 Mike Cassidy, OREC Chairman
Welcome to first electronic edition of the Oklahoma Real Estate Commission's official newsletter, Commission Comment. As you might recall, last year you received your final hard copy of our newsletter. After a brief hiatus to move toward a digital platform, we are here to provide you with the latest news from the OREC.
As Chairman of the Commission, I have very much enjoyed working with the Oklahoma Association of REALTORS® (OAR) on task forces to address variety of real estate issues. The industry has been benefitting from the hard work of one of these task forces since November 1 of last year, when the new Broker Relationships Law went into effect. The industry will also benefit on September 12, when many of the rules proposed by the joint Continuing Education Task Force take effect. These task forces have also worked on issues ranging from the branch office managing broker requirement to records retention for real estate offices. OAR and OREC working together make our industry even stronger, and I appreciate the hard work of their officers and volunteers.
On a personal note, I am happy to welcome our new Commissioners, Steve Oliver of Claremore and Theresa Stewart Smith of Ada. Also, congratulations to Commissioner Julie Tetsworth of Tulsa, who was officially confirmed by the Senate after being appointed last year by Governor Fallin to fill a vacated term on the Commission. While we are excited about moving forward with new Commissioners, it's bittersweet to say farewell to two people who have served for years and have frequently gone beyond the call of duty for the real estate industry in Oklahoma. It was a privilege to serve with Commissioners Charlie Barnes and Martin Van Meter, and we owe them both a big "thank you" for everything they've done for our industry.
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New Rules Effective September 12, 2014
OREC's proposed administrative rules for 2014 were approved by declaration of Governor Mary Fallin on June 19. Although the rules were originally drafted to go into effect on July 1, they will now go into effect on September 12.
For a brief review, here are a few highlights of the new rules:
- Licensees will now be required to take at least one hour each in six required topics, with the remainder being made up in elective hours. The required topics will be Broker Relationships Act, Fair Housing, Professional Conduct, Current Issue or “hot” topic and two new required topics: Contracts and Forms and Code and Rules. These new requirements will NOT apply to any licensee who has completed the continuing education for the current license term prior to June 30, 2014, or to any licensee who renews prior to the effective date of September 12.
- Another change in education deals with out-of-state licensees. Beginning September 12, every non-resident licensee will be required to take Oklahoma-specific classes each license term, regardless of the education they’ve had in their home state. These new required courses include Oklahoma-specific Contract and Forms, Code and Rules and Broker Relationships Act.
You can view a complete copy of the rule changes by clicking here.
As part of the original proposal, the new rules were to include an update to the Residential Property Condition Disclosure Form. These changes included reformatting the form to make it more user-friendly, and an additional question pertaining to leases on the property. Unfortunately, during the reformatting process, some important information was left off the form. OREC has withdrawn the proposed form, and the current form will stay in effect until the next round of rule changes with an anticipated effective date of July 1, 2015.
The following courses will be offered by OREC across the state at the same times, on the dates and locations listed below. These seminars are presented at no charge to Oklahoma licensees and are underwritten by the Oklahoma Real Estate Education and Recovery Fund. Pre-enrollment is not required.
9:00 AM - 12:00 PM
The Prohibited Acts - How to Lose Your License
(HOT Category) (3 hours)
Presented live by Sherry Kueffler - OREC Chief Investigator
Lack of knowledge of the Code and Rules will not keep a licensee out of trouble, and this class is designed to explain the prohibited acts in detail. Sherry will present some real life situations that the Commission has investigated, and she will discuss some of the repercussions that licensees have faced.
1:00 PM - 4:00 PM
Everything You Want to Know About Contracts
(CON Category) (3 Hours)
Presented live by Terry Pufahl - Broker and Contract Committee Member
The essence of a licensee’s job is to assist with the writing of contracts, and unfortunately many licensees do not have a solid understanding of contracts. This class is designed to explain the OREC standard contracts and forms in detail and answer the everyday questions that licensees have.
July 17, 2014
Enid, OK
Autry Technology Center
1201 W Willow Rd
Room 22 - Lectorium
July 24, 2014
Pryor, OK
Northeast Technology Center
6195 W Highway 20
August 7, 2014
Bartlesville, OK
Tri-County Technology Center
6101 Nowata Rd
Cherokee Room
August 21, 2014
Burns Flat, OK
Western Technology Center
621 Sooner Dr
Seminar Center
September 11, 2014
Durant, OK
Kiamichi Technology Center
801 Waldron Rd
Seminar Center
To receive credit for the course you must be present at the beginning of the class and present the entire time. Workshops are subject to change without notice. No one under the age of 18 will be admitted.
New Commissioners Appointed by Governor
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Steve Oliver of Claremore will serve as the real estate school representative on the Commission, with a term beginning July 1, 2014 and ending June 30, 2018, replacing outgoing Commissioner Charles Barnes of Midwest City. He serves as director of the Oklahoma Real Estate Academy in Tulsa in addition to his work as a Coldwell Banker Select REALTOR®. He has served on the OAR Professional Development Committee as well as the OREC Education Advisory Committee. Oliver is also a member of the Metropolitan Tulsa Chamber of Commerce.
