What’s new at the Idaho Real Estate Commission The Real Estatement Vol. 22 No. 1 January 2003 Comments from the Chair by Diane Duncan, Commission Chair A definite plus for you is the additional By accessing the Commission web flexibility that has been implemented in site, it is possible for you to sit in the reaching the required hours. You can comfort of your office and conduct now receive CE credit for courses taken business with us on a twenty-four/seven Diane Duncan in pursuit of an industry designation, basis. Recent additions to this site allow among numerous other options. A com- the licensee to change personal infor- plete list may be accessed by visiting mation, look up the status of other li- Thank you for the privilege of serving the Commission’s web site at censees, and renew their license. The on the Real Estate Commission for the www.idahorealestatecommission.com. broker can add or remove a salesper- past seven years. During that time, the We were told that our license law son, change business location address, Commission has implemented numer- was antiquated, confusing, difficult to as well as other functions, at any time. ous changes. Quite frankly many of read and understand. The Commission, Please continue to contact us with those changes have been made be- with input from the industry, spent over suggestions for improving our processes. cause you, the licensees, have sug- two years on a total revision of our You can call, write, e-mail or visit with gested methods to change or improve a statutes to eliminate duplication, clarify us at a regular Commission meeting. process and we, your Commission mem- language, and categorize similar topics. You will be welcomed. The Commis- bers, have listened. Then the industry brought to our at- sion is charged with protecting the pub- When the Continuing Education pro- tention what they viewed as a concern lic interest, which means that although gram was signed into law, we had a with our investigatory process, so we we must protect the public from un- mandatory 12-hour program which was have refined and changed the process. scrupulous licensees, the other part of designed and produced by the Real For an amended version of that pro- that equation is that it is our duty to arm Estate Education Council. However, cess, see the Investigative & Hearing you, the licensee, with the highest de- industry input was welcomed in each Process article on page 4 or visit our gree of knowledge possible in order for course design. During the past few web site to review the full investigative you to do your job. Please contact us. years, licensees petitioned the Com- and hearing process. Within this new The Commission listens! mission to allow more flexibility in the process is the requirement that the Com- program. As everything does in the missioners review and approve an in- state government process, it took a vestigative report before action can while to achieve the requested flexibil- commence against a licensee. ity, and we have now approved a Core Currently, the Commission is re- Course and multiple avenues in which searching the single licensure issue with Inside this Issue to obtain elective courses. other states that have implemented this You, the industry, and the Commis- concept. Since the agency relationship 2003 Legislation ...................3 sion recognized the need for more edu- with the consumer, buyer or seller, is cation to increase the professionalism generally with the salesperson, not the Course Schedules ..................3 of the licensee while hopefully decreas- designated broker, it makes sense for ing the number of complaints. Together all licensees to be brokers. Double Dipping ................. 7-8 we crafted the present law increasing We have been studying the present the Continuing Education requirement E&O Update ...................... 12 designated agency statute to determine to 16-elective credit hours plus the Core whether the time has come to make New Online Features ............3 Course, not to exceed four credit hours. some revisions in the original law. The Real Estatement Staff Changes Vol. 22, No. 1 January 2003 Jennifer Humphreys joined the Idaho Real Estate Com- mission on August 19, 2002, as Office Specialist in the The Real Estatement is an official Licensing and Education departments. Jennifer grew up in publication published semiannually by Lewiston and moved to Boise to be closer to her family. She the Idaho Real Estate Commission. has worked for several different state agencies in the last 5 Articles by outside experts express years, most recently the Idaho Transportation Department. the author's particular viewpoints. These opinions are not necessarily shared by Jennifer Humphreys Recently engaged, Jennifer and her fiancée plan on getting the Commission, nor should they be married next year. She enjoys painting miniatures and putting mistaken for official policy. The articles together jigsaw puzzles. are included because we feel they will be Nancy Mesaros joined the Idaho Real Estate Commis- of interest to the readers. Submissions sion on June 25, 2002, as Inspector in the Enforcement are solicited; however, articles should Department. She replaces Craig Boyack who was promoted not exceed 500 words in length and may to the Investigator position. be edited as space and content make Nancy is an Idaho native with 14 years of real estate necessary. experience as an office manager and licensed personal Reprint permission is granted pro- assistant in Twin Falls and 5 years in the banking industry. vided credit is given to the Commission Nancy Mesaros Her formal education consists of a bachelor’s degree in and the author. Any article separately accounting from Utah State University. Nancy resides in copyrighted by its author(s) also requires Boise, has two grown daughters and two perfect grandchil- permission from the author(s). dren who monopolize all of her free time. Costs associated with this publica- tion are available from the Idaho Real Estate Commission in accordance with Idaho Real Estate Commission Guidelines section 60-202, I.C. 1-03/7,500/429. Please advise the Commission office The Commission publishes “Guidelines” to further explain the Idaho Real of any individuals with disabilities need- ing accommodation. Estate License Laws and Rules. They can be found on our web site at www.idahorealestatecommission.com. Idaho Real Estate Commission: The Business Conduct and Office Operations (BCOO) correspondence course 633 North Fourth Street also contains the Guidelines and can be purchased from the Commission office for P.O. Box 83720 $20. Boise, Idaho 83720-0077 Guideline topics include: (208) 334-3285 ♦ Cancellation or Withdrawal of Listings (866) 447-5411 Toll free in Idaho (208) 334-2050 Fax ♦ Out-of-state Real Estate Agents Acting in Idaho 1 800 377-3529 TRS ♦ Regular Employee Status Determination www.idahorealestatecommission.com ♦ Guaranteed Sales Plans ♦ Guidelines for “Suspended” Brokers Governor ♦ Approved Escrow Holders Dirk Kempthorne ♦ Terms Under Which Rental or Lease Fees May be Split with Nonlicensed Persons Idaho Real Estate Commission ♦ Splitting Fees with Nonlicensed Persons Prohibited Ron Clawson, Idaho Falls ♦ Offices with Similar