Real Estate Licensee Disciplinary Actions By State

Arizona--Marijohn Kirkland - Salesperson's License SA562176000 - The respondent represented an individual on a sale of property. Ms. Kirkland removed approximately $1,000 worth of furniture and personal possessions from the seller's residence without permission. The licensee was directed to return all items by her designated broker and failed to do so.

Arkansas--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...Gruber is to pay a fine of $500.00 within thirty (30) days of receipt of notice of this hearing decision." The Commission found Gruber guilty of violating Commission Regulation 8.5 (a). Gruber did not protect and promote the interests of her client (Seller) as follows: 1. She did not include any provision in either of the counteroffers to Buyers A or Buyers B 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 B to the selling agent Principal Broker when she knew that Buyers A 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 B. 3. She failed to take reasonable action to withdraw Complainant's counteroffer to Buyer B by delivering notice of Buyer B's withdrawal to Principal Broker prior to Buyer B's acceptance of that counteroffer being communicated to Respondent Gruber.

California--Bill Joseph Northey California Bureau of Real Estate has determined that Northey has engaged in, acts or practices constituting violations of the California Business and professions Code, including the business of, acting in the capacity of, and/or assuming to act as a real estate broker within the meanings of Sections 10131(a) and 10131(d) of the code. FINDINGS OF FACT: On October 20, 2011, the real estate license of Northey was revoked. The license remains revoked to date. On or about April 1, 2012, Northey approached Juan H. outside a swap meet and offered to help Juan H. purchase a home. Northey provided Juan H. with business cards from Monterey Funding. Northey proceeded to show Juan H. a home, which Juan H. desired to purchase. On April 3, 2012, Northey submitted an offer on the property to the listing agent by email. This email, along with subsequent emails, identified the parties negotiating the sale as The Real Estate Team of Lisa Northey and Bill Northey, Parkway Realty and Monterey Funding Inc. In or about April 2013, Northey offered to negotiate a loan, secured by rea property for Pedro T. On or about May 8, 2103, Northey accepted a $3,500 check from Pedro T. addressed to Monterey Realty as a deposit for the purchase of real property. CONCLUSIONS OF LAW...Based on the findings of fact Northey, acting by himself, or by and/or through one or more agents, associates or affiliates and/or co-conspirators, offered to purchase real property and negotiate loans for others, which acts requires a real estate license under Sections 10131(a) and 10131(d) of the Code. Bill Joseph Northey is hereby ordered to immediately desist and refrain from performing any acts within the State of California for which a real estate broker license is required.

Colorado--Rex W. Brandt licensee (Complaint # 2007101934) engaged in a transaction that included undisclosed buyer rebates: a $250,000 payment allegedly for landscape and a pool Brandt receive as a buyer, failed to disclose funds to purchaser without adequate disclosure to lender, failed to disclose brokerage relationships in writing, failed to maintain files as required, and failed to ensure settlement statements. Mr. Brandt's real estate license shall be revoked; and he shall pay a fine of $46,000.

Florida - Luis Antonio Bido. License # SL 3239687 - Case # 2013-033363 Respondent violated Florida Statute Section 475.25(1)(b) by giving the property inspector the wrong email address for the buyer in a real estate purchase transaction, giving the buyer an altered report instead of the inspector's report, and by telling the buyer that the inspection company would refund the cost of inspection when it never offered to make the refund. By stipulation, Respondent agreed to the following penalty: 30 days of suspension beginning 6 months after the effective date; administrative fine of $1,000; investigative costs of $251.25; restitution to buyer in the amount of $25,130. Effective: 03/18/2015.

Iowa--Randy S. Wilson. The Applicant does not contest that he failed to accurately disclose his criminal history as requested by question 10a on the license application form. The Applicant voluntarily agrees that as a condition for receiving a new Iowa real estate salesperson license, the Applicant shall pay to the Commission a civil monetary penalty in the amount of five hundred dollars ($500.00) within 30 days of the Commission's approval of this Agreement.

Illinois--Kevin Maloney, license (476-381650) placed on probation for two years and fined $2,500 for acting outside the scope of his salesperson license, specifically owning and operating two web sites, engaged in leasing condominium apartment units, held security deposits without an escrow account and co-mingled funds with his personal accounts.

New Mexico--Camille Lisa Milkie--Respondent acknowledges that she is subject to disciplinary actions pursuant to NMSA 1978 69-29-12 and does not contest the Commission's allegations that she engaged in misconduct as a real estate broker in violation of NMSA 1978 69-29-12 (A)(1), (10)(11) and Commission rules 16, 61.19.9 NMAC. Respondent does not dismiss Commission's allegations that she made substantial misrepresentations and breached her broker duties by failing to act in an honest and reasonable manner with her clients as related to the real estate transaction as alleged in the NCA issued to the respondent.

