what’s new at the idaho real estate commission the real...

Inside This IssueNew Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Online vs . Live: Options in Ed . . . . . . . . . . . . . . . . . . 4Are You in the 67% . . . . . . . . . . . . . . . . . . . . . . . . . . 4Disconnect in Accounting Practices . . . . . . . . . . . . . . 5New Security Parameters . . . . . . . . . . . . . . . . . . . . . . 6Disciplinary Actions . . . . . . . . . . . . . . . . . . . . . . . . . 7 Audit Honor Roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15In Memory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

July 2017 The Real Estatement 1

What’s New at the Idaho Real Estate Commission

The Real Estatement Vol. 38, No. 1 July 2017

Comments From the Commission ChairNew

Appointments at IREC

As I complete my four-year term as a Commissioner, I look back at the Commission and the real estate

business since 2013, the year I was appointed . Times were a little tougher then as the market was just beginning to recover from the great recession . As real estate prices have gained some of the value lost since 2006, so has the licensee base in Idaho . In comparison, in July 2013 the total number of licensees were 9,263 (6,773 active), as compared to now with 11,434 (9,042 on active status) . A 23 .4 % increase . An interesting side note: the all-time high for licensees is 12,994 in September 2007 . During this time of a contin-ually changing industry, new laws and Commission rules have been adopted, processes streamlined and improved, issues emerged and were dealt with and there were even some staff changes . We are pleased to announce the appointment of MiChell Bird as Executive Director of the Commission . Ms . Bird has been with the Commission for 7 years as the Education and Licensing Director . Her service and assistance to the Commission has been exemplary during that time and we feel fortunate to be able to hire her from within the ranks of the Commission staff .Her responsibilities include overseeing the Commission staff, representing IREC at the statehouse in front of the legislature and at REALTOR functions, and continuing her work at the Association of Real Estate License Law Offi-cials (ARELLO), an international organization that brings regulators together to promote excellence in real estate reg-ulation .We look forward to Ms . Bird utilizing her many talents and skills dealing with the public, licensees and other industry participants in this very important position .We also welcome to the commission a new south district Commissioner! Last fall Jill Stone was appointed by Gov-ernor Otter . Jill has a wealth of real estate experience as a salesperson and broker for 41 years . Jill is currently the Managing Broker for 208 Real Estate, Twin Falls . Jill is an accomplished instructor and has been a certified Real Es-

Mike GamblinCommission Chair

tate Instructor since 2008 . She served as the President of the Idaho Association of REALTORS in 2005 and as an NAR Director for Idaho . We are pleased with the perspective and experience she brings to the Commission .

Jill replaces Marvis Brice as the south district Commissioner . Mar-vis’ combined 16 years on the Commission on two separate ap-pointment periods makes her the longest serving Commissioner in IREC history . Her dedication, in-sight, perspective and hard work will be greatly missed .In all, I think the Idaho Real Es-tate Commission is in good hands, with Commissioners and staff who

desire to help the public and licensees alike in their real estate transactions . As I begin my next term on the Com-mission, I look forward to what changes the next four years will bring .

On May 19, 2017, Executive Order 2017-06 – “Idaho Li-censing Freedom Act” was signed and requires State agen-cies to submit a report to the Office of the Governor no later than July 1, 2018 . The report will assess whether the licensure requirements are necessary and in the public in-terest while providing recommendations for improvement, modification or elimination. Comments are being accepted from interested persons in response to that Executive Order . Please visit our website, irec .idaho .gov, for more informa-tion and to submit comments .

Idaho Licensing Freedom Act

2 The Real Estatement July 2017

Idaho Real Estate Commission

Administration: MiChell Bird -michell .bird@irec .idaho .gov(Executive Director) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 105

Jessica Valerio - jessica .valerio@irec .idaho .gov (Administrative Assistant 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 110

William Robinson - william .robinson@irec .idaho .gov (Information Systems Technician) . . . . . . . . . . . . . . . . . . . . . . . . .ext . 107

Donna Scrivner - donna .scrivner@irec .idaho .gov(Financial Specialist) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 103

Enforcement:

Craig Boyack - craig .boyack@irec .idaho .gov(Chief Investigator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 114

Don Morse - don .morse@irec .idaho .gov (Investigator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 111

Nathan Svevad - nathan .svevad@irec .idaho .gov(Investigator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 113

Gayle Brixey - gayle .brixey@irec .idaho .gov(Inspector) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 112

Stephanie McLarin - stephanie .mclarin@irec .idaho .gov (Administrative Assistant 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 108

Education & Licensing:

Melissa Ferguson - melissa .ferguson@irec .idaho .gov (Education & Licensing Director) . . . . . . . . . . . . . . . . . . . . . . .ext . 116

Sue Billman - sue .billman@irec .idaho .gov (Training Specialist) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 115

Jesama Rosensweig - jesama .rosensweig@irec .idaho .gov (Technical Records Specialist 2) . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 106

Ron Bassett - ron .bassett@irec .idaho .gov (Technical Records Specialist 1) . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 109

Commission Administrative Counsel - Jean Uranga

Phone: (208) 334-3285 Fax: (208) 334-2050STAFF

Anne Anderson, ChairLakeshore Realty, Coeur d’Aleneanne@lakeshorenw .com(208) 665-2443

Patrick Malone, Vice ChairCentury 21 High Desert, Idaho Fallspatrick@patrickmalone .net(208) 535-0350

Georgia Meacham, MemberGeorgia Meacham & Company, Boisegeorgia@georgiameacham .com(208) 740-5000

Shelly Shoemaker, MemberNichols Real Estate Groupshelly@shellyshoemaker .com(208) 309-4235

EDUCATION COUNCIL

Mike Gamblin, ChairMike Gamblin Real Estate, Inc ., Boisemike@mikegamblin .com(208) 378-9100

Michael James Johnston, Vice ChairKeller Williams Realty East Idaho, Idaho Fallsmike@mikejohnston .com(208) 239-0356

Kathy Weber, MemberRe/Max Connections, Moscowkathyw@remax .net(208) 883-9700

Jill Stone, Member208 Real Estate, Twin Fallsjill@willisandjillstone .com(208) 420-2685

COMMISSIONERS



MiChell BirdExecutive Director

New Laws HighlightCommission Changes

Progress is impossible without change…here at the Commission we must be making a lot of prog-ress because this has definitely been a year of change . Our chang-es include law changes, Commis-sioner and Education Council re-tirements and new additions, and staff changes .

We have two law changes this year .

AdvertisingAs the broker is ultimately responsible for the activities of the brokerage, it is important that consumers know which company and designated broker they are dealing with . Ida-ho Code 54-2053(2) requires the broker’s licensed business name be displayed on all advertisements for listed property . In 2016, the Idaho Real Estate Commission received sig-nificant feedback from the industry requesting additional guidance on how the broker’s licensed business name must be displayed .

• The new law adds the words “clearly and conspicuous-ly” to Idaho Code .

• Guideline #13 was also revised by the Commission to include the new verbiage and to provide a working definition of clear and conspicuous.

Real Estate License/Out-Of-State BrokerIdaho law required anyone brokering real property located in this state to hold an active Idaho real estate license . This legislation addresses a need in the market for a limited en-try into Idaho for the purpose of brokering commercial real property . This need is driven by large-scale consumers who may have portfolios with multiple properties across several states .

• The new law defines commercial real estate and estab-lishes a cooperative license between an individual li-censed in another jurisdiction and an Idaho broker for a single commercial real estate transaction . It also out-lines requirements for out-of-state licensees to act in commercial real estate transactions in Idaho .

• The term “commercial real estate” is defined as any real estate other than real property improved by one to four residential dwelling units. However, it specifically does not include any condos, townhomes, or any other unit-by-unit type of sale . It also does not include any farm or ranch sales .

• An individual cooperative license allows an out-of-state licensee to work with one Idaho Broker per coop-erative agreement . The out-of-state licensee may have multiple cooperative agreements at one time .

• Each cooperative license is only good for the purpose of one Idaho commercial transaction .

• The Idaho broker must be in charge of the transaction

from the beginning to the end and any entrusted mon-ies received must be handled by the cooperating Idaho broker .

• Guideline #2 was revised by the Commission to bring the instruction up to date with this new legislation .

