The WVREC has adopted a rule requiring all licensees to include their license number in all real estate advertisements. Broker Elena places an advertisement without her license number, claiming the rule is overly burdensome and unenforceable. Which of the following best describes the legal status of Elena's position?
Correct Answer
B) Elena is incorrect because WVREC rules have the force of law and non-compliance can result in disciplinary action
WVREC administrative rules promulgated under W. Va. Code § 30-40-7 and codified in W. Va. C.S.R. § 174-1-1 et seq. have the full force and effect of law. Advertising standards, including requirements to include license numbers, are binding on all licensees. Non-compliance exposes Elena to disciplinary action regardless of whether a consumer complaint has been filed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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