Formal
Hearing Decisions December 2008 thru February 2009
Respondent Watts entered into Consent Agreements with the Arkansas
Appraiser Licensing and Certification Board.
Respondent did not make a written report to the Arkansas Real Estate
Commission within 30 days of the sanctions as required by Commission Regulation
10.16(b).
The Commission found Respondent Watts guilty of violating Commission
Regulation 10.16(b).
Luis
Vargas, Salesperson, Rogers, AR:
In Formal Hearing # 3074 the Commission ordered that “…Respondent
Vargas be fined $500.00, to be paid within thirty (30) days from the date of
this Order. Respondent Vargas is to
be placed on probation for a time period of twelve (12) months.
Respondent Vargas must complete a minimum of six (6) hours of continuing
education with the focus on ethics, to be approved in advance by the Executive
Director, and those six (6) hours will not count toward the general education
credit to continue the license. Before
Respondent Vargas can sit for the broker’s license, he must come back before
the Arkansas Real Estate Commission for permission.”
The Commission found Respondent Vargas guilty of violating Arkansas Code
Annotated §17-42-311(a)(7) and §17-42-311(a)(13); and, Commission Regulations
10.1(b) and 10.13(a).
Respondent Vargas committed acts involving dishonesty, untruthfulness and
untrustworthiness. Respondent
prepared a new contract changed the term, used the signature page from the
original Real Estate Contract which had been accepted by the Complainant, and
submitted the new contract to the lender, without the listing agent or
Complainant’s knowledge or approval.
Respondent’s conduct constitutes improper and dishonest dealings.
Respondent did not present the new $178,000 Real Estate Contract to the
listing agent.
Respondent acted independently of his Principal Broker by preparing the
new contract without his Principal Broker’s knowledge.
A Recovery Fund Hearing was held. The Commission denied the recovery fund
request.
Lisa
Nicole Chambers, Inactive Salesperson, Fayetteville, AR:
In Formal Hearing # 3076 the Commission ordered to “…revoke
Respondent Chambers’ license.”
The Commission found Respondent Chambers guilty of violating Arkansas
Code Annotated §17-42-311(a)(13), and Commission Regulation 10.16(a).
Respondent Chambers’ negotiated plea of guilty to a felony prohibits
Respondent from holding a salesperson license.
Respondent’s conduct constitutes improper, fraudulent and dishonest
dealing.
Respondent did not notify the Commission in writing within 30 days after
her negotiated plea of guilty to a felony.
Van
H. Chapman, Principal Broker, Searcy, AR:
By Consent Order, in Formal Hearing # 3059 the Commission ordered that “…
the voluntary surrender of Respondent’s Broker license will be accepted by the
Commission.” “...
Respondent will not be permitted to reinstate or renew his license in the future
without a formal administrative hearing on the complaint and investigation.”
Darrell
L. Titsworth, Principal Broker, Mena, AR:
By Consent Order, in Formal Hearing # 3077 the Commission ordered that
“…Respondent shall receive a Letter of Reprimand to be placed in his license
file and pay a $250 penalty to the Arkansas Real Estate Commission, within 90
days of the date of this Order.”
The Commission found Respondent Titsworth guilty of violating Commission
Regulation 10.16(b).
Respondent Titsworth did not make a written report to the Arkansas Real
Estate Commission within 30 days regarding the sanctions ordered by the Arkansas
Appraiser Licensing and Certification Board against his Arkansas Appraiser
license.
David
Ervin, Associated Broker, Fayetteville, AR:
In Formal Hearing # 3078 the Commission ordered that “…Respondent Ervin’s
broker license be revoked and he be allowed to keep his salesperson license.
Respondent Ervin is placed on probation for a time period of twelve (12)
months. Respondent Ervin must
successfully complete a minimum of six (6) hours of licensure law and ethics
continuing education, to be approved in advance by the executive director.
The hours and courses are to be in addition to the annual continuing
education hour’s credit to renew a license.
Respondent Ervin cannot sit for a broker license for a period of five (5)
years, after which he must appear, before the Arkansas Real Estate Commission
for permission to sit for that broker license.”
The Commission found Respondent Ervin guilty of violating Arkansas Code
Annotated §17-42-311(a)(13), and Commission Regulation 10.16(b).
Respondent Ervin did not make written reports to the Arkansas Real Estate
Commission within 30 days regarding the sanctions ordered by the Arkansas
Appraiser Licensing and Certification Board.
Respondent’s conduct as described in the May 9, 2007 Consent Order and
the July 16, 2008 Findings of Fact, Conclusions of Law and Order entered by the
Arkansas Appraiser Licensing Board, constitutes improper, fraudulent, or
dishonest dealings.
Mebylene
Carter, Inactive Salesperson, Betty J. Coney,
Designated Executive Broker, Kimberly Burks, Designated
Executive Broker, Maumelle, AR:
By Consent Order, in Formal Hearing # 3079 the Commission ordered that
“…Respondents Designated Executive Broker’s Coney and Burks and
Salesperson Carter shall each receive a Letter of Reprimand to be placed in
their license files and each pay a $250 penalty to the Arkansas Real Estate
Commission, within 90 days of the date of this Order.
The Commission found Respondents Coney and Burks guilty of violating
Arkansas Code Annotated §17-42-311(a)(12).
The Commission found Respondent Carter guilty of violating Commission
Regulation 6.3(b).
Respondents Designated Executive Broker’s Coney and Burks as
supervising brokers authorized commission payments to Respondent Carter for real
estate acts and services performed in 2008, while Respondent Carter was not
licensed.
Respondent Carter practiced as a real estate salesperson in 2008 while her license was expired.
Formal Hearing
Decisions – The following information is extracted from Findings of Fact,
Conclusions of Law and Order, and Consent Orders issued by the Commission from
June 2008 through November 2008. Formal
Hearing Decisions that have been appealed are not listed.
James A. Ponzini,
Principal Broker, Little Rock, AR:
In Formal Hearing # 3058 the Commission ordered that “…Respondent
Ponzini is to pay a penalty of $3,000.00. The
Commission votes to revoke Respondent Ponzini’s license and in the event that
the Respondent makes application for licensure again, then that application must
be approved by the Commission.”
The Commission found Respondent Ponzini guilty of violating Commission
Regulations 10.8(g)(1), 10.8(g)(3) and Arkansas Code Annotated §
17-42-311(a)(6), § 17-42-311(a)(11), and § 17-42-311(a)(13).
Respondent Ponzini did not remit or account for Sellers’ $3,000
received by Respondent at the April 6, 2004 closing that was to be held in
escrow by Respondent and only disbursed to pay the Complainant’s special
improvement taxes or reimburse to Seller.
Respondent did not deposit or in the alternative did not maintain the
$3,000 received by Respondent at the April 6, 2004 closing in his trust account.
Respondent’s October 3, 2006 Stephens & Company Escrow Account had
an ending balance of $10.00.
Respondent refused to cooperate and provide trust account and bank
statement records as requested by a Commission investigator in a March 11, 2008
letter to Respondent.
Because of Respondent’s conduct as described above, he is unworthy and
incompetent to act as a real estate broker in such a manner to safeguard the
interest of the public.
Respondent’s conduct as described above, constitutes improper,
fraudulent, and dishonest dealings.
A Recovery Fund Hearing was held. Respondent
Ponzini was ordered to pay Complainant $1,478.00 within thirty (30) days.
Dan S. Carter,
Salesperson, Little Rock, AR:
In Formal Hearing # 3053 the Commission ordered to “…revoke
Respondent Carter’s license and in the event that the Respondent makes
application for licensure again, that application must be approved by the
Commission.”
The Commission found Respondent Dan Carter guilty of violating Commission
Regulations 8.5(a), 10.7(a)(1), 10.10(a), 10.10(c), Arkansas Code Annotated §
17-42-311(a)(11), and § 17-42-311(a)(13).
Respondent Carter did not reduce to writing the exact agreements of the
parties. The Real Estate Contract
did not include a closing date, or any requirement that the buyer would obtain
third party financing. The
Respondent did not reduce to writing the agreement of the Complainant and Buyer
regarding the Buyer occupying Complainants’ property prior to closing.
Respondent Carter did not immediately deliver to his Principal Broker the
$600 rent payments collected.
Respondent Carter did not protect and promote the interest of the
Complainants as described above.
Respondent Carter’s conduct constitutes improper dealing.
Because of Respondent Carter’s conduct, he is unworthy or incompetent
to act as a real estate salesperson in such a manner as to safeguard the
interests of the public.
A Recovery Fund Hearing was
held. Respondent Carter was ordered
to pay Complainants $4,150.00 within thirty (30) days.
Stephen Fraine,
Salesperson, Paragould, AR:
In Formal Hearing # 3060 the Commission ordered that “…Respondent
Fraine will have a letter of reprimand placed in his license file, and he is
hereby placed on probation for a period concurrent with the remaining balance of
his court probation. If there is a
non-technical violation of his probation, a hearing will be held before this
Commission to consider revocation and/or additional penalties.”
The Commission found Respondent Stephen Fraine guilty of violating
Arkansas Code Annotated §17-42-311(a)(3).
Brandon C. Leuck,
Associate Broker, C-21 Reed-Whatley-Moore, El Dorado, AR:
In Formal Hearing # 3061 the Commission ordered that “…Respondent
Brandon C. Leuck’s license be revoked, and if he should ever apply for another
license, he must receive the approval of the Arkansas Real Estate Commission.
Respondent Leuck is also fined $1,000.00 per violation, for a total of
$6,000.00 to be paid within thirty (30) days.”
The Commission found Respondent Brandon C. Leuck guilty of violating
Commission Regulations 8.5(a), 10.7(a)(7) and Arkansas Code Annotated §
17-42-311(a)(4), § 17-42-311(a)(7), § 17-42-311(a)(11), and §
17-42-311(a)(13).
Respondent Leuck did not protect and promote Complainants’ interest.
Respondent Leuck represented to Complainants that the transaction was
going to close and received $13,000 cash from Complainants to close the
transaction, knowing that the transaction could not be closed without the
Seller’s brother’s signature. Respondent
did not disclose the title issue to the Complainants.
