Enforcement | Hearing Disciplinary Action by Date 

The following licensees have disciplinary records on file with AREC.  Click the licensee name to toggle the disciplinary information.
10/10/2016

Malt, Robert C | Principal Broker | Little Rock, AR

10/10/2016 | Hearing No. 3428
Respondent(s): Robert C. Malt, Principal Broker (Expired License), Malt Realty, Little Rock, Arkansas, Consent Order #3428
Violation(s): A.C.A. § 17-42-310(a)(1), § 17-42-310(b), § 17-42-311(a)(5) and Commission Regulations 6.3(b), 7.6(a), 10.7(b)(1), 10.7(b)(3), and 10.16(b)
Sanction(s): Respondent Malt was required to pay a $1,500.00 penalty to the Arkansas Real Estate Commission within thirty (30) days and voluntarily agree to the surrender and revocation of his Arkansas Real Estate License.
     On November 17, 2005, Respondent Malt registered Arkansas Land and Equipment, LLC with the Arkansas Secretary of State and listed Robert Malt whose address is 196 Silverspur Trail, Hot Springs, Arkansas, as the Registered Agent.
     On September 13, 2007, Respondent Malt registered Robert Malt Construction, Inc. with the Arkansas Secretary of State and listed Robert Malt whose address is 196 Silverspur Trail, Hot Springs, Arkansas, as the Registered Agent.
     On July 22, 2015, The Arkansas Residential Contractors Committee issued a Cease and Desist Order for Arkansas Land and Equiment, LLC (registered with the Arkansas Secretary of State on November 17, 2005, with Respondent Malt as Registered Agent) for violation of Arkansas Residential Licensing Law Code Annotated § 17-25-505, operating without a license. Respondent’s business, Arkansas Land and Equipment, LLC, not Respondent Malt, was ordered to pay a civil penalty in the amount of $292,000. Respondent Malt did not report the imposition of the civil penalty to the Commission within thirty days.
     On September 11, 2015, The Arkansas Contractors Licensing Board revoked the Contractor’s License issued to Robert Malt Construction, Inc. (registered with the Arkansas Secretary of State on September 13, 2007, with Respondent Malt as Registered Agent) for violations of Arkansas Contractor’s Licensing Law Code Annotated § 17-25-308 and Regulation 224-25-8(b). A Cease and Desist Order was issued and a civil penalty assessed to Robert Malt Construction, Inc., not Respondent Malt, in the amount of $31,477. Respondent Malt did not report the imposition of the civil penalty to the Commission within thirty days.
     Prior to October 8, 2015, Respondent Malt changed the address of Malt Realty from 111 Apple Blossom Court, Hot Springs, Arkansas to 196 Silverspur Trail, Hot Springs, Arkansas. Respondent Malt verbally informed AREC Supervisor Yvonne Halstead of the new address when she scheduled an office visit. Respondent Malt was asked to complete the address change form located on AREC website and send it to AREC with the required fees within thirty days. Respondent Malt failed to do so.
     On November 24, 2015, Investigator Sullentrup prepared an Office Visit Report for an office visit made to Respondent Malt’s office by AREC Supervisor Halstead and Investigator Sullentrup on October 8, 2015. Three closed transaction files were reviewed and it was found they did not contain HUD-1 or closing statements. Respondent Malt stated Attorney Skip Davidson closed the transactions and he would obtain the prepared settlement sheets and forward them to AREC. One of the closed transaction files did not contain a Listing Agreement. The three pending transaction files reviewed did not contain a Listing Agreement. Respondent Malt stated he had a “Mass Listing Agreement”, but was not able to locate a copy of that agreement. AREC Supervisor Halstead requested Respondent forward the missing information to AREC within thirty days. Respondent Malt did not supply the HUD-1 statements or Mass Listing Agreement as requested.
     On November 25, 2015, Investigator Sullentrup mailed a letter to Respondent Malt and requested he provide the missing Settlement Statements and the “Mass Listing Agreement”. Investigator Sullentrup also requested notification of the decisions of the Arkansas Contractor’s Licensing Board on July 22, 2015, and September 11, 2015, and a letter of explanation no later than December 7, 2015. Respondent Malt did not reply as requested.
     Respondent Malt’s Broker License expired January 1, 2016. On January 28, 2016, a website, www.maltrealty.info included advertisements for properties listed with Malt Realty. The website listed Executive Broker Kris Tortorice and Salesperson Kathy Bonner as licensed with Malt Realty. Executive Broker Tortorice’s license had previously been transferred to Lake Hamilton Realty on April 6, 2015. Salesperson Bonner’s license had previously been transferred to Sperry Van-Ness Ark Best Realty on April 28, 2015. Upon an internet search July 26, 2016, the website, www.maltrealty.info had been removed from the internet.
07/12/2016

Nash, Eric C | Principal Broker | Little Rock, AR

07/12/2016 | Hearing No. 3434
Respondent(s): Eric C. Nash, Principal Broker, Nash Realty, Inc., Little Rock, Arkansas, Formal Hearing #3434
Violation(s): A.C.A. § 17-42-311(a)(2) and § 17-42-311(a)(13), and Commission Regulations 10.10(a) and 10.10(c)
Sanction(s): Respondent Nash was ordered to pay a $500.00 penalty to the Arkansas Real Estate Commission within thirty (30) days, and complete the Arkansas Real Estate Commission 45-hour broker pre-license course and the 30-hour broker post-license course.
     On or about October 15, 2014, Respondent or a representative of Respondent’s firm prepared a Residential Lease/Rental Agreement, a Real Estate Contract and a Non-Representation Disclosure Addendum between two parties, neither of whom he was acting on behalf of as a real estate broker. Complainant Griffin owned the property identified in the agreements as 4521 Timberland Drive, Little Rock, AR.
     On March 29, 2016, Respondent was offered a Consent Order in lieu of ordering a hearing.
     On April 20, 2016, Respondent requested a formal hearing in lieu of agreeing to the Consent Order.
Complainant Griffin agreed to allow Gabon Contreras, a contractor to occupy her property at 4521 Timberland Drive, Little Rock, AR. Respondent Nash agreed to reduce Complainant’s agreement to writing.
     On or about October 15, 2014 Respondent or a representative with Respondent’s firm prepared a Residential Lease/Rental Agreement which identified Complainant Tedra Griffin/Reginald E. Myers (RV LV Trust) as the authorized agent of the owner even though Complainant Tedra Griffin/Reginald E. Myers (RV LV Trust) was referred to as “Owner” of the subject property elsewhere in the agreement. The tenant was identified as Lucina Reyes-Lopez who was the mother of Gabon Conteras. Neither the Respondent, the Respondent’s firm, nor any agent licensed under the Respondent was identified as a broker, agent or property manager for the transaction.
     The Residential Lease/Rental Agreement provided that the tenant would pay a security deposit of $5,000 which would be held by Management in a non-interest-bearing trust account. Complainant Griffin was identified on page 6 of the agreement as “Management as Authorized Agent of Owner”. The buyer remitted Cashiers Check 5500818605 on Regions bank in the amount of $5,000 directly to Complainant Tedra Griffin/Reginald Eugene Myers Revocable Living Trust. Complainant Griffin never intended or agreed to deposit the security deposit into a non-interest bearing trust account and the proceeds were never held in a non-interest bearing trust account.
     Paragraph 11. ALTERATIONS AND ADDITIONS: of the Residential Lease/Rental Agreement prohibited the tenant from making any alteration to the property without the express prior written permission of Management.
     Paragraph 26. SPECIAL CONDITIONS. stated “This Contract acts as a Lease with Purchase Option. The buyer is required to put a 10% down payment towards the purchase price of $ 75,000 (sic). The $7500 is divided into two (2) installments. The $5000 down payment was received on 10/15/14 and the 2nd installment of $2500 will be paid on March 15, 2014. See Real Estate Contract (Residential) Serial # 028759-500141-3391667”. The date for the 2nd installment was in error and should have read March 15, 2015.
     On or about October 15, 2014 Respondent or a representative of Respondent’s firm prepared a Real Estate Contract (Residential), Serial number 028759-500141-3391667 which identified Complainant Tedra Griffin/R.E. Myers (RV LV Trust) as the seller and Lucina Reyes-Lopez as the buyer. The selection of Item E of paragraph 4 of the contract indicated there was no agency representation provided to the parties by Respondent, Respondent’s firm or any agent licensed under the Respondent.
     Paragraph 3. PURCHASE PRICE: stated “The seller agrees to Owner Finance with 0% interest over a period of 5 years to Buyer with monthly installments of $775.00. See Lease Addendum.” The closing date was set for October 31, 2019. The transaction did not involve a present conveyance of fee simple absolute between the parties.
     Paragraph 3. PURCHASE PRICE: indicated the buyer was to pay $7,500 in cash at Closing as a down payment. Paragraph 23. POSSESSION, by the selection of Item B, the buyer’s possession was to occur after the buyer delivered the purchase price funds required to be executed pursuant to the terms of the contract. The buyer never paid the $7,500 down payment.
     Gabon Conteraras, a contractor, had done work for Respondent’s real estate firm. After the contract was signed Conteraras began construction on the Complainant’s property. Complainant had not authorized Conteraras to perform construction or to alter the property.
     On or about October 15, 2014 Respondent or a representative of Respondent’s firm prepared a Non-Representation Disclosure Addendum between Buyer/Lessee Lucina Reyes-Lopez and Complainant Tedra Griffin/Reginald E. Myers Revocable Living Trust.
POPE COUNTY BAR ASSOCIATION, INC v. SUGGS
274 Ark, 250, 624 S.W.2d 828 (1981)
Arkansas Supreme Court
SC-1. In Pope County Bar Association, Inc. v. Suggs, before the Arkansas Supreme Court, the Chancellor held that real estate brokers could fill in the blanks of certain standardized, printed forms in connection with simple real estate transactions, provided they had been previously prepared by a lawyer. The chancellor approved the use of standard warranty deeds, quitclaim deeds, release deeds, bills of sale, lease agreements and mortgages with power of sale under six specific restrictions:
          (1) “That the person for whom the broker is acting has declined to employ a lawyer to prepare the necessary instruments and has authorized the broker to do so; and
          (2) That the forms are approved by a lawyer either before or after the blanks are filled in but prior to delivery to the person for whom the broker is acting; and
          (3) That the forms shall not be used for other than simple real estate transaction which arise in the usual course of the broker’s business; and
          (4)That the forms shall be used only in connection with real estate transactions actually handled by such brokers as a broker; and
          (5) That the broker shall make no charge for filling in the blanks; and
          (6) That the broker shall not give advice or opinions as to the legal rights of the parties as to the legal effects of instruments to accomplish specific purposes or as to the validity of title to the real estate.”
SC 2. By amendment, the decree was modified to define a “simple real estate transaction” as:
          “…those which involve a direct, present conveyance of a fee simple absolute between parties, which becomes effective immediately upon delivery of the title document. Such transactions do not include conveyances involving reservations or provisions creating life estates, limited or conditional estates, contingent or vested remainders, fee tails, easements or right-of-way grants, or any other conveyance of future, contingent or limited interest.”
 
     NOTE: Due to this being a unique hearing regarding the Pope county case, the following applicable verbiage from the Conclusions of Law is included.
     Respondent prepared a Residential Lease/Rental Agreement between two parties without acting as a broker for any party in the transaction. A restriction of Pope County Bar Association, Inc. v Suggs allows real estate brokers to complete forms used only in connection with real estate transactions actually handled by brokers as a broker. By completing a contractual agreement for a transaction in which he was not involved as a broker Respondent operated outside the usual course of a broker’s business. Respondent’s conduct constitutes improper dealings.
     Respondent prepared a Real Estate Contract (Residential) and a Non-Representation Disclosure Addendum between two parties without acting as a broker for any party involved in the transaction. A restriction of Pope County Bar Association, Inc. v Suggs allows real estate brokers to complete forms used only in connection with real estate transactions actually handled by brokers as a broker. By completing a contract for a transaction in which he was not involved as a broker Respondent operated outside the usual course of a broker’s business.

Payne, Jimmy | Principal Broker | Fayetteville, AR

07/12/2016 | Hearing No. 3440
Respondent(s): Jimmy Payne, Principal Broker (Revoked), All Real Estate, LLC, Fayetteville, Arkansas, Formal Hearing #3440
Violation(s): A.C.A. § 17-42-311(a)(13), §17-42-311(a)(11), § 17-42-311(a)(2), § 17-42-311(a)(6), § 17-42-316(b)(2)(I), § 17-42-311(a)(7), and Commission Regulations 8.5(a), 10.10(a), 10.8(b) and (c), and 10.12(a)
Sanction(s): The Arkansas Real Estate Commission has unanimously determined to revoke Respondent Jimmy Payne’s license. Based upon the guidelines of Arkansas Code Annotated § 17-42-312, the Commission assessed a fine of $1,000.00 per violation, for a total fine of $11,000.00 against Respondent Payne.
Recovery Fund Order: Respondent Jimmy Payne is ordered to pay $4,100.00 to Complainant Swink, in a period not to exceed thirty (30) days. If Respondent Payne fails to make such payment, payment will be made through the Recovery Fund.
     On or about July 26, 2011, the owner of property located at 1904 College Avenue, Fayetteville, Arkansas entered into an Exclusive Right-to-Sell (Commercial) agreement with Lindsey and Associates of Fayetteville, Arkansas through Salesperson Robert (Bob) Hopmann. Through multiple extensions, the Exclusive Right-to-Sell agreement remained in effect at all times pertinent to this matter. (NOTE: Neither Salesperson Hopmann nor Lindsey & Associates were subjects of this investigation.)
     On or about September 1, 2012, Complainant W. Brooks Swink was served with an eviction notice to vacate the property he was leasing by November 15, 2012 necessitating that Complainant Swink locate a property into which he could move his business operation.
     On or about October 1, 2012, at Respondent’s instruction, Complainant signed an incomplete Exclusive Agency Agreement (Commercial). Upon completion, the Exclusive Agency Agreement (Commercial) stated it was to expire on October 30, 2013, at 12:59 p.m., unless extended by Client and Broker.
     On or about October 3, 2012, Respondent signed a statement affirming the Respondent received $2,500 from Complainant’s business, Brooks Graphics, for a deposit on investment property located at 1904 N. College Avenue, Fayetteville, Arkansas. Complainant remitted Cashier’s Check 3106127 dated October 2, 2012 to Respondent’s firm, All Real Estate for $2,500. Respondent did not reduce to writing the agreement and terms by which Complainant agreed to pay the deposit. Respondent did not deposit the funds into his trust account or with an escrow agent.
     On or about October 19, 2012, Respondent signed receipt No. 486707 for $475 paid by Complainant for an Inspection conducted on 1904 N. College. On or about October 20, 2012, a home inspector of Fayetteville, Arkansas, issued an invoice for $475 for the inspection. Respondent did not reduce to writing the agreement and terms by which Complainant agreed to pay for the inspection.
     On or about November 1, 2012, at Respondent’s instruction, Complainant signed an incomplete Exclusive Buyer Agency Agreement. Upon completion, the Exclusive Buyer Agency Agreement stated a beginning date of November 1, 2012 with an expiration date of November 31, 2013. Item #6 B of the Exclusive Buyer Agency Agreement stated the Selling Firm’s fee was $12,500 for professional services rendered. Item #9 stated, “Buyer may cancel this Exclusive Buyer Agency Agreement prior to its expiration only after: 1) Buyer has provided written notice to Selling Firm, sent by United States certified mail, return receipt required, and seven calendar days have elapsed since such written notice was received by Selling Firm. Upon the date of cancellation, Buyer shall be liable to Selling Firm for a cancellation fee equal to the liquidated sum of $12,500…” Item #15 stated ‘This agreement is also good on any other property which was found from $200,000 to $300,000 and/or a rental property with payments of “$100 to $2,000’ per month with the buyer having the right to buy at a later date.” Respondent altered Item #15 which originally stated “$1,000 to $2,000 per month” because Complainant rented a property for less than $1,000 per month.
     On or about November 2, 2012, Respondent signed receipt No. 486709 for $500 paid by Complainant for electric work. The receipt did not identify a property for which the electric work was to be done. On or about November 2, 2012, the home inspector issued an invoice for $500 for the electric work. Respondent did not reduce to writing the agreement and terms by which Complainant agreed to pay for the electric work. The electrical work was never done.
     Respondent signed receipt No. 486708 for $1,600 paid by Complainant for “A. C. Work”. The receipt did not identify a property. Respondent did not provide a copy of an invoice for the work. Respondent had not reduced to writing the agreement and terms by which Complainant agreed to pay for the “A. C. Work”.
     On or about November 16, 2012, at Respondent’s instruction, Complainant signed an incomplete Real Estate Contract (Commercial) for the subject property. Upon completion, the contract stated a purchase price of $300,000. Complainant never agreed to offer $300,000 for the property. Real estate contract Item #19, titled AGENCY, indicated that the LISTING FIRM AND SELLING FIRM ARE THE SAME AND REPRESENT BOTH BUYER AND SELLER and was signed by Respondent Broker Payne as the Selling Agent and the Listing Agent. Respondent did not have an agency agreement with the seller and did not represent the seller. Respondent did not present Complainant’s offer to the seller or to the seller’s agent. Complainant had assumed that the closing date was to be November 18, 2012. Item #11 of the Real Estate Contract stated “A.S.A.P.” as the closing date.
     On or about the end of November 2012, Complainant requested the funds Complainant had paid to Respondent be returned. Respondent did not remit the funds to the Complainant. Respondent claims the funds were applied to the $12,500 cancellation fee included in the Exclusive Buyer Agency Agreement. Complainant never executed a cancellation of the Exclusive Buyer Agency Agreement.
07/11/2016

Candelaria, James | Salesperson | Van Buren, AR

07/11/2016 | Hearing No. 3442
Respondent(s): James Candelaria, Salesperson, Kevin Clifton Real Estate, Inc., Van Buren, Arknasas, Consent Order #3442
Violation(s): A.C.A. §17-42-311(a)(2) and Commission Regulation 10.16(a)
Sanction(s): Respondent Candelaria was required to pay a $500.00 penalty to the Arkansas Real Estate Commission within ninety (90) days.
     On or about April 15, 2015, Respondent Candelaria entered into an Agreement Without Appearance with the Arkansas Residential Contractors Committee for performing work as a contractor while the Respondent was not a licensed residential contractor. Respondent Candelaria was sanctioned with a fine of $4,600 which was reduced to $2,300 if there are no further violations for three years.
     Respondent Candelaria failed to report the above disciplinary action to the Commission within thirty (30) days of that action.

Young, Carey G | Salesperson | Bryant, AR

07/11/2016 | Hearing No. 3432
Respondent(s): Carey G. Young, Salesperson, Truman Ball and Associates, Bryant, Arkansas, Formal Hearing #3432
Violation(s): A.C.A. § 17-42-311(a)(2), § 17-42-311(a)(7), and Commission Regulation 10.16(b).
Sanction(s): Mr. Young was required to attend the Arkansas real estate pre-license law portion of the pre-licensing course, and then take the exam and pass that exam.
 
     On or about October 9, 2014, a Default Judgment was issued against Respondent Young in the Circuit Court of Pulaski County, Arkansas, Sixth Division “in the sum of $58,143.00 plus $3,000 attorney fee, interest in the sum of $634.00 together with cost herein expended for all of which garnishment, execution, and attachment may issue. This judgment bears interest at a rate of 10% per annum from the date of entry until paid.”
     On or about January 28, 2015, the Arkansas Residential Contractors Committee found as FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER, that Respondent Carey Young was guilty of violating A. C. A. Section 17-25-505, entitled “License from committee required.”
     Respondent Young failed to report the above action to the Arkansas Real Estate Commission within thirty (30) days of that conviction.
06/06/2016

Minks, Kevin | Salesperson | Fort Smith, AR

06/06/2016 | Hearing No. 3437
Respondent(s): Kevin Minks, Salesperson, Richards Commercial Real Estate, Fort Smith, Arkansas, Consent Order #3437
Violation(s): A.C.A. §17-42-311(a)(2) and Commission Regulations 10.5(a) and 10.5(b)
Sanction(s): Respondent Minks was ordered to pay a $500.00 penalty to the Arkansas Real Estate Commission and complete the Arkansas Real Estate Commission eighteen (18) classroom hour Salesperson Post License Course. Respondent Minks must also complete the AREC workshop in Property Management upon availability.
     Prior to his licensure as a Salesperson, on or about August 11, 2011, Respondent Minks registered Preferred Property Management, Inc. with the Arkansas Secretary of State to operate and manage rental properties owned by the corporation in which he was a principal.
    Respondent Minks was issued a Real Estate Salesperson license on February 19, 2014. From February 19, 2014 to October 12, 2015, Respondent Minks was licensed with Richards Commercial Real Estate, Fort Smith, Arkansas. Respondent Minks transferred his Salesperson License to Chuck Fawcett Realty Inc, Fort Smith, Arkansas on October 12, 2015, and is presently licensed as such.
     Respondent Minks, while licensed as a Salesperson with Richards Commercial Real Estate, conducted property management activities for another person for expectation of compensation, under the name of Preferred Property Management, Respondent’s own business located at 2026 Dodson, Fort Smith, Arkansas. Respondent Minks entered into a property management contract, under the name of Preferred Property Management, with an owner of property in which Respondent had no ownership interest.
     On December 17, 2015, Respondent Minks advertised property for rent with Preferred Property Management. The website listed Richards Commercial Real Estate as the Broker. Respondent Minks was not licensed with Richards Commercial Real Estate at the time of this advertisement.

Richards, Brian | Principal Broker | Fort Smith, AR

06/06/2016 | Hearing No. 3438
Respondent: Brian Richards, Principal Broker, Richards Commercial Real Estate, Fort Smith, Arkansas, Consent Order #3438
Violation(s): A.C.A. §17-42-311(a)(2) and Commission Regulations 10.4 (b), 10.5(a), (b), and (c)
Sanction(s): Respondent Richards was required to pay a $500.00 penalty within thirty (30) days and must complete the Arkansas Real Estate Commission 45 classroom hour Broker Pre-license course and 30 classroom hour Broker Post-license course.
     February 19, 2014, Salesperson Kevin Minks became licensed with Respondent Richards’ firm, Richards Commercial Real Estate. With Respondent’s knowledge, Salesperson Minks managed property for another person for compensation under the name of Preferred Property Management located at 2026 Dodson, Fort Smith, Arkansas.
     On December 17, 2015, Respondent Richards allowed Salesperson Minks to advertise property for rent with Preferred Property Management. The website listed Richards Commercial Real Estate as the Broker. Salesperson Minks was not licensed with Richards Commercial Real Estate at the time of this advertisement.
02/08/2016

Yarbrough, David | Principal Broker | Fort Smith, AR

02/08/2016 | Hearing No. 3423
Respondent(s): David Yarbrough, Principal Broker, Yarbrough and Yarbrough, Fort Smith, Arkansas, Formal Hearing #3423
Violation(s): A.C.A. §17-42-311(a)(11), §17-42-311(a)(2), §17-42-310(a)(1), §17-42-311(a)(6), and Commission Regulations 10.22(g), 10.7(b)(2), 10.19(a)(9), 10.19(b), 9.2(b), 7.3(a), 7.3(d), 7.3(e), 7.6(a), 10.10(b), 10.10(a), 10.8(g)(2), 10.7(b)(3), and 10.8(g)(3)
Sanction(s): Respondent David Yarbrough’s license was suspended until (1) the Complainant receives rent and management history that is brought up to date and all funds due to the Complainant are paid; (2) all records requested by AREC staff are received; and (3) there is a full reconciliation of all trust accounts made available to the Arkansas Real Estate Commission’s Executive Director. Additionally, Mr. Yarbrough was required to pay a $500 fine and must attend the first available property management education and training course offered by the Commission. If those requirements were not met within a ninety (90) day period upon receipt of this Order, Respondent David Yarbrough’s license shall be revoked. NOTE: By letter dated June 15, 2016, Executive Director Gary Isom advised Respondent Yarbrough that his license was revoked.
(Complainant Gerald McClellan d/b/a Treasure Map Investments II, LLC)
     In 2002, Complainant McClellan purchased the subject property, 2320 N. 55th Lane, Fort Smith, Arkansas using the services of Respondent Yarbrough. Complainant McClellan entered into an agreement with Respondent Yarbrough to manage subject property.
     From March 2013 through April 2014, Complainant McClellan did not receive monthly rental reports or monthly rental proceeds from Respondent Yarbrough for the subject property. On or about May 21, 2014, at Complainant’s request, Respondent provided a 2013 year end rental statement and a 2014 year to date rental statement. Respondent Yarbrough issued Check # 9455 in the amount of $3,017.72 to Complainant for net rent amount due for the period March 2013 through April 2014.
     On or about May 21, 2014, Respondent Yarbrough provided to Complainant a list of expenses deducted for
repairs for the subject property. Respondent failed to provide Complainant and the Real Estate Commission copies of invoices from vendors substantiating those expenses.
     Complainant McClellan entered into a new Property Management Agreement with Respondent Yarbrough on or about May 21, 2014, Respondent Yarbrough did not sign the Property Management Agreement. Complainant McClellan was not provided copies of any lease agreements or monthly rental statements on the subject property.
     On or about July 21, 2014, Complainant McClellan received a direct deposit to his bank account in the amount of $603.00 from Respondent Yarbrough, but never received a statement displaying that amount. Complainant McClellan did not receive further rent distributions or monthly reports for the subject property.
     March 25, 2015, Complainant McClellan’s attorney sent a letter to Respondent Yarbrough and requested a full accounting of costs and rents for the subject property. Respondent Yarbrough did not supply the information.
     May 20, 2015, Complainant McClellan entered into a Property Management Contract with another company.
     By letter dated September 21, 2015, AREC mailed Complainant McClellan’s complaint to Respondent Yarbrough. Respondent Yarbrough did not file a written response. By letter dated October 5, 2015, AREC mailed Complainant McClellan’s complaint via certified mail to Respondent and requested a response within five days of receipt of the documents. Respondent signed for the documents on or about October 22, 2015. Respondent did not file a written answer to the complaint.
(Arkansas Real Estate Commission)
     AREC Supervisor Halstead and Investigator Sullentrup scheduled an office visit to Respondent Yarbrough’s office in Fort Smith, Arkansas on August 13, 2015. The purpose of the meeting was to conduct an office review of transaction files, trust account records and to discuss Complainant McClellan’s complaint. Respondent Yarbrough requested they meet him at the Library in Fort Smith and stated he had moved offices but the new office was not ready. AREC Supervisor Halstead informed Respondent Yarbrough he had thirty days to provide a change of business location and picture of his sign to AREC. Respondent did not supply the new office location information and picture of sign to AREC until January 4, 2016.
     Respondent Yarbrough did not bring any transaction files to be reviewed to the meeting. Respondent Yarbrough brought bank statements for 2013 and 2014 for his Trust Account to the meeting. None of the monthly statements had been reconciled to his check register. AREC Investigator Sullentrup provided Respondent Yarbrough a list of property addresses for both sales transactions and property management transactions for which Respondent was requested to provide copies of his files to AREC. Respondent was requested to provide bank reconciliations for the Trust Account for December 2014 and July 31, 2015, along with a listing of total Trust Funds being held for both property management and pending sales transactions for the same dates. AREC Supervisor Halstead requested that Respondent Yarbrough provide the information within thirty days. This information was not provided as requested.
     On or about September 9, 2015, Respondent Yarbrough provided Investigator Sullentrup the pending transaction file for 503 E. Broadway, Huntington, Arkansas. The Real Estate Contract indicated Respondent represented both Buyer Eliad Properties, LLC and Seller. Respondent provided an Agency Representation Disclosure Form signed by Buyer without any type of agency relationship disclosed. Respondent Yarbrough informed AREC Investigator Sullentrup that his agency relationship with the Buyer was non-exclusive and therefore not reduced to writing. Respondent did not provide AREC Investigator Sullentrup a substantial justification for not reducing the agency agreement to writing. Respondent Yarbrough failed to date the acceptance of the Real Estate Contract.
     On or about September 10, 2015, Respondent Yarbrough provided Investigator Sullentrup a pending transaction file for 4109 Marshall Drive, Fort Smith, Arkansas. The Real Estate Contract indicated Respondent represented both Buyer Eliad Properties, LLC, and Seller. Respondent provided an Agency Representation Disclosure Form signed by Buyer without any type of agency relationship disclosed. Respondent Yarbrough informed AREC Investigator Sullentrup that his agency relationship with the Buyer was non-exclusive and therefore not reduced to writing. Respondent Yarbrough failed to list a commission amount or percentage on the Exclusive Right to Sell Agreement. The HUD-1 reflected Respondent was paid a commission of $1,650 by the Seller.
     By email dated September 10, 2015, Investigator Sullentrup requested that Respondent Yarbrough send additional documents by September 18, 2015. Respondent Yarbrough failed to provide the additional items as requested.
01/11/2016

McBride, Sheri | Salesperson | Springdale, AR

01/11/2016 | Hearing No. 3418
Respondent(s):Sheri McBride, Salesperson (License Expired), Springdale, Arkansas, Consent Order #3418
Violation(s): A.C.A. §17-14-311(a)(2), §17-42-311(a)(4), and Commission Regulations 10.1(b), 10.5(a), 10.5(b), 10.7(a)(1), and 10.10(c).
Sanction(s): Respondent McBride’s license was hereby revoked. In the event Respondent applies for a Real Estate License in Arkansas or any other state; or, engages in unlicensed real estate activity, a fine shall be imposed upon Respondent in the amount of $5,000.00.
     Respondent McBride was listed a registered agent of ABS Properties, LLC which was filed with the Arkansas Secretary of State’s office on or about March 15, 2002.
     In December 2012, Respondent met with owner Complainant Black of property located at 51 Nantucket Drive, Bella Vista, Arkansas to discuss an arrangement whereby Respondent would assist owner Complainant Black in the sale of the subject property. Respondent did not have the permission of her Principal Broker of Beck Haus Realtors to assist the owner in the sale of the subject property.
     On or about February 2, 2013, Respondent placed an advertisement for Complainant Black’s property on Craigslist.com. The advertisement included the telephone number for ABS Properties, LLC. The advertisement did not show the name of Mathias Properties, the real estate firm with which Respondent was licensed. The Respondent’s Principal Broker had not given permission to the Respondent to advertise the property.
     On or about February 6, 2013, tenant Complainant Brandon responded to the Craigslist advertisement. On or about February 28, 2013, owner Complainant Black and tenant Complainant Brandon entered into a Residential Lease with Option to Purchase for the property at 51 Nantucket Drive, Bella Vista Arkansas. Respondent McBride prepared the contract and conducted all activities in this transaction without the permission of her Principal Broker of Mathias Properties. Respondent McBride is not a licensed attorney and was not acting as a licensed salesperson of Mathias Properties.
     On or about February 28, 2013, tenant Complainant Brandon gave Respondent cashier’s check #0374735 made payable to ABS Properties, LLC in the amount of $3,749 for one month’s rent and $3,000 for the down payment of the lease to purchase agreement for the property. The cashier’s check was deposited into Respondent’s checking account for ABS Properties, LLC. Respondent did not deliver the payment to her Principal Broker.
     On or about February 28, 2013, Respondent tendered check #1675 in the amount of $1,249 payable to owner Complainant Black, written on the checking account of ABS Properties, LLC for one month’s rent and $500 POA dues for 2013. On or about June 17, 2013, Respondent’s Principal Broker Helmer and Designated Broker Russell learned of Respondent’s transaction with owner Complainant Black and tenant Complainant Brandon. Upon request of Principal Broker Helmer, on or about June 19, 2013, Respondent emailed Designated Broker Russell a copy of check #1675 from ABS Properties, LLC to Complainant Black. The check which was emailed by Respondent had been altered to show the amount of $3,749.
     On or about January 13, 2013, Owner Complainants Edgemon of 37 Queensferry Circle, Bella Vista, Arkansas entered into a Lease Agreement with the Option to Purchase Real Estate with Respondent of ABS Properties, LLC as the tenant and potential buyer of the Complainants’ property. On or about January 16, 2013, Linda Renee and Anna Cohen as tenants and potential buyers entered into a Lease Agreement with Option to Purchase Real Estate for 37 Queensferry Circle, Bella Vista, Arkansas with Respondent and ABS Properties, LLC as landlord and seller. Respondent had not obtained permission of her Principal Broker of Mathias Properties to engage in the real estate activities involving 37 Queensferry Circle, Bella Vista, Arkansas.