Business Names Operating at the Same Address Diane Duncan, Coeur d’Alene ♦ Offering Incentives to Potential Buyers Bob Jones, Boise ♦ Licensed Idaho Resident with Nonresident Broker Steve Kohntopp, Twin Falls ♦ Disputed Earnest Money Education Council ♦ Establishing Real Estate Trust Accounts Gene Galloway, Pocatello ♦ Presentation of Multiple Offers by the Listing Agents Gail Heist, Boise ♦ Use of Unlicensed Assistants and Office Staff Bob Jones, Boise ♦ HUD Regulations on Referral Fees Donna Jones, Boise ♦ Signatures and the Use of Counteroffer Forms Beckie Kukal, Jerome ♦ NonAgency Bill Zales, Coeur d’Alene ♦ Telephone Solicitation ♦ Auctioneers of Real Estate Editor...Jill Randall ♦ Licensees’ Personal Transactions to be Conducted Through a Respon- Assistant Editor...Marty Wallis sible Broker 2-The Real Estatement January 2003 2003 Commission Legislative Package by Donna M. Jones, Executive Director The Commission has developed two Bill Authorizing Commission proposals for the 2003 Idaho Legisla- Review of License Applications of tive Session. We reviewed and ac- Convicted Felons cepted input from the Idaho Associa- At present, the License Law pro- tion of REALTORS® Executive Com- vides a five-year “waiting period” be- mittee and made a number of revisions fore a convicted felon can qualify for a Donna Jones based on those comments and sugges- license. Once the five-year period has tions. elapsed, the Commission is without au- drafted a new proposal, which is a As a result of this process the Com- thority to deny a license based upon the significant change from that submitted mission has developed two separate applicant’s convictions. This is so, re- last year, and which addresses the con- bills. The first is a Housekeeping bill. gardless of the seriousness of the con- cerns expressed by those legislators. The other is specific to the process for viction, its relationship to the practice of There are a few other “housekeep- licensing persons who have been con- real estate, and any other circumstances ing” types of changes also contained victed of a felony. This second proposal that may be relevant to the applicant’s within this bill. would grant the Commission the au- suitability for a license. First, the Commission is seeking to thority to review the applications of In order to better protect the public, change the “trigger” event for the 5- persons who have been convicted of a the Commission would like to assume year waiting period. This period will felony, in accordance with specific cri- the responsibility of reviewing the appli- begin when the applicant is released teria bearing upon the person’s suitabil- cations of convicted felons before grant- from probation or parole, which will ity for a real estate license. ing a real estate license. always be later than when the person is Below is a brief description of each This bill would provide the Commis- convicted or released from prison. The bill. sion with authority to review the license amendment would also delete certain applications of any person who has language, which is redundant of the Housekeeping Bill been convicted of any felony. It also definition of the “conviction” already This proposal amends: sets forth the standards that the appli- existing in the License Law. Section 54-2003(3) adding back into cant must meet and lists the criteria that Finally, section 54-2012(h ) is being law the requirement that brokerages will be considered by the Commission. amended. The reason is that the proce- who conduct transactions for mobile Last year, the Commission introduced dure for fingerprinting is set elsewhere homes, motor homes or floating homes, a similar measure which was with- in state statute and federal law. which are not “real estate”, must com- drawn after concerns were expressed We believe this bill is of tremendous ply with the License Law with regard to by some Senate committee members. importance to the industry, to the safety those transactions. However, the Commission remains very of the public, as well as real estate Section 54-2013(6) allowing for “self- concerned with the licensing of con- licensees. The Commission is asking certification” of compliance with insur- victed felons. Accordingly, we have for your support. ance requirement, making proof of in- surance subject to audit by the Com- mission. Questions & Answers Section 54-2018(8) clarifying that a Question: Can an agent pay a re- their jurisdiction prior to paying the licensee does not get a refund if he ferral fee to a licensee in another fee. decides to terminate the license. state? 54-2023(2) clarifying that the licensee Answer: License law 54-2054(2) Question: Can a brokerage adver- will not get Continuing Education (CE) states that you cannot pay any part or tise that anyone buying a home from credit twice for taking the same Core share of a commission, fee or compen- them, during a specific time period, will Course, or for taking the same course in sation to any person who is not actively receive a rebate? the same license period. licensed in Idaho or in another state or Answer: License law 54-2054(2) Section 54-2035 responding to IREC jurisdiction. The Idaho broker making allows a licensee to pay any part or and IAR concerns over the fact that the the payment is responsible for verify- share of a commission, fee or compen- requirements for certification exist in ing the active licensed status of the sation received directly to a principal policy rather than law. The amendment receiving broker. to the transaction. However, no com- re-organizes the subsection, and brings It is therefore permissible to pay mission, fee or compensation may be long-standing written policy into the referral fees to brokers outside of Idaho. split with any party to the transaction in statute. You must verify that the person re- a manner which would directly or indi- ceiving the fee is actively licensed in (continued on page 19) January 2003 The Real Estatement-3 The Investigative & Hearing Process Revised October 2002 This abbreviated article has been prepared to better inform real estate licensees of the procedures followed during an investigation and disciplinary proceeding. A complete copy, as well as the Rules of Practice and Procedure, may be accessed at our web site at www.idahorealestatecommission.com, or may be provided upon request from the Commission office. The Commission is authorized by stat- sonable investigative questions of the the completed investigation are suffi- ute to administer and enforce the Real Commission, and must make available, cient to support the filing of an Adminis- Estate License Laws and Rules and to promptly upon request, any and all records trative Complaint. In the event the facts investigate the actions and discipline any to the Commission at the licensee’s own are determined to be insufficient, the licensee found to have violated these cost and at the location or in the manner Staff will issue a letter of “no action” and laws. However, the Commission has no requested by the Commission. the matter will be closed. jurisdiction or authority to adjudicate the Authority to Discipline. The Com- In general, the Staff employs the fol- contractual rights of parties, to force a mission may