Respondent delivered to Complainants a forged Warrant Deed for the
property dated September 19, 2007 that appeared to be signed by the Seller
that Complainants relied on to obtain financing to improve the property.
Respondent Leuck did not immediately deliver to his Principal Broker the
$13,000 cash collected from Complainants.
Respondent Leuck made substantial misrepresentations to Complainants.
Respondent Leuck committed acts involving fraud, dishonesty,
untruthfulness, and untrustworthiness. Respondent
delivered a Warranty Deed to Complainants, knowing that the Seller had not
executed the Warranty Deed. Respondent
represented that the Complainants transaction would close and collected $13,000
cash to close, knowing that there was no closing scheduled.
Because of Respondent Leuck’s conduct, he is unworthy and incompetent
to act as real estate broker in such a manner as to safeguard the interest of
the public.
Respondent Leuck’s conduct constitutes improper, fraudulent, and
dishonest dealings.
Kendra Etherton,
Salesperson and Ward Jones, Principal Broker, Siloam
Springs, AR:
By Consent Order, in Formal Hearing # 3065 the Commission ordered that
“…Respondents Principal Broker Jones and Salesperson Etherton shall each
receive a letter of reprimand to be placed in their license files and each pay a
$250 penalty to the Arkansas Real Estate Commission, within 90 days of the date
of this Order.”
The Commission found Respondent Principal Broker Jones guilty of
violating Arkansas Code Annotated § 17-42-311(a)(12) and § 17-42-310(c).
The Commission found Respondent Etherton guilty of violating Commission
Regulation 6.3(b).
Respondent Principal Broker Jones paid commissions to Respondent Etherton
for real estate activities performed while her salesperson license was expired.
Respondent Principal Broker Jones did not insure that Respondent
Etherton’s 2008 salesperson license was received and conspicuously displayed
in his place of business.
Respondent Etherton practiced as a real estate salesperson from January
to June 6, 2008 while her license was expired.
Clovis
Kyle Satterfield, Salesperson, Little Rock, AR:
By Consent Order, in Formal Hearing # 3067 the Commission ordered that
“…Respondent Satterfield’s real estate salesperson license is hereby
revoked.”
The Commission found Respondent Satterfield guilty of violating Arkansas
Code Annotated § 17-42-311(a)(3), §
17-42-311(a)(13) and § 17-42-311(a)(11).
Respondent’s plea of guilty to a felony prohibits Respondent from
holding a salesperson license.
Respondent’s conviction and conduct constitute improper, fraudulent and
dishonest dealing.
Respondent is unworthy to act a real estate salesperson in such a manner
as to safeguard the interest of the public because of his conviction.
Stacy Strother, Salesperson, Little Rock,
AR:
In formal Hearing # 3062 the Commission ordered to “...revoke
Respondent Strother’s license.” The
Commission found Respondent Strother guilty of violating Arkansas Code Annotated
§ 17-42-311(a)(3) and § 17-42-311(a)(13).
Respondent’s plea of guilty to a felony prohibits Respondent from
holding a salesperson license.
Respondent’s conduct constitutes improper, fraudulent and dishonest
dealing.
Alain
Henrard, Salesperson, Rogers, AR:
In Formal Hearing # 3066 the Commission ordered that “…Alain Henrard
be placed on probation for a period of twelve (12) months and a Letter of
Reprimand be placed in his license file, and that his request to apply for
broker’s license is denied.”
The Commission found Respondent Henrard guilty of violating Commission
Regulation 10.16(C), and, Arkansas Code Annotated § 17-42-311(a)(1), §
17-42-311(a)(3), and § 17-42-311(a)(13).
Respondent did not furnish a written report and required documentation
concerning his conviction at that time of applying for a Salesperson and Broker
license.
Respondent obtained a real estate salesperson license by concealing the
fact that he had a previous conviction.
Respondent was convicted of a crime involving moral turpitude, fraud,
dishonesty, and untrustworthiness.
Respondent’s negative responses to question number 5 on the Salesperson
and Broker applications for real estate licensure constitute improper and
dishonest conduct.
Patsy
Stephens, Salesperson, Rogers, AR: In Formal Hearing #
3063 the Commission voted that “…Respondent Patsy Stephens be allowed to
keep here license, and that she be on probation for a period of three (3)
years.”
Wayne
Watkins, Expired Broker License, Hardy,
AR:
In Formal Hearing # 3071 the Commission voted to “…revoke Respondent
Wayne Watkins’ real estate license and that he is fined $3,000.00 due and
payable to the Arkansas Real Estate Commission within thirty (30) days.”
The Commission found Respondent Watkins guilty of violating §
17-42-311(a)(4), 17-42-311(a)(7), 17-42-311(a)(11), and 17-42-311(a)(13).
Respondent Watkins committed acts involving fraud, dishonesty,
untruthfulness, & untrustworthiness.
Respondent Watkins made substantial misrepresentations to the
Complainants when he told them he would issue a warranty deed at a time when the
property had been foreclosed and sold to a third party.
Respondent Watkins’ conduct constitutes improper, fraudulent, and
dishonest dealing.
Because of Respondent Watkins’ conduct Respondent is unworthy and
incompetent to act as a real estate broker in such a manner as to safeguard the
interest of the public.
A Recovery Fund Hearing was held. Respondent Watkins is ordered to pay $11,495.25 to Complainants in a period not to exceed thirty (30) days.
The Commission found Respondent Hall of violating Arkansas Code Annotated § 17-42-311(a)(3).
Respondent Hall’s conviction is a crime involving a felony conviction, which is a ground for disciplinary action.
Erick
Martin, Salesperson,
“It is further ordered that the Commission shall retain jurisdiction of this matter for purposes of implementing and enforcing this Consent Order, and that Respondent’s failure to comply with any provision herein shall constitute a violation of a Commission order pursuant to A.C.A. § 17-42-311(a)(2) for which the Commission may impose disciplinary action upon that Respondent.”
The Commission found Respondent guilty of violating Arkansas Code Annotated § 17-42-311(a)(11) & (13).
Respondent entered Complainant’s unoccupied home that was listed, and was video taped searching through “private areas” without complainant’s knowledge or authorization.
Respondent’s conduct described above constitutes improper conduct. Because of Respondent’s conduct described above he is unworthy to act as a real estate salesperson in such a manner as to safeguard the interest of the public.
Brandy Thomas, Salesperson, Little Rock, AR: By Consent Order, In Formal Hearing # 3050 the Commission ordered that “…Respondent Brandy Thomas shall receive a Letter of Reprimand to be placed in her license file, pay a $500 penalty to the Arkansas Real Estate Commission, and complete (six) 6 classroom hours of real estate education, approved in advance by Executive Director. Said education shall be in addition to the annual Continuing Education requirement. The $500 penalty and six (6) classroom hours of real estate education shall be completed within 90 days of the date of this Order. Respondent shall be placed on probation for one (1) year from the date of this Order.”
“It is Further Ordered that the Commission shall retain jurisdiction of this matter for purposes of implementing and enforcing this Consent Order, and that Respondent’s failure to comply with any provision herein shall constitute a violation of a Commission order pursuant to Arkansas Code Annotated § 17-42-311(a)(2) for which the Commission may impose disciplinary action upon that Respondent.”
The Commission found Respondent Brandy Thomas guilty of violating Commission Regulations 8.5(a) and 10.1(b), and Arkansas Code Annotated § 17-42-311(a)(13).
Respondent Thomas engaged in real estate activities independent of her principal broker. Respondent prepared and presented the February 28, 2007 VA real estate contract without Complainant’s permission or knowledge. Respondent attempted to have the February 28, 2007 VA contract transferred to her new firm without Complainant’s knowledge or permission. Respondent signed the February 28, 2007 VA contract as “Principal Broker or Authorized Signature” without Complainant’s permission or knowledge.
Respondent did not protect and promote the interest of Buyer. Respondent instructed Buyer to sign the March 6, 2007 VA contract identifying Respondent’s new real estate firm as the Selling firm, knowing that the February 28, 2007 VA contract signed by Buyer, identifying Complainant’s real estate firm as the Selling firm had previously been accepted by VA and that the Exclusive Buyer Agency Agreement between Buyer and Complainant’s firm was in force.
Respondent’s activities as described above constitute improper dealings.
Matthew J. Riordan.
Salesperson, Re/Max Affiliates,
The Commission found Respondent Riordan guilty of violating Commission Regulations 8.4, 8.5(a), 10.1(b), 10.11, 10.13(a), and Arkansas Code Annotated § 17-42-311(a)(13).
Respondent did not disclose his agency relationship in the “Standard Real Estate Purchase and Sale Agreement.”
Respondent did not protect and promote the Complainants interest. Respondent negotiated a short sale on behalf of Complainant, knowing that Complainant had executed an Exclusive Right to Sell Agreement with McKimmey Associates Realtors without advising Complainant to consult with an Attorney concerning his contractual responsibilities.
Respondent prepared the “Standard Real Estate Purchase and Sale Agreement” and attempted to negotiate a short sale with Complainant independent of his Principal Broker.
Respondent did not disclose in writing The Real Estate Contract, or any other document, that the buyers, the Respondent and Virgil Brown held real estate licenses.
Respondent did not contact Broker Averitt or any one with the listing firm McKimmey Associates Realtors, to obtain prior permission to negotiate a short sale with Complainant. Respondent did not present the offer signed by Buyer, on the contract “Standard Real Estate Purchase and Sale Agreement” or the offer Respondent prepared as Buyer on the Re/Max Realty Real Estate Contract, to the listing firm McKimmey Associates Realtors.
Respondent’s conduct constitutes improper dealings.
A Recovery Fund Hearing was held. Respondent was ordered to pay Complainant $500 within 30 days of this Order.
Francis
O’Brien, Salesperson, Daniel Platt, Principal Broker,
The Commission found Respondent O’Brien guilty of violating Commission Regulation 8.5(a).
