Kansas Real Estate Commission
 
  9/6/2010
  Summer/Fall 2003
                                        
 
     
 
In This Issue
 
2003 What's New in the Law?
   
 
Avoid BRRETA Troubles
   
 
Accommodating Americans With Disabilities
   
 
Information, YES! Legal Advice, NO!
   
 
KREC News
   
 
Mortgage Fraud is Serious Business
   
 
Multiple Company Affiliation Law Changes
   
 
Team Advertising on the Web
   
Current content selection
Disciplinary Actions
   
 
Meet the Commissioners
   
Disciplinary Actions

January 1, 2002 to December 31, 2002

[Note: Fines assessed against licensees are credited to the State General Fund. The Real Estate Commission receives no revenue from the fines assessed.]

Revocations
Rafael L. Alvarez,
Salesperson, Wichita. Mr. Alvarez's real estate salesperson's license was revoked, pursuant to K.S.A. 58-3050(a)(4), for misrepresentation on his application for licensure concerning failure to disclose a prior criminal conviction.

Mauricio Guadalajara, Salesperson, Wichita. Mr. Guadalajara's real estate salesperson's license was revoked, pursuant to K.S.A. 58-3050(a)(4), for misrepresentations made on his application for licensure concerning failure to disclose prior criminal convictions and unsatisfied judgments. Mr. Guadalajara also violated K.A.R. 86-3-15(a)(6) by failing to report a felony conviction that occurred after he became licensed. In addition, Mr. Guadalajara violated K.S.A. 58-3062(a)(21) by failing to respond to the Commission's request for information.

Tara L. Holt, Salesperson, Wichita. Ms. Holt's real estate license was revoked for failing to account for and remit earnest money belonging to others and converting it to her own personal use in violation of K.S.A. 58-3062(b)(2) and K.S.A. 58-3061. Ms. Holt also was found to have committed fraud and substantial misrepresentation in violation of K.S.A. 58-3062(a)(14).

Tyler Block Patton, Salesperson, Overland Park. Ms. Patton was convicted of premeditated murder in the first degree in the District Court of Johnson County, Kansas. Ms. Patton entered into an agreed Final Order for immediate revocation of her real estate salesperson's license.

Alyce M. Williams,
Salesperson, Shawnee Mission. The Commission issued an emergency order, as provided by K.S.A. 77-536, to summarily suspend her real estate license for allegedly misappropriating property belonging to other persons. Ms. Williams failed to appear at the hearing. A proposed default order was subsequently issued by the hearing officer to revoke Ms. Williams' license based upon the nature of the allegations and significant harm that may be rendered upon the general public. Ms. Williams did not seek to vacate the default order.

Suspensions
Mauricio Guadalajara,
Salesperson, Wichita. An emergency order was issued by the Commission, in accordance with K.S.A. 58-3050(f), to summarily suspend Mr. Guadalajara's real estate license. The summary suspension was based upon allegations that Mr. Guadalajara failed to promote the interest of a buyer client with the utmost good faith, loyalty, and fidelity and that he failed to fulfill the terms of his agency agreement with the client. It was also alleged that Mr. Guadalajara failed to disclose several criminal cases on his application for licensure, including a pending felony worthless check charge and several criminal convictions for disorderly conduct, battery, and theft. The subject transaction involved increasing the purchase price of the home in exchange for installation of a central air conditioning unit. Although the buyer denied signing off on the amendment which increased the purchase price of the home, the buyer understood that the central air conditioning unit would be installed after closing at no cost to the buyer. After the closing, Mr. Guadalajara allegedly told the buyer to proceed with making arrangements for installation of the central air conditioning and that the buyer would be reimbursed by the "company." The buyer closed for the amount of the additional purchase price and was never reimbursed the cost of the central air unit. Mr. Guadalajara did not appear for the hearing. A default order was issued, but Mr. Guadalajara did not seek to vacate the order. [Note: Mr. Guadalajara’s salesperson’s license was subsequently revoked in a separate case filed against him by the Commission, in its disciplinary capacity].