temporarily suspend or per- lowing procedures when conducting an real estate licensee to perform under the manently revoke licenses, issue a formal investigation: terms of a contract, or to award dam- reprimand and impose a civil penalty in At the onset of the investigation, the ages. There are civil remedies that may an amount not to exceed $5,000, and Commission investigator writes to the be available to the complaining party by assess costs and attorney’s fees for the licensee being investigated, informing filing a lawsuit in a court of appropriate cost of any investigation and administra- him or her of the complaint or informa- jurisdiction. Disputes involving $4,000 tive or other proceedings against any tion received, and requests that the li- or less may be resolved in Small Claims licensee who is found to have violated censee respond to the allegations in writ- Court. any section of the Idaho Code, the ing. The licensee may be asked to pro- A person is acting “within the state Commission’s administrative rules or any vide a written response to specific ques- of Idaho” if that person is dealing with order of the Commission. The Executive tions posed by the investigator, or to any interest in real property or a business Director may issue informal letters of provide documents or other information. opportunity involving an interest in real reprimand to licensees without civil pen- After receiving the licensee’s written property, which is situated in this state, alty or cost assessment. responses, the investigator may request or is conducting or attempting to con- The Commission may impose a civil a meeting with the licensee and may duct or solicit real estate business with penalty in an amount not to exceed $5,000 direct the licensee to bring additional residents of the state of Idaho. and assess costs and attorney’s fees for documents. Typically, the documents Audits. The Commission or its duly the cost of any investigation and admin- requested are those related to a real estate authorized representative is authorized to istrative or other proceedings against any transaction and are normally kept in the conduct periodic inspections, surveys person who is found, through a court or licensee’s office. In some instances it and audits of the transaction records and administrative proceeding, to have acted may be necessary for the investigator to real estate trust accounts of all Idaho without a license in violation of section remove original documents to another licensed designated brokers. 54-2002, Idaho Code. location for copying. Where this occurs, Any transaction records or real estate The civil penalty provisions of this the licensee may request a receipt de- trust account records located outside the section are in addition to, and not in lieu scribing the originals taken and indicat- state of Idaho shall promptly be made of, any other actions or criminal penalties ing when they will be returned. available to the Commission upon re- for acting as a broker or salesperson Once the investigation is completed, quest at the licensee’s own cost and at without a license. the results and any recommendations are the location or in the manner requested Complaint and Investigative Pro- forwarded to the Executive Director for by the Commission. cess. Consumer complaints alleging li- a decision on how to proceed. Based If the analysis of a broker’s real estate censee misconduct must be submitted in upon the results of the investigation, the trust account indicates a deficiency or writing to the Commission. A complaint Executive Director may decide (1) to any irregularity which cannot be re- alleging facts that, if true, would consti- conclude the matter at that point, by solved between the Commission and the tute a violation of the license laws, will be either closing the case or by issuing an broker, the Commission may order a investigated by Commission Staff (Staff). informal Staff Letter of Reprimand; (2) complete audit of the trust account by a The Staff may also initiate an investiga- request additional information; or (3) certified public accountant at the broker’s tion upon information received by the pursue disciplinary action against the expense. Executive Director. The fact that Staff licensee. Licensee’s Duty to Cooperate. The is conducting an investigation does not Prior to pursuing disciplinary action, Commission also has the authority to mean that Staff is seeking to take action the Executive Director will submit a investigate the action of any Idaho li- against a licensee. written report to Commission members censee as provided in this section. The The Staff will pursue disciplinary ac- containing a summary of the relevant licensee or broker shall answer all rea- tion only where the facts revealed through (continued on page 5) 4-The Real Estatement January 2003 DON’T GET CAUGHT WITH YOUR LICENSE DOWN Double Dipping by Terry Ruettgers, Chief Investigator John was the designated broker of an he was in violation of license law by office with 73 agents and had enjoyed collecting fees from two parties and great success for the past several years. not disclosing it in writing to both His agents worked hard and several parties to the transaction. Then the had both licensed and unlicensed assis- other shoe fell. John was also facing tants. He was progressive enough to another charge for “fee splitting with realize it would be of benefit to both his an unlicensed person” by giving this Terry Ruettgers agents and the consumers who listed fee to the transaction coordinator who and bought property through his office, wasn’t licensed. if he had “transaction coordinators” to After reviewing his closed transac- follow up on some of the detail work tions for the past year, the amount of that is often “let go”. fees collected and not disclosed were for the administrative action and given While the agents could also see the substantial. Additionally, there were a formal reprimand for his actions. benefit of increased production and several transactions where a buyer or Transaction fees are NOT illegal; more freedom to do what they liked to seller had not agreed to pay this trans- just remember if you are “double dip- do best (sell and list property) some action fee, but they were charged the ping” that you need to disclose this agents had problems with paying the fee at closing. in writing to both parties, either in the “transaction coordinator” out of their After an administrative hearing, John Purchase and Sale Agreement or an commission splits. was required to pay a civil fine of addendum. If you do this you won’t get One of John’s more progressive $3,500, the costs and attorney’s fees caught with your license down. agents came up with the idea of charg- ing a “transaction fee” to both buyers and sellers to cover the agent’s as- sessed costs. When he listed a prop- (Investigave from page 4) Staff will provide to the licensee the erty, the agent disclosed there would be a $175 transaction fee charged in addi- option to informally resolve the matter tion to the brokerage fee. Likewise, facts determined through the investiga- through stipulation, without the com- when he was working with a buyer, tion, and a summary of the alleged mencement of formal