Respondent O’Brien did not protect and promote the interest of his Client Complainants. He did not determine whether Tract V had been surveyed and that the rear property line marked, as required by the Real Estate Contract. He did not verify the location of Tract V to ensure that the property Complainant viewed and the property on which the perk test was conducted was Tract V.
The Commission voted that “…Respondent Platt pay a fine of $200 to
the Arkansas Real Estate Commission. A
letter of reprimand will be placed in Respondent Platt’s license file.
If Respondent Platt returns to
The Commission found Respondent Platt guilty of violating Commission 10.4(d)(2).
Respondent Principal Broker Platt did not ensure that the closing was conducted in accordance with the agreement of the Complainants and Sellers. The Real Estate Contract required that “A new certified survey, in a form satisfactory to Buyer, certified to Buyer within (30) days prior to closing by a registered land surveyor, will be provided and paid for by the Seller”, and stated “Show Property Line on Rear of Property.” No new survey was ordered or provided nor was the property line marked.
A Recovery Fund Hearing was held. Respondent O’Brien was order to pay Complainants $1,300 in a period not to exceed thirty (30) days.
Charles M. Stout,
Broker,
It is further ordered that the Commission shall retain jurisdiction of this matter for purposes of implementing and enforcing this Consent Order, and that Respondent’s failure to comply with any provision herein shall constitute a violation of a Commission order pursuant to ACA § 17-42-311(a)(2) for which the Commission may impose disciplinary action upon that Respondent.
The Commission found Respondent Stout guilty of violating Arkansas Code Annotated § 17-42-311(a)(7) and § 17-42-311(a)(13).
Respondent committed acts, which involve moral turpitude. Respondent did not make written report to the Commission of his plea of nolo contendere within thirty days. Respondent negative response on the 2008 online renewal application, “Have you been convicted or plead guilty or nolo contendere to any crime other than a traffic violation that you have not reported to AREC as required by Regulation 10.16?”
Dale Murphy, Principal Broker and Danny Mays, Salesperson, Hanco and Company Real Estate, Cherokee Village, AR: In Formal Hearing # 3057 the Commission voted that “…Respondent Murphy’s Arkansas Real Estate Broker’s License be revoked and a penalty assessed of $1,000, payable within thirty (30) days.” The Commission voted that “…Respondent Mays’ Arkansas Real Estate Sales License be suspended for a period of two (2) years. If Respondent Mays desires to reinstate, he must have a management plan that is agreed to by the principal broker and must be approved
by the Executive Director. Respondent Mays is prohibited from having a broker’s license for a period of five (5) years.
The Commission found Respondent Murphy guilty of violating Commission Regulations 8.5(a), 10.4(b), 10.8(g)(2) and ACA § 17-42-311(a)(6) and § 17-42-311(a)(13).
The Commission found Respondent Mays guilty of violating Commission Regulations 8.5(a), 10.8(g)(2) and 10.8(g)(3) and ACA § 17-42-311(a)(6) and § 17-42-311(a)(13).
Respondents did not protect & promote the interest of Complainant. Respondents did not provide Complainant an accounting for security deposits & rents received & expenses paid or any account balance concerning Complainants property.
Respondents did not remit or account for $2,500 sent by Complainant to Respondent Mays to cover the cost of the Landscaping job to Complainant’s property.
Respondent Murphy did not exercise strict supervision of Respondent Mays property management activities.
Respondent Murphy & Respondent Mays did not insure that Hanco & Company Rentals Escrow account bank statements were reconciled in writing monthly & balanced to the total amount of trust funds deposited in the account which had not been disbursed.
Respondent Mays refused to cooperate & provide sufficient accounting and bank records to Commission Investigator for the Complainant’s property and to complete an office examination.
Respondents conduct as described above constitute improper dealing.
A Recovery Fund Hearing was held. Respondent Murphy was ordered to pay $4,259.70 to Complainant in a period not to exceed thirty (30) days. Respondent Mays was ordered to pay $1,064.92 to Complainant in a period not to exceed thirty (30) days.
The Commission found Respondent Foster guilty of
violating Arkansas Code Annotated § 17-42-311(a)(3) & (7).
Respondent Foster’s prior conviction is a crime
involving a felony conviction and a crime involving moral turpitude, which
prohibits Respondent from holding a salesperson license.
Larry Vise,
Salesperson, Rainbow Realty, Hot Springs, AR:
By Consent Order, In Formal Hearing # 3034 the Commission ordered that
“…Respondent Larry Vise shall receive a Letter of Reprimand to be placed in
his license file, pay a $500.00 penalty to the Arkansas Real Estate Commission,
and complete six (6) classroom hours of real education, approved in advance by
the Executive Director within sixty (60) days of the date of this Order.
Said education shall be in addition to the Continuing Education
requirement.”
The Commission found Respondent Larry Vise guilty of
violating Arkansas Code Annotated § 17-42-311(a)(13) and Commission Regulation
10.16.
Respondent Vise was convicted of or plead guilty to
crimes, but did not make a written report to the Commission within 30 days after
each conviction or plea. Respondent’s
conduct constitutes improper and dishonest dealings.
Mark Burrier,
Salesperson, C-21 Dunaway and Hart, Inc., Conway, AR:
By Consent Order, In Formal Hearing # 3045 the Commission ordered that
“…Respondent Mark Burrier shall receive a Letter of Reprimand to be placed
in his license file, pay a $500 penalty to the Arkansas Real Estate Commission,
and complete six (6) classroom hours of real estate education, approved in
advance by the Executive Director within 60 days of the date of this Order.
Said education shall be in addition to the Continuing Education
requirement.”
The Commission found Respondent Mark Burrier guilty
of violating Arkansas Code Annotated § 17-42-311(a)(13) and Commission
Regulation 10.1(b).
Respondent Burrier engaged in real estate activities
independent of his principal broker, Mitchell Hart, C-21 Dunaway and Hart, Inc.
Respondent’s conduct constitutes improper and dishonest dealings.
Bryan E. Wilkerson,
Principal Broker, Wilkerson Capital Realty,
The Commission found Respondent Bryan E. Wilkerson
guilty of violating Arkansas Code Annotated § 17-42-311(a)(10), and Commission
Regulations 10.7(b)(3) & 10.10(a).
Respondent Wilkerson did not see that Complainants received
a copy of the signed listing agreement.
Respondent Wilkerson represented Complainants’
house as sold on his website and that Complainants saved $7,056.40, which was
false and misleading.
Respondent Wilkerson did not make his transaction
records and files in this matter available to AREC Investigator.
A Recovery Fund was held.
Respondent was ordered to pay Complainants $500.
Jack
T. Fryer, Salesperson, Dan Robinson & Associates, Inc.,
The Commission found Respondent Jack T. Fryer guilty
of violating Commission Regulation 10.16(a).
Respondent Fryer failed to make a written report to
the Commission within 30 days after the conviction.
Paul K. Amponsah,
Principal Broker, Access Realty, Little Rock, AR:
In Formal Hearing # 3044 the Commission ordered that “…Respondent
Amponsah be assessed a $1,000.00 fine to be paid to the Arkansas Real Estate
Commission, and his license be suspended for sixty (60) days.
Respondent Amponsah’s license shall be placed under probation for a
period of five (5) years. Should the
Commission find Respondent Amponsah guilty of any violation of this
Commission’s rules and regulations within this probationary period Respondent
Amponsah’s license shall be immediately revoked.”
The Commission found Respondent Paul K. Amponsah
guilty of violating Commission Regulations 8.5(a) and 10.10(a), and, Arkansas
Code Annotated § 17-42-311(a)(13).
Respondent Amponsah did not protect and promote the
Complainant’s interest. Respondent did not insure that Complainant’s
payments to the seller were being used to pay the monthly note payments, taxes
and insurance. Respondent did not
request or receive written verification from the seller that payments were being
made to the lender.
Respondent did not see that the exact agreements of
the parties were reduced to writing and that the Complainant received a signed
copy of the Early Occupancy Addendum with changes made by Respondent.
The March 5, 2004 Real Estate Contract reflected that the closing date
was 5/31/2004 but the March 4, 2004 Early Occupancy Addendum stated that the
closing date was 6/30/2004. Changes
to The Early Occupancy Addendum in paragraph 11, were not initialed by the
Complainant. The Complainant did not
receive a copy of the Early Occupancy Addendum with the changes to paragraph 11,
made by Respondent. The Early
Occupancy Addendum reflected that Complainant had deposited additional earnest
money in the amount of $5,000, which was not collected by Respondent and that
$1,000 had been deposited as earnest money, which was not collected by
Respondent, contrary to the March 5 Real Estate Contract.
The Early Occupancy Addendum did not identify where the additional funds
were being held. The Early Occupancy
Addendum stated that “this is a lease to purchase agreement”, however no
terms or conditions regarding the lease purchase, other than in the Early
Occupancy Addendum were reduced to writing in a separate agreement.
A Recovery Fund Hearing was held.
Complainant’s Recovery Fund request was denied.
Patricia Travis,
Inactive Salesperson, Conway, AR: In Formal Hearing # 3047 the
Commission voted to “…revoke Respondent Patricia Travis’ license.”
The Commission found Respondent Travis guilty of
violating Commission Regulations 9.2(b) and 10.16(b).
Respondent Travis did not file a written answer to a
complaint filed with the Arkansas Real Estate Commission.
Respondent Travis did not make a written report to the
Arkansas Real Estate Commission within thirty (30) days of the revocation of her
residential contractor license.
Formal
Hearing Decisions that have been appealed are not listed.
Nancy R. Chandler, Salesperson, and Bob
J. Cotnam, Principal Broker, Hot Springs, AR: In
Formal Hearing # 3026 the Commission ordered that “…Respondent Nancy R.
Chandler is to pay a fine of $250.00 and also complete a minimum of twelve (12)
hours of education, to include misrepresentation and other topics pertaining to
this matter as determined by the Executive Director, and those educational hours
will not qualify as continuing education or for the scholarship fund.
The time for completing these hours will be determined by the Executive
Director.”