Fines and Other Penalties
Dan A. Arst, Associate Broker, Overland Park. Mr. Arst failed to make known to the purchaser or lessee in the contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Nicholas T. Ashenbrenner, Salesperson, Topeka. Mr. Ashenbrenner failed to make known to the purchaser or lessee in the sales contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Polly A. Basham, Salesperson, Wichita. Ms. Basham failed to make known to the purchaser or lessee in the contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Warren H. Bennett,
Associate Broker, Shawnee. Mr. Bennett failed to make known to the purchaser or lessee any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Jesus G. Bernal,
Salesperson, Overland Park. Mr. Bernal failed to make known to the buyer in the sales contract that the licensee had an interest in the property in violation of K.A.R. 86-3-19.

Daniel M. Bird, Broker, Anthony. Mr. Bird was cited for violation of K.S.A. 58-3062(a)(14) for fraud and misrepresentation. Mr. Bird made arrangements on behalf of his client for pest control services. He either had actual knowledge or reason to know that the pest control company he chose was not licensed and that the pest control company had previously been cited by the Kansas Department of Agriculture for improperly using kerosene for termite treatment.

David H. Broockerd, Salesperson, Spring Hill. Mr. Broockerd failed to make known to the purchaser or lessee any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Jani L. Bryson, Broker, Overland Park. Ms. Bryson failed to properly supervise the activities of an affilliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affilliated salesperson or associate broker failed to make known to the purchaser or lessee in the sales contract any interest the licensee had in the real estate.

Mark A. Buhler, Broker, Lawrence. Mr. Buhler disbursed an earnest money deposit without the written authorization of the buyer and seller in violation of K.S.A. 58-3061(g)(1).

Donald L. Burton,
Broker, Wichita. Mr. Burton failed to supervise the activities of affiliated licensees in violation of K.S.A. 58-3062(c)(3). The hearing officer found that Mr. Burton failed to supervise certain affiliated licensees because there was no requirement that the licensees submit advertisements for approval prior to publication. The hearing officer also determined that Mr. Burton permitted affiliated licensees' use of poorly drawn and vague translation-consulting agreements without taking steps to ensure that the affiliated licensees' activities were in compliance with the real estate license laws and that the services offered by affiliated licensees were appropriately provided. The Commission affirmed the hearing officer's initial order with respect to Mr. Burton.

Donald L. Burton, Broker, Wichita. Mr Burton failed to supervise the activity of an affiliated salesperson by allowing the salesperson to perform licensed activities on an expired license in violation of K.S.A. 58-3060(b).

David A. Bussard, Broker, Topeka. Mr. Bussard failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee any interest the licensee had in the real estate.

Annette Campbell,
Salesperson, Wichita. Ms. Campbell presented to the lender, guaranteeing agency or any other interested party, false documentation disclosing an amount in excess of the true and actual sale price of the real estate or terms differing from those actually agreed upon in violation of K.S.A. 58-3062(a)(15).

Linda J. Conderman, Associate Broker, Manhattan. Ms. Conderman failed to make known to the purchaser or lessee any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Gary S. Cushman, Broker, Wichita. Mr. Cushman obtained a buyer agency agreement that contained a provision to automatically extend the term of the agency agreement past the expiration date in violation of K.A.R. 86-3-8.

Todd A. Davis, Broker, Wichita. Mr. Davis failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee in the sales contract any interest the licensee had in the real estate.

Lenny Diaz, Salesperson, Wichita. A letter was issued to cease and desist from using advertising that did not include the broker's name or trade name. The advertising included the salesperson's corporate name, instead of the broker's name or trade name. K.S.A. 58-3062(a)(1) prohibits the use of advertising that is confusing or misleading as to the identity of the broker. K.A.R. 86-3-7 requires that all advertising include the broker's name or trade name, as well as any other information that the broker may require.

Sherry L. Evans, Broker, Wichita. Ms. Evans failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee any interest the licensee had in the real estate.