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Theresa Stewart Smith will serve as one of the five real estate brokers on the Commission, with a term beginning July 1, 2014 and ending June 30, 2018. She will replace Commissioner Martin Van Meter of Durant. A long-time resident of Ada, she works as a real estate broker-associate for Mary Terry and Associates and also owns the Stewart School of Real Estate, a professional development and educational organization for REALTORS® and licensees. She served as OAR president in 2005 and now sits on the board of directors. Smith is active in her local community, previously acting as Ada Chamber of Commerce director, Leadership Ada director and Ada Relay for Life team leader. |
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 Julie Tetsworth of Tulsa was confirmed by the State Senate this year, after being appointed by the Governor to fulfill a broker vacancy on the Commission in 2013. Her term will expire on June 30, 2016. Tetsworth, who has called Oklahoma home for 33 years, serves the state’s residential realty needs through her work at Coldwell Banker Select in Tulsa. She has held many positions, including current Northeast Oklahoma Real Estate Services (NORES) president, 2004 Oklahoma Certified Residential Specialists (CRS) president, two terms as CRS regional vice president, 2010 Greater Tulsa Association of REALTORS® (GTAR) treasurer, GTAR and NORES board of directors member and GTAR education committee member. In 2005, Tetsworth was awarded with Certified Residential Specialist of the Year in Oklahoma. She also received accolades for being the top Coldwell Banker Sales Associate for Oklahoma for four consecutive years, 2006-2009.
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 Rodger Erker of Tulsa was appointed to serve as a broker on the Commission in 2013, replacing Pete Galbraith of Tulsa. His term will expire on June 30, 2017. Erker is a broker manager with McGraw, REALTORS® and has been a trusted name in real estate for more than 40 years. He has held many positions, including 1994 Oklahoma Association of REALTORS® president, 1997 Oklahoma REALTOR® of the Year, 1989 and 2012 Greater Tulsa Association of REALTORS® president and 1996 National Association of REALTORS® regional vice president. In 2003, Erker was awarded an OAR Life Membership, which is awarded to Realtors who have been OAR members for more than 30 consecutive years and have greatly contributed to the real estate industry and their community. Erker previously served as a member of the Tulsa Preservation Commission, president of the Tulsa and Oklahoma Mental Health Associations and board member at Parkside Hospital. He currently serves as a national director of the American Diabetes Association Research Foundation board and is a former chair of the Tulsa Chapter of the American Diabetes Association.
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Thank You Commissioners Barnes and Van Meter
After lengthy terms on the Oklahoma Real Estate Commission, we are saying farewell to two Commissioners. Both terms ended on June 30, 2014.
 Charles Barnes of Midwest City served as the real estate school representative beginning on July 1, 2004. He entered the real estate business in 1971 and started the Charles Barnes School of Real Estate in 1978. He is a past director of the Midwest City-Del City-Moore Association of REALTORS® and past president of Realty World Brokers Council of Oklahoma. He is a former member of the Oklahoma Crime Commission and past director of the National Association of Review Appraisers. Barnes is an active member of the OREC Education Advisory Task Force, through which he will continue to share his vast knowledge and insight of the real estate education industry.
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 Martin Van Meter has served more than 15 years as an OREC broker representative, bringing 26 years of real estate experience with him when he was first appointed by Governor Frank Keating. Van Meter is a native of Calera and received an associate degree from Murray State College and Bachelor of Science degree from Oklahoma State University. He has been in the real estate industry since 1972. Van Meter served on the Murray State College Board of Regents for more than eight years before joining the OREC. In addition to his title of Real Estate Commissioner, he has worn several other hats during his tenure including that of business owner, Angus cattle rancher, world traveler and civic volunteer. As part of his service, he was actively involved in the Association of Real Estate Licensing Law Officials (ARELLO), serving on the Board of Directors. He will continue his hard work serving as a volunteer member of the OREC Contract Forms Committee.
Thank you to both outgoing Commissioners for your dedication and service to Oklahoma's real estate industry.
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OREC Transitions to New Licensing System
OREC is excited to announce that after extensive work, the new licensing system known as AMANDA will be implemented internally beginning August 1, 2014. This new licensing system will be available to the public in early Fall, allowing the agency to offer most services online to both licensees and applicants.
In order to transition to the new licensing system the OREC system will go down beginning at 4:30 pm central time on Friday, July 25, 2014. There will be NO online services available July 25 through August 1, 2014. This includes the online licensee and continuing education lookup as well as online license renewals. Those who are renewing during the month of July are strongly encouraged to submit renewals online prior to July 25th or mail in a paper form with your check or money order. Please note that if you submit your renewal by mail, the postmark will be the reference date for the renewal's submission. If a renewal is not postmarked during July, then the license will be considered lapsed and the licensee will have to submit the reinstatement paperwork, background check and additional fees.
It can be difficult and time consuming for any agency or business to change to a new database system. The OREC staff apologizes in advance for the inconvenience and appreciates your understanding and cooperation during this period. Please feel free to contact our office if you have any questions.
License History Requests Limited to 25 Years
Currently, when OREC receives a request for a license history, the information is available going back to the issuance date of the license. However, this results in OREC staff having to research through outdated systems, including microfiche and microfilm. This older technology is costly to maintain and in some instances, no longer supported. Beginning August 1, 2014 OREC will only maintain information on a license going back 25 years. Additionally, records for applicants who do not have a license issued will be maintained for three years, and education records and information will be maintained for seven years. Any information prior to these periods will not be available. If you would like to confirm your original licensure date, especially if it was more than 25 years ago, you must contact the Commission before August 1. Licensee information that is 25 years or older will not be transferred to the new system. Please feel free to contact the Commission office if you have any questions.
