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VIRGINIA REAL ESTATE BOARD

                               VREB SPEAKING
www.dpor.virginia.gov                                                                                  Summer 2011

  Message from the Chair           eight years on the Board, and      Virginia Real Estate Board
                                   Virginia law prohibited Governor   Perimeter Center, Suite 400
                                   McDonnell from reappointing her to 9960 Mayland Drive
                                   another term.
                                                                           Richmond, VA 23233
                                   The Governor has selected               804-367-8526
                                   Salesperson Anh Tu Do of
                                   Westgate Realty Group, Inc. in          Robert F. McDonnell
                                   Falls Church to serve on the Board.     Governor
                                   I welcome Ms. Do to the Board and
                                   am confident she will serve well the    James S. Cheng
                                   citizens of the Commonwealth.           Secretary, Commerce & Trade
                                   I trust you will find the information
                                   in this newsletter helpful. The
                                   articles on pages 3 and 9 describe            INSIDE THIS ISSUE
                                   new real estate laws, most notably
                                   HB 1907, that went into effect on
                                   July 1, 2011.
                                                                                                               PAGE
                                  The article on page 4 encourages
     Clifford L. Wells            licensees who perform short sale         Board Members & Staff                     2
This is my first message to       transactions to make sure they
                                                                           Board Contact Information                 2
Virginia real estate licensees as have received the appropriate
the newly elected Board Chair, education. Short sales can be               2011 Real Estate Law Changes              3
and it is a privilege for me to   tricky and it behooves licensees to
serve in this position. I will    seek proper training.
                                                                           Short Sales Education & Training          4
uphold the Board’s laws and       The Board’s disciplinary actions
regulations to protect the        from its May and July meetings are
                                                                           Recent Disciplinary Actions           5-8
Commonwealth’s citizens from listed on pages 5 through 8.
licensees who fail to follow      Details for these disciplinary
these rules.                      actions can be accessed through          Details of HB 1907                        9

Congratulations to Judy           “License Lookup” on the DPOR
Childress who was elected         website at: www.dpor.virginia.gov.       Fair Housing Cases                        9
Board Vice Chair! Judy and I       The Board’s Fair Housing actions
look forward to working with the   from its May and July meetings are
Board and its exceptional
professional staff on a variety
                                   listed on page 9.                       2011 Meeting Dates
of opportunities and challenges    Please contact the Board staff or
                                   me at 804-367-8526 or
as we navigate through these
                                   REBoard@dpor.virginia.gov with             September 21, 2011
difficult economic times.
                                   your ideas and concerns about              November 17, 2011
Byrl Taylor provided               real estate in Virginia.
exceptional leadership during
                                   Sincerely,                              All meetings are held on the Second
her tenure as Board Chair, and
                                                                           Floor of the Perimeter Center at the
we will work hard to continue
                                   Cliff Wells, Chairman                              above address.
her good work. Byrl served
Page 2                            VREB SPEAKING                      www.dpor.virginia.gov


         BOARD MEMBERS                                 DPOR Staff
Clifford L. Wells, Chairman               Gordon Dixon, Director
Virginia Beach                            Mark Courtney, Deputy Director
Licensee Member                            Licensing & Regulation Division
Four-year term ends on 6/30/13
                                          Nick Christner, Deputy Director
Judith L. Childress, Vice Chair             Compliance & Investigations Division
Martinsville                              Steven Arthur, Deputy Director
Licensee Member                             Administration & Finance Division
Four-year term ends on 6/30/12            Lizbeth Hayes, Director
                                            Fair Housing Office
Nathaniel Brown
Charlottesville
Citizen Member
Four-year term ends on 6/30/12

Carol F. Clarke
Charlottesville
Licensee Member
Four-year term ends on 6/30/12

Anh Tu Do
Annandale
Licensee Member
Four-year term ends on 6/30/15
                                                  Real Estate Board Staff
Sandra Ferebee
Norfolk                                   Christine Martine
Licensee Member                           Executive Director
Four-year term ends on 6/30/14            Kevin Hoeft
                                          Education Administrator
Joseph Funkhouser, II
Harrisonburg                              Emily Trent
Licensee Member                           Administrative Assistant
Four-year term ends on 6/30/14
                                            Board Contact Information
Sharon Parker Johnson
South Hill                                Executive Director - 804-367-8552
Licensee Member                           Licensing Section - 804-367-8526
Four-year term ends on 6/30/12            Education Section - 804-367-2406
                                          Fax Number - 866-350-7849
Jorge G. Lozano                           E-mail - REBoard@dpor.virginia.gov
Annandale                                 Internet - www.dpor.virginia.gov
Citizen Member                            DPOR Main Number - 804-367-8500
Four-year term ends on 6/30/14            Complaints Section - 804-367-8504
Page 3                                     VREB SPEAKING                       www.dpor.virginia.gov


           2011 General Assembly Update
   New Laws Affecting the Virginia Real Estate Board
The 2011 General Assembly Session adjourned on
February 27th after considering 2,692 bills and
resolutions. Of the more than 50 proposals tracked
by DPOR’s legislative team this year, several bills
affected the Real Estate Board and its licensees.

Below are descriptions of the Board-related bills
enacted by the legislature and signed by the
governor. To view the full text of the new laws, visit
the Legislative Information System online at http://
lis.virginia.gov and search by bill number.

HB 1907 is a comprehensive bill requested by the Virginia Association of REALTORS®. The
new law makes numerous changes to the statutes governing real estate agency, including (i)
defining the terms for property management agreements and brokerage agreements, and
setting out required provisions in such agreements; (ii) revising the dual representation
provisions and disclosures for real estate licensees; and (iii) revising the designated dual
representation provisions and disclosures for real estate licensees. The amendments also
allow all required documents and records to be maintained by real estate licensees to be kept
in electronic form.