And more change…

After her second eight year term on the commission, Mar-vis Brice retired from the commission and after serving our longest term on Education Council, Becky Kukal has also stepped down . To say we will miss them is an understate-ment and we can’t express enough our gratitude for their tremendous contributions to the Commission through the years . The Governor appointed Jill Stone from Twin Falls as our new Commissioner and Shelly Shoemaker was ap-pointed by the Commissioners as our new Education Coun-cil member, both from the South District . We are pleased to welcome Jill and Shelly and look forward to working with them for the next several years!

Staff has also undergone some significant changes. Nota-bly, Melissa Ferguson has stepped into the role of Educa-tion & Licensing Director with ease and is already doing an outstanding job . Although we have new names on the staff list, we continue to be committed to serving the licensees in a professional manner .

We are excited about the changes at the Commission and are pleased with the progress being made . What changes will you make this year? Good luck in all of your endeav-ors!

Did you know the Idaho Real Estate License Law and Rules Books also contain all of the

Guidelines approved by the Commission?

Congratulations on your appointments!

Jill StoneCommissioner

South Central District

Shelly ShoemakerEducation Council Member

South Central District



Online Vs. Live:Options in Education

Anne AndersonEducation Council Chair

Over the past several years, the Education Council has reviewed the courses offered in the State of Idaho . The Ed-ucation Council members and Commissioners are commit-ted to ensuring Idaho licensees receive quality education to support their real estate endeavors . In fact, many of the Commissioners and Education Council members are cur-rent or past instructors . We listen to the comments of our students through the evaluations and continue to look for ways to make many options available for real estate agents in the State of Idaho .

Some have asked if we see online classes replacing live classroom instruction . We value the increased choices stu-dents have with both live and online options for taking their education . We have recently developed the online version of the Post License Pricing, Marketing, and Advertising Course . This joins the Post License Fundamentals course made available online in January of 2015 . We are pleased to be able to offer students an option to complete their en-tire Post License education online . As we review student participation in the online Post License courses, we have learned that for every 4 students taking the Post License Fundamentals and Post License Pricing, Marketing and Ad-vertising courses live, only 1 is taking the course(s) online . This may be due to the fact that until recently, not all re-quired courses have been online .

There are many reasons for developing an online option as well as a live version of a course . We understand that some students prefer the convenience of taking their education at their own pace . As the market heats up and agents are busy, we hear that some licensees choose to take online class-es because they need the flexibility of being able to start and stop the course at their convenience . Some real estate licensees may be in remote locations with little access to live education and so an online option is more feasible than traveling long distances .

Although we are committed to increasing online offerings of our courses, it is clear many students still prefer the live version of the courses . Many students report that the inter-action with fellow licensees is invaluable . The stories of in-the-field experiences helps each of us know that although we are competitors, we are also facing some of the same challenges in helping our clients and customers . With these shared stories, the Education Council and Commission may also learn about current practices in real estate that can be utilized in a “Hot Topics” section in a Core class .

If you feel there are issues out in the field that your current education isn’t addressing, we would love to hear from you . Whether you continue your education at a live class or on-line the feedback you provide is utilized . The Education Council members periodically review the Commission-de-veloped courses and appreciate any feedback from our real estate agents to help us improve these courses .

In July 2014, the license law education requirements changed . Licensees renewing their license on active status are now required to complete two unique Commission Core courses each renewal period . As a part of this change, Core courses are now certified for a period of two years rather than just one year .

We are pleased to report that roughly 67% of active licens-ees have taken the 2016 Core course . While some of the remaining 33% will go on to get the appropriate education prior to the course expiration date, some may not . Fail-ure to obtain the appropriate education in time may result in disciplinary action and a civil penalty fine. The initial fine for a missing Core course is $250 (or $500 if you are missing both); and you still have to take the education to come into compliance. The fines are doubled if there is a previous violation .

In order to help you plan the timing of when you will take the Core courses, here are some of the most common ques-tions we receive on these classes .

What Core classes do I need to take?

Because of the 2014 change to the Core requirement, the certification date for the Core courses was extended. This means that each Core course can be offered for two full years . Depending on the date of your renewal, you might need the 2016 and 2017, or the 2017 and 2018 Cores .

Can a Core class be taken more than once?

Unlike elective courses, Core courses can only be taken one time for credit . There are three common times we see this occurring:1 . Licensees retaking a Core – Knowledge is power . While

you might learn a lot from taking a Core class more than once, we can’t give you CE credit the second time .

2 . License activations - Education used for activation is considered “spent” . A new set of education must be obtained prior to renewing the license on active status, which includes two new (unique) Core courses .

Melissa FergusonEducation & Licensing

Director

Licensee Statistics (July 1, 2017)Active ................. 9,153Inactive .............. 2,281Total ................. 11,434

(continued on page 5)

Are you in the 67%?



Craig Boyack Chief Investigator

A Disconnect in Accounting

Practices

Brokerages are allowed to take earnest monies to title com-panies rather than the old requirement of using a trust ac-count . Companies without trust accounts are operating all over Idaho, and it is a perfectly acceptable way of handling entrusted funds . This new way of doing business is causing some sloppy habits this article intends to address .

Licensees are required to deliver all transaction documents to the Designated Broker . This includes offers that expire unaddressed, those that are withdrawn, and those that are rejected by the sellers . The purpose of this is so the Desig-nated Broker can review the transactions and supervise the licensees . The Designated Broker is required by law to do this, and to start a ledger card, even if the entrusted funds will be deposited at a later date .

It is the Designated Broker’s responsibility to handle the entrusted funds according to the terms of the Purchase and Sale Agreement . This means the broker is responsible to make the deposit . This is not to say that the broker cannot delegate someone else, or even call a runner from a title company. If the office manager, title company runner, or licensee doesn’t follow through, it is the Designated Broker who is accountable . This is a good place to mention that the Designated Broker has to obtain and keep a receipt for the deposit, regardless of where the funds go .

Investigative work, and audit results have revealed a prob-lem that is growing in our industry . It’s a trained response that devolved into a license law violation over time . It works something like this:• Licensee turns in a contract and earnest money to her

broker .• Broker creates a ledger card, hands the entrusted funds

back to the licensee and says, “Go ahead and open es-crow, and don’t forget to bring me a receipt .”

• Repeat this process a few times .

The licensees don’t particularly care about ledger cards, and most of them forget they even exist unless they want to become brokers themselves . The licensee goes through a thought process . Hmm, it seems ridiculous to hand this to my broker only to have him hand it back to me. I’ll just skip the office and take the package to title after the seller accepts the offer.

This is absolutely the wrong thing to do! We’ve investigat-ed cases where the Designated Broker had no idea some transactions even exist, yet he is responsible for them . We’ve seen other cases where the broker is trusting the wrong person, and the earnest money was never collected at all . This is because the licensees trained themselves to avoid a couple of important steps .

Here is a list of possible violations that could occur in this situation, and people have been fined for all of them:• Failure to immediately deliver entrusted funds to the

broker .• Failure to remit documents to the broker .• Reckless conduct .• Missing or misleading terms and conditions in the Pur-

chase and Sale Agreement .• Failure to account for entrusted monies .• Failure to account on behalf of a client .• Failure to account on behalf of a customer . (Sometimes

both in a cooperative sale .)• Failure to disclose an adverse material fact . (When the

licensee never had the money to begin with .)• Late deposits .• Failure to have a receipt .• Failure to maintain a transaction file.• Failure to supervise licensees and/or review transaction

documents .• Failure to create a ledger card .

You can see that some of these violations apply to brokers as well as sales persons. Adopt good office policies and train your licensees to follow them . The Commission is taking these matters seriously, and you should be too .

3 . Lack of options - Licensees sometimes mistakenly as-sume that because only two Core classes are available at any given time, they don’t have any other options . IREC has made arrangements with our online providers to offer older Core classes to licensees on a case by case basis for a limited time . If you need access to an older Core, you can contact IREC at 208-334-3285 to find out which provider(s) are able to provide these courses to you .

Which Core classes have I taken?

If you have questions about what education you have tak-en, this information can be found on your education history through our online services . The Commission staff is also available and willing to help answer questions about the requirements and your individual education record .

How do I get into the 67%?

