Key Takeaways

  • AREC can investigate complaints, conduct hearings, and impose disciplinary actions
  • Violations can result in license denial, suspension, revocation, fines, or civil penalties
  • Common violations include misrepresentation, commingling, unlicensed activity, and disclosure violations
  • Practicing without a license is prohibited and can result in criminal penalties
  • Licensees have due process rights including notice and hearing before disciplinary action
Last updated: January 2026

License Law Violations & Discipline

AREC has authority to investigate complaints and take disciplinary action against licensees who violate Alaska Statutes Title 8 Chapter 88 and 12 AAC 64.

Grounds for Disciplinary Action

Misrepresentation and Fraud

ViolationDescription
Material misrepresentationFalse statements about important facts
OmissionFailing to disclose known material defects
FraudIntentional deception for personal gain
False advertisingMisleading marketing or claims

Trust Account Violations

ViolationDescription
ComminglingMixing client and broker funds
ConversionUsing client funds without authorization
Failure to depositNot depositing funds timely
Poor recordsInadequate documentation

Agency and Disclosure Violations

ViolationDescription
Agency disclosure failureNot providing required agency disclosures
Undisclosed dual agencyActing for both parties without consent
Breach of fiduciary dutyViolating duties to clients
Undisclosed interestFailing to disclose personal interest

Unlicensed Activity

ViolationDescription
Practicing without licensePerforming activities requiring a license
Practicing on expired licenseWorking after license expiration
Paying unlicensed personsCompensating unlicensed individuals for licensed activities

Other Violations

ViolationDescription
IncompetenceLack of skill or knowledge
Criminal convictionConviction of crime involving moral turpitude
Failure to superviseBroker not properly supervising salespersons
Improper advertisingNot following advertising requirements

Warning: Practicing real estate without a license is prohibited and can result in criminal prosecution.

Disciplinary Process

Investigation

  1. Complaint filed with AREC (or AREC initiates investigation)
  2. Investigation conducted by DCBPL staff
  3. Evidence gathered (documents, interviews, audits)
  4. Determination made whether to proceed

Hearing Process

If AREC proceeds with disciplinary action:

StepDescription
NoticeLicensee notified of charges
ResponseLicensee may respond in writing
HearingFormal hearing before Commission or hearing officer
EvidenceBoth sides present evidence
DecisionCommission issues written decision
AppealLicensee may appeal to court

Due Process Rights

Licensees have the right to:

  • Notice of charges
  • Hearing before adverse action
  • Representation by attorney
  • Present evidence and witnesses
  • Cross-examine witnesses
  • Appeal unfavorable decisions

Disciplinary Actions

AREC may impose various sanctions:

ActionDescription
DenialRefuse to issue license
SuspensionTemporary loss of license (specified period)
RevocationPermanent loss of license
ReprimandFormal warning
FineMonetary penalty (up to $25,000 per violation)
Civil penaltyAdditional monetary penalty
ProbationConditional license with restrictions
EducationRequired additional training
RestitutionOrder to repay injured party

Factors Considered

FactorImpact
Severity of violationMore serious = harsher penalty
Prior disciplinary historyRepeat violations = stricter
Harm to consumersConsumer damage = more serious
CooperationCooperation may reduce penalty
RehabilitationRemedial steps may help
Intentional vs. negligentIntent results in stricter penalty

License Reinstatement

After suspension or revocation, licensees may be able to reinstate:

After Suspension

RequirementDetails
Wait periodSuspension period must be completed
ConditionsMust meet any conditions imposed
ApplicationApply for reinstatement
FeePay reinstatement fee

After Revocation

RequirementDetails
Wait periodUsually 3-5 years minimum
ApplicationPetition AREC for reinstatement
EvidenceShow rehabilitation
Re-examinationMay be required
ConditionsMay have restrictions

Consumer Protection

Surety Fund Claims

Consumers harmed by licensee misconduct can file claims against the Surety Fund:

RequirementDetails
JudgmentMust first obtain court judgment
AmountMaximum $15,000 per transaction
Per licenseeMaximum $30,000 total
Time limit2 years from discovery

Filing a Complaint

Consumers can file complaints with AREC:

StepAction
1Complete complaint form
2Provide documentation
3Submit to AREC
4Investigation conducted
5Determination made

Important: AREC investigates complaints but does not award damages to consumers. Consumers seeking compensation must pursue civil remedies or the Surety Fund.

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AREC Disciplinary Process
Test Your Knowledge

What is the maximum fine AREC can impose per violation?

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Test Your Knowledge

Which of the following is TRUE about licensee due process rights in Alaska?

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Test Your Knowledge

What must a consumer do before filing a claim against the Alaska Real Estate Surety Fund?

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B
C
D
Test Your Knowledge

Which action is NOT a disciplinary action AREC can impose?

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B
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D
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