In addition, HB 1907 revises the mandatory disclosures under the Virginia Residential
Property Disclosure Act, moving certain disclaimers to a website maintained by the Real
Estate Board. The intent of the amendment is to eliminate the risk of real estate licensees and
others relying on outdated disclosure forms.

Due to the comprehensive nature and substantive changes of the bill, it requires the Real
Estate Board to approve a continuing education program of at least three hours on the specific
changes in the new law. As of July 1, 2012, completion of continuing education on the HB
1907 provisions will be a prerequisite for renewal or reinstatement of an active broker or
salesperson license.

HB 1610 and SB 942 are companion bills recommended by the Housing Commission to
address the issue of defective imported “Chinese” drywall. The new law requires real estate
licensees to disclose the existence of defective drywall to the prospective buyer.

HB 2099 amends the law governing termination of real estate contracts. The amendment will
allow different delivery methods for a purchaser to provide the required written notice for
termination, including electronic means and overnight delivery.

HB 1862 and SB 1361 are companion bills requested by Governor McDonnell as part of his
military/veterans legislative agenda. Although not specific to the Real Estate Board, this new
law grants all DPOR regulatory boards the authority to extend the expiration of certain licenses
held by spouses of active-duty military personnel, when the spouse accompanies the service
member for overseas deployment.
Page 4                                   VREB SPEAKING                         www.dpor.virginia.gov


  Short Sales - Education & Training Required
               By Clifford L. Wells, Board Chairman
Some real estate professionals thought the      writing by the parties to the transaction in
“short sale market” was just a passing          accordance with the Board’s Regulations.
phenomenon. Unfortunately, due to the
                                                Second, the seller should be informed of the
uncertain real estate market, short sales
                                                possibility of a deficiency judgment on the
have become a large part of many firms’         subject property. The client deserves to
business.
                                                know before closing that he may be held
                            Consequently,       responsible for the unpaid judgment.
                            real estate         Third, a licensee should not advise a seller
                            licensees who
                                                to not make mortgage payments in order to
                            perform short
                                                qualify for a short sale.
                            sales should
                            seek additional     Fourth, the buyer should be made aware
                            training in these   their settlement could be delayed or that the
                            types of            bank could proceed to foreclosure and the
                            transactions.       closing not occur at all if the transaction’s
                            The Board has       circumstances dictate this. If this is the
                            approved            case, the licensee should take steps to
                            dozens of           insure if closing does not occur that the
                            continuing          buyer’s earnest money is returned in a
education and post-license education            timely manner.
courses related to short sales and              Fifth, a licensee should not advise a client to
information on these courses can be             market a property at a price that the
accessed on the Board’s website.                licensee knows is unacceptable to the bank
Training in short sales transactions may        in an effort to establish a price that the bank
help licensees to avoid some of the             will accept.
following problems that could put them in       Sixth, a licensee should not represent
harm’s way.                                     himself as a “Distressed Property Expert” or
The first and most dangerous problem            a “Short Sale Expert” or a “Short Sale
concerns escrow. When buyer and seller          Negotiator” without receiving the required
ratify a contract, the consummation of the      certification and/or training for these
transaction often hinges on a number of         designations. This could be interpreted as
contingencies, such as the appraisal, loan      misrepresentation.
approval, home inspection and termite           Finally, there is the issue of multiple offers.
report. The third-party approval of a short     Remember, all offers must be presented to
sale is simply another contingency in the       the seller.
contract and must be viewed as such.
Therefore, an earnest money deposit             These are a few of the pitfalls that could
received as part of a short sale transaction    result from a lack of training on conducting
with third-party approval must be placed in     short sales. Licensees who perform or
the firm’s escrow account by the end of the     intend to perform such transactions should
fifth business banking day following            complete adequate training prior to offering
ratification, unless otherwise agreed to in     their services to the public.
Page 5                                         VREB SPEAKING                             www.dpor.virginia.gov




                             DISCIPLINARY ACTIONS
The Real Estate Board (the Board) licenses or certifies real estate salespersons, brokers, firms,
proprietary schools and pre-license instructors. If a complaint is filed against a licensee who is subject
to the laws and regulations of the Board, the complaint is reviewed by the Compliance and
Investigations Division (CID) of DPOR to determine if a violation of these laws or regulations may have
occurred. If there is probable cause of a violation, an investigation is initiated. If the investigation
reveals that one or more violations may have occurred, the licensee receives notice to appear at an
informal fact-finding conference (IFF) to address these alleged violations.
In some cases the licensee may be offered a pre-IFF Consent Order. A Consent Order is an agreement
between the licensee and the Board consisting of specific violations and sanctions. Pre-IFF Consent
Orders eliminate the time and expense associated with conducting an IFF.
If an IFF is held, a recommendation from the IFF hearing officer consisting of proposed violations and
sanctions is submitted to the Board for consideration at its next meeting. The Board can take the
following disciplinary actions against a licensee: assess a monetary penalty; suspend or revoke a
license; place an individual on probation; require additional education; or deny renewal. A licensee can
continue to practice throughout the disciplinary process until the Board either revokes or suspends his
license.
THE FOLLOWING DISCIPLINARY ACTIONS RENDERED BY THE BOARD AT ITS MAY and JULY
2011 MEETINGS CAN BE VIEWED AT: www.dpor.virginia.gov. Click on “License Lookup.”
Then click on “Search Disciplinary Actions Occurring since April 1, 2002.” Then enter the Case
Number in the blank “Search” box. Then click on the “Search” button. Then click on the
highlighted “File Number.” The Order and Report of Findings for that case will appear.