The Commission found Respondent Chandler guilty of violating Arkansas
Code Annotated § 17-42-311(a)(4).
Respondent
The Commission ordered that “…Respondent Bob J. Cotnam is to pay a
fine of $250.00 and also complete a minimum of twelve (12) hours of buyer’s
representation education, to be approved by the Executive Director, and it will
not qualify as continuing education nor for the scholarship fund.
The time for completing these hours will be determined by the Executive
Director.”
The Commission found Respondent Cotnam guilty of violating Commission
Regulation 8.5(a).
Respondent Cotnam did not
protect and promote the interest of his client Complainant.
Respondent knew Complainant was basing her offer price on the total
square footage of the house and did not verify or living area of the property
was 1,568 sq. ft, as represented in the MLS and other information received by
Complainant and Respondent Cotnam,
prior to Complainant’s purchase of the house.
A Recovery Fund Hearing
was held. The Commission denied
Complainant’s claim.
B.J.
Woolverton, Principal Broker, Carolyn Woolverton,
Salesperson, and Jamie Ashley, Salesperson, Hot Springs,
AR. In Formal Hearing #
3028 the Commission ordered “…Respondent
B.J. Woolverton to take twelve (12) hours of education related to agency
representation and disclosure. The
course work must be pre-approved by the Executive Director.
These additional required hours will not count toward the respondent’s
annual continuing education. Also,
scholarships will not be available for these hours.”
The Commission found Respondent B.J. Woolverton guilty of violating
Commission Regulation 8.5(a).
The Commission ordered “…Respondent Carolyn Woolverton to take six
(6) hours of education related to agency representation and disclosure.
The course work must be pre-approved by the Executive Director.
These additional required hours will not count toward the respondent’s
annual continuing education. Also,
scholarships will not be available for these hours.”
The Commission found Respondent Carolyn Woolverton guilty of violating
Commission Regulation 8.5(a).
Respondents Woolverton as Dual
Agents did not protect and promote the interest of Complainant.
Respondents Woolverton did not advise Complainant that they did not own
the unit at the time Respondents entered into the December 7, 2005 Real Estate
Contract with Complainant and that the transaction with Complainant was
conditioned on Respondents Woolverton closing their transaction with Seller, who
Respondents had a real estate contract with to purchase the unit.
The Commission ordered
“…Respondent Jamie Ashley to take six (6) hours of education related
to agency representation and disclosure. The
course work must be pre-approved by the Executive Director.
These additional required hours will not count toward the respondent’s
annual continuing education. Also,
scholarships will not be available for these hours.”
The Commission found Respondent
Jamie Ashley guilty of violating Commission Regulation 8.5(a).
Respondent Ashley did not protect and promote the interest of her client
Complainant. Respondent knew that
the Complainant was purchasing the unit for “income property” but did not
inquire or investigate with the Property Owners Association, or Respondents
Woolverton, whether there were restrictions or whether the unit could be rented.
Respondent Ashley did not determine whether the unit had been previously
rented, even though she knew Complainant was looking for “income property”
and assumed Respondents Woolverton owned and had rented the unit.
Ronald Hager, Principal Broker, Siloam Springs,
AR: By Consent Order, In
Formal Hearing # 3031 the Commission ordered that “…Respondent
Ronald Hager shall receive a Letter of Reprimand to be placed in his
license file, pay a $150 penalty to the Arkansas Real Estate Commission within
30 days of the date of this Order, and remit only certified funds to the
Commission for payment of any fees.”
“It is Further Ordered that Commission staff will conduct an office
examination at Respondent’s real estate office every six (6) months for two
(2) years from the date of this Order.”
The Commission found Respondent Ronald Hager guilty of violating Arkansas
Code Annotated § 17-42-311(a)(13) and § 17-42-312(a)(4), and Commission
Regulation 7.3(a) and 10.7(c).
Respondent Hager failed to make good check # 12684 dated 12-26-2006, in
the amount of $100 tendered to the Arkansas Real Estate Commission to renew his
2007 Broker license. Respondent’s
conduct constitutes improper, fraudulent, and dishonest dealings.
Respondent failed to maintain a
place of business and display a real estate sign. Respondent
ceased to do business and to maintain an office and failed to notify the
Commission of the address and phone number of the place where the trust account
and transaction records are being maintained.
John
F. Richards, Principal Broker,
The Commission found Respondent Richards guilty of violating Commission
Regulations 8.5(a), 9.2(b), 10.7(b)(3), 10.8(g)(3); and Arkansas Code Annotated
§ 17-42-311(a)(6).
Respondent Richards failed to protect and promote the interest of his
clients, Complainants. Respondent
collected rent and security deposits on behalf of Complainants, but failed to
account for or remit said funds to Complainants.
Respondent failed to provide an accounting and copies of leases as
requested by Complainants.
Respondent collected rents and security deposits for Complainant’s
property, but failed within a reasonable time to account for or to remit said
rents or security deposits to Complainants.
Respondent did not make the property management records and trust account
records and bank statements for Fidelity Realty Company, Inc.,
A Recovery Fund Hearing was
held. The Commission found that
“…as a result of the proven violations that Respondent Richards is ordered
to pay $990.00 to Complainants in a period not to exceed thirty (30) days.
If the Respondent fails to make such payment, payment will be made
through the Recovery Fund.”
William (Bill) Fisher, Principal Broker,
The Commission found Respondent Fisher guilty of violating Commission
Regulations 8.5(a), 9.2(b), 10.7(b)(3), 10.7(c), 10.8(b), and Arkansas Code
Annotated § 17-42-311(a)(6).
Respondent failed to protect and promote the interest of his clients,
Complainants. Respondent collected
rent and security deposit on behalf of Complainants but failed to account for or
remit said funds to Complainants.
As set forth above, Respondent collected rent and security deposit for
Complainants’ property, but failed within a reasonable time to account for or
to remit said rent or security deposit to Complainants.
Respondent commingled Complainants’ rent and security deposit collected
with his personal funds. Respondent
collected rent and security deposit while managing Complainants’ property and
used said funds for his own personal use.
As set forth above, Respondent closed his real estate office without
notifying the Arkansas Real Estate Commission in writing of the address and
phone number of the place where the trust account and transaction records are
being maintained.
As set forth above, Respondent did not file a written answer to the
complaint filed by the above referenced Complainants.
Respondent Fisher failed to make the property management records and bank
statements for Fisher Realty,
A Recovery Fund
Hearing was held. The Commission
found that “…as a result of the proven violation, that Respondent Fisher is
ordered to pay Complainants $655.00; and that the Respondent has thirty (30)
days to make that payment. If at
such time the Respondent has failed to pay the Complainant, that the Recovery
Fund pay Complainants the amount of 655.00.”
Randall
D. Worlow, Principal Broker and Kelly Horne,
Salesperson, Henderson, AR: In
Formal Hearing # 3030 the Commission ordered
“…Respondent Worlow
and Respondent Horne pay a
$1,000.00 fine each to the Arkansas Real Estate Commission and that both
Respondent Worlow’s and Respondent Horne’s licenses be suspended for sixty
(60) days, with the time of the suspension to be determined by the Executive
Director when an active principal broker can be put in place.”
The Commission found Respondent Worlow guilty of violating Commission
Regulation 8.5(a) and Arkansas Code Annotated § 17-42-311(a)(13).
The Commission found Respondent Horne guilty of violating Commission
Regulation 8.5(a) and Arkansas Code Annotated § 17-42-311(a)(13).
Respondents Worlow and
Horne did not protect and promote the interest of Complainant.
Respondents knew Complainant was interested in purchasing property in the
area, and had specifically inquired about the property near the boat dock and
asked Respondent Horne to research ownership to determine if it was for sale.
Knowing that Complainant had expressed an interest in the property,
Respondents did not contact Complainant, to see if he wanted to purchase the
property from the Seller, but purchased the property themselves.
Respondents Worlow’s and Horne’s conduct described above constitutes improper dealing.
Formal
Hearing Decisions that have been
appealed are not listed.
Cynthia
E. Hamilton, Executive Broker,
The Commission found Respondent Hamilton guilty of violating Commission Regulation 8.5(a) and Arkansas Code Annotated § 17-42-311(a) (13).
Respondent
Respondent Hamilton allowed the buyers to take possession
of the property for the purported purpose of storing their personal belongings
pending closing and did not explain to the buyers, that unless the Seller agreed
to occupancy in writing, the Addendum referenced prohibited occupancy until
after closing, that the Seller could declare the buyers in default of the
Contract, and that the buyers could lose their earnest money and rights to
improvements to the property. Respondent’s
conduct constitutes improper dealing.
After the parties’ transaction failed to close on July 16
and the buyers refused to extend the closing date in order to buy other
property, Respondent failed to notify her client of the buyer’s intent and the
fact that the buyers were in possession of and living on the property.
Respondent
A Recovery Fund Hearing was held pursuant to Arkansas Code Annotated § 17-42-401 et seq. The Commission ordered Respondent Hamilton to pay Complainant $1,802.09 in damages within thirty (30) days of the date of the Order. (7/14/2006)
Robert Mathis, Principal Broker, Bella Vista, AR and Arthur R. Brunje, Salesperson, Bella Vista, AR: By Consent Order, Formal hearing # 3018 the Commission ordered that “…Respondent Robert Mathis shall within six months of the date of this Consent Order, complete a six (6) hour Real Estate Contracts Course, and pay $500 penalty to the Arkansas Real Estate Commission to be received on or before 30 days after the date of this Order.” (8/14/2006)
“It is further ordered that a Letter of Reprimand be issued to Respondent Mathis and placed in his license file.”
“It is further ordered that a Letter of Reprimand be issued to Respondent Arthur R. Brunje and placed in his license file.”
The Commission found Respondent Mathis guilty of violating Commission Regulation 8.5(a).
