4.2 License Law Violations & Discipline

Key Takeaways

  • SCREC investigates complaints and may deny, reprimand, fine, place on probation, suspend, or revoke a license under S.C. Code Title 40, Chapter 57
  • The commission may impose a fine of up to $10,000 per violation (40-57-720, read with Section 40-1-120)
  • Acting as a real estate professional without a license is a misdemeanor punishable by a fine of not more than $500 or imprisonment of not more than six months, or both (40-57-220)
  • Conversion of trust funds and fraud can be prosecuted criminally in addition to license discipline; SCREC itself cannot order imprisonment
  • Licensees have due process rights including notice of charges, a hearing, counsel, presenting and cross-examining witnesses, and appeal of an adverse decision
Last updated: June 2026

Grounds for Discipline

The South Carolina Real Estate Commission (SCREC), housed in the Department of Labor, Licensing and Regulation (LLR), may discipline any applicant or licensee for the grounds listed in S.C. Code Section 40-57-710. The exam expects you to recognize prohibited conduct on sight, so group it into four families.

1. Misrepresentation and fraud

ViolationWhat It Looks Like
Material misrepresentationOverstating square footage or lot size
Negligent omissionFailing to disclose a known material defect such as a leaking roof
FraudForging a signature or faking a comparable sale
False advertising"Waterfront" listing that is two blocks from water

2. Trust account violations

Commingling, conversion, failure to deposit on time, inadequate records, and a trust account shortage (balance less than the total owed to clients) are all independent grounds, carried over from Section 4.1.

3. Agency and disclosure failures

ViolationDescription
No agency disclosureNot delivering the required brokerage-relationship disclosure
Undisclosed dual agencyRepresenting both sides without written informed consent
Breach of fiduciary dutyPutting personal interest above the client's
Undisclosed self-dealingBuying a client's property without revealing the licensee's interest

4. Unlicensed and unauthorized activity

ViolationDescription
Practicing without a licensePerforming brokerage acts with no active license
Practicing on an expired/lapsed licenseContinuing after expiration without renewal
Paying an unlicensed personSplitting a commission with someone not licensed
Failure to superviseA BIC ignoring associates' misconduct

High-yield correction: Acting as a real estate professional without a license is a misdemeanor. Under S.C. Code Section 40-57-220 the penalty is a fine of not more than $500 or imprisonment of not more than six months, or both — it is not a $5,000 fine. Do not confuse this small criminal penalty with the much larger administrative fine SCREC can levy on its own licensees.

The Disciplinary Process

Discipline is a contested case with built-in due process. The stages:

  1. Complaint or commission-initiated review. A consumer, competitor, or SCREC itself raises a concern.
  2. Investigation. LLR investigators gather documents, interview witnesses, and audit trust accounts.
  3. Charging decision. Staff decide whether evidence supports formal charges; weak complaints are dismissed.
  4. Notice and hearing. The licensee receives written notice of the specific charges and a formal hearing, which may be heard by the commission panel or an Administrative Law Judge (ALJ).
  5. Decision and appeal. The commission issues a written order; the licensee may appeal to the Administrative Law Court and the courts.

Due process rights

RightMeaning
NoticeWritten statement of the charges
HearingOpportunity to be heard before any adverse action
CounselRight to be represented by an attorney
EvidenceRight to present documents and witnesses
Cross-examinationRight to question the state's witnesses
AppealRight to judicial review of an unfavorable order

Sanctions SCREC Can Impose

Under Sections 40-57-710/720 and the umbrella penalty statute 40-1-120, the commission may order any of the following — alone or combined:

SanctionDescription
DenialRefuse to issue or renew a license
ReprimandPublic or private written censure
FineUp to $10,000 per violation
ProbationConditional licensure with restrictions/monitoring
SuspensionTemporary loss of the right to practice
RevocationLoss of license, generally treated as permanent
Remedial educationRequired courses, often paired with probation

Key distinction: SCREC is an administrative body. It can fine, suspend, and revoke, but it cannot order imprisonment. Jail comes only from a criminal court.

How penalties are calibrated

Aggravating / Mitigating FactorEffect
Severity and consumer harmGreater harm pushes toward suspension/revocation
Prior disciplinary historyRepeat offenders face stiffer sanctions
IntentWillful fraud is treated far worse than negligence
Cooperation and restitutionVoluntary repayment and candor can reduce the penalty

Criminal Penalties Run Separately

Some conduct is both a license violation and a crime, prosecuted in court independent of SCREC:

ConductCriminal Exposure
Unlicensed practice (40-57-220)Misdemeanor; up to $500 fine and/or up to 6 months
Conversion of trust fundsTheft/embezzlement charges
Fraud or forgeryCriminal fraud charges

Consumer Complaint Path

A consumer files online or by mail with SCREC, attaches supporting documents (contracts, settlement statements, emails, and bank records), and the commission investigates. The matter then ends in one of three ways: dismissal for lack of evidence, an informal resolution such as a consent order, or formal charges leading to a hearing. Consumers should understand that the commission disciplines the license and protects the public interest; it does not act as the consumer's private collection agent.

Recovering lost money usually requires a separate civil lawsuit against the licensee, or in qualifying cases a claim against the state recovery framework. Exam questions often test this boundary: SCREC discipline (administrative) and a consumer's money judgment (civil court) are two different tracks that can run at the same time over the same facts.

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SCREC Disciplinary Process
Test Your Knowledge

A person closes several home sales for a fee while holding no real estate license. Under South Carolina law, what is the criminal exposure?

A
B
C
D
Test Your Knowledge

What is the maximum monetary fine SCREC may impose per violation when disciplining a licensee?

A
B
C
D
Test Your Knowledge

Which of the following is something SCREC, acting on its own, CANNOT do to a licensee?

A
B
C
D
Test Your Knowledge

Before SCREC revokes a license, which due process protection is the licensee entitled to?

A
B
C
D