Joanne Justice of Arlington is the Managing Broker for the Arlington office of Coldwell Banker Residential Brokerage. A 37 year real estate veteran she is a member of the Texas Association of REALTORS, past President of the Arlington Board of REALTORS and serves on the Board of Directors for the National Association of REALTORS. A member of the Council of Real Estate Brokerage Managers, she attended the University of Connecticut and is certified to teach Mandatory Continuing Education for Texas real estate licensees. She volunteers for Habitat for Humanity, was the 2002 recipient of the Edgar Bird Award presented by the Arlington Board of REALTORS and received the Distinguished Service Award from the Texas Association of REALTORS in 2000. She replaces Elizabeth Leal of El Paso.
Jaime Blevins Hensley of Lufkin is a broker and owner of American Real Estate-Lufkin Inc. She is a member of the Texas and National Associations of Realtors , Leading Real Estate Companies of the World, and Council of Residential Specialists. She is director of the Lufkin Association of Realtors and Lufkin Multiple Listing Service, and a member of the Angelina Economic Development Partnership Board, Angelina Chamber of Commerce, Deep East Texas Association of Builders and Piney Woods Apartment Association. Hensley received a bachelor’s degree from Centenary College of Louisiana, a Master of Business Administration from Stephen F. Austin University, and graduated from the Texas Real Estate Institute. She replaces Mary Frances Burleson of Sachse.
Dona Scurry of El Paso is president of Stockton Scurry and Smith PC. She is a member of the American Institute of Certified Public Accountants, El Paso Estate Planning Council, Texas Society of Certified Public Accountants, and Greater El Paso Chamber of Commerce Executive Board. She is also a member of the El Paso ProMusica Board and University of Texas El Paso College of Business Advisory Committee, a past member of the Texas Appraiser Licensing and Certification Board, and treasurer of the University Medical Center Foundation and the El Paso Holocaust Museum. Scurry received a bachelor’s degree from Texas Christian University. She replaces Bill Flores of Sugar Land.
Background Check Fee for Renewals
All licensees who have been fingerprinted for TREC will eventually have to pay an additional fee for a subsequent background criminal history report when renewing their licenses. Licensees who were fingerprinted for a 2008 renewal, application or late renewal, and whose current license expiration is March 31, 2009 or thereafter, must pay the renewal fee and an additional fee (currently $19.25 ) for a subsequent background criminal history report to renew the license. Renewal fees will be returned to licensees who submit incorrect fee amounts and the license will expire if the correct amount is not timely received.
Education and fingerprinting are not required for a timely renewed inactive license if you are subject to MCE.
If you are subject to SAE you are required to complete the education requirement even if you are renewing on an inactive status. Renewals without education for this type of license will be rejected. Both SAE and fingerprinting should be completed at least 10 days prior to the license expiration date. Fingerprinting is not required for a timely renewed inactive license if you are subject to SAE.
Late renewal applications require the submission of fingerprints.
The Texas Real Estate Commission held its regularly scheduled meeting at the TREC headquarters in Austin, Texas on Tuesday, May 26, 2009. Chairman John D. Eckstrum presided.
Two of the new commissioners were present, Joanne Justice of Arlington and Jaime Hensley of Lufkin. The Chair introduced the two new members. Dona Scurry, the new public member from El Paso was not present.
The Commission approved payment of two recovery trust fund claims in the amounts of $2,390 and $6,332.
The Commission proposed amendments to 22 TAC §535.64 concerning Accreditation of Schools and Approval of Courses and Instructors and §535.66 regarding Payment of Annual Fee, Audits, investigations and Enforcement Actions. The Commission also proposed amendments to §535.101 concerning Fees. The Commission proposed amendments to §535.51 on an emergency basis and also on a permanent basis. The Commission proposed amendments to §535.212 concerning Education and Experience Requirements for an Inspector and §535.223 regarding standard inspection report forms.
The Commission authorized the Administrator to sign a contract with VERSA Systems to supply TREC with a new Licensing and Information System.
The Commission appointed Denise Robbins, Vice President—Fulshear, Commercial State Bank, El Campo, Texas as a public member on the Texas Real Estate Inspector Advisory Committee.
The Commission directed staff to prepare rule amendments to §535.71 to require instructors for the mandatory Legal and Ethics MCE courses be approved under requirements equal to the requirements for core instructors of Principals, Law of Agency and Law of Contracts in addition to requiring attendance at a Train the Trainer course offered by the Real Estate Center, as recommended by the Education Advisory Committee.
