What’s New at the Idaho Real Estate Commission The Real

Inside This IssueMeaningful Regulation . . . . . . . . . . . . . . . . . . . . 3Online Learning & Virtual Learning . . . . . . . . . . 4Keeping Current Information . . . . . . . . . . . . . . . 4ARELLO - What Is It . . .? . . . . . . . . . . . . . . . . . . 5Your License Number? . . . . . . . . . . . . . . . . . . . . 5What Would Education Do? . . . . . . . . . . . . . . . . 6Reinspection Clauses . . . . . . . . . . . . . . . . . . . . . . 6 Disciplinary Actions . . . . . . . . . . . . . . . . . . . . . . 7Audit Honor Roll . . . . . . . . . . . . . . . . . . . . . . . . 15In Memory Of . . . . . . . . . . . . . . . . . . . . . . . . . . 15

July 2020 The Real Estatement 1

What’s New at the Idaho Real Estate Commission

The Real Estatement Vol. 41, No. 2 July 2020

Comments From the Commission Chair

Jill StoneCommission Chair

With the changes that we have implemented in our business in the past 4 months, more buyers searching the internet for homes, meeting clients online and having virtual showings, electronic document signings and remote

closings, licensees are going into the office less and less. Buyers and sellers are also making less use of the brick and mortar real estate office. Whether you are working out of a home office all of the time or just part of the time, here are some tips and reminders to keep compliant with the law and remain successful in your real estate business .

First Things First• Get dressed just like you would if you were going into

the office to work • Keep regular work hours, be available• Make sure you have a work area, pick a place that will

be away from distractions, keep it clean• Don’t work from the couch, it’s a relaxation zone• Have reliable internet access and hardware• Check in with your customers and clients, broker,

whether by email or phone• Give clients and customers the choice to have live,

virtual or facetime showings, remember many do not have the personal technology, education and training required to conduct real estate online

• Keep your pulse on the market

Be Mindful of the Risks That May Arise From Working From Home• Be safe, do not meet clients at your home• Do not give out your address, have business mail

continue to go to the office• Take precautions if you are making videos for buyers or

for your seller’s home, do not video anything that may be considered personal information

• When you are participating in live video meetings from your home, make sure that you are not showing anything in the video that could put you or your family in danger

• When making videos – make sure you adhere to Fair Housing requirements

• Know who you are working with by using Zoom or other platforms to get to know customers and clients

• Ask for identification, a driver’s license, or picture ID• Do not get scammed, protect yourself and others• Take precautions, remind buyers and sellers that wire

fraud is real

And Remember ...Working from Home Does Not Alleviate Our Agency Duties• Give the agency disclosure brochure to a prospective

buyer or seller at the first substantial business contact (even when you are working remotely)

• When you are showing a property, remember not to allow anyone into the home without you . Allowing people to enter a home without anyone being there is failure to account for property

• Present all offers• Account for or remit any property, real or personal, or

moneys coming into the personal possession which belong to another

• Keep client information confidential. Shred documents with personal information

• Be available to receive and transmit all contractual paperwork to buyers, sellers, agents, and your broker

We have learned a lot about ourselves and about our real estate business. Some things in our businesses will change indefinitely, some will continue as before. I believe that our future in real estate is bright and we are so blessed to be able to live, work, and play in our beautiful state of Idaho!

Change with Confidence

2 The Real Estatement July 2020

Idaho Real Estate Commission

Administration: MiChell Bird - michell .bird@irec .idaho .govExecutive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 105

Jessica Valerio - [email protected] Assistant 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 110

Ron Bassett - ron .bassett@irec .idaho .govFinancial Specialist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 109

Enforcement:

Craig Boyack - craig .boyack@irec .idaho .govChief Investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 114

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

Nathan Svevad - nathan .svevad@irec .idaho .govInvestigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 113

Gayle Brixey - gayle .brixey@irec .idaho .govInspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 112

Kaylan Fowler - kaylan .fowler@irec .idaho .govAdministrative Assistant 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 108

Education & Licensing:

Melissa Ferguson - melissa .ferguson@irec .idaho .govEducation & Licensing Director . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 116

Jesama Rosensweig - [email protected] Technical Records Specialist 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 106

Kristine Boender - kristine .boender@irec .idaho .govCustomer Service Representative 1 . . . . . . . . . . . . . . . . . . . . .ext . 118

Saychelle Roberts - saychelle .roberts@irec .idaho .govAdministrative Assistant 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ext .103

Alice Young - alice .young@irec .idaho .gov Training Specialist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ext . 115

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

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

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

Jason AyersTJB Real Estate Counselors, Coeur d’[email protected](208) 818-5539

EDUCATION COUNCIL

Jill Stone208 Real Estate, Twin [email protected](208) 420-2685

Michael James JohnstonKeller Williams Realty East Idaho, Idaho [email protected] (208) 239-0356

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

Martin Espil, Public Memberespilmirec@gmail .com(970) 629-5266

Kim Cooper Select Brokers, Coeur d’Alenekim@kimcooper .com (208) 818-3939

COMMISSIONERS



The 2020 legislative year was filled with great success. I am privileged to be able to represent the Commission in this challenging but rewarding work . We started the process two years ago, with ideas originating from staff and Commissioners identifying outdated or restrictive law and from listening to the industry

concerns . The most impactful pieces are highlighted below .

Timely Submission of Documents by Agents to Designated BrokerSales associates are required to transmit all transaction

documents signed by a buyer or seller to the Designated Broker or broker’s office, prior to the end of the next business day . This includes all contracts, representation agreements, compensation agreements, or any other transaction documents. This change appropriately places the responsibility of correct document handling, not only on the Designated Broker, but on their agents as well .

Education Requirements The bill reduced the minimum course hour requirement

of accredited courses. Each certified elective course must contain at least one classroom hour—rather than the previous two-hour minimum . This will give busy agents the opportunity to get their elective credits in short classes, office meetings, or the popular “lunch and learn” format.

Remember, the requirement that all licensees have at least 2 unique Core classes and 12 hours of CE during each licensing period has NOT changed .

Meaningful Regulation

Gov2Go App

The new one-stop shop for all of your state government services .

See the link on irec .idaho .gov .

Marking Rejected Offers The requirement for Designated Brokers to clearly mark

and date any rejected offers was removed. Rather, the unexecuted contracts will speak for themselves . You must still submit the rejected offers to the Brokerage as Brokers are still required to retain the documents .

Brokers AvailabilityIn order to protect the consumer in a real estate transaction,

language was added in Idaho Code 54-2038 to clarify the broker’s responsibility to be reasonably available to the public to answer questions and complaints .

While the requirement of a broker’s physical presence in the office at certain intervals was eliminated, brokers are still required to properly supervise their sales associates . Regardless of the broker’s location, brokers must still maintain adequate, reasonable, and regular contact with sales associates engaged in transactions .

The passage of this legislation took a joint effort this year. I want to give a huge thank you to Representative Scott Syme for working with IREC to prepare and carry an even better piece of legislation than we originally proposed and Idaho REALTORS®, Max Pond who helped shepherd the process. Two other real estate industry members, Senator Chuck Winder and Senator Regina Bayer presented on the Senate floor with successful outcomes. And lastly, thank you to the Commissioners who supported these changes and represented them well to the legislators and industry .

Look for these changes and more in your 2020 version of the License Law and Rules booklet and please keep the great ideas coming the Commission’s way…meaningful regulatory reform can be a good thing!

MiChell BirdExecutive Director

Keep an eye out for the new

Idaho Real Estate License Law and Rules booklet coming

to you soon!



A lot of things can change in just a couple of months . We have quickly adapted to all kinds of changes in-cluding the way that we can take classes for real estate CE credit in Idaho .

Zoom has become a verb and that may not change even when readjust to whatever our new normal becomes. Inste-ad of “see you soon” we find ourselves saying “zoom you soon”.

Learning new platforms is always challenging but with that challenge comes opportunity . While online learning and virtual classrooms may not be the right fit for everyone, now might be the perfect time to give it a try .

What is the difference between “online” and “virtual” classrooms for CE in Idaho?