Terry T. Farrell, Broker, Overland Park. Mr. Farrell failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee any interest the licensee had in the real estate.

Kenneth D. Francisco, Salesperson, Newton. Mr. Francisco failed to make known to the purchaser or lessee any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Anita Ruth Frey,
Associate Broker, Wichita. Ms. Frey failed to make known to the seller or lessor any interest the licensee had in the real estate the licensee had purchased in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Karen A. Gilliland,
Broker, Hutchinson. Ms. Gilliland failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee in the sales contract any interest the licensee had in the real estate.

John A. Gutierrez, Salesperson, Wichita. Mr. Gutierrez failed to make known to the purchaser or lessee in the contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Karen Hampton, Salesperson, Wichita. Ms. Hampton failed to make known to the purchaser or lessee in the contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Ronald J. Harder, Broker, Newton. Mr. Harder failed to make known to the seller or lessor any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16).

Eric Harth,
Associate Broker, Andover. Mr. Harth's Web site prominently displayed his personal corporate name "Home-N-Harth Inc. Realtor,” but the supervising broker's name or trade name was not prominently displayed in violation of K.S.A. 58-3062(a)(1) and K.A.R. 86-3-7. K.S.A. 58-3062(a)(1) prohibits the use of advertising that is confusing or misleading. K.A.R. 86-3-7 requires that all advertising include the broker's name or trade name, as well as any other information that the broker may require. A cease and desist letter was issued to require that all advertising, including the Web site, display the broker's name or trade name in a manner that is not confusing to the public as to the identity of the broker.

Bryan Charles Hedges,
Broker, Lawrence. Mr. Hedges was cited for improper use of a transaction broker addendum in a real estate transaction in violation of K.A.R. 86-3-27. The agent had been appointed to function as a designated seller's agent. The agent used a TBA-DA in an effort to convert to transaction brokerage, but no agency relationship existed with the buyer.

Gerald W. Jackson, Broker, Wichita. Mr. Jackson failed to supervise the activities of a salesperson or associate broker employed by or associated with the brokerage in violation of K.S.A. 58-3062(c)(3). The salesperson or associate broker failed to disclose in the contract that they had an interest in the real estate the licensee was offering for sale.

Bernard Jarvis, Salesperson, Hutchinson. Mr. Jarvis offered real estate for sale or lease without the knowledge and consent of the owner in violation of K.S.A. 58-3062(a)(9). Mr. Jarvis’ Web site advertised FSBO (for sale by owner) properties without the prior written authorization of the sellers.

John P. Judge, Broker, Garden City. Mr. Judge failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee in the contract any interest the licensee had in the real estate.

Norman L. Kelley, Broker, Wichita. Mr. Kelley failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee in the sales contract any interest the licensee had in the real estate.

Judith Delaine Lacey, Broker, Wichita. Ms. Lacey failed to reconcile the bank account monthly and compare it to the broker's ledger sheet balances to establish trust account liability. The trust account was short $76.81 on the date it was closed in violation of K.S.A. 58-3061(d).

Mary A. Laham, Broker, Andover. Ms. Laham failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee any interest the licensee had in the real estate.

Mathew J. Lillie, Broker, Wichita. Mr. Lillie allowed an affiliated salesperson or associate broker to perform licensed real estate activities without renewing their license in violation of K.S.A. 58-3060(b) and (c).

Phillip E. Link, Associate Broker, Wichita. Mr. Link attempted to induce a seller to break an exclusive agency agreement with another broker in violation of K.S.A. 58-30,103(n).

Sharon L. Locke, Broker, Atchison. Ms. Locke was cited for intentionally using advertising that was misleading or inaccurate or that in any way misrepresents the property in violation of K.S.A. 58-3062(a)(1).

Cynthia E. Manz,
Associate Broker, Topeka. Ms. Manz disclosed in a purchase agreement that she had no brokerage relationship to the parties in a transaction in which Ms. Manz was the listing agent and also the buyer, in violation of K.S.A. 58-30,113(a).