The Commission heard four proposals for decision from the State Office of Administrative Hearings, adopting three and revising another.
The next scheduled meetings of the Commission will be June 11, 2009, and August 17, 2009, at the TREC headquarters in Austin, TX.
It is your responsibility to ensure that your license is renewed in a timely manner. Any education required must be completed before your license expiration date if you want to maintain an active real estate license, unless you pay an additional $200 fee and complete your MCE within 60 days of the expiration date of your license.
(A license subject to SAE cannot renew without education being completed.)
Renewal reminder cards are sent out to all brokers and inactive salespersons, active salespersons' cards are sent to the sponsoring broker. The Texas Real Estate Commission is not responsible for U.S. Postal Service delivery or knowing where to find you if you have moved and have not filed a change of address with our office. Failure to receive a renewal reminder card does not provide a valid excuse for not renewing your license.
Fee Increase for Salesperson Licenses
The Commission has adopted amended rules on an emergency basis to comply with new legislation which increased salesperson license and renewal fees collected for the Real Estate Center at Texas A&M (see the article below).
• The amendments, effective June 2, 2009, increase the following salesperson license fees:
• Inactive Real Estate Salesperson License from $94.50 to $97.00
• Timely Renewal of a Salesperson License under SAE from $51.00 to $53.50
• Timely Renewal of a Salesperson License under MCE from $102.00 to $107.00
• Late Renewal of a Salesperson License
• SAE expired 90 days or less: $64.50 to $67.00
• SAE expired more than 90 days: $79.50 to $82.00
• MCE expired 90 days or less: $129.00 to $134.00
• MCE expired more than 90 days: $159.00 to $164.00
• Salesperson License by Current or Previous Broker from $92.50 to $95.00
Applications or renewals will be rejected if the new fee is not paid.
The Commission adopted an emergency rule amendment which increased the fee collected for the Real Estate Center at Texas A&M from $17.50 to $20 per year for each salesperson application and renewal. The effective date of the emergency rule was June 2, 2009. The emergency rule was adopted to comply with SB 862, enacted by the 81st Legislature, which in part, increased the fees TREC collects for the Real Estate Center.
The Commission has proposed amendments to increase the portion of the salesperson and broker renewal and late renewal fees collected for TREC operations. The amendments would increase the timely renewal fees by $8 for a two-year license and $4 for a one-year license; late renewal fees would be increased by $12 for a two-year license ($6 for a one-year license) for the late renewal of a license that has been expired 90 days or less; and $16 for a two-year license ($8 for a one-year license) for the late renewal of a license that has been expired more than 90 days. The increase in fees will pay for new projects and TREC appropriations authorized by the 81st Legislature in 2009.
A
breakdown of the proposed fees for timely renewals are shown in the table
below.
|
Fee Type |
TREC |
Professional |
Texas Online |
Texas A&M Research Center |
Advisor |
Total |
| Proposed Individual Broker Renewal |
68 |
400 |
7 |
40 |
4 |
519 |
| Proposed Salesperson Renewal (1 year license) |
34 |
2 |
20 |
2 |
58 |
|
| Proposed Salesperson Renewal (2 year license) |
68 |
3 |
40 |
4 |
115 |
The recently concluded 81 st regular session of the Texas Legislature brought about the following changes to the Real Estate License Act and related laws .
In addition to providing for certain fee changes , Senate Bill 862 included several TREC housekeeping items. This bill added disability and familial status to the list of grounds on which licensees may not discriminate, consistent with federal law. S.B. 862 also made certain changes to the recovery fund provisions of the Real Estate License Act to better address the effect of bankruptcy on a claim while also protecting the fund in these cases . Last, t he bill designated the State Office of Administrative Hearings (which has heard complaint matters against brokers, salespeople, and inspectors since 2007) as the forum for timeshare and residential service company complaints.
House Bill 3502 modifies the seller’s disclosure requirements and the buyer’s acknowledgement on the seller’s disclosure regarding smoke detectors.
Senate Bill 1918 provides for updates to resale certificates if requested in writing by a purchaser.
Fraud Alert! -
TREC has recently learned about a scam in which a person pretending to be an agency employee may call a licensee with a story about a problem with the licensee's license status. The caller then offers to resolve the problem by asking for the licensee's credit card number to make a payment by phone.
DO NOT RESPOND to requests from TREC asking you to provide personal information, including credit card numbers, social security numbers, or any other identifying information. TREC does not accept any payments by phone and will never make such a request. Please remember to always carefully guard your personal data. If you receive a suspicious call from someone purporting to be from TREC, we recommend that you ask the caller for his or her name, then hang up, call TREC at the number on the website, and ask to be transferred to that person.