Zieser, Phillip | Unlicensed | Forsyth, MO

01/11/2016 | Hearing No. 3417
Respondent(s): Phillip Zieser, (Unlicensed), Ozark Liquidation, Inc., Forsyth, Missouri, Formal Hearing #3417 Violation(s): A.C.A. A.C.A. §17-42-105(a)(1) and §17-42-109. Sanction(s): Respondent Zieser was ordered to pay restitution to Complainant Regina Threet in the amount of $5,495.00, a civil penalty fine to the Commission of $5,000.00, costs of the Formal Hearing, and shall not be approved for resident or nonresident license prior to the application being reviewed and approved by the Commission, and prior to restitution, civil penalty, and hearing costs being paid in full. Respondent Phillip Zieser is Registered Agent, CEO, President and owner of Ozark Liquidation, Inc., 155 Main Street, Forsyth, Missouri. Ozark Liquidation, Inc. was originally filed with the Missouri Secretary of State as Ozark Liquidation, LLC and converted to Ozark Liquidation, Inc. on May 16, 2012. Acting through representatives of Ozark Liquidation Inc. or Ozark Liquidation, LLC., Respondent held himself out as being engaged in the business of selling, exchanging, leasing or procuring of prospects calculated to result in the sale of real estate, specifically time-share, utilizing ownership liquidation, transfer by deed or title transfer. On or about November 8, 2011, a representative of Ozark Liquidation, Inc. met Complaintant Threet, a resident of Little Rock, Arkansas, at a location in Little Rock, Arkansas. At this meeting a representative of Ozark Liquidation, Inc. entered into an agreement by which Complainant agreed to transfer her ownership of three Wyndham timeshares out of her name through a liquidation process and to pay all transfer, estoppels, recording and title insurance fees. The agreement stated, “…OZARK LIQUIDATION RESERVES THE RIGHT TO DISPOSE OF ABOVE TIMESHARE PROPERTY IN ANY MANNER NECESSARY TO COMPLETE THE LIQUIDATION PROCESS.” The agreement stated that the Cost of Liquidation for Complainant was $2,500 and indicated Complainant paid that amount by check number 3304. Complainant wrote a check numbered 3303, dated November 8, 2011, to Ozark Liquidation for $2,500. Complainant also wrote check number 3304, dated November 8, 2011, for $2,500, payable to Ozark Liquidation. Complainant also wrote check number 3305, dated November 8, 2011, for $2,500, payable to Ozark Liquidation. The agreement that the representative of Ozark Liquidation, Inc. entered into with Complainant stated the timeshare property would be transferred out of Complainant Threet’s name by the end of the usage year in which the Complainant had relinquished her rights. The contract further stated that Complainant Threet relinquished all usage rights to the timeshare properties beginning 2011. On or about November 15, 2011, Complainant Threet received a letter by email from Renee Nichols of Ozark Liquidation, Inc. The letter indicated that a company called Sumday Vacations would assist Ozark Liquidation to liquidate Complainant’s timeshare properties. In the letter, Complainant Threet was requested to send a copy of the most current RECORDED deed or purchase contract to Ozark Liquidation to expedite the liquidation of Complainant’s timeshare properties. A Sumday Vacations agreement between a representative of Ozark Liquidation, Inc. and Complainant stated, “…the property shall be granted, conveyed, or assigned to Sumday Vacations, or such other entity or person, as may be designated in such a manner as to pass legal title to Grantee or Assignee…” On or about May 24, 2012, Complainant received a letter from a representative of Ozark Liquidation, Inc., which enclosed a deed to transfer the Complainant’s ownership of her timeshare property in accordance with the Complainant’s liquidation service contract dated 11/18/2011. Complainant was requested to sign the deed and return it to Ozark Liquidation, LLC. The letter stated, “The new owner’s information will be inserted in an appropriate timeframe…”. On or about April 3, 2013, after her ownership in all of her timeshare properties had not been successfully transferred or liquidated by Ozark Liquidation, Inc., Complainant requested that the $5,000 she paid to Ozark Liquidation, Inc. be returned. By letter dated September 25, 2013 to Respondent Zeiser, Complainant requested that the $5,000 she had paid to Ozark Liquidation, Inc. be refunded. On or about March 14, 2012, Complainant received an email and letter from Casey Burch, Director of Administration of Ozark Liquidation, LLC indicating that $2,005 was being refunded to Complainant by check, which represented $2,500 minus administrative fees of $495.
11/02/2015

Culver, Edie | Salesperson (Inactive) | Fayetteville, AR

11/02/2015 | Hearing No. 3412
Respondent(s): Edie Culver (Mulvey) (Inactive Salesperson), Fayetteville, Arkansas, Formal Hearing #3412 Violation(s): A.C.A. § 17-42-310(b), § 17-42-311(a)(2) and Commission Regulations 6.2(b) and 10.16(a). Sanction(s): Respondent ’s license was revoked. On or about May 21, 2012, Respondent Culver (Mulvey) was found guilty of Domestic Assault 3rd. Respondent did not make a written report to the Commission within thirty (30) days of the incident. During 2014 Respondent Culver (Mulvey) was found guilty of DUI in Missouri. Respondent did not make a written report to the Commission within thirty (30) days of the incident. Respondent Culver (Mulvey) moved while licensed and failed to notify the Commission in writing within seven (7) days of any change of address.
10/05/2015

Bascom, Kim | Unlicensed | Branson, MO

10/05/2015 | Hearing No. 3409
Respondent(s): Kim Bascom, (Unlicensed), Branson Vacation Land, LLC, Branson, Missouri, Formal Hearing #3409 Violation(s): A.C.A. §17-42-105(a)(1) and §17-42-109. Sanction(s): Respondent is required to pay a penalty of $5,000.00, plus costs of the hearing, as determined by the Executive Director. Additionally, Mr. Bascom and/or Branson Vacation Land, LLC, was ordered to reimburse Ms. McDougal the $149.00 paid. Respondent Kim Bascom is Registered Agent and owner of Branson Vacation Land, LLC. Acting through representatives of Branson Vacation Land, LLC., Respondent held himself out as being engaged in the business of selling or procuring of prospects calculated to result in the sale of real estate, specifically time-share. On or about September 23, 2011, a representative of Branson Vacation Land, LLC called Complainant McDougal, a resident of Jacksonville, Arkansas, at Complainant’s home to arrange a vacation during which the Complainant would be required to attend a 90 minute presentation. Complainant McDougal was informed by the caller that the presentation would be about time-share property. On or about September 23, 2011, Complainant’s credit card was charged $149 for the Unit Cost of the offering. Documentation mailed to the Complainant stated “All packages are good for up to 18 months from the date of purchase.” After being charged the $149 fee, sometime early in 2013, Complainant called to book her vacation and was informed at that time that she did not qualify for the offering because of her income limitations. Complainant requested a refund of the $149 fee. Complainant did not receive a refund of the $149 fee.

Valentin, Joel | Salesperson (Inactive) | Springdale, AR

10/05/2015 | Hearing No. 3408
Respondent(s): Joel Valentin, Salesperson (Inactive), Springdale, Arkansas, Formal Hearing #3408 Violation(s): A.C.A. § 17-42-311(a)(3), §17-42-311(a)(2), and §17-42-311(a)(11). Sanction(s): Respondent ’s license was revoked. On December 23, 2013, Respondent Valentin, in The United States District Court Western District of Arkansas Fayetteville Division, pleaded guilty to a one count indictment charging him with Making and Causing to be Made False Statements to a Financial Institution, in violation of 18 U.S.C. §§ 1014 and 2. A. On or about December 23, 2013, and, on or about September 18, 2014, Respondent Valentin requested through his attorney, Bob Estes, “the Commission initiate an investigation and schedule a hearing to determine what sanctions, if any will be had.” On September 8, 2014, In the United States District Court Western Division of Arkansas, Respondent Valentin was sentenced to be imprisoned for twelve (12) months, consisting of six (6) months imprisonment followed by six (6) months of home confinement and eighteen (18) months supervised release upon release from imprisonment. Respondent Valentin was also ordered to make restitution in the amount of $178,343.85. Respondent was released from prison custody on March 27, 2015. Respondent is due to be released from home confinement on September 29, 2015.
08/10/2015

Payne, Jimmy | Principal Broker | Fayetteville, AR

08/10/2015 | Hearing No. 3399
Respondent: Jimmy Payne, Principal Broker, All Real Estate, LLC, Fayetteville, Arkansas, Formal Hearing #3399 Violation(s): A.C.A. § 17-42-311(a)(2), §17-42-311(a)(11), § 17-42-311(a)(6) and § 17-42-316(b)(2)(I) and Commission Regulations 10.7(b)(1), 10.7(b)(3), 8.5(a), 10.8(b), 10.8(c), 10.8(g)(1), and 10.10(a). Sanctions: Respondent Payne’s real estate license with the Commission was revoked. A fine was imposed upon Respondent Payne in the amount of $6,500.00. And, Respondent Payne is required to deliver to the Commission all existing records in his possession. On or about February 19, 2014, Respondent listed for sale 211 Sundown Drive, Farmington, Arkansas. The Seller was Matthew Reardon. On or about May 15, 2014, Respondent represented to Complainants/Buyers Willbanks the property at 211 Sundown Drive, Farmington, Arkansas to be sold as a short sale property. On or about May 15, 2014, Complainants/Buyers Willbanks and Seller Reardon entered into a real estate contract to purchase the property at 211 Sundown Drive, Farmington, Arkansas, in the amount of $95,000. According to the real estate contract, Respondent Payne acted as a dual agent, representing both Seller Reardon and Complainants/Buyers Willbanks. On or about May 15, 2014, Respondent did not reduce to writing, or did not provide copies of a Short Sale Addendum and Earnest Money Addendum to Complainants/Buyers Willbanks. On or about May 15, 2014, Complainants/Buyers Willbanks remitted cashier’s check # 3516983, made payable to All Real Estate, in the amount of $5,000 for earnest money. Respondent Payne negotiated the check with Simmons First National Bank and did not deposit the earnest money in a trust account or with an escrow agent. On or about May 21, 2014, Complainants/Buyers Willbanks remitted a second cashier’s check, # 3516999, made payable to All Real Estate, in the amount of $4,500 for additional earnest money, bringing the total earnest money paid to $9,500. Respondent Payne negotiated the check with Simmons First National Bank and did not deposit the earnest money in a trust account or with an escrow agent. On or about September 11, 2014, Karen Powell of Coldwell Banker Harris McHaney Faucette, presented a real estate contract on behalf of Buyers David & Erica Powell, for the purchase of 211 Sundown Drive, in the amount of $128,000. The offer was subject to short sale approval. The offer was accepted by Seller Reardon. On or about September 11, 2014, Respondent did not notify his client, Seller Reardon, of the potential risk of accepting a second offer, not identified as a back-up offer, while his client had a contract in place. On or about September 11, 2014, Buyers David & Erica Powell remitted cashier’s check # 1178300577, made payable to All Real Estate, in the amount of $1,000 for earnest money. Respondent Payne negotiated the check with Simmons First National Bank and did not deposit the earnest money in a trust account or with an escrow agent. On or about October 17, 2014, the transaction between Buyers David & Erica Powell and Seller Matthew Reardon closed. On or about October 22, 2014, Complainants Larry & Peggy Willbanks were informed by Respondent Payne the subject property was sold to another buyer. Complainant Larry Willbanks verbally requested his earnest money be returned. Respondent Payne returned $9,500 to Complainants Larry & Peggy Willbanks on November 4, 2014. Complainant stated the funds were received via cashier’s check. On or about February 2, 2015, AREC Senior Investigator requested, via email, Respondent send all documents of this transaction to AREC. Respondent did not submit requested documents.

Reed, Casey | Principal Broker | Sheridan, AR

08/10/2015 | Hearing No. 3373
Respondent(s): Casey Reed, Principal Broker, Action Realty, Sheridan, Arkansas, Consent Order #3373 Violation(s): A.C.A. § 17-42-311(a)(2) and Commission Regulation 10.16(a) Sanction(s): Respondent Reed shall receive a Letter of Reprimand to be placed in his license file for one year and pay a $500 penalty to the Arkansas Real Estate Commission, within thirty (30) days of the date of this Order. Respondent Casey Reed is currently an active Principal Broker with Action Realty Company in Sheridan, Arkansas. Respondent Reed was issued a real estate Salesperson’s license on August 19, 2002. From August 19, 2002, until November 10, 2004, Respondent Reed was licensed with Action Realty Company, Sheridan, Arkansas. On November 10, 2004, Respondent was issued an Arkansas Real Estate Broker’s license. Respondent Reed’s license expired on December 31, 2012, and was renewed on January 28, 2013. Respondent Reed continues to be licensed as a Principal Broker with Action Realty Company, Sheridan, Arkansas, and has six licensees under him. On or about December 26, 2012, Respondent Reed entered a plea of guilty of Abuse of Public Trust, a Class D Felony, in the Circuit Court of Grant County, Grant County, Arkansas. Respondent Reed failed to report the above actions within thirty (30) days.
07/13/2015

Sullivan, John | Principal Broker | Bentonville, AR

07/13/2015 | Hearing No. 3383
Respondent: John Sullivan, Principal Broker, EXP Realty, LLC, Bentonville, Arkansas, Formal Consent Order, Formal Hearing 3383. (October 6, 2014) Violation(s): A.C.A. §17-42-311(a)(2), 17-42-311(a)(6) and 17-42-311(a)(11); Commission Regulations 8.5(a) and 10.8(b). Sanctions: Respondent John Sullivan’s broker license is revoked. As Principal Broker of EXP Realty, LLC, Respondent’s primary business activity was property management. Respondent commingled rents and security deposits belonging to property owners and tenants with his personal funds. Respondent collected rent and security deposits while managing properties and used said funds for his own personal use. Respondent collected rent and security deposits on behalf of clients but failed within a reasonable time to account for or remit said funds to those clients. Respondent Sullivan controlled the trust account for EXP Realty, LLC and issued or caused to be issued checks which exceeded the balance in said trust account resulting in checks being returned for nonsufficient funds. Respondent withdrew funds for his personal use that were not identified to a real estate transaction. Recovery Fund Order: As a direct result of the proven violations by Respondent John Sullivan in the October 6, 2014 Consent Order, Formal Hearing # 3383, in the subsequent Recovery Fund Hearing held July 13, 2015, the Commission finds that Respondent John Sullivan is liable and ordered to pay the complainants within thirty (30) days of the date of this Order. As a result of the above proven violations, the Commission voted for Respondent Sullivan to pay as follows: Complainant Kay Goss for rents of $2,649.00 and a security deposit of $700.00. On or about March 24, 2007 Complainant Goss entered into a property management agreement with Respondent. Complainant stated in her complaint Respondent received from tenants of Complainant Goss’ property located at 369 Steele Road, Springdale, Arkansas $2,786 for rental funds for May, June, and July 2014; and $6 in bank fees for returned checks for a total of $2,792. Respondent failed to remit or account for rental funds to Complainant. Complainant Richard Henry for rents of $14,444.00. On or about September 27, 2006 Complainant Richard Henry, Officer of RYH Properties LLC, an Arkansas Limited Liability Company, entered into a property management agreement with Respondent for properties located at 6414 44th St. Rogers, Arkansas, 702 & 709 SW Sterling Place, Bentonville, Arkansas, and 3101 & 3206 Pinot, Springdale, Arkansas. Complainant stated in his complaint Respondent received $15,700 for rents collected in June and July 2014. Respondent failed to remit or account for the rental funds collected to Complainant. Complainants Todd and Karen Reynolds for rents of $9,113.00 and security deposits of $3,800.00. On or about June 1, 2010 Complainants Karen & Todd Reynolds entered into a property management agreement with Respondent for properties located at 4473 Johnson Rd units A, B, C, and D Fayetteville, Arkansas. Complainants stated several years prior to this complaint they entered into a property management agreement with Respondent for properties located at 1890 Kaywood, 1880 Kaywood, and 1840 Kaywood Units 9, 10, 11, and 12, Fayetteville, Arkansas. Complainants stated in their complaint Respondent received up to $12,000 for rents collected in June and July 2014 and security deposits collected from tenants in the amount of $3,800. Respondent failed to remit or account for the rental funds collected to the Complainants and Respondent did not disburse the security deposits to the tenants or to the Complainant Property Owner. Respondent failed to account for the security deposit. Complainant Jane Tu for rents of $1,912.50. On or about August 15, 2006 Complainant Jane Tu entered into a property management agreement with Respondent for properties located at 6653 Cutter Court, & 5337 Monica Marie in Springdale, Arkansas. Complainant stated in her complaint Respondent received $2,125 for rents collected in May of 2014. Respondent failed to remit or account for the rental funds collected to the Complainant. Complainants James M. and Linda A. Sullivan/Sullivan LP for rents of $832.50. On or about July 9, 2007 Complainant James M. Sullivan entered into a property management agreement with Respondent for properties located at 9 Hillswick Drive, Bella Vista, Arkansas. Complainant stated in his complaint Respondent received $1,850 for rents collected in June and July of 2014. Respondent failed to remit or account for the rental funds collected to the Complainant. Complainants David and Christine Hartman for rents of $1,192.50 and a security deposit of $2,100.00. On or about April 6, 2007 Complainants David & Christine Hartman entered into a property management agreement with Respondent for property located 1843 N Fallbrook Fayetteville, Arkansas. Complainants stated in their complaint Respondent received $1,325 for rents collected in May 2014. Respondent failed to remit or account for the rental funds collected to the Complainants. On or about February 18, 2014 Respondent received $2,100 for a security deposit for Complainant’s property at 1843 Fallbrook Way, Fayetteville, Arkansas. Tenant vacated the subject property on or about September 30, 2014. Respondent did not disburse the security deposit to the tenant or to the property owner. Respondent failed to account for the security deposit. Complainant Mary E. Gibbs for a security deposit of $500. On or about September 3, 2013 Complainant entered into a lease agreement with Respondent to rent property located at 5337 Monica Ave Springdale, Arkansas. Respondent received $500 for a security deposit from Complainant. Respondent did not disburse the security deposit collected from the Complainant to the Complainant or to the Complainant Property Owner. Respondent failed to account for the security deposit. Complainants Becky Sudtelgte & Nathaniel Wesselink for a security deposit of $400.00. On or about March 5, 2013 Complainants entered into a lease agreement with Respondent to rent property located at 2756 Carondolet # B, Springdale, Arkansas. Respondent received $400 for a security deposit. Complainants vacated the subject property on or about August 10, 2014. Respondent did not disburse the security deposit to the Complainant or to the Property Owner. Respondent failed to account for the security deposit. Complainant Gary Gaertner for a security deposit of $1,200.00. On or about July 10, 2012 Complainant entered into a lease agreement with Respondent to rent property located at 6653 Cutter Court, Springdale, Arkansas. Respondent received $1,200 for a security deposit. Complainant stated he vacated the subject property on or about July 2014. Respondent did not disburse the security deposit to the Complainant or to the property owner. Respondent failed to account for the security deposit. Complainants Dan & Angel Gunn for a security deposit of $1,150. On or about September 13, 2013 Complainant entered into a lease agreement with Respondent to rent property located at 709 SW Sterling Place, Bentonville, Arkansas. Respondent received $1,150 as a security deposit. Complainant vacated the subject property on or about August 15, 2014. Respondent did not disburse the security deposit to the Complainant or to the property owner. Respondent failed to account for the security deposit. Complainants Steven & Michele Byram for a security deposit of $1,150.00. On or about January 31, 2013 Complainants entered into a lease agreement with Respondent to rent property located at 710 SW Sterling Place, Bentonville, Arkansas. Respondent received $1,150 as a security deposit. Complainants vacated the subject property on or about May 31, 2014. Respondent did not disburse the security deposit to the Complainants or to the property owner. Respondent failed to account for the security deposit. Complainant Jayme Wilson for a security deposit of $150. On or about February 15, 2014 Complainant entered into a lease agreement with Respondent to rent property located at 2780 Carondolet # A, Springdale, Arkansas. Respondent received $800 as a security deposit. Respondent did not disburse the security deposit to the Complainant or to the property owner. Respondent failed to account for the security deposit. Complainants Russ & Amber Murphy for rents of $782.00 and security deposits of $2,250.00. On or about January 15, 2011 Complainants entered into a property management agreement with Respondent for property located 214 Cordes Drive, Siloam Springs, Arkansas and 703 SW Sterling, Bentonville, Arkansas. Complainants stated in their complaint Respondent received $2,525 for rents collected in July 2014. Respondent failed to remit or account for the rental funds collected to the Complainants. On or about September 1, 2013 Respondent received $600 for a security deposit for the property at 214 Cordes Drive, Siloam Springs, Arkansas. Tenant vacated the subject property on or about August 31, 2014. Respondent did not disburse the security deposit collected from the tenant to the tenant or to the Complainant Property Owners. On or about May 1, 2012 Respondent received $1,650 for a security deposit for the property at 703 SW Sterling, Bentonville, Arkansas. Respondent did not disburse the security deposit to the tenant or to the Complainant Property Owners. Complainant Richard Jaffe for rents of $1,699.00. On or about May 23, 2005 Complainant entered into a property management agreement with Respondent for property located 2203 Pin Oak Unit A & B, Springdale, Arkansas. Complainant stated in his complaint Respondent received $3,600 for rents collected in June and July 2014. Complainant stated Respondent failed to remit or account for $2,059 of the rental funds to the Complainant. Complainant Anna Crump for a security deposit of $1,100.00. On or about July 29, 2013 Complainant entered into a lease agreement with Respondent to rent property located at 11093 Waterleaf Lane, Prairie Grove, Arkansas. Respondent received $1,100 as a security deposit. Complainant vacated the subject property on or about November 13, 2014. Respondent did not disburse the security deposit to the Complainant or to the property owner. Respondent failed to account for the security deposit. Complainants Kevin & Rebecca Woodcock for a security deposit of $1,000. On or about February 20, 2014 Complainants entered into a lease agreement with Respondent to rent property located at 6414 South 44th St, Rogers, Arkansas. Respondent received $1,000 as a security deposit. Complainant purchased the subject property on or about November 17, 2014. Respondent did not disburse the security deposit to the Complainant or to the previous property owner. Respondent failed to account for the security deposit. Complainants Diane & Fredrick Paulson for rents of $11,658.68 and security deposits of $6,740.00. On or about July 25, 2007 Complainants Paulson entered into a property management agreement with Respondent for properties located at 2425 & 2427 W Olrich, 2425, 2427, 2428 & 2430 W Gum, 2424 & 2426 W Magnolia, 2703 W Beech in Rogers, Arkansas, as well as 113 A & B Fox Run, Lowell, Arkansas. Complainants stated in their complaint Respondent received $12,000 for rents collected in June and July 2014, and security deposits collected from tenants in the amount of $6,740. Respondent failed to remit or account for rental funds collected to Complainant. Respondent failed to account for the security deposits. Complainants Rainer and Mary K. Tischler for rents of $2,329.62 and security deposits of $2,100.00. Complainants Tischler stated they entered into a property management agreement with Respondent for properties located at 2429 & 2431 Olrich, Rogers, Arkansas. Complainants stated in their complaint Respondent received $2,780 for rents collected in June and July 2014 and security deposits collected from tenants in the amount of $2,100. Respondent failed to remit or account for the rental funds collected to the Complainants. Respondent failed to account for the security deposits. Complainants Wilbur & Mary Rankin for rents of $11,236.39 and security deposits of $5,350.00. On or about July 1, 2007 Complainants Rankin entered into a into a property management agreement with Respondent for properties located at 3153 Arrow Place, Springdale, # 5 Borland Lane, Bella Vista, # 8 Borland Lane, Bella Vista, 3805 Carriage Way, Bentonville, 1109 E. Freedom, Siloam Springs, 1322 Morlan, Springdale, 505 Persimmon Street, Gravette, 507 Persimmon Street, Gravette, and 46 Saxony, Farmington, all in Arkansas. Complainants stated in their complaint Respondent received $14,640 for rents collected in June and July 2014. Respondent failed to remit or account for rental funds collected to Complainant. And Complainants stated in their complaint on behalf of tenants the following: On or about February 22, 2013 Respondent received $800 for a security deposit for the property at 3153 Arrow Place, Springdale, Arkansas. Respondent did not disburse the security deposit collected to the tenant or to the Complainant Property Owners. On or about October 4, 2011 Respondent received $800 for a security deposit for the property at # 5 Borland Lane, Bella Vista, Arkansas. Respondent did not disburse the security deposit collected to the tenant or to the Complainant Property Owners. On or about April 21, 2014 Respondent received $650 for a security deposit for the property at # 8 Borland Lane, Bella Vista, Arkansas. Respondent did not disburse the security deposit collected to the tenant or to the Complainant Property Owners. On or about November 1, 2013 Respondent received $500 for a security deposit for the property at 3805 Carriage Way, Bentonville, Arkansas. Respondent did not disburse the security deposit collected to the tenant or to the Complainant Property Owners. On or about October 12, 2013 Respondent received $500 for a security deposit for the property at 1109 E. Freedom, Siloam Springs, Arkansas. Respondent did not disburse the security deposit collected to the tenant or to the Complainant Property Owners. On or about December 17, 2011 Respondent received $300 for a security deposit for the property at 1322 Morlan, Springdale, Arkansas. Respondent did not disburse the security deposit collected to the tenant or to the Complainant Property Owners. On or about October 11, 2010 Respondent received $500 for a security deposit for the property at 505 Persimmon Street, Gravette, Arkansas. Respondent did not disburse the security deposit collected to the tenant or to the Complainant Property Owners. On or about March 1, 2014 Respondent received $800 for a security deposit for the property at 507 Persimmon Street, Gravette, Arkansas. Respondent did not disburse the security deposit collected to the tenant or to the Complainant Property Owners. On or about November 15, 2013 Respondent received $500 for a security deposit for the property at 46 Saxony, Farmington, Arkansas. Respondent did not disburse the security deposit collected to the tenant or to the Complainant Property Owners.
05/04/2015