New OREC Office Hours
On July 1, 2014, the Commission changed it operating hours to 8:00 a.m. - 5:00 p.m., adding 30 minutes to the previous closing time.
June 2014
C-2013-009: Great Ideas Unlimited Incorporated and Ronald F. Kelley (BM) – Owasso
Great Ideas Unlimited Incorporated and Ronald F. Kelley were in violation of the following:
1. Title 59 O.S. §858-312, Subsection 8 and Rule 605:10-15-2(a)(1), as they failed to enter into an Exclusive Right to Sell Listing Agreement with the complainant.
2. Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(8), as they failed to provide an Estimated Net to Seller sheet to the complainant.
The Commission assessed Respondents Great Ideas Unlimited Incorporated and Ronald F. Kelley an administrative fine of $1,000.00, and ordered Respondent Kelley to attend and complete a 3-hour disciplinary continuing education class.
C-2013-044: Connie A. Sheets (SA) – Texhoma
Respondent was in violation of the following:
1. Title 59 O.S. §858-312, Subsection 15, as she pled Guilty to the crime of Obtaining Money or Property by False Pretense.
2. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-2(b), as she failed to submit a written response to the complaint.
The Commission assessed Respondent Sheets a Formal Reprimand.
March 2014
C-2012-050: The Leinbach Company, Edward B. Leinbach (BM), and Jaimie Lee Overton (SA) – Tulsa
The Leinbach Company and Edward B. Leinbach were in violation of the following:
1. Title 59 O.S. §858-312, Subsection 9, as they failed to properly supervise the activities of Respondent Jaimie Overton.
Respondent Jaimie Overton was in violation of the following:
2. Title 59 O.S. §858-312, Subsection 9, as she failed to submit a written response to the complaint within fifteen days of receipt of the complaint notice.
The Respondents consented to the joint payment of an administrative fine of $250.00 for The Leinbach Company and Edward Leinbach, and an administrative fine of $250.00 for Jamie Overton.
UC-2011-006: Bert Belanger (BA), UrbanWorks Incorporated, and Jay M. Crabb (BA) – Oklahoma City
Respondent Bert Belanger was in violation of the following: Title 59 O.S. §858-102, §858-301, and §858-401, as he engaged in licensable real estate activities while unlicensed.
Respondents UrbanWorks Incorporated and Jay Crabb were in violation of the following: Title 59 O.S. §858-312, Subsection 8 and 9, and Rule 605:10-17-4(21), as they failed to ensure that Respondent Belanger held an active real estate license prior to performing licensable real estate activities.
Respondent Belanger consented to the payment of an administrative fine of $19,173.92. Respondents UrbanWorks Incorporated and Jay Crabb consented to the issuance of a formal reprimand and the payment of an administrative fine of $1,000.00. Additionally, the Oklahoma real estate broker license of Respondent Crabb will be on probation for one (1) year.
C-2013-058: Robert Carlos Carnoske (SA) – Tulsa
Respondent Robert Carnoske was in violation of the following: Title 59 O.S. §858-312, Subsection 15, as he entered a plea of Guilty in the District Court of Tulsa County, Oklahoma to the charges of Driving Under the Influence and Unsafe Lane Use.
Respondent Carnoske consented to the payment of an administrative fine of Five Hundred Dollars ($500.00) and a letter of formal reprimand.
C-2013-083: Amy Louise Nolan (SA) – Claremore
Respondent Amy Nolan was in violation of the following:
1. Title 59 O.S. §858-301.2, as she failed to notify the Commission in writing within 30 days of the acceptance of her plea to a felony offense, and
2. Title 59 O.S. §858-312, Subsection 15, as she was convicted in Tulsa County District Court of Driving Under the Influence (DUI) – Second Offense.
Respondent Nolan consented to the payment of an administrative fine of $2,000.00.
November 2013
C-2012-045: John Henry Lazinsky (BA), and Paula Sue Jay (SA) – Warr Acres and Yukon
On September 5, 2013, the Hearing Examiner found Respondent John Lazinsky in violation of the following:
1. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-17-4(6), as he failed to properly supervise the activities of an associate.
Respondent Paula Jay was in violation of the following:
2. Title 59 O.S. §858-312, Subsections 6 and 8 and Rule 605:10-13-2(1,2), as she failed to provide copies of the executed Broker Relationship Disclosure and Confirmation and Acknowledgement of Disclosure to her broker.
The Commission assessed Respondent Lazinsky an administrative fine of $2,000.00, and closed the case against Respondent Jay with a letter of caution and disciplinary continuing education in Contracts. On March 13, 2014, the Commission revoked the Oklahoma real estate broker license of John Lazinsky for non-payment of his fine, which had doubled to $4,000.00.