Online classes are available to take at any time through a CE provider certified in Idaho. This type of class comes with an ARELLO® online certification and requires online tests . Virtual classes taken electronically have the same re-quirements as live classes . In this format, students see the instructor and other students, and they see you . The classes require interaction and participation to receive credit along with various other criteria that must be met . Virtual class-rooms are required to have a moderator in addition to the instructor and the course will be recorded for the Commis-sion to review .

To get the best experience from online learning or a virtual classroom takes a little extra preparation. That preparation can go a long way to improving your CE experience.

Here are a few tips to enhancing the experience:

1 . Find a quiet space to take the class . Using a computer is preferable to using a cellphone. Smaller electronics will make it difficult to see slides or videos. IREC does not allow virtual classes to be offered on a cellphone.

2 . Test out your computer’s capabilities . Do you have a built in web cam, can you add one? "Just google," How to Improve Zoom Video and Audio Quality” or various related topics, to find best practices .

3 . Read and complete requirements for taking the class before the start of the class .

4 . Learn about the platform that the class will be given on . While Zoom is very popular, there are various

Georgia MeachamEducation Council

Chair

How to Get the Most Out of Online Learning and Virtual Learning

platforms providers use . 5 . Be prepared to engage and contribute to the class .6 . Be respectful of your instructor and fellow students .7 . Make sure that you have a way to take notes .8 . Give feedback to the instructor or course provider after

the course .And remember, this is new territory for all of us.

Be sure to check with the Real Estate Commission to make sure that the class you want to take will qualify for CE in Idaho. Even some NAR, CRS, WCR and other national designations may not qualify for CE in a virtual platform setting unless all the Idaho qualifications have been met. Qualifications vary state by state.

There is a learning curve that comes with new experiences . The virtual classroom delivery is new for our instructors and new for our students . Rest assured, we are all in this together, working to provide the highest level of education possible to support and protect real estate clients and custo-mers in Idaho .

Don’t forget “difficult roads often lead to beautiful destina-tions.” Keep Going.

Jesama RosensweigTechnical Records

Specialist II

Keeping Information

Current

Feel like you are listening to a broken record or reading the same thing over and over? Well, that’s

because it is your responsibility as a licensee to make sure the Commission has the most current information on file for you for your individual license on active or inactive status or brokerage .Individual Licensees:You are required to update any changes to your personal

information within 10 business days . Changes to your phys-ical address, mailing address, phone, etc . can be easily ac-complished by logging into your account through the IREC Online Services. It is also the only way it can be done.Physical address must be on file with the Commission. A

PO Box is not a valid physical address and cannot be used as such. Mailing addresses can be different from your phys-ical address and will be used by IREC to send the renewal notice, License Law book, Real Estatement (yes, even this

(continued on page 5)



Melissa FergusonEducation & Licensing

DirectorIdaho Code 54-2036(2)(e) re-

quires that all distance education (i .e . online) courses approved for CE credit in Idaho be certified by ARELLO® . So just what is ARELLO® . anyway?

ARELLO® . is the Association of Real Estate License Law Offi-

cials, an international trade association of real estate regu-lators .

Simply put, ARELLO® . is the trade organization that IREC Commissioners and Staff join to collaborate with our counterparts in other states . It might be helpful to think of it this way . ARELLO® . is to the Commission as the REAL-TOR® . organization is to real estate licensees .

And why does it matter to me?

ARELLO® . has a variety of programs and resources that benefit Idaho licensees. A few of these are:

• Commissioner College

• Investigator and Auditor Resources, including a Cer-tified Real Estate Investigator designation

• Exam Accreditation for real estate licensing exams

• Distance Education Certification Program

• Committees like Fair Housing, License Portability, Technology and Communication, and more

• Resource materials and monthly newsletters

One resource that impacts you directly is the Distance Education Certification program. This program creates as-surance that licensees taking online courses are receiving the same quality of education that they receive from our live Idaho course providers. It allows Commission Staff to focus on the content of courses, which reduces overhead cost and administrative burden . It also creates additional course options for licensees who want to take their educa-tion online .

What’s the takeaway for you?

All online courses included on the Education Lookup on the Commission website are ARELLO® certified. If you are going to take an online course that is not listed in this database, find out before you invest in it if it can be counted for CE credit in Idaho .

ARELLO® - What Is It and Why Does It Matter to Me?

one) along with any other correspondence the Commission sends . The brokerage address is no longer used, so to ensure you are getting any and all correspondence please make sure your information is up to date .Go by a nickname? Make sure that nickname has been

filed with IREC and complies with Guideline #13. If you want to add a nickname that has not previously been filed, please submit the Notice of Name Change form to licensing@irec .idaho .gov .Changed your legal name? You must file your new legal

name with IREC by filling out the Notice of Name Change form and submitting it with all required attachments .Brokers with companies:Company changes must be done immediately, there is no

grace period! Changes to office location, mailing address and phone numbers can be accomplished through the IREC Online Services under the Designated Broker’s account. If the Commission receives returned mail for a company, that company will automatically be terminated, and all licensees associated with the company will be inactivated .Companies (corporations, limited liability companies,

limited partnerships, etc .) must be registered with the Idaho Secretary of State’s Office (SOS). This also includes any brokerages operating under an assumed business (DBA) name. If your company is dissolved by the SOS, your com-pany may be terminated under Idaho Code 54-2016 (1)(d) and (g)) . You may also be turned over to the IREC Enforce-ment Department for misleading advertisement under Ida-ho Code 54-2053(4) if you continue to act under the com-pany name .Sole Proprietorships are not considered legal business en-

tities and don’t have to be filed with the SOS unless you plan to use an assumed business (DBA) name . Adding Re-alty, Real Estate, Brokerage, etc . to your legal name is con-sidered an assumed business (DBA) name and you must file with the SOS prior to submitting the application to IREC.Changes to the type of company will require a new appli-

cation being submitted to IREC with required attachments and a new license number will be issued .So, save yourself from extra work down the road by taking

a few moments to check and update as necessary .

(continued from page 4)

All time high - 14,074 Total Licensees



Q: I was recently arrested for _____ . Do I need to report this to the Commission?

A: Idaho Code 54-2061 (1) states: The commission may also take disciplinary action against a licensee including, but not limited to, suspension or revocation of a license, where, in a court of competent jurisdiction, the licensee:

a . has been convicted of a felony, or has been con-victed of a misdemeanor involving fraud, misrep-resentation, or dishonest or dishonorable dealing or which otherwise demonstrates the licensee’s lack of trustworthiness to engage in the real es-tate business;

b . has been declared to lack capacity or to be incom-petent or under an infirmity, for the duration of such declaration only;

c . has a judgment entered against the licensee in a civil action upon grounds of fraud, misrepresen-tation, deceit or gross negligence with reference to a real estate-related transaction .

This means while a licensee must report a felony DUI conviction, they do not have to report a misdemeanor DUI conviction . However, a misdemeanor conviction of petty theft would need to be reported to the Commission .

It is worth noting a licensee must report the conviction, not the arrest . This must occur within 20 days of the con-viction. Notification means forwarding conviction doc-uments to the Commission, not a short telephone call or quick email to Commission staff.

Certain judgements against a licensee in civil actions must also be reported. A judgement in a civil action brought by a creditor likely does not need to be reported . A judgement in a civil action brought be a former client who alleged fraud, misrepresentation, etc . would need to be reported .

What Would Enforcement Do?

After spending 13 years at the Commis-sion solving ALL of our IT problems . . .

IREC wishes William Robinson

Good Luck on his

Future Endeavors!

When asked for their real estate license number, few licensees have it memorized or can locate it

quickly . And even fewer are aware of the extra work that they can potentially create for themselves by not knowing it . Your license number is one of two ways that IREC can identify you . Do you think your name is the other? You would be incorrect . Your license number and social security number are the only ways that your education record can be updated . It is very important to know your license number and to provide it when taking continuing education classes .

