Duties and Powers of the Real Estate Commission
Area I of the Delaware state portion is four scored items on the Commission itself: what it is for, how it is made up, how a complaint moves through it, what it can impose, and the Guaranty Fund it administers.
Purpose, powers and composition
24 Del. C. Section 2900(a) makes the Commission's primary objective the protection of the public, specifically the direct recipients of regulated services; competency standards are secondary. Section 2903(b) seats nine members appointed by the Governor: five professional (three brokers, one from each county; one associate broker; one salesperson) and four public (one per county plus one from the City of Wilmington), all Delaware residents of at least five years. Section 2906 lists the powers — rules and regulations, approval of forms, qualifications for licensure, prelicensing and continuing education standards, random CE audits, hearings, sanctions, Guaranty Fund orders, and cease-and-desist orders with fines for unlicensed practice.
Investigations, hearings and appeals
Complaints are received and investigated by the Division of Professional Regulation under Section 2911 and 29 Del. C. Section 8735, and the Division issues the final written investigative report; the Commission adjudicates. A majority of members is a quorum under Section 2904(c), but no licensee may be disciplined without the affirmative vote of at least five members. Section 2912(d) forbids restricting, suspending or revoking a license before notice and an opportunity to be heard under the Administrative Procedures Act. Section 2915 allows a temporary suspension pending hearing, on the written order of the Secretary of State with the Chairperson's concurrence, only after at least 24 hours' notice, and it may not run longer than 60 days. Appeals go to the Superior Court.
Sanctions
Section 2912 lists the grounds, from substantial misrepresentation and false promises to failing to account for others' money, illegal or negligent practice, paying unlicensed persons, undisclosed compensation for related products or services, misrepresenting a statutorily required form, and discipline in another jurisdiction. Section 2914 then supplies the sanctions, singly or in combination: a letter of reprimand, probation with reporting or practice limits, a monetary penalty not to exceed $5,000 for each violation, suspension, and revocation or permanent revocation, plus extra continuing education. Section 2912(b) is the limit worth memorizing: an employee's or associate's violation is not cause to revoke the broker's license unless the Commission is satisfied the broker knew of it.
The Real Estate Guaranty Fund
Section 2922 lets a person holding a final judgment against a licensee or brokerage organization for theft, forgery, fraud, misrepresentation or deceit recover from the Fund what the judgment debtor will not pay. The cap is $50,000 in the aggregate for any one transaction or claim — raised from $25,000 by 85 Del. Laws, c. 274 (Senate Bill 201), which was enacted on 1 June 2026 and took effect immediately for this section. The claim must be verified and filed within 60 days of the final judgment, and the claimant must show diligent exhaustion of collection remedies. Each licensee pays a one-time $25 Guaranty Fund fee. Section 2922(i) directs the Commission to keep the Fund above $350,000; Section 2922(j), which SB 201 left alone, still triggers a pro rata assessment on licensees if the balance falls below $250,000. A licensee whose conduct drew a payment can be suspended or revoked until the Fund is repaid with interest, and bankruptcy does not discharge that.
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State-specific details
State exam facts
- Exam vendor
- Pearson VUE
- Passing score
- Scaled score of 70
- Scored questions
- 130
Who regulates real estate brokers in Delaware?
The Delaware Real Estate Commission, within the Division of Professional Regulation, licenses brokers and salespersons under 24 Del. C. Chapter 29. The Commission's exams are delivered by Pearson VUE (candidate handbook #090800).
What experience do I need before the Delaware broker exam?
A broker applicant must meet the associate broker requirements — actively licensed for five continuous years and a list of at least 30 completed sale or lease transactions from those five years — and, under Commission Rule 4.1.1, must also have been actively engaged in real estate services as a licensed salesperson or associate broker for the three years immediately preceding application. A broker applicant also applies for a real estate office permit.
How is the Delaware broker exam structured?
The Delaware broker exam has 130 scored questions (80 national/general + 50 Delaware state law) plus 10 unscored pretest items, is delivered by Pearson VUE in a four-hour appointment, and requires a scaled score of 70 to pass. The 50 state items are split 4 / 3 / 17 / 16 / 10 across the handbook's five state areas.
Sources: https://dpr.delaware.gov/boards/realestate/, https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/090800.pdf
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