Here are some important things you can do to help move yourself to the 67% and avoid the pain and hassle of a CE audit: • Know the education requirements• Check your education history to make sure your edu-

cation is posted• Identify the classes you will take to round out your ed-

ucation through the course calendar• Access the older Core classes if you need them – be

sure to take them as soon as possible after you get ac-cess to them

• It is important to stay on top of these items so that you don’t get caught without the education you need . We hope to see you in the 67%!

(Are you in the 67%? ... continued from page 4)



Jesama Rosensweig Technical Records

Specialist

New Security Parameters & Online Renewals -

Important Notice

New Password Requirements

In September 2016, IREC set up new security parameters for logging into

your account . If you have not already changed your pass-word you will be prompted to reset it prior to logging in .

• The user name must be a current email address .• Cannot be an email address used by another licensee .

Registration and log in will no longer accept a single user name used by multiple licensees . If you experience any is-sues when registering or logging into your account, please make sure you check the browser . Google Chrome is the most compatible with the IREC website . If you are us-ing Google Chrome and having issues, please clear your browsing history and try again . In some cases, if the se-curity settings are set to high on the device you are using, you may have to use a different computer or change your browser to Internet Explorer .

Online Renewals

Have you received a “pending” notice on your renewal and haven’t paid? There are two reason this may have occurred during your renewal process:

1 . If you click the back key once you are in Access Ida-ho’s Payment Portal, it will lock up the renewal and can take 30-45 minutes to clear .

2 . The session timed out while you were in Access Ida-ho’s Payment Portal . This can take 30-45 minutes to clear .

You may use the back key and take your time while in your account on IREC’s website; however, once you leave the IREC website and enter the Payment Portal through Access Idaho, you may not . On the Access Idaho Payment Portal, if the back key is used, it will lock up your renewal . The timed session is about 15 minutes so if you take longer than that, it will time out and lock up your renewal .

If your renewal gets locked up, please make sure that you have completely closed out of your account before trying the renewal again . Please note this can take time to clear, especially if it is the very last day of your renewal month . As a reminder, renewals must be completed no later than 5:00 PM MT . If the renewal is not processed by 5:00 PM MT, your license will automatically expire . You will be is-sued a $25 late fee and will only be able to renew your license to an inactive status . Once your license has been renewed to an inactive status, you will need to contact your designated broker to have your license reactivated .

Renewal of Designated Brokers

If your license expires, you will only be able to renew your license to an inactive status . If the company is a legal busi-ness entity (LLC, CO, PA, or PT), the company will remain active for 10 business days under an “Interim Broker” sta-tus . If the company is a Sole Proprietorship, it will auto-matically terminate at the time your license expires .

To become the designated broker of the company (LLC, CO, PA, or PT) again, you will be required to take the BCOO course if you have not had it within the previous three (3) years . You will also be required to submit a Com-pany Renewal form along with the renewal fee of $75. If this does not happen within the 10 business days, the com-pany license will be terminated and you will be required to submit a new company application . If the company is a Sole Proprietorship, the license will automatically ter-minate at the time your license expires . To become active again, you will be required to take the BCOO course if you have not had it within the previous three (3) years and sub-mit the Sole Proprietorship application .

Welcome Sue and Donna!!!

Searching for the right people takes some work and time . Lucky for us, we found Donna and Sue .

Sue Billman moved to Idaho in 2014 from Palm City Flor-ida and is originally from Long Beach Island New Jersey . She started her career in Educa-tion and Training in 1985 while in the US Air Force and has over 25 years’ experience as an instructor and course developer . Sue received her B .A . in Behavioral Science and her M .B .A . in Human Resources . When Sue is not working, she en-joys spending time with her two cats, painting, listening to music, and exploring beautiful Idaho with her camera in tow .

Donna transferred from the Fiscal Department of Idaho Department of Lands . Prior to that she has worked over 12 years in government ac-counting offices. Donna & her hus-band also owned and operated their own local business for 22 years be-fore she returned to government of-fice work four years ago. Donna is a fanatic baker and gardener . In her spare time she enjoys hiking, camp-ing, various crafts and spending time with her family .



DISCIPLINARY ACTIONS 5/01/16 - 10/31/16

Late Errors & Omissions Insurance Renewals (LEO) - Civil fine for violation of Idaho Code 54-2013 - failure of a licensee to maintain Errors & Omissions insurance or failure of a licensee to submit or cause to be submitted a certificate of coverage as required. First time violation is $150; each subsequent violation is doubled.Adams, Rodney L., salesperson in Glenns Ferry - $150Akin, Kelly Wayne, salesperson in Jackson, Wyoming - $150American Realty West, Inc, corporation in Driggs - $150Anderson, Rae H., associate broker in Eagle - $300Ayers, Trina, salesperson in Rexburg - $150Badasci, Matthew, salesperson in Boise - $150Barnhart, Thomas J., salesperson in Pocatello - $150Bates, Gary D., associate broker in Boise - $150Benglan, Randy, salesperson in Auburn, Wyoming - $150Blakeslee, Jason, salesperson in Boise - $150Blakeslee, John A., associate broker in Boise - $150Bristol Group, corporation in Boise - $150Brown, Errin C., salesperson in Eagle - $150Campbell, Daniel, inactive salesperson - $300 Capital Group, Inc, corporation in Meridian - $300Cassel, Kortney E., salesperson in Coeur d’Alene - $150Cooper, Erin, salesperson in Sandpoint - $300Cooper, Kim Dale, designated broker in Coeur d’Alene - $150Crigger, Larry Roger, salesperson in Kellogg - $150Diaz, Raul, inactive salesperson - $600 Diehl, Brent, salesperson in Hailey - $150Dixon, Preston, designated broker in Challis - $150DK Commercial, LLC, limited liability company in Me-ridian - $150Drayton, William B., salesperson in Sandpoint - $150Dunton, Tracie L., salesperson in Meridian - $150Eldredge Jr., David C., salesperson in Boise - $150EnVision Real Estate School and Consulting, Inc, corpo-ration in Boise - $150Evans, Susan, inactive salesperson - $150Fairchild, Lindsay, salesperson in Blackfoot - $150Farlow, Seau F., salesperson in Meridian - $150Fisher, Patience, designated broker in Logan, Utah - $300Frings, Karen, salesperson in Meridian - $150Fry, Karin, designated broker in Rigby - $150

Gale, Kathleen, salesperson in Boise - $300Garcia, Norma E., salesperson in Caldwell - $150Gates, Mariel M., inactive salesperson - $150 Geiger, Daniel, salesperson in Mountain Home - $150Giese, Jerrold, designated broker in Boise - $300Gold Star Realty, Inc, corporation in Nampa - $150Grover, Darla, salesperson in Rexburg - $150Hadden, Craig, inactive broker - $600 Hadley, Brent G., salesperson in Nampa - $150Harris, Westly, salesperson in Nampa - $600Hart, Thomas, salesperson in Boise - $150Hedges, Thomas, designated broker in Jackson, Wyoming - $150Heinrichs, Bradley “Brad”, salesperson in Boise - $150Heinrichs, Gerald “Jerry”, salesperson in Boise - $150Herbold, Terrence C. “Creed”, salesperson in Nampa - $150Hernandez, Maria, salesperson in Caldwell - $150Hubble Homes LLC, limited liability company in Merid-ian - $150Hunt, Dianne, salesperson in Burley - $300Idaho’s Real Estate, corporation in Rexburg - $150Infinity Farm and Land, LLC, limited liability company in Glenwood, Utah - $150Intermountain Realty Inc, corporation in Baker City, Or-egon - $150Irish, Jeffrey, designated broker in Boise - $300Jackson, Michael L., salesperson in Boise - $150JDS Real Estate Services, Inc, corporation in San Juan Capistrano, California - $150Jensen, Randi, salesperson in Rexburg - $150Jewell Jr., Thomas N., salesperson in Island Park - $150John Alan Partners II, LLC, limited liability company in Ketchum - $150Johnson, Kameron, salesperson in Preston - $150Jones, Rodney A., designated broker in Rexburg - $150Krahn, Michele, salesperson in Boise - $150Kroetch, Keith, designated broker in Coeur d’Alene - $150Ledgerwood, Debbie S., salesperson in Lewiston - $150Loewen, Leonard, salesperson in Caldwell - $300Losito, Vito, salesperson in Nampa - $150