You spend a minimum of 18 hours in CE classes every licensing period . That is a lot of time to invest and a lot of time away from clients! Why risk letting someone else get credit for your precious time? That is a risk you take when you do not provide your license number while registering for, or signing in at, a CE class . The CE provider should always use your license number to report your attendance at a CE class . However, if they do not have it, they may do a name search instead . This is why it is so important to always use your full legal name to register or sign in for a class . If you use a nickname, or share a name with another licensee, there is a chance they will be the one reported by the CE provider instead of you .

Let’s pretend that you register or sign in for class as Larry Q Lister, but your legal name is Laurence Qualified Lis-ter . There is a good chance that another Larry Lister, at the brokerage down the road, may be the agent credited with attending class . Unfortunately, you may not notice the error until you get a CE Audit Letter from IREC . The burden then falls on you to prove that you attended the class and are compliant with Idaho license law. You will have to find your certificate of completion for the class and transmit it to IREC. Then you have to contact the CE provider to find out why they didn’t give you credit and request that they report you . That seems like a lot of time and hassle compared to taking 3 seconds to type in your license number while reg-istering or to write your license number next to your name on the class sign in sheet .

To find your license number go to irec .idaho .gov . IREC launched a new website on November 1st and locating your license number is a great reason to check it out, if you ha-ven’t already . Click on the blue License Lookup button on the right-hand side . Enter your name . Your license number and type, status, and expiration date will appear .

Saychelle RobertsonsAdministrative

Assistant 2

What’s Your License

Number?



Reinspection Clauses

We’ve been getting a lot of com-plaints at the Commission about Sellers who fail to adequately complete repairs they agreed to in the repair addendum . In some cases, they didn’t even try .

These complaints always seem to focus on the licensee who didn’t ensure the repairs were completed properly . Buyers or sellers typically find a way to accuse the licensee of an “error or omission,” and state that their “interest was not adequately represented.” Modern consumers tend to do some research and weave these buzzwords in with a reason .

Staff understands that licensees are not general contrac-tors, and it isn’t your job to become one and marshal the various repairmen around the property . Actually, that’s the seller’s job. The only reasons we might look at these com-plaints is if there appears to be a non-disclosure of an ad-verse material fact, or some evidence that a licensee did contract to provide this service .

Our understanding at IREC doesn’t protect you from a lot of heartache, like being sued . There is a better way to han-dle some of these repair issues .

Let me outline a situation . You take your buyers to a prop-erty; they love it and want to make an offer. These buyers are not sophisticated enough to spot many problems, so they hire a home inspector .

Let’s assume the inspector finds something wrong. Maybe it’s the HVAC system, or the roof . For the purposes of my story, it’s the circuit box .

You fill out a repair addendum and send it to the seller, who agrees to repair the circuit box . This is where things tend to fall apart .

Craig Boyack - Chief InvestigatorThe most commonly used forms provide the buyers an op-

portunity for a walk-through prior to closing. Some provide for two such visits to the property . Ponder this: The buyers weren’t sophisticated enough to notice the circuit box need-ed attention in the first place. How did they suddenly glean enough knowledge to assess the quality of the repair?

Hopefully, I have you thinking . We’re going to rely upon your expertise to make things better . You can write a rein-spection clause into the repair addendum before it’s even presented . This clause should spell out who will do the rein-spection, limit it to those repair items requested, and define who will pay for this service . Add in some notice require-ments for the seller, and a time frame for the visit after the buyer is notified the repairs are finished.

A reinspection shouldn’t cost nearly as much as a full in-spection . If you think about it, typically the same inspector going back to look at the one item the buyers asked for . In this case, it’s a circuit box .

What you’ve just done is give the principals a way to an-swer all the questions . There are performance dates, expec-tations, and everything else . If the consumers fail to live up to the reinspection clause—they signed and agreed to, it makes it much harder for them to point the finger at you once they decide they’re unhappy .

You’re still allowed to recommend and suggest contrac-tors and handymen . You can watch the contract dates and suggest extensions as needed . This is what licensees are good at, but the decisions and performance belong to the buyer and seller .

A Reinspection Clause is a neat tool . It might keep a few cases out of Small Claims Court, your Errors & Omissions provider will thank you, Staff at the Commission will thank you, and you might even keep a few of those sellers honest if they know a professional is going to review their work .

REMINDER!RISC Errors & Omissions Policy Expires September 30, 2020

*Renew no later than 9/30/2020 at 11:59 p.m. MT*




Formal Actions Affiliated Business Consultants (Unlicensed): Affiliated engaged in a course of unlicensed practice that involves listing Idaho properties for sale, collecting a partial fee, then qualifying buyers and accepting another fee upon closing . They were disciplined for this previously (2017) . Staff found eight new properties being advertised since the 2017 action. Stipulated to violations of Idaho Code Sections 54-2002 for unlicensed practice. 54-2060(10) for failure to comply with two previous Final Orders which required them to Cease & Desist from unlicensed practice, to pay a $3500 civil fine, and to pay costs and attorney’s fees of $9557 .54 . 54-2067 for failure to comply with the Cease & Desist Order. Affiliated is ordered to Cease & Desist from further unlicensed practice, to pay a $5000 civil fine, and to reimburse the Commission $450 in costs and attorney’s fees .

Andersen, Jason B., salesperson in Boise, Andersen presented an offer on behalf of a client to a competing brokerage who had the home listed. This offer required the buyer to deliver $1000 earnest money within three days of acceptance. The earnest money was identified as being “cash, check, personal check, cashier’s check, and wire transfer,” which is not possible. Andersen failed to open escrow until nearly the projected closing date, then asked for a rush on the closing . When the preliminary closing statements came out, he discovered his buyer never placed the earnest money . The buyer walked away from the transaction, and the seller is forced to pursue an action to recover the promised earnest money. Stipulated to violation of Idaho Code Sections 54-2086(1)(a) for failure to ensure the earnest money was deposited with the title company, and failure to open escrow in a timely manner . Andersen is Formally Reprimanded, required to pay a $1000 civil fine, and must reimburse the Commission $450 in costs & attorney’s fees . Additionally, he is required to successfully complete a Business Conduct and Office Operations class within six months .

Any Credit Boise (Unlicensed): Hall, acting as Any Credit Boise, was issued a Cease & Desist Letter on June 2, 2017, for unlicensed practice by acting as a dealer in options . Our newest complainant contacted Hall based upon an advertisement he places . They were looking for a lease with option to purchase . Hall entered into a contract with them; whereby they placed $15,000 down on the property and would lease it for $1900 per month . $400 of each monthly payment would be credited to the purchase price . The property went through foreclosure, and the monies were lost. Staff contacted the true owner of the property, and they never received any monies from Hall, and lost over $20,000. Staff went through an inordinate number of steps to get Hall to respond to the allegations, but he never did . These include mailing, a sequence of telephone numbers, and even hiring a skip tracer . Hall never responded to the allegations. Staff had Hall served with a Complaint on November 14, 2019 . Hall never responded to the Complaint, and on December 30, 2019,

the Commission served him with a Notice of Proposed Default Order . Hall failed to respond to this Notice either, and on January 23, 2020, the Commission entered a final order finding him in violation of Idaho Code Section 54-2002 for unlicensed practice . He is ordered to Cease & Desist from unlicensed practice, is required to pay a $5000 civil fine, and must reimburse the Commission $700 in costs and attorney’s fees .

Bender, Andrew (Unlicensed): Bender is licensed in Michigan, but not in Idaho. He is affiliated with Fortis Net Lease who are also not licensed in Idaho . Fortis listed Camping World, in Idaho Falls with exclusive right and authority to sell the property . Fortis advertised Camping World on Loopnet . This ad included Robert Bender, Andrew Bender, and Doug Passon as the points of contact, and exclusive agents for the property . After the fact, Fortis contacted an Idaho broker to serve as “broker of record.” The Idaho broker did an outstanding job of informing Fortis that the “broker of record” concept is not sufficient in Idaho . He also told them about Idaho’s Cooperative Broker’s license, and provided an FAQ published by the Commission. Fortis filled out the application, and Passon signed it as Principal Broker, but the application was never submitted to the Commission. When notified of our investigation, Fortis cancelled the listing. Stipulated to violation of Idaho Code Section 54-2002 for unlicensed practice . Andrew Bender is ordered to Cease & Desist from unlicensed practice in Idaho . He is required to pay a $1500 civil fine and must reimburse the Commission $450 for the costs and attorney’s fees .

