2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2912. Grounds for discipline.

§ 2912. Grounds for discipline.
(a) A licensee shall be subject to disciplinary sanctions set forth in § 2914 of this title if after a hearing, the Commission finds that the licensee:
(1) Has made any substantial misrepresentation; or
(2) Has made any false promise of a character likely to influence, persuade or induce; or
(3) Has pursued a continued and flagrant course of misrepresentation or the making of false promises through licensees or advertising or otherwise; or
(4) Has failed, within a reasonable time, to account for or to remit any money coming into the licensee's possession which belongs to others; or
(5) Has illegally practiced real estate services; or
(6) Has incompetently or negligently practiced real estate services in such manner as to not safeguard the interest of the public; or
(7) Has paid a commission or valuable consideration to any person for acts or services performed in violation of this chapter; or
(8) Has assisted a person in providing real estate services who does not hold a license to provide real estate services in this State.
(9) Has violated a provision of this chapter, any of the rules and regulations established thereunder, or any order of the Commission; or
(10) Has received or made an arrangement or agreement to receive, directly or indirectly, any form of valuable consideration for products or services relating to a real estate services transaction without prior written disclosure by the licensee to the customer or client of the licensee and the payor for the product or service; or
(11) Has misrepresented the availability of or the content of any statutorily required form such as the seller's disclosure of real property condition report form and/or the radon disclosure as provided in Chapter 25 of Title 6; or
(12) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license or renew a license as a real estate service provider; has impersonated another individual holding a license, or has allowed another individual to use that licensee's license, or has aided or abetted an individual not licensed as a real estate service provider to represent himself or herself as a real estate service provider; or
(13) Has been convicted of a crime that is substantially related to the practice of real estate services. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefore; or
(14) Has had a license as a real estate service provider suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Commission by certified record and the Commission has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every individual licensed as a real estate service provider in this State shall be deemed to have given consent to the release of this information by the Commission or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses; or
(15) Has failed to notify the Commission that the licensee's license as a real estate service provider in another jurisdiction has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.
(b) Any unlawful act or violation of this chapter by any real estate service provider, employee, partner, or associate of a licensed broker shall not be cause for the revocation of a license of any broker, unless it appears to the satisfaction of the Commission that such broker had knowledge thereof.
(c) The Commission may suspend or revoke any license issued under this chapter at any time where the licensee has been convicted in a court of competent jurisdiction of the crime of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud or any similar offense or has had entered a plea of guilty or nolo contendere to any similar offense.
(d) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Commission, and no licensee's right to practice real estate services shall be limited by the Commission until such licensee has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(e) A licensee acting or providing service under an exemption as defined in § 2901 of this title and through the course of delivery of the exempted service is, after a hearing, found to be guilty of paragraphs (a)(1) through (11) of this section shall be subject to discipline pursuant to § 2914 of this title.
35 Del. Laws, c. 63, §  9;  Code 1935, §  5481;  41 Del. Laws, c. 218, §  2;  24 Del. C. 1953, §  2912;  60 Del. Laws, c. 714, §§  4, 5;  67 Del. Laws, c. 121, §§  10-12, 23;  67 Del. Laws, c. 171, §  2;  67 Del. Laws, c. 256, §  1;  67 Del. Laws, c. 381, §  13;  68 Del. Laws, c. 166, §  2;  69 Del. Laws, c. 86, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 103, §  2;  75 Del. Laws, c. 88, §  17(2);  78 Del. Laws, c. 166, §  1;