Case Number     Licensee                  Violations & Sanctions

2010-04082      James E. Dolan, Sr.       18 VAC 135-20-190 - Advertising by Licensees (3 counts)
                Nathalie, VA              18 VAC 135-20-260 - Unworthiness & Incompetence
                                          18 VAC 135-20-300 - Misrepresentation/Omission (4 counts)
                                          $5250 Monetary Penalty, $150 Board Costs, 8 hours Continuing
                                          Education, Three-year License Probation with Quarterly Reporting to
                                          the Board

2011-02143      Dorothy F. Ritchie        18 VAC 135-20-260 - Unworthiness & Incompetence
                Harrisonburg, VA          $1000 Monetary Penalty, $150 Board Costs, License Revocation

2011-02865      Karen D. Newins           18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
                Chesapeake, VA            18 VAC 135-20-300 - Misrepresentation/Omission
                                          $1100 Monetary Penalty, $150 Board Costs, 4 hours Continuing
                                          Education

2011-02627      Ahmad A. Ashkar           18 VAC 135-20-170 - Maintenance of License
                Dunn Loring, VA           18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
                                          $1100 Monetary Penalty, $150 Board Costs

2011-02667      Debra D. Kraehmer         18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
                Virginia Beach, VA        $500 Monetary Penalty, $150 Board Costs, 3 hours Continuing
                                          Education

2011-01938      Sherry L. Albertson       18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
                Norfolk, VA               $500 Monetary Penalty, $150 Board Costs
Page 6                                       VREB SPEAKING                             www.dpor.virginia.gov




                   DISCIPLINARY ACTIONS (Cont.)

Case Number   Licensee                  Violations & Sanctions

2011-02605    Kwan S. Chung             18 VAC 135-20-210 - Disclosure of Interest
              Springfield, VA           18 VAC 135-20-260 - Unworthiness & Incompetence
                                        $1250 Monetary Penalty, $150 Board Costs, 4 hours Continuing
                                        Education, One-year License Probation with Quarterly Reporting to
                                        the Board

2011-02858    Patricia A. Mele          18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Clifton, VA               18 VAC 135-20-310 - Delivery of Instruments
                                        $1000 Monetary Penalty, $150 Board Costs

2011-03041    Lewis K. Jamison          18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Danville, VA              $500 Monetary Penalty, $150 Board Costs, 3 hours Continuing
                                        Education

2011-02894    Sarah W. Welch            18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Blairs, VA                18 VAC 135-20-220 - Disclosure of Brokerage Relationships
                                        $1000 Monetary Penalty, $150 Board Costs, 3 hours Continuing
                                        Education

2011-03076    Julia H. Hughes           18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Danville, VA              18 VAC 135-20-210 - Disclosure of Interest
                                        18 VAC 135-20-300 - Misrepresentation/Omission
                                        $1000 Monetary Penalty, $150 Board Costs, 3 hours Continuing
                                        Education

2011-01694    Timothy D. Baggett        18 VAC 135-20-260 - Unworthiness & Incompetence
              Yorktown, VA              $150 Board Costs, Three-year License Probation with Quarterly
                                        Reporting to the Board

2011-02004    Mark A. Stock             18 VAC 135-20-260 - Unworthiness & Incompetence
              Leesburg, VA              18 VAC 135-20-300 - Misrepresentation/Omission
                                        18 VAC 135-20-310 - Delivery of Instruments
                                        $3150 Monetary Penalty, 6 hours Continuing Education

2011-02012    Robert B. Wilton, III     18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts)
              Richmond, VA              $150 Board Costs, License Revocation

2011-03065    Marjorie R. Dick Stuart   18 VAC 135-20-260 - Unworthiness & Incompetence
              Washington, DC            $350 Monetary Penalty, $150 Board Costs

2011-03114    Rodney E. Bowden          18 VAC 135-20-310 - Delivery of Instruments
              Ashland, VA               $150 Board Costs, 4 hours Continuing Education

2011-02830    Anita L. Cox              18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Hampton, VA               $500 Monetary Penalty, $150 Board Costs, 3 hours Continuing
                                        Education
Page 7                                      VREB SPEAKING                            www.dpor.virginia.gov




                   DISCIPLINARY ACTIONS (Cont.)

Case Number   Licensee                 Violations & Sanctions

2011-02896    Douglas J. Shelton       18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Danville, VA             $500 Monetary Penalty, $150 Board Costs, 3 hours Continuing
                                       Education

2011-02411    Kathleen M. Carmichael   §54.1-2131.A.4 - Failure to Exercise Ordinary Care
              Mechanicsville, VA       18 VAC 135-20-190 - Advertising by Licensees
                                       $1300 Monetary Penalty, $150 Board Costs, 5 hours Continuing
                                       Education, One-year License Probation with Semi-annual Reporting to
                                       the Board

2011-01795    Joyce M. Gaines          18-VAC-135-20-240 - Provision of Records to the Board
              Woodbridge, VA           18-VAC-135-20-250 - Response to inquiry to the Board
                                       18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts)
                                       18 VAC 135-20-280 - Improper Brokerage Commission
                                       $9500 Monetary Penalty, License Revocation

2010-03648    Anthony J. Albanese      18-VAC-135-20-240 - Provision of Records to the Board
              Penhook, VA              18 VAC 135-20-260 - Unworthiness & Incompetence (3 counts)
                                       18 VAC 135-20-300 - Misrepresentation/Omission
                                       $4500 Monetary Penalty, License Probation, 60-hour Salesperson
                                       Pre-license Education Course, License Revocation

2011-02509    Edwin L. Soto            18 VAC 135-20-260 - Unworthiness & Incompetence
              Arlington, VA            License Probation, 60-hour Salesperson Pre-license Education
                                       Course, License Revocation

2011-00666    Pamela Overbey           18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Richmond, VA             18 VAC 135-20-260 - Unworthiness & Incompetence
                                       18 VAC 135-20-300 - Misrepresentation/Omission
                                       $2000 Monetary Penalty, License Probation until completes 24 hours
                                       of Continuing Education, One-year License Probation with Quarterly
                                       Reporting to the Board

2011-02714    Kevin H. Turner          18 VAC 135-20-160 - Place of Business (2 counts)
              Bedford, VA              18 VAC 135-20-300 - Misrepresentation/Omission
                                       $2100 Monetary Penalty, $150 Board Costs, 4 hours Continuing
                                       Education

2011-02547    Shirley A. Langridge     18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts)
              Dickson City, PA         $150 Board Costs, License Surrender

2011-00765    Deborah A. Riston        18 VAC 135-20-300 - Misrepresentation/Omission
              Colonial Beach, VA       $1000 Monetary Penalty, $150 Board Costs, 3 hours Continuing
                                       Education

2011-04060    James S. Strum, Jr.      18 VAC 135-20-260 - Unworthiness & Incompetence
              Richmond, VA             $150 Board Costs, Agreement for Licensure requiring Quarterly
                                       Reporting to the Board
Page 8                                     VREB SPEAKING                             www.dpor.virginia.gov




                   DISCIPLINARY ACTIONS (Cont.)