Barrow, Janet | Principal Broker | Conway, AR

05/04/2015 | Hearing No. 3399
Respondent(s): Thomas Hudson, Salesperson, and Janet Barrow, Principal Broker, Grissom and Company, Conway, Arkansas, Formal Hearing #3395 Violation(s) for Respondent Hudson: A.C.A. §17-42-311(a)(2), §17-42-311(a)(9), §17-42-311(a)(11), §17-42-311(a)(13) and Commission Regulations 10.1(b), and 10.13(b). Violation(s) for Respondent Barrow: A.C.A. §17-42-311(a)(13), §17-42-311(a)(2), §17-42-311(a)(11) and Commission Regulations 10.13(b) and 10.14. Sanction(s): Respondent Thomas Hudson’s real estate sales license was suspended for six (6) months. Respondent Hudson to pay a fine of $3,000.00 to the Arkansas Real Estate Commission, and complete a 60-hour salesperson education course, and an 18-hour salesperson post-license education course. Sanction(s): Respondent Janet Barrow to pay a fine of $3,000.00 to the Arkansas Real Estate Commission. Respondent Barrow required to attend a 45-hour broker pre-license education course, and, a 30-hour broker post-license education course. While licensed under Complainant Principal Broker Henson, Respondent Hudson conducted property management activities for Complainant’s firm, ReMax of Conway. In early March 2014, while Respondent Hudson was still licensed with ReMax of Conway, Respondent Barrow, Principal Broker for Grissom and Company and Respondent Hudson discussed the transfer of Respondent Hudson’s license to Grissom and Company. Respondent Barrow told Respondent Hudson that he could contact the owners of properties managed by Principal Broker Henson and that if the property owner stated that they wished to continue to have Respondent Hudson manage their property, Respondent Hudson was to tell the property owner to contact Principal Broker Henson to let him know of their desire to terminate their arrangement with ReMax. After Respondent Hudson had contacted some of the property owners, Respondent Barrow advised Respondent Hudson that he could send a sample letter to the property owners that the owners could send to Principal Broker Henson to terminate their property management agreement. At some point, Respondent Barrow instructed Respondent Hudson to make copies of everything, including any receipts and deposit slips that he had related to properties managed by Principal Broker Henson. Respondent Hudson provided Respondent Barrow copies of the check book, bank statements, and deposit slips related to properties managed by Principal Broker Henson. Without Complainant Principal Broker Henson’s permission, Respondent Hudson took from Complainant Principal Broker Henson’s firm a copy of a list of renters and owners complete with phone numbers and addresses of owners of properties managed by Principal Broker Henson. In an email dated April 7, 2014, to Principal Broker Henson, Respondent Barrow indicated that ledger sheets for properties managed by Principal Broker Henson were being returned to him. On or about April 9, 2014, Respondent Hudson sent a letter to an owner of properties managed by Principal Broker Henson of ReMax of Conway. That letter signed by Respondent Hudson stated, “I am sending you the letter to terminate your management agreement with ReMax. I have enjoyed working with you and hope you will let me continue to management (sic) you (sic) properties. I have had one phone call on 104 and the person is going to call me back when she wants to see the house. I will let you know when I have moved to the new company.” Respondent included a form letter dated March 1, 2014 for the property owner to sign which stated, “I wish to terminate the property management agreement with RE/MAX of CONWAY. I have employed the management services of Grissom & Company for the above referenced properties,” advising the owners how to terminate their property management agreement and move the management agreement to Grissom and Company. On or about April 11, 2014 Principal Broker Henson returned Respondent Hudson’s real estate license to the Arkansas Real Estate Commission. The back of the license, which was signed by Respondent Hudson states, “I hereby certify that I am not taking, and will not take, any listings, management contracts, appraisals, lease agreements, or copies of any such documents, or any other pertinent information belonging to my former Principal Broker or Firm Regulation 7.5 (b)(1).” Three of the termination letters that Respondent Hudson sent to owners of properties managed by Principal Broker Henson were signed by owners of the properties. Respondent Barrow delivered copies of the three letters to Principal Broker Henson. All three termination letters were dated March 1, 2014.

Hudson, Thomas | Salesperson | Conway, AR

05/04/2015 | Hearing No. 3395
Respondent(s): Thomas Hudson, Salesperson, and Janet Barrow, Principal Broker, Grissom and Company, Conway, Arkansas, Formal Hearing #3395 Violation(s) for Respondent Hudson: A.C.A. §17-42-311(a)(2), §17-42-311(a)(9), §17-42-311(a)(11), §17-42-311(a)(13) and Commission Regulations 10.1(b), and 10.13(b). Violation(s) for Respondent Barrow: A.C.A. §17-42-311(a)(13), §17-42-311(a)(2), §17-42-311(a)(11) and Commission Regulations 10.13(b) and 10.14. Sanction(s): Respondent Thomas Hudson’s real estate sales license was suspended for six (6) months. Respondent Hudson to pay a fine of $3,000.00 to the Arkansas Real Estate Commission, and complete a 60-hour salesperson education course, and an 18-hour salesperson post-license education course. Sanction(s): Respondent Janet Barrow to pay a fine of $3,000.00 to the Arkansas Real Estate Commission. Respondent Barrow required to attend a 45-hour broker pre-license education course, and, a 30-hour broker post-license education course. While licensed under Complainant Principal Broker Henson, Respondent Hudson conducted property management activities for Complainant’s firm, ReMax of Conway. In early March 2014, while Respondent Hudson was still licensed with ReMax of Conway, Respondent Barrow, Principal Broker for Grissom and Company and Respondent Hudson discussed the transfer of Respondent Hudson’s license to Grissom and Company. Respondent Barrow told Respondent Hudson that he could contact the owners of properties managed by Principal Broker Henson and that if the property owner stated that they wished to continue to have Respondent Hudson manage their property, Respondent Hudson was to tell the property owner to contact Principal Broker Henson to let him know of their desire to terminate their arrangement with ReMax. After Respondent Hudson had contacted some of the property owners, Respondent Barrow advised Respondent Hudson that he could send a sample letter to the property owners that the owners could send to Principal Broker Henson to terminate their property management agreement. At some point, Respondent Barrow instructed Respondent Hudson to make copies of everything, including any receipts and deposit slips that he had related to properties managed by Principal Broker Henson. Respondent Hudson provided Respondent Barrow copies of the check book, bank statements, and deposit slips related to properties managed by Principal Broker Henson. Without Complainant Principal Broker Henson’s permission, Respondent Hudson took from Complainant Principal Broker Henson’s firm a copy of a list of renters and owners complete with phone numbers and addresses of owners of properties managed by Principal Broker Henson. In an email dated April 7, 2014, to Principal Broker Henson, Respondent Barrow indicated that ledger sheets for properties managed by Principal Broker Henson were being returned to him. On or about April 9, 2014, Respondent Hudson sent a letter to an owner of properties managed by Principal Broker Henson of ReMax of Conway. That letter signed by Respondent Hudson stated, “I am sending you the letter to terminate your management agreement with ReMax. I have enjoyed working with you and hope you will let me continue to management (sic) you (sic) properties. I have had one phone call on 104 and the person is going to call me back when she wants to see the house. I will let you know when I have moved to the new company.” Respondent included a form letter dated March 1, 2014 for the property owner to sign which stated, “I wish to terminate the property management agreement with RE/MAX of CONWAY. I have employed the management services of Grissom & Company for the above referenced properties,” advising the owners how to terminate their property management agreement and move the management agreement to Grissom and Company. On or about April 11, 2014 Principal Broker Henson returned Respondent Hudson’s real estate license to the Arkansas Real Estate Commission. The back of the license, which was signed by Respondent Hudson states, “I hereby certify that I am not taking, and will not take, any listings, management contracts, appraisals, lease agreements, or copies of any such documents, or any other pertinent information belonging to my former Principal Broker or Firm Regulation 7.5 (b)(1).” Three of the termination letters that Respondent Hudson sent to owners of properties managed by Principal Broker Henson were signed by owners of the properties. Respondent Barrow delivered copies of the three letters to Principal Broker Henson. All three termination letters were dated March 1, 2014.
04/13/2015

Johnson, Alice | Salesperson | Waldron, AR

04/13/2015 | Hearing No. 3391
Respondent(s): Alice Johnson, Salesperson, United Country-Country Living, Waldron, Arkansas, Consent Order #3391
 
Violation(s): Commission Regulation 10.16(a).  Arkansas Code Annotated § 17-42-311(a)(2).
 
Sanction(s): Letter of Reprimand to be placed in her license file for one year and pay a $250.00 penalty to the     Arkansas Real Estate Commission, within thirty (30) days of the date of this Order.         
On March 23, 2014, Respondent Johnson plead guilty to Domestic Battering 3RD DE in the District Court of Sebastian County, Arkansas, Greenwood Division.
Respondent Johnson failed to report the conviction of Domestic Battering 3RD DE, within thirty (30) days after the conviction.

Shinn, Marcia | Inactive Salesperson | Russellville, AR

04/13/2015 | Hearing No. 3391
Respondent(s): Marcia Shinn, Salesperson (Inactive), Russellville, Arkansas, Formal Hearing #3393
 
Violation(s): Arkansas Code Annotated § 17-42-311(a)(3).  Commission Regulation 10.16(a).  Arkansas Code   Annotated §17-42-311(a)(2).  Arkansas Code Annotated § 17-42-311(a)(11).
 
Sanction(s): License is suspended until such time as she can demonstrate to the Commission that she has successfully completed the terms of her probation.  She is ordered to pay a fine of $500.00; however, that fine is suspended pending Respondent Shinn’s successful completion of the Arkansas law portion of the salesperson exam within six (6) months of the final date of this Order.  Additionally, for a period of two (2) years from the date her license is released from suspension, she must notify any broker with whom she affiliates of the sanctions issued her by the Arkansas Real Estate Commission, and she must provide proof of such notification to the Commission.
 
September 9, 2013, Respondent Shinn voluntarily, intelligently, and knowingly agreed to defer further proceedings against her and agreed that she be placed on probation for a period of four (4) years without making a finding of guilt or entering a judgment of guilt for Delivery Sch I or II Not Meth/Cocaine C (1), a class C-Felony, In The Circuit Court of Pope County, Arkansas, Fifth Judicial District, 1 Division. 
Respondent Shinn failed to report the above actions to the Commission within thirty (30) days.
02/09/2015

Cummings, John | Principal Broker | Bella Vista, AR

02/09/2015 | Hearing No. 3386
Respondent: John Cummings, Principal Broker, Cardinal Realty, Bella Vista, Arkansas, Formal Hearing #3386
 
Violation(s): A.C.A. §17-42-311(a)(2) & §17-42-311(a)(11); Commission Regulations 8.5(a), 10.5(a), 10.5(b), 10.10(a), and 10.11.
 
Sanctions: Respondent Cummings’ license is hereby revoked, and he must appear before the Commission before his license may be reinstated.  Respondent Cummings is ordered to pay a penalty of $500.00 for each violation of the regulations, and $1,000.00 for each violation of the license law, for a total of $4,500.00, payable and due to the Commission within thirty (30) days of the date of this Order. The Executive Director is directed to notify the Executive Director of the Texas Real Estate Commission regarding these proceedings.
 
Respondent Cummings advertised his real estate brokerage services via the website www.bellavistaarkansas.us. In so doing, Respondent Cummings advertised the services under the name “John Cummings” and failed to disclose that he was actually working under the firm name “Cardinal Realty,” with which he was licensed as Principal Broker.
Respondent Cummings, in soliciting buyers via his website, failed to make full disclosure to the buyers, in writing, of the exact fact that he was licensed as a real estate Broker.
 
Respondent Cummings offered to purchase a house from James W. and Connie Chapman. Respondent Cummings failed to make full disclosure to sellers Mr. and Mrs. Chapman, in writing, of the fact that he was licensed as a real estate Broker and was buying property for his own account.
Respondent Cummings failed to reduce to writing the exact agreement of the parties regarding the sale and purchase of properties.

Jordan, John | Salesperson | Conway, AR

02/09/2015 | Hearing No. 3388
Respondent(s): John Jordan, Salesperson, Legacy Realty, Inc., Conway, Arkansas, Formal Hearing #3388
 
Violation(s): Arkansas Code Annotated §17-42-311(a)(8).  Commission Regulation 10.1(b).  Commission Regulation 10.7(a)(1).  Commission Regulation 9.2(b).   Arkansas Code Annotated § 17-42-311(a)(2).  Arkansas Code Annotated §17-42-311(a)(11).
 
Sanction(s): License is revoked, and before his license may be reinstated, he must appear before the Arkansas Real Estate Commission.  He shall pay a penalty of $500.00 for each violation in paragraphs 9, 10, 11, and 12, for a total of $2,000.00, to be paid to the Arkansas Real Estate Commission within ninety (90) days of the date of this final order.
 
On February 11, 2013, Respondent listed for sale 1110 Spencer Street, Conway, Arkansas. The Property was owned by the Rosa M. West Rev Trust, Leslie West, Executor.  On September 18, 2013, the City of Conway entered into a Real Estate Contract to purchase the property for $315,000.00.  The purchase of the property was made in three separate installments of $105,000.00. 
On April 4, 2014, The City of Conway issued a check for the second installment payment.  The Check was in the amount of $105,000.00, made out to Rosa M. West Revocable Trust.  On April 8, 2014, Respondent accepted a cashier’s check, made payable to John Jordan from the Rosa M. West Rev. Trust, in the amount of $8,400.00.  May 22, 2014, Complainant Executive Broker Wanda Goodrich returned Respondent’s license and filed a formal complaint against Respondent with the Arkansas Real Estate Commission. On May 28, 2014, Respondent was sent a copy of the complaint and answer form, which was returned to the Commission by the U.S.P.S., marked “Box Closed.”  On June 17, 2014, Respondent was sent a copy of the complaint and answer form to Respondent’s home address, which was returned by the U.S.P.S., marked “No mail receptacle”. August 4, 2014, Respondent replied to the Commission Investigator’s email stating he will provide an address to send the complaint and answer form.  Investigator sent a second email on August 12, 2014.  Respondent stated that he will have mail box up soon and to send by mail correspondence to his home address.  On August 15, 2014, Investigator requested confirmation from Respondent that the mail box was operational.                     
 
Respondent failed to respond.

Lipsky, Nathan | Salesperson | Jonesboro, AR

02/09/2015 | Hearing No. 3385
Respondent(s): Nathan Lipsky, Salesperson, Re/Max Real Estate Centre, Jonesboro, Arkansas,    Consent Order #3385
 
Violation(s): Commission Regulation 10.10(a).  Arkansas Code Annotated §17-42-311(a)(13).  Commission Regulation 10.10(a).  Arkansas Code Annotated § 17-14-311(a)(4).  Commission Regulation 10.1(b).  Commission Regulation 8.5(a).  Arkansas Code Annotated §17-14-311(a)(2).        
Sanction(s): Write and submit an article to the Executive Director addressing activities that resulted in the above violations, any or all of which may be published as the Executive Director deems appropriate.  He shall receive a Letter of Reprimand to be placed in his license file for one year and pay a $500.00 penalty to the Arkansas Real Estate Commission, within thirty (30) days of the date of this Order.                       
 
On or about June 21, 2014, Complainant Perdzock and Respondent Lipsky entered into a verbal Exclusive Right-to -Sell Agreement on property located at 3203 Windover Garden Circle, Jonesboro, Arkansas.  On or about June 23, 2014, Respondent Lipsky completed an Exclusive Right-to-Sell Agreement on the subject property.  The Exclusive Right-to-Sell Agreement was not signed by Complainant Perdzock.   On or about June 23, 2014, Respondent Lipsky signed Complainant Perdzock’s name on the Exclusive Right-to-Sell Agreement to avoid being assessed a fine by the multiple listing service.
              
A copy of the Exclusive Right-to-Sell Agreement was not provided by Respondent Lipsky to Complainant Perdzock.
 
On or about August 20, 2014, an Addendum to the Exclusive Right-to-Sell Agreement was agreed to between Complainant Seller Perdzock and Executive Broker Webbe to withdraw the listing on the subject property.
 
A review of Respondent Lipsky’s website revealed that Respondent Lipsky offered financial incentives to unlicensed persons for referring prospects to the Respondent. Respondent did not obtain the permission of his Principal Broker to offer the financial incentives to unlicensed persons.

Milburn, Stephen S | Associate Broker | Little Rock, AR

02/09/2015 | Hearing No. 3384
Respondent(s): Stephen S. Milburn, Associate Broker, Chenal Properties, Inc., Little Rock, Arkansas, Consent Order #3384
 
Violation(s): Commission Regulation 10.16(a).  Arkansas Code Annotated § 17-42-311(a)(2).
 
Sanction(s): He is to pay a $250.00 penalty to the Arkansas Real Estate Commission, within thirty (30) days of the date of this Order.   He shall complete the thirty hour AREC Broker post-license course within 120 days of the date of this order. 
 
On June 25, 2013, Respondent Milburn was found guilty of a disorderly conduct charge in Garland County, Arkansas. 
Respondent Milburn failed to report the above action within thirty (30) days of that conviction.

Overend, Robert Charles | Unlicensed | Branson, MO

02/09/2015 | Hearing No. 3387
Respondent(s): Robert Charles Overend, (Unlicensed), RCO Vacation Marketing, LLC, Branson, Missouri,       Formal Hearing #3387
 
Violation(s): Arkansas Code Annotated §17-42-103(9).  Arkansas Code Annotated §17-42-105(a)(1) and         §17-42-109. 
 
Sanction(s): Civil penalty of $5,000.00 and costs, as certified by the Executive Director.  The penalty and costs are due and payable to the Arkansas Real Estate Commission within thirty (30) days of the date of this final order.
 
Acting through the corporate entity RCO Vacation Marketing LLC., Respondent Robert Charles Overend held himself out as being engaged in the business of negotiating, selling, exchanging, purchasing or procuring of prospects calculated to result in the sale or exchange of real estate, specifically time-share.  On or about November 18, 2012, Respondent Overend met with time-share owners J. R. and Cornelia Lyons in Conway, Arkansas to provide brokerage services for Lyons with regard to their timeshare located in Bella Vista, Arkansas.  Upon Respondent Overend’s offer to provide brokerage services, J.R. and Cornelia Lyons agreed to trade in their timeshare.
Respondent Overend collected a $1,500.00 payment from Lyons.

Patterson, Justin | Unlicensed | Bryant, AR

02/09/2015 | Hearing No. 3376
Respondent(s): Justin Patterson, (unlicensed), Bryant, Arkansas, Consent Order #3376
 
Violation(s): No findings made pursuant to Consent Order agreed to by Complainant.
 
Sanction(s): He is to pay a $2,500.00 penalty to Andrea Giles within one week from date of this Consent Order.  He shall not advertise for sale or lease any property in which he does not hold a current fee simple or leasehold interest.
12/09/2014

Jackson, Amy | Inactive Salesperson | Rogers, AR

12/09/2014 | Hearing No. 3358
Respondent(s): Amy Jackson, Salesperson, Inactive, Rogers, Arkansas, Formal Hearing #3358
 
Violation(s): Arkansas Code Annotated §17-42-311(a)(11).  Commission Regulation 10.16(a) and Arkansas Code Annotated § 17-42-311(a)(2). 
 
Sanction(s): License is revoked and she is required to pay a fine of $1,000.00 within thirty (30) days of the date of the Executive Director’s Order.                 
On or about July 13, 2011, Respondent Jackson was cited for public intoxication, a misdemeanor, in THE  BENTONVILLE DISTRICT COURT, Benton County, Arkansas.  On July 29, 2011, Respondent Jackson pleaded guilty to the offense of PUBLIC INTOX in the District Court of Benton County, Arkansas, Rogers Division.  On January 20, 2012, Respondent Jackson pleaded guilty to the offense of DWI 1ST OFFENSE misdemeanor in the District Court of Benton County, Arkansas, Rogers Division.  On January 20, 2012, Respondent Jackson pleaded guilty to the offense of FAIL TO APPEAR CLASS A misdemeanor in the District Court of Benton County, Arkansas, Rogers Division.  On May 16, 2012, Respondent Jackson pleaded guilty to the offenses of    
POSS CTRL/CNFT SUB (IE: MARIJ) 1ST OFFENSE-misdemeanor; POSS DRUG PARAPHERNALIA MISD-misdemeanor; SPEED 19 MPH OVER; DRIVING W/SUSPENDED DL DWI RELATED-misdemeanor; DWI II; REFUSAL TO SUBMIT TO CHEMICAL TEST-misdemeanor, in the BENTONVILLE DISTRICT COURT, Bentonville, Arkansas. 
Respondent Jackson failed to report the above guilty pleas as shown in paragraph 3 to the Arkansas Real Estate  Commission within thirty (30) days of the guilty plea.
11/03/2014

Greco, Machellia D | Unlicensed | Hot Springs, AR

11/03/2014 | Hearing No. 3378
Respondent(s): Machellia D. Greco, (Unlicensed), Hot Springs, Arkansas, Formal Hearing #3378
 
Violation(s): Arkansas Code Annotated §17-42-103(9).  Arkansas Code Annotated §17-42-103(12).  Arkansas Code Annotated §17-42-105(a)(1) and §17-42-109.
 
Sanction(s): Civil penalty of $2,500.00 is hereby assessed and payable to the Arkansas Real Estate Commission within thirty (30) days of the date of the Executive Director’s final Order.  In addition, Ms. Greco, as an unlicensed person, is required to reimburse the property owner, Mr. Jones, $400.00 in other remuneration collected within thirty (30) days of the date of this final Order.
 
On or about January 9, 2006, Machellia D. Greco became Manager and Tax Preparer of Landlord Services of Arkansas, LLC, located at 142 Earnest Way, Hot Springs, Arkansas.  Acting through the corporate entity Landlord Services of Arkansas, LLC, Respondent held herself out as being engaged in the business of renting or leasing real estate by soliciting rental property owners to hire
Respondent to provide property management services.  Multiple individual property owners hired Respondent to provide services including leasing, offering to lease, negotiating leases, attempting to lease, and procuring prospects to rent or lease real estate, or collecting rents with respect to the owners’ properties.  On March 24, 2013, Respondent Greco entered into a One Year Lease - Rental Agreement between Landlord Services of Arkansas, LLC as Landlord and Tenant David Dudley as Tenant of property located at 1207 W. St. Louis, Hot Springs, Arkansas, which was owned by Pinewood Real Holdings.  On April 1, 2013, Respondent Greco entered into a Month-to-Month Lease Agreement between Pinewood Real Holdings as Owners, and Landlord Services of Arkansas, LLC, as Tenants for the property located at 1207 W. St. Louis, Hot springs, Arkansas to begin on April 15, 2013.  Respondent received compensation or other remuneration for performing services described in Paragraphs 2 and 3.  Respondent Greco reported to the IRS as income on Schedule C the difference between the lease amounts paid to property owners by Landlord Services of Arkansas, LLC, and the  sublease amounts collected from tenants in a manner typical of a property management business.
09/08/2014

Edwards, Glenda | Director | Rogers, AR

09/08/2014 | Hearing No. 3379
Respondent: Glenda Edwards, Director, Success Real Estate School, Rogers, AR, Consent Order #3379
Violations: A.C.A. 17-42-307(d)(1) and 17-42-302(5) and (6).
Sanctions: That Respondent Edwards be allowed to renew her real estate license for 2015, on condition that a Letter of Reprimand be placed in Respondent Edwards’ real estate license file through December 31, 2015; that Respondent Edwards personally monitor any real estate course for which she attests the students’ completion; that all registration fees paid by the licensee for the courses identified in paragraph 7 above be refunded; that
 
     Respondent Edwards attend one continuing education course taught in the classroom  and complete one continuing education course delivered via distance education for each of the next three (3) years beginning in 2015 and complete for each course a monitoring report as developed by the Executive Director; and, that Respondent not initiate, encourage, support, reinforce, or sustain any retribution against the licensee who reported the discrepancy.
Respondent Glenda Edwards became licensed as the Principal Broker of Crye-Leike Realtors in Springdale, Arkansas on September 15, 2012 and is currently licensed in that capacity.
As Director of Success School of Real Estate, Respondent Edwards signed certificates of completion for a certain licensee attesting that the licensee completed thirty (30) classroom hours of real estate courses that fulfill mandatory educational requirements for real estate licensing on February 3rd, 4th, 5th, and 6th, 2014.
     The licensee subsequently informed staff of the Real Estate Commission that approximately five (5) hours of the courses for which the completion certificates were issued were actually attended.
     Respondent cannot confirm that the licensee attended more than five (5) hours of the courses and therefore does not dispute the licensee’s claim.
     By letter dated August 6, 2014, Executive Director Gary Isom notified Respondent that, given the unambiguous requirement of Arkansas Code Annotated § 17-42-307(d)(1), § 17-42-302(5), and § 17-42-302(6), the Commission staff will not be able to issue Respondent a real estate license for 2015 without authorization by the commissioners. 

Kumpe, Chadwick | Principal Instructor | Rogers, AR

09/08/2014 | Hearing No. 3382
Respondent: R. Chadwick Kumpe, Principal Instructor, Success Real Estate School, Rogers, AR Consent Order #3382
Violations: A.C.A. 17-42-307(d)(1) and 17-42-302(5) and (6).
Sanctions:  Respondent Kumpe be allowed to renew his real estate license for 2015, on condition that Respondent’s real estate license be on probation through December 31, 2015; that Respondent provide AREC a notarized signed affidavit listing the times and dates that the other two students attended the courses in question; that Respondent only teach for one (1) real estate education provider of his choosing for three (3) years beginning October 1, 2014; that Respondent hold real estate classes only when a minimum of three (3) students are in attendance; that all registration fees paid by the licensee for the courses identified in paragraph 7 above be refunded; that Respondent attend one continuing education course taught in the classroom and complete one continuing education course delivered via distance education for each of the next three years beginning in 2015 and complete for each course a monitoring report as developed by the Executive Director; that Respondent pay a fine of $250; and, that Respondent not initiate, encourage, support, reinforce or sustain any retribution against license who reported the discrepancy.
     Respondent R. Chadwick Kumpe became licensed as the Associate Broker of Kumpe Real Estate in Rogers, Arkansas on January 28, 2013 and is currently licensed in that capacity.
     As an Instructor of Success Real Estate School, Respondent Kumpe signed certificates of completion for a certain licensee attesting that the licensee completed thirty (30) classroom hours of real estate courses that fulfill mandatory educational requirements for real estate licensing on February 3rd, 4th, 5th, and 6th, 2014.
The licensee subsequently informed staff of the Real Estate Commission that approximately five (5) hours of the courses for which the completion certificates were issued were actually attended.
     Respondent Kumpe does not dispute the licensee’s claim.
     By letter dated August 6, 2014, Executive Director Gary Isom notified Respondent that, given the unambiguous requirement of Arkansas Code Annotated § 17-42-307(d)(1) and 17-42-302(5) and (6), the Commission staff will not be able to issue Respondent a real estate license for 2015 without authorization by the commissioners. 
08/11/2014

McConnell, Kenneth | | Conway, AR

08/11/2014 | Hearing No. 3357
On 08/11/2014 Respondent Kenneth McConnell, Inactive Salesperson, Conway, AR, Formal Hearing #3357
 
Violations: Arkansas Code Annotated §17-42-311(a)(2); Commission Regulation 10.16(a)
Sanctions: Respondent Kenneth McConnell’s licensed is revoked.
 