If you have received a suspicious call involving TREC and gave out personal information or otherwise feel your security may have been compromised, please first file a report with your local police department and then notify TREC of the situation.
Rule No. |
EARLIEST POSSIBLE DATE OF ADOPTION |
SUMMARY OF PROPOSED RULE |
| 08/17/09 |
The amendments:
|
|
08/17/09 |
The amendments:
|
|
08/17/09 |
The amendments:
|
|
RULE NO. |
EFFECTIVE DATE |
SUMMARY OF RULE ADOPTED BY EMERGENCY ACTION |
6/2/2009 |
The amendments adopted on an emergency
basis revise §535.51 concerning General Requirements and adopts
by reference three revised forms. The amendments are adopted on
an emergency basis to comply with new legislation that included
revisions to Texas Occupations Code Chapter 1101 during the 81st
Legislative Session, Regular Session, by Senate Bill 562. The effective
date of SB 862 is May 11, 2009. The adoption of the amendments permits
TREC to comply with the effective date required by the bill. The
amendments adopt by reference revised forms to reflect increased
fees to be paid to the Real Estate Research Center at Texas A&M
University for three application types for a salesperson license
as SB 862 provides for such increase in fees. |
|
For complete text of the rules go to http://www.trec.state.tx.us/formslawscontracts/rules_codes/trecrules.asp |
||
RULE NO. |
EARLIEST POSSIBLE DATE OF ADOPTION |
SUMMARY OF PROPOSED RULES |
| 08/17/09 |
The amendments
|
|
08/17/09 |
The amendments
|
|
08/17/09 |
The amendments
|
|
Enforcement questions and answers (FAQs) may be found on TREC's
web site at
http://www.trec.state.tx.us/questions/faq-enf.asp
RESA, Inc.
(San Antonio); License #434367
Agreed reprimand of broker license, entered May 28, 2009; Agreed administrative
penalty of $1,500, entered May 28, 2009; acting negligently in associating with
a salesperson who continued to engage in real estate brokerage activities after
expiration of the salesperson's license, in violation of §1101.652(b)(1)
of the Texas Occupations Code
Bermudez, Paul
Obed
(Dallas); License #377623
Agreed reprimand of broker license, entered May 26, 2009; Agreed administrative
penalty of $500, entered May 26, 2009; acting negligently or incompetently in
supervising a sponsored salesperson, in violation of §1101.652(b)(1) of
the Texas Occupations Code.
Houston, Kemmie
Beal
(Huffman); License #481915
Revocation of salesperson license, effective May 22, 2009; failure to respond
to notice of violations within 20 days under §1101.704(b) of the Texas
Occupations Code which notice was for negligence in not keeping client informed,
promptly collecting rents, not completing approved repairs, in violation of
§1101.652(b)(1) of the Texas Occupations Code; being dishonest entering
into management agreements without broker authority, in violation of §1101.652(b)(2)
of the Texas Occupations Code; making false promises about tenant to owner,
in violation of §1101.652(b)(5) of the Texas Occupations Code; doing continued
and flagrant course of misrepresentation regarding tenancy, in violation of
§1101.652(b)(6) of the Texas Occupations Code; commingling funds depositing
management monies in personal account, in violation of §1101.652(b)(10)
of the Texas Occupations Code; doing business as God’s Properties without
notification to the Commission within 30 days of beginning usage of name, in
violation of §1101.652(b)(23) of the Texas Occupations Code; failing to
provide copies of real estate documents upon request to principal, in violation
of §1101.652(b)(28) of the Texas Occupations Code; providing legal advice
regarding sufficiency of lease upon tenant failing to occupy, in violation of
§1101.654(a)(2) of the Texas Occupations Code; accepted compensation directly
without going through the sponsoring broker, in violation of §1101.651(b)
of the Texas Occupations Code; and, colluding with another to circumvent provisions
of the License Act, in violation of §1101.652(b)(27) of the Texas Occupations
Code.
Comacho, Steven
Michael
(Corpus Christi); License #570214
Agreed 30-day suspension of salesperson license fully probated for 6 months,
effective May 15, 2009; acting negligently or incompetently in submitting earnest
money to the wrong title company, attempting to secure a FHA loan when the terms
of the sales contract required a conventional loan, and submitting earnest money
after being instructed not to, in violation of §1101.652(b)(1) of the Texas
Occupations Code.