New Jersey--Nirva Tullis, salesperson, Somerset County On May 13, 2008, the Commission approved a consent agreement whereby Nirva Tullis agreed to a one-year revocation of her salesperson's license and a $1,000 fine. Ms. Tullis admitted to violating N.J.S.A. 45:15-17(a), N.J.S.A. 45:15-17(e), and N.J.S.A. 45:15-17(l). She fraudulently signed listing agreements on behalf of four sellers who were not aware that their homes were being listed for sale. The listings were promptly withdrawn when her broker became aware of her activities. George Kacprzykowski, formerly licensed New Jersey real estate salesperson, Burlington County. By Final Order dated October 9, 2012, the Commission determined Kacprzykowski's conviction of theft by deception arising out of his real estate brokerage business demonstrated unworthiness, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(e) and such conduct established that Kacprzykowski did not possess good character, honesty, integrity and trustworthiness required under N.J.S.A. 45:15-9. The Commission also found that Kacpryzykowski's eligibility for a real estate license was subject to revocation pursuant to N.J.S.A. 45:15-19.1 because he had been convicted of a theft offense which was related to his activities as a real estate salesperson. His failure to notify the Commission within 30 days of the filing of those criminal charges against him was a violation of N.J.S.A. 45:15-17(s). Kacprzykowski's failure to account for or pay over escrow money in a real estate transaction and his commingling of those funds with his own were violations of N.J.S.A. 45:15-17 (d), (t) and (o). Kacprzykowski's conduct demonstrated he engaged in dishonest dealing in violation of N.J.S.A. 45:15-17(l). The Commission permanently revoked Kacprzykowski's real estate salesperson's license and imposed a fine of $25,000.

New Mexico--The New Mexico Real Estate Commission revoked the real estate broker's licenses of John and Barbara Walterick, the former owner/operators of Mountain Valley Realtors in Edgewood. The commission also imposed more than $4,000 in fines and administrative hearing costs on the Waltericks and ordered that Barbara Walterick must satisfy the terms of previous disciplinary orders before she can apply again for a real estate broker's license. The commission found that Barbara Walterick continued to practice real estate for more than two years after her broker's license was suspended by the commission. After her license was suspended and subsequently expired, her husband, John Walterick, became the qualifying broker for Mountain Valley Realtors and permitted his wife to continue to work for Mountain Valley as a real estate broker, according to the commission's findings. In 2006, the commission served three separate disciplinary action notices on the couple over real estate transactions in which the Waltericks and Mountain Valley Realtors were involved after Mrs. Walterick's license expired. In October 2003, Barbara Walterick was ordered to serve two consecutive six-month suspensions, pay administrative penalties totaling $1,000, and make restitution of $1,300 to clients for violations of the commission's property-management rules. She never paid those fines or the restitution ordered, according to Real Estate Commission Executive Director Wayne Ciddio. In 2002, she received a letter of reprimand from the commission for violations of property-management rules. It is illegal to engage in real estate activities in New Mexico without a license and illegal for a qualifying broker to allow unlicensed persons to practice under the qualifying broker's license, Ciddio noted. It is also illegal for a brokerage to pay unlicensed persons commissions on real estate transactions.

Pennsylvania--Rene J. Fougeray Jr., license no. RB047093L, of Lehighton, Carbon County, was reprimanded and assessed a $1,000 civil penalty based on findings that Fougeray demonstrated bad faith, dishonestly, untrustworthiness, or incompetency in a real estate transaction for failing to include required provisions in and placing buyers' initials on the Agreement of Sale without their authorization.

Texas--James Robert Willoughby (Austin), License #348568, acting negligently or incompetently in a transaction by using a combination lockbox on a property that allowed a buyer and perhaps others unlimited access to the property without any licensee's knowledge of the access, in violation of 11101.652(b)(1) of the Texas Occupations Code; engaging in conduct that constitutes dishonest dealings, bad faith, or untrustworthiness in a transaction when, while acting as a listing agent, salesperson misled sellers that a buyer representative was involved in the transaction when in fact salesperson was the only salesperson involved, was dealing directly with buyers, received both sides of the commission, and also received a $2,000.00 bonus intended for the selling agent, in violation of 1101.652(b)(2) of the Texas Occupations Code; failing to obtain from buyers their written consent to an intermediary relationship, in violation of 1101.559 of the Texas Occupations Code; failing to be faithful and observant to trust placed in the agent and to be scrupulous and meticulous in performing the agent's functions in a real estate transaction by submitting inaccurate and misleading contract documents for review and signature by the principals, in violation of 22 TAC 531.1(2); advertising brokerage activity by using a name other than the name in which the salesperson was licensed, in violation of 22 TAC 535.154(c); placing brokerage advertisements that imply that the salesperson is the person responsible for the operation of a real estate brokerage, in violation of 22 TAC 535.154(e); placing brokerage advertisements on the Internet that do not include on each page information required by the Rules of the Commission, in violation of 22 TAC 535.154(i). Agreed six-month suspension of salesperson license fully probated for two years, effective July 28, 2008; agreed administrative penalty of $7,000, entered July 28, 2008.

Washington, DC--Marisa L. Bronfman. By consent order, respondent agreed to pay a fine in the amount of $2,500 with the stipulation of release from any charges without admission of liability. The following charges were served on the respondent: 1) failure to deposit monies within seven days in an account in an insured financial institution in the District of Columbia, in violation of DC official code section-1704 (a)(10) (2001); 2) failure to account for or remit any money, valuable document, or other property coming in to her possession, which belonged to others in a reasonable time in violation of DC official code section 47-2853.197(10)(2001); and 3) failure to exercise ordinary care as a real estate broker on behalf of buyers, in violation of DC official code section 47-2853.192(d)(4)(2001).