On May 15, 2013, Respondent McConnell was convicted of a Class-A Misdemeanor-Public Intoxication, in the District Court of Faulkner County, Arkansas. Respondent McConnell failed to report the above conviction to the Commission within 30 days.
 
On December 4, 2013, the Arkansas Real Estate Commission offered the Respondent a Consent Order and a fine of $250.00 in lieu of a formal hearing.
 
On January 17, 2014 Respondent requested the Consent Order be modified.
 
On February 12, 2014 Respondent McConnell requested he be allowed to pay $250.00 fine with monthly payments of $50.00.
 
On March 18, 2014, an Amended Consent Order was sent, which allowed Respondent McConnell until June 15, 2014 to pay imposed fine.
As of June 15, 2014, no payments had been made on Respondent McConnell’s fine.
04/14/2014

Payne, Jimmy | Principal Broker | Fayetteville, AR

04/14/2014 | Hearing No. 3361
Respondent: Jimmy Payne, Principal Broker, All Real Estate, LLC, Fayetteville, AR, Formal Hearing #3361

Violations: Arkansas Code Annotated §17-42-311(a)(6), §17-42-311(a)(11), §17-42-311(a)(13) & §17-42-316(b)(2)(I); Commission Regulations 8.5(a), 10.8(b), 10.8(c) & 10.8(g)(1)
Sanctions: Respondent Payne is required to attend the new sixty (60) hour broker education class. The broker education class must be approved in advance by the Executive Director and cannot count toward the regular continuing education hours. Respondent Payne is also fined $500.00 for six (6) of the violations, for a total of $3,000.00.
On February 21, 2011, Respondent listed for sale 1038 Hollywood, Fayetteville, Arkansas. The Property was owned by Wally Properties of Fort Smith, Arkansas, Charles Palmer, Manager. On November 2, 2011, Complainant Humphrey entered into a Real Estate Contract to purchase the property at 1038 Hollywood in Fayetteville, Arkansas. Respondent Payne acted as a dual agent, representing both the Seller and Complainant Humphrey.
On November 4, 2011, Complainant Humphrey wrote a check payable to All Real Estate for the amount of $5,730 for earnest money. On November 4. 2011, Complainant Humphrey wrote a check payable to Respondent Jimmy Payne, in the amount of $4,270, for additional earnest money, bringing the total earnest money paid to $10,000. Respondent Payne cashed the $4,270 check at Arvest Bank in Fayetteville, Arkansas.
On November 14, 2011, Respondent Payne deposited the $5,730 check into All Real Estate’s operating account. On November 15, 2011, the transaction closed. Respondent Payne provided a cashier’s check to Bronson Title on behalf of Complainant Humphrey in the amount of $9,597.90. The cashier’s check was $402.10 less than the total amount Complainant Humphrey paid to Respondent Payne.
03/17/2014

Morris, Rexanne | Principal Broker | Springdale, AR

03/17/2014 | Hearing No. 3359
03/17/2014 | Hearing #3359
Respondent: Rexanne Morris, Principal Broker, Leasing Connection, Springdale, AR
 
Violation(s): Arkansas Code Annotated §17-42-311(a)(2), §17-42-311(a)(6), & §17-42-311(a)(11), and, Commission Regulation 10.7(b)(3).
Sanction: License Revoked, fine $750.00 per violation, fine $1000.00, and pay Peggy Lloyd $2,860.46
 
  • The Commission conducted a hearing on Monday, March 17, 2014, in the matter of Peggy Lloyd vs. Rexanne Morris, Principal Broker, Leasing Connection, Formal Hearing # 3359.
  • The Commission found Respondent Rexanne Morris guilty of violating Arkansas Code Annotated §17-42-311(a)(2), §17-42-311(a)(6), & §17-42-311(a)(11), and, Commission Regulation 10.7(b)(3).
  • The Commission voted that Respondent Rexanne Morris’ real estate license be revoked and that she be fined $750.00 per violation in paragraph 13, for a total of $7,500, and another fine of $1,000.00 for failing to provide the Arkansas Real Estate Commission the documents that were requested.  Said fines are payable to the Arkansas Real Estate Commission within thirty (30) days of the date of the final Order.
  • As a result of the proven violations, the Commission voted that Respondent Rexanne Morris pay Complainant Peggy Lloyd $2,860.46 within thirty (30) days of the date of the Order.
01/13/2014

Clark, Cynthia Rea | Principal Broker | Bentonville, AR

01/13/2014 | Hearing No. 3354
01/13/2014 | Hearing 3354
Respondent: Cynthia Rea Clark, Principal Broker, National Realty, Bentonville, AR
Violation(s): Regulations 8.5(a), 9.2(b), 10.7(b)(3), 10.7(c), & 10.10(a); and, Arkansas Code Annotated § 17-42-311(a)(2), 17-42-311(a)(6), & 17-42-311(a)(11)
Sanctions: License Revoked, Fined $1000.00, and pay $1150.00 to Michele Voss
 
  • The Commission found that Respondent Clark violated Commission Regulations 8.5(a), 9.2(b), 10.7(b)(3), 10.7(c), & 10.10(a); and, Arkansas Code Annotated § 17-42-311(a)(2), 17-42-311(a)(6), & 17-42-311(a)(11).
  • Based on the Findings and Conclusions, the Commission voted that Respondent Clark’s real estate license be revoked, and a penalty of $1,000 levied against her, to be paid to the Arkansas Real Estate Commission within thirty (30) days of the date of the Order.
  • Furthermore, Respondent Clark is to turn over all of her records, particularly including her trust account records and files, to the Arkansas Real Estate Commission within thirty (30) days of the date of the Order.
  • As a result of the proven violations, Respondent Clark is ordered to make payment of $1,150, via certified mail, to a person to be named by the partnership, (Michele Voss), within thirty (30) days of the date of the Order.
12/09/2013

Smith, LeCorey D | Salesperson | Little Rock, AR

12/09/2013 | Hearing No. 3340
Respondent: LeCorey Smith, Salesperson, Access Realty, Inc., Little Rock, AR, Formal Hearing # 3340

Violations: Arkansas Code Annotated § 17-42-311(a)(2), and Commission Regulations 10.16(a)
 
Sanctions: Respondent Smith is fined $500.00 and that he and the Executive Director of the Arkansas Real Estate Commission work out a payment schedule over a twelve (12) month time period.
 
10/07/2013

Self, John | Salesperson | Mountain Home, AR

10/07/2013 | Hearing No. 3345
Respondent: John Self, Salesperson, Colonial Real Estate, Inc., Mountain Home, AR, Formal Hearing # 3345
 
Violations: A.C.A. § 17-42-501(a)(2)(A)(i).
 
Sanctions: Respondent Self must pay a $75.00 fine and before his license can be reactivated, he must come back and appear before the Commission.
 
Respondent did not complete CE before December 31, 2012.
08/12/2013

Carter, James | Salesperson | North Little Rock, AR

08/12/2013 | Hearing No. 3272
Consent Order entered, Respondent received a Letter of Reprimand placed in his license file for one year and was ordered to pay a $250 penalty to the AREC for practicing and representing himself as an active salesperson while his license had expired, constituting improper dealings in violation of 17-42-301(a) and 17-42-311(a) (9).

Kumpe, Chadwick | Principal Broker | Rogers, AR

08/12/2013 | Hearing No. 3338
Respondent: R. Chadwick Kumpe, Principal Broker, Chad Kumpe Real Estate, Rogers, AR, Formal Hearings # 3338
 
Violations: A.C.A. 17-42-311(a)(2) and 17-42-311(a)(13) and AREC Commission Regulation 8.5(a).
 
Sanctions: Respondent Kumpe shall write and submit an article regarding his activities to the Executive Director for possible publication and pay a $500 fine.
 
Respondent Kumpe provided his buyer-client and buyer’s plumber unsupervised access to the subject property, and failed to timely notify the seller or the seller’s agent that repairs had begun on the property without the seller’s permission.

Walker, Janice | Principal Broker | Hope, AR

08/12/2013 | Hearing No. 3262
Respondent: Janice Walker, Principal Broker, Walker Realty, Hope, AR, Formal Hearing # 3262
 
Violations: A.C.A. 17-42-311(a)(2) and AREC Commission Regulations 9.2(b), 10.8(g)(3), 10.9(a) and 10.9(d).
 
Sanctions: Letter of Reprimand, Additional 30 hours of post-license broker education, and $500 fine
 
Respondent Walker did not file a written answer to a complaint within 20 days after receiving notice of the complaint, did not permit AREC investigative staff open inspection to Respondent’s trust fund records and bank reconciliations, dispersed funds from Respondent’s designated trust account contrary to the terms of the contract, and made a disbursement to which all parties to the contract had not expressly agreed in writing nor did Respondent notify all parties in writing of the disbursement.
07/08/2013

Marsh, Kevin | Salesperson | Little Rock, AR

07/08/2013 | Hearing No. 3261
Respondent: Kevin Marsh, Salesperson, Re/Max Affiliates, Little Rock, AR, Formal Hearings # 3261
 
Violations: The Commission found Respondent Marsh guilty of violating A.C.A. § 17-42-311(a)(2) and AREC Regulations 10.7(a)(1) and 10.1(b).
 
Sanctions: Respondent Marsh was ordered to have a Letter of Reprimand placed in his file for one year and pay a fine of $500.00.  Respondent Marsh was also ordered to successfully complete eighteen (18) hours of post-license salesperson education, in addition to the required six (6) hours of continuing education and submit an article to AREC suitable for possible publication.
 
Respondent Marsh engaged in rental activity and accepted funds for a property listed by his Principal Broker’s firm, but failed to inform his Principal Broker of his activities and receipt of monies.
01/07/2013

Butler, Louis | Salesperson | Little Rock, AR

01/07/2013 | Hearing No. 3253
Respondent(s): Louis Butler, Salesperson, and Michael Stinnett, Principal Broker, Stinnett Realty, Little Rock, AR, Formal Hearing 3253

Voilation(s):The Commission found Respondent Butler guilty of violating A.C.A. § 17-42-311(a)(4), 17-42-311(a)(6), 17-42-311(a)(7), 17-42-311(a)(13), 17-42-311(a)(9) and 17-42-311(a)(11), and AREC Regulations 10.7(a)(1), 8.5(a) and 10.1(b). Respondent Stinnett was found to be in violation of A.C.A. § 17-42-311(a)(2) and AREC Regulation 10.4(b).
Sanctions: Respondent Butler’s salesperson’s license was revoked and Respondent Butler was ordered to pay a fine of $5,000 to the AREC within 30 days of the date of the final Order. Respondent Stinnett was also ordered to successfully complete a minimum of six hours broker agent continuing education to be approved in advance by the Executive Director and in addition to the annual continuing education hours required to renew a license. The Executive Director shall determine the time for completing the extra hours. Respondent Stinnett was also ordered to submit a written office policy/procedure manual on agent-owned property within six months of the date of the final Order.
 

In December 2010, the Subject Property located at 12205 Sundew Cove, North Little Rock, AR, was quitclaimed from the owner Larue Young to Carla Perkins, Respondent Butler’s companion. At the time, the Subject Property was still subject to a mortgage held by BAC Home Loan Servicing. The Quitclaim Deed was never filed with the Pulaski County Circuit Clerk. Respondent Butler had no interest in the Subject Property recorded or unrecorded.

On June 1, 2011, Complainants Karona and Shannon Smith entered into a Residential Lease with Option to Purchase the Subject Property with Respondent Butler. Respondent Butler signed the agreement as Lessor even though the agreement referred to him as Lessee. Complainants Smith paid Respondent Butler $5,000 as a non-refundable down paymentfor the Option to Purchase the Subject Property. The term of the initial lease was 12 months, with $1,100 due each month. The total purchase price of the Subject Property was agreed to be $150,000 minus the down payment.

The $5,000 was not placed in a trust account, escrow account or any account controlled by Respondent Butler’s Principal Broker, Respondent Stinnett. Respondent Butler did not disclose to Complainants Smith that he held an Arkansas Salesperson License. Complainants Smith believed that Respondent Butler was the owner of the Subject Property and that they were leasing the property from Respondent Butler. From June 1, 2011 until June 1, 2012, Respondent Butler collected $1,100 rent each month from Complainants Smith. Those funds were not remitted to Larue Young or the mortgage holder.

On June 20, 2012, Complainants Smith received notice from the Mikel Law Firm of Little Rock, AR, acting on behalf of the mortgage holder, BAC Home Loan Servicing, notifying the Complainants Smith that the Subject Property was in foreclosure and would be sold at the Pulaski County Courthouse if action was not taken. At this time, Complainants Smith discovered that Respondent Butler was not the owner of the Subject Property. On August 3, 2012, Complainants Smith terminated the lease on the Subject Property. Respondent Butler refunded Complainants Smith $3,900 from the original down payment. On August 15, 2012, the Subject Property was sold at foreclosure to Federal National Mortgage Association.

Respondent Stinnett was fully aware of Respondent Butler’s property management activities with respect to the Subject Property, but Respondent Stinnett took no action to ensure that Respondent Butler placed the non-refundable down payment into a trust or escrow account. Respondent Stinnett took no action to ensure that Respondent Butler remitted the monthly rents to him as supervising Broker.

Stinnett, Michael | Principal Broker | Little Rock, AR

01/07/2013 | Hearing No. 3253
Respondent(s): Louis Butler, Salesperson, and Michael Stinnett, Principal Broker, Stinnett Realty, Little Rock, AR, Formal Hearing 3253
 
Voilation(s):The Commission found Respondent Butler guilty of violating A.C.A. § 17-42-311(a)(4), 17-42-311(a)(6), 17-42-311(a)(7), 17-42-311(a)(13), 17-42-311(a)(9) and 17-42-311(a)(11), and AREC Regulations 10.7(a)(1), 8.5(a) and 10.1(b). Respondent Stinnett was found to be in violation of A.C.A. § 17-42-311(a)(2) and AREC Regulation 10.4(b).
 
Sanctions: Respondent Butler’s salesperson’s license was revoked and Respondent Butler was ordered to pay a fine of $5,000 to the AREC within 30 days of the date of the final Order. Respondent Stinnett was also ordered to successfully complete a minimum of six hours broker agent continuing education to be approved in advance by the Executive Director and in addition to the annual continuing education hours required to renew a license. The Executive Director shall determine the time for completing the extra hours. Respondent Stinnett was also ordered to submit a written office policy/procedure manual on agent-owned property within six months of the date of the final Order.
 
In December 2010, the Subject Property located at 12205 Sundew Cove, North Little Rock, AR, was quitclaimed from the owner Larue Young to Carla Perkins, Respondent Butler’s companion. At the time, the Subject Property was still subject to a mortgage held by BAC Home Loan Servicing. The Quitclaim Deed was never filed with the Pulaski County Circuit Clerk. Respondent Butler had no interest in the Subject Property recorded or unrecorded.
 
On June 1, 2011, Complainants Karona and Shannon Smith entered into a Residential Lease with Option to Purchase the Subject Property with Respondent Butler. Respondent Butler signed the agreement as Lessor even though the agreement referred to him as Lessee. Complainants Smith paid Respondent Butler $5,000 as a non-refundable down paymentfor the Option to Purchase the Subject Property. The term of the initial lease was 12 months, with $1,100 due each month. The total purchase price of the Subject Property was agreed to be $150,000 minus the down payment.
 
The $5,000 was not placed in a trust account, escrow account or any account controlled by Respondent Butler’s Principal Broker, Respondent Stinnett. Respondent Butler did not disclose to Complainants Smith that he held an Arkansas Salesperson License. Complainants Smith believed that Respondent Butler was the owner of the Subject Property and that they were leasing the property from Respondent Butler. From June 1, 2011 until June 1, 2012, Respondent Butler collected $1,100 rent each month from Complainants Smith. Those funds were not remitted to Larue Young or the mortgage holder.

On June 20, 2012, Complainants Smith received notice from the Mikel Law Firm of Little Rock, AR, acting on behalf of the mortgage holder, BAC Home Loan Servicing, notifying the Complainants Smith that the Subject Property was in foreclosure and would be sold at the Pulaski County Courthouse if action was not taken. At this time, Complainants Smith discovered that Respondent Butler was not the owner of the Subject Property. On August 3, 2012, Complainants Smith terminated the lease on the Subject Property. Respondent Butler refunded Complainants Smith $3,900 from the original down payment. On August 15, 2012, the Subject Property was sold at foreclosure to Federal National Mortgage Association.
 
Respondent Stinnett was fully aware of Respondent Butler’s property management activities with respect to the Subject Property, but Respondent Stinnett took no action to ensure that Respondent Butler placed the non-refundable down payment into a trust or escrow account. Respondent Stinnett took no action to ensure that Respondent Butler remitted the monthly rents to him as supervising Broker.
12/03/2012

Davis, Jeffrey (Scott) | Salesperson | Springdale, AR

12/03/2012 | Hearing No. 3252
Respondent: Jeffrey (Scott) Davis, Inactive Salesperson, Springdale, AR, Formal Hearing # 3252
 
Voilation(s): Respondent Davis was found to be in viiolation of A.C.A. § 17-42-311(a)(13), and AREC Regulations 3.2(a) and 3.2(b).

Sanction(s): Respondent Jeffrey (Scott) Davis was ordered to make payment in full of $75 to the Commission within 30 days of the date of the Hearing. If Respondent fails to make payment in full within that time, his real estate license will be revoked.

On or about April 9, 2012, Respondent provided a counter check in the amount of $50.00 as payment of a penalty in accordance with the Commission’s Consent Order, Formal Hearing # 3209. The subject counter check was dishonored as “Account Closed” by Arvest Bank. The Respondent was notified of this action by letter on August 31, 2012, and advised that a $25.00 service charge was incurred as a result. A money order or cashier’s check was therefore required as payment of the penalty. Funds in the amount of $75.00 were not received and a second letter of notification was sent to the Respondent on September 24, 2012. Both letters were sent by certified mail to the Respondent, who accepted both of them. Payment of the penalty and bad check fee for a total of $75.00, to date, had not been paid to the Commission by the Respondent.
(NOTE: Respondent Jeffrey (Scott) Davis failed to make payment as ordered by the Commission and his license was revoked in accordance with the Commission’s order.)
 
10/01/2012

Curtis, Cynthia | Salesperson | Little Rock, AR

10/01/2012 | Hearing No. 3248
Respondent: Cynthia Curtis, Salesperson, The Danny Thomas Company
Little Rock, AR, Formal Hearing # 3248

Violations: Arkansas Code Annotated § 17-42-311 and Commission Regulations 10.1, 10.7(a)(1) and 10.5(b)

Sanctions: Respondent Curtis’ real estate license was revoked.
 
  • Respondent Curtis was licensed as a salesperson with The Danny Thomas Company from April 17, 2007 until June 25, 2012. On or about February 24, 2011, Respondent was hired by Mary Williamson, owner of Lindell Square in Hot Springs, AR, as an independent contractor Property Manager. Respondent accepted rents, deposits, and signed leases on behalf of Mary Williamson. Respondent was paid a monthly fee and 25% commission on the first month’s rent from tenants. Ms. Williamson was not utilizing The Danny Thomas Company as a Property Manager.
  • On or about June 21, 2012, Complainant Kathy de Saint Felix located documentation showing that Respondent had been working as a Property Manager for Ms. Williamson without the knowledge of her Principal Broker, William Thomas of the Danny Thomas Company. Respondent in fact had been working as a Property Manager for Ms. Williamson without the knowledge of her Principal Broker, William Thomas of the Danny Thomas Company, and she did not deliver to her Principal Broker the rents and deposits she accepted through her work as a Property Manager for Ms. Williamson.
06/25/2012

Falwell, Adred Carol | Principal Broker | Newport, AR

06/25/2012 | Hearing No. 3240
Respondent: Adred Carol Falwell, Principal Broker, Sink Realty, Newport, AR
 
Violations: Arkansas Code Annotated § 17-42-311(a)(11) and Commission Regulations 10.12(a), 8.5(a) and 10.13(b)
 
Sanctions: Respondent is to pay penalties totaling $2,500 payable to the AREC, and to take 30 hours of the AREC post-licensure course. Such course is in addition to the regular continuing education requirement, is to be approved in advance by the AREC Executive Director and is not eligible for scholarship.
 
  • On February 21, 2011, Respondent listed for sale 212 Vine St., Newport, Arkansas. The Property was owned by Charlie and Arlene Kunkel.  Respondent included an Addendum to the Exclusive Right to Sell that stated in part, “the sellers hereby give Sink Realty the right to allow or disallow other real estate companies to show their property at 212 Vine, Newport, AR 72112.”
  • On August 19, 2011, Complainant Reid, Principal Broker of Bratcher Real Estate showed prospective buyers, Cecil and Linda McDonald, several properties in Newport, Arkansas.  The McDonalds asked Mary Bratcher Reid to arrange for them to see Seller Kunkel’s property at 212 Vine.  Complainant Reid contacted Sink Realty and informed agent Massey with Sink Realty that she was asking for permission to show the property at 212 Vine St., Newport, Arkansas to prospective buyers. Respondent did not give permission to Complainant Reid to show the subject property to buyers McDonald. Complainant Reid informed agent Massey that she would send prospective buyers to Sink Realty so they could arrange to see the subject property with one of Sink Realty’s agents.
  • Upon Complainant Mary Bratcher Reid’s advice, buyers McDonald contacted Respondent’s firm and arranged to view the property with one of Respondent’s agents. Buyers McDonald viewed the property with an agent with Respondent’s firm.
  • On or about September 18, 2011, buyers McDonald contacted Complainant Reid and told her they wanted to make an offer on the subject property. Complainant Reid prepared an Exclusive Buyer Agency Agreement which Buyers McDonald signed. Complainant Reid prepared buyer McDonald’s offer for the subject property. Complainant Reid presented Buyer McDonald’s offer to Respondent Falwell. Respondent Falwell refused to present buyer McDonald’s offer to seller Kunkel because the offer had been prepared by Complainant Reid.
  • On or about September 18, 2011, Respondent contacted prospective buyers McDonald directly and told them they needed to make their offer on the subject property through the Respondent’s firm. Respondent Falwell prepared an offer for buyers McDonald on or about September 20, 2011. The agency option on the offer prepared by Respondent Falwell indicated that the listing and selling firm were one and the same and represented both buyer and seller. Respondent Falwell knew or should have known that Buyers McDonald may have entered into an exclusive buyer agency agreement with Complainant Reid of Bratcher Real Estate. Respondent Falwell did not contact Complainant Reid to confirm whether such exclusive buyer agency agreement existed. Respondent Falwell did not notify buyers McDonald in writing to consult with an attorney regarding the risk of being liable for two (2) separate commissions.
  • Respondent Falwell presented buyers McDonald’s offer dated September 20, 2011, to Sellers Kunkel. Seller Kunkel accepted Buyers McDonald’s offer and the transaction was subsequently closed.
06/06/2012

James, Karen Denise | Salesperson | Little Rock, AR

06/06/2012 | Hearing No. 3174
Respondent: Karen Denise James, Salesperson, McDaniel and Company Realtors, Little Rock, AR, Formal Hearing # 3174

Violations: Arkansas Code Annotated § 17-42-311(a)(9), § 17-42-311(a)(6) and § 17-42-311(a)(11); and Commission Regulations 10.1(b), 10.7(a)(1), 10.11 and 10.12(b)

Sanctions: Respondent will take the six-hour agent broker responsibility continuing education (CE) class, in addition to the normal CE requirements, and pay a penalty of $500 to the AREC.

Respondent James was licensed as a salesperson with McDaniel and Company Realtors of Little Rock, AR when she built and owned two properties in Sherwood, one on Meridian Road and one on Whitewood Road. Both were listed with McDaniel and Company Realtors.
  • On March 30, 2010, Respondent entered into a Real Estate Contract for the Meridian Road property without making full disclosure that she held an Arkansas Real Estate Salesperson License.
  • Respondent failed to remit earnest money to the listing company, McDaniel and Company Realtors, per the terms of the real estate contract.
  • On April 29, 2010, Respondent entered into a Real Estate Contract for the sale of the Whitewood Road property without making full disclosure that she held an active Arkansas Real Estate Salesperson License.
  • The second transaction occurred without Principal Broker Ralph McDaniel’s knowledge.
  • Respondent failed to have the Real Estate Contract brokered and signed by her supervising Broker.
06/01/2012

Nellum, Collins | Salesperson | Fort Smith, AR

06/01/2012 | Hearing No. 3192
Respondent: Collins Nellum, Salesperson, Envision Real Estate Group, LLC, Fort Smith, AR, Consent Order, Formal Hearing # 3192

Violations: Arkansas Code Annotated § 17-42-301(a), § 17-42-311(a)(9) and § 17-42-311(a)(2); and Commission Regulations 6.3(b) and 10.5(a)

Sanctions: Letter of Reprimand placed in his license file for one year and a $400 penalty payable to the AREC.

Respondent Nellum’s Salesperson license expired on January 1, 2012 and was not renewed as active until January 6, 2012. During that time, Respondent, through his website, represented himself as engaged in the real estate brokerage business when he did not hold an active salesperson license. Respondent’s website included property listings without a reference to the firm with which he was licensed, Envision Real Estate Group, LLC.
04/16/2012

Baker, Joe | Principal Broker | Rogers, AR

04/16/2012 | Hearing No. 3175
Respondent: Joe Baker, Principal Broker, Jim Tucker The Land Man, Rogers, AR, Consent Order, Formal Hearing # 3175
 
Violation: Commission Regulation 10.16(b)

Sanctions: Letter of Reprimand placed in his license file for one year and a $150 penalty payable to the AREC.

Respondent Baker’s Missouri Real Estate License was revoked on March 18, 2010 for failing to respond to the Missouri Real Estate Commission’s request to verify his escrow account information.
 
Respondent Baker failed to notify the Commission within 30 days of the license revocation.
02/14/2012

Dalton, Kenetta D | Salesperson | Jacksonville, AR

02/14/2012 | Hearing No. 3165
Respondent: Kenetta D. Dalton, Salesperson, Mason & Co. Realty, Jacksonville, AR, Formal Hearing # 3165
 
Violations: Arkansas Code Annotated § 17-42-311(a)(3) and Commission Regulation 10.16(a)

Sanctions: Letter of Reprimand placed in her license file for one year and a $50 penalty payable to the AREC.
 
Respondent Dalton pled guilty to the charge of Misdemeanor Possession of Marijuana and Misdemeanor Possession of Drug Paraphernalia in the District Court of Jacksonville, AR on May 25, 2011. Respondent Dalton failed to notify the Commission within 30 days.
02/13/2012

Hailey, Susan Smith | Broker | Paragould, AR

02/13/2012 | Hearing No. 3170
Respondent: Susan Smith Hailey, Broker, Paragould, AR
Formal Hearing # 3170
 
Violations:
Arkansas Code Annotated § 17-42-311(a)(3) and 17-42-312(a)(4); and Commission Regulation 10.16(a)
 
Sanctions:
Respondent’s broker license status is reduced to a salesperson’s license and is suspended for 60 days. Respondent is ineligible to apply for a broker’s license for two years.
 
  • On October 14, 2011, Respondent Hailey submitted to the Commission a letter of request to activate her real estate broker license. Respondent self-disclosed that, while an inactive real estate Broker, she pled guilty to one Felony charge. On or about the 5th day of January 2011, Respondent pled guilty to the charge of Tampering with a Public Record, a Class D Felony. Respondent was sentenced to 30 months supervised probation and ordered to pay fines and restitution. Respondent is currently serving her probation and resolving fines and restitution through court payments. Respondent failed to submit a written report to the Commission within 30 days of the plea as required by Commission Regulation 10.16(a).
01/09/2012

Allen, Jere | Principal Broker | Mountain Home, AR

01/09/2012 | Hearing No. 3169
Respondent: Jere Allen, Principal Broker, Sunbelt Hotel Brokers
Mountain Home, AR, Formal Hearing # 3169
Violations:
Arkansas Code Annotated § 17-42-311(6)(a), 17-42-311(a)(2), 17-42-311(a)(13) and 17-42-311(a)(11); and Commission Regulations 10.8(g)(1), 10.8(b), 10.9(a) and 8.5(a)
Sanctions:
Respondent Allen’s license is revoked and he is fined $1,000 per violation for a total of $5,000.
 
