Bill would require background checks to renew real estate licenses

[TexasTowelie]

Criminal background checks would be conducted on real estate professionals seeking to renew their South Carolina licenses under a proposed bill.

The bill's sponsor, South Carolina state Rep. Chip Huggins, said he decided to propose the measure after Spartanburg County real estate agent Todd Kohlepp was recently charged with kidnapping and seven counts of murder.

Huggins, a Republican from Columbia who is a former realtor, said he also is working with Rep. Eddie Tallon on legislation that might specify which types of crimes would disqualify someone from being licensed as a real estate professional in South Carolina. Tallon, a Republican from Spartanburg, is a retired state law enforcement officer.

Kohlhepp was a registered sex offender when state officials approved his application for a real estate license in 2006.

Read more: http://www.independentmail.com/story/news/local/2016/12/19/bill-would-require-criminal-background-checks-renew-real-estate-licenses/95621006/

[HassleCat]

1. What the...

What does selling houses have to do with a criminal record?

[TexasTowelie]

2. One reason why I believe it might be a proper safeguard

is that while real estate agents deal with the public, they also are frequently alone with both sellers and potential buyers in the property that is going on the market. Someone that has a record of sexual assault or abduction could present a danger. In addition, having people with criminal histories creates a liability for the company employing the agent if something does occur. While it is ultimately the responsibility of the employer to check the legal status of their agents periodically, it most likely will not occur unless there is something to prompt that check.

In addition, there are the fiduciary crimes such as forgery, fraud and theft that would appear on a criminal record. If an agent forges documents so that full disclosure about the condition of the property is not revealed then it could not only hurt the buyer, but the company/bank financing the mortgage.

Background checks are required for other occupations which present less risk to the public and are considered unskilled positions. Since being a real estate agent is considered as a skilled occupation it doesn't seem like an unreasonable imposition.

[HassleCat]

3. Criminals should never get out, I guess.

[TexasTowelie]

4. I firmly believe that once someone has served their sentence that they should be able to return to

work and given the broadest latitude possible to find suitable employment. However, some reasonable limits on employment are acceptable--I wouldn't want someone that stole thousands of dollars to serve as a bank teller, a child molester to teach school, etc.

The article says that they plan on developing a list of crimes that would prevent someone from obtaining a real estate license and they might also place time limits as a precautionary move. Should someone that got busted for selling a bag of weed twenty years ago be prevented from getting a real estate license? I would say no, but I would not put someone in a situation where they might be tempted to repeat a crime that they committed previously.