Jernigan,
Modena C.
(Tyler); License #497426
Agreed reprimand of salesperson license, entered May 4, 2009; Agreed administrative
penalty of $500, entered May 4, 2009; failing to disabuse a buyer of the justified
belief that she was acting as an intermediary when she was in fact only representing
the seller in a real estate transaction, constituting acting negligently, failing
to employ prudence and caution so as to avoid misrepresentation, failing to
make clear to all parties to a real estate transaction the party for whom the
license holder is acting, and failing to obtain the parties consent to act as
intermediary or provide the Information About Brokerage Services form, in violation
of §§1101.558(c), 1101.559(a), 1101.652(b)(1) and (7) of the Texas
Occupations Code, and 22 TAC §531.2.
Kavadas, Jennifer
Ann
(North Richland Hills); License #541537
Assessment of an administrative penalty in the amount of $2,500, and order to
cease and desist unlicensed real estate brokerage activity, entered May 4, 2009.
After expiration of her real estate salesperson license, Ms. Kavadas acted,
engaged in, and represented that she was a real estate broker or salesperson
without first holding a license issued by the Texas Real Estate Commission by
acting as an agent for others for a fee in a real estate sales transaction wherein
she represented she was an associate of her former sponsoring broker, in violation
of §1101.351(a) of the Texas Occupations Code.
Guerrero, Sonny
Duane
(Amarillo); License #552952
Agreed 2 month suspension of salesperson license fully probated for 3 years,
effective May 1, 2009; Agreed administrative penalty of $500, entered May 1,
2009; misrepresenting his criminal history on an application, in violation of
§1101.652(a)(2) of the Texas Occupations Code and 22 TAC §535.541(a).
Madrid, Jessie
Todd
(McKinney); License #465816
Agreed 6 month suspension of salesperson license fully probated for 2 years,
effective May 1, 2009; Agreed administrative penalty of $1,000, entered May
1, 2009; conducting unlicensed residential rental locator activity, in violation
of §1101.351(a)(2) of the Texas Occupations Code; and for paying apartment
leasing staff to place his name on tenant leases as the referral source despite
the fact that he neither met nor referred the tenants to the apartment complex,
which constitutes paying a commission or a fee to a person other than a license
holder, engaging in conduct that is dishonest or that demonstrates untrustworthiness,
pursuing a continued and flagrant course of misrepresentative promotion and
misleading advertisement, in violation of §1101.652(b)(2), (6), (11), (23)
of the Texas Occupations Code and 22 TAC §535.154(e).
Bowles, Mark Steven
(Waco); License #451925
Reprimand of broker license, entered May 1, 2009; believing repairs had been
completed and making an honest mistake when representing the status of those
repairs to the parties to the transaction, in violation of §15(a)(6)(W)
of The Texas Real Estate License Act, [§1101.652(b)(1) of the Texas Occupations
Code, effective June 1, 2003].
Smith, Kevin
Allan
(Spring Branch); License #446231
Revocation of broker license, effective May 28, 2009; payment of $50,000 made
by the Texas Real Estate Recovery Trust Account toward satisfaction of a judgment
against Kevin Allan Smith, as provided by §1101.655 of the Texas Occupations
Code
Thoman, Mell
Raymond
(Plano); License #488507
Revocation of salesperson license entered: April 30, 2009; while acting as a
buyer's agent for Arcata Basin Corporation (ABC) or Troy St. Pierre (Pierre)
or unknown investors, Mr. Thoman assisted in the negotiations and sales of about
10 real properties under a scheme that included an executed 1st sales contract
between the seller and ABC or Pierre and/or assigns for a sales price that appeared
to be a value within the range of a comparative market analysis. Prior to the
closing, a 2nd contract was executed between the seller and an investor/buyer
for a sales price that was substantially greater than the 1st sales contract.
