 Julie Tetsworth, OREC Chairwoman
As the Chair of
the Oklahoma Real Estate Commission (OREC), I am pleased to welcome you to the
Commission Comment and we hope it will help you stay informed on current OREC
business. It has been a season of change
concerning legislation, rules, and staffing at OREC. Many of you know Mrs. Sherry Kueffler from
her years of work as our Chief Investigator, but now you will know her as
Deputy Director in charge of overseeing our Education and Licensing Department,
and you may refer to Investigator Sean Danley by his new title as Chief
Investigator. We are always thankful for
their expertise, and with the added oversight from the Attorney General’s
office, we have an additional review process to enhance our professional
resources and services.
Legislatively,
the Governor has signed new law requiring the registration of team names
effective November 1, 2017. The
Commission is busy working on emergency rules to implement this registration
process. Additionally, this law creates
a new license type of “Broker-Associate” and clarifies the differences between
“broker” (what we’ve traditionally called a supervising broker) and “Broker
Associate” (someone who holds a broker license but doesn’t supervise). This new law will also include an experience
requirement of ten (10) documented transactions within the last five (5) years for
applicants who want a supervising broker’s license. I am confident these changes will help
protect Oklahoma’s real estate consumers by providing more experienced and
educated real estate licensees.
Watch for more
information on these changes as the OREC implements their emergency rules over
the summer. We must extend a big “thank
you” to Commissioner Theresa Stewart Smith (Ada) and Commissioner Steve Oliver
(Claremore) who worked diligently on a task force to consider and draft these
important law changes.
Finally, as my
term as Chairman of the Commission comes to a close, I’d like to thank all of
the Commissioners for their excellence in service to our industry and to the
public, and ESPECIALLY, a BIG THANK YOU to ALL the staff for their CONTINUED, much valued
SUPPORT and DILLIGENCE.
|
New Rules Proposed with Effective Date of November 1
The OREC's
proposed new rules dealing with associate's trust accounts, the Education
Recovery Fund, and the Residential Property Condition Disclosure Form are
currently pending approval before the legislature. If approved, these rules will go into effect
November 1, 2017. Highlights of the prosed rules include:
- A new rule specifying procedures in the event
licensees must be assessed to replenish the Education Recovery Fund. Currently, if the fund is unable to fulfill
any valid claim, each licensee may be assessed up to $5.00 each fiscal
year. The new rule specifies that such a
levy must be paid within sixty (60) days of the assessment, or the license will
be placed on inactive status.
- Current OREC rules prohibit an associate from
opening, maintaining, or being a signer on a trust account when providing
licensed activities; however, the Commission has long held that if the
associate is performing an activity that doesn't require a license – for
instance, an associate managing personally-owned rental property – then the
associate may have their own trust account.
The proposed rules clarify this exception for associate's opening,
maintaining or signing on trust accounts.
- The question regarding floodways on the
Residential Property Condition Disclosure Form has been revised to read: “Are you aware if the property is located in
a floodway as defined in the Oklahoma Floodplain Management Act?” Additionally two new questions are
included: “Are you aware of any wells
located on the property?” and “Are you aware of any dams located on the
property? If yes, are you responsible
for the maintenance of that dam?”
You can view a
complete copy of the proposed rule changes by clicking here.
New Law Creates Broker Associate License and Regulates Teams
Governor Mary Fallin has signed
SB266 into law, with an effective date of November 1, 2017. This legislation addresses two very hot
topics before the Commission: team regulation and broker supervision.
Real estate team names have become
a common marketing tool within the real estate industry, but also becoming
common are the many consumers who cannot tell you the name of the actual real
estate office they are working with, because they only know the team name. SB 266 creates a registration process for
teams, and all team names will be searchable on the OREC website. The new law defines a team as "any two
or more licensees who work under the supervision of the same broker, work
together on real estate transactions to provide brokerage services, represent
themselves to the public as being part of a team, and are designated by a team
name." All teams will be required
to register and pay a fee for registering with the Commission.
The OREC currently offers three
license types: provisional sales
associate, sales associate, and broker. Broker is the highest license type, and
refers to the licensee who supervises an office and/or other associates.
Currently, anyone who has held a license for two years can become a broker,
whether or not they have handled any real estate transactions. SB 266 strengthens
the requirements for obtaining a broker’s license by including actual
experience; anyone applying for a broker's license must provide documentation
verifying ten (10) transactions within the past five (5) years or the
equivalent as determined by the Commission.
Additionally, broker applicants must take the Broker in Charge course
prior to licensure. SB 266 also defines a “broker’s associate”
license for someone who chooses to license as a broker, but does not elect to supervise
other associates. These provisions will protect the public by providing
more experienced licensees and greater transparency in the real estate
transaction.
This new law is a big change for
our industry and many changes – including the fee for team registration,
changes to the Broker in Charge course and Broker Associate licensing
procedures – will be addressed through the emergency rulemaking process over
the summer months. Watch for more
information in future editions of Commission Comment.