Bender, Robert (Unlicensed): Bender is the managing partner and co-founder of Fortis Net Lease, in Michigan . Bender and Fortis Net Lease are not licensed in Idaho . Fortis Net Lease listed Camping World, in Idaho Falls with exclusive right and authority to sell the property . Bender and Fortis advertised Camping World on Loopnet . This ad included Bender, Andrew Bender, and Doug Passon as the points of contact, and exclusive agents for the property . After the fact, Fortis contacted an Idaho broker to serve as “broker of record.” The Idaho broker did an outstanding job of informing Fortis that the “broker of record” concept is not sufficient in Idaho. He also told them about Idaho’s Cooperative Broker’s license, and provided an FAQ published by the Commission. Fortis filled out the application, and Passon signed it as Principal Broker, but the application was never submitted to the Commission . When notified of our investigation, Fortis cancelled the listing. Stipulated to violation of Idaho Code Section 54-2002 for unlicensed practice . Robert Bender is ordered to Cease & Desist from unlicensed practice in Idaho . He is required to pay a $1500 civil fine and must reimburse the Commission $450 for the costs and attorney’s fees expended in this Administrative Action . Robert Bender is also jointly and severally liable for any fines assessed against Fortis Net Lease, and their portion of the costs and attorney’s fees .

DISCIPLINARY ACTIONS 11/01/19 - 4/30/20




(continued from page 8)Budwee, Richard M. Jr. (SP39503): Budwee represented the buyer in a successful transaction . Prior to closing he asked the listing agent if his clients could move some things into the property and take possession . The listing agent told him to wait until she could ask her clients . Approximately one hour later, the listing agent responded back that the sellers were not comfortable with that and told them to wait for recording . The next morning, the listing agent went to the property to pull her lockbox. She found the house full of the buyer’s possessions with clear evidence of occupancy . She provided five photographs with her complaint. Budwee stipulated to violations of Idaho Code Sections 54-2060(3) for failure to account for property coming into his possession, 54-2060(12) for reckless conduct when he ignored the response from the sellers, and 54-2086(1)(c) for failure to account for property on behalf of his seller customer . Final Order entered on May 21, 2020 . Budwee is formally reprimanded . He is required to pay a $1000 civil fine and must reimburse the Commission $450 in costs and attorney’s fees . He is further ordered to successfully complete a Risky Business 1 class and a Risky Business 2 class within six months .

Chalkus, Sarah L. (SP47753): Chalkus co-listed her own home with Jennifer Weiss . There were two negotiations in the works at the same time. They presented a backup offer addendum to one of the buyers before there was an accepted offer on the property. These buyers ceased negotiations. The other offer was with a buyer they procured and this one was accepted . During the transaction, Mrs . Buyer stepped out of the transaction and was replaced by her own mother . The addendum perfecting this change was not signed around for a number of weeks . Additional addenda were signed around by the substitute buyer, before she gained the right to accept anything. Stipulated to violations of Idaho Code Sections 54-2051(4)(f) for failure to obtain all required signatures in an addendum that replaced on buyer with another, and 54-2060(12) Gross negligence or reckless conduct for submitting a backup offer addendum when there was no previously accepted offer on the property. Final Order entered on May 21, 2020 . Chalkus is formally reprimanded, she is required to pay a $1500 civil fine, must reimburse the Commission $450 in costs and attorney’s fees expended in this Administrative Action, and must successfully complete a Real Estate Contracts for Today’s Transactions course within six months .

Cole, Lance (SP22971): Cole was convicted of DUI for the third time in ten years, making it a felony. He notified the Commission of his conviction within the twenty-day required period. Stipulated to violation of Idaho Code Section 54-2061(1)(a) for conviction of a felony. He is formally reprimanded . His license is suspended for a period of three years, but that suspension is withheld, provided he comply with all terms of his criminal probation, and self-report all probation violations to the Commission within ten days . The ability to impose the withheld suspension, in its entirety, will expire one day after Cole completes all terms of his criminal probation.

Coventry Homes and Estates (Unlicensed): Spencer is licensed in California, and owns a brokerage called Coventry Homes and Estates . They are not licensed in Idaho . He registered himself with a builder to broker a new home for his son. In the registration form he confirmed that

he was licensed in Idaho and was the procuring cause for the transaction. He then prepared an offer for his son and represented that he was licensed in Idaho . This transaction successfully closed and Spencer, through his unlicensed company, collected a sales commission . During the course of investigation, Staff discovered an older transaction; whereby, Spencer did substantially the same thing on behalf of his aunt with a different builder. His response to the investigation revealed his belief that he did not need a license when acting for a relative. Stipulated to violation of Idaho Code Section 54-2002 for unlicensed practice. Coventry Homes and Estates are ordered to Cease & Desist from unlicensed practice . They are required to pay a $1000 civil fine, and to reimburse the Commission $225 in costs and attorney’s fees . Coventry Homes and Estate are jointly and severally liable for the payment of any fine assessed to Braden Spencer.

Davis, Steven (Unlicensed): Davis is the designated broker of Retail Investments Group (RIG), and both are licensed in Arizona . They are not licensed in Idaho . RIG procured the listing of a Chili’s Grill & Bar in Pocatello . Davis signed the listing on behalf of RIG . This listing included the name of an Idaho licensed broker as the “Broker of Record.” This contract provided for a sales commission upon successful closing . RIG advertised this listing on Loopnet, and included the names of Sean Stephenson, Mark McLoone, and Davis as the points of contact . This advertisement noted that RIG was the exclusive listing agent for the restaurant . A second Idaho Broker reached out to RIG, providing them detailed information about Idaho’s Cooperative Broker license, and offered to serve as their designated broker for this transaction . This contact was completely ignored . During the course of the investigation, RIG provided a Cooperative License Application as evidence to the investigator . This application was never submitted to obtain licensure and was incomplete . Davis Stipulated to violation of Idaho Code Section 54-2002 for unlicensed practice . Davis is ordered to Cease & Desist from unlicensed practice . He is ordered to pay a $2000 civil fine, and to reimburse the Commission $450 for the costs and attorney’s fees expended in this Administrative Action. Davis is jointly and severally liable for the payment of all fines assessed to Retail Investments Group, and for their portion of the costs and attorney’s fees .

Franz, Randall A. (BR16807): Franz was convicted of Bankruptcy Fraud in April of 2018, a felony . He was sentenced to eight months in prison and three years of supervised release, in addition to $205,084 .79 in restitution . During the course of its investigation, Staff discovered several instances of misleading advertising . This matter was set for a Formal Hearing, and the Hearing Officer delivered his “Amended Memorandum Decision, Findings of Fact and Conclusions of Law,” on October 15, 2019. The Commission considered these findings at the December 19, 2019, Commission meeting and adopted the Findings of Fact as their own . Franz is in violation of Idaho Code Sections 54-2053(4) for misleading advertising, and 54-2061(1)(a) for his felony conviction . Final Order Entered on December 31, 2019 . Franz is formally reprimanded . His real estate license is revoked, and he is ordered to reimburse the costs & attorney’s fees expended in this Administrative Action, in the amount of $7,326 .10 .


Idaho Real Estate Commission(continued from page 9)


Fortis Net Lease (Unlicensed): Fortis Net Lease are licensed in Michigan, but not licensed in Idaho . Fortis Net Lease listed Camping World, in Idaho Falls with exclusive right and authority to sell the property . Fortis advertised Camping World on Loopnet . This ad included Robert Bender, Andrew Bender, and Doug Passon as the points of contact, and exclusive agents for the property . After the fact, Fortis contacted an Idaho broker to serve as “broker of record.” The Idaho broker did an outstanding job of informing Fortis that the “broker of record” concept is not sufficient in Idaho. He also told them about Idaho’s Cooperative Broker’s license, and provided an FAQ published by the Commission. Fortis filled out the application, and Passon signed it as Principal Broker, but the application was never submitted to the Commission . When notified of our investigation, Fortis cancelled the listing. Stipulated to violation of Idaho Code Section 54-2002 for unlicensed practice . Fortis Net Lease is ordered to Cease & Desist from unlicensed practice in Idaho . They are required to pay a $1500 civil fine and must reimburse the Commission $450 for the costs and attorney’s fees expended in this Administrative Action . Fortis Net Lease are also jointly and severally liable for any fines assessed against Robert Bender, and his portion of the costs and attorney’s fees .