Contemporaneous to the 2nd sales contract, the seller was required to sign a
promissory note payable to ABC for the difference in price between the 1st and
2nd sales contracts and this was listed on the HUD closing statement as a debit
to the seller for payoff of an unrecorded lien. Thereafter, most of the 10 properties
were foreclosed by a third party lender within approximately 1 year. Mr. Thoman
attempted to assist ABC and Pierre in another purchase using the same scheme,
however the seller refused to execute the 2nd sales contract and the property
did not close. In this attempt, Mr. Thoman falsely represented that he had used
this scheme to close 30 other real estate transactions and it was reviewed and
approved by TREC. In this matter, Mr. Thoman's conduct was at minimum negligent
and incompetent in violation of §1101.652(b)(1) of the Texas Occupations
Code and his conduct was dishonest or in bad faith or demonstrated untrustworthy
in violation of §1101.652(b)(2) of the Texas Occupations Code and 22 TAC
§535.156(b)&(d). Further, Mr. Thoman pursued a continued and flagrant
course of misrepresentation or made false promises and used advertisements that
tended to create misleading impressions in violation of §§1101.652(b)(6)&(23)
of the Texas Occupations Code. Last, Mr. Thoman established an association and
aided and abetted or conspired with ABC and Pierre, a corporation and person
who was not licensed as a real estate broker but conducted real estate brokerage
assisting in the sale of properties and receiving substantial fees for the services,
in violation of §§1101.652(26) & (27) of the Texas Occupations
Code.
Jefferson,
Bernice E.
(Garland); License #359891
Agreed 3 months suspension of broker licensed fully probated for 1 year effective:
April 27, 2009; Ms. Jefferson while acting as an intermediary in a sales transaction,
failed to obtain the written consent from the buyer to comply with §1101.559
of the Texas Occupations Code and failed to comply with §1101.560 of the
Texas Occupations Code when she used a notice of broker appointing a different
associate to work with each party and thereafter she was the sole associate
broker to work with each party, in violation of §1101.652(b)(33) of the
Texas Occupations Code; in the same transaction, Ms. Jefferson incorrectly filled
out and/or improperly used TREC promulgated forms, in violation of 22 TAC §537.11(b);
and in the same transaction, Ms. Jefferson acted negligently or incompetently
when she advised each party incorrectly that the buyer had the right to terminate
the contract under the option clause and receive the earnest money, in violation
of §1101.652(b)(1) of the Texas Occupations Code.
Cline, Randy
Thomas
(Arlington); License #5314
Agreed reprimand of professional inspector license entered: April 17, 2009;
Agreed administrative penalty of $500 entered: April 17, 2009; Inspector acted
negligently or incompetently, in violation §1102.301 of the Texas Occupations
Code by failing to report evidence of prior repairs to the skylight, a violation
of 22 TAC §535.228(h)(2); by failing to report deficiencies in the roof
covering and sheathing, a violation of 22 TAC §535.228(h)(4); and, by failing
to report as in need of repair interior signs of rust in the dishwasher, a violation
of 22 TAC §535.229(a)(2).
Denson, Joe
Dell
(Cuero); License #235886
Agreed reprimand of broker license entered: April 17, 2009; acting negligently
or incompetently in failing to use proper diligence in the management of the
property, in violation of §1101.652(b)(1) of the Texas Occupations Code;
paying or dividing a commission or fee with a person other than a license holder
by paying and dividing fees for managing property, in violation of §1101.652(b)(11)
of the Texas Occupations Code, and establishing an association by employment
or otherwise with a person other than a license holder if the person is expected
or required to act as a license holder, in violation of §1101.652(b)(26)
of the Texas Occupations Code.
Home Buyers
Resale Warranty Corporation
(Denver, Colorado); License #122
Assessment of administrative penalty of $6,750 entered: April 16, 2009; failing
to timely submit its audited financial statements as part of filing its 2007
annual report, in violation of §1303.202(a) of the Texas Occupations Code
San Antonio
Smith Realty, LLC
(San Antonio); License #512394
Agreed reprimand of broker license entered: April 7, 2009; Agreed administrative
penalty of $1,000 entered: April 7, 2009; failing to supervise a sponsored salesperson
who submitted earnest money to the wrong title company, attempted to secure
a FHA loan when the terms of the sales contract required a conventional loan,
and submitted earnest money after being instructed not to, in violation of §1101.652(b)(1)
of the Texas Occupations Code.
Simmons, Eddie
(San Antonio); License #163229
Agreed reprimand of broker license entered: April 3, 2009; Eddie Simmons acted
negligently and incompetently when he conducted his real estate brokerage through
Resort Properties, Inc. d.b.a. Red Carpet Eddie Simmons Realtors, a business
entity not duly licensed as a real estate broker, and split fees with the unlicensed
entity, in violation of §1101.652(b)(1) of the Texas Occupations Code.
See, Robert Joseph
(Fort Worth); License #434200
Agreed reprimand of broker license entered: April 9, 2009; Robert See paid a
commission of fees to, or divided a commission or fees with, an unlicensed person
(formerly a salesperson until their license expired) for compensation for services
as a real estate agent, in violation of §1101.652(b)(11) of the Texas Occupations
Code; Robert See established an association, by employment or otherwise, with
the same unlicensed person who was expected or required to act as a real estate
licensee, in violation of §1101.652(b)(26) of the Texas Occupations Code.
