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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license was revoked, pursuant to K.S.A. 58-3050(a)(4), for misrepresentation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salesperson's license was revoked, pursuant to K.S.A. 58-3050(a)(4), for misrepresentations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 Holt's real estate license was
revoked for failing to account for and remit earnest money belonging to others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. Guadalajaras salespersons 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 sellers 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. OConner 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 sellers 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.
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