Case Number   Licensee                Violations & Sanctions


2011-01799    Patrice M. Muya         18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Fairfax, VA             18 VAC 135-20-310 - Delivery of Instruments
                                      $1500 Monetary Penalty, License Probation until completes 16 hours
                                      Continuing Education, One-year License Probation with Quarterly
                                      Reporting to the Board

2011-00708    Alma E. Preciado        18 VAC 135-20-260 - Unworthiness & Incompetence
              Clarksburg, MD          $2500 Monetary Penalty, License Revocation

2011-03566    Roberta L. Johnson      18 VAC 135-20-260 - Unworthiness & Incompetence (3 counts)
              Matoaca, VA             License Suspension until completes 60-hour Salesperson Pre-license
                                      Education Course, Three-year License Probation with Quarterly
                                      Reporting to the Board after License Suspension

2011-03531    Monica J. Lambert       18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts)
              Bristow, VA             $150 Board Costs, License Revocation

2011-02960    Carol N. Leggett        18 VAC 135-20-270 - Conflict of Interest
              Moneta, VA              $750 Monetary Penalty, $150 Board Costs

2011-03013    Terrance S. Williams    18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Aldie, VA               $500 Monetary Penalty, $150 Board Costs, 3 hours Continuing
                                      Education

2007-01647    Gary S. Youngling       §54.1-2131.A.4 - Failure to Exercise Ordinary Care
              Dunnsville, VA          18 VAC 135-20-260 - Unworthiness & Incompetence
                                      18 VAC 135-20-300 - Misrepresentation/Omission
                                      18 VAC 135-20-310 - Delivery of Instruments
                                      $1350 Monetary Penalty, License Probation until completes 8 hours
                                      of Continuing Education, One- year License Probation with Quarterly
                                      Reporting to the Board

2011-03066    Augusto Arostegui       18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts)
              Vienna, VA              $450 Monetary Penalty, $150 Board Costs, 4 hours Continuing
                                      Education

2011-02643    Lourdes Ortiz-Bonilla   § 54.1-2112 et seq - Virginia Real Estate Transaction Recovery Act
              Stafford, VA            Claim approved for $20,000.00, License Revocation

2011-02031    Terri F. Davidson       § 54.1-2112 et seq - Virginia Real Estate Transaction Recovery Act
              Portsmouth, VA          Claim approved for $14,370.00, License Revocation

2010-00959    Helen Akins             § 54.1-2112 et seq - Virginia Real Estate Transaction Recovery Act
              McLean, VA              Claim approved for $20,000, License Revocation
Page 9                                           VREB SPEAKING                                 www.dpor.virginia.gov


    Effects of HB 1907 on Real Estate Licensees
The passage of HB 1907 by the 2011 General Assembly amended several real estate laws in the Code of
Virginia, and these amendments went into effect on July 1, 2011. HB 1907 can be viewed at: http://
leg1.state.va.us/cgi-bin/legp504.exe?111+ful+CHAP0461 The changes to the current real estate laws in the
Code of Virginia brought about by HB 1907 can be tracked at: http://leg1.state.va.us/cgi-bin/legp504.exe?
000+cod+TOC54010000021000000000000
The article on page 3 of this newsletter describes briefly how HB 1907 will make significant changes to the
statutes governing real estate agency, and that all active licensees who renew their licenses on or after July
1, 2012, will need to complete a special one-time three-hour continuing education course in standard
residential agency to become knowledgeable of these changes. The Board will begin to consider and
approve three-hour residential standard agency course applications from approved education providers at its
September 21, 2011, meeting. Licensees who submit a notarized affidavit to the Board certifying that they
will not practice residential real estate during the two-year licensing term will not have to complete this
course.
HB 1907 also affects real estate licensees in a number of other ways. First, the three practice tracks have
been removed from the Board’s 30-hour post license education (PLE) curriculum for new salesperson
licensees. However, the three practice track format will remain in place until the Board makes specific
changes to the PLE curriculum. The Board’s Advisory Council will meet this summer and fall to discuss how
to change the PLE curriculum.
Second, the Board has been given the authority to adjust the required continuing education (CE) hours and
course subjects for licensees by September 1 of each year to include topics that the Board deems to be
essential for the next license renewal period. The Board does not have to adjust the CE hours, but it now has
the option to do so.
Third, the mandatory disclosures under the Virginia Residential Property Disclosure Act have been amended,
and the Real Estate Board is now required to maintain these disclosures on its website at: http://
www.dpor.virginia.gov/dporweb/reb_consumer.cfm