Pamela J. Marshall,
Salesperson, Wichita. Ms. Marshall failed to make known to the purchaser or lessee in the contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Jennifer L. Martin,
Salesperson, Derby. Ms. Martin failed to make known to the purchaser or lessee in the sales contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Mary Ann Mattison,
Salesperson, Hutchinson. Ms. Mattison failed to make known to the purchaser or lessee in the sales contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Shirley Jane McBryde, Associate Broker, Wichita. Ms. McBryde failed to make known to the purchaser or lessee in the sales contract any interest that she had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

John Walter McKenzie,
Broker, Wichita. Mr. McKenzie failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee in the sales contract any interest the licensee had in the real estate. The broker was also cited in violation of K.S.A. 58-3061(d) for payment to an affiliated agent the broker's commission or fee prior to closing.

Patricia L. Moran,
Broker, Derby. Ms. Moran used a transaction broker addendum to improperly terminate the agency relationship agreement with the seller client in order to function as a transaction broker for the buyer and the seller. No agency relationship ever existed with the buyer. She walked away from representing the seller’s interests for the benefit of a non-client in violation of K.A.R. 86-3-27.

Marguerite Elaine Morgan, Broker, Newton. Ms. Morgan failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or broker failed to make known to the purchaser or lessee any interest the licensee had in the real estate.

Robert M. O'Conner, Broker, Gardner. Mr. O’Conner failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee any interest the licensee had in the real estate.

Elton V. Parsons Jr.,
Broker, Wichita. Mr. Parsons failed to account for and remit money which came into the licensee's possession and which belonged to others in violation of K.S.A. 58-3062(a)(2). He also failed to properly maintain trust account records and to reconcile the trust account balance to the ledger sheets on a monthly basis.

Deborah N. Pecora, Broker, Overland Park. Ms. Pecora failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee in the sales contract any interest the licensee had in the real estate.

Frank T. Priest III, Associate Broker, Wichita. Mr. Priest failed to disclose to the purchaser or lessee in the contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Patricia L. Quinlan, Broker, Shawnee. Ms. Quinlan failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee any interest the licensee had in the real estate.

Charles Rodriguez, Broker, Wichita. Mr. Rodriguez used a transaction broker addendum to improperly terminate the agency relationship agreement with the seller client in order to function as a transaction broker for the buyer and the seller. No agency relationship ever existed with the buyer. He walked away from representing the seller’s interests for the benefit of a non-client in violation of K.A.R. 86-3-27.

Marvin L. Schellenberg, Associate Broker, Wichita. Mr. Schellenberg failed to make known to the purchaser or lessee in the contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Walter L. Sharp, Broker, Augusta. Mr. Sharp improperly used the transaction broker addendum in a real estate contract in violation of K.A.R. 86-3-27. The transaction file contained a TBA-RES, a written seller's agency agreement, but no written agency agreement with the buyer. Mr. Sharp improperly terminated his agency relationship with the seller for the benefit of a non-client.

Harold Wayne Short,
Broker, Wichita. Mr. Short failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee in the sales contract any interest the licensee had in the real estate. Mr. Short was also cited for failure to supervise under K.S.A. 58-3062(c)(3) because an affiliated agent represented to a lender, guaranteeing agency, or other interested party an amount in excess of the true and actual sale price of the real estate or terms differing from those actually agreed upon.

Stephen J. Shumate, Broker, Leawood. Mr. Shumate failed to make known to the purchaser or lessee any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Dimitri S. Siscos,
Broker, Overland Park. Mr. Siscos allowed a salesperson to perform licensed real estate activities without renewing his license in violation of K.S.A. 58-3060(b) and (c).

A salesperson
received a cease and desist letter for utilizing the salesperson's corporate name on his Web site rather than the broker's name or trade name. K.S.A. 58-3062(a)(1) prohibits a licensee from intentionally using advertising that is misleading or inaccurate, or that in any way misrepresents the business conducted. K.A.R. 86-3-19 requires that all advertising include the broker's name or trade name, and any other information that the broker may require.