Idaho Real Estate CommissionMaddix, Sherri, salesperson in Nampa - $150Mary, Devra, associate broker in Ketchum - $300Mattis Partners, limited liability company in Seattle, Washington - $150McCorkle, Jane, salesperson in Boise - $150McCormick, Jon, associate broker in Boise - $150McDonough, Lonnie J., salesperson in Boise - $150Moniker Real Estate, LLC, limited liability company in Boise - $150Morphey, James, associate broker in Pocatello - $150Mortensen, John, inactive salesperson - $150Mountain Home Pro Real Estate, limited liability compa-ny in Mountain Home - $150Mountain Lakes Realty Inc, corporation in McCall - $300Mountain Retreat Real Estate, LLC, limited liability company in Auburn, Wyoming - $300Murdoch, Thyne S., salesperson in Boise - $300Nicolas, John A., associate broker in Boise - $300Noyes, Wade, salesperson in Victor - $150O’Rullian, Jon, salesperson in Rexburg - $300Olsen, Ryan, designated broker in Auburn, Wyoming - $150Palomba, Colette, salesperson in Boise - $150Parke, Katie, salesperson in Boise - $150Peavey-Derr, Judy M., inactive broker - $600Pedersen, Theresa, salesperson in Caldwell - $150Pierce, Tracy J. “TJ”, salesperson in Boise - $150Potter, Kimberley “Kimmy”, salesperson in Dubois, Wy-oming - $150Property Research, Inc, corporation in Coeur d’Alene - $150Re/Max Resort Realty, limited liability company in Mc-Call - $150Reed, Penny, salesperson in Caldwell - $150Richter, Bryan, designated broker in Boise - $150Riddle, Debra, salesperson in Boise - $150Roark, Tony J., designated broker in Boise - $150Robnett Properties, corporation in Eagle - $150Roundtree Real Estate, corporation in Boise - $150Sabala, Lael K. “Katy”, salesperson in McCall - $600Salwei, Jared, inactive salesperson - $150 Sampson, Erwin, salesperson in Clarkston, Washington - $150Sands, Melinda “Mindy”, associate broker in Ontario, Or-egon - $150Savage, Donna, designated broker in Boise - $600Savage, Steve, salesperson in Boise - $150Sawyer, Kathleen, salesperson in Boise - $300

Select Brokers, LLC, limited liability company in Coeur d’Alene - $150 Shamy, Aaron D., salesperson in Jackson, Wyoming - $150Sittig, Greg A., inactive broker - $300 Smith, Misty, salesperson in Auburn - $150Stappler, Megan, salesperson in Marsing - $150Stastny, Belia, salesperson in Twin Falls - $150Stein, Jennifer, designated broker in San Juan Capistrano, California - $150Suchoski, Mia, designated broker in St. Maries - $150Swan Land, limited liability company in Salt Lake City, Utah - $150Targa 5, LLC, limited liability company in McCall - $150Taylor, Edward, designated broker in Nampa - $300The Brick Group Real Estate, Inc, corporation in Boise - $150The Molpus Woodlands Group, LLC, limited liability company in Coeur d’Alene - $150Thomas, Arthur Paul “A.P.”, designated broker in Boise - $150Thomas, Nikolas, salesperson in Meridian - $150Thomas, Robert L., salesperson in Post Falls - $150Thompson, Leslie, salesperson in Boise - $150Timber Realty, LLC, limited liability company in St . Maries - $150Tindall, John D., salesperson in Coeur d’Alene - $150Todd, Christopher, salesperson in Kuna - $150Tony J. Roark Real Estate Services, LLC, limited liabil-ity company in Boise - $150Weber, Norman D., salesperson in Hayden - $150West, Joseph C. “Cassidy”, salesperson in St . Maries - $150Williams, Patricia J., salesperson in McCall - $150Williamson, John C., salesperson in Caldwell - $150Wood, Benjamin, salesperson in Nampa - $150

=====================================Late Continuing Education (LCE) - Civil penalty for vio-lation of Idaho Code 54-2018(5) – submitting a license ap-plication for renewal or activation without having obtained the Continuing Education required by Idaho Code 54-2023 . (First time violation unless indicated otherwise by asterisk .)

Allen, Jeremy J., salesperson in Idaho Falls - $300Bachmann, Jennifer L., salesperson in Eagle - $100Ball, Hannah J., salesperson in Boise - $550Brinkly, Christie L., salesperson in Lewiston - $550Brown, Emma L., salesperson in Meridian - $300Brownani, Shannon R., salesperson in Meridian - $575


Idaho Real Estate CommissionCapener Micah W., salesperson in Tremonton, Utah - $250Christensen, Jacob “Pete”, salesperson in Rexburg - $300Copple, Kathryn M. “Katie”, salesperson in Boise - $550DeBaun, Amanda F., salesperson in Moscow - $100Diaz, Raul, salesperson in Eagle - $800Duerr, Stephen R., salesperson in Jackson, Wyoming - $550Egbert, Matthew D., salesperson in Boise - $550Elhart, Edward M., salesperson in Meridian - $725Farmer, Clinton C., salesperson in Island Park - $75Fitch, Karen J., salesperson in Mountain Home - $250Gabriel, Brenda J., salesperson in Coeur d’Alene - $75Johnson, Carolyn M., designated broker in Bellingham, Washington - $500*Johnson, Shannon Gayle, salesperson in Boise - $25Johnston, Heather M., salesperson in Hailey - $100Jones, Deanna C., associate broker in Soda Springs - $500*Kurtz, Meisha A., salesperson in Boise - $300Lenz, Stephen J., salesperson in Phoenix, Arizona - $300Manwaring, Jeremy, salesperson in Idaho Falls - $500Martin, Tracy E., salesperson in Meridian - $100*Matlock, Jeffrey, salesperson in Boise - $100Maurtua, George A., inactive salesperson - $250 McReynolds, Shellee E., salesperson in Middleton - $300Mogensen, Michael R., salesperson in Caldwell - $250Mumm, Stephen H. “Steve”, salesperson in Coeur d’Alene - $100Nitz, Nikki L., salesperson in Fruitland - $100Oliver, Duane E., salesperson in Coeur d’Alene - $100Oliver, Julie A., salesperson in Boise - $100Orr, Christopher J., salesperson in Twin Falls - $275Rayasam, Shashank S., salesperson in Boise - $700Robnett, Jennifer C., salesperson in Eagle - $250Sanders, Paula R., salesperson in Fruitland - $250Schenkenberger, Gary C., salesperson in Coeur d’Alene - $100*Shin, Kwangsup “Kelvin”, salesperson in Coeur d’Alene - $250Smith, Tyson J., salesperson in Lewiston - $800Stevenson, Edward D., salesperson in Coeur d’Alene - $750Tolley, Dorothy “Belinda”, salesperson in Idaho Falls - $25Walter, Russel “Neil”, designated broker in Saint George, Utah - $250Watson, Camille K., salesperson in Ketchum - $50Weil, Chance, salesperson in Middleton - $300Williams, Jr., O’Dell, salesperson in Boise - $800