Respondent Mathis did not protect or promote the interest of his client, or deal honestly with the Complainants, the buyers. Knowing that the Seller intended to remove the water softener system from the property, Respondent Mathis failed to cause the Seller to delete the water softener system from the contract, and that system was included in the contract for the sale of the property. Notwithstanding the fact that the contract included the water softener system in the equipment that was included in the purchase price, his client removed the water softener system when vacating the property, and the Complainants failed to receive the water softener system.
The Commission found Respondent Brunje guilty of violating Commission Regulation 8.5(a).
Respondent Brunje did not promote the interest of his clients. When Respondent Brunje learned from Complainants, that the Seller intended to remove the water softener system, Respondent Brunje contacted Respondent Mathis who indicated he would “take care of it”. Respondent Brunje did nothing else, prior to closing, to protect the interest of his clients, the Complainants, by documenting that the water softener system would remain in place and be conveyed with the property.
Jenny J. Veltens,
Principal Broker,
The Commission found Respondent Jenny Veltens guilty of violating Arkansas Code Annotated § 17-42-311(a) (13).
Respondent Veltens listed the property in the MLS marketing system which she knew would be viewed by other licensees, and placed a photograph of property in the MLS system other than that of the property listed; she failed to disclose in the MLS that she had been unable to determine the exact location of the lot, that the photograph was not a depiction of the lot listed, and did not reasonably disclose that the buyer must determine the location of the lot at his own risk. Respondent’s conduct constitutes improper dealing.
The Commission ordered that “Respondent Carrie Tucker take 18 hours of continuing education to be approved by the Executive Director of the Commission; that those hours are not to be used to accomplish any continuing education requirements. The Commission also orders Respondent Tucker to pay a $500.00 fine to the Arkansas Real Estate Commission.”
The Commission found Respondent Carrie L. Tucker guilty of violating Commission Regulation 8.5(a).
Respondent Tucker did not protect and promote the interest of her client Complainant. Respondent unreasonably relied upon a sign leaning against a mail box post in concluding she had located the listed property.
Respondent did not obtain a plat or existing survey prior to closing to verify the exact location of the property. Respondent did not reasonably inform Complainant that she was buying the property at her own risk or that she should condition her offer upon a survey or other verification that the property that she had viewed was in fact that listed for sale.
David W. Barth, Principal Broker, Fairfield Bay/Shirley, AR: In formal Hearing # 3020 the Commission ordered that “...Respondent Barth’s license be revoked immediately. The Commission voted that Respondent Barth pay a fine of $1,000.00 per charge, for a total of $9,000.00.” The Commission found Respondent Barth guilty of violating Arkansas Code Annotated § 17-42-311(a) (6) and Commission Regulations 10.7(c), 9.2(b), and 10.8(g) (1).
Respondent Barth collected rents, utility payments, and a security deposit for Complainants’ property, but failed within a reasonable time to account for or to remit said rents, utility payments, or security deposit to Complainants.
Respondent Barth closed Complainants’ transaction but failed within a reasonable time to account for or to remit to the Complainants all of their proceeds from their sale to Buyer.
Respondent Barth did not deposit the $500.00 earnest money tendered by Buyer into a trust account.
Respondent closed his real estate office without notifying the Arkansas Real Estate Commission in writing of the address and phone number of the place where the trust account and transaction records are being maintained.
A Recovery Fund Hearing was held pursuant to Arkansas Code
Annotated § 17-42-401 et seq.
Respondent Barth was ordered to pay five (5) Complainants a total of $19,929.70 within thirty (30) days.
William (Bill) Fisher, Principal Broker, Jacksonville, AR: In Formal Hearing # 3023 the Commission ordered that “Respondent Fisher’s license be revoked, and that a $1,000.00 fine for each of the 16 violations be assessed against Respondent Fisher, for a total of $16,000.00, and that the matter be referred to the local prosecuting attorney for investigation.”
The Commission found Respondent William Fisher guilty of violating Commission Regulations 8.5(a), 9.2(b), 10.7(b)(3), 10.7(c), 10.8(b), and Arkansas Code Annotated § 17-42-311(a)(6).
Respondent Fisher failed to protect and promote the interest of his clients. Respondent collected rent and security deposits on behalf of Complainant but failed to account for or remit said funds to Complainant.
Respondent commingled Complainant’s rents and security deposits collected with his personal funds. Respondent collected rent and security deposits while managing Complainant’s properties and used said funds for his own personal use.
Respondent further charged Complainant for repairs that either were not completed or were not paid for. Respondent closed his real estate office without notifying the Arkansas Real Estate Commission in writing of the address and phone number of the place where the trust account and transaction records are being maintained.
The Commission found Ms. Hemmer of violating Arkansas Code Annotated § 17-42-311(a)(13), and Commission Regulations 8.5(a), 10.4(b), 10.4(d)(2).
Respondent Hemmer, as Principal Broker allowed Respondent Over to sign the listing agreement with Seller as the assigned associate to the listing, conduct the real estate auction and received compensation for selling Seller’s real estate at auction, when she knew or should have known that Respondent Over did not hold a current salesperson license with her firm.
Respondent Hemmer failed to ensure that the real estate closing conducted on behalf of Complainant was conducted in accordance with the terms of the parties’ agreement. Although the seller’s listing agreement required seller to pay a 6% commission and the parties’ real estate contract did not provide for buyer to pay a commission or buyer’s premium of any amount, the July 21, 2003 Settlement Statement charged Complainant with a $13,900 commission and failed to charge any commission to the seller.
Respondent Hemmer, as principal broker and agent for both buyer and seller, knew or should have known that Complainant had tendered a $13,900 check to Respondent Over following the auction, but failed to supervise Respondent Over by requiring him to deliver the check or proceeds thereof to her to be deposited into Respondent Hemmer’s trust account as required by Commission Regulation 10.7(a) (1).
After Complainant’s attorney notified Respondent Hemmer of the unauthorized $13,900 commission erroneously charged to Complainant at closing, Respondent took no action to cause Complainant to be paid the balance of the unauthorized commission charge remaining after seller paid to Complainant the seller’s 6% commission.
The
Commission ordered that “…Respondent Charles (
The Commission found Respondent Over of violating Arkansas Code Annotated § 17-42-311(a)(6) and Commission Regulation 6.3(b).
Respondent Over practiced real estate while holding an expired real estate license.
Respondent Over failed to account for or remit funds in his possession that belonged to Complainant. Respondent Over received Seller’s $13,900 payment, 10% of the purchase price, on her purchase of the subject property. Thereafter, after receiving notice that Complainant had erroneously been charged a 10% commission at closing, he failed to remit or account to Complainant within a reasonable time for the balance of that charge, after seller had paid her 6% commission to Complainant.
The Commission found Respondent Harris guilty of violating Commission Regulation 10.16(b).
Respondent Harris did not make a written report to the Arkansas Real
Estate Commission of the sanctions of the Arkansas Appraiser Licensing and
Certification Board that found Respondent Harris had violated certain
The Commission ordered that “…Respondent Summers shall pay to the Commission, within ten (10) days of the date of the Order, a monetary penalty of $3,500.” That “…Respondent Summers’ real estate license shall be on probation for a period of 24 months immediately following the date of the Order.” That “…during the two years immediately following the date of this Order, Respondent shall not be licensed as a real estate broker.” And, that “…Respondent shall provide a copy of this Order to her principal broker within three days of the date of this Order and to any other principal broker with whom Respondent may be affiliated, within three days after becoming affiliated with that principal broker, during the two years immediately following the date of this Order.”
The Commission found Ms. Summers guilty of violating Arkansas Code Annotated § 17-42-311(a) (3) and Commission Regulation 10.16.
Respondent’s guilty plea to and convictions of violations of Arkansas Hot Check Law as set forth in the order are convictions of a crime involving moral turpitude, fraud, dishonesty, untruthfulness, or untrustworthiness.
Respondent Summers did not notify the Arkansas Real Estate Commission of the convictions set forth in the order.
Respondent’s plea of nolo contendre to violation of Arkansas Hot Check Law as set forth in the order constitutes a conviction of a crime involving moral turpitude, fraud, dishonesty, untruthfulness, or untrustworthiness.
The Commission found Mr. Watkins guilty of violating Arkansas Code Annotated § 17-42-311(a)(2) and Commission Regulation 7.5(c), 8.1, 8.3, 8.5(a), 10.7(c), 10.9(d), 10.10(c), 10.16(a).
Respondent Watkins did not protect and promote the interest of his client/Complainant. Respondent delivered the warranty deed executed by Complainant to buyer when he knew that the conditions for delivery of the deeds stated in the April 2001 Escrow Agreement had not occurred.
Respondent failed to provide the buyer written notice of his agency relationship with Complainant or, if dual agency existed, he failed to make disclosure in writing to both the Complainant and buyer and obtain their written consent to such dual representation.
Respondent did not report his criminal conviction of August 15, 2001 in State v. Watkins, Independence County Circuit Court, Case No. CR. 2001-210, Respondent entered a guilty plea to obstructing governmental operations, a Class C misdemeanor.
Respondent closed his real estate office in 2004, but did not notify the Commission of the address and phone number of the place where he was to maintain his firm’s real estate records.
Upon closing his real estate office, Respondent failed to return to the Commission all the licenses and pocket cards issued to him as principal broker.
Respondent used listing agreements and real estate contracts that had not
been approved by an
Respondent disbursed the earnest money on Complainant’s contract to himself after Complainant failed to close on that contract. Respondent’s disbursement of the earnest money to himself was not authorized in writing by the parties. Respondent did not provide written notice of that disbursement of the earnest money to all parties to the transaction.
license file. Furthermore, Respondent White is ordered to pay a fine of $500.00 to the Arkansas Real Estate Commission within thirty (30) days of receipt of the written Order in this matter. Prior to such time as Respondent White attempts to renew or activate her license, Respondent White is ordered to attend an 18-hour salesperson course, approved by Commission’s Executive Director, and Respondent White will not be eligible for scholarship for that course.”
Ms. White failed to protect and promote the interests of her clients, the Complainants. After Complainants told Ms. White they needed property for a commercial use, Ms. White did not determine whether the property was appropriately zoned for her clients’ intended commercial use, inquire whether her clients had done so, or include conditions in the contract that required the appropriate commercial zoning classification for the property. Ms. White relied on the erroneous information contained in the MLS printout stating that the property was commercial land and had commercial potential when; in fact, the property was zoned for residential use.