administrative pro- violations of law. This report will not ceedings. The letter will also describe either as an agent for the buyer or a contain the parties’ names, locations or the licensee’s right to formal hearing. non-agent he would have them agree in other identifying information. The licensee will be given a set period of writing to a transaction fee of $175. The Commission will review the re- time within which to advise the Staff on While some sellers and buyers had port to determine whether the facts are how he or she desires to proceed. objected to this, most seemed to just sufficient to pursue an action against the At any time during the investigation assume it was a normal fee that was licensee. If the Commission determines or hearing process of the Commission, charged to everyone, and they went that the facts are insufficient, no disci- a licensee may seek legal advice from an along with it. plinary action will be taken. The com- attorney. The Commission strongly rec- Other agents in John’s office started plainant and the responding licensee will ommends that a licensee consult with charging the fee to their sellers and be notified in writing of this “no action” an attorney upon receipt of any notice buyers, until it seemed most of the determination. indicating that disciplinary action is be- agents were doing it. John was very If, however, the Commission deter- ing pursued. aware of the fee being charged since mines the facts in the report are suffi- On occasion the Executive Director he reviewed the listings, represen- cient to proceed with a formal disciplin- may resolve matters informally when it tation, and compensation agree- ary action, the Commission will autho- is determined that the law would best be ments as they came in. rize the Staff to pursue formal disciplin- served by a conference to correct the Since the fee was disbursed straight ary proceedings. problem. Because an “Informal In- from the title company to his commis- In that event, the licensee will receive quiry” may lead to a decision on the part sion account and then to the “transac- a written notice from the Staff summa- of the Executive Director to pursue tion coordinator”, John felt that things rizing the facts revealed by the investi- formal disciplinary action, a licensee were working very smoothly. gation and the violations that the Staff may be represented by counsel during That was until the Commission au- believes occurred. Within the letter the this inquiry as well. dited him and the Inspector told him that January 2003 The Real Estatement-5 Continuing Education! Check out the Real Estate Commission’s web site for a great new resource! Recently revised, the web site helps to answer many of the recurring questions we’ve received regarding CONTINUING EDUCATION. The web site also guides the licensee through the requirement and the various choices of how to meet the continuing education requirement. Please take a moment to discover this great resource: http:// www.idahorealestatecommission.com/EdCorner/CEinfo.html As always, if there are any questions or comments about the CE program, feel free to contact our office! 6-The Real Estatement January 2003 Continuing Education Audit Update By Jill Randall, Education Director It has been six months since the mission achieve its goal of 100% Commission enacted its policy of re- compliance. quiring the renewing licensee to certify Read your renewal application. It that he or she meets all qualifications says “I certify under penalty of perjury for renewal, including completion of that I have taken and completed these approved continuing education. Sub- continuing education courses listed mission of the renewal application with above as required by the Idaho Real that certification will result in the Estate License Law and Rules. I fur- Jill Randall Commission’s reliance on the certifica- ther certify that I have obtained Errors tion and the renewed license will be & Omissions Insurance as required by issued. The Commission then selects law. I agree to furnish to the Idaho Real renewed licensees to verify the comple- Estate Commission, upon request, suf- 2002. None of the continuing education tion of the clock hours as certified for ficient evidence of having completed taken for the September 2000 renewal the issuance of the renewed license. these requirements...” can be counted for the 2002 renewal, During the first 4 months, we audited Check your course certificates be- even though some of the courses were 151 renewed licensees and, of that fore renewing. By submitting your re- completed within the 2000-2002 license number, 9 licensees were found to have newal application, you are telling the term. The courses completed before not completed the continuing education Commission that you have met all the the license was last renewed on Octo- as they certified to on the renewal requirements for renewal on that date; ber 1st cannot be double-counted for application. These licensees face sanc- not that you may be registered to take the 2002 renewal. tions ranging from a Staff Letter of some courses or that you have returned Most Importantly... Reprimand and Civil Penalty to license a distance education course examina- DO NOT submit your license re- revocation and Civil Penalty. tion for scoring, but rather that you have newal application until you have The underlying conduct in these cases actually completed the courses, includ- checked each course certificate to en- has included failing to complete the ing the current Core Course, and that sure that the courses are valid toward current Core Course, submitting certifi- you have in your possession the course your current renewal, that you have cates for courses used to renew two certificates to verify the certification completed the core course and that you years ago, miscalculating the number of statement on the date you mail your have completed the minimum hours clock hours earned, returning distance renewal application. required for renewal. education courses for scoring but not Complete the required Core Course. receiving certificates verifying comple- The Commission has always required tion at time of renewal and registering completion of the Core Course for re- for courses but not completing the newal. The Commission updates the courses. Regardless of the underlying Core Course each July to ensure that reason, the fact is that the licensee had the course is timely and meaningful. not completed the approved continuing The Core Course contains Case Law, education as the licensee certified for Legislative Update, and Hot Topics. the issuance of the renewed license. As Know the dates your continuing edu- In Memory... evidenced by the actions reported above, cation is valid. If you renew your li- The Idaho Real Estate Commission the Commission has established a zero- cense late, remember that any continu- extends their sympathies to the fami- tolerance policy for such conduct and ing education completed for that re- lies of: will impose sanctions for such conduct. newal may not be used for the next The good news is that the majority of renewal cycle. For example, a licensee C. Blaine Breckon, Nampa licensees responding to the audit had was last due for renewal on September