Wood, Matthew J., salesperson in Boise - $800Zyph, Tyler D., salesperson in Coeur d’Alene - $300=====================================Citations (CIT) - Civil penalty fine for various Idaho Code violations found during an office inspection.Hendrixson, James, designated broker with Hendrixson Real Estate in Wallace - $75 McGurkin, Joseph, designated broker with Moscow Re-alty, in Moscow - $75 Metcalf, Jeffrey, designated broker with Re/Max Pres-tige, in Idaho Falls - $75 Stewart, Jeffrey A., designated broker with Stewart Real-ty, LLC in Meridian - $75 =====================================Late License Renewal or Activation (LLR) - Violation of Idaho Code 54-2002, 54-2018 and/or 54-2060(10) - continuing to practice as a licensee after license expired or was inactivated. Designated brokers - $20 per day. All others - $10 per day.Brown, Sarah K., salesperson in Meridian - $20Heinrich Jr., Thomas G., associate broker in Ketchum - $80Hubbard, William B., salesperson in Ketchum - $30Marmor, Jeffrey T., salesperson in Boise - $10Mary, Devra, associate broker in Ketchum - $200Medina, Reuben Eli, salesperson in Meridian - $30Obermeyer, Leland J. “Lee”, salesperson in Eagle - $30Stanley, Jan M., salesperson in Boise - $30Thornton, Timothy P., associate broker in Boise - $1,890=====================================Formal Actions Audagnotti, Carl Ryan, salesperson in Boise . Audagnotti advertised a referral program across multiple sites, offer-ing to pay $375 to anyone – licensed or unlicensed – who sent him clients . He stipulated to violation of Idaho Code section 54-2054(3) - offering finder’s fees to unlicensed people. Given a Formal Reprimand; ordered to pay a $500 civil fine; and he must reimburse the Commission $450 for the costs & attorney’s fees .Basile, August Joseph “AJ”, salesperson in Meridian . Basile entered into a hometending agreement with his sell-er client . The agreement indicated the hometender would be responsible for specific maintenance expenses at the property while it was occupied . Basile moved into the property, but refused to pay the expenses agreed to in the hometending agreement . These expenses were paid from the seller’s proceeds at closing, and were on the closing statement . Basile occupied several listed properties, and failed to update his home address with the Commission . When asked for his current address, Basile refused to com-ply with the Commission’s request . Finally, he failed to account for property when he gave the keys to the buy-er’s agent prior to closing, without his seller’s permission . At this time he instructed the buyer to change the locks without the seller’s knowledge or permission . He stipu-


Idaho Real Estate Commissionlated to violation of the following sections of Idaho Code: 54-2018(9) - failure to update his address within 10 days; 54-2058(3) - failure to answer all reasonable investigative questions; 54-2060(3) - failure to account for property; 54-2087(2) - failure to exercise reasonable skill and care on behalf of his client; 54-2087(4) - failure to promote the best interest of his client; and 54-2087(5) - failure to account for property on behalf of his client . He was given a Formal Reprimand, ordered to pay a $3,500 civil fine, required to reimburse the Commission $450 for the costs & attorney’s fees, must successfully complete a Post License Fundamen-tals class within six months, and his real estate licenses is suspended for a period of 12 months . This suspension is withheld providing Basile follows all terms of the Final Or-der and violates no additional license law .Conger, Ronda Sue, designated broker in Meridian . Con-ger’s brokerage represents one of the largest builders in the state. The builder offered a $500 finder’s fee which the Commission has no jurisdiction over . Conger’s licensees advertised this fee, handled all the paperwork, and benefit-ed from the leads generated . Licensees are not allowed to offer a finder’s fees. Conger stipulated to violation of Idaho Code 54-2038(1)(a) - failure to supervise, and 54-2054(3) - marketing a program that paid unlicensed individuals unau-thorized finder’s fees. Given a Formal Reprimand, ordered to pay a $500 civil fine, and must reimburse the Commis-sion $450 for the costs & attorney’s fees.Conner, Reata J., designated broker in Boise . Conner is responsible to supervise Dopp, who has multiple disci-plinary actions regarding her advertising, and Conner was disciplined for failure to supervise Dopp previously . Dopp had yet another advertising violation, and Conner failed to supervise her . Conner stipulated to violation of Idaho Code 54-2038(1)(a) - failure to supervise her licensee . Given a Formal Reprimand, ordered to pay a $500 civil fine, and must reimburse the Commission $450 for the costs & at-torney’s fees .Dopp, Barbara Jean, associate broker in Boise . Dopp ad-vertised unlicensed people without specifically noting they are unlicensed . She also advertised one unlicensed person as being licensed who is not . She ran a radio advertisement with her team and contact data at normal speed, but the li-censed brokerage name was sped up to a degree that ren-dered the information unidentifiable. Stipulated to violation of Idaho Code 54-2053(1) - advertising people who are un-licensed to broker real estate, and 54-2053(4) - misleading advertising . Given a Formal Reprimand, ordered to pay a $2,500 civil fine, and must reimburse the Commission $450 for the costs & attorney’s fees .Edgar, Michael Ryan, designated broker in Meridian . During a sequence of transactions, Edgar left one broker-age and started his own . These were all short sales, and both brokers signed new contracts to cooperate on the listings . Edgar failed to promote the best interest of his clients by failing to include listing prices and required sellers to waive mandatory agency duties . He engaged in dishonest dealings by representing on the MLS that the seller was not accept-ing any more backup offers when in fact there was no offer on the property at all . Edgar stipulated to violation of the following sections of Idaho Code: 54-2053(4) - misleading advertising; 54-2087(1), (2), (4)(b), & (8) - failing in his cli-ent obligations and attempting to have clients waive these obligations; 54-2060(11) - dishonest or dishonorable deal-

ings; and 54-2060(12) - gross negligence or reckless con-duct. Given a Formal Reprimand; ordered to pay a $4,000 civil fine; required to reimburse the Commission $450 for the costs & attorney’s fees; he must successfully complete a Post License Fundamentals class within 6 months; and his license is suspended for a period of two years, but this sus-pension is withheld providing he complies with all terms of the Final Order and does not violate the license law during this period .Edgar, Rupert Leon, unlicensed individual and Income Property Consultants, unlicensed entity . Edgar, a California licensee represented a California buyer of a 26-unit apart-ment complex in Nampa, Idaho . Neither he nor his compa-ny are licensed in Idaho . Both were non-responsive to the Commission’s investigation, and a Complaint was served upon them April 16, 2016 . No response was received, and A Notice of Proposed Default Order was issued June 14, 2016 . Final Order was issued June 22, 2016 . Edgar and In-come Property Consultants were found to be in violation of Idaho Code 54-2002 - unlicensed practice of real estate . Each are ordered to pay a $1,500 civil fine, and each must reimburse the Commission $375 in costs & attorney’s fees.Engelbreit, Laurie L., salesperson in Meridian . Engelb-reit resigned from her brokerage . During the time she was between brokerages, she attempted twice to show homes to buyers . Her lockbox key was inactive so she called sever-al licensed friends and offered them a $250 referral fee to provide access to properties . Engelbreit was inactive and had no right to legally generate commissions or to offer a referral fee . Stipulated to violation of Idaho Code 54-2002 - unlicensed practice . Given a Formal Reprimand, ordered to pay a $1,000 civil fine, required to reimburse the Commis-sion $450 for the costs & attorney’s fees, and must success-fully complete a Post License Fundamentals class within 6 months .Fisher Jr., Steven W. “Stevie”, salesperson in Boise . Li-cense suspended by order of Health & Welfare 6/17/16 . Li-cense reinstated 7/01/16 .Gregory, Steven G., inactive broker . Gregory was convict-ed of Felony Bankruptcy Fraud - Asset Concealment . He stipulated to violation of Idaho Code 54-2018(9) - fail-ure to keep his address updated with the Commission; 54-2061(1)(a) - conviction of a felony; and 54-2061(3) - fail-ure to report his conviction within 20 days . He was given a Formal Reprimand, must reimburse the Commission $450 for the costs & attorney’s fees, and his real estate license is revoked .Hurtt, Robert “Bob”, designated broker in Boise . Moved from Century 21 Southern Idaho Real Estate to ERA West-wind Real Estate . He held himself out as being licensed with ERA, and procured listings for ERA prior to being ac-tively licensed there . Stipulated to violation of Idaho Code 54-2012(1)(l) - No Idaho sales associate may be licensed under or associated with more than one designated broker; 54-2053(4) - providing information to the public or to pro-spective customers or clients which is misleading in nature; and 54-2060(12) - reckless conduct . Given a Formal Repri-mand, ordered to pay a $500 civil fine, required to pay $450 for the costs & attorney’s fees, and he must successfully complete a Business Conduct and Office Operations class within 6 months .