The Commission found Mr. Wingfield guilty of violating Arkansas Code Annotated § 17-42-311(a)(3).
The following information is extracted from Findings of
Fact, Conclusions of Law and Order which were issued for Hearings conducted by
the Commission from November 2004 through April 2005. Formal Hearing Decisions
that have been appealed are not listed.
The Commission found
Mr. Stotlar guilty of violating Arkansas Code Annotated §17-42-311 (a)(4) &
(11) and Commission Regulations 8.5 (a), 10.1 (b), 10.7 (a)(1), 10.10 (a) and
10.12 (b).
Respondent Stotlar
failed to see that all agreements of the parties were in writing and that signed
copies of the agreements were delivered to the Complainants. The agreement by
the builder to purchase the property of Complainants was not reduced to writing.
Complainants did not receive a signed copy of the August 27, 1999 Real Estate
Contract. The verbal agreement to void the contingency in the August 27, 1999
Real Estate Contract was not reduced to writing.
He failed to sign the August 27, 1999 Real Estate Contract as Selling
Agent.
He engaged in real
estate activity independent of his Principal Broker. He failed to present the
August 27, 1999 Real Estate Contract to his Principal Broker or provide notice
thereof.
Mr.
Stotlar failed to deliver Complainants’ earnest money to his Principal Broker,
to cause said earnest money to be deposited into his broker’s trust account,
or otherwise be deposited in escrow pursuant to his broker’s instructions.
Respondent Stotlar made
substantial misrepresentations to Complainants. Respondent represented to
Complainants that the builder was an experienced and competent builder and that
Respondent had no interest or relationship with the builder.
Respondent knew that the builder had some experience in construction and
that the builder relied on Respondent to oversee the construction of
Respondent’s and other clients’ homes, and Respondent had a verbal agreement
with the builder to share the profits from the construction of Complainants’
and others homes.
In another complaint Mr. Stotlar did not protect and promote the
interest of the Complainants by not recording or advising Complainants to record
with the Faulkner County Clerk the Note and Mortgage in the amount of $40,563.65
which was executed at the July 10, 2000 closing of
He failed to see that all
agreements of the parties were in writing. The agreement between the builder and
Complainants that the excess funds received by the builder in the amount of
$40,563.65 were to be used to complete the construction of Complainants house on
Mr. Stotlar made
substantial misrepresentations to Complainants. He represented to Complainants
that he had no interest or relationship with the builder and that the builder
was an experienced home builder when Respondent Stotlar knew that the builder
had only been in the construction business part time and held a full time job in
addition to the construction company and that the builder relied on Respondent
to oversee the construction of Respondents’ home and others.
A Recovery Fund Hearing
was held. Pursuant to Arkansas Code Annotated §17-42-401 et seq., the
Commission ordered that Complainants were not entitled to any recovery from the
Recovery Fund.
The
following information is extracted from Findings of Fact, Conclusions of Law and
Order which was issued for Formal Hearing 2055 conducted by the Commission in
November 2002. This information did not appear in previous issues of this
newsletter because the Respondent filed
a Notice of Appeal and Petition for Judicial Review to the Circuit Court of
Pulaski County, Arkansas. By Order dated November 5, 2004, the Circuit Judge
dismissed the Appeal and Petition for Judicial Review and affirmed the
Commission’s Findings of Fact, Conclusions of Law, and Order dated December 2,
2002.
Mary L. Gruber,
Salesperson, Little Rock: In Formal Hearing
#2055 the Commissioners voted that “…Respondent Mary L. Gruber be issued a
Letter of Reprimand to be placed in her license file, and that she is required
to take the 30-hour broker course… That course is to be completed within six
(6) months of the date of the hearing (11/18/2002). Respondent Gruber is
to pay a fine of $500.00 within thirty (30) days of receipt of notice of this
hearing decision.”
The
Commission found Ms. Gruber guilty of violating Commission Regulation 8.5 (a).
Ms. Gruber did not protect and promote the interests of her client Complainant (Seller) as follows:
1)
She did not include any provision in either of the counter offers to
Buyers 1 or Buyers 2 to protect Complainant (Seller) from having both buyers
accept the respective counteroffers with the result that Complainant would have
two real estate contracts to sell her property to the two different buyers.
2)
She faxed the Complainant’s counteroffer for Buyer 2 to the selling
agent Principal Broker when she knew that Buyers 1 had verbally accepted their
counteroffer and without notifying Complainant of that verbal acceptance or
addressing with the Complainant whether to withdraw or modify her counteroffer
to Buyer 2.
3)
She failed to take reasonable action to withdraw Complainant’s
counteroffer to Buyer 2 by delivering notice of Buyer 2’s withdrawal to
Principal Broker prior to Buyer 2’s acceptance of that counteroffer being
communicated to Respondent Gruber.
Danny
L. Perryman, Salesperson, and Barbara J. Perryman, Principal Broker, Viola: In
Formal Hearing #2074 the Commissioners voted that “…Respondent Danny
Perryman and Respondent Barbara Perryman shall both have a Letter of Reprimand
placed in their license files. Respondent Danny Perryman is ordered to attend an
eighteen (18) hour salesperson course…within six (6) months after receipt of
the Commission’s Order in this matter (05/03/04), and shall not be
eligible for a scholarship for that course. Respondent Barbara Perryman is
ordered to attend a thirty (30) hour brokers course…within six (6) months
after receipt of the Commission’s Order in this proceeding (05/03/04),
and shall not be eligible for a scholarship for that course.”
The
Commission found Mr. Perryman guilty of violating Commission Regulations 10.10
(a) and 10.11.
Danny
Perryman, on behalf of Perryman Realty, entered into a verbal trade agreement
with Complainant and did not reduce the agreement to writing.
Mr.
Perryman did not disclose in writing to Complainant that he had an ownership
interest in Perryman Realty that owned the real property that Complainant was
purchasing.
The
Commission found Mrs. Perryman guilty of violating Commission Regulations 10.10
(a) and 10.11.
Barbara
Perryman failed to reduce to writing the verbal agreement between Perryman
Realty and Complainant to trade properties and failed to cause Danny Perryman to
do so.
Mrs.
Perryman did not disclose in writing to Complainant that she had an ownership
interest in the corporation that owned the real property the Complainant was
purchasing.
A
Recovery Fund Hearing was held. Pursuant to Arkansas Code Annotated §17-42-401
et seq., the Commission found that Complainant was not entitled to damages.
Kerrie
O. Joiner, Salesperson, and Alvin D. Clay, Principal Broker, Little Rock:
In Formal Hearing #2075 by Consent Order the Commissioners ordered that
“…Respondent Joiner shall receive a Letter of Reprimand to be placed in her
license file…”
The
Commissioners ordered that “…Respondent Clay shall successfully complete
twelve (12) hours of broker post-license education within six (6) months of the
date of this order (6/16/04). The course cannot be used to meet the
continuing education requirement and does not qualify for scholarship funds.”
The
Commissioners further ordered that Respondents, jointly and severally, shall pay
$500.00 to the Complainant.
Joe
M. Jones, Principal Broker, Searcy:
In Formal Hearing #2080 by Consent Order the Commissioners ordered that
“…Respondent shall successfully complete six-hour real estate post-license
courses in “From Contract to Closing,” and “Real Estate Contracts,”…within
six (6) months of the date of this order (9/13/04). The courses cannot be
used to meet the continuing education requirement and do not qualify for
scholarship funds.”
Patricia
L. Joyner, Principal Broker, Little Rock: In
Formal Hearing #2081 by Consent Order the Commissioners ordered that “…within
six (6) months of the date of this order (9/13/04) Respondent shall
successfully complete the following six-hour real estate courses, “Buyer
Representation in Real Estate,” and “Risk Management,”… Neither of these
courses can be used to meet the continuing education to renew respondent’s
license…and neither shall qualify for scholarship funds.”
David
A. Goff, Principal Broker, Rogers:
In Formal Hearing #2085 the Commissioners ordered that “…David A.
Goff’s broker’s license be suspended immediately. Respondent Goff is
furthered ordered to pay the $1,500.00 fine imposed in AREC Formal Hearing
#2072, the $25.00 cost for the insufficient check received by the Commission on
June 24, 2004, and the expense of this Hearing, as determined by the Commission’s
Executive Director, with that expense not to exceed $500.00, with the total to
be paid within one (1) year of the date of this Order (9/21/04).
Furthermore, once Respondent Goff complies with the foregoing conditions, he may
apply only for an Associate Broker’s license. Respondent Goff must serve in
that capacity for a period of not less than one (1) year before he will be
permitted to reapply for the Executive or Principal Broker license.”
The
Commission found Mr. Goff guilty of violating Arkansas Code Annotated
§17-42-311 (a)(2) & (7).
Mr.
Goff violated the Commission’s Order in Formal Hearing #2072 by failing to pay
the $1,500.00 fine within six (6) months of the date of the final Order.
Mr.
Goff’s conduct in issuing check number 1132 dated May 18, 2004, which was
returned as insufficient, and failing to pay said check upon notification of its
return constitutes conduct involving fraud, dishonesty, untruthfulness and
untrustworthiness.
Richard
L. Dacus, Salesperson, Fayetteville/Lowell: In
Formal Hearing #2084 the Commissioners voted unanimously “…that Richard L.
Dacus’ real estate license be revoked immediately, and that he be fined
$2,000.00, payable to the Arkansas Real Estate Commission, within 60 days from
the date of this Order (11/1/04).”
The
Commission found Mr. Dacus guilty of violating Arkansas Code Annotated
§17-42-311 (a)(7) and Commission Regulations 8.5 (a) and 10.1 (b).
Mr. Dacus
engaged in real estate activities independently without permission from
Principal Brokers Lindsey and Wilkins. He listed Complainant’s business on
2/7/03 but did not advise Principal Broker Lindsey, his broker at the time of
the listing, that he had listed the property nor did he advise Principal Broker
Wilkins of the listing when he transferred to Global Network Realty on March 14,
2003.