                                          Fair Housing Cases
                         The Fair Housing Board administers and enforces the Virginia Fair Housing Law,
                         although the Real Estate Board is responsible for fair housing cases involving real estate
                         licensees or their employees. Each board investigates housing discrimination through
                         the Virginia Fair Housing Office at DPOR. All fair housing cases must attempt
                         conciliation – an alternative dispute resolution approach using informal negotiation.
                         Successful conciliation agreements are public unless both parties request and agree to a
                         confidentiality clause. If conciliation is unsuccessful in resolving the complaint, the Board
                         determines if reasonable cause exists to support a charge of discrimination. In cases
                         where the Board determines reasonable cause and issues a charge of discrimination,
                         the Attorney General’s Office brings civil suit in circuit court seeking relief for the
                         complainant. The following fair housing actions were rendered by the Board at its May
                         and July 2011 meetings:
Case Number      Case Name                                             Action
2011-00067       Agustin Vega v. W.H.H. Trice & Co., Mary Digges,      Conciliation Agreement
                 Chastity Corbin, Cathleen McCartney & Elaine V. Thomas
2011-03032       Heather Foster v. Philip W. Wyne Trustee                   Conciliation Agreement
2010-01237       Lisa Mullins v. Leigh Burnley, Barbara Blackburn &         Conciliation Agreement
                 Keller Williams Realty North Stafford
2010-04087       Holly Burdell and Larry Barfield v. Cindy Hornsby,         Discrimination by refusing to rent or
                 The Hornsby Homefront, LLC and Calebs Realty               otherwise making a dwelling unavailable
                                                                            based on familial status.
                                                                            Discrimination by making and/or causing
                                                                            to be made a discriminatory statement
                                                                            that expresses a preference of limitation
                                                                            based on familial status.

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Virginia Real Estate Board Summer 2011 Newsletter

