Difficulty: Easy

Average Score: 100%

While conducting an investigation into the business practices of a licensee, the Missouri Real Estate Commission may

Rationale

While conducting an investigation into the business practices of a licensee, the Missouri Real Estate Commission may subpoena the licensee's records and papers that have bearing on the complaint.

The Missouri Real Estate Commission has the authority to subpoena documents and records relevant to an investigation, ensuring that it can effectively assess any complaints against a licensee.

A (subpoena the licensee's records and papers that have bearing on the complaint.) CORRECT

This option correctly identifies a power of the Missouri Real Estate Commission, allowing it to gather necessary evidence for its investigations. Subpoenaing records is a standard procedure in regulatory investigations, enabling the Commission to review relevant documentation to support its findings.

B (get an injunction through the attorney general's office prohibiting the licensee from leaving the state.) YOUR ANSWER

This option is incorrect because the Missouri Real Estate Commission does not have the authority to issue injunctions prohibiting a licensee from leaving the state. Such actions typically require a court order and are outside the Commission's regulatory powers.

C (require the licensee to submit to a polygraph test.) YOUR ANSWER

This choice is incorrect as the Missouri Real Estate Commission does not have the jurisdiction to mandate polygraph tests for licensees. Polygraph tests are often controversial and not standard practice in regulatory investigations, as their results may not be admissible in legal proceedings.

D (compel any person from out of state to come before the Commission to offer testimony or any material specified in the subpoena.) YOUR ANSWER

While the Commission can issue subpoenas, it cannot compel individuals from out of state to appear for testimony without cooperation from the state where the individual resides. This limitation restricts the Commission's power in cross-state regulatory matters.

Conclusion

The Missouri Real Estate Commission's primary investigative tool includes the ability to subpoena relevant records and papers from licensees, which is essential for thorough investigations into complaints. The other options presented do not accurately reflect the Commission's powers, emphasizing the importance of understanding regulatory authority in real estate practices.

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