Roy E. Spencer, Salesperson, Overland Park. Mr. Spencer performed licensed real estate activities on an expired license in violation of K.S.A. 58-3036.

Franklin Jay Stucky, Broker, Newton. Mr. Stucky entered into an agreed Final Order concerning failure to supervise advertising conducted by affiliated licensees in violation of K.S.A. 58-3062(c)(3). Mr. Stucky agreed to establish and implement company-wide policies and procedures for advertising.

Diana L. Swenson, Broker, Derby. Ms. Swenson failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee any interest the licensee had in the real estate.

Robert D. Thomas, Broker, Topeka. As supervising broker, Mr. Thomas named himself as a designated buyer's agent in the buyer agency agreement in violation of K.S.A. 58-30,109(b)(4).

Margaret F. Thompson, Salesperson, Overland Park. Ms. Thompson failed to disclose to the purchaser or lessee in the contract any interest the licensee had in the real estate in violation of K.S.A. 58-3062(a)(16) and K.A.R. 86-3-19.

Gary Newman Walker, Broker, Wichita. Mr. Walker failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee any interest the licensee had in the real estate.

G. Barry West, Broker, Wichita. Mr. West failed to properly supervise the activities of an affiliated salesperson or associate broker in violation of K.S.A. 58-3062(c)(3). The affiliated salesperson or associate broker failed to make known to the purchaser or lessee any interest the licensee had in the real estate.

Dean Richard White, Broker, Iola. Mr. White had an overage in his trust account of $113.27 for taxes that had not been distributed to a seller. He was found to have violated K.S.A. 58-3062(a)(2) for failing to account for and remit money that belonged to others.

Gregory L. Yocom,
Salesperson, Wichita. Mr. Yocom was paid a commission prior to closing without the written consent of the parties to the transaction in violation of K.S.A. 58-3061(d).

The following licensees represented buyers or sellers without obtaining a written agency agreement with the client.