Ghent, Jaret L. (DB26106): Ghent failed to complete his continuing education prior to license renewal . He was presented with a form stipulation that would allow him to avoid the potential assessment of costs and attorney’s fees . Ghent refused to enter into this stipulation. Staff opened a prosecution and Ghent was served with the Complaint on February 24, 2020 . He failed to respond to the Complaint, so Staff sent him a Notice of Proposed Default Order on March 23, 2020 . Ghent failed to respond to this notice, and the matter was placed before the Idaho Real Estate Commission on May 21, 2020. A Final Order was entered, finding Ghent in violation of Idaho Code Section 54-2018(5) for failure to complete his continuing education prior to renewal, and 54-2060(7) for filing a false application with the Commission when he certified his education was complete during the renewal process . He is formally reprimanded, he is ordered to pay a $650 civil fine, and must reimburse the Commission $750 in costs and attorney’s fees expended in this Administrative Action .

Hall, James (Unlicensed): Hall was issued a Cease & Desist Letter on June 2, 2017, for unlicensed practice by acting as a dealer in options . Our newest complainant contacted Hall based upon an advertisement he places . They were looking for a lease with option to purchase . Hall entered into a contract with them; whereby they placed $15,000 down on the property and would lease it for $1900 per month . $400 of each monthly payment would be credited to the purchase price . The property went through foreclosure, and the monies were lost. Staff contacted the true owner of the property, and they never received any monies from Hall, and lost over $20,000. Staff went through an inordinate number of steps to get Hall to respond to the allegations, but he never did . These include mailing, a sequence of telephone numbers, and even hiring a skip tracer . Hall never responded to the allegations. Staff had Hall served with a Complaint on November 14, 2019 . Hall never responded to

the Complaint, and on December 30, 2019, the Commission served him with a Notice of Proposed Default Order . Hall failed to respond to this Notice either, and on January 23, 2020, the Commission entered a final order finding him in violation of Idaho Code Section 54-2002 for unlicensed practice . He is ordered to Cease & Desist from unlicensed practice, is required to pay a $5000 civil fine, and must reimburse the Commission $700 in costs and attorney’s fees .

McLoone, Mark (Unlicensed): McLoone is licensed in Arizona where he is affiliated with Retail Investment Group (RIG) . He is not licensed in Idaho . RIG procured the listing of a Chili’s Grill & Bar in Pocatello . Davis signed the listing as the designated broker of RIG . This listing included the name of an Idaho licensed broker as the “Broker of Record.” This contract provided for a sales commission upon successful closing . RIG advertised this listing on Loopnet, and included the names of Sean Stephenson, Mark McLoone, and Davis as the points of contact . This advertisement noted that RIG was the exclusive listing agent for the restaurant . A second Idaho Broker reached out to RIG and McLoone, providing them detailed information about Idaho’s Cooperative Broker license, and offered to serve as their designated broker for this transaction . This contact was completely ignored . During the course of the investigation, RIG provided a Cooperative License Application as evidence to the investigator . This application was never submitted to obtain licensure and was incomplete. McLoone Stipulated to violation of Idaho Code Section 54-2002 for unlicensed practice . McLoone is ordered to Cease & Desist from unlicensed practice. He is ordered to pay a $500 civil fine, and to reimburse the Commission $450 for the costs and attorney’s fees .

Mitchell, Chad M. (SP46290): Mitchell represented a buyer in a transaction that needed some repairs . After the repair addendum was sent, the seller and seller’s agent made a counter proposal in writing . Mitchell failed to present this addendum to his buyer . The buyer asked repeatedly for proof the repairs were completed, but he simply assured her they were . None of the repairs were completed, and an inspection after closing revealed the flaws. Stipulated to violations of Idaho Code Sections 54-2087(2) for failure to exercise reasonable skill and care . 54-2087(3) for failure to be available to the client to receive and present all written offers and counteroffers. And 54-2087(4) for failure to promote the best interest of the client in good faith, honesty, and fair dealing . Final Order entered May 21, 2020 . Mitchell is formally reprimanded . He is required to pay a $500 civil fine. He must reimburse the Commission $600 in costs and attorney’s fees, and must successfully complete Risky Business 1, Risky Business 2, and A New Look at Contract Law classes within six months .

Nelson, Zachary P. (SP43324): Nelson was convicted of two felony drug charges in two different counties. He failed to report these convictions to the Commission, and failed to cooperate with the Commission’s investigation. Stipulated to violations of Idaho Code Sections 54-2058(3) for failure to cooperate with the investigation, 54-2061(1)(a) for being convicted of two felonies, and 54-2061(3) for failure




(continued from page 10)to report the convictions to the Commission . Final Order entered May 21, 2020 . Nelson is formally reprimanded, his license is revoked, and he must reimburse the Commission $600 for the costs and attorney’s fees expended in this Administrative Action .

Passon, Douglas (Unlicensed): Passon is licensed in Michigan, but not in Idaho. He is affiliated with Fortis Net Lease who are also not licensed in Idaho . Fortis listed Camping World, in Idaho Falls with exclusive right and authority to sell the property . Fortis advertised Camping World on Loopnet . This ad included Robert Bender, Andrew Bender, and Doug Passon as the points of contact, and exclusive agents for the property . After the fact, Fortis contacted an Idaho broker to serve as “broker of record.” The Idaho broker did an outstanding job of informing Fortis that the “broker of record” concept is not sufficient in Idaho . He also told them about Idaho’s Cooperative Broker’s license, and provided an FAQ published by the Commission. Fortis filled out the application, and Passon signed it as Principal Broker, but the application was never submitted to the Commission. When notified of our investigation, Fortis cancelled the listing. Stipulated to violation of Idaho Code Section 54-2002 for unlicensed practice . Douglas Passon is ordered to Cease & Desist from unlicensed practice in Idaho . He is required to pay a $1500 civil fine and must reimburse the Commission $450 for the costs and attorney’s fees .

Retail Investment Group (Unlicensed): Davis is the designated broker of Retail Investments Group (RIG), and both are licensed in Arizona . They are not licensed in Idaho . RIG procured the listing of a Chili’s Grill & Bar in Pocatello . Davis signed the listing on behalf of RIG . This listing included the name of an Idaho licensed broker as the “Broker of Record.” This contract provided for a sales commission upon successful closing . RIG advertised this listing on Loopnet, and included the names of Sean Stephenson, Mark McLoone, and Davis as the points of contact . This advertisement noted that RIG was the exclusive listing agent for the restaurant . A second Idaho Broker reached out to RIG, providing them detailed information about Idaho’s Cooperative Broker license, and offered to serve as their designated broker for this transaction . This contact was completely ignored . During the course of the investigation, RIG provided a Cooperative License Application as evidence to the investigator . This application was never submitted to obtain licensure and was incomplete . Retail Investment Group Stipulated to violation of Idaho Code Section 54-2002 for unlicensed practice . Retail Investment Group are ordered to Cease & Desist from unlicensed practice . They are ordered to pay a $2000 civil fine, and to reimburse the Commission $450 for the costs and attorney’s fees expended in this Administrative Action . Retail Investment Group are jointly and severally liable for the payment of all fines assessed to Steven Davis, and for his portion of the costs and attorney’s fees .

