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.
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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