In a Recovery Fund Hearing, Respondent was ordered to pay Complainant Jignesh Patel $23,332.57.
  • Mitesh Patel, potential purchaser and customer of Respondent Allen, entered into a Letter of Intent to purchase a hotel located in Bessemer, AL. Respondent Allen accepted a cashier’s check for $25,000 dated July 23, 2009 paid to the order of “Sunbelt Hotel Brokers LLL-Escrow Account” remitted by Mitesh Patel as a deposit for the purchase of the hotel. On July 24, 2009, the $25,000 was deposited into Respondent’s operating account. When the real estate transaction did not occur, Respondent Allen submitted a check in the amount of $25,000 on the account of Sunbelt Hotel Brokers LLC to refund Mitesh Patel’s escrow deposit. The check was returned for “Not Sufficient Funds.” Respondent refunded the escrow deposit to Mitesh Patel on November 11, 2009 with a cashier’s check paid to the order of the Prosecuting Attorney.
  • Randy Ricketts, representing P&R Management, LLC, potential purchaser and customer of Respondent Allen, entered into a Letter of Intent to purchase a hotel in St. Augustine, FL from an owner whom Respondent represented. The Letter of Intent dated March 1, 2010 stated “Purchaser shall deliver to Sunbelt Hotel Brokers LLC - Escrow $50,000 by certified funds or Wire transfer upon execution of the letter of intent by the seller and purchaser.” On March 7, 2010 Randy Ricketts instructed by email that $50,000 be wired to Sunbelt Hotel Brokers LLC-Escrow Account as a deposit for the purchase of the hotel. When the real estate transaction did not occur, Randy Ricketts requested the deposit be returned. On or about May 28, 2010, Randy Ricketts received a wire transfer of $40,000 from Respondent. On or about September 2010, Randy Ricketts received $1,000 from Respondent. A check dated September 20, 2010 written on the account of Sunbelt Hotel Brokers LLC for $9,000 payable to Randy Ricketts was returned for “Not Sufficient Funds.” Respondent signed a Promissory Note dated October 15, 2010 for the $9,000 owed to Randy Rickets.
  • Jignesh Patel, potential purchaser and client of Respondent, entered into a Letter of Intent to purchase a hotel located in Union City, GA. The Letter of Intent, dated April 11, 2011, stated, “Purchaser shall deliver to Escrow agent Sunbelt Hotel Management, LLC $22,500 by wire transfer with letter of intent.” The Letter of Intent, written on the letterhead of Respondent’s real estate firm, Sunbelt Hotel Brokers, included the signature of Jignesh Patel but not the seller. The $22,500 deposit was received by Respondent and deposited on April 12, 2011 into Respondent’s operating account, where it was commingled with Respondent’s personal or non-trust funds. When the real estate transaction did not occur, Complainant Jignesh Patel requested Respondent return the deposit money on or about April 28, 2011. Respondent has not returned the deposit to Complainant Jignesh Patel. In an email to Complainant Jignesh Patel, dated May 20, 2011, Respondent indicated that he had used part of the Complainant’s deposit to loan a friend $16,000.

Stevens, Holly C | Salesperson | Little Rock, AR

01/09/2012 | Hearing No. 3171
Respondent: Holly C. Stevens, Salesperson, Unlimited Properties Realty, Little Rock, AR, Formal Hearing # 3171
Violations:
Arkansas Code Annotated § 17-42-311(a)(7) and (13), 17-42-311(a)(2) and 17-42-311(a)(11); and Commission Regulation 10.16(b)
Sanctions:
Respondent Stevens’ license is revoked.
 
On March 4, 2011, the Disciplinary Hearing Commission of the North Carolina State Bar, 10 DHC 27, disbarred Respondent Stevens from the practice of law in North Carolina. Respondent failed to make a written report to the Arkansas Real Estate Commission within 30 days after the disbarment from the practice of law in North Carolina.
11/18/2011

Brock, Alan D | Principal Broker | Grapevine, TX

11/18/2011 | Hearing No. 3160
Respondent: Alan D. Brock, Principal Broker, Alan Brock and Associates, Grapevine, TX, Consent Order, Formal Hearing # 3160

Violation: Arkansas Code Annotated § 17-42-311(a)(3) and Commission Regulation 10.16(a)
 
Sanctions: Letter of Reprimand placed in his license file for one year, $50 penalty payable to the AREC; one-year suspended probation.

Respondent Brock reported the Judgement in the County Criminal Court #1, Dallas County, TX of a Negotiated Plea of Guilty to DWI 2nd, a Class “A” Misdemeanor, on May 23, 2011. The AREC was not notified of either DWI charge within 30 days.

Ferguson, Karen I | Salesperson | Springdale, AR

11/18/2011 | Hearing No. 3167
 
Respondent: 
Karen I. Ferguson, Salesperson, Weichert Realtors-Downum Group, Springdale, AR Consent Order
 
Violation: 
Arkansas Code Annotated § 17-42-311(a)(3) and Arkansas Real Estate Commission Regulation 10.16(a).
 
Sanctions:
Letter of Reprimand in her license file for one year and pay a $50 penalty to the AREC.
 
Respondent Ferguson was found guilty of Disorderly Conduct in the District Court of Springdale, AR on March 11, 2011 and failed to notify the Commission within 30 days of the conviction.

 
11/16/2011

Bogard, James P | Salesperson | Higden, AR

11/16/2011 | Hearing No. 3168
 
Respondent:
James P. Bogard, Salesperson, Bogard Realty, Higden, AR 
 
Violations: 
Arkansas Code Annotated § 17-42-311(a)(3) and 17-42-312 (a) (4); and Commission Regulation 10.16(a)
 
Sanctions:
Letter of Reprimand to be issued by the Executive Director, and be allowed to activate his real estate salesperson’s license.
 
Respondent Bogard’s Real Estate Salesperson License expired on January 01, 2010.
  • On September 30, 2010, the Commission received Respondent Bogard’s Real Estate License Renewal for his expired 2010 Real Estate Salesperson License. 
  • At that time Respondent Bogard disclosed a Misdemeanor Judgement whereby he had entered a guilty plea to Theft of Property.  The original arrest was for Felony Theft by receiving that occurred on December 11, 2008. The charge was changed to a Misdemeanor on January 26, 2010.
  • Respondent Bogard submitted an Explanation of Events, Warrants for Arrest, Court Documents, Charging documents, and Conditions of Bond, the Judgment of Misdemeanor Charge and receipts of payment of restitution in full. 
  • Respondent Bogard did not make a written report to the Arkansas Real Estate Commission within 30 days of the Misdemeanor Judgement as required by Commission Regulation 10.16(a).
10/17/2011

Brown, Virgil | Principal Broker | Bryant, AR

10/17/2011 | Hearing No. 3156
Respondent: Virgil Brown, Principal Broker, Jerry Wallace, Salesperson, Vue Realty, Bryant, AR, Formal Hearing # 3156
Violations:
Both Respondents - Arkansas Code Annotated § 17-42-311(a)(7), 17-42-311(a)(11) and 17-42-311(a)(13); and Commission Regulations 10.12(a), 10.12(b), 10.10(a) and 8.5(a)
Respondent Brown - Commission Regulations 10.4(b), 10.7(b)(1), 10.7(b)(3) and 10.11
Sanctions:
Respondent Wallace is fined $500 per charge, for a total of $5,500. His license is revoked.
Respondent Brown is fined a total of $2,500. His broker’s license is revoked.
In a Recovery Fund Hearing Respondents were ordered to pay Complainant Davidson’s expenses in the amount of $1,600.
 
  • On March 21, 2009, Vickie and Gerald Wallace, Respondent Jerry Wallace’s parents, made an offer of $166,000 on a property at 1480 Hilltop Road, Alexander, AR. Respondent Wallace did not present this Offer to Seller Complainant Davidson until December 2009. Closing date was set for December 30, 2009. A second Offer was made by RI, LLC for $166,000 with a closing date of June 1, 2009. This offer was signed by Seller Complainant Davidson but was not dated. Respondent Virgil Brown held an ownership interest in RI, LLC. Seller Complainant Davidson was not aware that Respondent Brown held this ownership interest.
  • On April 2, 2009, another Offer by RI, LLC was received for a sales price of $163,300 with a closing date of May 15, 2009. This offer was signed by Respondent Wallace on April 2, 2009; the Seller’s signature on this Offer is not the signature of Seller Complainant Davidson. On May 9, 2009, a Net Sheet was forwarded to Bank of America for the $163,300 Offer from RI, LLC as the Buyer, along with a workout letter and other pertinent short sale processing documents.
  • On September 30, 2009, Complainants Vaughan made an Offer for $185,000 on the subject property through Tammy McCorkel, their sales agent with Truman Ball and Associates. This offer was not signed by Seller Complainant Davidson, listing agent Respondent Wallace or listing Broker Respondent Brown. This Offer was not presented to Seller Complainant Davidson. Complainants Vaughan were aware that this was a Short Sale. Respondent Wallace informed Complainants Vaughan’s sales agent McCorkel that a previous offer was no longer in consideration. The expiration date on Complainants Vaughan’s offer was October 5, 2009.
  • On October 5, 2009, Bank of America contacted Respondent Wallace stating the HUD-1 and real estate contract were needed to prevent deactivation of the account. Records received from Bank of America reflect that on October 8, 2009, a HUD-1 was receivedby Bank of America listing RI, LLC as the buyer for $166,000. On October 21, 2009 Bank of America asked Respondent Wallace for the name of the buyer to provide the investors. Respondent Wallace provided the HUD-1 listing Vickie Wallace as the buyer. On October 22, 2009, Bank of America issued a Pre-foreclosure Settlement Statement showing Vickie Wallace as the buyer for the $166,000 sales price. This Statement from Bank of America Home Loans Servicing, LP, was provided by the Respondents; however, it had the date and account number removed. This Statement stated the closing had to occur no later than December 5, 2009.
  • A Pre-foreclosure Settlement Statement from Bank of America Home Loans Servicing, LP states “...(Bank of America) Home Loans Servicing, LP and/or its investors agree to accept a short sale payoff...The approved buyer(s) is/are Vickie Wallace and the sales price for the property is $166,000.” October 22, 2009, was the date the Statement from Bank of America showed as an acceptance date. Complainants Vaughan were notified by Salesperson McCorkel that the party who made the original offer was again interested in the property; therefore, Complainants Vaughan needed to make their highest and best offer. At 7 pm. on October 22, Complainants Vaughan made an offer of $206,000 for the subject property.
  • On October 28, Complainants Vaughan’s offer of $206,000 on the property located at 1480 Hilltop Road, Alexander, AR was accepted by Seller Complainant Davidson. The closing date was stipulated as October 30, 2009. On or about October 29, 2009, Salesperson McCorkel told Complainants Vaughan that she was told by Respondent Wallace that the Complainants Vaughan had the highestest offer and “got the house” with a closing date of November 13, 2009. Respondent Wallace did not prepare an agreement to extend the closing date.
  • Sometime in early November, Complainants Vaughan received a call from Salesperson McCorkel that Vue Realty had neglected to change the name on the contract to reflect the Vaughan Offer when submitting the Vaughan offer to Bank of America. Respondents did not present Complainants Vaughan’s offer to Bank of America.
  • A couple of days later, Complainants Vaughan received a call from Salesperson McCorkel and were told the Listing Agent, Respondent Wallace, wanted McCorkel to let Complainants Vaughan know that there was a possibility that mobile homes and duplexes would be placed on the four acres adjoining the subject property. Respondent Wallace later purchased this adjoining property and built a house for his use on the property.
  • About Mid-November of 2009, Complainants Vaughan received a call from Salesperson McCorkel stating that their contract was canceled, that the other buyer was getting the property because they could close faster. Complainants Vaughan were told by Salesperson McCorkel that Vue Realty would reimburse them for their expenses if they signed the termination agreement stating they mutually agreed to terminate the contract between Buyer/Complainants Vaughan and Seller Complainant Davidson.
  • On November 16, 2009, the termination agreement was signed by Complainants Vaughan, Seller Complainant Davidson, Respondent Wallace and Respondent Brown. Complainants Vaughan signed the termination agreement because they were afraid they would not get their money for the expenses Complainants Vaughan had incurred and still might not get the house. On November 18, two days after signing the termination agreement, Respondent Wallace faxed to the buyer’s agent, Salesperson McCorkel, a copy of the Short Sale Addendum for Complainants Vaughan’s signatures. A Short Sale Addendum had never been signed by Complainants Vaughan. On or about November 23, 2009, Complainants Vaughan received a check in the amount of $800 from Brown Riordan Associates, refunding Complainants Vaughan’s appraisal and inspection expenses. On or about mid-November 2009, Respondents Wallace and Brown contacted agent McCorkel’s Principal Broker, Scott Cobb, and offered to arrange for Complainants Vaughan to rent the subject property from the Buyers Wallace for 90 days and then purchase the property from Buyers Wallace for $206.000. Broker Cobb notified Complainats Vaughan of the Respondents’ offer. Complainants Vaughan chose not to rent or buy the property from Buyers Wallace.
  • Sometime in December 2009, Respondent Wallace went unannounced to Seller Complainant Davidson’s home in Cave City, AR to obtain Complainant Davidson’s signature on a new Offer. Seller Complainant Davidson stated that Respondent Wallace informed her that Complainants Vaughan’s Offer of $206,000 was taking too long to close, and in order to prevent the property from going into foreclosure on December 5, 2009, Seller Complainant Davidson would need to sign the Offer from Vickie and Gerald Wallace in the amount of $166,000. This day in December 2009 was the first time Seller Complainant Davidson was made aware of Vickie and Gerald Wallace’s offer of $166,000. Seller Complainant Davidson accepted and signed the $166,000 Offer.
  • On June 17, 2009, Arkansas Real Estate Commission Staff sent a letter to Respondent Brown requesting the dates and proof of presentation to Bank of America of all Offers written by Complainants James and Peggy Vaughan and Buyers Vickie and Gerald Wallace and any response from Bank of America pertaining to these Offers, including rejection or acceptance notices. This information was not provided to the Commission by Respondent Brown.

Wallace, Jerry | Salesperson | Bryant, AR

10/17/2011 | Hearing No. 3156
Respondent: Virgil Brown, Principal Broker, Jerry Wallace, Salesperson, Vue Realty, Bryant, AR, Formal Hearing # 3156
 
Violations:
Both Respondents - Arkansas Code Annotated § 17-42-311(a)(7), 17-42-311(a)(11) and 17-42-311(a)(13); and Commission Regulations 10.12(a), 10.12(b), 10.10(a) and 8.5(a)
Respondent Brown - Commission Regulations 10.4(b), 10.7(b)(1), 10.7(b)(3) and 10.11
 
Sanctions:
Respondent Wallace is fined $500 per charge, for a total of $5,500. His license is revoked.
Respondent Brown is fined a total of $2,500. His broker’s license is revoked.
 
In a Recovery Fund Hearing Respondents were ordered to pay Complainant Davidson’s expenses in the amount of $1,600.
 
  • On March 21, 2009, Vickie and Gerald Wallace, Respondent Jerry Wallace’s parents, made an offer of $166,000 on a property at 1480 Hilltop Road, Alexander, AR. Respondent Wallace did not present this Offer to Seller Complainant Davidson until December 2009. Closing date was set for December 30, 2009. A second Offer was made by RI, LLC for $166,000 with a closing date of June 1, 2009. This offer was signed by Seller Complainant Davidson but was not dated. Respondent Virgil Brown held an ownership interest in RI, LLC. Seller Complainant Davidson was not aware that Respondent Brown held this ownership interest.
  • On April 2, 2009, another Offer by RI, LLC was received for a sales price of $163,300 with a closing date of May 15, 2009. This offer was signed by Respondent Wallace on April 2, 2009; the Seller’s signature on this Offer is not the signature of Seller Complainant Davidson. On May 9, 2009, a Net Sheet was forwarded to Bank of America for the $163,300 Offer from RI, LLC as the Buyer, along with a workout letter and other pertinent short sale processing documents.
  • On September 30, 2009, Complainants Vaughan made an Offer for $185,000 on the subject property through Tammy McCorkel, their sales agent with Truman Ball and Associates. This offer was not signed by Seller Complainant Davidson, listing agent Respondent Wallace or listing Broker Respondent Brown. This Offer was not presented to Seller Complainant Davidson. Complainants Vaughan were aware that this was a Short Sale. Respondent Wallace informed Complainants Vaughan’s sales agent McCorkel that a previous offer was no longer in consideration. The expiration date on Complainants Vaughan’s offer was October 5, 2009.
  • On October 5, 2009, Bank of America contacted Respondent Wallace stating the HUD-1 and real estate contract were needed to prevent deactivation of the account. Records received from Bank of America reflect that on October 8, 2009, a HUD-1 was receivedby Bank of America listing RI, LLC as the buyer for $166,000. On October 21, 2009 Bank of America asked Respondent Wallace for the name of the buyer to provide the investors. Respondent Wallace provided the HUD-1 listing Vickie Wallace as the buyer. On October 22, 2009, Bank of America issued a Pre-foreclosure Settlement Statement showing Vickie Wallace as the buyer for the $166,000 sales price. This Statement from Bank of America Home Loans Servicing, LP, was provided by the Respondents; however, it had the date and account number removed. This Statement stated the closing had to occur no later than December 5, 2009.
  • A Pre-foreclosure Settlement Statement from Bank of America Home Loans Servicing, LP states “...(Bank of America) Home Loans Servicing, LP and/or its investors agree to accept a short sale payoff...The approved buyer(s) is/are Vickie Wallace and the sales price for the property is $166,000.” October 22, 2009, was the date the Statement from Bank of America showed as an acceptance date. Complainants Vaughan were notified by Salesperson McCorkel that the party who made the original offer was again interested in the property; therefore, Complainants Vaughan needed to make their highest and best offer. At 7 pm. on October 22, Complainants Vaughan made an offer of $206,000 for the subject property.
  • On October 28, Complainants Vaughan’s offer of $206,000 on the property located at 1480 Hilltop Road, Alexander, AR was accepted by Seller Complainant Davidson. The closing date was stipulated as October 30, 2009. On or about October 29, 2009, Salesperson McCorkel told Complainants Vaughan that she was told by Respondent Wallace that the Complainants Vaughan had the highestest offer and “got the house” with a closing date of November 13, 2009. Respondent Wallace did not prepare an agreement to extend the closing date.
  • Sometime in early November, Complainants Vaughan received a call from Salesperson McCorkel that Vue Realty had neglected to change the name on the contract to reflect the Vaughan Offer when submitting the Vaughan offer to Bank of America. Respondents did not present Complainants Vaughan’s offer to Bank of America.
  • A couple of days later, Complainants Vaughan received a call from Salesperson McCorkel and were told the Listing Agent, Respondent Wallace, wanted McCorkel to let Complainants Vaughan know that there was a possibility that mobile homes and duplexes would be placed on the four acres adjoining the subject property. Respondent Wallace later purchased this adjoining property and built a house for his use on the property.
  • About Mid-November of 2009, Complainants Vaughan received a call from Salesperson McCorkel stating that their contract was canceled, that the other buyer was getting the property because they could close faster. Complainants Vaughan were told by Salesperson McCorkel that Vue Realty would reimburse them for their expenses if they signed the termination agreement stating they mutually agreed to terminate the contract between Buyer/Complainants Vaughan and Seller Complainant Davidson.
  • On November 16, 2009, the termination agreement was signed by Complainants Vaughan, Seller Complainant Davidson, Respondent Wallace and Respondent Brown. Complainants Vaughan signed the termination agreement because they were afraid they would not get their money for the expenses Complainants Vaughan had incurred and still might not get the house. On November 18, two days after signing the termination agreement, Respondent Wallace faxed to the buyer’s agent, Salesperson McCorkel, a copy of the Short Sale Addendum for Complainants Vaughan’s signatures. A Short Sale Addendum had never been signed by Complainants Vaughan. On or about November 23, 2009, Complainants Vaughan received a check in the amount of $800 from Brown Riordan Associates, refunding Complainants Vaughan’s appraisal and inspection expenses. On or about mid-November 2009, Respondents Wallace and Brown contacted agent McCorkel’s Principal Broker, Scott Cobb, and offered to arrange for Complainants Vaughan to rent the subject property from the Buyers Wallace for 90 days and then purchase the property from Buyers Wallace for $206.000. Broker Cobb notified Complainats Vaughan of the Respondents’ offer. Complainants Vaughan chose not to rent or buy the property from Buyers Wallace.
  • Sometime in December 2009, Respondent Wallace went unannounced to Seller Complainant Davidson’s home in Cave City, AR to obtain Complainant Davidson’s signature on a new Offer. Seller Complainant Davidson stated that Respondent Wallace informed her that Complainants Vaughan’s Offer of $206,000 was taking too long to close, and in order to prevent the property from going into foreclosure on December 5, 2009, Seller Complainant Davidson would need to sign the Offer from Vickie and Gerald Wallace in the amount of $166,000. This day in December 2009 was the first time Seller Complainant Davidson was made aware of Vickie and Gerald Wallace’s offer of $166,000. Seller Complainant Davidson accepted and signed the $166,000 Offer.
  • On June 17, 2009, Arkansas Real Estate Commission Staff sent a letter to Respondent Brown requesting the dates and proof of presentation to Bank of America of all Offers written by Complainants James and Peggy Vaughan and Buyers Vickie and Gerald Wallace and any response from Bank of America pertaining to these Offers, including rejection or acceptance notices. This information was not provided to the Commission by Respondent Brown.
09/12/2011

Jackson, Melanie J. Jackson J | Principal Broker | Little Rock, AR

09/12/2011 | Hearing No. 3159
 
Respondents:
Melanie J. Jackson, Principal Broker, and Holly C. Stevens, Salesperson, Unlimited Properties, Little Rock, AR
 
Violations:
Commission Regulations 10.10(a), 10.12(b), and 10.4(b). 
 
Sanctions:
Completion of at least 30 hours post-license broker course (Melanie Jackson) and at least 18 hours post-license salesperson course (Holly C Stevens), both in addition to the annual required continuing education.
 
On October 21, 2009, at Respondent Stevens’ request, the Complainant Seller signed a blank Exclusive Right-to-Sell Agreement.  Respondent Stevens did not sign the Sales Contract as the listing licensee or as the licensee who received the offer from the Buyer. 
  • Respondent Jackson entered a closing date of November 18, 2009 on the Real Estate Contract.  The transaction did not close on November 18, 2009 and neither Respondent obtained a written agreement between the parties to extend the closing date. 
  • On January 7, 2010, a General Addendum was signed by the Complainant Seller and the Buyer amending the sales price, with Buyer to pay his own closing costs and the closing date to be extended to January 31, 2010. 
  • The transaction did not close on January 31, 2010 and neither respondent obtained a written agreement to extend the closing date. 
  • On March 15, 2010, a General Addendum was signed by Complainant Seller, the Buyer and Respondent Jackson changing the amount of the sales commission.
  • On March 29, 2010 the closing occurred and Complainant Seller paid the Buyer’s closing costs.

 

Smith, Jude T | Principal Broker | New Orleans, LA

09/12/2011 | Hearing No. 3157
In the Matter of Jude T. Smith, Principal Broker, SHARPMLS.COM, New Orleans, LA: By Consent Order, in Formal Hearing # 3157, the Commission voted that Respondent Principal Broker Smith shall receive a Letter of Reprimand to be placed in his license file for one year and pay a $250 penalty to the Arkansas Real Estate Commission.
  • The Commission found Respondent Smith in violation of Arkansas Code Annotated § 17-42-311(a)(13).
  • Respondent Smith, as Principal Broker, advertised himself as a broker in Arkansas without an active Arkansas broker
    license from January 1, 2011 until May 4, 2011.

Stevens, Holly C | Salesperson | Little Rock, AR

09/12/2011 | Hearing No. 3159
 
Respondents:
Melanie J. Jackson, Principal Broker, and Holly C. Stevens, Salesperson, Unlimited Properties, Little Rock, AR
 
Violations:
Commission Regulations 10.10(a), 10.12(b), and 10.4(b). 
 
Sanctions:
Completion of at least 30 hours post-license broker course (Melanie Jackson) and at least 18 hours post-license salesperson course (Holly C Stevens), both in addition to the annual required continuing education.
 
On October 21, 2009, at Respondent Stevens’ request, the Complainant Seller signed a blank Exclusive Right-to-Sell Agreement. Respondent Stevens did not sign the Sales Contract as the listing licensee or as the licensee who received the offer from the Buyer. 
  • Respondent Jackson entered a closing date of November 18, 2009 on the Real Estate Contract.  The transaction did not close on November 18, 2009 and neither Respondent obtained a written agreement between the parties to extend the closing date. 
  • On January 7, 2010, a General Addendum was signed by the Complainant Seller and the Buyer amending the sales price, with Buyer to pay his own closing costs and the closing date to be extended to January 31, 2010. 
    The transaction did not close on January 31, 2010 and neither respondent obtained a written agreement to extend the closing date. 
  • On March 15, 2010, a General Addendum was signed by Complainant Seller, the Buyer and Respondent Jackson changing the amount of the sales commission.
  • On March 29, 2010 the closing occurred and Complainant Seller paid the Buyer’s closing costs.

07/12/2011

Village Pro Complaintants, Recovery Fund Order | | Hot Springs Village

07/12/2011 | Hearing No.
RECOVERY FUND ORDER
 
As a direct result of the proven violations by Respondent Lemuel Dwight Turner, in Formal Hearing # 3154, held on July 11, 2011; and the Consent Order, Formal Hearing # 3104, dated July 26, 2010, by Respondent Keitha Turner; and the Recovery Fund Hearing held on July 12, 2011, the Commission finds that the Respondents, Keitha Turner and Lemuel Dwight Turner, are jointly and severally liable and are ordered to pay the Complainants listed in Attachment A, Column 1, the amounts listed in Column 2, within thirty (30) days of the date of this Order.
 
In the event the Respondents do not pay some or all of the amounts awarded the Complainants as set forth above within thirty (30) days, the Complainants may be paid from the Recovery Fund.  Since the total amount the Complainants were awarded exceeds the amount of Recovery Fund liability pursuant to Arkansas Code Annotated § 17-42-406(c), which states $75,000.00, times two (2) licensees, is $150,000.00, each Complainant may be paid a pro rata share of the $150,000.00 available.  The Complainants shall be notified of the percentage that was awarded and was distributed by the Executive Director.
DONE AND SO ORDERED this 1st day of August, 2011.
 
ARKANSAS REAL ESTATE COMMISSION
BY:  GARY C. ISOM
EXECUTIVE DIRECTOR
 

                                                           Attachment A                                              

Column 1                                                                                                 Column 2

COMPLAINANT                                                                  TOTAL ORDERED

Accardo, Zackary & Aline                                                                      $3,173.95
Archer, Joan & Uram, Gail                                                                      $3,800.77
Bossaller, Larry & Elaine                                                                           $587.50
Bowman, Robert & Ann                                                                         $7,755.75
Brown, Richard & Susan                                                                        $7,655.00
Calvin, Brian & Amanda (Tenants)                                                      $1,550.00
Caswell, Gerald                                                                                        $5,400.00
Chown, Arthur                                                                                           $331.50
Christensen, Ronald & Rosdahl, Caroline                                             $715.00
Cook, George & Susan                                                                          $2,490.00
Cutler, Alan & Jacqueline                                                                        $893.50
Davis, Herbert & Gwendolyn                                                               $1,620.00
Dietz, Donald & Borgeson, Virginia                                                    $1,393.75
Dietz, Julius & Lynda (Tenants)                                                          $1,425.00
Dobrick, John                                                                                          $2,374.80
Easterwood, Gary                                                                                   $1,458.25
F&L Gaston Family Limited Partnership                                           $10,698.37
Golm, Robert & Denise                                                                          $1,280.00
Grams, Carol                                                                                            $2,700.00
Griffin, Karen & Wayne (Tenants)                                                      $1,650.00
Grisko, David & Tamara                                                                        $1,010.07
Hays, Loreta                                                                                              $496.13
Hyndman, Lloyd & Sharon                                                                     $957.50
Jones, John                                                                                             $4,200.00
Jones, Myrl & Ruby                                                                              $2,823.22
Jones, Myrl & Ruby                                                                              $2,282.03
Kapheim, Robert & Lynn                                                                      $3,123.05
Kittner, George & Valerie                                                                      $1,929.35
Knechtges, Vinton & Karen                                                                 $2,393.05
Kois, Tadeusz                                                                                         $4,007.50
Kross, Christopher                                                                                 $3,285.00
Larson, James & Nancy                                                                         $2,925.00
Mayerhofer, Anthony & Nancy                                                           $1,980.00
Meyers, John & Susan                                                                           $1,300.00
Middleton, Ross                                                                                      $2,204.00
Montgomery, Carmen                                                                             $2,475.00
Nordhaus, John & Helen                                                                        $2,978.00
Riedel, Kathie                                                                                           $2,923.20
Riley, John & Rubin, Judith                                                                   $1,906.43
Rodenberg, Marshall                                                                               $3,060.00
Schaeffer, Brian                                                                                        $2,324.00
Schechter, Jerome                                                                                  $12,544.67
Schnepp, Robert                                                                                      $6,160.00
Security Bank                                                                                           $3,240.00
Shults, John & Bernadette                                                                     $3,774.91
Simmons, William                                                                                       $780.00
Sitzler, Dennis                                                                                          $3,825.00
Skidmore, David                                                                                      $1,755.00
Smith, Patti & Scott                                                                                   $750.00
Smith, Richard & Sandra                                                                          $975.00
Steinhauer, Jill                                                                                         $3,580.00
Stratton, Kenneth                                                                                               -  
Sullivan, William (Tenant)                                                                       $900.00
Tew, Richard & Valerie                                                                         $5,113.97
Treadwell, Lloyd & Joan                                                                       $1,312.00
Tyree, Phil                                                                                               $4,887.50
Valdstein, Michael & Tamara                                                               $3,960.00
Webb, Linda                                                                                           $1,673.00
White, Gloria                                                                                           $2,992.50
Whitfield, Robert & Janice                                                                   $4,749.62
Wright, Sue (Tenant)                                                                               $125.00
Zaehringer, Claire                                                                                  $2,798.20
      

Grand Total Line                                                                           $175,432.04

07/11/2011

Turner, Lemuel Dwight | Principal Broker | Hot Springs Village, AR

07/11/2011 | Hearing No. 3154

In Formal Hearing # 3154, the Commission voted that Respondent Dwight Turner’s license be revoked indefinitely. He was fined $1,000 for each of the eight violations proven, for
a total of $8,000, to be paid to the Arkansas Real Estate Commission.