Rinehart, April A. (SP28881): Rinehart was involved in a transaction as the buyer’s agent. This was a difficult transaction and involved extensive repairs and a seller rent-back for a period of time . $5000 was held back from the sellers to provide for repairs, and the title company would

pay invoices from these funds . Buyer and seller signed an agreement that after the bills were paid, the remaining funds would be released to the seller, provided all parties sign a release document . After the transaction closed, the seller relayed to Rinehart that the repairs had been completed . The buyer were unhappy with the work and disputed the release of holdback funds . Rinehart instructed the title company to release the remaining fund of $1232 .99 to the sellers. This is in direct conflict with the signed agreement about how these funds were to be handled . Rinehart said she had a document signed by everyone, then delayed Staff in obtaining this evidence for over a month. She finally admitted the principals did not sign a release. Staff requested copies of the invoices for the completed work . Rinehart then delayed Staff over another month before she provided this evidence. Stipulated to violations of Idaho Code Sections 54-2058(3) for failure to provide Staff with relevant documents in her possession in a timely manner, 54-2086(1) for failure to act with honesty, good faith, and reasonable skill and care on behalf of the seller customer, and 54-2087(2) for failure to exercise reasonable skill and care on behalf of her buyer client . Final Order issued May 21, 2020. Rinehart is formally reprimanded. She is required to pay a $1500 civil fine and must reimburse the Commission $450 in costs and attorney’s fees. She must also successfully complete Risky Business 1 and Risky Business 2 courses within six months .

Roberts, Michael J. (SP28299): Roberts was convicted on one count of Failing to Assess Taxable Income, a Felony . He timely reported this conviction to the Commission within 20 days. Stipulated to violation of Idaho Code Section 54-2061(1)(a) for the conviction of a felony. Final Order entered March 9, 2020 . Roberts is formally reprimanded . His license is revoked, but the revocation is withheld provided he not commit any additional crimes or violate any provisions of the Idaho Real Estate License Law . The ability to impose the revocation expires one day after his release from all terms associate with his criminal conviction . Roberts is required to self-report any parole or probation violations within 20 days . He must reimburse the Commission $450 in costs and attorney’s fees .

Robinson, Ringo Jade (SP41156): Robinson was issued a Staff Letter of Reprimand for a continuing education issue in June of 2018 . On May 31, 2019, Robinson contacted Staff to ask what he needed for CE. Staff told him he needed to renew on inactive status, then complete two Core classes prior to activating his license . Robinson disregarded these instructions, renewed, then immediately activated his license. He was missing two Core classes, and fines are doubled in light of his previous Letter of Reprimand . Robinson demanded a formal hearing, and Staff put this process into motion . Robinson decided to stipulate prior to the hearing and admitted to violations of Idaho Code Sections 54-2018(5) for activating his license without the proper continuing education, and 54-2060(7) for filing a false application when he certified to having his education complete when he renewed his license . Final Order entered on May 21, 2020 . Robinson is formally reprimanded . He is required to pay a $1000 civil fine and must reimburse the Commission $1350 in costs and attorney’s fees expended in this Administrative Action .

Skinner, Devin Roy (DB38628): Skinner got involved with



a man who wanted to sell one home, then purchase another . This created a logjam, because the man did not want to sell until he knew he had a purchase contract in place. Skinner represented to the second seller that the original home was under contract, when it was not . Once this came to light, the owner of the second home refused to accept an offer until the man in transition could prove his existing home was under a binding contract. Skinner provided a false document to the owner of the second property to convince him that the man in transition had sold his property, thus convincing the second seller to accept the offer on his property. As part of his defense, Skinner said he must have mistakenly provided the accepted offer his own sister made on the first property. When Staff asked for a copy of that file, Skinner said he did not keep one for the failed transaction. Stipulated to violations of Idaho Code Sections 54-2048(3) for failure to create and maintain transaction documents for his sister’s transaction, 54-2049(1) &(3) for failure to retain a file for his sister’s failed transaction, 54-2060(4) for failure to keep adequate records for his sister’s transaction, 54-2060(11) for dishonest & dishonorable dealings by falsely telling the second seller that Skinner’s buyer had his existing home under contract, 54-2086(1)(b) for failure to perform ministerial acts on behalf of a customer when he falsely told the second seller that Skinner’s buyer had his home under contract, and 54-2087(2) for failure to exercise reasonable skill and care on behalf of his client when he relayed false information about the man in transition’s home being under contract . Final Order entered on January 23, 2020. Skinner is formally reprimanded. His license is suspended for a period of one year, but 245 days of that suspension is withheld providing that Skinner complies with all other terms of the Final Order and commit no new violations in that year . He is required to pay a $2500 civil fine and must reimburse the Commission $4950 in costs and attorney’s fees .

Smith, Alex R. (SP38351): Smith was convicted of unlawful use of a weapon, a felony . The weapon was his motor vehicle in a road rage incident. Smith timely reported this conviction to the Commission within 20 days. Stipulated to violation of Idaho Code Section 54-2061(1)(a) for the conviction of a felony . Final Order entered March 9, 2020 . Smith is formally reprimanded. His license is suspended for a period of 36 months, but the suspension is withheld so long as he complies with the terms of his criminal probation, commit no additional crimes or violations of the Idaho Real Estate License Law . The Commission’s ability to impose the suspension expires one day after his release from all terms associated with his criminal conviction. Smith is required to self-report any parole or probation violations within 20 days . He must reimburse the Commission $450 in costs and attorney’s fees .

Spencer, Braden (Unlicensed): Spencer is licensed in California, and owns a brokerage called Coventry Homes and Estates . They are not licensed in Idaho . He registered himself with a builder to broker a new home for his son . In the registration form he confirmed that he was licensed in Idaho and was the procuring cause for the transaction . He then prepared an offer for his son and represented that he was licensed in Idaho . This transaction successfully closed and Spencer, through his unlicensed company, collected a sales commission . During the course of investigation, (continued on page 13)

Staff discovered an older transaction; whereby, Spencer did substantially the same thing on behalf of his aunt with a different builder. His response to the investigation revealed his belief that he did not need a license when acting for a relative. Stipulated to violation of Idaho Code Section 54-2002 for unlicensed practice. Spencer is ordered to Cease & Desist from unlicensed practice . He is required to pay a $1000 civil fine, and to reimburse the Commission $225 in costs and attorney’s fees. He is jointly and severally liable for the payment of any fine assessed to Coventry Homes and Estates .

Stephenson, Sean (Unlicensed): Stephenson is licensed in Arizona where he is affiliated with Retail Investment Group (RIG) . He is not licensed in Idaho . RIG procured the listing of a Chili’s Grill & Bar in Pocatello . Davis signed the listing as the designated broker of RIG . This listing included the name of an Idaho licensed broker as the “Broker of Record.” This contract provided for a sales commission upon successful closing . RIG advertised this listing on Loopnet, and included the names of Sean Stephenson, Mark McLoone, and Davis as the points of contact . This advertisement noted that RIG was the exclusive listing agent for the restaurant . A second Idaho Broker reached out to RIG and Stephenson, providing them detailed information about Idaho’s Cooperative Broker license, and offered to serve as their designated broker for this transaction . This contact was completely ignored . During the course of the investigation, RIG provided a Cooperative License Application as evidence to the investigator . This application was never submitted to obtain licensure and was incomplete. Stephenson Stipulated to violation of Idaho Code Section 54-2002 for unlicensed practice. Stephenson is ordered to Cease & Desist from unlicensed practice . He is ordered to pay a $500 civil fine, and to reimburse the Commission $450 for the costs and attorney’s fees .