Idaho Real Estate CommissionKallas, Jr., Dave W., associate broker in Meridian . Staff photographed one of Kallas’ signs that was not in com-pliance . Kallas provided his signs to a team member who placed this sign . Further investigation revealed additional signs that were out of compliance . Kallas was told in a pre-vious action that he could use sticker material to make the required brokerage data on his signs larger . He placed the stickers on one side only, and turned that side either away from oncoming traffic or toward the property so it could not be seen . Stipulated to violation of the following sections of Idaho Code: 54-2053(2) - failure to include the broker’s licensed business name on listed property, and 54-2053(4) - misleading advertising . Given a Formal Reprimand; or-dered to cease and desist from further advertising viola-tions; required to pay a $1,500 civil fine; he must reimburse the Commission $450 for the costs & attorney’s fees; and he must successfully complete a Post License Fundamen-tals class within 6 months .Lanum, Betty J., designated broker in Caldwell . At a reg-ularly scheduled audit, Staff noticed signatures of buyers and the closing agent on the HUD-1 did not match the sig-natures on other documents they signed . Lanum admitted to forging the signatures in preparation for the audit . The people correctly signed the documents at the closing, and IREC obtained copies . Stipulated to violation of Idaho Code 54-2048(2) - failure to show proof of delivery of the closing statements; 54-2048(3) - failure to include a true and correct copy of the closing statement in the transac-tion file; 54-2060(4) - failure to keep adequate records; and 54-2060(11) - dishonest and dishonorable dealings . Given a Formal Reprimand, ordered to pay a $1,500 civil fine, required to pay $450 for the costs & attorney’s fees, and must successfully complete a Risky Business 1 class within 6 months .Lemas Hernandez, Natalie, salesperson in Boise . She failed to notify the Commission of her name change . She started doing business under a name she was not legally allowed to use . She allowed her license to expire, and con-tinued to work in real estate brokerage activities . Stipulated to violation of Idaho Code 54-2002 - unlicensed practice; 54-2018(9) - failure to timely update her legal name; 54-2053(4) - acting under a name not listed on her real estate license and for identifying herself as a Brokerage Associate; and 54-2060(6) - acting as a real estate salesperson under an assumed name . She was given a Formal Reprimand, or-dered to pay a $1,500 civil fine, and is required to reimburse the Commission $450 in costs & attorney’s fees.Lighten, Matthew, salesperson in Boise . License suspend-ed by order of Health & Welfare 9/20/16 . License reinstat-ed 9/22/16 .Mizrahi, Michael, unlicensed individual . Mizrahi brokered a Jack in the Box restaurant in Nampa . He is unlicensed in the state of Idaho . Stipulated to violation of Idaho Code 54-2002 - unlicensed practice . Ordered to cease and desist from further unlicensed practice, ordered to pay a $2,000 civil fine, and must reimburse the Commission $450 for the costs & attorney’s fees .Panike, Craig A., revoked licensee . Staff discovered a se-quence of advertisements asking interested parties to call Panike, after his license was revoked . These were carryover listings that were his prior to revocation, and there was no new activity . Issued a Cease and Desist Order on 09/29/15 . Respondent filed Motion for Reconsideration. Staff filed

Motion to Withdraw the Order to Cease and Desist . On 11/19/15, the Commission granted the Motion to With-draw the Order to Cease and Desist, and Denied Motion for Reconsideration . Case was re-opened . Panike stipulat-ed to violation of Idaho Code section 54-2002 - unlicensed practice . He was ordered to cease and desist from further unlicensed practice; ordered to pay a $500 civil fine; and he must reimburse the Commission $1,700.00 for the costs & attorney’s fees .Ruiz, George A., inactive salesperson . License suspended by order of Health & Welfare 5/23/16 . License reinstated 10/18/16 .Sinclair, John T., associate broker in Coeur d’Alene . Sin-clair manipulated the MLS system by representing REO properties as having less bedrooms and bathrooms in an attempt to gain advantages for his own buyer clientele . Af-ter his buyers purchased the properties, they were relisted as having more bedrooms and bathrooms than the original advertisements indicated . Sinclair stipulated to violation of Idaho Code section 54-2060(11) - dishonest and dishonor-able dealing . Given a formal reprimand; ordered to pay a $1,000 civil fine; he must reimburse the Commission $450 for the costs & attorney’s fees; and he must successfully complete Risky Business 1 and Risky Business 2 within 6 months .Snyder, Shannon R., associate broker in Kooskia . She list-ed property on a form that failed to include the list price and term dates. When the seller asked why she could not find her property on the MLS, Snyder said she must not have looked correctly . The seller’s property was not entered into the MLS for six months. When she finally entered the list-ing, Snyder made up her own price, and it was not what the seller wanted . Snyder stipulated to violation of the follow-ing sections of Idaho Code: 54-2050(1)(a) & (c) - failure to include a conspicuous and definite beginning and expira-tion date and a price on the listing; 54-2087(1) - failure to perform the terms of the seller’s agreement as it pertains to MLS entry; 54-2087(2) - failure to exercise reasonable skill and care on behalf of her client; and 54-2087(4) - failure to promote the best interest of her client in good faith, hon-esty, and fair dealing . She was given a Formal Reprimand, ordered to pay a $1,500 civil fine, required to reimburse the Commission $450 for the costs & attorney’s fees, and must successfully complete a Post License Fundamentals class within 6 months .Wooten, Dustin J., salesperson in Twin Falls . License sus-pended by order of Health & Welfare 9/23/16 . License re-instated 9/27/16 .Zuber, Nicole E., salesperson in Boise . Zuber and her hus-band do business as The Zuber Group . This is a team name, and they are currently affiliated with Keller Williams Re-alty Boise . She stipulated to violation of Idaho Code 54-2053(4) - misleading advertising that failed to adequately display the name of her brokerage . She was given a Formal Reprimand, ordered to pay a $500 civil fine, and she must reimburse the Commission $450 for the costs & attorney’s fees .



DISCIPLINARY ACTIONS 11/1/16 - 4/30/17

FORMAL ACTIONS Castaneda, Alejandro “Alex” L., associate broker in Twin Falls . Castaneda was trying to sell a home with a bad roof . The lender required two expert certifications, or an escrow holdback to address the roof . Castaneda created some let-terhead, forged the signature of a roofing contractor, and submitted it to the bank so his buyer would not have to deal with the escrow holdback . The lender spotted the forg-ery, and the deal failed . Castaneda stipulated to the follow-ing violations of Idaho Code: 54-2051(4)(b)(c)(d) & (g) - failure to ensure specific information was included in the purchase and sale agreement; 54-2060(11) - dishonest and dishonorable dealings; 54-2060(12) - gross negligence or reckless conduct; 54-2087(2) - failure to exercise reason-able skill and care on behalf of his client; and 54-2087(4) - failure to promote the best interest of his client in good faith, honesty, and fair dealing . Disciplinary Hearing held on July 21, 2016 . Staff moved for license revocation . The Commission’s Final Order, dated August 15, 2016, revokes Castaneda’s broker’s license only . He is issued a salesper-son’s license . The salesperson’s license is suspended for a period of three years. Castaneda must pay a $5,000 civil fine, he must successfully complete Core 2016 and Core 2017, and must reimburse the Commission for the costs and attorney’s fees, amount TBD . Final Order on Costs & Attorney's fees entered on 10/04/16 . Castaneda must reim-burse the Commission $2,454.79 by 11/04/16. Castaneda appealed to district court . It was discovered that the Com-mission’s audio recording equipment failed, and Castaneda was granted a new hearing .Disciplinary hearing re-held on March 9, 2017 . Castane-da’s broker’s license is revoked . He is issued a salesper-son’s license and that license is suspended for 5 years . This suspension is withheld, providing Castaneda follows all the terms of the Final Order issued March 21, 2017 . He must pay a $5,000 civil fine within 30 days. He must successfully complete a live Business Conduct and Office Operations course and a Broker Law course . He must meet regular-ly with his designated broker and that broker must submit progress reports to the Commission for review . He must reimburse the Commission for costs and attorney’s fees of $7,553.44.Fisher, Steven W. “Stevie”, salesperson in Boise . Fisher moved his license to a brokerage outside the city he works in . The new broker gave Fisher eight brokerage signs to use until he could afford his own . The new designated broker decided he could not supervise someone from so far away, and gave Fisher a reasonable time to find a new brokerage. Fisher failed to find a new brokerage, and the broker inacti-vated his license . When the broker asked for his signs back, Fisher refused to return them for over two months . The broker filed a complaint with the Commission, and Fisher immediately returned the signs . Stipulated violation of Ida-ho Code sections 54-2056(5) - failure to return property of the broker upon his termination, and 54-2060(3) - failure to remit personal property coming into his possession which belonged to another . Given a Formal Reprimand, he must