Couch, Juanita
Lannette
(Dallas); License #392516
Agreed reprimand of broker license, entered March 20, 2009; Ms. Couch acted
negligently and incompetently when she conducted her real estate brokerage through
Couch Realty, Inc., a business entity not duly licensed as a real estate broker,
and split fees with the unlicensed entity, in violation of §1101.652(b)(1)
of Texas Occupations Code.
Alexander,
Titus
(Hutto); License #569961
Agreed reprimand of salesperson license, entered March 18, 2009; procuring or
attempting to procure a license under this chapter for the license holder or
a salesperson by fraud, misrepresentation, or deceit or by making a material
misstatement of fact in an application for a license, in violation of §1101.652(a)(2)
of the Texas Occupations Code
Brownlee, James
Mark
(Sherman); License #5765
Agreed reprimand of professional inspector license, entered March 17, 2009;
Agreed administrative penalty of $500, entered March 17, 2009; Inspector acted
negligently or incompetently, in violation of §1102.301 by failing to report
signs of rust in a dishwasher, in violation of 22 TAC §535.229(a)(2), and
by failing to report screens in need of repair, in violation of 22 TAC §535.228.(e)(6).
Bailey, Tunita
Rena
(Duncanville); License #379054
Agreed revocation of broker license fully probated for 7 months, effective March
16, 2009; Ms. Bailey conducted her real estate brokerage services using business
names without timely notifying the Commission of the names as required under
§535.154(c) of the Rules, in violation of §1101.656 of Texas Occupations
Code; Ms Bailey attempted to act as an intermediary in a real estate sales transaction
and failed to use a contract form required by the Commission under §1101.155
of the Texas Occupations Code when she used a Contract for Deed form, in violation
of §1101.652(a)(8) of Texas Occupations Code; Ms Bailey attempted to act
as an intermediary in a real estate sales transaction and failed to comply with
agency and intermediary requirements as required by the Commission under §§1101.558
and 1101.559 of the Texas Occupations Code, in violation of §1101.652(a)(10)
of the Texas Occupations Code; and Ms. Bailey acted negligently and incompetently
when she conducted her real estate brokerage through Women Investing in Real
Estate, LLC, a business entity not duly licensed as a real estate broker, in
violation of §1101.652(b)(1) of Texas Occupations Code.
Langham, Johanna
M.
(Richmond); License #418487
Revocation of broker license, effective March 6, 2009; inserting into an invoice
a statement that the license holder knows makes the invoice inaccurate in a
material way, in violation of §1101.652(b)(24) of the Texas Occupations
Code
Brown, Ronald
Wayne
(Humble); License #433634
Revocation of broker license, effective March 6, 2009; Mr. Brown acted as a
buyer's agent and promised if the buyers remitted the down payment funds to
him, he would purchase the property and lease it to the buyers. The property
was not purchased and the down payment was not returned, in violation of §1101.652(b)(2)
of the Texas Occupations Code; Mr. Brown failed to timely provide information
and to produce documents requested by the Commission concerning a complaint
against him, in violation of §§1101.652(a)(5)&(6) of the Texas
Occupations Code.
Brown Independent
Contractors, LLC
(Humble); License #580601
Revocation of broker license, effective March 6, 2009; Corporate broker acted
as a buyer's agent through its designated officer and promised if the buyers
remitted the down payment funds to the broker's designated officer, the designated
officer would purchase the property and lease it to the buyers. The property
was not purchased and the down payment was not returned, in violation of §1101.652(b)(2)
of the Texas Occupations Code; Corporate broker failed to timely provide information
and to produce documents requested by the Commission concerning a complaint
against it, in violation of §§1101.652(a)(5)&(6) of the Texas
Occupations Code.
Perez, Luz
Elena
(Dallas); License #480060
Agreed reprimand of salesperson license, entered March 5, 2009; Agreed administrative
penalty of $250, entered March 5, 2009; acting negligently or incompetently
in real estate brokerage activities by failing to provide an Information About
Brokerage Services form, offering false promises as to the benefits of the Section
8 Housing Choice Voucher Program to her principal, and failure to follow up
on her duty to complete and file eviction paperwork in her role as property
manager, in violation of §1101.652(b)(1) and §1101.652(b)(5) of the
Texas Occupations Code
Lennox Alfred
Realtors, Inc.
