Delaware Real Estate Broker Exam — All Questions
4 questions
The Delaware Real Estate Commission has nine members appointed by the Governor. Those nine seats are divided into:
- a.Five professional members and four public members✓
- b.Nine licensed brokers, three drawn from each county
- c.Six professional members and three public members
- d.Five public members and four professional members
24 Del. C. § 2903(b) sets the Commission at “9 members appointed by the Governor: 5 professional members, 3 of whom shall be licensed brokers, 1 associate broker, and 1 salesperson; and 4 public members.” The professional side is deliberately mixed rather than all-broker, so the associate broker and salesperson tiers each keep a seat and a bench of nine brokers is not the design. Nor is the split six and three, because the statute puts four public seats on the Commission — one from each county and one from the City of Wilmington — and an act or vote by a member appointed in violation of that subsection is invalid. Reversing the ratio inverts the point: the public members are a minority check, not the working majority. Every member must have lived in Delaware for at least five years before appointment.
A member of the public files a complaint against a Delaware licensee. Under Chapter 29 that complaint is investigated by:
- a.The Attorney General, who issues a final written report to the Commission
- b.The licensee's local board of Realtors, which forwards its findings
- c.The Division of Professional Regulation, which issues a final written report✓
- d.The Commission chairperson, who reports the findings orally at the next meeting
24 Del. C. § 2911 provides that all complaints “shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.” Investigation and adjudication are kept apart on purpose, so the chairperson does not investigate; under § 2906(a)(9) the Commission refers complaints to the Division and assigns a member only to advise on technical aspects. The Attorney General enters at a different point — § 2907(e) requires a referral where an applicant supplied intentionally false information — not as the routine investigator. A board of Realtors is a private association that can enforce its own code against its own members but has no statutory role in license discipline.
After a disciplinary hearing the Delaware Real Estate Commission decides to fine a licensee. The statutory ceiling on that penalty is:
- a.$1,000 for each violation
- b.$2,500 for each violation
- c.$5,000 for each violation✓
- d.$10,000 for each violation
24 Del. C. § 2914(a)(3) lets the Commission “impose a monetary penalty not to exceed $5,000 for each violation,” and § 2914(a) allows the sanctions to be imposed singly or in combination with a letter of reprimand, probation, suspension, or revocation, permanent or otherwise. The lower figures understate the ceiling; the higher one belongs to a different statute, since the $10,000 maximum in § 2924 is a criminal fine for a second or subsequent conviction for unlicensed practice, imposed by the Justices of the Peace rather than by the Commission. Note also that the penalty runs per violation, so a course of conduct can carry several $5,000 exposures rather than one.
A consumer holds an uncollectible judgment against a Delaware licensee for fraud. The most the Real Estate Guaranty Fund can pay in connection with that one transaction or claim is:
- a.$10,000
- b.$25,000
- c.$50,000✓
- d.$100,000
24 Del. C. § 2922(a) caps recovery at “the sum of $50,000 in connection with any 1 transaction or claim, regardless of the number of persons aggrieved or parcels of real estate involved.” The $25,000 figure is the trap: it was the cap for decades and still appears in older Delaware study guides, but 85 Del. Laws, c. 274 (Senate Bill 201, enacted 1 June 2026) doubled it, and that section took effect on enactment rather than on a delayed date. The $10,000 and $100,000 figures correspond to nothing in the section. The claim itself must be verified and filed within 60 days after the final judgment, and § 2922(d) lets the Commission suspend or revoke the license until the licensee repays the Fund in full with interest — a discharge in bankruptcy does not lift that.