A Reminder about Records Retention
Recently a complaint case brought to light the importance of retaining
all documents relating to a real estate transaction. Commission rule 605:10-13-1(l) states, “A broker
shall maintain all records and files for a minimum of five (5) years after
consummation or termination of a transaction. In the case of trust account
records the five years shall commence with the date of disbursal of funds.
Records as referenced in this paragraph shall be destroyed in a secure manner.”
What do we mean by “transaction?” Transaction is defined in our Code as “an
activity or process to buy, sell, lease, rent, option or exchange real estate.
Such activities or processes may include, without limitation, soliciting,
advertising, showing or viewing real property, presenting offers or counteroffers,
entering into agreements and closing such agreements.” By this definition then,
a broker should be retaining all documents associated with offers that were
presented but not accepted; listing agreements later released and busted sales.
In addition, text messages and emails shouldn’t be overlooked. More and more
communications pertaining to real estate transactions are occurring by way of
email and text. These types of communications must be retained as a part of the
transaction file.
Beware of Marketing with Contests, Offerings and Giveaways
The Commission
continues to see an increase in violations with the offering of contests and
giveaways, specifically on social media.
Our statue states it is a cause for suspension or revocation of a
license for “soliciting, selling, or offering for sale real estate by offering
“free lots,” conducting lotteries or contests, or offering prizes for the
purpose of influencing a purchaser or prospective purchaser of real estate.” It
is a violation for a licensee to offer free gifts or conduct contests, such as
drawings for the purpose of inducing purchasers and prospective purchasers. The
OREC receives many reports of Facebook sites making offers if someone will
“like, share or comment” on a post or page.
This is a clear violation of the statute and licensees could face
sanctions. In addition, their managing
broker could be in violation for failing to supervise their licensee’s
advertising practices. There have also
been increased reports of drawings occurring at open houses, which is also in
violation of the statute. If you are a
supervising broker, review your associate’s advertising to ensure compliance. If you have any questions or if you are
unsure if you are in compliance, contact the Commission before you begin a new
marketing campaign. It is better (and
less expensive) to make changes before
launching a promotion than afterward.
|
Instructor Development Workshop Scheduled for June 29
OREC's annual Instructor Development Workshop has been scheduled from 9:00 a.m. - 4:00 p.m. on Thursday, June 29 at the Jim Thorpe Museum and Oklahoma Sports Hall of Fame in Oklahoma City. International Speaker and Trainer Patti Wood will deliver a high-energy and informative training session. Seating is limited, and you must be a pre-licensed or post-licensed instructor to attend. Click here for more information on how to register.
Mail-In Trust Account Inspections
At the beginning of
2017, the Commission implemented a new procedure for the inspection and review
of trust accounts. Brokerages will
receive notice from the Commission during the month of the firm’s license
renewal containing all necessary forms to be completed by the broker. We are also including Trust Account and Trade
Name Registration Forms to ensure we have all current office information in our
records. The Trust Account
Reconciliation form should be completed by the broker and submitted with bank
statements from the previous two (2) months. Remember, a trust account is not
mandatory unless funds or items are accepted by a broker and required to be
placed in the broker’s trust account. So, if a broker does not have a trust
account, they should only complete and return the waiver form that is included
with the packet. Click here to review the
information included in the trust account inspection packet.
Be Careful of Who's Watching and Listening
Many sellers have
begun using hidden or secret cameras to record buyers and real estate licensees
as they view their homes. Licensees and buyers should enter a property with the
presumption that a recording device is present.
Cameras can record audio and video of buyers offering their opinions and
often times, how much they would be willing to pay for the property. This information gives the advantage to the
seller during negotiations. Oklahoma’s statute regarding electronic recordings only
requires “one-party consent” to the recording.
"One-party consent"
means one of the parties being recorded has to give consent and does not have
to notify the other party (or parties) that the conversation is being recorded.
In theory, if a conversation has been
recorded by the seller without the knowledge of either party involved in the
conversation, the seller may be criminally prosecuted. However, it would be up to the district
attorney to prosecute a seller for having a camera in their home that
recorded conversations between two or more buyers or between a buyer and his
broker. Additionally, the buyer could
potentially sue civilly for monetary damages. The issue would be whether
the buyers had a “reasonable expectation of privacy” in their conversations in
the home, which would be a question for the court or jury. Currently there is no case law in Oklahoma
addressing this scenario.
OREC Office Hours
Although the
Commission’s office hours are from 8:00 a.m. to 5:00 p.m., Monday thru Friday, the
Denver N. Davison Building (where we are located) closes at 4:45 p.m.
Because
this is a courthouse facility, there is a security checkpoint at the entrance,
and public entry into the building ceases after 4:45 p.m. You should plan
accordingly if you will be coming later in the afternoon.
