Key Takeaways
- The Hawaii Real Estate Commission (HREC) operates under the Department of Commerce and Consumer Affairs (DCCA) Real Estate Branch
- HREC consists of 9 members: 7 licensed real estate professionals and 2 public members
- Hawaii real estate license law is found in HRS Chapter 467 (Hawaii Revised Statutes)
- The Real Estate Branch handles day-to-day licensing operations, examinations, and investigations
- HREC can impose penalties including fines, license suspension, and revocation
Hawaii Real Estate Commission (HREC)
The Hawaii Real Estate Commission (HREC) regulates real estate licensees in Hawaii. It operates under the Department of Commerce and Consumer Affairs (DCCA).
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HREC Structure
Commission Members
HREC consists of 9 members appointed by the Governor and confirmed by the Senate:
| Member Type | Number | Requirements |
|---|---|---|
| Licensed real estate professionals | 7 | Active licensees in good standing |
| Public members | 2 | Never held a real estate license |
Members serve 4-year terms on a staggered basis.
Key HREC Functions
| Function | Description |
|---|---|
| Licensing | Set requirements, approve applications |
| Education | Establish pre-license and CE requirements |
| Discipline | Investigate complaints, impose penalties |
| Rules | Adopt and enforce Hawaii Administrative Rules |
| Recovery Fund | Administer the Real Estate Recovery Fund |
Hawaii Real Estate License Law
The Hawaii Real Estate License Law is found in HRS Chapter 467 (Hawaii Revised Statutes). It covers:
- License requirements and exemptions
- Duties of brokers and salespersons
- Prohibited practices
- Disciplinary actions and penalties
Administrative Rules
HREC adopts Hawaii Administrative Rules (HAR) Title 16, Chapter 99, which implement the statutes.
DCCA Structure
HREC operates within the larger DCCA (Department of Commerce and Consumer Affairs):
| Level | Role |
|---|---|
| DCCA | State agency overseeing professional licensing |
| Professional & Vocational Licensing Division (PVL) | Licensing operations |
| Real Estate Branch | Day-to-day licensing, investigations |
| HREC | Policy-making, discipline, rules |
Real Estate Branch
The Real Estate Branch handles:
- Processing license applications
- Administering examinations
- Collecting fees
- Maintaining licensee records
- Investigating complaints
- Supporting HREC meetings
HREC Disciplinary Powers
HREC can impose various penalties for violations:
| Penalty | Description |
|---|---|
| Fine | Up to $500 per violation for individual, $1,000 for business |
| License suspension | Temporary removal of license |
| License revocation | Permanent loss of license |
| Probation | Supervised practice with conditions |
| Reprimand | Official warning |
Grounds for Discipline
Common violations that can lead to discipline:
- Fraud, misrepresentation, dishonest dealing
- Failure to account for funds
- Conviction of a crime involving moral turpitude
- Violating HREC rules or license law
- Advertising violations
- Acting beyond scope of license
Real Estate Recovery Fund
The Real Estate Recovery Fund compensates victims of licensee misconduct:
| Limit | Amount |
|---|---|
| Per transaction | $25,000 |
| Per licensee (aggregate) | $75,000 |
Key Point: After payment from the fund, the licensee's license is automatically suspended until repayment with interest.
How many members serve on the Hawaii Real Estate Commission (HREC)?
Where is the Hawaii Real Estate License Law found?