  • 1. VIRGINIA REAL ESTATE BOARD VREB SPEAKING www.dpor.virginia.gov Summer 2011 Message from the Chair eight years on the Board, and Virginia Real Estate Board Virginia law prohibited Governor Perimeter Center, Suite 400 McDonnell from reappointing her to 9960 Mayland Drive another term. Richmond, VA 23233 The Governor has selected 804-367-8526 Salesperson Anh Tu Do of Westgate Realty Group, Inc. in Robert F. McDonnell Falls Church to serve on the Board. Governor I welcome Ms. Do to the Board and am confident she will serve well the James S. Cheng citizens of the Commonwealth. Secretary, Commerce & Trade I trust you will find the information in this newsletter helpful. The articles on pages 3 and 9 describe INSIDE THIS ISSUE new real estate laws, most notably HB 1907, that went into effect on July 1, 2011. PAGE The article on page 4 encourages Clifford L. Wells licensees who perform short sale Board Members & Staff 2 This is my first message to transactions to make sure they Board Contact Information 2 Virginia real estate licensees as have received the appropriate the newly elected Board Chair, education. Short sales can be 2011 Real Estate Law Changes 3 and it is a privilege for me to tricky and it behooves licensees to serve in this position. I will seek proper training. Short Sales Education & Training 4 uphold the Board’s laws and The Board’s disciplinary actions regulations to protect the from its May and July meetings are Recent Disciplinary Actions 5-8 Commonwealth’s citizens from listed on pages 5 through 8. licensees who fail to follow Details for these disciplinary these rules. actions can be accessed through Details of HB 1907 9 Congratulations to Judy “License Lookup” on the DPOR Childress who was elected website at: www.dpor.virginia.gov. Fair Housing Cases 9 Board Vice Chair! Judy and I The Board’s Fair Housing actions look forward to working with the from its May and July meetings are Board and its exceptional professional staff on a variety listed on page 9. 2011 Meeting Dates of opportunities and challenges Please contact the Board staff or me at 804-367-8526 or as we navigate through these REBoard@dpor.virginia.gov with September 21, 2011 difficult economic times. your ideas and concerns about November 17, 2011 Byrl Taylor provided real estate in Virginia. exceptional leadership during Sincerely, All meetings are held on the Second her tenure as Board Chair, and Floor of the Perimeter Center at the we will work hard to continue Cliff Wells, Chairman above address. her good work. Byrl served
  • 2. Page 2 VREB SPEAKING www.dpor.virginia.gov BOARD MEMBERS DPOR Staff Clifford L. Wells, Chairman Gordon Dixon, Director Virginia Beach Mark Courtney, Deputy Director Licensee Member Licensing & Regulation Division Four-year term ends on 6/30/13 Nick Christner, Deputy Director Judith L. Childress, Vice Chair Compliance & Investigations Division Martinsville Steven Arthur, Deputy Director Licensee Member Administration & Finance Division Four-year term ends on 6/30/12 Lizbeth Hayes, Director Fair Housing Office Nathaniel Brown Charlottesville Citizen Member Four-year term ends on 6/30/12 Carol F. Clarke Charlottesville Licensee Member Four-year term ends on 6/30/12 Anh Tu Do Annandale Licensee Member Four-year term ends on 6/30/15 Real Estate Board Staff Sandra Ferebee Norfolk Christine Martine Licensee Member Executive Director Four-year term ends on 6/30/14 Kevin Hoeft Education Administrator Joseph Funkhouser, II Harrisonburg Emily Trent Licensee Member Administrative Assistant Four-year term ends on 6/30/14 Board Contact Information Sharon Parker Johnson South Hill Executive Director - 804-367-8552 Licensee Member Licensing Section - 804-367-8526 Four-year term ends on 6/30/12 Education Section - 804-367-2406 Fax Number - 866-350-7849 Jorge G. Lozano E-mail - REBoard@dpor.virginia.gov Annandale Internet - www.dpor.virginia.gov Citizen Member DPOR Main Number - 804-367-8500 Four-year term ends on 6/30/14 Complaints Section - 804-367-8504
  • 3. Page 3 VREB SPEAKING www.dpor.virginia.gov 2011 General Assembly Update New Laws Affecting the Virginia Real Estate Board The 2011 General Assembly Session adjourned on February 27th after considering 2,692 bills and resolutions. Of the more than 50 proposals tracked by DPOR’s legislative team this year, several bills affected the Real Estate Board and its licensees. Below are descriptions of the Board-related bills enacted by the legislature and signed by the governor. To view the full text of the new laws, visit the Legislative Information System online at http:// lis.virginia.gov and search by bill number. HB 1907 is a comprehensive bill requested by the Virginia Association of REALTORS®. The new law makes numerous changes to the statutes governing real estate agency, including (i) defining the terms for property management agreements and brokerage agreements, and setting out required provisions in such agreements; (ii) revising the dual representation provisions and disclosures for real estate licensees; and (iii) revising the designated dual representation provisions and disclosures for real estate licensees. The amendments also allow all required documents and records to be maintained by real estate licensees to be kept in electronic form. In addition, HB 1907 revises the mandatory disclosures under the Virginia Residential Property Disclosure Act, moving certain disclaimers to a website maintained by the Real Estate Board. The intent of the amendment is to eliminate the risk of real estate licensees and others relying on outdated disclosure forms. Due to the comprehensive nature and substantive changes of the bill, it requires the Real Estate Board to approve a continuing education program of at least three hours on the specific changes in the new law. As of July 1, 2012, completion of continuing education on the HB 1907 provisions will be a prerequisite for renewal or reinstatement of an active broker or salesperson license. HB 1610 and SB 942 are companion bills recommended by the Housing Commission to address the issue of defective imported “Chinese” drywall. The new law requires real estate licensees to disclose the existence of defective drywall to the prospective buyer. HB 2099 amends the law governing termination of real estate contracts. The amendment will allow different delivery methods for a purchaser to provide the required written notice for termination, including electronic means and overnight delivery. HB 1862 and SB 1361 are companion bills requested by Governor McDonnell as part of his military/veterans legislative agenda. Although not specific to the Real Estate Board, this new law grants all DPOR regulatory boards the authority to extend the expiration of certain licenses held by spouses of active-duty military personnel, when the spouse accompanies the service member for overseas deployment.