Jimmie David Ferguson, Nampa completed the approved continuing edu- 30, 2000, but did not complete all the Clinton Parkinson, Orem, UT cation as they had certified to on the continuing education hours until Octo- Maricela Rodriguez, Caldwell renewal application. The Commission’s ber 1, 2000, at which time, he renewed Patsy Spiker, Boise expectation is 100% compliance. his license late. The license is now due Ronald K. Vaughn, Emmett What you can do to help the Com- for renewal again on September 30, January 2003 The Real Estatement-7 Licensing Update By Neal Bernklau, Licensing Supervisor ERRORS & OMISSIONS Under the new contract, the insur- INSURANCE UPDATE ance company, RISC, will be collecting Effective October 1, 2002, a new the premiums for the group policy and process called E&O Self-Certification, they will download the information to was created for E&O insurance. On all the Commission’s database. Licensees renewals and change forms submitted should contact RISC directly at 1-800- to the Commission office the licensee 637-7319 for questions regarding E&O must certify that they have and will insurance. The group policy has an Neal Bernklau continue to maintain E&O insurance annual renewal, therefore, ALL while they hold an active license. The group E&O insurance policies will licensee must keep proof that they have expire October 1, 2003. insurance and submit it to the Commis- The Commission staff has also sion upon request. changed the administrative process for ♦ Renew license up to 90 days Also on October 1, 2002, Medmarc independently obtained E&O insurance. early Insurance Company, through Rice In- Offices are no longer required to submit ♦ Renew late license (up to one surance Services Company, LLC annual Certificates of Coverage for year from license expiration (RISC), entered into a new E&O insur- each licensee. The only time that a date) ance contract. All licensees were mailed Certificate must be submitted is when ♦ Print renewed license notification by RISC the first two weeks specifically requested for compliance ♦ Search our Licensee database of August notifying them of the changes review purposes. in “real time” by Last Name, in the E&O program. As of October First Name, Company Name, 16, 2002, there were 750 licensees NEW ON-LINE SERVICE that had not purchased E&O insur- On October 1, 2002, the Commission City, County, or by more than ance. Idaho Code 54-2013 requires and Access Idaho activated the ex- one search criteria that all active licensees maintain E&O panded online services internet portal. Brokers can: insurance either by the group contract With this upgraded service, licensees ♦ Add or remove associates from or an independently obtained policy. can: their office For those who did not renew, if you ♦ Change personal address ♦ Change address of the office(s) have been identified as practicing real ♦ Register for IREC sponsored ♦ Change the name of the office estate without E&O insurance, there courses ♦ Print licenses for new associ- will be a civil penalty fine ranging from ♦ Change personal name ates $50 to $250 and your license will be inactivated. ♦ Review posted education ♦ Print duplicate licenses Lewis County Planning & Zoning Requires Building Permits by Ron Werhan, Lewis County Planning & Zoning Coordinator Lewis County requires building per- permit. Upon notifying the property permit is issued, a property owner also mits and every county requires an elec- owner, he stated that his Lewiston RE- needs a septic permit from the Health trical permit for a residence. A recent ALTOR® had told him when he re- Deptartment Following this situation follows that makes it crucial cently purchased this property that REALTOR®’s direction, this new prop- that all REALTORS® understand each Lewis County did not require building erty owner has major costly corrections county’s requirements. permits and that is why he chose to and replacements to be completed be- Lewis County Planning & Zoning purchase in Lewis County rather than fore his septic system, already installed, Department came upon an interesting Nez Perce County. The owner also meets code and he can apply for a situation recently when one of our county stated that he has it in writing from this building permit for his residence that is employees was on tour of a section of Lewiston REALTOR® that a building almost completed. He is not a “happy Lewis County and discovered a build- permit was not required. camper”! ing being erected without a building As you well know, before a building 8-The Real Estatement January 2003 Course Schedules January - June 2003 Sales Prelicense A total of 90 hours of approved real estate education is required for a salesperson’s license. Specific information concerning education requirements for licensure can be found in the Idaho Real Estate License Manual. To register for a course, contact the provider. See last page of course schedule for a list of providers. Essentials of Real Estate (45 hours) Intended for the beginner in real estate who has little, if any, previous knowledge in the field. A solid core of fundamental concepts will be studied. This course partially fulfills the educational requirements for a salesperson’s license. Dates Time Provider Location Cost Instructor Correspondence (Fin C201 Fund. of Real Estate) U of I/IS N/A $300 Loegering Correspondence (RE305x 3 credits RE Essentials) WSU N/A $495 Crellin On-line (Real Estate & Urban Economics) UofWy N/A $420 Sunderman Jan. 6-10, 13 8am-5pm Pioneer Boise $275 Byers Jan. 6-16 9am-6pm NIC Post Falls $249 Hatch Jan. 6-Feb. 12 6pm-10pm Pioneer Boise $275 Jonas Jan. 8-10, 13-15 8am-5pm AREC Boise $275 Heist Jan. 13-May 15 6pm-9pm BSU Boise $450 Loegering Jan. 14-March 16 7am-10pm EITC Idaho Falls TBA TBA Jan. 15-17, 29-31 8am-5pm CSI Twin Falls $333 Brawley Jan. 21-Mar. 11 6pm-9pm BSU-WFT Nampa $275 TBA Feb. 3-7, 10 8am-5pm Pioneer Boise $275 Byers Feb. 5-7, 10-12 8am-5pm AREC Boise $275 Heist Feb. 17-Mar. 26 6pm-10pm Pioneer Boise $275 TBA Mar. 3-7, 10 8am-5pm Pioneer Boise $275 Byers Mar. 3-11 9am-6pm NIC Post Falls $249 Hatch Mar. 3-15 6pm-10pm ISU Pocatello $215 Johnston Mar. 5-7, 10-12 8am-5pm AREC Boise $275 Heist Mar. 17-19, 24-26 8am-5pm CSI Hailey $333 Heist Mar. 19-21, 26-28 9am-6pm LCSC Lewiston $230 Aubertin Mar. 31, Apr. 1-4, 7 8am-5pm Pioneer Boise $275 Byers Mar. 31-May 7 6pm-10pm Pioneer Boise $275 Jonas Apr. 2-4, 7-9 8am-5pm AREC Boise $275 Heist Apr. 23-25, 28-30 8am-5pm AREC Boise $275 Heist Apr. 28-30, May 1, 2, 5 8am-5pm Pioneer Boise $275 Byers Apr. 29-May 6 9am-6pm NIC Post Falls $249 Hatch June 2-6, 9 8am-5pm Pioneer Boise $275 Byers June 4-6, 9-11 8am-5pm AREC Boise $275 Heist Real Estate Practices (45 hours) Designed for the real estate student who has a basic understanding of the fundamental concepts of real estate. Completion of Practices and its prerequisite course will satisfy the educational requirements for a salesperson’s license. Prerequisite: Essentials of Real Estate. Dates Time Provider Location Cost Instructor Jan. 7-Feb. 13 6pm-10pm Pioneer Boise $275 Townsend Jan. 14-17, 20-21 8am-5pm Pioneer Boise $275 Byers Jan. 16-17, 20-23 8am-5pm AREC Boise $275 Heist Feb. 3-11 9am-6pm NIC Post Falls $249 Hatch Feb. 11-14, 17-18 8am-5pm