Vozza, Kristen “Red” (SP27606): Vozza is licensed as a salesperson but was found to be performing a Broker’s Price Opinion (BPO) . This activity requires a broker level license. On August 4, 2011, Vozza was issued a Staff Letter of Reprimand for this exact activity along with collecting fees from someone other than her Designated broker, because the asset management company paid her directly . The new BPO did not contain the required Statement of Purpose . It did contain an attestation that she is competent to perform the work and was following State and Federal requirements . In her response, Vozza said she prepared the new BPO for her personal use and was not paid for the preparation. She said this business was not conducted through her broker. She failed to provide a copy because the document was prepared electronically. She went on to say she had not prepared any other BPOs . The Asset Manager told Staff that Vozza had access to all of her electronic records with their company and confirmed that Vozza was paid for this BPO. Staff relayed this information to Vozza and requested a copy of the BPO. She said she would provide one but needed to check her bank account to see if she was paid. Staff eventually issued a Subpoena to the asset management company . The company returned copies of 40 cancelled checks and 55 orders for BPO preparation by Vozza . All the checks were payable to her personal company, Real Estate by Red . None of them




(continued from page 12)were payable to her designated broker. Staff then reviewed Vozza’s advertising and found her advertising her personal company, but not the brokerage she was licensed under . She also had advertising that promoted both her current brokerage and her previous brokerage. Stipulated to violation of Idaho Code Sections 54-2053(4) for misleading advertising; 54-2054(9) for collecting fees outside her designated broker; 54-2058(3) for failure to answer all reasonable investigative questions and promptly provide documents to the Commission; 54-2060(5) for failure to cooperate with the Commission’s investigation by making deceiving statements about her payments and volume, and failure to provide documents; and 54-2060(11) dishonest or dishonorable dealings, because she prepared BPOs without the proper brokerage level license . Final Order entered on March 9, 2020 . Vozza is formally reprimanded . Her real estate license is suspended for a period of 12 months, she is required to pay a $4000 civil fine, and must reimburse the Commission $450 in costs and attorney’s fees .

Weiss, Jennifer T. (SP41736): Weiss co-listed the home of licensee Sarah L. Chalkus. There were two negotiation in the works at the same time. They presented a backup offer addendum to one of the buyers before there was an accepted offer on the property. These buyers ceased negotiations. The other offer was with a buyer they procured and this one was accepted . During the transaction, Mrs . Buyer stepped out of the transaction and was replaced by her own mother . The addendum perfecting this change was not signed around for a number of weeks . Additional addenda were signed around by the substitute buyer, before she gained the right to accept anything. Stipulated to violations of Idaho Code Sections 54-2051(4)(f) for failure to obtain all required signatures in an addendum that replaced on buyer with another, and 54-2060(12) Gross negligence or reckless conduct for submitting a backup offer addendum when there was no previously accepted offer on the property. Final Order entered on May 21, 2020 . Chalkus is formally reprimanded, she is required to pay a $1500 civil fine, must reimburse the Commission $450 in costs and attorney’s fees expended in this Administrative Action, and must successfully complete a Real Estate Contracts for Today’s Transactions course within six months .

================================Late Continuing Education - Civil fine for violation of Idaho Code 54-2018(5) – submitting a license renewal application without having obtained the CE required by Idaho Code 54-2023 .

Alling, Terence, salesperson in Hayden - $500Amorin, Nicholas “Nick” C., salesperson in Coeur d’Alene - $150Bailey, Summer, salesperson in Athol - $250Barbey, Thomas “Tom” A., salesperson in Eagle - $800Barrier, Brett D., salesperson in Meridian - $500Bartle, Mckenzie L., salesperson in Liberty Lake, WA - $300Beckwith, Kathryn G., salesperson in Meridian - $100Benson, Tiffanie, salesperson in Rathdrum - $200Blake, April, salesperson in Idaho Falls - $300Browning, Tyler S., salesperson in Idaho Falls - $500Buss, Melena, salesperson in Meridian - $150Caldwell, Roxann, salesperson in Coeur d’Alene - $250

Chamber, Jacqueline, salesperson in Meridian - $300Clelland, Chad, salesperson in Hayden - $800Clendenson, Sarah, salesperson in Boise - $325Cooper, Alexandria, salesperson in Boise - $75Cote, James M., salesperson in Post Falls - $800Cotter, Owen, salesperson in Hayden - $300Crockett, Heather, salesperson in Preston - $75D’Andrea, Leslie A., salesperson in Meridian - $500Dalton, Taylor R., salesperson in Boise - $300DeMint Lee, Debra “Debbie” S., salesperson in Nampa - $300Dixon, Jason, salesperson in Pocatello - $50 Draper, Amanda M., salesperson in Meridian - $800Driggs, Seth B., salesperson in Driggs - $300Ellis, Steven, salesperson in Boise - $550Emry, Sierra, salesperson in Nampa - $300Gray, Jody A., salesperson in Meridian - $100Grijalva, Steven, salesperson in Nampa - $300Grissom, Michelle, salesperson in Hayden - $800Gunderson, Jean, salesperson in Washington, WA - $300Gustaveson, Darrell, salesperson in Star - $100Haber, Joseph, salesperson in Pocatello - $50Haddock, Laura “Lori” J., salesperson in Garden City, UT - $300Hansen, Holly, salesperson in Meridian - $800Harding, Wayne, salesperson in Idaho Falls - $75Hasselbring, Andrew, salesperson in Blackfoot - $75Johnson, Kenneth C, salesperson in Meridian - $100Jones, Jackson, salesperson in Salt Lake City, UT - $800Joski, Jeffrey R., salesperson in Meridian - $250Kindrick, Darin, salesperson in Boise - $550Kirk, Christopher, salesperson in Tamarack - $250Kost, John, salesperson in Nampa - $800Lafayette, Amber L ., salesperson in Buhl - $100 Lambson, Hether Lee, salesperson in Challis - $75Leech, Clinton, salesperson in Meridian - $300Mackay, Donovan, salesperson in Spokane, WA - $800MacMillan, Matthew, salesperson in Jackson, WY - $600Madsen, Peter “Jimmy”, salesperson in Idaho Falls - $250Mason, Katy, salesperson in Lewiston - $250McGetrick, Daniel, salesperson in Meridian - $800Miller, Lance N., salesperson in Meridian - $300Moldenhauer, Heather, salesperson in Garden City - $75Osborn, Brooke, salesperson in Meridian - $300Panther, Erik, salesperson in Nampa - $300Phoenix, James, salesperson in Idaho Falls - $300Price, Jared, salesperson in Burley - $550Rallens, Brian, salesperson in Boise - $500Renz, Kelly, salesperson in Twin Falls - $100Robertson, J Chantelle, salesperson in Rexburg - $75Robinson, Edward, salesperson in Eagle - $250Ross, Alan, salesperson in Boise - $300Rousseau, Michelle, salesperson in Boise - $75Runte, Matt, salesperson in Hailey - $500Ryan, Lindsey, salesperson in Boise - $350Schnell, Joseph “JJ” A., salesperson in Lewiston - $25Shields, Gregory, salesperson in Salt Lake City, UT - $500Sienkiewicz, Curtis Lee, salesperson in Coeur d’Alene - $200Smith, Carey, salesperson in Middleton - $150Smith, Craig, salesperson in Coeur d’Alene - $50Stoeger, Cody, salesperson in Middleton - $100



Strassner, Jacqulyn, salesperson in Twin Falls - $75Strausbaugh, Anna, salesperson in Eagle - $100Sullivan, Matthew, salesperson in Coeur d’Alene - $300Thain, Stuart, salesperson in Sandy, UT - $150Thiel, Kelly, salesperson in Coeur d’Alene - $250Thomas, Jesse, salesperson in Rigby - $725Vincelli, Michelle, salesperson in Boise - $700Walter, Jacob Jordan, salesperson in Kuna - $725Walton, Jon-Isaac, salesperson in Post Falls - $375Wells, Bryce, salesperson in Worley - $300Whaley, Kristina “Kristi”, salesperson in Idaho Falls - $250Whitehead, Jerome, salesperson in Merididan - $300Wilcox, Cassidy, sales person in Blackfoot - $25 Zaverukha, Benjamin, salesperson in Boise - $300

================================Late E&O - 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.