pay a $500 civil fine, and he must reimburse the Commis-sion $450 for the costs and attorney’s fees.Jefferis, Kathleen Taylor, salesperson in Jackson, Wyo-ming . Staff discovered Jefferis operating under a different name than on her license on February 10, 2016 . Staff gave multiple opportunities for her to update her name, but Jef-feris did not follow through . This investigation was opened on March 31, 2016 . Jefferis legally changed her name in 2014, and failed to change her name with the Commission . She did not update her personal information until June 29, 2016 . Stipulated to violation of Idaho Code section 54-2018(9) - failure to update her personal information with the Commission within ten business days . Given a Formal Reprimand; required to pay a $500 civil fine, and she must reimburse the Commission $450 for the costs and attor-ney’s fees .Jeffries, Conrad Paul, salesperson in Boise . Jeffries pro-moted a property for the complainant, without first obtain-ing a listing for the property . When the complainant wanted to try something else, Jeffries demanded $500 for photog-raphy and his time . He threatened to lien the property if the monies were not paid . The complainant did not pay, and Jeffries placed a non-consensual common law lien on the property for $2,150. During the course of the investigation, Staff discovered that Jeffries was convicted of a felony DUI and failed to report this conviction within 20 days . He stipulated to violation of Idaho Code sections 54-2053(4) - misleading advertising by promoting a property he did not hold an active listing for; 54-2060(11) - dishonest and dishonorable dealings by filing the illegal lien against the seller’s property; 54-2061(1)(a) - conviction of a felony; 54-2061(3) - failure to report his felony conviction within 20 days; and 54-2085(1) - failure to provide a blue agency brochure to the seller . Given a Formal Reprimand; his li-cense is revoked but the revocation is withheld providing he follows all terms of the Final Order; he is required to self-report any probation violation within 20 days; he must pay a $3,500 civil fine; he must reimburse the Commission $450 for the costs and attorney's fees; and he must success-fully complete a Real Estate Law class within 6 months .McDonell, Rebecca A. “Beccie”, designated broker in Kuna . A buyer signed a representation agreement with a competing brokerage, and made an unsuccessful offer . Mc-Donell successfully encouraged this buyer to terminate his agreement with the other brokerage and sign an agreement with her . She stipulated to violation of Idaho Code section 54-2054(4) - interference with a contractual relationship between a broker and a client . Given a Formal Reprimand; she must pay a $2,500 civil fine; she must reimburse the Commission $450 for the costs and attorney’s fees; and she must successfully complete an Ethics Disclosure & Coop-eration Course within six months .Musick, Earl R., designated broker in Grangeville –Li-cense suspended 1/20/17 by order of H & W . License rein-stated 1/31/17 .Turner, Carolyn M., salesperson in Weiser . Turner listed a property and received an acceptable offer . After the home


Idaho Real Estate Commissionwas under contract, a competing offer arrived that the seller preferred. She tried to force the first position offer to raise their price to $8,000 more than the backup offer, and threat-ened cancellation if the first buyer would not. She relayed to the backup offer that the previous transaction failed to close on time, when the closing date had not been reached . The first buyer was forced to sue everyone, and did success-fully close their transaction . Turner stipulated to violation of Idaho Code sections 54-2060(12) - reckless conduct in a regulated real estate transaction; 54-2087(2) - failure to exercise reasonable skill and care on behalf of her seller client, 54-2087(4) - failure to promote the best interest of her seller client in good faith, honesty, and fair dealing; 54-2086(1)(b) - failure to promote customer duties for the first buyer with honesty, good faith, and fair dealing; and 54-2060(2) - continued or flagrant course of misrepresenta-tion . Given a Formal Reprimand; her license is revoked, but that revocation is withheld providing she complies with the terms of the Final Order . The Commission’s right to impose the revocation will expire 11/18/18 or upon full payment of legal fees, whichever is later; she is required to reimburse the Commission $5,000 for the costs and attorney’s fees; and she must successfully complete a Real Estate Contracts for Today’s Transactions within six months .

Late Errors & Omissions Insurance (LEO) - Civil fine for violation of Idaho Code 54-2013 - failure of a licensee to maintain Errors and Omissions insurance or failure of a licensee to submit or cause to be submitted a certificate of coverage as required. First time violation is $150; each subsequent violation is doubled .Anstett, Ryan N., salesperson in Coeur d’Alene - $150Badiola, Lori, salesperson in Nampa - $600Beynun, Cori, salesperson in Boise - $150Bricks & Sticks Real Estate Co., LLC, terminated com-pany - $150Carpenter, Bret, salesperson in Moscow - $150Clay, Brenda S., salesperson in Meridian - $1,200Clipson, Sherie, designated broker in Oldtown - $150Coronado, Monica, salesperson in Caldwell - $300Denniston, Heather, designated broker in Boise - $300Diedrich, William, salesperson in Boise - $150Dorathy, William E. “Bill”, salesperson in Boise - $150

Emery, Anastasia, inactive salesperson - $150Fackrell, Charlene, inactive broker - $300Finckel, Ann, salesperson in Victor - $150 Garrison, Jennifer J., inactive broker - $300Geston, Marijke, salesperson in Boise - $150Gildone, Richard, inactive salesperson - $150 Gouvea, Cori J., salesperson in Boise - $150Green, Tamra K., salesperson in Moscow - $150Ha, Ha Van “Linh”, salesperson in Boise - $150Harvey, Terri, inactive broker - $600Hogan, Heidi, salesperson in Twin Falls - $600IPG Commercial Real Estate, limited liability company in Salt Lake City, Utah - $150Johnson, Matt Wade, salesperson in Nampa - $300Johnstone, Kristi B. “Bryn”, salesperson in Caldwell - $300Kane, Bradley A. “Brad”, inactive salesperson - $300Kelly, Kelly R., salesperson in Hailey - $150Louden, Kitty, designated broker in Fish Haven - $150Lowery, William W. “Will”, designated broker in Boise - $150Marez, Tiffany, designated broker in Saint Anthony - $150Martinez, Maria, salesperson in Boise - $150Miles, Shelley R., salesperson in Malad - $150Miller, Jeremy J. Cruz, salesperson in Garden City - $150Neely, Daniel R. “Dan”, salesperson in Boise - $150Nielsen, Thirkle D., inactive salesperson - $300Osterholz, Michael L., salesperson in Moscow - $150Platinum Real Estate Group, LLC, limited liability com-pany in Providence, Utah - $150Rainbow Realty, terminated corporation - $150Real Estate By Design, LLC, limited liability company in Boise - $300Robb, Tiffany, inactive salesperson - $150Salian, Kimberly, inactive salesperson - $300Skandia Properties of America, Inc., corporation in Rig-by - $150Spencer, Tara, salesperson in Meridian - $150Stein, Melissa, salesperson in Twin Falls - $1,200Sweet, Saundra K., salesperson in Boise - $150Tanner, Brenda, designated broker in Boise - $600Thompson, Sandra M., salesperson in Coeur d’Alene - $150Tolman, Christopher H. “Chris”, inactive salesperson - $150Tri Star Realty, Inc., corporation in Boise - $600Villelli, Anthony, managing associate broker in Coeur d’Alene - $150

Time to renew yourErrors and Omissions Insurance!