  • The Commission found Respondent Dwight Turner in violation of Arkansas Code Annotated § 17-42-311(a)(7), §
    17-42-311(a)(11) and § 17-42-311(a)(13), and Commission Regulations 8.5(a), 10.8(b), 7.5(c) and 10.7(c).
  • By Consent Order, in Formal Hearing # 3104, Respondent Keitha Turner voluntarily agreed to surrender her broker
    license.
  • The Commission found Respondent Keitha Turner in violation of Arkansas Code Annotated § 17.42.311(a)(6) and Commission Regulations 8.5(a) and 10.8(b).
  • Keitha and Dwight Turner, as owners, officers and real estate licensees and brokers of Village Pro Realty, Inc., engaged in a pattern and practice of conduct in violation of the Real Estate License Law or Commission Regulations. Respondents managed or leased properties for 93 complainants. Some properties were rented on a long-term lease while other properties were placed in a nightly rental program. During Respondents’ tenures with Village Pro Realty, Inc., each participated in the collection of rental monies, security deposits and monies designated for repairs for properties managed by the firm. Respondents did not account for or remit funds collected and failed to disburse those funds appropriately. Respondents commingled clients’ and customers’ monies with personal monies and disbursed client and customer monies without authorization. Prior to January 1, 2011, Respondent Dwight Turner closed Village Pro Realty, Inc., without returning all licenses and pocket cards issued to persons associated with Village Pro to the Real Estate Commission, and without notifying the Real Estate Commission of the address and phone number of the place where the records are to be maintained. 
  • As a direct result of the proven violations by Respondent Lemuel Dwight Turner, in Formal Hearing # 3154, and by Respondent Keitha Turner by Consent Order, Formal Hearing # 3104, and the Recovery Fund Hearing held on July 12, 2011, the Commission found Respondents jointly and severally liable and ordered them to pay the Complainants within 30 days of the date of the Order. In the event the Respondents do not pay some or all of the amounts awarded within 30 days, the Complainants may be paid from the Recovery Fund. Since the total amount the Complainants were awarded exceeds the amount of Recovery Fund liability pursuant to Arkansas Code Annotated § 17-42-406(c), which is $75,000 times two (2) licensees, or $150,000, each Complainant may be paid a pro rata share of the $150,000 available.
06/20/2011

Nelson, Daniel Scott | Principal Broker | Tulsa, OK

06/20/2011 | Hearing No. 3152
In Formal Hearing # 3152, the Commission voted that Respondent Daniel Scott Nelson be levied a $500 fine to be payable to the Arkansas Real Estate Commission.
 
Respondent Nelson is ordered to take an additional six classroom hours in the Arkansas licensure law. Those hours are to be in addition to the regular continuing education credit requirement.
 
  • The Commission found Respondent Nelson in violation of Arkansas Code Annotated § 17-42-311(a)(12) and Arkansas Code Annotated § 17-42-311(a)(13).
  • On or about November 4, 2010, Respondent’s firm, Williams and Williams Marketing Services, Inc. of Tulsa, OK, held an auction in Rogers, AR for real estate parcels located in Arkansas. Respondent scheduled an auctioneer to participate in the auction who did not hold an active Arkansas real estate license at the time he called the auction.
  • Further, on or about February 17, 2011, Respondent allowed the same unlicensed auctioneer to participate as a ring man in real estate auctions held in Hot Springs, AR and Little Rock, AR.
05/17/2011

Duggins, Shaun R | Principal Broker | West Plains, MO

05/17/2011 | Hearing No. 3142

By Consent Order, the Commission voted that Respondent Principal Broker Duggins shall receive a Letter of Reprimand to be placed in his license file for one year and pay a fine of $250 to the Arkansas Real Estate Commission.

  • The Commission found Respondent Principal Broker Duggins in violations of ACA § 17-42-501(a)(2)(A)(i) and 17-42-311(a)(1) and Commission Regulation 7.6.
  • Respondent Duggins did not complete the continuing education requirements for his broker license prior to January 1, 2011. His license was renewed January 17 after completion of the required continuing education. Respondent Principal Broker failed to notify the Commission that his firm’s name had changed from Westgate Realty, Inc - GMAC - West Plains Missouri to Westgate Carol Jones Realtors.
05/16/2011

Ruddle, Vannie Wayne | Principal Broker | Fort Smith, AR

05/16/2011 | Hearing No. 3147
In Formal Hearing # 3147, the Commission voted that Respondent Ruddle be fined $1,000.00 per violation for four violations, for a total fine of $4,000, payable to the Commission within 30 days. The Commission also voted that Respondent Ruddle’s license be revoked. Based upon the proven violations, Respondent Ruddle was ordered to pay Complainant Sohan Thind $25,000 within 30 days of the issuance of the Order.
 
  • The Commission found Respondent Ruddle in violation of ACA § 17-42-301(a) and § 17-42-311(a)(12) and Commission Regulations 8.5(a) and 10.9(a).
  • On March 13, 2007, Complainant executed a real estate contract signed by Complainant Sohan Thind as Buyer and accepted by Tim Whitten as Seller relevant to the construction of a new Holiday Inn Express in Clarksville, AR.  Respondent Ruddle signed the contract as Listing and Selling Broker of Ten Diamond Real Estate.  Jerel Driscoll signed the real estate contract as Listing and/or Selling Agent; however, Jerel Driscoll does not hold an active Arkansas real estate salesperson license.
    The real estate contract stated “Buyer to tender $375,000 US dollars to be deposited upon acceptance as earnest money, which shall apply towards purchase price or closing costs.” Additionally, the Complainant and the Respondent signed a General Addendum dated March 13, 2007, that stated, in part, “Earnest money becomes non-refundable if the buyer fails to complete the transaction.  Earnest money becomes refundable if the seller fails to complete the transaction.”
  • On March 22, 2007, Complainant Thind wired $385,000 into the Ten Diamond Real Estate Escrow Account.  On March 23, 2007, Respondent Ruddle paid Seller Tim Whitten $375,000 from the Ten Diamond Real Estate Escrow Account.
  • Respondent Ruddle and Seller Whitten believed the $375,000 to be a non-refundable deposit.
    When it became obvious the hotel was not being built, Complainant demanded refund of the $375,000.
  • Respondent refused to make a refund. Respondent Ruddle stated that he received $100,000 of the money as real estate commission from the Seller and paid $65,000 of the $100,000 to Jerel Driscoll as a referral fee.
  • Jerel Driscoll is not an Arkansas real estate licensee.
04/11/2011

Danehower, Jerry | Principal Broker | Rogers, AR

04/11/2011 | Hearing No. 3135
By Consent Order, the Commission voted that Respondent Danehower shall receive a Letter of Reprimand to be placed in his license file and pay a fine of $250 to the Arkansas Real Estate Commission.
 
  • The Commission found Respondent Principal Broker Danehower in violation of Arkansas Real Estate Commission Regulation 10.16(b).
  • Respondent Danehower entered into a Consent Agreement with the Arkansas Appraiser Licensing and Certification Board on April 21, 2010, and was sanctioned as stated in the Consent Agreement by the Arkansas Appraiser Licensing and Certification Board.
  • Respondent Danehower failed to report the Consent Agreement to the Arkansas Real Estate Commission within 30 days.
  • The Commission found Respondent Principal Broker Duggins in violations of ACA § 17-42-501(a)(2)(A)(i) and 17-42-311(a)(1) and Commission Regulation 7.6.
    Respondent Duggins did not complete the continuing education requirements for his broker license prior to January1, 2011. His license was renewed January 17 after completion of the required continuing education.
  • Respondent Principal Broker failed to notify the Commission that his firm’s name had changed from Westgate Realty, Inc - GMAC - West Plains Missouri to Westgate Carol Jones Realtors.

McCully, Gloria Joann | Principal Broker | Sherwood, AR

04/11/2011 | Hearing No. 3144

In Formal Hearing # 3144, the Commission voted that Respondent McCully’s license be revoked and a monetary fine of $500 be paidwithin 90 days; however, the fine will not be levied provided Ms. McCully notifies the Commission of the physical address of all of her real estate records for the last three years.

  • The Commission found Respondent McCulley in violation of Commission Regulations 10.7(a)(2), 10.10(a) and 10.7(b)(3), and ACA § 17-42-311(a)(13).
  • In July 2010, the Respondent, acting through a sales agent, listed a property in Hot Springs Village, AR, for a flat fee of $495. The Seller was not provided a copy of the listing agreement. The Respondent’s company did not put a sign on the property as promised. The fee was refunded to seller after seller brought the matter to the attention of the Commission.
  • The $495 listing fee was not deposited to Respondent’s designated trust account.
  • The Respondent has failed to provide Commission investigators with a copy of the listing agreement.
11/29/2010

Beck, Earl | Principal Broker | Siloam Springs, AR

11/29/2010 | Hearing No. 3070
By Consent Order in Formal Hearing # 3070 Respondent Beck surrendered his broker license.
 
  • The Commission found Respondent Beck guilty of violating Arkansas Code Annotated § 17-42-311(a)(13) and Commission Regulations 10.10(a) and 10.9(d).
  • Respondent Beck did not provide signed copies of Addendums A and B to Complainant.
  • Respondent did not obtain the Seller’s signature to the change made by Complainant on the Closing Date Extension Agreement. Addendums A & B were not attached to the Contract for Deed as required by the September 22, 2007 Contract of Sale of Real Estate Land.
  • Respondent did not notify Complainant in writing of the disbursement of the $2,000 deposit tendered by Complainant, knowing that Complainant had not expressly agreed to the disbursement in writing.
  • The Commission voted unanimously that Complainant Krystal Delima be paid $2,500, to be drawn from the Recovery Fund.
10/11/2010

Stall, Kenneth | Associate Broker | Clarksville, AR

10/11/2010 | Hearing No. 3109

In Formal Hearing # 3109, the Commission voted that Respondent Kenneth Stall be fined $300.00 to be paid to the Arkansas Real Estate Commission within thirty (30) days of the final Order, and he be required to take six (6) hours of continuing education to be approved in advance by the Executive Director. These hours shall be in addition to the annual continuing education hours required to renew a license. The time for completing the hours shall be determined by the Executive Director. 

  • The Commission found Respondent Stall guilty of violating Commission Regulation 10.7(a)(1) and Arkansas Code Annotated §17-42-311(a)(6). 
  • On or about July 31, 2009, Respondent sold property at 1003 Armstrong in Coal Hill, AR to Lea Martin.  The contract stated a check for earnest money in the amount of $300.00 would be delivered to the listing firm Coldwell Banker Premier Realty. 
  • Respondent failed to deliver these funds to the listing firm’s Principal Broker, Complainant Stanley.
09/27/2010

Splichal, Donald | Principal Broker | Eureka Springs, AR

09/27/2010 | Hearing No. 3106
In Formal Hearing # 3106 the Commission voted unanimously that Respondent Donald Splichal be fined $1,000 to be paid to the Commission within thirty (30) days of the date of the Order. Respondent Splichal is required to attend a minimum of two (2) hours continuing education course on Agency, approved in advance by the Executive Director, and that shall not be included as the regular continuing education requirement, and that this particular course be completed in calendar year 2011.

 
  • The Commission found Respondent guilty of violating Commission Regulation 8.5(a).
  • On August 28, 2009 Complainants submitted a Real Estate Contract through Respondent on the property located at 701Dogwood Street, Huntsville, AR. Line 27 of said contract stated “Seller to pay for and install new carpet and pad in the living room, hallway, and bonus room. Carpet style, color and pad must be acceptable to buyer.”
  • Respondent represented both buyer and seller in the purchase and sale of the above referenced property.
  • On September 9, 2009 Complainants signed an Addendum to Purchase Agreement initiated by the seller, Littleton Loan Servicing, LP, which states on line 20, Additional Conditions: “Seller to pay for new carpet + pad install up to $1,300.00.”  The addendum stating the $1,300 limit was agreed to by the buyers.  Without first seeking the advice and consent of the buyers, on or about October 2, 2009. Respondent instructed the installers to install “something middle of the road, not real expensive, and not real cheap. Something in a brown tone,  more dark than light.” Broker also stated: “I had the job bid and completed per the lender required repairs and per the approval of the seller.” At Respondent’s instruction carpeting was installed in one additional room not mentioned in the contract. 
  • On or about October 22, 2009 Complainants were informed by Respondent they could look at the Carpet. The carpet had been installed without Buyers’ approval of the carpet and pad, and had been installed in four rooms as opposed to the three rooms identified on the Real Estate Contract.  On October 23, 2009 Complainants closed on the property located at 701 Dogwood Street, Huntsville, AR, so as not to lose the house.
  • The Commission found that as a result of the proven violation, that Respondent Splichal was ordered to pay $1,300 to Complainants Tarvin within a period not to exceed thirty (30) days. 
07/26/2010

Turner, Keitha | Salesperson | Hot Springs Village, AR

07/26/2010 | Hearing No. 3104

In Formal Hearing # 3154, the Commission voted that
Respondent Dwight Turner’s license be revoked indefinitely. He was fined $1,000 for each of the eight violations proven, for
a total of $8,000, to be paid to the Arkansas Real Estate Commission.

  • The Commission found Respondent Dwight Turner in violation of Arkansas Code Annotated § 17-42-311(a)(7), §
    17-42-311(a)(11) and § 17-42-311(a)(13), and Commission Regulations 8.5(a), 10.8(b), 7.5(c) and 10.7(c).
  • By Consent Order, in Formal Hearing # 3104, Respondent Keitha Turner voluntarily agreed to surrender her broker
    license.
  • The Commission found Respondent Keitha Turner in violation of Arkansas Code Annotated § 17.42.311(a)(6) and Commission Regulations 8.5(a) and 10.8(b).
  • Keitha and Dwight Turner, as owners, officers and real estate licensees and brokers of Village Pro Realty, Inc., engaged in a pattern and practice of conduct in violation of the Real Estate License Law or Commission Regulations. Respondents managed or leased properties for 93 complainants. Some properties were rented on a long-term lease while other properties were placed in a nightly rental program. During Respondents’ tenures with Village Pro Realty, Inc., each participated in the collection of rental monies, security deposits and monies designated for repairs for properties managed by the firm. Respondents did not account for or remit funds collected and failed to disburse those funds appropriately. Respondents commingled clients’ and customers’ monies with personal monies and disbursed client and customer monies without authorization. Prior to January 1, 2011, Respondent Dwight Turner closed Village Pro Realty, Inc., without returning all licenses and pocket cards issued to persons associated with Village Pro to the Real Estate Commission, and without notifying the Real Estate Commission of the address and phone number of the place where the records are to be maintained.
  • As a direct result of the proven violations by Respondent Lemuel Dwight Turner, in Formal Hearing # 3154, and
    by Respondent Keitha Turner by Consent Order, Formal Hearing # 3104, and the Recovery Fund Hearing held on July 12, 2011, the Commission found Respondents jointly and severally liable and ordered them to pay the Complainants within 30 days of the date of the Order. In the event the Respondents do not pay some or all of the amounts awarded within 30 days, the Complainants may be paid from the Recovery Fund. Since the total amount the Complainants were awarded exceeds the amount of Recovery Fund liability pursuant to Arkansas Code Annotated § 17-42-406(c), which is $75,000 times two (2) licensees, or $150,000, each Complainant may be paid a pro rata share of the $150,000 available.

Ward, Cheryl D | Principal Broker | Hardy, AR

07/26/2010 | Hearing No. 3101
In Formal Hearing # 3101 the Commission voted unanimously that Respondent Ward’s real estate license be revoked. Respondent Ward must receive permission from the Arkansas Real Estate Commission to obtain any type of real estate license from the Commission at any subsequent point and time. Respondent Ward was fined $500 per charge, for a total of $2,000, payable to the Arkansas Real Estate Commission within thirty (30) days of the date of the Order.
 
  • The Commission found Respondent Ward guilty of violating Arkansas Code Annotated § 17-42-311(a) (6) and § 17-42-311(a) (13), and Commission Regulations 8.5(a) and 10.8(g)(1).
  • Respondent delegated property management duties to an employee who did not hold a real estate license. Respondent authorized the employee to deposit and disburse rent proceeds to property management clients from Rapid Real Estate’s escrow account. Sometime in November 2008, the unlicensed employee notified Respondent Ward that she was terminating her employment.
  • Respondent subsequently found that rental records were missing and that certain cash deposits received for rent and security deposits had not been deposited into the trust account. On December 01, 2008, Respondent reported the shortage to the Sharp County Sheriff’s Office. The unlicensed employee later died.
  • Complainants Pruitt: Respondent managed two properties for Complainants Pruitt. The property located at 183 Hiawatha was leased to Terry Myers on November 14, 2008. Respondent Ward signed the Residential Lease/Rental Agreement. Paragraph 25, Special Conditions of the Agreement stated; “tenant is steam cleaning carpets & painting interior in lieu of $100.00 of the (security) deposit bringing the (security) deposit down to being $250.00, which will be paid on December 3, 2008.” The monthly rent was $425.00. Tenant Myers paid $240.00 cash to the unlicensed employee as “Rental Manager” as prorated rent for November 2008. The November 2008 rent of $240.00 was not deposited into the Respondent’s trust account and was not paid to Complainants Pruitt.  On December 4, 2008, a General Addendum was prepared by Respondent and signed by tenant Terry Myers.  The General Addendum changed the security deposit amount to $0. Complainants Pruitt did not authorize Respondent to reduce the security deposit to zero. On January 9, 2009 Respondent Ward transferred the management of the two properties to Ozark Gateway Realty, Cherokee Village, AR., without the consent of the Complainants.
  • Complainant Rude: Respondent managed 17 properties for Complainant Rude from 2005 through January 07, 2009.  During November 2008 Complainant Rude contacted a representative of Rapid Real Estate to report that his October 2008 rental proceeds were short.  Complainant Rude requested that Respondent Ward provide books and records for his properties and an explanation regarding the October 2008 rent proceeds. Respondent Ward contacted Complainant Rude and stated that the unlicensed employee had stolen his rent proceeds, but she will get him paid back.  On January 07, 2009, Respondent Ward transferred the management of Complainant Rude’s properties to Ozark Gateway Realty, Cherokee Village, AR., without owner consent.  In the accounting document dated December 1, 2008 provided to the Sharp County Sherriff’s office, Respondent Ward indicated $9,565 was owed by Respondent Ward to individuals for whom her firm managed properties, including Complainants Pruitt and Rude. Respondent Ward stated in that document, “I still have more files to go through and several checks have not cleared the bank yet and (unlicensed employee) left me no journal of them.” Respondent Ward has not reimbursed any funds to Complainants Pruitt or Rude. Respondent Ward’s records did not reflect whether or not rents had been collected for December 2008 and January 2009 from Tenants of Complainants Pruitt’s and Complainant Rude’s Properties.
  • An AREC Investigator located fifteen (15) checks totaling $5,382.27, payable to Complainant Rude written from Respondent’s escrow account. The checks signed by the unlicensed employee had not been sent to Complainant Rude.  The investigator found three checks payable to the unlicensed employee, signed by the unlicensed employee, that had the three checks were written as follows: # 2840, in the amount of $500.00, dated September 09, 2008; check # 2859, in the amount of $500.00, dated September 22, 2008; and check # 2862, in the amount of $600.00, dated 9/28/2008.
  • A Recovery Fund Hearing was held. “The Commission voted unanimously that Respondent Cheryl D. Ward pay the bankruptcy trustee, John C. Pringle $17,745.41, broken down as follows: $525.21 as part of the preparation, $670.89 in travel, $7,964.31 that accounts for rents received, but not paid over to the Complainant, and $8,585 of missing rents, for a total of $17,745.41.”
06/08/2010

Bohannan, Brenda | Salesperson | Springdale, AR

06/08/2010 | Hearing No. 3102

In Formal Hearing # 3102 the Commission voted that Respondent Bohannan’s real estate license be revoked.

  • The Commission found Respondent Bohannan guilty of violating Arkansas Code Annotated § 17-42-311(a)(3) and Arkansas Code Annotated § 17-42-312(a)(4).
  • On March 22, 2010 Respondent Bohannan entered a negotiated plea of guilty to violation of Arkansas Code Annotated 5-36-103 (Theft of Property) in the Circuit Court of Washington County, a felony.
  • Respondent was sentenced to the Department of Community Correction and/or probation for 180 months, Court Costs of $150, Victim Restitution of $148,122.00, $20 booking fee, $1,000 County Restitution, submit a DNA sample and pay $250 DNA fee, $25 per month probation fee and $5 per month collection fee.
  • Respondent was indicted on and negotiated a guilty plea to the charge that on or about 2002 through May 5, 2008, she did commit theft of property. Over a period of eight years she stole more than $100,000 from her employer, Springdale Country Club, Springdale, AR.
  • On April 19, 2010, the Arkansas Real Estate Commission received a letter from Respondent Bohannan along with a written explanation and a copy of the Judgment and Disposition Order of this matter.

Burns, Treva Quantay | Salesperson | North Little Rock, AR

06/08/2010 | Hearing No. 3100
By Consent Order, In Formal Hearing # 3100 the Commission ordered that “ ...Respondent Principal Broker Jordan and Salesperson Burns each shall receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.”
 
     o     The Commission found Respondent Principal Broker Jordan guilty of Arkansas Annotated § 17-42-311(a)(13).
 
     o     The Commission found Respondent Burns guilty of violating Arkansas Code Annotated §17-42-301(a), Arkansas Code
            Annotated § 17-42-311(a)(9), and Commission Regulation 6.3(b).

Jordan, Joseph Christopher | Principal Broker | North Little Rock, AR

06/08/2010 | Hearing No. 3100
By Consent Order, In Formal Hearing # 3100 the Commission ordered that “ ...Respondent Principal Broker Jordan and Salesperson Burns each shall receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.”
 
     o     The Commission found Respondent Principal Broker Jordan guilty of Arkansas Annotated § 17-42-311(a)(13).
 
     o     The Commission found Respondent Burns guilty of violating Arkansas Code Annotated §17-42-301(a), Arkansas Code
            Annotated § 17-42-311(a)(9), and Commission Regulation 6.3(b).
05/19/2010

Graham, Timothy | Principal Broker | Rogers, AR

05/19/2010 | Hearing No. 3097
By Consent Order, in Formal Hearing # 3097 the Commission ordered that “…Respondent Principal Broker Graham shall receive a Letter of Reprimand to be placed in his license file and pay a $500 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.”
 
     o     Respondent Graham, as Principal Broker allowed Thomas Allen and Meghan Eaton to practice and represent themselves as
            real estate salespersons without holding active salespersons licenses. The Commission found Respondent Graham guilty of
            violating Arkansas Code Annotated § 17-42-311(a)(13).
02/08/2010

Bohannan, Brenda Marie | Salesperson | Fayetteville, AR

02/08/2010 | Hearing No. 3095
By Consent Order, in Formal Hearing # 3095 the Commission ordered that “…Respondent Principal Broker Vickers and Salesperson Bohannan shall each receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order. Principal Broker Respondent Vickers, as supervising broker, authorized a commission payment to Respondent Bohannan for real estate acts and services while Respondent Bohannan was not licensed.
 
     o     The Commission found Respondent Principal Broker Vickers guilty of Arkansas Code Annotated § 17-42- 311 (a)(12).
 
     o     The Commission found Respondent Bohannan guilty of Arkansas Code Annotated § 17-42-301(a).
 

Vickers, Tereasa | Principal Broker | Fayetteville, AR

02/08/2010 | Hearing No. 3095
By Consent Order, in Formal Hearing # 3095 the Commission ordered that “…Respondent Principal Broker Vickers and Salesperson Bohannan shall each receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order. Principal Broker Respondent Vickers, as supervising broker, authorized a commission payment to Respondent Bohannan for real estate acts and services while Respondent Bohannan was not licensed.
 
     o     The Commission found Respondent Principal Broker Vickers guilty of Arkansas Code Annotated § 17-42- 311 (a)(12).
 
     o     The Commission found Respondent Bohannan guilty of Arkansas Code Annotated § 17-42-301(a).
 
10/12/2009

Gillespie, Cornise | Salesperson | Jonesboro, AR

10/12/2009 | Hearing No. 3091
In Formal Hearing # 3091 the Commission ordered that “…Respondent Gillespie’s license be revoked and Respondent Gillespie will have to appear before the Arkansas Real Estate Commission before he can reapply for a license.” The Commission ordered that “…a letter of reprimand be placed in Respondent Reid’s license file and she shall obtain six (6) hours of continuing education, with a focus on agency and Commission Regulation 8.5. Those continuing education hours will not count toward the required six (6) hours of continuing education, and must be approved in advance by the Executive Director, and must be completed within one (1) year.”
 
     o      The Commission found Respondents Cornise Gillespie and Jenny Reid guilty of violating Commission Regulation 8.5(a).
 
     o      Respondents Reid and Gillespie did not protect and promote the interest of their clients, Complainants.  
 
     o      Respondents knew or should have known about the Arkansas Highway Department’s planned expansion of Hwy 18 that
             could affect Complainants’ property, but did not disclose that information to Complainants.

Reid, Jenny | Salesperson | Jonesboro, AR

10/12/2009 | Hearing No. 3091
In Formal Hearing # 3091 the Commission ordered that “…Respondent Gillespie’s license be revoked and Respondent Gillespie will have to appear before the Arkansas Real Estate Commission before he can reapply for a license.” The Commission ordered that “…a letter of reprimand be placed in Respondent Reid’s license file and she shall obtain six (6) hours of continuing education, with a focus on agency and Commission Regulation 8.5. Those continuing education hours will not count toward the required six (6) hours of continuing education, and must be approved in advance by the Executive Director, and must be completed within one (1) year.”
 
     o      The Commission found Respondents Cornise Gillespie and Jenny Reid guilty of violating Commission Regulation 8.5(a).
 
     o      Respondents Reid and Gillespie did not protect and promote the interest of their clients, Complainants.
     o      Respondents knew or should have known about the Arkansas Highway Department’s planned expansion of Hwy 18 that
             could affect Complainants’ property, but did not disclose that information to Complainants.
09/14/2009

Kervin, Pamela G | Salesperson | Bryant, AR

09/14/2009 | Hearing No. 3090
By Consent Order, in Formal Hearing # 3090 the Commission ordered that “Respondents Designated Executive Broker James Shelton and Salesperson Pam Kervin shall each receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within ninety (90) days of the date of this Order.”
 
     o     The Commission found Respondent Shelton guilty of violating Arkansas Code Annotated § 17-42-311(a)(12).
 
     o     The Commission found Respondent Kervin guilty of violating Arkansas Code Annotated § 17-42-301(a) and Commission
            Regulation 6.3(b).
 
     o     Respondent Designated Executive Broker Shelton, as supervising broker authorized commission payments to Respondent
            Kervin for real estate acts and services performed in 2009, while Respondent Kervin’s salesperson license was expired.
 
     o     Respondent Kervin practiced as a real estate salesperson in 2009 while her license was expired.