C-2012-053: Brandylyn Ann Asher (SA) – Lawton
On September 5, 2013, the Hearing Examiner found Respondent Asher in violation of the following:
1. Title 59 O.S. §858-312, Subsections 8 and 23, and Rule 605:10-17-4(13), as she failed to provide a Residential Property Condition Disclosure Statement to the complainant upon the execution of the Contract for Deed;
2. Title 59 O.S. §858-312, Subsection 9, and Rule 605:10-9-4(c)(1), as she failed to disclose in writing on all documents pertaining to the transaction with the complainant that she was a licensed real estate sales associate;
3. Title 59 O.S. §858-312, Subsection 9, and Rule 605:10-9-4(c)(1), as she failed to include her license number on the Contract for Deed entered into with the complainant, and
4. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(9), as she failed to provide a written response to the Commission within fifteen (15) days of notification of the complaint.
The Commission assessed Respondent Asher an administrative fine of $750.00 for each violation, for a total of $3,000.00. On February 27, 2014, the Commission revoked the Oklahoma real estate sales associate license of Brandylyn Asher for non-payment of her fine, which had doubled to $6,000.00.
C-2012-081: Raul Lorenzo Perez (SA) – Laverne
On August 28, 2013, the Hearing Examiner found Respondent Perez in violation of the following:
1. Title 59 O.S. §858-312, Subsection 1, for failing to disclose on his license renewal application that he had been convicted of Obstructing an Officer, and
2. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-17-4(9), for failing to submit a written response to the complaint in this matter.
The Commission assessed Respondent Perez an administrative fine of $500.00 per violation, for a total of $1,000.00.
C-2012-083: Laurie Victoria Woolf (SA) – Oklahoma City
On September 5, 2013, the Hearing Examiner found Respondent Woolf in violation of the following:
1. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-9-1(d), as she maintained an office without the consent of and outside the supervision of her broker, and
2. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-9-4(b)(3), as she failed to make the broker’s reference on her website prominent, conspicuous and easily identifiable.
The Commission assessed Respondent Woolf an administrative fine of $500.00 for each violation, for a total of $1,000.00.
C-2013-033: Paul Gonya (BM) – Purcell
On September 5, 2013, the Hearing Examiner found the Respondent in violation of the following:
1. Title 59 O.S. §858-312, Subsection 1, as he failed to disclose on his original application for licensing that criminal charges were then pending against him in the State of California, and further failed to disclose on his application for license renewal that he had been convicted of felony charges in the State of California, and
2. Title 59 O.S. §858-312, Subsections 15 and 19, as he is unworthy to act as a real estate licensee in the State of Oklahoma because he was convicted of crimes involving moral turpitude.
On November 20, 2013, the Commission ordered the revocation of Respondent Gonya’s Oklahoma real estate broker license, with an effective date of January 2, 2014.
C-2012-093: Allegiance Realty LLC, and Janna Dee Helmick (BM) – Lawton
On September 5, 2013, the Hearing Examiner found the Respondents in violation of the following:
1. Title 59 O.S. §858-312, Subsections 3 and 9, and Rule 605:10-17-4(12), as they failed to establish and disclose a transaction or single party broker relationship with tenants and property owners;
2. Title 59 O.S. §858-312, Subsections 6 and 9, and Rule 605:10-13-1(a)(1), as they failed to provide an accounting of expenses charged to the complainant;
3. Title 59 O.S. §858-312, Subsections 6 and 9, and Rule 605:10-13-1(k), as they failed to maintain checks, checkbooks, deposit receipts, general account ledgers, and bank statements;
4. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(23), as they failed to maintain all records and files relating to a trust account or real estate transaction for a minimum of five (5) years after the consummation or termination of the transaction;
5. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(12), as they failed to enter into a private property management agreement with the complainant, and
6. Title 59 O.S. §858-312, Subsection 9, and Rule 605:10-9-5(a), as they moved their business address, but failed to register that address with the Commission.
The Commission assessed Respondents Allegiance Realty Inc. and Janna Helmick an administrative fine of $2,400.00 for each violation, for a total of $4,800.00. On February 4, 2014, the Commission revoked the licenses of the respondents for nonpayment of the fine, which had doubled to a total of $4,800.00 each.
C-2012-098: Allegiance Realty LLC, and Janna Dee Helmick (BM) – Lawton
On September 5, 2013, the Hearing Examiner found the Respondents in violation of the following:
1. Title 59 O.S. §858-312, Subsections 3 and 9, and Rule 605:10-17-4(12), as they failed to establish and disclose a transaction or single party broker relationship with tenants and property owners;
2. Title 59 O.S. §858-312, Subsections 6 and 9, and Rule 605:10-13-1(a)(1), as they failed to provide an accounting of expenses charged to the complainant;
3. Title 59 O.S. §858-312, Subsections 6 and 9, and Rule 605:10-13-1(k), as they failed to maintain checks, checkbooks, deposit receipts, general account ledgers, and bank statements;
4. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(23), as they failed to maintain all records and files relating to a trust account or real estate transaction for a minimum of five (5) years after the consummation or termination of the transaction;
5. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(12), as they failed to enter into a private property management agreement with the complainant, and
6. Title 59 O.S. §858-312, Subsection 9, and Rule 605:10-9-5(a), as they moved their business address, but failed to register that address with the Commission.
The Commission assessed Respondents Allegiance Realty Inc. and Janna Helmick an administrative fine of $2,400.00 for each violation, for a total of $4,800.00. On February 4, 2014, the Commission revoked the licenses of the respondents for nonpayment of the fine, which had doubled to a total of $4,800.00 each.