  • 4. Page 4 VREB SPEAKING www.dpor.virginia.gov Short Sales - Education & Training Required By Clifford L. Wells, Board Chairman Some real estate professionals thought the writing by the parties to the transaction in “short sale market” was just a passing accordance with the Board’s Regulations. phenomenon. Unfortunately, due to the Second, the seller should be informed of the uncertain real estate market, short sales possibility of a deficiency judgment on the have become a large part of many firms’ subject property. The client deserves to business. know before closing that he may be held Consequently, responsible for the unpaid judgment. real estate Third, a licensee should not advise a seller licensees who to not make mortgage payments in order to perform short qualify for a short sale. sales should seek additional Fourth, the buyer should be made aware training in these their settlement could be delayed or that the types of bank could proceed to foreclosure and the transactions. closing not occur at all if the transaction’s The Board has circumstances dictate this. If this is the approved case, the licensee should take steps to dozens of insure if closing does not occur that the continuing buyer’s earnest money is returned in a education and post-license education timely manner. courses related to short sales and Fifth, a licensee should not advise a client to information on these courses can be market a property at a price that the accessed on the Board’s website. licensee knows is unacceptable to the bank Training in short sales transactions may in an effort to establish a price that the bank help licensees to avoid some of the will accept. following problems that could put them in Sixth, a licensee should not represent harm’s way. himself as a “Distressed Property Expert” or The first and most dangerous problem a “Short Sale Expert” or a “Short Sale concerns escrow. When buyer and seller Negotiator” without receiving the required ratify a contract, the consummation of the certification and/or training for these transaction often hinges on a number of designations. This could be interpreted as contingencies, such as the appraisal, loan misrepresentation. approval, home inspection and termite Finally, there is the issue of multiple offers. report. The third-party approval of a short Remember, all offers must be presented to sale is simply another contingency in the the seller. contract and must be viewed as such. Therefore, an earnest money deposit These are a few of the pitfalls that could received as part of a short sale transaction result from a lack of training on conducting with third-party approval must be placed in short sales. Licensees who perform or the firm’s escrow account by the end of the intend to perform such transactions should fifth business banking day following complete adequate training prior to offering ratification, unless otherwise agreed to in their services to the public.
  • 5. Page 5 VREB SPEAKING www.dpor.virginia.gov DISCIPLINARY ACTIONS The Real Estate Board (the Board) licenses or certifies real estate salespersons, brokers, firms, proprietary schools and pre-license instructors. If a complaint is filed against a licensee who is subject to the laws and regulations of the Board, the complaint is reviewed by the Compliance and Investigations Division (CID) of DPOR to determine if a violation of these laws or regulations may have occurred. If there is probable cause of a violation, an investigation is initiated. If the investigation reveals that one or more violations may have occurred, the licensee receives notice to appear at an informal fact-finding conference (IFF) to address these alleged violations. In some cases the licensee may be offered a pre-IFF Consent Order. A Consent Order is an agreement between the licensee and the Board consisting of specific violations and sanctions. Pre-IFF Consent Orders eliminate the time and expense associated with conducting an IFF. If an IFF is held, a recommendation from the IFF hearing officer consisting of proposed violations and sanctions is submitted to the Board for consideration at its next meeting. The Board can take the following disciplinary actions against a licensee: assess a monetary penalty; suspend or revoke a license; place an individual on probation; require additional education; or deny renewal. A licensee can continue to practice throughout the disciplinary process until the Board either revokes or suspends his license. THE FOLLOWING DISCIPLINARY ACTIONS RENDERED BY THE BOARD AT ITS MAY and JULY 2011 MEETINGS CAN BE VIEWED AT: www.dpor.virginia.gov. Click on “License Lookup.” Then click on “Search Disciplinary Actions Occurring since April 1, 2002.” Then enter the Case Number in the blank “Search” box. Then click on the “Search” button. Then click on the highlighted “File Number.” The Order and Report of Findings for that case will appear. Case Number Licensee Violations & Sanctions 2010-04082 James E. Dolan, Sr. 18 VAC 135-20-190 - Advertising by Licensees (3 counts) Nathalie, VA 18 VAC 135-20-260 - Unworthiness & Incompetence 18 VAC 135-20-300 - Misrepresentation/Omission (4 counts) $5250 Monetary Penalty, $150 Board Costs, 8 hours Continuing Education, Three-year License Probation with Quarterly Reporting to the Board 2011-02143 Dorothy F. Ritchie 18 VAC 135-20-260 - Unworthiness & Incompetence Harrisonburg, VA $1000 Monetary Penalty, $150 Board Costs, License Revocation 2011-02865 Karen D. Newins 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Chesapeake, VA 18 VAC 135-20-300 - Misrepresentation/Omission $1100 Monetary Penalty, $150 Board Costs, 4 hours Continuing Education 2011-02627 Ahmad A. Ashkar 18 VAC 135-20-170 - Maintenance of License Dunn Loring, VA 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts $1100 Monetary Penalty, $150 Board Costs 2011-02667 Debra D. Kraehmer 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Virginia Beach, VA $500 Monetary Penalty, $150 Board Costs, 3 hours Continuing Education 2011-01938 Sherry L. Albertson 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Norfolk, VA $500 Monetary Penalty, $150 Board Costs
  • 6. Page 6 VREB SPEAKING www.dpor.virginia.gov DISCIPLINARY ACTIONS (Cont.) Case Number Licensee Violations & Sanctions 2011-02605 Kwan S. Chung 18 VAC 135-20-210 - Disclosure of Interest Springfield, VA 18 VAC 135-20-260 - Unworthiness & Incompetence $1250 Monetary Penalty, $150 Board Costs, 4 hours Continuing Education, One-year License Probation with Quarterly Reporting to the Board 2011-02858 Patricia A. Mele 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Clifton, VA 18 VAC 135-20-310 - Delivery of Instruments $1000 Monetary Penalty, $150 Board Costs 2011-03041 Lewis K. Jamison 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Danville, VA $500 Monetary Penalty, $150 Board Costs, 3 hours Continuing Education 2011-02894 Sarah W. Welch 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Blairs, VA 18 VAC 135-20-220 - Disclosure of Brokerage Relationships $1000 Monetary Penalty, $150 Board Costs, 3 hours Continuing Education 2011-03076 Julia H. Hughes 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Danville, VA 18 VAC 135-20-210 - Disclosure of Interest 18 VAC 135-20-300 - Misrepresentation/Omission $1000 Monetary Penalty, $150 Board Costs, 3 hours Continuing Education 2011-01694 Timothy D. Baggett 18 VAC 135-20-260 - Unworthiness & Incompetence Yorktown, VA $150 Board Costs, Three-year License Probation with Quarterly Reporting to the Board 2011-02004 Mark A. Stock 18 VAC 135-20-260 - Unworthiness & Incompetence Leesburg, VA 18 VAC 135-20-300 - Misrepresentation/Omission 18 VAC 135-20-310 - Delivery of Instruments $3150 Monetary Penalty, 6 hours Continuing Education 2011-02012 Robert B. Wilton, III 18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts) Richmond, VA $150 Board Costs, License Revocation 2011-03065 Marjorie R. Dick Stuart 18 VAC 135-20-260 - Unworthiness & Incompetence Washington, DC $350 Monetary Penalty, $150 Board Costs 2011-03114 Rodney E. Bowden 18 VAC 135-20-310 - Delivery of Instruments Ashland, VA $150 Board Costs, 4 hours Continuing Education 2011-02830 Anita L. Cox 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Hampton, VA $500 Monetary Penalty, $150 Board Costs, 3 hours Continuing Education