License Renewal Notices to Home Addresses
The Commission is currently sending license renewal notices to licensee’s home addresses rather than the broker’s office. All licensees are required to notify the Commission of their current home address within ten days of a change. There is no fee for changing your record and the change may be made online. Please ensure your records are up-to-date and accurate so you will receive all mailings and communications from the Commission.
Email Address Changes
Do you have a new email address or any changes to your personal information? The best way to notify the Commission is to make the changes yourself. When you enter your new information into the Commission's website, you are directly accessing the database that contains your licensing data. It's easy, your information is protected, and the changes take effect immediately. That way, you'll know it's done and you can cross it off your to-do list – and you won't miss any future editions of Commission Comment!
Certificate of Good Standing for Entity License Renewal
A Certificate of Good Standing is a certificate issued by the Oklahoma Secretary of State as evidence that a corporation, limited liability company, or limited partnership is in good standing with their office. The Oklahoma Real Estate Commission has seen an increase this past year in the number of entities who have not maintained their good standing. The Commission requires evidence that your corporation, limited liability company or partnership remains in good standing when renewing certain types of licenses. Not only is this a Commission rule, but keeping your entity name protected is also good business practice. When an entity fails to remain current with the Secretary of State, they can lose the right to their registered name. The Commission has seen cases recently where long-established companies lost the right to use the name they thought was theirs because of this simple oversight; therefore, we recommend that you stay current and in good standing with your Secretary of State registration to avoid an embarrassing situation.
Contract
Forms Committee
You may have used
one of the 60+ real estate contract forms developed by the OREC, but do you
know who does all of the hard work? The
Contract Forms Committee was created in 2001 and since that time, they have
worked diligently to produce contracts and forms for use by licensees and the
public. They give of their own time each
month and deserve a great deal of gratitude for the service they have provided
to our industry.
Although
their terms have ended, the Commission sincerely thanks these licensees for their
time, dedication, and contribution to the real estate industry:
John Mosley (Chickasha)
Andy Newman (Norman)
John Jones (Lawton)
Barbara Morton (Tulsa)
Dick Ruprecht (Tulsa)
The
newest members of the committee are:
Victoria Caldwell (Edmond)
Charles McBride (Tulsa)
Don Lorg (Moore)
Bob Bahe (McAlester)
Keith Taggart (Mustang)
Commissioner Theresa Stewart Smith (Ada)
They
will join our returning Committee members:
Bud Engstrom (Tulsa)
Terry Pufahl (Oklahoma City)
Martin Van Meter (Durant)
Along
with our representatives from the Oklahoma Bar Association:
Robert Bailey
Chris Tweedy
Monica Wittrock
OREC Staff Changes
Sherry Kueffler:
In her more than 17 years as an Investigator and Chief Investigator for the
Oklahoma Real Estate Commission, Sherry has logged thousands of miles traveling
the state handling complaint cases, applicant investigations, and conducting
office inspections. On December 1, 2016,
Sherry became the Deputy Director for the Commission. She has been with the Commission since 1999
and has been active in the Association of Real Estate License Law Officials (ARELLO®),
an international real estate regulating organization, as chair of the
Investigator/Auditor Committee and as a member on several others. She is a designated ARELLO® Certified
Real Estate Investigator (CREI) and was the first investigator ever to earn the
title of Senior Certified Real Estate Investigator. She is also a National Certified Investigator
with the Council of Licensure, Enforcement & Regulation, and a Certified
Grievance Manager for the State of Oklahoma and testified as an expert witness
in district court.
She
is a native Oklahoman whose family hails from Haskell County. She attended the University of Central
Oklahoma where she earned a B.A., Ed. in History Education and a M.A., Ed. in
Adult Education. Sherry lives in Midwest City with her husband, Patrick. They
have five children and three grandchildren.
Sean Danley:
Sean began his career as an Investigator with the Commission nearly a decade
ago after relocating to Oklahoma City from his hometown of Los Angeles,
California, where he was a 3rd generation Realtor® and Realtist®. He has investigated hundreds of Commission
case files and helped draft new language for the Code & Rules. He is a Certified Investigator through
international organizations, CLEAR and ARELLO®, and in 2016, he became
the OREC’s Chief Investigator. Sean holds
a Bachelor of Information Technology Degree and is an active real estate
investor throughout Oklahoma County. With over 15 years’ combined experience in the
real estate industry as a consumer, licensee, investor and regulator, Sean is
able to perform his investigative duties with a unique and impartial
perspective.
Sean,
who has lived in San Diego and Chicago, currently resides in Oklahoma City with
his wife and two children.
David Hall: David is the newest
investigator with the Oklahoma Real Estate Commission. A 1990 graduate of Southeastern Oklahoma
State University, He received a B.S. in Business Administration and after
graduation, set his sights on Oklahoma City as the place to launch his career. He began selling real estate for his father’s
real estate company and worked as a sales associate for three years before
taking over as broker after the passing of his father.
David later
moved on to work in the tire manufacturing business for nine years, and then on
to his most recent position as an Inside Sales Representative for Dell Incorporated,
where he ranked as top sales representative at several times throughout his ten
year career.