Pioneer Boise $275 Byers Feb. 13-14, 17-20 8am-5pm AREC Boise $275 Heist Feb. 18-Mar. 27 6pm-10pm Pioneer Boise $275 Townsend Mar. 11-14, 17-18 8am-5pm Pioneer Boise $275 Byers Mar. 13-14, 17-20 8am-5pm AREC Boise $275 Heist Mar. 18-May 13 6pm-9pm BSU-WFT Nampa $275 TBA Mar. 20-29 8am-5pm EITC Idaho Falls TBA TBA Apr. 1-May 8 6pm-10pm Pioneer Boise $275 Learned Apr. 2-4, 9-11 9am-5pm LCSC Lewiston $230 Aubertin Apr. 7-9, 16-18 8am-5pm CSI Hailey $333 Clifton Apr. 7-18 8am-1pm ISU Pocatello $215 Galloway Apr. 7-9, 12, 14-15 9am-6pm NIC Post Falls $249 Hatch Apr. 7-9, 14-16 8am-5pm CSI Twin Falls $333 Brawley Apr. 8-11, 14-15 8am-5pm Pioneer Boise $275 Byers Apr. 10-11, 14-17 8am-5pm AREC Boise $275 Heist May 1-2, 5-8 8am-5pm AREC Boise $275 Heist May 6-9, 12-13 8am-5pm Pioneer Boise $275 Byers May 13-June 19 6pm-10pm Pioneer Boise $275 Tracy June 2-10 9am-6pm NIC Post Falls $249 Hatch June 10-13, 16-17 8am-5pm Pioneer Boise $275 Byers June 12-13, 16-19 8am-5pm AREC Boise $275 Heist January 2003 The Real Estatement-9 Broker Courses Four additional courses of at least 90 hours of advanced approved real estate education is required for a broker’s license. Specific information concerning educational requirements for licensure can be found in the Idaho Real Estate License Manual. To register for a course, contact the provider. These courses are also approved for elective continuing education credit. Alternative Finance (20 hours) Elective course for broker’s license. Designed as an introduction to creative financing. It examines why “creative” financing is necessary. Included is a discussion of “tools” for creative financing and how they are used. Date Time Provider Location Cost Instructor May 9-10, 12 9am-6pm NIC Post Falls $195 Hatch Areas of Real Estate Specialization (30 hours) Elective course for broker’s license. For the Graduate, REALTORS® Institute (GRI) designation. The GRI program is designed to educate and train persons in the residential real estate brokerage business in which their primary activity is the brokering of single-family home ownership property. required. Contact the Idaho Association of REALTOR® for more information regarding the GRI designation requirement. Date Time Provider Location Cost Instructor Feb. 3-4 (Module 1) 8am-5pm IAR Boise TBA Various Feb. 5-6 (Module 2) 8am-5pm IAR Boise TBA Various May 8-9 (Module 1) 8am-5pm IAR Coeur d’Alene TBA Various Brokerage Management (30 hours) Required course for broker’s license. Intended to help a person understand how to set up and run a real estate brokerage office and emphasizes the application of management techniques required for the brokerage operation. Date Time Provider Location Cost Instructor Feb. 24-27 8am-5pm Pioneer Boise $250 Jonas Mar. 28-29, Apr. 4-5 9am-6pm NIC Post Falls $249 Albi May 1-2, 8-9 8am-5pm CSI Twin Falls $255 Brawley/Briggs Finance (30-45 hours) Elective course for a broker’s license. Designed as an introduction to real estate financing and includes a study of the sources and application of funds, the financial instruments commonly used, institutional structures and policies, and loan processing. Each student must be familiar with a financial calculator prior to enrolling. Date Time Provider Location Cost Instructor Correspondence (BUS C262) UofI-ISO $300 Hatch On-Line U of WY $420 Sunderman Jan. 27-30 8am-5pm IAR Coeur d’Alene TBA Clifton Feb. 13-14, 20-21 8am-5pm CSI Twin Falls $255 Clifton June 23-26 8am-5pm Pioneer Boise $250 Clifton Law (30-45 hours) Required course for broker’s license. Designed for the real estate professional as a course in the general principles of law governing the interest in real estate, and to acquaint the student with how the law works, but is not intended to be a substitute for competent legal counsel. Date Time Provider Location Cost Instructor Correspondence (Bus 263) UofI-ISO Moscow $300 Felton Jan. 28-31 8am-5pm Pioneer Boise $295 Justin May Mar. 6-7, 13-14 8am-5pm CSI Twin Falls $255 J Dee May Valuation and Analysis (30-45 hours) Elective course for a broker’s license. An introductory course covering the purpose of appraisals, the appraisal process and the different approaches, methods, and techniques used to determine the value of various types of property. Date Time Provider Location Cost Instructor Mar. 22-23, 29-30 8am-5pm EITC Idaho Falls TBA TBA Apr. 10-11, 17-18 8am-5pm CSI Twin Falls $255 Nelson Apr. 22-25 8am-5pm Pioneer Boise $295 Nelson Other Courses Business Conduct & Office Operations (4 hours) Designed for brokers, sales associates, secretaries, bookkeepers, and other related personnel, this course acquaints them with the current laws, rules and procedures governing the handling of client funds, brings participants up-to-date on changes in the laws, rules and procedures governing the handling of client funds, and assists real estate firms in developing good record keeping and business practices. This course is approved for elective continuing education credit. Date Time Provider Location Cost Instructor Correspondence IREC n/a $20 Staff Jan. 9 9:30am-1:30pm IREC Nampa $20 Mesaros 10-The Real Estatement January 2003 Business Conduct & Office Operations (continued) Date Time Provider Location Cost Instructor Jan. 24 8:30am-12:30pm AREC Boise $35 Heist Mar. 26 8:30am-12:30pm AREC Boise $35 Heist May 12 8:30am-12:30pm AREC Boise $35 Heist June 20 8:30am-12:30pm AREC Boise $35 Heist Train the Trainer Workshop (various hours) A fun, informative and practical workshop designed for real estate office trainers, certified real estate instructors, or anyone who wants to improve their adult teaching skills. Course provider and workshop administrators are also encouraged to attend. Date Time Provider Location Cost Instructor May 13-14 8am-5pm IREC Boise $100 TBA June 22-25 (REEA Annual Conference) REEA Philadelphia, PA TBA Various Continuing Education These courses are intended to keep the licensee abreast of changes in the real estate profession. There are Core Courses that all licensees are required to take and elective courses that the licensee may take in their particular field or one of interest. See the CE Information page for more information about these courses. Distance Learning Name Hours Provider Cost Instructor ADA & Fair Housing (on-line) 4 REWeb $45 LaMere Business Conduct & Office Operations (correspondence) 4 IREC $20 Staff Buyer Brokerage (Video or Audio) 4 IREC $15 Staff Buyer Representation in Real Estate (on-line) 6 CEOO $45 Myers Consensual Dual Agency (on-line) 4 REWeb $45 LaMere Environmental Issues in Your RE Practice (on-line) 6 CEOO $45 Myers Ethics in Real Estate (on-line) 4 REWeb $45 LaMere Ethics in Real Estate (on-line) 6 CEOO $45 Myers Intro to Commercial Real Estate Sales (on-line) 6 CEOO $45 Myers Property Management & Managing Risk (on-line) 6 CEOO $45 Myers Real Estate Math (on-line) 4 REWeb $45 LaMere Real Estate & Taxes (on-line) 6 CEOO $45 Myers Red Flags: Property Inspection Guide (on-line) 6 CEOO $45 Myers CE Core (Video or Audio) 4 IREC $15 Staff Live Courses Course Name Hrs Dates Provider Location Cost Instructor CE Core 4 Jan. 6 AREC Boise $35 Heist Buyer Brokerage 4 Jan. 6 AREC Boise $35 Heist Cracking the Code-Understanding the Code Ethics 4 Jan. 7 AREC Boise $35 Heist