Final answer:
The state's real estate commission or regulatory body is generally responsible for prosecuting an unlicensed individual for violation of real estate law. They ensure adherence to legal and ethical standards, and the actions against the violator can range from orders to fines or criminal charges.
Step-by-step explanation:
In the case where an owner of a single-family residence sells their home with the assistance of an unlicensed person, it typically falls to the state's real estate commission or regulatory body to prosecute the unlicensed individual for a violation of real estate law. This is because real estate regulations are enforced at the state level, and the licensing of real estate professionals is usually a requirement to ensure that participants in the market are properly educated and adhering to legal and ethical standards. If a homeowner unknowingly works with an unlicensed person, they may not face penalties themselves, but they could be indirectly affected if the transaction is deemed invalid or if they have legal issues arising from the sale.
For example, if a homeowner in California is assisted by an unlicensed person in the sale of their home, the California Bureau of Real Estate would be the body responsible for investigating and prosecuting the unlicensed practice. The enforcement actions can range from cease and desist orders to fines and possibly criminal charges, depending on the severity of the offense.