Growing up in
Oklahoma City, David is a lifelong Oklahoman and resides here with his wife of
19 years.
|
February 2016
UC-2014-005: Lean LLC, Leylon L. Weems
(BM), and Teresa Weems (Unlicensed) – Pryor
Violations
by Lean LLC and Leylon Weems:
1. Title 59 O.S. §858-312, Subsections 6,
8, and 9, and Rule 605:10-13-1(a)(1)(E)(F) [Utilizing trust account funds for
personal use]Title 59 O.S. §858-312 Subsections 6, 8, and 9, and Rule
605:10-13-1(g) [Failure to pay [Trust funds on behalf of the complainants]
2. Title 59 O.S. §858-312, Subsections 6,
8, and 9, and Rule 605:10-13-1(j) [Failure to keep the consumer informed]
3. Title 59 O.S. §858-312, Subsections 6,
8, and 9, and Rule 605:10-13-1(k) [Failure to maintain accurate trust fund
records]
4. Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-17-4(12) [Using trust account funds for unintended
purposes]
Violation
by Teresa Weems:
Title 59 O.S. §858-301 [Unlicensed Activity]
ACTION:
1. Lean
LLC received an administrative fine of $4,000.00 and the ordered revocation of
its Oklahoma real estate license
2. Leylon
Weems received an administrative fine of $4,000.00 and the ordered revocation
of his Oklaho9ma real estate license
3. Teresa
Weems received an administrative fine of $2,5000.00
On June 6, 2016, the Commission revoked the license of Lean
LLC and Leylon Weems for nonpayment of their fines, which doubled to $8,000.00
each.
C-2014-007: Tricia Kay Henderson (SA) – Moore
Violation
by Tricia Henderson:
Title 59 O.S. §858-312, Subsection 1
[False Statement on an Application]
ACTION:
Tricia Henderson received an administrative fine of $1,000.00. On May 26, 2016, the
Commission revoked the license of Tricia Henderson for nonpayment of her fine,
which doubled to $2,000.00 on April 25, 2016.
May 2016
C-2014-081: Homequest OKC LLC and Paul
Thomas Nelson (BM) – Oklahoma City
Violations
by Homequest OKC LLC and Paul Nelson:
1. Title 59 O.S. §858-312, Subsections 6
and 16, and Rule 605:10-13-1(a)(1) – [Failure of Deposit and account of
trust/escrow funds]
2. Title 59 O.S. §858-312, Subsection 9
and Rule 605:10-13-1(k) – [Bookkeeping system required]
3. Title 59 O.S. §858-351 – 363 and Title
59 O.S. §858-312, Subsection 3 – [Broker Relationships]
ACTION:
The Commission suspended the order of Revocation for the Respondents on
the following conditions:
1. Respondents
returned monies owed to the property owners
2. The
Investigation Department oversaw a 60-day process wherein another broker assumed
Paul Nelson’s property management matters while Homequest OKC and Mr. Nelson
ceased their operations.
3. Had
there been any deviation from #1 or #2, the Commission would have immediately
called a Special Meeting to accelerate and enact the revocation.
C-2014-008: Justin Eric Lewis (BP) and
Shane Michael Hannaford (SA) – Tulsa
(The Commission settled Shane
Hannaford’s case via Consent Order in June 2015.)Violations
by Justin Lewis:
1. Title 59 O.S. §858-312, Subsections 6
and 9, and Rule 605:10-13-1(k) – [Bookkeeping system required]
2. Title 59 O.S. §858-312, Subsection 16,
and Rule 605:10-13-1 – [Duty to Account]
3. Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-17-4(9) – [Failure to respond to Commission’s request]
4. Title 59 O.S. §858-312, Subsection 9,
and Rule 605:10-9-5 (a) – [Change of Address]
ACTION: Justin
Lewis received an administrative fine of $2,750.00.
C-2015-012: Abacus Realty Corporation
and Darrick Anthony Holland (B) – Warr Acres
Violations by Abacus Realty
Corporation and Darrick Holland:
1. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule
605:10-17-4(12) – [Prohibited Dealings in a real estate transaction]
2. Title 59 O.S. §858-312, Subsection 9, and Rule
605:10-9-5(a)(c) – [Failure to Notify the Commission of Change of Address]
ACTION:
Abacus Realty and Darrick Holland received administrative fines totaling
$2,250.00. On October 25, 2016, the Commission Revoked the Oklahoma
real estate license of Abacus Realty and Darrick Holland for nonpayment of the doubled
fine of $4,500.00.
C-2015-037: Donald P. Smith (SA) –
Grove
Violations
by Donald Smith:
1. Title 59 O.S. §858-312, Subsection 15
– [Unworthiness to Act]
2. Title 59 O.S. §858-312, Subsection 9
and Title 59 O.S. §858-301.2 – [Notification to the Commission of conviction,
etc. to Felony Offense]
ACTION: Donald Smith received an
administrative fine of $1,000.00 and a Commission-ordered revocation of his
Oklahoma real estate license, effective July 29, 2016.