Shelton, James | Designated Executive Broker | Bryant, AR

09/14/2009 | Hearing No. 3090
By Consent Order, in Formal Hearing # 3090 the Commission ordered that “Respondents Designated Executive Broker James Shelton and Salesperson Pam Kervin shall each receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within ninety (90) days of the date of this Order.”
 
     o     The Commission found Respondent Shelton guilty of violating Arkansas Code Annotated § 17-42-311(a)(12).
 
     o     The Commission found Respondent Kervin guilty of violating Arkansas Code Annotated § 17-42-301(a) and Commission
            Regulation 6.3(b).
 
     o     Respondent Designated Executive Broker Shelton, as supervising broker authorized commission payments to Respondent
            Kervin for real estate acts and services performed in 2009, while Respondent Kervin’s salesperson license was expired.
 
     o     Respondent Kervin practiced as a real estate salesperson in 2009 while her license was expired.
07/17/2009

Young, Ronald | Salesperson | Sherwood, AR

07/17/2009 | Hearing No. 3087
By Consent Order, in Formal Hearing # 3087 the Commission ordered that “Respondent Ronald young shall receive a Letter of Reprimand to be placed in his license file, pay a $250 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 90 days of the date of this Order. Said education shall be in addition to the Continuing Education requirement.”
 
     o     The Commission found Respondent Young guilty of violating Arkansas Code Annotated § 17-42-311(a)(13) and
            Regulation 10.1(b).
 
     o     Respondent engaged in real estate activities independent of his Designated Executive Broker.
07/13/2009

Gamez, Lila | Salesperson | Rogers, AR

07/13/2009 | Hearing No. 3088
By Consent Order, in Formal Hearing # 3088 the Commission ordered that “… Respondents Principal Broker Hays and Salesperson Gamez shall each receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.”
 
     o     The Commission found Respondent Hays guilty of violating Arkansas Code Annotated § 17-42-311(a)(12).
 
     o     The Commission found Respondent Gamez guilty of violating Arkansas Code Annotated § 17-42-301(a) and
            Commission Regulation 6.3(b).
 
     o     Principal Broker Respondent Hays as supervising broker authorized commission payments to Respondent Gamez for real estate
            acts and services performed in 2009, while Respondent Gamez was not licensed, in violation of the Arkansas Real Estate
            License Law.
 
    o      Respondent Gamez practiced as a real estate salesperson in 2009 while her license was expired.

Hays, Carrie | Principal Broker | Rogers, AR

07/13/2009 | Hearing No. 3088
By Consent Order, in Formal Hearing # 3088 the Commission ordered that “… Respondents Principal Broker Hays and Salesperson Gamez shall each receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.”
 
     o     The Commission found Respondent Hays guilty of violating Arkansas Code Annotated § 17-42-311(a)(12).
 
     o     The Commission found Respondent Gamez guilty of violating Arkansas Code Annotated § 17-42-301(a) and
            Commission Regulation 6.3(b).
 
     o     Principal Broker Respondent Hays as supervising broker authorized commission payments to Respondent Gamez for real estate
            acts and services performed in 2009, while Respondent Gamez was not licensed, in violation of the Arkansas Real Estate
            License Law.
 
    o      Respondent Gamez practiced as a real estate salesperson in 2009 while her license was expired.
05/04/2009

Trotter, Polly A | Inactive Salesperson | Pea Ridge, AR

05/04/2009 | Hearing No. 3085
In Formal Hearing # 3085 the Commission ordered “… to permit Respondent Trotter to retain her salesperson’s license, and that prior to applying for a broker’s license, she is to be actively licensed for twenty-four (24) consecutive months. Respondent Trotter is to appear before the Commission for approval to sit for the broker’s exam.”
 
     o     The Commission found Respondent Trotter guilty of violating Arkansas Code Annotated § 17-42-311(a)(1), § 17-42-311(a)(3)
            and § 17-42-311(a)(13); and Commission Regulation 10.16(c).

     o     Respondent did not furnish a written report and required documentation concerning her conviction at the time of applying for
            a Salesperson and Broker license.

     o     Respondent obtained a real estate salesperson license by concealing the fact that she had a previous conviction.

     o     Respondent was convicted of a Felony and crime involving moral turpitude, fraud, dishonesty, and untrustworthiness.

     o     Respondent’s negative responses to question number 5 on the Salesperson and Broker applications for real estate licensure
            constitute improper and dishonest conduct.
04/13/2009

Birdsong, Corene Lee | Inactive Salesperson | Benton, AR

04/13/2009 | Hearing No. 3083

Formal Hearing # 3083 was held in April 2009 but was appealed by the Respondent. The Commission decision was recently upheld.  In Formal Hearing # 3083 the Commission voted unanimously that Respondent Birdsong’s salesperson’s license be suspended for eighteen (18) months and that she cannot sit for a broker’s examination for five (5) years. Respondent Birdsong was also assessed a penalty of $500 to be paid to the Arkansas Real Estate Commission.

  • The Commission found Ms. Birdsong guilty of violating Arkansas Code Annotated §17-42-311(a)(7), Arkansas Code Annotated § 17-42-311(a)(11), and Arkansas Code Annotated § 17-42-311(a)(13).
  • On December 16, 2008 Respondent notified the Commission “….I entered a plea of guilty to one count of harassment, a misdemeanor, in Saline County on December 11, 2008.”
  • Court records reflect that on December 11, 2008 Respondent pleaded guilty in the District Court of Saline County, AR in Docket No. S2008-4913 of the charge of Harassment, a Class A misdemeanor.
  • Respondent was fined $130, ordered to pay $300 restitution, and placed on 12 months of unsupervised probation.
  • Respondent was further ordered to have no unauthorized contact with Tom Baxley, Mike Duke, Dan Moudy, Edye Crouse or Mark Chilton. These individuals were co-workers at Phillips Moudy Duke Real Estate.
  • On February 2, 2009 Respondent provided an additional written explanation of her conviction as requested by the AREC Investigator. In her written statement she stated that, “The incident was a result of a long, professional and personal dispute between two of my former co-workers and the handling of that dispute by the broker. After my broker chose to terminate me, I overreacted and distributed approximately 15 unflattering flyers about the broker and one of the agents. It is an action I deeply regret.”
  • Respondent provided a written statement to police admitting that she fabricated e-mails and engaged in other correspondence and acts that were harassing, obscene, false, and personally damaging to Tom Baxley, Mike Duke, Edye Crouse and other persons at PMD. “Specifically I placed false and damaging e-mails, that I had created and e-mailed, on windshields at a recent football game.”
03/10/2009

Camacho, Antonio | Salesperson | Bentonville, AR

03/10/2009 | Hearing No. 3082
In Formal Hearing # 3082 the Commission ordered that “…Respondent Camacho be required to appear before the Arkansas Real Estate Commission before reactivating his license, and the Respondent shall pay a fine of $500.00 to be paid within thirty (30) days of the issuance of this Order.”
 
     o     The Commission found Respondent Antonio Camacho guilty of violating Arkansas Code Annotated §17-42-311 (a)(6) and
            §17-42-311(a)(13), and Commission Regulations 10.1(b), 10.7 (a)(1), 10.10(a).
 
     o     Respondent Camacho engaged in real estate activities independent of Complainant Robinson his principal Broker.
 
     o     Respondent did not immediately deliver to his principal broker Complainant Robinson, the prorated rent and deposit collected
            July 2008 from the tenant of Pea Ridge property.
 
     o     Respondent did not see that the exact agreement regarding the fee charged Complainant for finding a 2nd tenant for
            Complainant’s Pea Ridge property was reduced to writing.
 
     o     Respondent failed to account for or remit the rent and deposit collected on behalf of Complainant in the amount of $850.00.
 
     o     Respondent’s conduct constitutes improper dealing.
 
     o     A Recovery Fund Hearing was held. Respondent Camacho is ordered to pay $1,000.00 to Complainant in a period not
            exceed thirty (30) days.
12/01/2008

Burks, Kimberly | Designated Executive Broker | Maumelle, AR

12/01/2008 | Hearing No. 3079

By Consent Order, in Formal Hearing # 3079 the Commission ordered that:

  • Respondents Designated Executive Broker’s Coney and Burks and Salesperson Carter shall each receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.
    The Commission found Respondents Coney and Burks guilty of violating Arkansas Code Annotated §17-42-311(a)(12).
  • The Commission found Respondent Carter guilty of violating Commission Regulation 6.3(b).
    Respondents Designated Executive Broker’s Coney and Burks as supervising brokers authorized commission payments to Respondent Carter for real estate acts and services performed in 2008, while Respondent Carter was not licensed.
  • Respondent Carter practiced as a real estate salesperson in 2008 while her license was expired.

Carter, Mebylene | Inactive Salesperson | Maumelle, AR

12/01/2008 | Hearing No. 3079
By Consent Order, in Formal Hearing # 3079 the Commission ordered that:
  • Respondents Designated Executive Broker’s Coney and Burks and Salesperson Carter shall each receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.
  • The Commission found Respondents Coney and Burks guilty of violating Arkansas Code Annotated §17-42-311(a)(12).
  • The Commission found Respondent Carter guilty of violating Commission Regulation 6.3(b).
  • Respondents Designated Executive Broker’s Coney and Burks as supervising brokers authorized commission payments to Respondent Carter for real estate acts and services performed in 2008, while Respondent Carter was not licensed.
  • Respondent Carter practiced as a real estate salesperson in 2008 while her license was expired.

Chambers, Lisa Nicole | Inactive Salesperson | Fayetteville, AR

12/01/2008 | Hearing No. 3076
In Formal Hearing #3076 the Commission ordered to “…revoke Respondent Chambers’ license.”

The Commission found Respondent Chambers guilty of violating Arkansas Code Annotated §17-42-311(a)(13), and Commission Regulation 10.16(a).
  • Respondent Chambers’ negotiated plea of guilty to a felony prohibits Respondent from holding a salesperson license.
  • Respondent’s conduct constitutes improper, fraudulent and dishonest dealing.
  • Respondent did not notify the Commission in writing within 30 days after her negotiated plea of guilty to a felony.

Chapman, Van H. | Principal Broker | Searcy, AR

12/01/2008 | Hearing No. 3059
By Consent Order, in Formal Hearing # 3059 the Commission ordered that “… the voluntary surrender of Respondent’s Broker license will be accepted by the Commission.”   “... Respondent will not be permitted to reinstate or renew his license in the future without a formal administrative hearing on the complaint and investigation.”

Coney, Betty J. | Designated Executive Broker | Maumelle, AR

12/01/2008 | Hearing No. 3079

By Consent Order, in Formal Hearing # 3079 the Commission ordered that:

  • Respondents Designated Executive Broker’s Coney and Burks and Salesperson Carter shall each receive a Letter of Reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.
    The Commission found Respondents Coney and Burks guilty of violating Arkansas Code Annotated §17-42-311(a)(12).
  • The Commission found Respondent Carter guilty of violating Commission Regulation 6.3(b).
    Respondents Designated Executive Broker’s Coney and Burks as supervising brokers authorized commission payments to Respondent Carter for real estate acts and services performed in 2008, while Respondent Carter was not licensed.
  • Respondent Carter practiced as a real estate salesperson in 2008 while her license was expired.

Ervin, David | Associated Broker | Fayetteville, AR

12/01/2008 | Hearing No. 3078

In Formal Hearing # 3078 the Commission ordered that “…Respondent Ervin’s broker license be revoked and he be allowed to keep his salesperson license.  Respondent Ervin is placed on probation for a time period of twelve (12) months.  Respondent Ervin must successfully complete a minimum of six (6) hours of licensure law and ethics continuing education, to be approved in advance by the executive director.  The hours and courses are to be in addition to the annual continuing education hour’s credit to renew a license.    Respondent Ervin cannot sit for a broker license for a period of five (5) years, after which he must appear, before the Arkansas Real Estate Commission for permission to sit for that broker license.”

  • The Commission found Respondent Ervin guilty of violating Arkansas Code Annotated §17-42-311(a)(13), and Commission Regulation 10.16(b).
  • Respondent Ervin did not make written reports to the Arkansas Real Estate Commission within 30 days regarding the sanctions ordered by the Arkansas Appraiser Licensing and Certification Board.
  • Respondent’s conduct as described in the May 9, 2007 Consent Order and the July 16, 2008 Findings of Fact, Conclusions of Law and Order entered by the Arkansas Appraiser Licensing Board, constitutes improper, fraudulent, or dishonest dealings.

Titsworth, Darrell L. | Principal Broker | Mena, AR

12/01/2008 | Hearing No. 3077

By Consent Order, in Formal Hearing #3077 the Commission ordered that “…Respondent shall receive a Letter of Reprimand to be placed in his license file and pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.”

The Commission found Respondent Titsworth guilty of violating Commission Regulation 10.16(b).

  • Respondent Titsworth did not make a written report to the Arkansas Real Estate Commission within 30 days regarding the sanctions ordered by the Arkansas Appraiser Licensing and Certification Board against his Arkansas Appraiser license.

Vargas, Luis | Salesperson | Rogers, AR

12/01/2008 | Hearing No. 3074
In Formal Hearing #3074 the Commission ordered that "...Respondent Vargas be fined $500.00, to be paid within thirty (30) days from the date of this Order.  Respondent Vargas is to be placed on probation for a time period of twelve (12) months.  Respondent Vargas must complete a minimum of six (6) hours of continuing education with the focus on ethics, to be approved in advance by the Executive Director, and those six (6) hours will not count toward the general education credit to continue the license.  Before Respondent Vargas can sit for the broker’s license, he must come back before the Arkansas Real Estate Commission for permission."
  • The Commission found Respondent Vargas guilty of violating Arkansas Code Annotated §17-42-311(a)(7) and §17-42-311(a)(13); and, Commission Regulations 10.1(b) and 10.13(a).
  • Respondent Vargas committed acts involving dishonesty, untruthfulness and untrustworthiness.  Respondent prepared a new contract changed the term, used the signature page from the original Real Estate Contract which had been accepted by the Complainant, and submitted the new contract to the lender, without the listing agent or Complainant’s knowledge or approval.
  • Respondent’s conduct constitutes improper and dishonest dealings.
  • Respondent did not present the new $178,000 Real Estate Contract to the listing agent.
  • Respondent acted independently of his Principal Broker by preparing the new contract without his Principal Broker’s knowledge.
  • A Recovery Fund Hearing was held. The Commission denied the recovery fund request.

Watts, Richard A | Salesperson | Wynne, AR

12/01/2008 | Hearing No. 3076

By Consent Order, in Formal Hearing # 3076 the Commission ordered that: "Respondent Watts shall receive a Letter of Reprimand to be placed in his license file and pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order".

  • Respondent Watts entered into Consent Agreements with the Arkansas Appraiser Licensing and Certification Board.  Respondent did not make a written report to the Arkansas Real Estate Commission within 30 days of the sanctions as required by Commission Regulation 10.16(b).
  • The Commission found Respondent Watts guilty of violating Commission Regulation 10.16(b).
06/01/2008

Carter, Dan S. | Salesperson | Little Rock, AR

06/01/2008 | Hearing No. 3053

In Formal Hearing # 3053 the Commission ordered to “…revoke Respondent Carter’s license and in the event that the Respondent makes application for licensure again, that application must be approved by the Commission.”

  • The Commission found Respondent Dan Carter guilty of violating Commission Regulations 8.5(a), 10.7(a)(1), 10.10(a), 10.10(c), Arkansas Code Annotated § 17-42-311(a)(11), and § 17-42-311(a)(13).
  • Respondent Carter did not reduce to writing the exact agreements of the parties.  The Real Estate Contract did not include a closing date, or any requirement that the buyer would obtain third party financing.  The Respondent did not reduce to writing the agreement of the Complainant and Buyer regarding the Buyer occupying Complainants’ property prior to closing.
  • Respondent Carter did not immediately deliver to his Principal Broker the $600 rent payments collected.
  • Respondent Carter did not protect and promote the interest of the Complainants as described above.
  • Respondent Carter’s conduct constitutes improper dealing.
  • Because of Respondent Carter’s conduct, he is unworthy or incompetent to act as a real estate salesperson in such a manner as to safeguard the interests of the public.
  • A Recovery Fund Hearing was held.  Respondent Carter was ordered to pay Complainants $4,150.00 within thirty (30) days.

Etherton, Kendra | Salesperson | Siloam Springs, AR

06/01/2008 | Hearing No. 3065

By Consent Order, in Formal Hearing # 3065 the Commission ordered that “…Respondents Principal Broker Jones and Salesperson Etherton shall each receive a letter of reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.”

  • The Commission found Respondent Principal Broker Jones guilty of violating Arkansas Code Annotated § 17-42-311(a)(12) and § 17-42-310(c).
  • The Commission found Respondent Etherton guilty of violating Commission Regulation 6.3(b).
  • Respondent Principal Broker Jones paid commissions to Respondent Etherton for real estate activities performed while her salesperson license was expired.
  • Respondent Principal Broker Jones did not insure that Respondent Etherton’s 2008 salesperson license was received and conspicuously displayed in his place of business.
  • Respondent Etherton practiced as a real estate salesperson from January to June 6, 2008 while her license was expired.

Fraine, Stephen | Salesperson | Paragould, AR

06/01/2008 | Hearing No. 3060
In Formal Hearing # 3060 the Commission ordered that “…Respondent Fraine will have a letter of reprimand placed in his license file, and he is hereby placed on probation for a period concurrent with the remaining balance of his court probation.  If there is a non-technical violation of his probation, a hearing will be held before this Commission to consider revocation and/or additional penalties.”

The Commission found Respondent Stephen Fraine guilty of violating Arkansas Code Annotated §17-42-311(a)(3).

Henrard, Alain | Salesperson | Rogers, AR

06/01/2008 | Hearing No. 3066

In Formal Hearing # 3066 the Commission ordered that “…Alain Henrard be placed on probation for a period of twelve (12) months and a Letter of Reprimand be placed in his license file, and that his request to apply for broker’s license is denied.”

  • The Commission found Respondent Henrard guilty of violating Commission Regulation 10.16(C), and, Arkansas Code Annotated § 17-42-311(a)(1), § 17-42-311(a)(3), and § 17-42-311(a)(13).
  • Respondent did not furnish a written report and required documentation concerning his conviction at that time of applying for a Salesperson and Broker license.
  • Respondent obtained a real estate salesperson license by concealing the fact that he had a previous conviction.
  • Respondent was convicted of a crime involving moral turpitude, fraud, dishonesty, and untrustworthiness.
  • Respondent’s negative responses to question number 5 on the Salesperson and Broker applications for real estate licensure constitute improper and dishonest conduct.

Jones, Ward | Principal Broker | Siloam Springs, AR

06/01/2008 | Hearing No. 3065
By Consent Order, in Formal Hearing # 3065 the Commission ordered that “…Respondents Principal Broker Jones and Salesperson Etherton shall each receive a letter of reprimand to be placed in their license files and each pay a $250 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.”
  • The Commission found Respondent Principal Broker Jones guilty of violating Arkansas Code Annotated § 17-42-311(a)(12) and § 17-42-310(c).
  • The Commission found Respondent Etherton guilty of violating Commission Regulation 6.3(b).
  • Respondent Principal Broker Jones paid commissions to Respondent Etherton for real estate activities performed while her salesperson license was expired.
  • Respondent Principal Broker Jones did not insure that Respondent Etherton’s 2008 salesperson license was received and conspicuously displayed in his place of business.
  • Respondent Etherton practiced as a real estate salesperson from January to June 6, 2008 while her license was expired.

Leuck, Brandon C. | Associate Broker | El Dorado, AR

06/01/2008 | Hearing No. 3061
In Formal Hearing # 3061 the Commission ordered that “…Respondent Brandon C. Leuck’s license be revoked, and if he should ever apply for another license, he must receive the approval of the Arkansas Real Estate Commission.  Respondent Leuck is also fined $1,000.00 per violation, for a total of $6,000.00 to be paid within thirty (30) days.” 
 
The Commission found Respondent Brandon C. Leuck guilty of violating Commission Regulations 8.5(a), 10.7(a)(7) and Arkansas Code Annotated § 17-42-311(a)(4), § 17-42-311(a)(7), § 17-42-311(a)(11), and § 17-42-311(a)(13).
  • Respondent Leuck did not protect and promote Complainants’ interest.  Respondent Leuck represented to Complainants that the transaction was going to close and received $13,000 cash from Complainants to close the transaction, knowing that the transaction could not be closed without the Seller’s brother’s signature.  Respondent did not disclose the title issue to the Complainants.  Respondent delivered to Complainants a forged Warrant Deed for the property dated September 19, 2007 that appeared to be signed by the Seller  that Complainants relied on to obtain financing to improve the property.
  • Respondent Leuck did not immediately deliver to his Principal Broker the $13,000 cash collected from Complainants.
  • Respondent Leuck made substantial misrepresentations to Complainants.
  • Respondent Leuck committed acts involving fraud, dishonesty, untruthfulness, and untrustworthiness.  Respondent delivered a Warranty Deed to Complainants, knowing that the Seller had not executed the Warranty Deed.  Respondent represented that the Complainants transaction would close and collected $13,000 cash to close, knowing that there was no closing scheduled.
  • Because of Respondent Leuck’s conduct, he is unworthy and incompetent to act as real estate broker in such a manner as to safeguard the interest of the public.
  • Respondent Leuck’s conduct constitutes improper, fraudulent, and dishonest dealings.
  • In Recovery Fund Hearing # 3061 the Commission voted and found as a result of the proven violation (found in Formal Hearing # 3061, on August 11, 2008) ordered that “… Respondent Leuck is ordered to pay $22, 233.00 to Complainants ....” Respondent Leuck is to pay this amount to Complainants, in a period not to exceed thirty (30) days. Moreover, the Arkansas Real Estate Commission will notify the Circuit Court in Respondent Leuck’s criminal case of the Commission’s decision.

Ponzini, James A. | Principal Broker | Little Rock, AR

06/01/2008 | Hearing No. 3058
In Formal Hearing # 3058 the Commission ordered that “…Respondent Ponzini is to pay a penalty of $3,000.00.  The Commission votes to revoke Respondent Ponzini’s license and in the event that the Respondent makes application for licensure again, then that application must be approved by the Commission.”
  • The Commission found Respondent Ponzini guilty of violating Commission Regulations 10.8(g)(1), 10.8(g)(3) and Arkansas Code Annotated § 17-42-311(a)(6), § 17-42-311(a)(11), and § 17-42-311(a)(13).
  • Respondent Ponzini did not remit or account for Sellers’ $3,000 received by Respondent at the April 6, 2004 closing that was to be held in escrow by Respondent and only disbursed to pay the Complainant’s special improvement taxes or reimburse to Seller.
  • Respondent did not deposit or in the alternative did not maintain the $3,000 received by Respondent at the April 6, 2004 closing in his trust account.  Respondent’s October 3, 2006 Stephens & Company Escrow Account had an ending balance of $10.00.     
  • Respondent refused to cooperate and provide trust account and bank statement records as requested by a Commission investigator in a March 11, 2008 letter to Respondent.
  • Because of Respondent’s conduct as described above, he is unworthy and incompetent to act as a real estate broker in such a manner to safeguard the interest of the public.
  • Respondent’s conduct as described above, constitutes improper, fraudulent, and dishonest dealings.
  • A Recovery Fund Hearing was held.  Respondent Ponzini was ordered to pay Complainant $1,478.00 within thirty (30) days.

Satterfield, Clovis Kyle | Salesperson | Little Rock, AR

06/01/2008 | Hearing No. 3067

By Consent Order, in Formal Hearing # 3067 the Commission ordered that “…Respondent Satterfield’s real estate salesperson license is hereby revoked.”

  • The Commission found Respondent Satterfield guilty of violating Arkansas Code Annotated § 17-42-311(a)(3),  § 17-42-311(a)(13) and § 17-42-311(a)(11).
  • Respondent’s plea of guilty to a felony prohibits Respondent from holding a salesperson license.
  • Respondent’s conviction and conduct constitute improper, fraudulent and dishonest dealing.
  • Respondent is unworthy to act a real estate salesperson in such a manner as to safeguard the interest of the public because of his conviction.

Stephens, Patsy | Salesperson | Rogers, AR

06/01/2008 | Hearing No. 3063
In Formal Hearing # 3063 the Commission voted that “…Respondent Patsy Stephens be allowed to keep here license, and that she be on probation for a period of three (3) years.”

Strother, Stacy | Salesperson | Little Rock, AR

06/01/2008 | Hearing No. 3062

In formal Hearing # 3062 the Commission ordered to “...revoke Respondent Strother’s license.” 

  • The Commission found Respondent Strother guilty of violating Arkansas Code Annotated § 17-42-311(a)(3) and § 17-42-311(a)(13).
  • Respondent’s plea of guilty to a felony prohibits Respondent from holding a salesperson license.
  • Respondent’s conduct constitutes improper, fraudulent and dishonest dealing.

Watkins, Wayne | Expired Broker License | Hardy, AR

06/01/2008 | Hearing No. 3071
In Formal Hearing # 3071 the Commission voted to “…revoke Respondent Wayne Watkins’ real estate license and that he is fined $3,000.00 due and payable to the Arkansas Real Estate Commission within thirty (30) days.”
  • The Commission found Respondent Watkins guilty of violating § 17-42-311(a)(4), 17-42-311(a)(7), 17-42-311(a)(11), and 17-42-311(a)(13).
  • Respondent Watkins committed acts involving fraud, dishonesty, untruthfulness, & untrustworthiness.
  • Respondent Watkins made substantial misrepresentations to the Complainants when he told them he would issue a warranty deed at a time when the property had been foreclosed and sold to a third party.
  • Respondent Watkins’ conduct constitutes improper, fraudulent, and dishonest dealing.
  • Because of Respondent Watkins’ conduct Respondent is unworthy and incompetent to act as a real estate broker in such a manner as to safeguard the interest of the public.
  • A Recovery Fund Hearing was held.  Respondent Watkins is ordered to pay $11,495.25 to Complainants in a period not to exceed thirty (30) days.
02/01/2008

Hall, Kaneika S. | Salesperson | Little Rock, AR

02/01/2008 | Hearing No. 3051
In Formal Hearing # 3051 the Commission voted that “…a letter of reprimand be placed in Respondent Hall’s license file and that she be placed on probation, which will run concurrent with Respondent Hall’s probation on the battery charge conviction.  Respondent Hall’s probation with the Arkansas Real Estate Commission will be revoked if Respondent’s probation on the criminal conviction is revoked, even on a technical violation.  Respondent Hall will be under continuing order to keep the Executive Director of the Arkansas Real Estate Commission informed of her probationary status.  And, the condition that Respondent Hall give notice to her current broker and any successor broker of the conditions the Commission has placed upon her.”
  • The Commission found Respondent Hall of violating Arkansas Code Annotated § 17-42-311(a)(3).
  • Respondent Hall’s conviction is a crime involving a felony conviction, which is a ground for disciplinary action.

Martin, Erick | Salesperson | Little Rock, AR

02/01/2008 | Hearing No. 3052
By Consent Order, In Formal Hearing # 3052 the Commission ordered that "…Respondent Erick Martin’s real estate salesperson license is hereby revoked."

"It is further ordered that the Commission shall retain jurisdiction of this matter for purposes of implementing and enforcing this Consent Order, and that Respondent’s failure to comply with any provision herein shall constitute a violation of a Commission order pursuant to A.C.A. § 17-42-311(a)(2) for which the Commission may impose disciplinary action upon that Respondent."
  • The Commission found Respondent guilty of violating Arkansas Code Annotated § 17-42-311(a)(11) & (13).
  • Respondent entered Complainant’s unoccupied home that was listed, and was video taped searching through “private areas” without complainant’s knowledge or authorization.
  • Respondent’s conduct described above constitutes improper conduct.  Because of Respondent’s conduct described above he is unworthy to act as a real estate salesperson in such a manner as to safeguard the interest of the public.

Mays, Danny | Salesperson | Cherokee Village, AR

02/01/2008 | Hearing No. 3057

The Commission voted that “…Respondent Mays’ Arkansas Real Estate Sales License be suspended for a period of two (2) years.  If Respondent Mays desires to reinstate, he must have a management plan that is agreed to by the principal broker and must be approved by the Executive Director.  Respondent Mays is prohibited from having a broker’s license for a period of five (5) years.