Ablah, Donald J., Wichita
Ancsin, Linda K., Wichita
Baker, Brenda S., Chanute
Barnes, Josandra C., Lawrence
Bates, Rita Marian, Wichita
Becker, Gregory L., Great Bend
Beehler, Joel R., Wichita
Beehler, Linda Jones, Wichita
Blair, Jennifer Renee, Andover
Bleeker, Margaret A., Estes Park
Bradford, Scott B., Wichita
Brunk, Steven R., Wichita
Bryson, Jani L., Leawood
Buhler, Mark A., Lawrence
Bussard, David A., Topeka
Cain, Jason G., Derby
Cromer, Gregory A., Lawrence
Cushman, Gary S., Wichita
Davis, Todd A., Wichita
Dean, Eddie L., El Dorado
Dryden, Gary Wayne, Augusta
Ediger, Lawrence D., Caldwell
Ek, Larry Allen, Emporia
Ernsdorff, Rachel, Lenexa
Esping, Karl O., Lindsborg
Farrell, Terry T., Lenexa
Franklin, Gregory Lynn, Overland Park
Gatz, Bernard C., Halstead
Glessner, Carla, Brookville
Grisamore, W. Dee, Overland Park
Harder, Ronald J., Newton
Harker, Carroll D., McLouth
Harrison, George T., Colby
Harshfield, Raymond W., Wichita
Holmgren, David L., Salina
Holt, Guy Tim, Kingman
Hosack, Gary Wayne, La Cygne
Huang, Leigh K., Wichita
Jackson, Gerald W., Wichita
Johns, Judy Lea, Leawood
Kelley, Norman L., Wichita
Kent, Buel C., Wichita
Kenyon, D. J., Lindsborg
Kunkel, Candace L., Augusta
Lacey, Beverly A., Overland Park
Lacey, Judith Delaine, Wichita
Lang, A. J., Shawnee Mission
Malone, J. Douglas, Wichita
Mance, Paula A., Basehor
Marshall, Lawrence William, Thayer
McKenzie, John Walter, Wichita
Metzger, Stanley R., Topeka
Morgan, Marguerite Elaine, Newton
Mullin, Jerry R., Shawnee Mission
Nuzum, Gary Dean, Lawrence
O'Connor, Robert M., Gardner
O'Malley, Kathleen P., Leawood
Patterson, Gary Ken, Oxford
Pennington, David E., Overland Park
Pennington, Mary C., Overland Park
Petersen, Thomas Richard, Auburn
Poss, Donald E., Richmond
Pratt, Fred Lester, Hoxie
Priest, Frank Talburt, Wichita
Regan, Patrick J., Lenexa
Reinhardt, Eugene E., Chanute
Ritter, Ella, Salina
Roark, Lanita R., Wichita
Roberts, Clay, Kansas City
Rodriguez, Charles, Wichita
Rosenthal, Steven E., Basehor
Roth, Chris, Hesston
Schrick, Ann M., Sedgwick
Schunk, Jeff S., Overland Park
Sedlock, Patricia L., Kansas City
Shadwick, Monte D., Salina
Sheets, Cathy L., Winfield
Short, Harold Wayne, Wichita
Smith, Murray Cleveland, Haysville
Sofro, Stephen Barry, Topeka
Stephenson, Colon M., Lenexa
Thomas, Leslie W., Garnett
Unruh, Dan P., Wichita
Wagner, Leonard E., Emporia
Waite, Derek S., El Dorado
Walker, Gary Newman, Wichita
Walton, James K., Olathe
Weigand, Nestor Rupert, Wichita
West, G. Barry, Wichita
West, Sharon Sue, Wichita
Westheffer, Murl E., Lawrence
White, Dean Richard, Iola
Whitmore, Karen A., Emporia
Wilson, Tina L., Wichita
Wittmer, Douglas Kent, Topeka
Wood, James R., Wichita

The following licensees entered into an agreement with buyers or sellers when the document did not contain the terms and conditions of the relationship including a fixed expiration date, limitations on the duty of confidentiality, duties and obligations of the licensee, or terms of compensation.
Ablah, Faith, Wichita
Arrasmith, Lynette M., Olathe
Beachey, Bonnie Jean, Lenexa
Brooks, Shirley J., Hutchinson
Carlson, Dean P., Overland Park
Cushman, Gary S., Wichita
Dean, Marshall H., Shawnee Mission
Deramus, Gabriela C., Overland Park
Eck, Mathias Ferdinand, Wichita
Feist, Beverly J., Hutchinson
Finley, Sally K., Wichita
Fisher, Michael W., Wichita
Frankamp, Peggy J., Wichita
French, Carolyn Isabelle, Wichita
Grisamore, W. Dee, Overland Park
Haggard, Joe R., Burden
Harder, Ronald J., Newton
Hedges, Bryan Charles, Lawrence
Hiatt, Kathleen S., Leavenworth
Jett, Betty Lee, Wichita
Johns, Judy Lea, Leawood
Johnson, Zur L., Wichita
Lacey, Judith Delaine, Wichita
Laquet, Sherry L., Gardner
Layton, Glenn F., Wellsville
Leis, Rosaline J., Rose Hill
Macy, Charles Mayo, Alta Vista
Marotte, Nancy Clarke, Wichita
McKenzie, John Walter, Wichita
Miller, Mary Lynn, Derby
Moran, Patricia Louise, Wichita
Nickels, James L., Hutchinson
Park, Diane Zerr, Wichita
Railsback, Kelly L., Hutchinson
Sanders, Jayne A., Wichita
Seager, Kenneth Abie, Wichita
Sohl, Glen N., Lawrence
Walker, Gary Newman, Wichita
Webber, Darrell L., Winfield
West, G. Barry, Wichita
Wheeler, Becky J., Newton
Wood, James R., Wichita
Wood, Sondra Kay, Wichita


Additional Offenses
Eight brokers
failed to assign transaction identification numbers to the required records.