He did not protect and promote the interest of the Complainants. He did not disclose to Complainants when listing their business that the listing would not be with Lindsey & Associates but with Global Network Realty and would not be entered in the MLS or Lindsey & Associates inventory of listings.
Mr.
Dacus committed deceit in making representations to a seller of a business and
had judgment rendered against him based upon said deceit as set forth
above.
Top of Page
Sharon
L. Stewart, Principal Broker; Gary G. Stewart, Principal Broker; John C. Moshier,
Salesperson; Wally S. Stone, Salesperson; Tracy L. Moore, Salesperson; Chad J.
Hicks, Salesperson; Mary E. Barton, Salesperson; Cory G. Stewart, Salesperson;
Brian J. Hicks, Salesperson; and; Estate of Donald Dunn, Salesperson; Hot
Springs:
Formal Hearing #2036 was held in October, November and December 2001 but was
appealed by the Respondents. The Commission’s decision was recently upheld. In
Formal Hearing #2036 the Commission ordered that the licenses of the above
referenced individuals be revoked immediately and ordered fines assessed against
the individuals as follows:
Sharon
L. Stewart: $96,000.00; Gary G. Stewart: $83,000.00; John C. Moshier: $100,500.00; Wally S. Stone: $30,000.00; Tracy L. Moore: $4,000.00; Chad J. Hicks:
$26,500.00; Mary E. Barton: $4,000.00;
Cory G. Stewart: $11,500.00;
Brian J. Hicks: $29,000.00; The
Estate of Donald Dunn: $21,500.00.
In Formal Hearing 2036, involving seventy-five complaining parties, the Commission found the licensees guilty of violations of the following:
Sharon
L. Stewart: Arkansas Code Annotated §17-42-311(a)(11) & (13)
and Regulations 8.5(a) & (c), 9.2(b), and 10.7(a)(2).
Gary
G. Stewart: Arkansas Code Annotated §17-42-311(a)(5), (7), (10), (11)
& (13) and Regulations 8.5(a) & (c), 9.2(b), and 10.7(a)(2).
As Principal Brokers of ERA Stewarts Realty,
Inc., Respondents permitted and participated in a pattern and practice of
representing, directly or indirectly through designating the listing price in
listing agreements, to property owners that individual licensees or ERA Stewarts
Realty, Inc. could or could reasonably expect to sell the owners’ property at
a price substantially in excess of the reasonable market value when the
individual Respondent making said representation knew or should have known that
he/she or ERA Stewarts Realty, Inc. could not reasonably expect to sell the
subject property for or near the price represented to the owner. Respondents did
not determine reasonable market values for listed properties or advise their
clients, the Complainants, of such. The purpose of Respondents Sharon and Gary
Stewart permitting other Respondents to make such representations and for their
doing so was to persuade property owners to list their property with and/or pay
advance fees to ERA Stewarts Realty, Inc. Respondents Sharon and Gary Stewart
accepted compensation from fees paid by Complainants without providing or
causing other Respondents to provide written notice to the Complainants that
they and other licensees of ERA Stewarts Realty, Inc. would be accepting such
compensation. Respondents Sharon and Gary Stewart did not deposit advance fees
paid by Complainants into their trust account. Respondents Sharon and Gary
Stewart permitted other Respondents to represent and personally represented to
property owners that their firm would perform certain services or cause certain
services to be performed to facilitate the sales of the owner’s property when
their firm did not always perform or cause said services to be performed as
represented. Respondent Sharon Stewart did not notify certain Complainants that
ERA Stewarts Realty, Inc. was closing its business and did not inform the
Complainants about the status of their listing agreements. Respondent Gary
Stewart represented to certain Complainants that ERA Stewarts Realty, Inc. had
no up-front fee which was false and known to Respondent to be false because
Respondent’s office generally charged an advance fee upon listing properties.
John
C. Moshier: Arkansas Code Annotated §17-42-311(a)(4), (5), (7), (11)
& (13) and Regulations 8.5(a) & (c), 9.2(b), 10.1, and 10.7(a)(1).
Wally
S. Stone: Arkansas Code Annotated §17-42-311(a)(5), (7), (11) &
(13) and Regulation 8.5(a).
Brian
J. Hicks: Arkansas Code Annotated §17-42-311(a)(5), (7), (11) &
(13) and Regulations 8.5(a) & (c) & 9.2(b).
Chad
J. Hicks: Arkansas Code Annotated §17-42-311(a)(4), (5), (7), (11)
& (13) and Regulations 8.5(a) & (c) and 9.2(b).
Donald
Dunn: Arkansas Code Annotated §17-42-311(a)(7), (11) & (13)
and Regulations 8.5(a) & (c) and 9.2(b).
Respondents
engaged in a pattern and practice of conduct in violation of the Arkansas Real
Estate License Law and Commission Regulations. Respondents represented to
prospective clients that ERA Stewarts Realty, Inc. could reasonably expect to
sell the clients’ properties at listed prices; said prices were substantially
in excess of the reasonable market values at which said properties could be
sold. Respondents knew or should have known that the properties could not
reasonably be expected to sell at or near the listing prices but did not attempt
to determine the reasonable market value of said properties and/or advise their
clients of said values. Respondents engaged in said pattern and practice of
conduct in order to persuade the prospective clients to pay advance fees from
which ERA Stewarts Realty, Inc. paid Respondents’ salary, commissions or other
compensation. Respondents represented to certain Complainants that ERA Stewarts
Realty, Inc. would perform services which were never performed. While acting as
agent for certain Complainants, Respondents accepted all or part of advance fees
paid by the Complainants as compensation without full disclosure in writing to
the Complainants that the Respondents and their Principal Broker’s firm
received such compensation. Respondent Moshier collected an advance fee of
$500.00 from a Complainant and did not present the funds to his Principal Broker
for deposit into the broker’s trust account. Because ERA Stewarts Realty, Inc.
and Principal Broker of said firm had no knowledge of this listing agreement
Respondent Moshier acted independently of his Principal Broker.
Tracy
L. Moore: Arkansas Code Annotated §17-42-311(a)(7) & (11) and
Regulation 8.5(a).
Mary
E. Barton: Arkansas Code Annotated §17-42-311(a)(7) & (11) and
Regulations 8.5(a) & (c) and 9.2(b).
Cory
G. Stewart: Arkansas Code Annotated §17-42-311(a)(5), (7) & (11) and
Regulations 8.5(a) & (c) and 9.2(b).
Respondents
represented to certain Complainants that ERA Stewarts Realty, Inc. could
reasonably expect to be able to sell their properties for or near listing prices
which Respondents knew or should have known were substantially in excess of the
reasonable market value and that their firm could not reasonably expect to sell
said properties for or near those amounts. Respondents knew or should have known
that the properties could not reasonably be expected to sell at or near the
listing prices but did not attempt to determine the reasonable market value of
said properties and/or advise their clients of said values. Respondents made
said representation in order to persuade Complainants to list their property
with and/or pay advance fees to the Respondents’ firm. While acting as agent
for the Complainants, Respondents Barton and Cory Stewart accepted all or part
of a lot clearing fee paid by the Complainants as compensation without full
disclosure in writing to the Complainants that the Respondents and their
Principal Broker’s firm received such compensation.
Recovery Fund Hearings were held. Pursuant to Arkansas Code Annotated §17-42-401 et seq., the Commission ordered the above referenced individuals to pay seventy-four Complainants damages totaling $47,053.00. Top of Page
Roma Isom, Salesperson, and Gerry
Nash, Principal Broker, Little Rock: In Formal Hearing #2069 the Commissioners voted that “…Respondent
Roma Isom will receive a Letter of Reprimand placed in his license file.
Respondent Isom will be required to take the 18-hour Salesperson Course with
emphasis on contracts, with the approval of the Executive Director of the
Arkansas Real Estate Commission, and the course is to be completed within six
(6) months of the date of this Order (8-25-03). In addition, Respondent
Isom shall pay a fine of $1,000.00 also payable within six (6) months of
the date of this Order. Respondent Gerry Nash will receive a Letter of Reprimand
placed in her license file. Respondent Nash will be required to complete the
30-hour Broker Course with emphasis on contracts. Said course with the approval
of the Executive Director of the Arkansas Real Estate Commission, and the course
is to be completed within six (6) months of the date of this Order (8-25-03).”
The Commission found Mr. Isom guilty of violating
Arkansas Code Annotated §17-42-311 (a)(13) and Commission Regulations 8.5 (a)
and 10.10 (a).
Mr. Isom did not provide Complainant with copies
of the following contracts: 1) May 30, 2002 Real Estate Contract; 2) June 1,
2002 Addendum; 3) June 17, 2002 Inspection, Repair and Survey Addendum; and 4)
May 30, 2002 Back Up Real Estate Contract.
He did not protect and promote the interest of
Complainant as follows: 1) He did not include in the May 30, 2002 Real Estate
Contract a contingency that the Program Administrator for the Pulaski County
Public Facilities Board’s Lease/Purchase Program had to review and approve the
purchase contract to ensure it meets the program guidelines and that the Program
Administrator had to approve the property as satisfactory for the Lease Purchase
Program after required repairs or Complainant could not participate in the
program and purchase the property.
Mr. Isom signed Complainant’s name as Buyer on
the following documents without her oral or written permission: 1) June 1, 2002
Addendum; 2) June 17, 2002 Inspection, Repair and Survey Addendum; 3) May 30,
2002 Back Up Real Estate Contract; 4) Respondent Isom did not advise Complainant
that Seller had refused to repair certain items found by the home inspection.
He did not present a copy of the Inspection, Repair and Survey Addendum
signed by Seller Hudspeth to Complainant for her consideration; 5) He did not
advise Complainant that the Pulaski County Public Facilities Board had decided
not to purchase the property and denied Complainant’s Lease/Purchase Program
request; and 6) Mr. Isom did not advise Complainant that the May 30, 2002 Real
Estate Contract had expired and that he had prepared and presented a Back Up
Real Estate Contract to the Seller.