UC-2014-003: Craig Alan Hodgens (SA), Oklahome Builders LLC
(Unlicensed), and Oklahome Real Estate Services LLC (Unlicensed) – Edmond;
Metro First Realty LLC, Maurice L. Shepherd (BM), Metro First Realty LLC (BO),
Robert D. Cowger (BB), Jennifer Haven Hodgens (SA), Express Realty
Incorporated, and Elbert Flickner (BM) – Oklahoma City and Edmond
(The Commission dismissed the case
against Metro First Realty LLC, Maurice Shepherd, Metro First Realty LLC (BO),
Robert Cowger, Jennifer Hodgens, Express Realty, and Elbert Flickner by way of a
Case Examiner’s Report in February 2016.)
Violation
by Craig Hodgens:
Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-11-1(a) – [Activities Outside the Supervision of a
Broker]
Violation
by Oklahome Builders LLC and Oklahome Real Estate Services LLC:
Title 59 O.S. §858-301 – [Unlicensed Activities]
ACTION:
Craig Hodgens, Oklahome Builders LLC, and Oklahome Real Estate Services
LLC received an administrative fine of $500.00 ($750.00 total).
C-2014-102: Vincent Glen Haney (SA) – Atoka
Violations
by Vincent Haney:
1. Title
59 O.S. §858-312, Subsections 9 and 15 – [Unworthiness to Act]
2. Title 59 O.S. §858-312, Subsections 1 and 9
– [False or Fraudulent Statement]
ACTION
(Consent Order): Vincent Haney received an administrative fine
of $1,000.00.
C-2015-002: A. Rex Watkinson III (BM)
– Tulsa
Violations by Rex
Watkinson III:
1. Title
59 O.S. §858-312, Subsection 15 – [Conduct Unbecoming]
2. Title
59 O.S. §858-312, Subsection 1 – [False or Fraudulent Statement]
3. Title 59 O.S. §858-301.2 –
[Notification to the Commission of conviction, etc. to Felony Offense]
ACTION (Consent
Order): A. Rex Watkinson
consented to the revocation of his Oklahoma real estate broker license.
C-2015-063: Select
Management Group LLC, Peter T. Galbraith, Jr (BM), Select Management Group LLC
(BO), Bryan E. Edwards (BB), and Arthur M. Jiles III (SA) – Tulsa
Violation by Arthur Jiles:
Title 59 O.S. §858-353, Subsection 2, and Rules
605:10-11-1 and 605:10-17-4(10) [Failure to reduce an offer to writing and
present it in a timely manner]
Violation by Bryan
Edwards:
Title 59 O.S. §858-353, Subsection 2, and Rules
605:10-11-1 and 605:10-17-4(10) [Failure to Supervise an Associate]
There was no
evidence to indicate a violation of the Oklahoma License Code or the Rules of
the Commission by Select Management Group LLC, Peter Galbraith, and Select
Management Group LLC (BO).
ACTION (Consent Order): Arthur Jiles received an administrative fine
of $500.00 and the Commission dismissed the case against Select Management
Group LLC, Peter Galbraith, Select Management Group LLC, and Bryan Edwards.
C-2015-092: Home Finders Incorporated,
Nottingham Realty Incorporated, and David Arnold Nottingham (BM) – Lawton
Violations by Home
Finders Incorporated, Nottingham Realty Incorporated, and David Nottingham:
1. Title 59 O.S. §858-312, Subsection 6,
and Rule 605-10-13-1(a,1,E) – [Failure of Deposit and Maintenance of Escrow
Accounts]
2. Title 59 O.S. §858-312, Subsection 6,
and Rule 605:10-13-1(a,1,F) – [Failure of Deposit and Maintenance of Escrow
Accounts]
3. Title 59 O.S. §858-312, Subsections 6
and 16, and Rule 605:10-13-1(b) – [Commingling of Funds]
4. Title 59 O.S. §858-312, Subsection 6,
and Rule 605:10-13-1(e) – [Registration of Trust Accounts]
5. Title 59 O.S. §858-312, Subsection 6,
and Rule 605:10-13-1(g) – [Payment of Funds]6. Title 59 O.S. §858-312, Subsection 6,
and Rule 605:10-13-1(i) – [Documents, Items, or Monies Furnished to All
Parties]
7. Title 59 O.S. §858-312, Subsection 6,
and Rule 605:10-13-1(j) – [Failure to Inform All Parties Regarding Escrow Accounts]
8. Title 59 O.S. §858-312, Subsection 6,
and Rule 605:10-13-1(k) – [Bookkeeping System Required]
9. Title 59 O.S. §858-312, Subsection 8,
and Rule 605:10-17-4(9) – [Prohibited Dealings/Failure to Respond]
10. Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-17-4(12) – [Prohibited Dealings/Incompetency]
11. Title 59 O.S. §858-312, Subsection 8,
and Rule 605:10-17-4(7) – [Prohibited Dealings/Failure to Disclose]
12. Title 59 O.S. §858-312, Subsection 8,
and Rule 605:10-17-4(18) – [Prohibited Dealings/Interference with an
Investigation]
13. Title 59 O.S. §858-312, Subsection 8,
and Rule 605:10-17-4(23) – [Prohibited Dealings/Maintenance of Documents as
Required in Rule 605:10-13-1]
ACTION (Consent
Order): The Commission approved the
Consent Order sustaining the Summary Suspension already in place against David
Nottingham, et al. and the subsequent revocation of their respective Oklahoma
real estate license.