Business Conduct & Office Operations 4 Jan. 9 IREC Nampa $20 Mesaros CE Core 4 Jan. 9 NIC Post Falls $39 Hatch RE Broker/Salesperson Liabilities 4 Jan. 10 NIC Post Falls $39 Albi Commission Meeting 3 Jan. 16 IREC Boise $0 N/A Investment Real Estate Workshop 12 Jan. 22-23 IAR Boise $149/179 Still Buyer Brokerage & Red Flags: Property Inspection 8 Jan. 22 Pioneer Boise $65 Byers CE Core 4 Jan. 23 Pioneer Boise $45 Byers Business Conduct & Office Operations 4 Jan. 24 AREC Boise $35 Heist Buyer Brokerage 4 Jan. 29 AREC Boise $35 Heist CE Core 4 Jan. 29 AREC Boise $35 Heist Cracking the Code-Understanding Code of Ethics 4 Jan. 30 AREC Boise $35 Heist CE Core 4 Jan. 30 AREC Boise $35 Heist Fair Housing, ADA, & Real Estate Agents 4 Feb. 5 NIC Post Falls $39 Hatch CE Core 4 Feb. 6 NIC Post Falls $39 Hatch RE Broker/Salesperson Liabilities 4 Feb. 10 NIC Sandpoint $39 Albi CE Core 4 Feb. 10 NIC Sandpoint $39 Albi Understanding & Using Real Estate Contracts 4 Feb. 11 NIC Sandpoint $39 Albi Buyer Brokerage & Red Flags: Property Inspection 8 Feb. 19 Pioneer Boise $65 Byers CE Core 4 Feb. 20 Pioneer Boise $45 Byers Commission Meeting 3 Feb. 20 IREC Boise $0 N/A CE Core 4 Feb. 20 IAR Ketchum $TBA TBA Cracking the Code-Understanding Code of Ethics 4 Feb. 20 IAR Ketchum $TBA TBA Buyer Brokerage 4 Feb. 24 AREC Boise $35 Heist CE Core 4 Feb. 24 AREC Boise $35 Heist CE Core 4 Feb. 25 AREC Boise $35 Heist Cracking the Code-Understanding Code of Ethics 4 Feb. 25 AREC Boise $35 Heist January 2003 The Real Estatement-11 Continuing Education Courses (Continued) Name Hrs Dates Provider Location Cost Instructor CE Core 4 Mar. 13 NIC Post Falls $39 Hatch Understanding & Using Real Estate Contracts 4 Mar. 14 NIC Post Falls $39 Albi Buyer Brokerage & Red Flags: Property Inspection 8 Mar. 19 Pioneer Boise $65 Byers CE Core 4 Mar. 20 Pioneer Boise $45 Byers Commission Meeting 3 Mar. 20 IREC Boise $0 N/A CE Core 4 Mar. 24 AREC Boise $35 Heist Buyer Brokerage 4 Mar. 24 AREC Boise $35 Heist CE Core 4 Mar. 25 AREC Boise $35 Heist Cracking the Code-Understanding Code of Ethics 4 Mar. 25 AREC Boise $35 Heist Business Conduct & Office Operations 4 Mar. 26 AREC Boise $35 Heist CE Core 4 Apr. 10 NIC Post Falls $39 Hatch RE Broker/Salesperson Liabilities 4 Apr. 11 NIC Post Falls $39 Albi Buyer Brokerage & Red Flags: Property Inspection 8 Apr. 16 Pioneer Boise $65 Byers CE Core 4 Apr. 17 Pioneer Boise $45 Byers Commission Meeting 3 Apr. 17 IREC Boise $0 N/A CE Core 4 Apr. 21 AREC Boise $35 Heist Buyer Brokerage 4 Apr. 21 AREC Boise $35 Heist CE Core 4 Apr. 22 AREC Boise $35 Heist Cracking the Code-Understanding Code of Ethics 4 May 1 IAR Ketchum $TBA TBA CE Core 4 May 1 IAR Ketchum $TBA TBA CE Core 4 May 1 NIC Post Falls $39 Hatch Fair Housing, ADA, & Real Estate Agents 4 May 1 NIC Post Falls $39 Hatch Understanding & Using Real Estate Contracts 4 May 2 NIC Post Falls $39 Albi CE Core 4 May 7 NIC Sandpoint $39 Hatch Business Conduct & Office Operations 4 May 12 AREC Boise $35 Heist CE Core 4 May 15 AREC Boise $35 Heist Buyer Brokerage 4 May 15 AREC Boise $35 Heist Commission Meeting 3 May 15 IREC Boise $0 N/A Buyer Brokerage & Red Flags: Property Inspection 8 May 15 Pioneer Boise $65 Byers CE Core 4 May 16 Pioneer Boise $45 Byers CE Core 4 May 16 AREC Boise $35 Heist Fair Housing, ADA, & Real Estate Agents 4 June 11 NIC Post Falls $39 Hatch CE Core 4 June 11 NIC Post Falls $39 Hatch Understanding & Using Real Estate Contracts 4 June 13 NIC Post Falls $39 Albi Buyer Brokerage & Red Flags: Property Inspection 8 June 18 Pioneer Boise $65 Byers CE Core 4 June 19 Pioneer Boise $45 Byers Commission Meeting 3 June 19 IREC Boise $0 N/A Business Conduct & Office Operations 4 June 20 AREC Boise $35 Heist CE Core 4 June 25 AREC Boise $35 Heist Buyer Brokerage 4 June 25 AREC Boise $35 Heist CE Core 4 June 26 AREC Boise $35 Heist Who to Contact: Course Providers Provider Name Contact Phone Number Academy for Real Estate Careers (AREC) Gail Heist 208-377-9247 Boise State University (BSU) Sue Ellis 208-426-3356 Boise State University WFT (BSU-WFT) Craig Hoyt 208-426-1860 BYU-Idaho (BYU) Larry B. Wickham 208-496-1040 College of Southern Idaho (CSI) Continuing Ed Online.org (CEOO) Penny Johnson Steve Myers 208-733-9554 206-523-9801 It is highly Department of Veterans Affairs (VA) Eastern Idaho Technical College (EITC) Bruce Newton Ken Erickson 303-914-5618 208-524-3000 recommended Idaho Association of REALTORS® (IAR) Shelby Kerns 208-342-3585 Idaho Real Estate Commission (IREC) Jill Randall 866-447-5411 that you Idaho State University (ISU) Margaret Phelps 208-282-3372 Lewis-Clark State College (LCSC) Rock-el Clanton 800-879-0452 complete the National Assoc. of REALTORS® (NAR) Constance Leahy 800-874-6500 North Idaho College (NIC) Pioneer Real Estate School (Pioneer) Susie McDonald Chuck Byers 208-769-3444 208-377-4300 Core course RealEstateWebSchool.com (REWeb) Tomlinson Black RE School (TBRES) A. Allen Nielsen Jim Carollo 800-532-7649 800-735-2388 each year! Treasure Valley Community College (TVCC) Mike Woodhead 541-889-6493 University of Idaho (Uof I/IS) Independent Study 208-885-6641 University of Wyoming (UofW) Mark Sunderman 307-766-4199 Walla Walla Community College (WWCC) Jane Carroll 509-758-3339 Washington State University (WSU) Robin Stratton 509-335-3557 12-The Real Estatement January 2003 Disciplinary Actions Formal actions issued by the Idaho Agreement. Given a formal reprimand; revocation suspended provided he com- Real Estate Commission: ordered to pay a civil fine of $500; and plies in a timely manner to terms of the Bolan, Robert G. “Bud”, designated required to pay the costs and attorney’s Final Order; must have a CPA reconcile broker with Hailey Realty, Inc., in Hailey. fees. his trust account within 30 days; must Stipulated to violations of Idaho Code Dyrud, Beverly “Jane”, associate repay any shortage within the 30 days; sections 54-2045(1) timing of deposit; broker with Mountain Lakes Realty in must provide monthly reconciliation 54-2060(2) and (3) continuing course of McCall. Stipulated to violations of Idaho within 7 days of receiving his bank state- misrepresentation or making of false Code sections 54-2051(4)(a) failure to ment; is required to pay a civil fine of promises and failure to account for or have signatures dated; 54-2060(2) con- $1,500 and costs and attorney’s fees; remit property. Given a formal repri- tinued or flagrant course of misrepre- and is required to successfully complete mand; ordered to pay a civil fine of sentation; and 54-2060(12) gross negli- a live Business Conduct and Office Op- $1,500; and costs and attorney’s fees. gence or reckless conduct. Given a for- erations course and Brokerage Manage- Budge, Richard W., sales associate mal reprimand; ordered to pay a $5,000 ment Course. Date of service: 03/28/02. with Assist 2 Sell Buyers and Sellers civil fine; required to pay costs and 05/02/02: License revoked for failure Realty in Meridian. Stipulated to viola- attorney’s fees; and required to success- to comply with terms of the Final tions of 54-2054(5) Idaho Code for use fully complete a Real Estate Law course. Order. of double contract; and 54-2045(4) fail- Kreps, Kevin R., sales associate with Smock, Donald R., designated bro- ure to surrender