The
Commission found Ms. Nash guilty of violating Commission Regulation 10.4 (b).
Ms. Nash as Principal Broker did not exercise
strict supervision of the real estate activities of Respondent Isom in this
transaction. Ms. Nash reviewed and signed the June 1, 2002 Addendum to the May
30, 2002 Real Estate Contract knowing that the transaction was contingent on
approval by the Program Administrator of the Pulaski County Public Facilities
Board but did not instruct Respondent Isom to include a contingency in the Real
Estate Contract that accurately stated the requirements and status of the
above-referenced financing program in regard to Complainant’s offer on the
subject property.
Judy B. Gerber, Executive
Broker, Conway: In Formal Hearing #2071 by Consent Order the Commissioners
ordered that “…Respondent Judy B. Gerber shall successfully complete a six
hour real estate broker course in contracts, approved in advance by the
Commission’s Executive Director, within six (6) months of the date of this
Order (10-13-03).”
David
A. Goff, Salesperson, Bentonville: In
Formal Hearing #2072 the Commissioners ordered that “…Respondent David Goff
is to receive a Letter of Reprimand in his license file. Respondent Goff is
required to take a 30-hour real estate Broker Course, said course with the
approval of the Executive Director of the Arkansas Real Estate Commission. Said
course is to be completed within six (6) months of the date of the Order
(10-20-03) with no eligibility for scholarship funds. Respondent Goff is ordered to pay a fine of $1,500.00,
payable within six (6) months of the date of the final Order.”
The
Commission found Mr. Goff guilty of violating Arkansas Code Annotated §17-42-311
(a)(4) and Commission Regulations 8.4 and 8.5 (a).
Mr.
Goff’s conduct in inserting his own social security number on Complainant’s
April 5, 2002 electronic bid and submitting said bid to First Preston which
resulted in First Preston rejecting Complainant’s bid because of the wrong
social security number constitutes failure to promote his client’s interest.
Mr.
Goff submitted two electronic bids to HUD in which he represented that he had
received proper earnest money to hold on behalf of HUD and the April 8, 2002
Sales Contract in which he represented that the purchaser had paid $1,000.00
earnest money when in fact Respondent did not receive any earnest money from or
on behalf of the Complainant until on or after April 10, 2002. Mr. Goff’s
representations to HUD regarding receiving Complainant’s earnest money were
substantial misrepresentations pursuant to Arkansas Code Annotated §17-42-311
(a)(4).
Respondent
Goff did not disclose his agency relationship to Complainant in writing.
A
Recovery Fund Hearing was held. Pursuant to Arkansas Code Annotated §17-42-401
et seq., the Commission ordered Mr. Goff to pay the Complainant damages in the
amount of $90.00.
Barbara
Crook, Salesperson, Little Rock:
In Formal Hearing #2073 by Consent Order the Commissioners ordered that
“…Respondent shall successfully complete the six-hour real estate post
license course “From Contract to Closing,” approved in advance, in writing,
by the Commission’s Executive Director, within six (6) months of the date of
this order (1/12/04). The course cannot be used to meet the continuing education
requirement and does not qualify for scholarship funds.”
Joyce
L. Goodman, Principal Broker, Corning:
In Formal Hearing #2076 the Commissioners ordered that “…a letter of
reprimand be placed in Respondent Goodman’s file; and that she shall not
conduct any property management during the period of probation…until that
probation has ended. Respondent Goodman is ordered to pay a fine of $500.00 to
the Commission within thirty (30) days of her receipt of this Order. Respondent
Goodman is ordered to attend an Executive Director approved 30-hour broker
course within six (6) months of the date of this Order (1/28/04) and Respondent
Goodman is not eligible for a scholarship.”
The
Commission found Ms. Goodman guilty of violating Arkansas Code Annotated §17-42-311(a)(3).
Ms.
Goodman was convicted of a crime involving fraud.
Barbara Perryman, Principal Broker, and Danny Perryman, Salesperson, Viola: In Formal Hearing #2039 by Consent Order it was ordered that “…Respondents Barbara and Danny Perryman shall comply with the following provisions in their practice regarding auctions of real property for two (2) years from this date (4/22/03).
I. Definitions.
a. Absolute Auction means an auction where the real
property is sold to the highest qualified bidder with no minimum bid or limiting
conditions. The seller may not bid personally or through an agent. Also known as
an auction without reserve.
b. Auction with Reserve means an auction of real
property in which the seller or his agent reserves the right to establish a
disclosed or undisclosed minimum bid, to accept or reject any and all bids and
to withdraw the property at any time prior to the completion of the sale by the
auctioneer. Also known as reserve auction.
II. Nature of Auction.
a. An auction shall be with reserve, unless the
property is offered without reserve using explicit terms such as “absolute”
or “without reserve.” In an auction with reserve, the auctioneer may
withdraw the property at any time until he announces completion of the auction.
In an auction without reserve, the auctioneer calls for bids on a property, that
property cannot be withdrawn unless no bid is made within a reasonable time.
b. The auctioneer shall have a written agreement with
the owner stating the parties’ agreement regarding the terms and conditions of
the auction including whether the auction will be an absolute auction or auction
with reserve.
III. Auctioneer/seller bidding or purchasing
auctioned property.
a. Written agreement.
The auctioneer shall not bid or permit others to bid
on his behalf on the real property or otherwise purchase the property unless he
has a written agreement with the owner permitting the auctioneer to bid on or
purchase the subject property at the auction.
b. Auctioneer bidding.
The auctioneer shall not bid or otherwise purchase a
property being auctioned, or permit others to do so on his behalf, unless he has
disclosed that he may bid or may purchase the property as provided therein.
c. Seller bidding.
(1) In an absolute auction, the auctioneer shall not
knowingly permit the seller or others on the seller’s behalf to bid on the
seller’s property being auctioned.
(2) In a reserve auction, the auctioneer shall not
knowingly permit the seller or others on the seller’s behalf to bid on the
seller’s property being auctioned, unless the auctioneer has disclosed that
the seller or others on the seller’s behalf may bid on the property being
auctioned as provided herein.
d. Notices.
(1) In order for the auctioneer or seller to bid or
purchase the subject property as provided herein, the auctioneer shall cause any
advertisement or other notice of an auction, whether in written, printed or
electronic form, published or otherwise distributed or made available to the
public or possible bidders, prior to or at the auction to include notice that
the auctioneer and/or the seller, or others on their behalf, may bid or may
purchase property being auctioned. Said notice shall be of such size, format,
location and displayed so as to reasonably assure that this notice is
communicated to those reading the notice or attending the auction.
(2) Immediately prior to opening the bidding on the
subject property, the auctioneer shall announce if the seller and/or auctioneer
or others on their behalf may bid on or purchase the property being auctioned.
Should the auctioneer or seller, or anyone on behalf of either the seller or
auctioneer, purchase the property being auctioned, the auctioneer shall announce
the identity of the purchaser of the property when he announces completion of
the auction of that property.
e. The auctioneer or others on his behalf cannot bid
on or purchase the property being auctioned, and the auctioneer shall not
knowingly accept a bid from the seller or others on the seller’s behalf,
unless all disclosures have been provided as set forth herein.
It is further ordered that Respondents Danny Perryman
and Barbara Perryman shall pay a monetary penalty in the amount of $500.00 to
the Commission within thirty days of the date of this Consent Order (4/22/03).
It is furthered ordered that letters of reprimand shall be issued to Respondent Danny Perryman and Respondent Barbara Perryman.” Top of Page
Christy Davis, Salesperson, Cabot: In Formal Hearing #2063 by Consent Order the Commissioners ordered that “…Respondent Christy Davis shall successfully complete an eighteen (18) hour real estate salesperson course, approved in advance by the Commission’s Executive Director, within six (6) months of the date of this Order. The above course required for the Respondent shall be in addition to the annual continuing education hours required to renew a license…and shall not be eligible for any scholarship from the Commission for said course.”
Rita Smith, Principal Broker, Stuttgart: In Formal Hearing #2064 the Commissioners ordered that “…Respondent Rita Smith be required to take a 30-hour broker course with emphasis on property management; said class to be approved by the Executive Director of the Commission, and to be completed within six (6) months of the date of this Order. A Letter of Reprimand will be placed in Respondent Rita Smith’s license file. Respondent Rita Smith will pay a penalty of $500.00 payable within thirty (30) days of the date of this Order.”
The Commission found Ms. Smith guilty of violating Arkansas Code Annotated §17-42-311 (a)(6) & (13) and Commission Regulations 8.5 (c), 10.8 (b) and 10.10 (a).
Ms. Smith did not have a written agreement signed by the parties regarding her management of Complainant’s rental properties. She charged Complainant a $400.00 fee for having supervised the repair of damage to the utility room in Complainant’s property without any prior agreement with Complainant.
Ms. Smith did not cause rental income and other funds belonging to clients to be deposited into a designated trust account. She caused said funds to be deposited into Wallace Real Estate Rental Account and Wallace Real Estate Maintenance Account, neither of which was designated as a trust or escrow account.
While acting as agent for Complainant, she received compensation in connection with her management of Complainant’s property without full written disclosure to Complainant. Ms. Smith did not disclose in writing that she was part owner of R & S Service and would receive valuable consideration as a result of R & S doing maintenance work to Complainant’s and other clients’ properties that she was managing.
She did not account for or remit funds to Complainant. She did not provide copies of invoices requested by Complainant to account for repair expenses made by Respondent from insurance proceeds used by Respondent to repair a laundry room in Complainant’s property.
Ms. Smith’s failure to notify the housing authority of a tenant’s change in apartments and that he was sharing an apartment with another person, and her acceptance of the rental subsidies for tenant for November 2001 through March 2001.
A Recovery Fund Hearing was held. Pursuant to Arkansas Code Annotated §17-42-401 et seq., the Commission ordered Ms. Smith to pay the Complainant damages in the amount of $1,630.10.