Not exact matches
Example 1: REALTOR ® A, who had recently earned her real
estate license, was found to have
violated Article 12 for advertising a listed property without disclosing her status as either a REALTOR ® or as a real
estate licensee.
The Pennsylvania Real
Estate Commission invoked sanctions against the
licensee for
violating the state licensing statute by advertising herself as a broker without having the required broker's license.
With respect to
licensee discipline, a «persistent course of dealing» by a real
estate licensee who
violates a statute or rule «constitutes prima facie evidence that an associated real
estate licensee had knowledge of the violation by the real
estate licensee.»
In Mortgage Bankers Ass»n of NJ v. NJREC, the Superior Court of New Jersey addressed whether the receipt of a $ 250 fee by a real
estate licensee in connection with providing mortgage information to a buyer
violated the state mortgage brokering statute.
In taking advantage of the law, out - of - state
licensees give jurisdiction to the Ohio Real
Estate Commission to come after them if they
violate license requirements while working on a deal.
Additionally, the department alleged that the
licensee violated Section 455.227 (1)(j), by acting as an agent for her unlicensed real
estate corporation, therefore aiding and abetting an unlicensed real
estate corporation.
Ultimately, the judge found that the
licensee violated Section 455.227 (1)(j), by acting on behalf of the unlicensed real
estate corporation during a real
estate transaction.
287 DOS 98 Matter of DOS v. Uqdah Realty & Management Corp. — deposits; jurisdiction; fraudulent practices; failure to pay judgment; vicarious liability; notary public; disclosure of agency relationship; broker
violated 19 NYCRR 175.1 when he deposited escrow funds into his operating account; broker committed conversion when his operating account fell below deposit amount; broker engaged in fraudulent practices when he illegally retained buyer's trust funds and attempted to qualify prospective buyer for mortgage by falsely stating their employment; broker failed to disclose his agency relationship to his client; failure to pay judgment; corporate real
estate broker vicariously liable and charged with actual knowledge of violation of law because of representative broker's cognizant misconduct as corporate officer; broker is not required to deposit a refundable commission in an escrow account unless contractually demanded; corporate broker and representative broker's license revoked; restitution of deposit of $ 12,000 plus interest; notary public commission revoked based on misconduct as a real
estate licensee
If you believe a
licensee or brokerage may have acted improperly by
violating the Real
Estate Trading Act, its Regulations or the Commission Bylaw during the course of a trade in real estate you may contact us to file a written comp
Estate Trading Act, its Regulations or the Commission Bylaw during the course of a trade in real
estate you may contact us to file a written comp
estate you may contact us to file a written complaint.
To be loyal to the Clients interests by placing those interests before all others in negotiation of a real
estate transaction and in other activities, except where such loyalty duty would
violate the
Licensee's duties owed to all the parties in the tr
Real
estate licensees can develop promotions which do not
violate the prohibitions against fee splitting and kickbacks.
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed;
licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker
violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real
estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real
estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its
licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
The Disciplinary Decisions section of this issue includes many examples of the Council's ongoing work to ensure that
licensees who
violate the Real
Estate Services Act are penalized.