C-2012-099: Allegiance Realty LLC, and Janna Dee Helmick (BM) – Lawton
On September 5, 2013, the Hearing Examiner found the Respondents in violation of the following:
1. Title 59 O.S. §858-312, Subsections 3 and 9, and Rule 605:10-17-4(12), as they failed to establish and disclose a transaction or single party broker relationship with tenants and property owners;
2. Title 59 O.S. §858-312, Subsections 6 and 9, and Rule 605:10-13-1(a)(1), as they failed to provide an accounting of expenses charged to the complainant;
3. Title 59 O.S. §858-312, Subsections 6 and 9, and Rule 605:10-13-1(k), as they failed to maintain checks, checkbooks, deposit receipts, general account ledgers, and bank statements;
4. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(23), as they failed to maintain all records and files relating to a trust account or real estate transaction for a minimum of five (5) years after the consummation or termination of the transaction;
5. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(12), as they failed to enter into a private property management agreement with the complainant, and
6. Title 59 O.S. §858-312, Subsection 9, and Rule 605:10-9-5(a), as they moved their business address, but failed to register that address with the Commission.
The Commission assessed Respondents Allegiance Realty Inc. and Janna Helmick an administrative fine of $2,400.00 for each violation, for a total of $4,800.00. On February 4, 2014, the Commission revoked the licenses of the respondents for nonpayment of the fine, which had doubled to $4,800.00 each.
C-2013-003: Allegiance Realty LLC, and Janna Dee Helmick (BM) – Lawton
On September 5, 2013, the Hearing Examiner found the Respondents in violation of the following:
1. Title 59 O.S. §858-312, Subsections 3 and 9, and Rule 605:10-17-4(12), as they failed to establish and disclose a transaction or single party broker relationship with tenants and property owners;
2. Title 59 O.S. §858-312, Subsections 6 and 9, and Rule 605:10-13-1(a)(1), as they failed to provide an accounting of expenses charged to the complainant;
3. Title 59 O.S. §858-312, Subsections 6 and 9, and Rule 605:10-13-1(k), as they failed to maintain checks, checkbooks, deposit receipts, general account ledgers, and bank statements;
4. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(23), as they failed to maintain all records and files relating to a trust account or real estate transaction for a minimum of five (5) years after the consummation or termination of the transaction;
5. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(12), as they failed to enter into a private property management agreement with the complainant, and
6. Title 59 O.S. §858-312, Subsection 9, and Rule 605:10-9-5(a), as they moved their business address, but failed to register that address with the Commission.
The Commission assessed Respondents Allegiance Realty Inc. and Janna Helmick an administrative fine of $2,400.00 for each violation, for a total of $4,800.00. On February 4, 2014, the Commission revoked the licenses of the respondents for nonpayment of the fine, which had doubled to $4,800.00 each ($9,600.00 total).
October 2013
C-2012-074: Select Management Group LLC, Samuel A. Rader (BM), Select Management Group LLC (BO), Peter T. Galbraith (BB) and Bradley Darren Ramey(SA) – Tulsa and Sapulpa
Violations by Respondent Bradley Ramey: Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(16), as he allowed a buyer access to, or control of, real property without the owner’s authorization prior to the scheduled closing. There was no evidence to indicate any violation of the Oklahoma Real Estate License Code or the Rules of the Commission by Respondents Select Management Group LLC, Samuel Rader, Select Management Group LLC (BO) and Peter Galbraith.
Bradley Ramey consented to the payment of an administrative fine of $1,500.00. The case was closed against the remaining respondents.
September 2013
C-2012-013: Aleesha Dionne Ojeda (SA) – Broken Arrow
Respondent Ojeda was in violation of:
1. Title 59 O.S. §858-312, Subsection 15, as she pleaded Guilty to the charge of Driving of the Influence on May 11, 2011 in Tulsa County, Oklahoma, and
2. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-17-4(9), in that she failed to submit an adequate response to the complaint.
Aleesha Ojeda consented to the payment of an administrative fine of $500.00.
C-2012-031: Select Property Realty of McAlester LLC, Vickie Lynn Lyles (BM) and Ramona N. Wylie (SA) – McAlester
Respondents Select Property Realty of McAlester and Vickie Lyles were in violation of:
1) Title 59 O.S. §858-312, Subsection 8 and Rule 605:10-17-4(6), as they failed to:
a) Ensure that full communication occurred between all parties within the transaction;
b) Ensure that Respondent Wylie acted in accordance with the brokerage relationship as disclosed with each party, and
c) Ensure that Respondent Wylie did not provide a personal check covering the abstracting fee for the buyer, in an effort to encourage a prompt and speedy closing.
2) Title 59 O.S. §858-312, Subsection 6 and Rule 605:10-13-1(a,1,D), as they failed to deposit an earnest money deposit of $500.00 within three (3) banking days following acceptance.
Select Property Realty of McAlester LLC and Vickie Lyles consented to the payment of administrative fines totaling $2,000.00. Ramona Wylie surrendered her Oklahoma real estate sales associate license prior to this Consent Order.