  • 7. Page 7 VREB SPEAKING www.dpor.virginia.gov DISCIPLINARY ACTIONS (Cont.) Case Number Licensee Violations & Sanctions 2011-02896 Douglas J. Shelton 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Danville, VA $500 Monetary Penalty, $150 Board Costs, 3 hours Continuing Education 2011-02411 Kathleen M. Carmichael §54.1-2131.A.4 - Failure to Exercise Ordinary Care Mechanicsville, VA 18 VAC 135-20-190 - Advertising by Licensees $1300 Monetary Penalty, $150 Board Costs, 5 hours Continuing Education, One-year License Probation with Semi-annual Reporting to the Board 2011-01795 Joyce M. Gaines 18-VAC-135-20-240 - Provision of Records to the Board Woodbridge, VA 18-VAC-135-20-250 - Response to inquiry to the Board 18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts) 18 VAC 135-20-280 - Improper Brokerage Commission $9500 Monetary Penalty, License Revocation 2010-03648 Anthony J. Albanese 18-VAC-135-20-240 - Provision of Records to the Board Penhook, VA 18 VAC 135-20-260 - Unworthiness & Incompetence (3 counts) 18 VAC 135-20-300 - Misrepresentation/Omission $4500 Monetary Penalty, License Probation, 60-hour Salesperson Pre-license Education Course, License Revocation 2011-02509 Edwin L. Soto 18 VAC 135-20-260 - Unworthiness & Incompetence Arlington, VA License Probation, 60-hour Salesperson Pre-license Education Course, License Revocation 2011-00666 Pamela Overbey 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Richmond, VA 18 VAC 135-20-260 - Unworthiness & Incompetence 18 VAC 135-20-300 - Misrepresentation/Omission $2000 Monetary Penalty, License Probation until completes 24 hours of Continuing Education, One-year License Probation with Quarterly Reporting to the Board 2011-02714 Kevin H. Turner 18 VAC 135-20-160 - Place of Business (2 counts) Bedford, VA 18 VAC 135-20-300 - Misrepresentation/Omission $2100 Monetary Penalty, $150 Board Costs, 4 hours Continuing Education 2011-02547 Shirley A. Langridge 18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts) Dickson City, PA $150 Board Costs, License Surrender 2011-00765 Deborah A. Riston 18 VAC 135-20-300 - Misrepresentation/Omission Colonial Beach, VA $1000 Monetary Penalty, $150 Board Costs, 3 hours Continuing Education 2011-04060 James S. Strum, Jr. 18 VAC 135-20-260 - Unworthiness & Incompetence Richmond, VA $150 Board Costs, Agreement for Licensure requiring Quarterly Reporting to the Board
  • 8. Page 8 VREB SPEAKING www.dpor.virginia.gov DISCIPLINARY ACTIONS (Cont.) Case Number Licensee Violations & Sanctions 2011-01799 Patrice M. Muya 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Fairfax, VA 18 VAC 135-20-310 - Delivery of Instruments $1500 Monetary Penalty, License Probation until completes 16 hours Continuing Education, One-year License Probation with Quarterly Reporting to the Board 2011-00708 Alma E. Preciado 18 VAC 135-20-260 - Unworthiness & Incompetence Clarksburg, MD $2500 Monetary Penalty, License Revocation 2011-03566 Roberta L. Johnson 18 VAC 135-20-260 - Unworthiness & Incompetence (3 counts) Matoaca, VA License Suspension until completes 60-hour Salesperson Pre-license Education Course, Three-year License Probation with Quarterly Reporting to the Board after License Suspension 2011-03531 Monica J. Lambert 18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts) Bristow, VA $150 Board Costs, License Revocation 2011-02960 Carol N. Leggett 18 VAC 135-20-270 - Conflict of Interest Moneta, VA $750 Monetary Penalty, $150 Board Costs 2011-03013 Terrance S. Williams 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Aldie, VA $500 Monetary Penalty, $150 Board Costs, 3 hours Continuing Education 2007-01647 Gary S. Youngling §54.1-2131.A.4 - Failure to Exercise Ordinary Care Dunnsville, VA 18 VAC 135-20-260 - Unworthiness & Incompetence 18 VAC 135-20-300 - Misrepresentation/Omission 18 VAC 135-20-310 - Delivery of Instruments $1350 Monetary Penalty, License Probation until completes 8 hours of Continuing Education, One- year License Probation with Quarterly Reporting to the Board 2011-03066 Augusto Arostegui 18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts) Vienna, VA $450 Monetary Penalty, $150 Board Costs, 4 hours Continuing Education 2011-02643 Lourdes Ortiz-Bonilla § 54.1-2112 et seq - Virginia Real Estate Transaction Recovery Act Stafford, VA Claim approved for $20,000.00, License Revocation 2011-02031 Terri F. Davidson § 54.1-2112 et seq - Virginia Real Estate Transaction Recovery Act Portsmouth, VA Claim approved for $14,370.00, License Revocation 2010-00959 Helen Akins § 54.1-2112 et seq - Virginia Real Estate Transaction Recovery Act McLean, VA Claim approved for $20,000, License Revocation
  • 9. Page 9 VREB SPEAKING www.dpor.virginia.gov Effects of HB 1907 on Real Estate Licensees The passage of HB 1907 by the 2011 General Assembly amended several real estate laws in the Code of Virginia, and these amendments went into effect on July 1, 2011. HB 1907 can be viewed at: http:// leg1.state.va.us/cgi-bin/legp504.exe?111+ful+CHAP0461 The changes to the current real estate laws in the Code of Virginia brought about by HB 1907 can be tracked at: http://leg1.state.va.us/cgi-bin/legp504.exe? 000+cod+TOC54010000021000000000000 The article on page 3 of this newsletter describes briefly how HB 1907 will make significant changes to the statutes governing real estate agency, and that all active licensees who renew their licenses on or after July 1, 2012, will need to complete a special one-time three-hour continuing education course in standard residential agency to become knowledgeable of these changes. The Board will begin to consider and approve three-hour residential standard agency course applications from approved education providers at its September 21, 2011, meeting. Licensees who submit a notarized affidavit to the Board certifying that they will not practice residential real estate during the two-year licensing term will not have to complete this course. HB 1907 also affects real estate licensees in a number of other ways. First, the three practice tracks have been removed from the Board’s 30-hour post license education (PLE) curriculum for new salesperson licensees. However, the three practice track format will remain in place until the Board makes specific changes to the PLE curriculum. The Board’s Advisory Council will meet this summer and fall to discuss how to change the PLE curriculum. Second, the Board has been given the authority to adjust the required continuing education (CE) hours and course subjects for licensees by September 1 of each year to include topics that the Board deems to be essential for the next license renewal period. The Board does not have to adjust the CE hours, but it now has the option to do so. Third, the mandatory disclosures under the Virginia Residential Property Disclosure Act have been amended, and the Real Estate Board is now required to maintain these disclosures on its website at: http:// www.dpor.virginia.gov/dporweb/reb_consumer.cfm Fair Housing Cases The Fair Housing Board administers and enforces the Virginia Fair Housing Law, although the Real Estate Board is responsible for fair housing cases involving real estate licensees or their employees. Each board investigates housing discrimination through the Virginia Fair Housing Office at DPOR. All fair housing cases must attempt conciliation – an alternative dispute resolution approach using informal negotiation. Successful conciliation agreements are public unless both parties request and agree to a confidentiality clause. If conciliation is unsuccessful in resolving the complaint, the Board determines if reasonable cause exists to support a charge of discrimination. In cases where the Board determines reasonable cause and issues a charge of discrimination, the Attorney General’s Office brings civil suit in circuit court seeking relief for the complainant. The following fair housing actions were rendered by the Board at its May and July 2011 meetings: Case Number Case Name Action 2011-00067 Agustin Vega v. W.H.H. Trice & Co., Mary Digges, Conciliation Agreement Chastity Corbin, Cathleen McCartney & Elaine V. Thomas 2011-03032 Heather Foster v. Philip W. Wyne Trustee Conciliation Agreement 2010-01237 Lisa Mullins v. Leigh Burnley, Barbara Blackburn & Conciliation Agreement Keller Williams Realty North Stafford 2010-04087 Holly Burdell and Larry Barfield v. Cindy Hornsby, Discrimination by refusing to rent or The Hornsby Homefront, LLC and Calebs Realty otherwise making a dwelling unavailable based on familial status. Discrimination by making and/or causing to be made a discriminatory statement that expresses a preference of limitation based on familial status.