Adams, Sally, salesperson in Meridian - $150Allen, Jon Patrick, salesperson in Boise - $150Averett, Kelsey, salesperson in Coeur d’Alene - $150Barber, Mark L., salesperson in Preston - $150Bates Land Cosortium, LLC, limited liability company in Salt Lake City, UT - $150Bates, C Patrick, salesperson in Salt Lake City, UT - $150Benjamin, Knox, salesperson in Meridian - $150Berry, David, salesperson in Boise - $150Blake, Ostler, salesperson in Logan, UT - $150Booth, Eric, - salesperson in Meridian - $150Brawner, Sean, salesperson in McCall - $300Burnett, William “Bill” H., salesperson in Ketchum - $150Busalacchi, Steven, salesperson in Boise - $300Carr, Jennifer, salesperson in Boise - $150Chaffin, Bryan, salesperson in Idaho Falls - $200CityTrust Real Estate Services, LC, limited liability company in Salt Lake City, UT - $300Cleaver, Debbie, designated broker in Eagle - $600Cole, Molly, salesperson in Colbert, WA - $150Collins, Casey, salesperson in Boise - $300Dabel, Lisa, salesperson in Boise - $150 Dayton, Samantha A., salesperson in Coeur d’Alene - $150DeCory, Dallas, salesperson in Boise - $150Eells, Matthew, salesperson in Boise - $150Ellis, Joshua, salesperson in Chubbuck - $300Faux, Monique, salesperson in Coeur d’Alene - $150Fisher, Steven, associate broker in Spokane, WA - $150FitzGerald, Suzan, designated broker in Idaho Falls - $150 Fitzpatrick, Mark, salesperson in Boise - $150Floth, Nichelle, salesperson in Kuna - $150Ford, Brian, inactive salesperson - $300Fowler, Ben, salesperson in Boise - $300Geiger, Jodie, salesperson in Pocatello - $150Goude, Mallary J., salesperson in Rexburg - $150Gray, Marisela, salesperson in Idaho Falls - $150Greif, Richard, salesperson in Fruitland - $300Guglielmo Properties, LLC, limited liability company in Post Falls - $300

Guglielmo, Ginger, designated broker in Post Falls - $300Gustafson, Lacey J., salesperson in Kuna - $150Hagen, Peter, salesperson in Spokane, WA - $150 Haney, Daniel, salesperson in Idaho Falls - $150Howard, Gregory, designated broker in Eagle - $300Idaho Realty, LLC, terminated company - $150Integrity Group Real Estate Services, Inc., corporation in Eagle - $600Jimenez, Angelina, salesperson in Rupert - $150Johnson, Carolyn M ., designated broker in Bellingham, WA - $300Johnson, Matthew, salesperson in Eagle - $300Johnston, Rodney, salesperson in Boise - $150Karst, Cody, salesperson in Silverton - $150 Keizer, Todd, salesperson in Park City, UT - $150Keller, Lori B., salesperson in Boise - $600Kimbrell, Liliane, designated broker in Coeur d’Alene - $150King, Gavin Joel, designated broker in Meridian - $600Kingston, Danielle, salesperson in Idaho Falls - $600Lee, Gayle, designated broker in Scottsdale, AZ - $150Liesche, Robert, associate broker in Coeur d’Alene - $150Lowery, William, salesperson in Boise -$900Lujan, Andres, salesperson in Coeur d’Alene - $150Marcroft, Robert, salesperson in Hailey - $300Mark, Heather, salesperson in Eagle - $150Markowski, April, salesperson in Coeur d’Alene - $150Matheson, Jammie, salesperson in Blackfoot - $150McCain, Kory, Salesperson in Boise - $150McCashland, Michael, salesperson in Driggs - $150McCuistion, LuCinda “Cindy”, salesperson in Rupert - $1,200McElravy, Cassandra, salesperson in Payette - $150McGetrick, Daniel, salesperson in Meridian - $150McGregor, Joan, salesperson in Jackson, WY - $150McPhee, Michael, salesperson in Coeur d’Alene - $300Monschke, Carrie A., salesperson in Ketchum - $150Moug, Leslie, salesperson in Rathdrum - $150Murillo, Robert “Rob” A., salesperson in Coeur d’Alene - $150Newell, Alecia, salesperson in Boise - $150Newman, Justin, inactive broker - $150O’Connor, Aaron, salesperson in Idaho Falls - $150Omni Group International LLC - limited liability company in Boise - $150Parrish, Christopher, associate broker in Meridian - $600Patterson, Nicholas, salesperson in Coeur d’Alene - $150Peterson, Whitney, salesperson in Idaho Falls - $150Poulsen, Cindy, designated broker in Eagle - $150PrimStone, LLC, limited liability company in Meridian - $150Pruitt, Robert, salesperson in Hayden - $150Putnam, Gregory J., salesperson in Meridian - $150Quinn, Amanda, salesperson in Caldwell - $300Rainey, Julie, salesperson in Boise - $150Revolutionary Realty LLC, limited liability company in Harrison, ID - $150Reynolds, David “Dave” J., salesperson in Coeur d’Alene - $150Reynolds, Michael, salesperson in Boise - $150Reynolds, Sally, inactive salesperson - $150Rincover, Lawrence, salesperson in Boise - $750Ritzau, Kirsten, salesperson in Ketchum - $600Rozyla, Brian L., salesperson in Ketchum - $150




In Memory

John C . Lindbloom, BR14527 (Eagle)Adelaide S. McLeod, AB5296 (Boise)Julie A. Rigby, SP19982 (Idaho Falls)

Clark Monson; DB33398Clark Idaho Real Estate

Robert “Rob” Earl Combs; DB38070Cardinal Realty of Idaho

Tracy Lyn Kasper; DB22333Berkshire Hathaway HomeServices

Silverhawk Realty

Morgan Diane Hoffman; DB28463Q5 Brokers

AUDIT HONOR ROLLDecember 1, 2019 - May 31, 2020

Marcelino “Marce” Barrera; DB23110Homes Online Realty

Katie Marie Miller; DB31830TripleCord Real Estate

Krista Lynn Deacon; DB32944Silvercreek Realty Group, LLC

Stephen “Steve” Ashton Barbey; DB27957

Atova, Inc .

Alicia Christine Anna Ralston; DB27310Ralston Group Properties, LLC

RUHM, Inc dba Idaho Wild, limited liability company in Boise - $150Russell, Dorene, salesperson in Coeur d’Alene - $300Saunders, Stephan, salesperson in Coeur d’Alene - $600 Saunders, Stephen, inactive salesperson - $1,200Schatzel, Susan, salesperson in Boise - $150Setters, Douglas, salesperson in Priest River - $300Shaporda, Janna, salesperson in Coeur d’Alene - $150Short-Schmidt, Penny, salesperson in Coeur d’Alene - $300Shumway, Spencer, salesperson in Meridian - $150Sloan Jr., John, salesperson in Swan Valley - $150Smith, Scott D., salesperson in Coeur d’Alene - $150Snake River Realty, corporation in Idaho Falls - $150Souza, Robert, salesperson in Star - $150Stoddard, Kymberly, salesperson in Rexburg - $150Summers, David, salesperson in Nampa - $300Sutta, Tiffany D., salesperson in Coeur d’Alene - $150Swain, Dillon, salesperson in Garden City - $300Swendsen, Sloan, salesperson in Idaho Falls - $150Tackett, Karen, salesperson in Ketchum - $150

The Property Place, LLC, limited liability company in Coeur d’Alene - $150Tormozov, Ruvium, salesperson in Post Falls - $150Walchli, Rachel, salesperson in Boise - $150Walters, Cassandra “Cassie” L., salesperson in Caldwell - $150Woyak, Cynthia, salesperson in Boise - $150Zohner, Nathan “Nate” B., salesperson in Idaho Falls - $150================================Citations – Citation stipulation and civil fine for various Idaho Code violations found during an office inspection.

Bilyeu, Clark, designated broker in Boise - $75 for violation of 54-2060(3) – Failure to account .

McConnell, Ron, designated broker in Star - $25 for violation of 54-2042(7) – commingling and $25 for violation of 54-2046(1) – inappropriate deductions .

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

Ti Richard Smack; DB34449The Smack Group, LLC

Richard Craig Groves; DB2971John L. Scott BOI

Derek Arlis Cassel; DB27764West Real Estate Group, LLC

Barry Levi Brackett; DB20647Canyon Trail Realty, LLC



IDAHOREAL ESTATE COMMISSION

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

The Real EstatementVol . 41, No . 2 - July 2020

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 60-202/0720/14,500/429. 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

GovernorBrad Little