C-2012-047: Kevin McCaleb (SA) – Arcadia
Respondent McCaleb was in violation of:
1. Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-2(b), in that he failed to submit a written response to the Commission within the fifteen (15) day period, and
2. Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(9), in that he failed to provide to the Commission, as requested, documentation regarding certain charges indicated on his background check.
Kevin McCaleb consented to the payment of an administrative fine of $700.00.
C-2012-095: Christopher Thomas Eubanks (SA) – Norman
Respondent Eubanks was in violation of: Title 59 O.S. §858-312, Subsection 1, in that he made a materially false statement in an application for a license renewal by failing to disclose a 2008 criminal charge in his 2009 and 2012 applications.
Christopher Eubanks consented to the payment of an administrative fine of $200.00.
C-2013-006: Genesis Property and Asset Management LLC and John Thomas Hall (BM) – Oklahoma City
Respondents were in violation of:
1. Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(20), in that they failed to perform all brokerage activities for the benefit of the complainant and failed to obey the specific directions of the complainant to not issue payment, and
2. Title 59 O.S. §858-312, Subsection 6 and Rule 605:10-13-1(a,1,E), in that they failed to maintain the security deposits in the trust account as provided for in the lease agreements with three tenants.
Genesis Property and Asset Management LLC and John Hall consented to the payment of an administrative fine of $1,500.00.
C-2012-060: Carla Kay Talamantes (SA), Lunaas Realty Corporation and David Luna (BM) – Sapulpa
Respondent Carla Talamantes was in violation of:
1. Title 59 O.S. §858-312, Subsection 9 and Title 59 O.S. §858-312.1, in that she operated in a real estate business at a time when her license was under suspension.
Respondents David Luna and Lunaas Realty Corporation were in violation of:
2. Title 59 O.S. §858-312, Subsection 9 and Title 59 O.S. §858-312.1, in that they allowed Respondent Talamantes to operate in a real estate business at a time when her license was under suspension, and
3. Title 59 O.S. §858-312, Subsection 9, and Rule 605:10-17-2(b), in that they failed to submit a written response to the complaint within the required fifteen (15) day period.
Carla Talamantes was assessed an administrative fine in the sum of $500.00, and David Luna and Lunaas Realty Corporation were assessed an administrative fine of $2,000.00.
July 2013
C-2009-005: Marion Group Real Estate Incorporated and Walter L. Marion (BA) – Lawton
The Respondents were found in violation of:
1. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-17-4(9), in that they failed to submit a written response to the complaint within fifteen (15) days of notice of the complaint, and
2. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-9-3, in that they failed to provide the documents requested by the Commission in connection with this transaction.
Marion Group Real Estate Incorporated and Walter Marion were assessed an administrative fine of $2,000.00.
C-2009-024: LBWS Owasso Incorporated, Teresa L. Foster (BM), L. Lynn Taylor Newton (BA), LBWS Owasso Incorporated (BO), Aaron George Watson (BB), Judith Ann Mueller (SA), Alice L. Pridmore (BA) and Clellan Byers (BA) – Owasso and Claremore
Respondent Judith Mueller was in violation of: Title 59 O.S. §858-312, Subsections 2, 8 and 9, in that she failed to disclose to the buyer a known material defect regarding the flooding issues of property located within the Westwood Villas II Addition in Claremore, Oklahoma. No evidence was presented that Respondents LBWS Owasso Incorporated, Teresa Foster, L. Lynn Taylor Newton, LBWS Owasso Incorporated (BO) failed to disclose to the buyer a known material defect regarding the flooding issues of property located within the Westwood Villas II Addition in Claremore, Oklahoma. There was no evidence presented to indicate a violation of the Oklahoma Real Estate License Law or the Rules of the Commission by Respondents Aaron Watson, Alice Pridmore, and Clellan Byers.
Judith Mueller was assessed an administrative fine of $1,500.00, with dismissal of the case against the remaining respondents.
C-2011-077: Daniel Wayne Stone (SA) – Oklahoma City
Respondent Stone was in violation of:
1. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-17-4(9), in that he failed to provide a written response to the complaint, and
2. Title 59 O.S. §858-312, Subsection 15, in that he entered a plea of Guilty to felony counts of Domestic Abuse.
Daniel Stone's Oklahoma real estate sales associate license was revoked by Order of the Commission.
C-2013-011: Sara Samantha Staring (PSA) – Midwest City
Respondent Staring was in violation of:
1. Title 59 O.S. §858-312, Subsections 6 and 9 and Rule 605:10-13-2(1), in that she failed to turn over to her broker funds which she received from tenants and failed to deposit said funds into the appropriate trust account as directed by her broker, and
2. Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(6), in that she received cash payments from tenants, failed to document or report the receipt of said payments and converted said cash to her own personal use.
Sara Staring was assessed an administrative fine of $5,000.00 and revocation of her Oklahoma real estate provisional sales associate license.
C-2013-012: Home Investment Professionals LLC and Haley Diane Ryan (BM) – Oklahoma City
The Respondents were in violation of: Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(9), in that they failed to provide to the Commission, upon demand, transaction files, property management records or trust account ledgers.
Home Investment Professionals LLC and Haley Ryan were assessed an administrative fine of $2,000.00 and revocation of their Oklahoma real estate license.