Group Policy Expires September 30that 11:59 p.m. Mountain Time


Idaho Real Estate CommissionWatson, Thomas, salesperson in Spokane, Washington - $150Watt, Charles A. “Tony”, salesperson in Eagle - $150Wilson, Patrick, salesperson in Eagle - $300

=====================================Late Continuing Education (LCE) - Civil penalty for vi-olation of Idaho Code 54-2018(5) – submitting a license renewal application without having obtained the CE re-quired by Idaho Code 54-2023 . Adams, Jackie S., associate broker in Rigby - $250Arine, Shawna B., salesperson in Coeur d’Alene - $250Baird, Robyn R., salesperson in Meridian - $250Bird, Julie W., salesperson in Meridian - $25Bishop, William Scott, associate broker in Boise - $250Brown, Debra D., salesperson in Eagle - $300Clayton, Charles A. “Charlie”, salesperson in Garden City - $300Cockerham, Mickey, salesperson in Gooding - $700Colgan, Cameron J., salesperson in Eagle - $300Collins, Eddie Lee “Ed”, salesperson in Coeur d’Alene - $300Conner, Sean C., salesperson in Meridian - $300Crowder, Jed R., associate broker in Pocatello - $25Eynon, Teri Lin, associate broker in Garden City, Utah - $100Ferrigno, Leonard, designated broker in Clarkston, Wash-ington - $75Gemmel, Doug C., salesperson in Driggs - $25Gower, Adam C., salesperson in Boise - $300Hare, Susan, salesperson in Post Falls - $250Hjeltness, Melissa A., salesperson in Coeur d’Alene - $100Horn-Sullenger, Cynthia L “Cindy”, salesperson in Boi-se - $300Hunter, Jeffrey J., salesperson in Lewiston - $250Jeffries, Conrad P., salesperson in Boise - $800Johnson, August A., salesperson in Meridian - $350Johnson, Estella “Gay”, salesperson in Island Park - $25Kallas Jr., Dave W., associate broker in Meridian - $250Kane, Bradley A. “Brad”, inactive salesperson - $650King, Stacey Lee, salesperson in Meridian - $100Kirby, Jr., Ronald “Ron”, designated broker in Rochester, Minnesota - $75Kovacs, Bela Gregory, salesperson in Post Falls - $25Lete, Simon V., salesperson in Nampa - $475Lewis, Anthony J. “Tony”, salesperson in Boise - $500Lindley, Gregory M., salesperson in Eagle - $300Loosle, Jonathan W., salesperson in Meridian - $300

Lorenzen, Paul Thomas, designated broker in Nampa - $50Miles, James C. “Jim”, salesperson in Eagle - $450Morgan, Rachael Lee, salesperson in Idaho Falls - $300Palmer, Marcia A. “Marci”, salesperson in Meridian - $250Piva, Mira M., salesperson in Boise - $75Rangel, Erin A., salesperson in Caldwell - $100Rasmussen, Indiea, salesperson in Meridian - $100Ruttke, Tamara D., salesperson in Boise - $100Sanborn, Reid A., salesperson in Ketchum - $100Smith, Larry D., designated broker in Coeur d’Alene - $150Starr, Janet S., salesperson in Caldwell - $75Stevens, Kelley D., salesperson in Eagle - $275Tonkin, Paula Jean, salesperson in Meridian - $100Trujillo, Howard L., salesperson in Meridian - $800Van Tassell, Katie M., salesperson in Boise - $300Von Till, Kristin M., salesperson in Coeur d’Alene - $250Watson, Rita M., associate broker in Boise - $250Wheeler, Terra M., salesperson in Boise - $250Winn, Paula L., salesperson in Meridian - $150Woods, Michele L., salesperson in Boise - $125

=====================================Citations (CIT) – Citation stipulation and civil penalty fine for various Idaho Code violations found during an office inspection .Lampman, Colby, designated broker in Nampa - $75 Lee, Debbra, designated broker in Lewiston - $50

=====================================Late License Renewal or Activation (LLR) - Violation of Idaho Code 54-2002, 54-2018 and/or 54-2060(10) - con-tinuing to practice as a licensee after license expired or was inactivated. Designated brokers - $20 per day. All others - $10 per day.Faux, Monique L., salesperson in Coeur d’Alene - $520Fresh, Kirsten E., salesperson in Idaho Falls - $10Gardner, Karla K., salesperson in Boise - $10Lane, Yvette Y., salesperson in Ketchum - $170=====================================



Cindy Carlson; DB32698Cindy Carlson Realty

Kris Litzinger; DB25868TLC Realty, LLC

Helen A Cobler; DB16219United Realty, Inc

Kathy Weber; DB5142Re/Max Connections

William Morscheck; DB5636Coldwell Banker Tomlinson Associates

Gail A Byers; DB1159Gail Byers Real Estate

Sean Wilson; DB27993Latah Realty, LLC

Don Solberg; DB7475Solberg Agency IncPat Davis; DB1876

Better Homes and Gardens Real Estate Voigt Davis

Tracy Wohlschlegel; DB11686CENTURY 21 Greater LandCo Realty

Loretta Hartman; DB21527North Idaho Real Estate, LLCGary Schneidmiller; DB9956

Coldwell Banker Schneidmiller RealtyLora Davis; DB30249Silver Peaks Realty, Inc

Donna Clinton; DB21964Jackson Hole Sotheby’s International

Realty, LLCPat Krug; DB10724

Windermere/Coeur d’Alene Realty IncMike Anderson; DB22169

McCall Real Estate Company

Craig Johnson; DB4057Johnson & Co Real EstateMichelle Basye; DB8197

Brundage Realty, IncRonda Conger; DB23336

CBH Sales & Marketing Inc .Marianne Robinson; DB30300Robinson Premier Real Estate

Kim Stimpson; DB7641Assist 2 Sell Buyers & Sellers Realty

Arlene Gillispie; DB2779Realty World Horner West Real Estate Inc

Don Brandt; DB859Brandt Agency

Catharine Quinn; DB31789Hubble Homes, LLC

Jason McCurdy; DB28607Amherst Madison Partners

Nick Schlekeway; LC41031Amherst Madison LegacyNed W Johnson; DB9503

Realty One - Symphony Homes IncKatie Rosenberg; DB25065ASCENT Boise Real Estate

Andy Enrico; DB2282Andy Enrico And Company Real Estate

IncKealy Baughman; DB35734

Trail 27, LLC“Max” Coursey; DB27025

Tiger PropMark Templeton; DB38131Templeton Real Estate Group

“PJ “ Johnson; DB38763

208 Real Estate, LLC“Jill” Stone; MA517208 Real Estate, LLC

Koelean Lytle; DB4953Spring Creek Realtors

Sheree Nelson; DB17203Nelson Realty LLC

Kristin Hicks; DB27891Boise River Realty, LLC

Nikki Trautman; DB27027American Dream Real Estate, Inc

Mandi Riddle; DB32412Berkshire Hathaway HomeServices Idaho

Homes & PropertiesTeresa Holmes; DB37129

Direct Realty, LLCTracy Bixby; DB16733

Homeland Real Estate, IDMichael Wheelock; DB23523

Premier Properties Real Estate Co ., LLCDarsi Johnson; DB17874

ERA The BrokerageWerner Rosenbaum Jr; DB6843Re/Max Country Real Estate Inc

“Joe” Arellano; DB22196Quad Cities Realty

Paul F Kenny; DB4337Engel & Volkers Sun Valley

“Bud” Bolan; DB19941Keller Williams Realty Coeur d’Alene

Kimberley Boland; DB26506KRB Real Estate

Marcello Conigliaro; DB20412Northwest Realty Group

AUDIT HONOR ROLLJune 2016 - May 2017

The Idaho Real Estate Commission extends its deepest sympathies to the families of:

In MemoryGary B. Busch, AB1128 (Sun Valley)

Robert Louis Green, BR37384 (Oceanside, CA)

Calvin L. Harmon, DB3208 (Fruitland)

David Lowell O’Dell, SP25656 (Boise)

Todd Richard Schaefer, BR7027 (Boise)

John L. Stubblefield, DB7727 (Meridian)

Lloyd Fae Stubbs, SP17868 (Kuna)

Rolando J. Tenne, BR7877 (Boise)

Pamela I. Zulauf, SP23778 (Boise)



IDAHOREAL ESTATE COMMISSION

575 E . Parkcenter Blvd ., Suite 180Boise, ID 83706

The Real EstatementVol . 38, No . 1 - July 2017

The Real Estatement is an official publication published semiannually by the Idaho Real Estate Commission. Articles by outside experts express the author’s particular viewpoints . These opinions are not necessarily shared by the Commission and should not be mistaken for official policy. Reprint permission is granted provided credit is given to the Commission and the author . Any article separately copyrighted by its author(s) also requires permission from the other(s) . Costs as-sociated with this publication are available from the Idaho Real Estate Commission in accordance with Idaho Code 60-202/0717/12,200/429. Please advise the Commission office of any individuals with disabilities needing accommodation.

Idaho Real Estate Commission575 E . Parkcenter Blvd, Suite 180

Boise, ID 83706(208) 334-3285

(208) 334-2050 faxirec .idaho .gov

GovernorC .L . “Butch” Otter

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