32. Which of the following actions would NOT subject a licensee to disciplinary action by the Real Estate Commission
Answer: B
Firing a new salesperson who did not achieve specific sales goals would NOT subject a licensee to disciplinary action by the Real Estate Commission.
A licensee has the discretion to manage their sales team, including making decisions about employment based on performance, such as sales goals.
A) Routinely destroying agency records every four years
This action could lead to disciplinary action as the Real Estate Commission typically requires that agency records be maintained for a certain period. Destroying records could hinder the ability to resolve disputes or review past transactions, which is critical for compliance.
B) Firing a new salesperson who did not achieve specific sales goals
This action is within the rights of the licensee to manage their team and is not subject to disciplinary action. Licensees can set performance expectations and make employment decisions based on those goals without facing repercussions from the Real Estate Commission.
C) Holding a deposit for thirty days before depositing it in a trust account
Holding a deposit for an extended period before depositing it may violate regulations regarding timely trust account management. This could lead to disciplinary action as it undermines trust account integrity and compliance with real estate regulations.
D) Holding a drawing for a television among persons attending an open house
This action might be seen as a violation of ethical standards or promotional regulations, potentially leading to disciplinary action. Incentives for attendance must align with real estate laws and regulations, and improper use of such promotions could attract scrutiny.
Conclusion
The correct answer, B, is justified as licensees have the authority to make employment decisions based on performance criteria, which does not violate any regulations. In contrast, options A, C, and D involve actions that could compromise compliance and ethical standards required by the Real Estate Commission, making them susceptible to disciplinary measures. Thus, B stands out as the only choice that aligns with permissible conduct in real estate management.