  • The Commission found Respondent Murphy guilty of violating Commission Regulations 8.5(a), 10.4(b), 10.8(g)(2) and ACA § 17-42-311(a)(6) and § 17-42-311(a)(13).
  • The Commission found Respondent Mays guilty of violating Commission Regulations 8.5(a), 10.8(g)(2) and 10.8(g)(3) and ACA § 17-42-311(a)(6) and § 17-42-311(a)(13).
    Respondents did not protect & promote the interest of Complainant.  Respondents did not provide Complainant an accounting for security deposits & rents received & expenses paid or any account balance concerning Complainants property.
  • Respondents did not remit or account for $2,500 sent by Complainant to Respondent Mays to cover the cost of the Landscaping job to Complainant’s property.
  • Respondent Murphy did not exercise strict supervision of Respondent Mays property management activities.
  • Respondent Murphy & Respondent Mays did not insure that Hanco & Company Rentals Escrow account bank statements were reconciled in writing monthly & balanced to the total amount of trust funds deposited in the account which had not been disbursed.
  • Respondent Mays refused to cooperate & provide sufficient accounting and bank records to Commission Investigator for the Complainant’s property and to complete an office examination.
  • Respondents conduct as described above constitute improper dealing.
  • A Recovery Fund Hearing was held.  Respondent Murphy was ordered to pay $4,259.70 to Complainant in a period not to exceed thirty (30) days.  Respondent Mays was ordered to pay $1,064.92 to Complainant in a period not to exceed thirty (30) days.

Murphy, Dale | Principal Broker | Cherokee Village, AR

02/01/2008 | Hearing No. 3057
In Formal Hearing # 3057 the Commission voted that “…Respondent Murphy’s Arkansas Real Estate Broker’s License be revoked and a penalty assessed of $1,000, payable within thirty (30) days.” 
 
The Commission voted that “…Respondent Mays’ Arkansas Real Estate Sales License be suspended for a period of two (2) years.  If Respondent Mays desires to reinstate, he must have a management plan that is agreed to by the principal broker and must be approved by the Executive Director.  Respondent Mays is prohibited from having a broker’s license for a period of five (5) years.
  • The Commission found Respondent Murphy guilty of violating Commission Regulations 8.5(a), 10.4(b), 10.8(g)(2) and ACA § 17-42-311(a)(6) and § 17-42-311(a)(13).
  • The Commission found Respondent Mays guilty of violating Commission Regulations 8.5(a), 10.8(g)(2) and 10.8(g)(3) and ACA § 17-42-311(a)(6) and § 17-42-311(a)(13).
  • Respondents did not protect & promote the interest of Complainant.  Respondents did not provide Complainant an accounting for security deposits & rents received & expenses paid or any account balance concerning Complainants property.
  • Respondents did not remit or account for $2,500 sent by Complainant to Respondent Mays to cover the cost of the Landscaping job to Complainant’s property.
  • Respondent Murphy did not exercise strict supervision of Respondent Mays property management activities.
  • Respondent Murphy & Respondent Mays did not insure that Hanco & Company Rentals Escrow account bank statements were reconciled in writing monthly & balanced to the total amount of trust funds deposited in the account which had not been disbursed.
  • Respondent Mays refused to cooperate & provide sufficient accounting and bank records to Commission Investigator for the Complainant’s property and to complete an office examination.
  • Respondents conduct as described above constitute improper dealing.
  • A Recovery Fund Hearing was held.  Respondent Murphy was ordered to pay $4,259.70 to Complainant in a period not to exceed thirty (30) days.  Respondent Mays was ordered to pay $1,064.92 to Complainant in a period not to exceed thirty (30) days.

O'Brien, Francis | Salesperson | Mountain Home, AR

02/01/2008 | Hearing No. 3054

In Formal Hearing # 3054 the Commission voted that “…Respondent O’Brien must complete a minimum of 18 hours of continuing education, to be approved by the Executive Director.  This will not qualify as continuing education.  The time for completing these hours will be determined by the Executive Director.  A letter of reprimand will be placed in Respondent O’Brien’s license file.”

  • The Commission found Respondent O’Brien guilty of violating Commission Regulation 8.5(a).
  • Respondent O’Brien did not protect and promote the interest of his Client Complainants.  He did not determine whether Tract V had been surveyed and that the rear property line marked, as required by the Real Estate Contract.  He did not verify the location of Tract V to ensure that the property Complainant viewed and the property on which the perk test was conducted was Tract V.

Platt, Daniel | Principal Broker | Mountain Home, AR

02/01/2008 | Hearing No. 3054

The Commission voted that “…Respondent Platt pay a fine of $200 to the Arkansas Real Estate Commission.  A letter of reprimand will be placed in Respondent Platt’s license file.  If Respondent Platt returns to Arkansas and reactivates his primary broker’s license, he must complete a minimum of 18 hours of principal broker education, to be approved by the Executive Director.  Those hours cannot count as continuing education.”

  • The Commission found Respondent Platt guilty of violating Commission 10.4(d)(2).
  • Respondent Principal Broker Platt did not ensure that the closing was conducted in accordance with the agreement of the Complainants and Sellers.  The Real Estate Contract required that “A new certified survey, in a form satisfactory to Buyer, certified to Buyer within (30) days prior to closing by a registered land surveyor, will be provided and paid for by the Seller”, and stated “Show Property Line on Rear of Property.”  No new survey was ordered or provided nor was the property line marked.
  • A Recovery Fund Hearing was held.  Respondent O’Brien was order to pay Complainants $1,300 in a period not to exceed thirty (30) days.

Riordan, Matthew J. | Salesperson | Little Rock, AR

02/01/2008 | Hearing No. 3048

 In Formal hearing # 3048 the Commission ordered that “…Respondent Riordan is to pay a fine of $500 per violation, for a total of $3,000, and is to serve two years on probation, during which time he cannot hold a broker’s license.  Respondent Riordan is to be issued a letter of reprimand to be placed in his license file.  If, during his probationary period, Respondent Riordan is found guilty of any violation before the Arkansas Real Estate Commission, then his license will be automatically suspended for a duration to be determined at that time.”

  • The Commission found Respondent Riordan guilty of violating Commission Regulations 8.4, 8.5(a), 10.1(b), 10.11, 10.13(a), and Arkansas Code Annotated § 17-42-311(a)(13).
  • Respondent did not disclose his agency relationship in the “Standard Real Estate Purchase and Sale Agreement.”
  • Respondent did not protect and promote the Complainants interest.  Respondent negotiated a short sale on behalf of Complainant, knowing that Complainant had executed an Exclusive Right to Sell Agreement with McKimmey Associates Realtors without advising Complainant to consult with an Attorney concerning his contractual responsibilities.
  • Respondent prepared the “Standard Real Estate Purchase and Sale Agreement” and attempted to negotiate a short sale with Complainant independent of his Principal Broker.
  • Respondent did not disclose in writing The Real Estate Contract, or any other document, that the buyers, the Respondent and Virgil Brown held real estate licenses.
  • Respondent did not contact Broker Averitt or any one with the listing firm McKimmey Associates Realtors, to obtain prior permission to negotiate a short sale with Complainant.  Respondent did not present the offer signed by Buyer, on the contract “Standard Real Estate Purchase and Sale Agreement” or the offer Respondent prepared as Buyer on the Re/Max Realty Real Estate Contract, to the listing firm McKimmey Associates Realtors.
  • Respondent’s conduct constitutes improper dealings.
  • A Recovery Fund Hearing was held.  Respondent was ordered to pay Complainant $500 within 30 days of this Order.

Stout, Charles M. | Broker | Conway, AR

02/01/2008 | Hearing No. 3055

By Consent Order, Formal Hearing # 3055 the Commission ordered that “…Respondent Charles M. Stout shall receive a Letter of Reprimand to be placed in his license file, pay a $1,000 penalty to the Arkansas Real Estate Commission, within 90 days of the date of this Order.  Respondent shall be placed on probation for one (1) year from the date of this Order.

It is further ordered that the Commission shall retain jurisdiction of this matter for purposes of implementing and enforcing this Consent Order, and that Respondent’s failure to comply with any provision herein shall constitute a violation of a Commission order pursuant to ACA § 17-42-311(a)(2) for which the Commission may impose disciplinary action upon that Respondent.

  • The Commission found Respondent Stout guilty of violating Arkansas Code Annotated § 17-42-311(a)(7) and § 17-42-311(a)(13).
  • Respondent committed acts, which involve moral turpitude.  Respondent did not make written report to the Commission of his plea of nolo contendere within thirty days.  Respondent negative response on the 2008 online renewal application, “Have you been convicted or plead guilty or nolo contendere to any crime other than a traffic violation that you have not reported to AREC as required by Regulation 10.16?”

Thomas, Brandy | Salesperson | Little Rock, AR

02/01/2008 | Hearing No. 3050

By Consent Order, In Formal Hearing # 3050 the Commission ordered that “…Respondent Brandy Thomas shall receive a Letter of Reprimand to be placed in her license file, pay a $500 penalty to the Arkansas Real Estate Commission, and complete (six) 6 classroom hours of real estate education, approved in advance by Executive Director.  Said education shall be in addition to the annual Continuing Education requirement.  The $500 penalty and six (6) classroom hours of real estate education shall be completed within 90 days of the date of this Order.  Respondent shall be placed on probation for one (1) year from the date of this Order.”

“It is Further Ordered that the Commission shall retain jurisdiction of this matter for purposes of implementing and enforcing this Consent Order, and that Respondent’s failure to comply with any provision herein shall constitute a violation of a Commission order pursuant to Arkansas Code Annotated § 17-42-311(a)(2) for which the Commission may impose disciplinary action upon that Respondent.”

  • The Commission found Respondent Brandy Thomas guilty of violating Commission Regulations 8.5(a) and 10.1(b), and Arkansas Code Annotated § 17-42-311(a)(13).
  • Respondent Thomas engaged in real estate activities independent of her principal broker.  Respondent prepared and presented the February 28, 2007 VA real estate contract without Complainant’s permission or knowledge.  Respondent attempted to have the February 28, 2007 VA contract transferred to her new firm without Complainant’s knowledge or permission.  Respondent signed the February 28, 2007 VA contract as “Principal Broker or Authorized Signature” without Complainant’s permission or knowledge.
  • Respondent did not protect and promote the interest of Buyer.  Respondent instructed Buyer to sign the March 6, 2007 VA contract identifying Respondent’s new real estate firm as the Selling firm, knowing that the February 28, 2007 VA contract signed by Buyer, identifying Complainant’s real estate firm as the Selling firm had previously been accepted by VA and that the Exclusive Buyer Agency Agreement between Buyer and Complainant’s firm was in force.
  • Respondent’s activities as described above constitute improper dealings.
10/01/2007

Amponsah, Paul K. | Principal Broker | Little Rock, AR

10/01/2007 | Hearing No. 3044
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.

Burrier, Mark | Salesperson | Conway, AR

10/01/2007 | Hearing No. 3045
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.

Foster, Jacob "Steve" | Salesperson | Little Rock, AR

10/01/2007 | Hearing No. 3039
In Formal Hearing # 3039 the Commission ordered that “…Respondent Jacob “Steve” Foster’s license be revoked.”
  • 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.

Fryer, Jack T. | Salesperson | Little Rock, AR

10/01/2007 | Hearing No. 3041
In Formal Hearing # 3041 the Commission ordered that “…Respondent Jack Fryer may reactivate his license pursuant to the following conditions:
  1. Before activation of the license, Respondent Fryer shall submit a business plan to the Executive Director of the Arkansas Real Estate Commission.  This business plan shall be approved by the Executive Director and Respondent Fryer’s sponsoring broker.  Such plan shall include prohibition on engaging in any real estate activity that requires driving.  Further, Respondent Fryer shall submit a new plan should there be a change in his principal broker.
  2. This restriction shall apply for the time period of Respondent Fryer’s driver’s license restriction and the remaining term of his probation.
  3. Respondent Fryer shall report to the Executive Director of the Arkansas Real Estate Commission on the status of his alcohol recovery plan based on the requirements established by the Executive Director.  This reporting requirement shall last for a period of two (2) years.”
  • 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.

Travis, Patricia | Inactive Salesperson | Conway, AR

10/01/2007 | Hearing No. 3047

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.

Vise, Larry | Salesperson | Hot Springs, AR

10/01/2007 | Hearing No. 3034

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.

Wilkerson, Bryan E. | Principal Broker | Little Rock, AR

10/01/2007 | Hearing No. 3040
In Formal Hearing # 3040 the Commission ordered that “…Respondent Bryan E. Wilkerson’s license be revoked and that he pay a $1,000.00 fine to the Arkansas Real Estate Commission.”
  • 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.
03/01/2007

Ashley, Jamie | Salesperson | Hot Springs, AR

03/01/2007 | Hearing No. 3028

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.

Chandler, Nancy R. | Salesperson | Hot Springs, AR

03/01/2007 | Hearing No. 3026

 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 Chandler represented on the MLS listing and on her personal web page that the Square Footage of the house was 1,568 sq. foot when the house was in fact 1,254 sq. foot.

 

Cotnam, Bob J. | Principal Broker | Hot Springs, AR

03/01/2007 | Hearing No. 3026
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.

Fisher, William (Bill) | Principal Broker | Jacksonville, AR

03/01/2007 | Hearing No. 3033

In Formal Hearing # 3033 the Commission ordered “…if Respondent  Fisher still had a license at this time, these charges would be significant enough that the Respondent’s license would now be revoked.”

  • 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, Jacksonville , Arkansas available to the Arkansas Real Estate Commission for inspection.
  • 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.”

Hager, Ronald | Principal Broker | Siloam Springs, AR

03/01/2007 | Hearing No. 3031

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.

Horne, Kelly | Salesperson | Henderson, AR

03/01/2007 | Hearing No. 3030

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.

Richards, John F. | Principal Broker | Little Rock, AR

03/01/2007 | Hearing No. 3032
  In Formal Hearing # 3032 the Commission ordered that “…Respondent Richard’s license is permanently revoked.”
  • 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., Little Rock , Arkansas available to the Arkansas Real Estate Commission for inspection.
  • 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.”

Warlow, Randall D. | Principal Broker | Henderson, AR

03/01/2007 | Hearing No. 3030
 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.

Woolverton, B.J. | Principal Broker | Hot Springs, AR

03/01/2007 | Hearing No. 3028

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).

Woolverton, Carolyn | Salesperson | Hot Springs, AR

03/01/2007 | Hearing No. 3028

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.
07/01/2006

Barth, David W. | Principal Broker | Fairfield Bay, AR

07/01/2006 | Hearing No. 3020

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.

Brunje, Arthur R. | Salesperson | Bella Vista, AR

07/01/2006 | Hearing No. 3018
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.

Fisher, William (Bill) | Principal Broker | Jacksonville, AR

07/01/2006 | Hearing No. 3023
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.
  • Respondent did not file written answers to the complaints filed by the above referenced Complainants.
  •  Respondent failed to make the property management records and bank statements for Fisher Realty, Jacksonville , AR available to AREC for inspection.
  • A Recovery Fund Hearing was held pursuant to Arkansas Code Annotated § 17-42-401 et seq.
  • Respondent Fisher was ordered to pay four (4) complainants a total of $24,819.43 within thirty (30) days.

Hamilton, Cynthia E. | Executive Broker | Hope, AR

07/01/2006 | Hearing No. 3019
 In Formal Hearing # 3019 the Commission ordered that “Respondent Hamilton is required to take six (6) hours education on agency law and rules, approved by the Executive Director, and that those hours are not to apply towards any continuing education requirements.  Once Respondent Hamilton has completed that class, she is to share her knowledge of agency rules and law with any licensees who are under her supervision.”
  • The Commission found Respondent Hamilton guilty of violating Commission Regulation 8.5(a) and Arkansas Code Annotated § 17-42-311(a) (13).
  • Respondent Hamilton did not protect and promote the interest of her client.  Even   though the referenced addendum prohibited occupancy by the Purchaser or any other person without written agreement, Respondent gave Complainant keys to the property   to store belongings without notifying the seller of that event.  After Respondent Hamilton gave Complainant a key to the property, Respondent did not investigate to confirm that no one was occupying the Seller’s property.  After learning that the buyers had taken possession of and were living in the subject property, Respondent failed to evict the buyers or to notify her client that the buyers had taken possession of the property contrary to the parties’ contract and allowed buyers to remain in possession without payment of rent or other consideration.
  • 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 Hamilton failed to promote and protect her client’s interest.
  • 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)

Mathis, Robert | Principal Broker | Bella Vista, AR

07/01/2006 | Hearing No. 3018

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.

Shepherd, James Rel | Principal Broker (deceased) | Hot Springs, AR

07/01/2006 | Hearing No. 3025
In Formal Hearing # 3025 the Commission found that “As a result of the proven violations, that Complainant is entitled to a Recovery Fund award in the amount of $4,241.23, to be paid within 30 days, with notice to be made to the Respondent’s heirs or representatives.  If no payment is made, such amount shall be paid by the Recovery Fund.”
  • The Commission found Respondent Shepherd guilty of violating Arkansas Code Annotated § 17-42-311(a)(6) and Commission Regulation 8.5(a).
  • Respondent Shepherd failed to remit $4,241.23, which was due Complainants for rents received but not remitted and payment for a pool liner that was not installed.
  • Respondent did not protect and promote the interest of his client.  Respondent received $1,000 to replace a pool liner but did not replace the liner or account to Complainant concerning the funds.  Respondent sent Complainant a NSF check in the amount of $4,241.23 representing funds collected or received by Respondent on behalf of Complainant, and did not make the check good.  Respondent failed to send copies of leases as directed by Complainant to the new property manager.

Tucker, Carrie L. | Principal Broker | Hot Springs, AR

07/01/2006 | Hearing No. 3021
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.

Veltens, Jenny J. | Principal Broker | Hot Springs, AR

07/01/2006 | Hearing No. 3021

In Formal Hearing # 3021 the Commission ordered that “…Respondent Jenny Veltens take 18 hours of continuing education to be approved by the Executive Director of the Commission; that these hours will not count for any required continuing education.  The Commission also ordered Respondent Veltens to pay a $500.00 fine to the Arkansas Real Estate Commission. The Commission also ordered that “... Arkansas Real Estate Commission staff perform an investigation of Respondent Veltens’ real estate office to make sure that there are no additional MLS listings improperly represented with different photographs.”

  • 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.
10/01/2005

Harris, Arthur D. | Broker | Hot Springs, AR

10/01/2005 | Hearing No. 3007

In Formal Hearing # 3007 the Commission ordered that “…Respondent Harris is ordered to pay a fine of $500.00 to the Arkansas Real Estate Commission within thirty (30) days of his receipt of the written Order, and attend a 30-hour post-license broker’s course approved by the Commission’s Executive Director, for which he will not be eligible for scholarship for that course.”

  • 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 Arkansas statutes and Uniform Rules of Professional Appraisal Practice and ordered a certain disciplinary action against Respondent Harris.  Respondent Harris did not make a written report to the Arkansas Real Estate Commission of said sanctions within thirty (30) days after such action.

Hemmer, Jeanette | Broker | Lamar, AR

10/01/2005 | Hearing No. 3006
In Formal Hearing # 3006 the Commission ordered that “…Respondent Hemmer’s principal broker license is revoked; however, Ms. Hemmer is allowed to take the 18-hour post-license salesperson course as approved by the Executive Director, whereupon she will be issued a real estate salesperson license allowing her to work under the supervision of a principal broker who must be approved by the Executive Director, and after three years will be permitted to apply for the principal broker license.”
  • 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 ( Chad ) D. Over‘s real estate license is revoked.”

  • 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.
  • Recovery Fund was held. Pursuant to Arkansas Code Annotated § 17-42-401 et seq., the Commission ordered Respondent Hemmer to pay Complainant $549.00, within thirty (30) days of the issuance of the Commission’s written Order.  The Commission ordered Respondent Over to pay Complainant $1,283.50, within thirty (30) days of the issuance of the Commission’s written Order.

 

Over, Jr., Charles (Chad) D. | Salesperson | Lamar, AR

10/01/2005 | Hearing No. 3006

The Commission ordered that “…Respondent Charles ( Chad ) D. Over‘s real estate license is revoked.”

  • 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.
  • Recovery Fund was held. Pursuant to Arkansas Code Annotated § 17-42-401 et seq., the Commission ordered Respondent Hemmer to pay Complainant $549.00, within thirty (30) days of the issuance of the Commission’s written Order.  The Commission ordered Respondent Over to pay Complainant $1,283.50, within thirty (30) days of the issuance of the Commission’s written Order.

Stall, Ken D. | Broker | Clarksville, AR

10/01/2005 | Hearing No. 3002
In Consent Order, Formal Hearing # 3002, the Commission ordered that “…Respondent Ken D. Stall shall complete within six months of the date of this Consent Order, a six (6) hour Real Estate Agent and Broker Course and a six (6) hour Real Estate Policies and Procedures Course …".

Summers, Terri L. | Salesperson | Bryant, AR

10/01/2005 | Hearing No. 3003
By Consent Order, Formal Hearing # 3003 the Commission ordered that “…Respondent Summers successfully complete the Commission’s 18-hour Post-License Salesperson Course within six (6) months of the date of the Order…”

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.

Watkins, Elmer | Broker | Jonesboro, AR

10/01/2005 | Hearing No. 3010
In Formal Hearing # 3010 the Commissioners ordered that “…Respondent Watkins’ Broker’s expired license is hereby revoked immediately.”
  • 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 Arkansas attorney.
  • 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.
05/01/2005

Gates, Ronald | Broker | Conway, AR

05/01/2005 | Hearing No. 2098
In Formal Hearing #2098 by Consent Order the Commissioners ordered “…that Respondent Ronald Gates’ broker license be revoked effective immediately.  Furthermore, should Mr. Gates apply for a real estate license in the future, he shall do so as an original applicant and shall appear before the Commission for the Commission to determine whether he meets the eligibility requirements pursuant to the then applicable law before he is eligible to sit for the Arkansas Salesperson or Broker real estate license examination.”
  • Mr. Gates did not exercise strict supervision of the property management activities of Salesperson Tim Rodgers; failed to have either “trust” or “escrow” in the name of the account he reported to the Commission as his trust account; failed to reconcile the trust account in writing monthly and failed to balance the trust account to the total amount of trust funds deposited into the account that had not been disbursed.
  • The Commission found Respondent Gates guilty of violating Commission Regulation 10.4(b); Regulation 10.8(c) and Regulation 10.8(g)(2).

Marratt, Charles E. | Broker | Little Rock, AR

05/01/2005 | Hearing No. 3001
In Formal Hearing #3001 the Commissioners ordered ‘…to deny Respondent Marratt’s request for reinstatement as Principal Broker; however, Respondent Marratt may apply for a salesperson’s license by written request to the Arkansas Real Estate Commission Executive Director.  A salesperson’s license will be granted subject to a supervisory plan to be approved by the Commission prior to issuance of a salesperson’s license.

“The Commission further voted unanimously that Respondent Marratt pay to the Arkansas Real Estate Commission a $200.00 fine pursuant to Arkansas Code Annotated § 17-42-312(a)(4) for submission of a fraudulent application.”
      
Mr. Marratt was convicted of a crime involving moral turpitude, fraud, dishonesty, untruthfulness, and untrustworthiness.

Rogers, Tim L. | Salesperson | Conway, AR

05/01/2005 | Hearing No. 2097
In Formal Hearing #2097 by Consent Order the Commissioners ordered that “…Respondent Tim L. Rodgers’ salesperson’s license be revoked effective immediately.”

Charges against Mr. Rodgers are as follows:

  1. From May 1, 2004 through December 2004 Respondent Rodgers practiced real estate without holding an active real estate license.
  2. Respondent Rodgers failed to file a written answer to Complaints filed by Complainants.
  3. After reporting to the Commission that Anchor Realty had closed and that he had stored the firm’s real estate records at a designated location, Respondent shredded all the real estate records for Anchor Realty.
  4. Respondent’s conduct during the period form March 2003 through April 30, 2004 as set forth above, of controlling the trust account for Anchor Realty and issuing or causing to be issued checks which exceeded the balance in said trust account and incurring overdraft and insufficient funds charges, and issuing multiple checks on said trust account payable to himself that were not identified to a real estate transaction, constitutes improper, fraudulent, or dishonest dealing.
  5. Respondent advised Complainant that Respondent would transfer the management of Complainant’s property to another real estate firm, but failed and refused to do so and continued to manage and collect rent without the Complainant’s knowledge. 
  6. Respondent collected rents for Complainants’ properties, but failed within a reasonable time to account for or to remit said rents to Complainants’.
  7. Respondent collected deposits for Complainants’ properties, but failed within a reasonable time to account for or to remit said deposits to Complainants’.
  8. Respondent agreed to perform certain repairs to Complainants’ property, received payment therefrom, but failed and refused to complete said repairs, and failed and refused to refund Complainant the cost of the repairs that he did not complete.”
  • The Commission found Mr. Rodgers guilty of violating Arkansas Code Annotated § 17-42-308(a) (2) (Repl. 2001), Commission Regulation 9.2(b), Regulation 10.7(c), and Arkansas Code Annotated § 17-42-311(a) (13)(6).
  • A Recovery Fund Hearing was held pursuant to Arkansas Code Annotated § 17-42-401 et seq., the Commission ordered Mr. Rodgers to pay Complainants’ damages in the total amount of $31,419.82.

White, Pauline F. | Salesperson | Mountain Home, AR

05/01/2005 | Hearing No. 2095
In Formal Hearing #2095 the Commissioners ordered that “…a Letter of Reprimand to be placed in Ms. White’s 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.”
  • The Commission found Ms. White guilty of violating Commission Regulation 8.5(a).
  • 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.
  • A Recovery Fund Hearing was held, Pursuant to Arkansas Code Annotated § 17-42-201 et seq., the Commission ordered Ms. White to pay the Complainants’ damages in the amount of $667.00.

Wingfield, Keith A. | Salesperson |

05/01/2005 | Hearing No. 2094

In Formal Hearing #2094 the Commissioners ordered that “…Respondent Wingfield be allowed to reinstate his salesperson’s license, but as a condition for the reinstatement of said license, Keith Wingfield must present a supervisory plan agreed to by his principal broker and Commission’s Executive Director, and approved thereafter by the Commission.”

  • The Commission found Mr. Wingfield guilty of violating Arkansas Code Annotated § 17-42-311(a)(3).
  • Mr. Wingfield was convicted of a crime involving moral turpitude, fraud, dishonesty, untruthfulness, and untrustworthiness.
11/01/2004

Stotlar, Allen R. | Associate Broker | North Little Rock, AR

11/01/2004 | Hearing No. 2078

In Formal Hearing #2078 the Commissioners voted unanimously “…that Respondent Allen R. Stotlar’s real estate license be revoked immediately.”

  • 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 Lot 56.
  • 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 Lot 14 was not reduced to writing.
  • 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.
02/01/2004

Clay, Alvin D. | Principal Broker | Little Rock, AR

02/01/2004 | Hearing No. 2080
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.

Dacus, Richard L. | Salesperson | Fayetteville, AR

02/01/2004 | Hearing No. 2084
 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. 

Goff, David A. | Principal Broker | Rogers, AR

02/01/2004 | Hearing No. 2085
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.

Gruber, Mary L. | Salesperson | Little Rock, AR

02/01/2004 | Hearing No. 2055
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. 

Joiner, Kerrie O. | Salesperson | Little Rock, AR

02/01/2004 | Hearing No. 2080
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.

Jones, Joe M. | Principal Broker | Searcy, AR

02/01/2004 | Hearing No. 2080
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.”

Joyner, Patricia L. | Principal Broker | Little Rock, AR

02/01/2004 | Hearing No. 2081
 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.”

Perryman, Danny L. | Salesperson | Viola, AR

02/01/2004 | Hearing No. 2074
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.

Perryman, Barbara J. | Salesperson | Viola, AR

02/01/2004 | Hearing No. 2074

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.

Chivers, Joseph C | Salesperson | Cabot, AR

| Hearing No. 3108
By Consent Order in Formal Hearing # 3108 the Commission ordered that Respondent Salesperson Chivers shall receive a Letter of Reprimand to be placed in his license file and pay a $350 penalty to the Arkansas Real Estate Commission within ninety (90) days of the Order.
  • The Commission found Respondent Chivers guilty of violating Arkansas Code Annotated § 17-42-301(a), Arkansas Code Annotated § 17-42-311(a)(9) and Commission Regulation 6.3(b).
  • Respondent Joseph C. Chivers initially obtained a salesperson license on January 11, 2005, with Blackwood Realty, Inc. 
  • Respondent Chivers was licensed with the Blackwood Team, Cabot from June 9, 2009, until January 1, 2010.
  • Respondent Chivers did not renew his salesperson license; therefore, it expired on January 1, 2010.
  • Respondent Chivers attempted to renew his license on January 12, 2010, by paying the renewal fee; however, Respondent Chivers did not provide the required signed affidavit necessary for late license renewal. The required signed affidavit was provided to the Commission on August 12, 2010.
  • Respondent Chivers engaged in real estate transactions during the period he was not licensed.