(Waco); License #487542
Agreed 60-day suspension of broker license, effective February 27, 2009; Agreed
administrative penalty of $2,000, entered February 27, 2009; acting negligently
or incompetently in supervising his agents in completing and retaining contract
forms and following up with principals with issues concerning the agents, in
violation of §1101.652(b)(1) of the Texas Occupations Code, failing to
insure the agent deposited, within a reasonable time, money the license holder
receives as escrow agent in a real estate transaction in trust with a title
company authorized to do business in this state after execution of the contract,
in violation of §1101.652(b)(30) of the Texas Occupations Code
Alfred, Lennox
Jeffrey
(Waco); License #444634
Agreed 60-day suspension of broker license fully probated for 2 years, effective
February 27, 2009; Agreed administrative penalty of $3,000, entered February
27, 2009; acting negligently or incompetently in supervising his agents in completing
and retaining contract forms and following up with principals with issues concerning
the agents in violation of §1101.652(b)(1) of the Texas Occupations Code;
failing to insure the agent deposited, within a reasonable time, money the license
holder receives as escrow agent in a real estate transaction in trust with a
title company authorized to do business in this state after execution of the
contract in violation of §1101.652(b)(30) the Texas Occupations Code
Bradford, Geraldine
(Lufkin); License #436163
Agreed reprimand of broker license, entered February 19, 2009; Agreed administrative
penalty of $250, entered February 19, 2009; failing to obtain the written consent
from each party to act as an intermediary in the transaction and failing to
state the source of any expected compensation to the broker in the consent(s);
and failing to make clear to all parties to a real estate transaction the party
for whom the license holder is acting, in violation of §1101.559(a) of
the Texas Occupations Code
Camacho, Cynthia
Vivar
(El Paso); License #487469
Agreed reprimand of broker license, entered February 11, 2009; Agreed administrative
penalty of $250, entered February 11, 2009; procuring or attempting to procure
a license under this chapter for the license holder or a salesperson by fraud,
misrepresentation, or deceit or by making a material misstatement of fact in
an application for a license by incorrectly responding to a question regarding
a criminal conviction, in violation of §1101.652(a)(2) of the Texas Occupations
Code
| Failing
within a reasonable time to make good a check issued to the Commission,
in violation of §1 101.652(a)(4) of the Texas Occupations Code;
failing to pay a check processing fee within 15 days after the Commission
has mailed a request for payment, in violation of 22 TAC §534.2(a)
|
|||||
| Geier, Aleshia S. (Arlington); License #552873 Revocation of salesperson license, effective March 25, 2009 |
Tong, Nguyen Xuan (Houston); License #510430 Revocation of salesperson license, effective March 25, 2009 |
Peter B. Merritt, LLC (Houston); License #517954 Agreed reprimand of broker license, entered March 20, 2009; Agreed administrative penalty of $750, entered March 20, 2009 |
Peter Bryant Merritt (Houston) License #185826 Agreed reprimand of broker license, entered March 20, 2009 |
Binder, Jessica Anne (Kerrville); License #462726 Agreed reprimand of salesperson license, entered March 5, 2009; Agreed administrative penalty of $500, entered March 5, 2009 |
Hester, Jason Douglas (Lewisville); License #538045 Revocation of salesperson license, effective February 23, 2009 |
| Failing
to complete mandatory continuing education hours and pay the $200 fee
within the 60-day period provided by 22 TAC §535.92(f) |
|||||
| Nowrouzi, Mohammad (Sugar Land); License #554760 Agreed reprimand of salesperson license, entered March 24, 2009; Agreed administrative penalty of $500, entered March 24, 2009 |
Barrionuevo, Martha V. (San Antonio); License #476095 Agreed reprimand of salesperson license, entered March 18, 2009; Agreed administrative penalty of $500, entered March 18, 2009 |
Salazar, Manuel (Houston); License #475691 Agreed revocation of salesperson license fully probated for 18 months, effective March 16, 2009; Agreed administrative penalty of $500, entered March 16, 2009 |
Shea, Ann Rochelle (Fort Worth); License #467595 Revocation of salesperson license effective, March 2, 2009 |
Foreman, John Thomas (El Paso); License #553803 Revocation of salesperson license, effective February 20, 2009 |
Holder, Sheryl Lee (Fort Worth); License #390537 Revocation of salesperson license, effective February 20, 2009 |