July 2016
C-2014-095: Reneau Properties LLC and
Angela Renée Reneau (BM) – Edmond
Violations
by Reneau Properties LLC and Angela Reneau:
1. Title 59 O.S. §858-312, Subsections 9
and 16 – [Commingling of Funds]
2. Title 59 O.S. §858-312, Subsection 9
and Rule 605:10-9-5(a)(c) – [Failure to Notify Commission of Address/Phone
Number Change]
ACTION: Reneau Properties and Angela Reneau
received administrative fines totaling $3,000.00 and a Commission-ordered revocation
of their respective Oklahoma real estate license. On October 10, 2016, the Commission revoked their licenses
a second time for nonpayment of the doubled $6,000.00 fine.
September 2016
C-2016-095: Tyler Cole Thompson (SA) –
Ada
Possible violations by Tyler Thompson:
1. Title 59
O.S. §858-312, Subsection 8 – [Engaging in conduct constituting untrustworthy,
improper, fraudulent, or dishonest dealings]
2. Title 59
O.S. §858-312, Subsection 9 and Rule 605:10-11-2(g) – [Failing to notify the
Commission of his current home address]
ACTION:
The Commission summarily suspended Tyler Thompson’s Oklahoma real estate sales
associate license and scheduled a Formal Hearing to occur within 30 days of the
suspension.
October 2016
C-2014-049: Margaret Womack Real Estate Services LLC and
Lola Margaret Womack (BM) – Noble
Violations
by Lola Margaret Womack:
1. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule
605:10-17-4(12) – [Prohibited Dealings]
2. Title 59 O.S. §858-312, Subsections 8 and 9, and Rule
605:10-17-4(12) – [Prohibited Dealings Demonstrating Bad Faith and
Incompetency]
3. There was no evidence to indicate a violation of the
Oklahoma License Code or the Rules of the Commission by Respondent
Margaret Womack Real Estate Services LLC.
ACTION:
Lola Womack received a $1,500.00 administrative fine and the Commission
dismissed the case against Respondent Margaret Womack Real Estate Services LLC.
C-2016-095:
Tyler Cole Thompson (SA) – Ada
Violations
by Tyler Thompson:
1. Title 59 O.S. §858-312, Subsection 8 – [Untrustworthy,
Improper, Fraudulent, or Dishonest Conduct]
2. Title 59 O.S. §858-312, Subsection 9, and Rule
605:10-11-2(g) – [Failure to Notify the Commission of Change of Address]
ACTION:
Tyler Thompson received an administrative fine of $1,750.00 and nine (9)
hours of Disciplinary Continuing Education; further, the Commission reinstated Tyler
Thompson’s Oklahoma real estate sales associate license with a probationary
term of two (2) years.
C-2016-050: Centurion
Incorporated, Krista Massad (BM), Centurion Incorporated (BO), Thelene Gilmore
(BB), and Carla Weaver (SA) – Edmond
Violation
by Carla Weaver:
Title
59 O.S. §858-312, Subsection 9, and Rule 605:10-13-2(2) – [Failure to Deliver a
Copy of All Instruments Pertaining to the Transaction]
There
was no evidence to indicate any violation of the Oklahoma real estate license
code or Rules of the Commission by Respondents Centurion Incorporated, Krista
Massad, Centurion Incorporated (BO), or Thelene Gilmore.
ACTION (Consent Order):
Carla Weaver received a $500.00 administrative fine and the Commission closed
the case against Centurion Incorporated, Krista Massad, Centurion Incorporated
(BO), and Thelene Gilmore.
C-2015-050:
Churchill-Brown & Associates, Chanda Dawn Davis (BM), Kermit A.
Brown (BA), and Jennifer Nicole Fields (SA) – Edmond
Violation
by Kermit Brown:
Title 59 O.S. §858-312, Subsection 9
and Rule 605:10-17-4(9) – [Failure to Respond to a Complaint]
There
was no evidence to indicate any violation of the Oklahoma real estate license
code or Rules of the Commission by Churchill-Brown & Associates, Chanda
Davis, and Jennifer Fields.
ACTION:
Kermit Brown received a $750.00 administrative fine and the Commission
dismissed the case against Churchill-Brown & Associates, Chanda Davis, and
Jennifer Fields.