Seven brokers failed to compare the trust account liability established by the ledger sheets, to the reconciled trust account balance on a monthly basis.

Twenty-nine brokers failed to deposit earnest money within the five-day statutory time limit.

Two brokers failed to display, in the office, the licenses of all their affiliated licensees.

One broker failed to include in his agency agreement with the buyer any potential for an affiliated licensee to act as a designated agent for the seller and an affiliated licensee to act as a transaction broker.

One broker failed to maintain a true copy of the contract in his broker records for three years.

Five brokers failed to maintain a trust account ledger for broker funds.

Three brokers failed to maintain a trust account ledger for each transaction.

Three brokers failed to maintain records, had problems related to bookkeeping errors or failed to reconcile records.

One broker
failed to maintain his trust account check register.

One broker
failed to maintain trust account bank statements, checks, and deposits.

Thirteen brokers failed to properly supervise the activities of their salespersons or associate brokers.

Five brokers
failed to reconcile the trust account on a monthly basis.

Two brokers failed to report to the Commission, in writing, that litigation had been filed or resolved by settlement or judgment.

One broker failed to retain copies of contracts, closing statements, correspondence or trust account records for three years.

One broker
failed to write the transaction identification number on the file and on each corresponding check drawn on the trust account.

One broker
failed to write the transaction identification number on the file and the corresponding trust account deposit slip.

Two brokers had shortages in their trust accounts.

Four brokers
made payments out of the trust account before the transaction closed.

Eight brokers named themselves as designated agent in the agency agreement.

Two brokers,
acting as the buyer's agent on unlisted properties, failed to deliver the purchase contract and the earnest money deposit to the escrow agent within five business days of the date of the contract.

Five brokers, acting as the buyer's agent on unlisted properties, failed to keep and maintain in the file, a receipt from the escrow agent.

Thirty-four brokers, acting as the listing broker, failed to deliver the purchase contract and the earnest money deposit to an escrow agent within five business days of the date of the contract.

Thirty-four brokers, acting as the listing broker, failed to keep and maintain in the file, a receipt from the escrow agent.

Three brokers, acting as transaction brokers on properties wherein neither buyer nor seller had representation, failed to deliver the purchase contract and the earnest money deposit to the escrow agent within five business days of the date of the contract.

Three licensees acted as a designated agent, without having been designated as such in the agency agreement.

One licensee did not have a closing statement in the file.

Three licensees did not have a copy of the contract in the file.

One licensee disclosed confidential information about his seller client.

One Hundred Fifty-Seven licensees
failed to disclose the brokerage relationship in the contract or the disclosure was not in compliance with the statutory requirements.

Five licensees failed to include a closing date in the contract.

Two licensees failed to obtain a transaction broker addendum signed by the parties to the transaction.

Three licensees failed to include an acknowledgment of receipt of the brokerage relationships brochure in the contract for sale or the lot reservation agreement.

Five licensees
failed to include the broker's name or trade name in advertising.

Forty-four licensees failed to name, or incorrectly named, the escrow agent in the contract.

One licensee failed to present all offers to the buyer client.

Five licensees failed to use the correct transaction broker addendum.

Two licensees had an overage in the trust account due to a failure to remit all of the seller proceeds, a failure to pay all bills at closing or overcharging the buyer and/or seller.

Eight licensees
had an overage in the trust account due to record keeping errors.

Two licensees intentionally used advertising that was misleading, inaccurate or misrepresented the property, terms or services conducted.

Three licensees offered prizes, gifts or gratuities that were contingent on the listing, sale, purchase or lease of property.

Two licensees
refused to supply records for examination by the Kansas Real Estate Commission.

Five licensees signed a contractual agreement without obtaining a written power of attorney.

Twenty-seven licensees wrote insufficient fund checks to the commission.

One salesperson or associate broker failed to place, as soon as practicable, the deposit money or other funds into the custody of his broker.