C-2012-020: Seabrooke Realty LLC, Thomas W. Seabrooke (BM), and Judith Karyn Seabrooke (SA) – Oklahoma City
Respondents Seabrooke Realty LLC and Thomas Seabrooke were in violation of:
1. Title 59 O.S. §858-312, Subsection 3, in that they failed to enter into a written brokerage agreement with the complainant prior to furnishing services as a single-party broker;
2. Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-9-3, in that they failed to register the trade names KAT PROPERTIES LLC and SKY PROPERTY MANAGEMENT LLC with the Commission;
3. Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(19), in that they entered into leases and property management agreements under unlicensed entities (KAT PROPERTIES LLC and SKY PROPERTY MANAGEMENT LLC);
4. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-17-4(9), in that they failed to file a written response to the complaint, and
5. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-17-4(6), where they failed to supervise the activities of Respondent Judith Seabrooke, in that she entered into leases and property management agreements under unlicensed entities (KAT PROPERTIES LLC and SKY PROPERTY MANAGEMENT LLC).
Respondent Judith Seabrooke was in violation of the following:
1. Title 59 O.S. §858-312, Subsection 3, in that she failed to enter into a written brokerage agreement with the complainant prior to furnishing services as a single-party broker, and
2. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule 605:10-17-4(19), where they entered into leases and property management agreements under unlicensed entities (KAT PROPERTIES LLC and SKY PROPERTY MANAGEMENT LLC).
Seabrooke Realty LLC consented to the payment of an administrative fine of $1,250.00. Thomas Seabrooke consented to the payment of an administrative fine of $1,250.00 and to the attendance and completion of six (6) hours of continuing education in the subject of Professional Conduct. Judith Seabrooke consented to the payment of an administrative fine of $1,000.00.
May 2013
C-2012-009: Dustin Scott Briggs (SA) – Lawton
Respondent Briggs was in violation of
1. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-17-4(9), as he failed to respond in writing to the complaint in this matter and failed to provide the written documentation requested by the Commission, and
2. Title 59 O.S. §858-312, Subsection 15, as he entered a Guilty plea to the charges of Aggravated Assault and Battery, Possession of a Controlled Substance, Unlawful Possession of Drug Paraphernalia and Transporting a Loaded Firearm in a Motor Vehicle.
The Commission ordered the revocation of the Oklahoma real estate sales associate license of Dustin Briggs on July 1, 2013.
C-2012-059: Safiyyah Raushanah Tahir Crooms (SA) – Oklahoma City
Respondent Crooms was in violation of: Title 59 O.S. §858-312, Subsections 9, 15 and 19, as she was found Guilty of the crimes of Wire Fraud and Money Laundering.
The Commission ordered the revocation of the Oklahoma real estate sales associate license of Safiyyah Crooms on July 12, 2013.
U-2012-003: Meridian Relocation Services Corporation (Unlicensed) and Michael P. Boyd (Unlicensed) – Papillion, Nebraska
The Respondents were in violation of: Title 59 O.S. §858-312, Subsection 9, Title 59 O.S. §858-102, Subsection 2 and Title 59 O.S. §858-301, 59 O.S. §858-301, Title 59 O.S. §858-312, Subsection 9, Title 59 O.S. §858-102, Subsection 2 and Title 59 O.S. §858-301, 59 O.S. §858-301, as they engaged in licensable real estate activities without possessing an Oklahoma real estate license.
Meridian Relocation Services Corporation and Michael Boyd were assessed an administrative fine of $5,000.00. As of October 4, 2013, they have not made any payments, and the case is in the Oklahoma Office of the Attorney General for further action.
UC-2011-003: Reuter Realty LLC, Dawn Marie Reuter (BM), and Traci Lynn Patman (Unlicensed) – Bethany and Edmond
Respondents Reuter Realty LLC and Dawn Reuter were in violation of:
1. Title 59 O.S. §858-312, Subsection 9 and Rule 605:10-13-1(3), as they failed to register a BancFirst Trust Account with the Commission, and
2. Title 59 O.S. §858-312, Subsections 6 and 9, and Rule 605:10-13-1(1), as they failed to disburse the security deposits to the complainants for a period of seven (7) months.
There was no evidence presented to indicate any violation of the Oklahoma License Code or the Rules of the Commission by Respondent Traci Patman.
Reuter Realty LLC and Dawn Reuter were assessed an administrative fine of $2,000.00, and the case against Respondent Traci Lynn Patman was dismissed. Revocation of the Oklahoma real estate licenses of Reuter Realty LLC and Dawn Reuter was effective August 13, 2013 for nonpayment of fine.
C-2012-091: Jennifer Ann Lay (SA) – Oklahoma City
The Respondent was in violation of the following: Title 59 O.S. §858-301.2, as she failed to notify the Commission, in writing, of the conviction, plea of guilty or nolo contendere to a felony offense within thirty (30) days after the plea was taken and also within thirty (30) days of the entering of an order of judgment and sentencing.
Jennifer Lay consented to the payment of an administrative fine of $200.00 and the placement of her Oklahoma real estate sales associate license on probation, equivalent to the period of her deferred sentence.
C-2013-011: Metro First Realty LLC, Maurice Shepherd (BM), and Judith Ann Crystal (BB) – Edmond
Respondents Metro First Realty LLC and Maurice Shepherd were in violation of the following:
1. Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(6), in that they failed to properly supervise the management activities of Respondents Metro First Realty LLC (BO) and Judith Crystal, as they failed to ensure that all trust funds were maintained in a secure trust account and that the accounts were reconciled regularly.