C-2015-006: Allphase Real Estate Incorporated and Sue Ann
Jones (BM) – Oklahoma City*
Violations
by Allphase Real Estate and Sue Jones:
1. Title 59 O.S. §858-312, Subsections 6
and 16, and Rule 605:10-13-(a)(1) – [Failure of Deposit and Account of
Trust/Escrow Funds]
2. Title 59 O.S. §858-312, Subsection 9
and Rule 605:10-13-1(k) – [Bookkeeping System Required]
ACTION:
Sue Ann Jones received a $2,000.00 administrative fine and an order for three
(3) hours of disciplinary continuing education.*Disciplinary
CE due July 24, 2017
C-2014-058: Goldtree
Realty LLC and Chong Iu Phu (BM) – Edmond
Violation
by Chong Iu Phu:
Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-17-4(12) – [Prohibited Dealings]
The
Commission found no violation of the Oklahoma real estate license code or Rules
of the Commission by Goldtree Realty LLC.
ACTION:
Chong Iu Phu received a $750.00 administrative fine and the Commission
dismissed the case against Goldtree Realty LLC.
C-2014-055: Cochran & Associates LLC, Amanda S. Cochran
(BM), and Joyce G. Willis (SA) – Tahlequah
Violations by Joyce Willis:
1. Title 59 O.S. §858-312, Subsection 9,
and Rule 605:10-17-4(16) – [Allowing Access to a Property without Owner’s
Permission]
2. Title 59 O.S. §858-312, Subsection 6,
and Rule 605:10-13-2 – [Duty to Account – Associate]
3. Title 59 O.S. §858-356 – [Disclosures]
4. Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-11-1(a) – [Acting Outside of the Supervision of a
Broker]
The Commission found no violation of
the Oklahoma real estate license code or Rules of the Commission by Cochran
& Associates and Amanda Cochran.
ACTION:
Joyce Willis received a $2,000.00 administrative fine and the Commission
closed the case against Cochran & Associates and Amanda Cochran.
C-2015-043: Briko
LLC, Joseph Allan Peterson (BM), Briko LLC (BO), Rebecca Lynn Ingram (BB),
Michael Lorenzo Adcock (SA), The Property Shop Incorporated, and Jerry Allan
Walker (BM) – Lake Dallas (TX), Oklahoma City, and Tulsa
Violations
by Briko LLC and Joseph Peterson:
1. Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-17-4(6) – [Failure to Supervise]
2. Title 59 O.S. §858-312, Subsection 9,
and Rule 605:10-17-2(b) – [Failure to Respond to the Complaint]
Violations
by Briko LLC (BO) and Rebecca Ingram:
1. Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-17-4(6) – [Failure to Supervise]
2. Title 59 O.S. §858-312, Subsection 9,
and Rule 605:10-17-2(b) – [Failure to Respond to the Complaint]
3. Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-17-4(17) – [Providing False Information During an
Investigation]
Violations
by Michael Adcock:
1. Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-17-4(8) – [Failure to Inform the Buyer (Cost Estimate)]
2. Title 59 O.S. §858-312, Subsections 8
and 9, and Rule 605:10-17-4(17) – [Failure to File a Written Response to the
Complaint]
3. Title 59 O.S. §858-312, Subsection 9,
and Rule 605:10-17-4(12) – [Misidentifying a Company Name as being Associated
with Briko LLC]
There
was no evidence presented to indicate any violation of the Oklahoma real estate
license code or Rules of the Commission by The Property Shop Incorporated and
Jerry Walker.
ACTION (Consent
Order): Briko LLC and Joseph Peterson received a $500.00 administrative
fine; Briko LLC and Rebecca Ingram received a $750.00 administrative fine; Michael
Adcock received a $750.00 administrative fine, and the Commission dismissed the
case against The Property Shop and Jerry Walker.
C-2015-051: Okie Realty by Monica LLC and Monica Hope
Lambert (BM) – Coalgate
Violation
by Okie Realty by Monica LL and Monica Lambert:
Title 59 O.S. §858-312, Subsection 8,
and Rule 605:10-17-4(12) – [Improper Conduct by a Licensee]
ACTION (Consent
Order): Okie Realty by Monica and Monica Lambert received a $2,000.00
administrative fine.
U-2014-009: Destination
Property Management LLC (Unlicensed), Margaret Harshaw (Unlicensed), Sooner
Traditions Realty LLC, and Bart Hunter Miller (BM) – Norman
Violation
by Destination Property Management LLC and Margaret Harshaw:
Title 59 O.S. §858-201, §858-301, and §858-401 –
[Unlicensed Activities, Soliciting for Purposes of Receiving a Commission
or Other Valuable Consideration]
There was no evidence to indicate any violation of the Oklahoma license
code or the Rules of the Oklahoma Real Estate Commission by Sooner Traditions
Realty LLC and Bart Miller.
ACTION (Consent
Order): Destination Property
Management and Margaret Harshaw received a $1,846.00 administrative fine.