| Saenz, Joe Rudy (Austin); License #451795 Agreed revocation of salesperson license fully probated for 18 months, effective February 15, 2009; Agreed administrative penalty of $500, entered February 15, 2009 |
Singh, Indranie (Pasadena); License #518978 Agreed reprimand of salesperson license, entered February 3, 2009; Agreed administrative penalty of $500, entered February 3, 2009 |
Icmat, Tiffany Ryan ((Killeen); License #512003 Revocation of salesperson license, effective February 2, 2009 |
Vallejo, Robert Juan (Dallas); License #553152 Revocation of salesperson license, effective February 2, 2009 |
|
|
| Failing
to pay the $200 fee within the 60-day period provided by 22 TAC §535.92(f) |
|||||
| Nicholson, Leonard Earl (Allen); License #493323 Agreed reprimand of broker license, entered February 20, 2009; Agreed administrative penalty of $500, entered February 20, 2009 |
|||||
|
Failing within a reasonable time to provide
information to the Commission in response to Commission's request for
same in connection with an application for renewal of real estate broker
license |
|||||
| Evans, John Dennis (Port Aransas); License #427576 Revocation of salesperson license, effective March 6, 2009 Revocation of salesperson license, effective March 6, 2009 |
Morales, Jaime Garcia (San Antonio); License #84669 Revocation of broker license, effective February 25, 2009 |
Harvey, Tanya (Spring); License #535717 Revocation of salesperson license, entered May 8, 2009 |
|||
TREC Outstanding Employees
Donna Roberts has been a TREC employee for over 26 years
and is one of the agency’s in-house experts on licensing procedures
and processes. She has been a team leader in the Licensing Services Division
for several years and has recently assumed additional responsibilities concerning
the new fingerprint requirements. Donna is not only fluent with the application
and renewal process but also liaisons effectively with licensees, the DPS
and fingerprint administrator, the FBI, and TREC staff. Donna is always willing
to lend a helping hand.
Patricia Holder is the Executive Assistant for the Administration Department. She has served in the position for almost seventeen years. She is responsible for the TRECAdvisor, and provides desk top publishing for the promulgated contracts, applications and most of the documents published by TREC. She also works closely with the Administrator's, Assistant Administrator's and General Counsel's office providing office support. Pat also serves as one of the liaisons with the Texas Register.
DON’T FORGET: You must still renew your license even if you choose to be inactive.
Got A Question About A Relocation
Company?
Through a link maintained on the TREC web site, licensees may
directly access
The Real Estate Coalition for Cooperative Business Practices
(the Coalition) of the
Employee Relocation Council
by clicking on “The
Interchange” on the Coalition’s website at
http://coalition.erc.org
Licensees may
raise concerns about their dealings with a relocation company and send a message
to the appropriate company for response.
Calendar of Events
Commission
Meetings: August 17, 2009
Broker-Lawyer
Committee Meetings: July 16-17, 2009
Inspector Committee Meetings: None scheduled at this time
Web site: http://www.trec.state.tx.us/
Phone: (800) 250-TREC (8732) or (512) 459-6544
Official publication of the
Texas Real Estate
Commission
Volume 20, Number 3
July 2009
Rick Perry
Governor
Commission Members:
|
John D. Eckstrum, Chairman | |
|
Troy C. Alley, Jr. Vice-Chair ARLINGTON |
Joanne Justice Arlington |
|
Adrian A. Arriaga, Secretary MC ALLEN |
Tom C. Mesa PASADENA |
|
Chris Day JACKSONVILLE |
Dona
Scurry |
|
Jime
Blevins Hensley |
Avis G. Wukasch ROUND ROCK |
Interim TREC Administrator
Loretta DeHay
Desktop Publisher
Patricia
Holder
The TRECAdvisor (ISSN 1047-4579) is published by the Texas Real Estate Commission (TREC) as an educational service to licensees in the state of Texas. The purpose of the newsletter is to promote a better understanding of the Real Estate License Act and to inform all licensees of changes affecting laws and practices in the real estate industry. The TRECAdvisor is funded through legislative appropriations and subscriptions collected from TREC licensees. The official text of TREC rules is filed with the Office of the Secretary of State, Texas Register. TREC encourages reproduction of this newsletter with the appropriate acknowledgments. Subscriptions are available for $4.00 for two years. Single issues are $1.00. To order a subscription or a single issue write to TRECAdvisor, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. For information regarding TREC, contact:
Texas Real Estate Commission
P.O. Box
12188
Austin, Texas 78711-2188
(512) 459-6544 or (800)
250-TREC
http://www.trec.state.tx.us