Respondents Metro First Realty LLC (BO) and Judith Crystal were in violation of the following:
2. Title 59 O.S. §858-312, Subsections 6 and 9 and Rule 605:10-13-2(1), in that they failed to deposit all checks and monies belonging to others into the appropriate trust account, and
3. Title 59 O.S. §858-312, Subsections 8 and 9 and Rule 605:10-17-4(6), in that they failed to properly supervise the activities of Respondent Sara Staring by inadequately ensuring that she turned over all monies which she collected from tenants for deposits into a secure trust account.
Metro First Realty LLC and Maurice Shepherd consented to a formal reprimand and payment of an administrative fine of $1,500.00. Additionally, he agreed to attend and complete six (6) hours of continuing education and to restore all owner funds within six (6) months. Respondent Metro First Realty LLC (BO) received a formal reprimand and an administrative fine of $1,000.00. Judith Crystal consented to a formal reprimand and payment of an administrative fine of $2,000.00. Additionally, she agreed to attend and complete a total of eighteen (18) hours of continuing education in the subject of Professional Conduct and a fifteen (15) hour Broker-in-Charge course. She agreed to restore all owner funds within six (6) months and to stop serving in the capacity as a branch broker for a period of three (3) years.
March 2013
C-2010-077: Don L. Faulkner (BB) – Edmond
On July 23, 2012, the Hearing Examiner found the respondent to be in violation of the following:
1. Title 59 O.S. §858-312, Subsection 1, in that he made a materially false or fraudulent statement in the submission of his renewal application on May 25, 2004, wherein he stated that there were no criminal charges pending on that date.
2. Title 59 O.S. §858-312, Subsections 9 and 15, in that he may be unworthy to act as a real estate licensee due to repeated arrests and/or convictions for driving under the influence.
Don Faulkner paid an administrative fine of $250.00 and agreed to notify the Commission immediately of any future alcohol-related offenses.
UC-2012-001: Denise Piercy (Unlicensed), Krystal Greenlee (Unlicensed), ARE Incorporated and Charles E. Barger (BM) – Lawton
On January 22, 2013, the Hearing Examiner found Respondents Denise Piercy and Krystal Greenlee to be in violation of the following: Title 59 O.S. §858-201 and Title 59 O.S. §858-301, in that they engaged in licensable real estate activities within the State of Oklahoma while not possessing an Oklahoma real estate license.
The Commission ordered Denise Piercy to pay a fine of $1,000.00, and that Krystal Greenlee pay $500.00. As of October 4, 2013, they have not made any payments, and the case is in the Oklahoma Office of the Attorney General for further action.
C-2012-030: Austin Brian Beaman (SA) – Tahlequah
Respondent Beaman was found to be in violation of: Title 59 O.S. §858-312, Subsections 9 and 15, in that he entered a plea of Guilty or Nolo Contendere on two (2) occasions to the offense of Driving Under the Influence.
Austin Beaman consented to the assessment of an administrative fine of $500.00.
C-2012-058: Kevin Wittrock (SA) – Edmond
Respondent Wittrock was found to be in violation of: Title 59 O.S. §858-312, Subsection 15, in that he entered a plea of Guilty in case number CM-2011-1316 in Oklahoma County, Oklahoma.
Kevin Wittrock consented to payment of an administrative fine of $500.00.
C-2012-082: Karissa Gale Erwin (SA) – Marietta
Respondent Erwin was found to be in violation of: Title 59 O.S. §858-312, Subsection 15, in that she entered a plea of Guilty to a misdemeanor charge of Domestic Abuse.
Karissa Erwin consented to the assessment of an administrative fine of $500.00 and the placement of her Oklahoma real estate sales associate license on probationary status for a period equal to that of her criminal probation (August 13, 2017).
C-2012-086: Performance Realty Incorporated, Stephen Brent Glenn (B), and Performance Realty Incorporated (BO) – Tulsa
Respondent Stephen Glenn was found to be in violation of: Title 59 O.S. §858-312, Subsection 19, in that he entered into a plea agreement with the United States District Court for the Northern District of Oklahoma where he pled guilty to two (2) counts of False Statement to a Financial Institution and one (1) count of Money Laundering.
Respondents Performance Realty Incorporated and Performance Realty Incorporated (BO) were found to be in violation of: Title 59 O.S. §858-312, Subsection 8 and Rule 605:10-17-4 (6), in that they failed to ensure that Respondent Glenn notified the Commission of his conviction.
Performance Realty Incorporated, Stephen Glenn, and Performance Realty Incorporated (BO) consented to the revocation of their respective Oklahoma real estate licenses.
U-2012-002: Equity Estates Enterprises (Unlicensed) and Rose Wilkinson (Unlicensed) – Edmond
The respondents were found to be in violation of: Title 59 O.S. §858-102, §858-301 and §858-401, in that they engaged in licensable real estate activities in the State of Oklahoma without having a valid real estate license and may have received a commission or other valuable consideration as a result of those activities.
Equity Estates Enterprises and Rose Wilkinson consented to the payment of an administrative fine of $2,700.00.
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