Real Estate · State License Law and Commission

What is a typical maximum disciplinary penalty a state real estate commission can impose?

Correct answer

Range of penalties: warning/reprimand, fines (typically up to $1,000-$10,000 per violation), required education, probation, license SUSPENSION (temporary loss of license), license REVOCATION (permanent or long-term loss); criminal cases referred to prosecutors

  1. A Only a warning letter
  2. B Range of penalties: warning/reprimand, fines (typically up to $1,000-$10,000 per violation), required education, probation, license SUSPENSION (temporary loss of license), license REVOCATION (permanent or long-term loss); criminal cases referred to prosecutors
  3. C Imprisonment
  4. D Death penalty

Why this is the answer

STATE COMMISSION DISCIPLINARY AUTHORITY: state real estate commissions have administrative authority to discipline licensees for violations of license law, regulations, or unethical conduct. RANGE OF PENALTIES (varies by state but commonly): (1) WARNING / REPRIMAND — informal; on record but no further action; (2) FINES — administrative penalties; typical maximums per violation $1,000-$10,000; some states have higher; (3) REQUIRED EDUCATION — additional CE hours, ethics courses; can be condition of continued licensure; (4) PROBATION — period of monitored practice with conditions; further violations during probation can escalate; (5) SUSPENSION — temporary loss of license (specified period); cannot practice during suspension; (6) REVOCATION — license terminated; cannot practice; reinstatement may or may not be possible after time period and conditions; (7) DENIAL of license renewal or application; (8) RESTITUTION to harmed parties; (9) DISGORGEMENT of commissions earned in violation. PROCESS: (1) COMPLAINT filed (consumer, another licensee, anyone); (2) INVESTIGATION by commission staff; (3) NOTICE TO LICENSEE; (4) HEARING (administrative hearing, due process protections); (5) DECISION by commission or administrative law judge; (6) APPEAL rights — to state court typically. COMMON VIOLATIONS that lead to discipline: (a) Trust account violations (commingling, conversion); (b) Misrepresentation or fraud; (c) Acting outside authority; (d) Discrimination/fair housing violations; (e) Failing to disclose material facts; (f) Unauthorized practice of law; (g) Practicing without license or under suspended license; (h) Conviction of certain crimes (depending on state, may be automatic grounds); (i) Conflict of interest; (j) Failure to supervise (broker responsibility); (k) Advertising violations; (l) Mishandling earnest money. CRIMINAL CASES: when conduct is criminal (theft, fraud, embezzlement from trust account), refers to prosecutors; criminal conviction is in addition to administrative discipline. Bonds, E&O insurance, recovery funds may compensate harmed parties in some cases. State portion exam tests YOUR state's specific commission procedures, penalty ranges, and process.
Source: Real Estate State Portion, Disciplinary Process

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