November 2016
C-2015-073: Green Country Real Estate Investments
Incorporated, Tommy R. Goodman (BM), and Denise Cecilia Donaldson (BA) – Tulsa
Violation
by Green Country Real Estate Investments Incorporated, Tommy Goodman, and
Denise Donaldson:
Title 59 O.S. §858-312, Subsections 6 and 9, and Rule
605:10-13-1(i) – [Failure to Timely Provide Documents, Items, or Monies to
All Parties]
Respondents Green Country Real Estate Investments
Incorporated, Tommy Goodman, and Denise Donaldson denied any wrongdoing.
ACTION (Consent
Order): Without admission of any
wrongdoing by the Respondents, the Commission assessed an administrative fine
of $500.00 each against Respondents Green Country Real Estate Investments,
Tommy Goodman, and Denise Donaldson.
C-2014-024:
Christopher Michael Jones (BA) – Oklahoma City
Violation
by Christopher Jones:
Title 59 O.S. §858-312, Subsections 8,
9, and 15 – [Improper Conduct, Disregard for Oklahoma Real Estate License Code
or rules, and Unworthiness to Act as a Real Estate Licensee]
ACTION:
Christopher Jones received a $2,000.00 administrative fine, license
probation for two (2) years, and the requirement that he report any future
charges to the Commission within 30 days of the charge/conviction.
December 2016
C-2015-081: Brandon Joshua Horton (BP) – Tuttle
Violations by Brandon
Horton:
1. Title 59 O.S. §858-312,
Subsections 5, 8, and 9 – [Representing a broker without knowledge or Consent]
2. Title 59 O.S. §858-312,
Subsection 9, and Rule 605:10-9-2 – [Office Identification Sign]
ACTION: Brandon Horton received a $3,000.00 administrative fine
with the requirement to provide proof of the removal of material containing
references to the broker within 30 days.
C-2014-044:
Kelly Don Wilson (BM), Leann Weyh (SA), and Timothy John Weyh (SA) – Ardmore
Violation by Kelly
Wilson:
Title 59 O.S. §858-312,
Subsections 8 and 9, and Rule 605:10-17-4(12) – [Prohibited Dealings / Failing
to Prepare a Contract Extension]
Violation by Leann Weyh:
Title 59 O.S. §858-312,
Subsections 8 and 9, and Rule 605:10-17-4(12) – [Prohibited Dealings / Failing
to Prepare a Contract Extension]
Violation by Timothy
Weyh:
Title 59 O.S. §858-312,
Subsections 8 and 9, and Rule 605:10-17-4(12) – [Prohibited Dealings / Failure
to Prepare a Contract Extension]
ACTION (Consent Order): Kelly Wilson received
an administrative fine of $1,000.00 and Leann Weyh and Timothy Weyh consented
to the revocation of their respective Oklahoma real estate sales associate
license.
C-2016-091:
ABW Incorporated, Jennifer Marie Arsenault (BM), and Melissa Barnett (SA) –
Oklahoma City
Violation by Melissa
Barnett:
Title 59 O.S. §858-312,
Subsection 9 and 12 – [Offering Prizes for the Purpose of Influencing a
Purchaser or Prospective Purchaser]
Violation by ABW Incorporated
and Jennifer Arsenault:
Title 59 O.S. §858-312,
Subsection 8 and Rule 605-10-17-4(6) – [Failure to Properly Supervise the
Activities of an Associate]
ACTION (Consent Order): Melissa Barnett, ABW
Incorporated, and Jennifer Arsenault received an administrative fine of $500.00
each.
C-2016-092:
ABW Incorporated, Jennifer Marie Arsenault (BM), and D. Wyatt Poindexter (SA) –
Oklahoma City
Violation by D.W.
Poindexter:
Title 59 O.S. §858-312,
Subsection 9 and Rule 605:10-9-4(b)(3) – [Failure to Ensure Broker’s Prominent
Reference in Advertising]
Violation by ABW
Incorporated and Jennifer Arsenault:
Title 59 O.S. §858-312,
Subsection 8 and Rule 605-10-17-4(6) – [Failure to Properly Supervise the
Activities of an Associate]
ACTION (Consent Order): D. Wyatt Poindexter,
ABW Incorporated, and Jennifer Arsenault received an administrative fine of
$500.00 each.
C-2016-093: ABW Incorporated, Jennifer Marie Arsenault (BM),
and Kenneth Gene Holland (SA) – Oklahoma City
Violation by Kenneth
Holland:
Title 59 O.S. §858-312,
Subsection 9 and Rule 605:10-9-4(b)(3) – [Failure to Ensure Broker’s Prominent
Reference in Advertising]
Violation by ABW
Incorporated and Jennifer Arsenault:
Title 59 O.S. §858-312,
Subsection 8 and Rule 605-10-17-4(6) – [Failure to Properly Supervise an
Associate]
ACTION (Consent Order): Kenneth Holland, ABW
Incorporated, and Jennifer Arsenault received an administrative fine of $500.00
each.
|
