The notes below are intended only to supplement a complete and diligent review of the related chapter in your course text. Studying these notes alone is not expected to be adequate test preparation.

 

 

CAUSES FOR DISCIPLINARY ACTION

©Copyright 1998 - 2008 Tim Wyman. All rights reserved. Reproduction in whole or in part in any form or medium without express written permission of is prohibited. See Terms & Conditions to use this material.

 

The following has been somewhat abbreviated from its original form as it appears in the New Jersey statutes (N.J.S.A. 45:15-17) to make it more readable, understandable and easier to remember. A familiarity with these provisions is necessary for proper test preparation.

 

The New Jersey Real Estate Commission may place a licensee on probation or suspend or revoke a license when the licensee is deemed to be guilty of any of the following. In addition, or as an alternative to such probation, revocation or suspension, a penalty of not more than $5,000 for a first violation, and a penalty of not more than $10,000 for any subsequent violation may be imposed.

  1. Making false promises or substantial misrepresentation  MORE INFO

  2. Dual representation in a transaction without disclosure  MORE INFO

  3. Making false representations through salespersons, broker-salespersons, advertisements or otherwise MORE INFO

  4. Failure to account for or pay over any moneys belonging to others

  5. Conduct which demonstrates unworthiness, incompetency, bad faith or dishonesty  MORE INFO

  6. Failing to cooperate with a real Estate Commission investigation

  7. Failing to provide client, at the time of execution, with an copy of any sale or exclusive sales or rental listing contract  MORE INFO

  8. Failing to specify an unqualified definite termination date in an exclusive sale or rental listing agreement

  9. Using a lottery, contest, game, prize or drawing for the sale or promotion of real estate MORE INFO

  10. Being convicted of a crime, knowledge of which the Commission did not have when the license was issued

  11. Being paid as a real estate broker and representing either party in the transaction in a different capacity for consideration MORE INFO

  12. Indicating membership in a real estate organization of which the licensee is not a member

  13. Paying a rebate, compensation or commission to an unlicenced person

  14. Any conduct which constitutes fraud or dishonest dealing

  15. Accepting a real estate transaction related fee from anyone other than the employing broker

  16. Procuring a real estate license by fraud, misrepresentation or deceit

  17. Commingling

  18. Failing to disclose to the buyer, in the contract of sale, when the licensee has any ownership interest in the property  MORE INFO

  19. Failure of a seller/licensee to disclose his status as a licensee in the sales contract  MORE INFO

  20. Failure of a buyer/licensee to disclose his status as a licensee in the sales contract  MORE INFO

  21. Charging a fee or commission for supplying lists of purportedly available rental housing before a lease is drawn or the tenant take possession without complying with all applicable rules

  22. Failing to notify the Commission within 30 days of:
    1. being convicted of a crime, misdemeanor or disorderly person offense
    2. being indicted
    3. filing of any formal criminal charges against the licensee
    4. suspension or revocation of a real estate license in another state
    5. initiation of formal disciplinary proceedings in another state

  23. Failing to supply the Commission with any documentation they may request regarding a licensee disciplinary action in another state

  24. Violation of any of the laws or regulations pertaining to real estate licensees

 

 

 

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