a promissory note to the Windermere Nampa/Caldwell in Nampa. ker for Windermere Coeur d’Alene Re- broker. Given a formal reprimand; or- Real estate license revoked under section alty Inc., in Coeur d’ Alene. Stipulated to dered to pay a civil fine of $2,500; 54-2019(1) and (2) Idaho Code, granting violations of Idaho Code sections 54- required to pay costs and attorney’s a license to him is not in the best interest 2038(1)(a)(b) and 54-2048 for failure to fees; required to successfully complete a of the citizens of Idaho. supervise; and 54-2060(4) failure to keep Real Estate Law course. Mayes, Blake, designated broker with adequate records. Given a formal repri- Butler, Dane A., inactive salesper- RE/MAX Capital City in Boise. Stipulated mand; required to pay $1,000 civil fine; son, previously associated with Coldwell to violations of Idaho Code sections 54- and costs and attorney’s fees. Banker Aspen Realty in Boise. Stipulated 2051(4) for not having all required terms Swehosky, Barbara H., salesperson to violations of section 54-2061(1)(a) and conditions in the Purchase & Sale with Century 21 Beutler & Associates in Idaho Code for conviction of a felony. Agreement; and 54-2038(1) failure to Coeur d’Alene. Stipulated to violation of Real estate license revoked, but license supervise. Given a formal reprimand; section 54-2087(3)(d) Idaho Code, fail- placed in suspended status, during the ordered to pay a civil fine of $500; and to ure to conduct a reasonable investigation period of court ordered probation. Re- pay the costs and attorney’s fees. of the property for a client. Given a quired to pay all license renewal fees Mulick, Lani Ann, formerly the des- formal reprimand; required to pay a civil during this suspended period. License ignated broker with Code of the West in fine of $1,000; and costs and attorney’s may be reactivated after completion of Idaho Falls and currently with Sun Land fees. probation and dismissal of underlying Investments, Inc., in Bellevue. Stipu- Wells, Ranford A. “Randy”, sales charges by the court, but must complete lated to violations of rule 415 and section associate with Windermere Coeur d’Alene current continuing education and have 54-2060(10) Idaho Code for failure to Realty, Inc., in Coeur d’Alene. Stipulated paid his costs and attorney’s fees. If he supervise; and section 54-2060(4) fail- to violations of Idaho Code sections 54- violates his probation, his real estate ure to keep adequate records. Given a 2053(4) misleading advertising; 54- license is revoked immediately. Required formal reprimand; ordered to pay a civil 2085(1) disclosure and writing require- to pay costs and attorney’s fees in the fine of $1,000; and required to pay costs ments of agency relationships; 54-2045(4) amount of $724.22. and attorney’s fees. consideration received by a sales associ- Carlson, Jeffrey, inactive salesper- Price, Robert Scott, salesperson, for- ate; and 54-2060(4) failure to keep ad- son, formerly associated with RE/MAX merly associated with Gate City GMAC equate records. Given a formal repri- Nampa/Caldwell in Nampa. Stipulated to in Pocatello. Stipulated to 54-2061(1)(a) mand; required to pay a $1,500 civil fine; violations of Idaho Code sections 54- Idaho Code, conviction of a felony. His and costs and attorney’s fees. 2060(3) failure to account for property real estate license was revoked. Wiegand, Diane E., designated bro- belonging to others; and 54-2060(12) Sleezer, Marty M., designated bro- ker for Mountain Lakes Realty in McCall. reckless conduct. Given a formal repri- ker with Total Realtors in Wallace. Stipu- Stipulated to violations of Idaho Code, mand; ordered to pay a civil fine of $750; lated to violations of Idaho Code sections sections 54-2045(1) failure to deposit and costs and attorney’s fees. 54-2060(3) failure to account for prop- earnest money; 54-2041(2) failure to care Christianson, Jeffrey L., sales as- erty which belongs to another; 54- for earnest money by returning to the sociate with RE/MAX Capital City in 2086(1)(c) duties to a customer to ac- buyer prior to withdrawal of the offer; Boise. Stipulated to violations of Idaho count for property of a customer; 54- 54-2050 allowing an agent under her Code sections 54-2045(4) not immedi- 2060(12) reckless conduct; 54-2044 fail- supervision to use an expired Seller Rep- ately delivering earnest money to his ure to reconcile; 54-2060(4) failure to resentation Agreement; and 54- broker; and 54-2051(4) (a)(b)(c)(d) to keep adequate records; and 54-2060(5) 2038(1)(a) and (b) failure to supervise make certain all required terms and con- failure to respond. Given a formal repri- and review documents. Given a formal ditions are part of the Purchase & Sale mand; real estate license revoked, but (continued on page 14) January 2003 The Real Estatement-13 (Disciplinary from page 13) Civil penalty fine of $50. Mickelson, Mary L., sales associate Clark, Thomas D., associate broker with Windermere Real Estate/Sun Valley reprimand; ordered to pay a civil fine of with Century 21 1st Place Realty in Boise. LLC in Hailey. Civil penalty fine of $50. $1,500; and costs and attorney’s fees. Civil penalty fine of $50. Middleton, William C., sales associ- Yearsley, Grant L., sales associate Clements, Maurice L., sales associ- ate with First Service Group Real Estate with Valley Real Estate in Garden Valley. ate with Brandt Agency in Nampa. Civil in Boise. Civil penalty fine of $300. Stipulated to violations of Idaho Code penalty fine of $50. Morelan, Jerry H., sales associate sections 54-2060(12) reckless conduct Cogdill, Creighton L., sales associ- with Wolfinger Land & Auction Co. in in a regulated transaction; 54-2053(4) ate with ERA West Wind in Boise. Civil Grangeville. Civil penalty fine of $100. misleading advertising; 54-2051(2)(4)(a- penalty fine of $50. Nahas, Robert W., designated bro- d) incomplete Purchase & Sale Agree- Cooper, Judith F., sales associate ker with Nahas Enterprises, Inc., in Boise. ment; 54-2051(1)(a-e) no valid listing with Hope Realty: Northwest Brokers Civil penalty fine of $100. agreement. Given a formal reprimand; Corporation in Coeur d’ Alene. Civil Pierce, John C., reciprocal managing required to pay a civil fine of $1,500; penalty fine of $50. associate broker with Hall & Hall Part- costs and attorney’s fees; and required to Dillon, Lou Ella, sales associate with ners LLP in Jackson, WY. Civil penalty complete a Real Estate Law course within Sommerfeld Realty, Inc., in Sandpoint. fine of $100. six months. Civil penalty fine of $50. Rollins, Allen R., designated broker Yearsley, Linda, Designated broker Drinkard, Holly Kay, sales associate with Intermountain Land Exchange, Inc., with Valley Real Estate in Garden Valley. with Treasure Valley Properties, Inc., in in Pocatello. Civil penalty fine of $70. Stipulated to violations of Idaho Code Nampa. Civil penalty fine of $100. Sawyers, Samuel L., associate bro- sections 54-2060(12) reckless conduct Farrell, Joseph Alan, sales associate ker with RE/MAX of Boise in Boise. Civil in a regulated transaction; 54-2053(4) with Pace Kerby & Company, Inc., in penalty fine of $100. misleading advertising; 54-2051(2)(4)(a- Bonners Ferry. Civil penalty fine of $100. Shine, William G., sales associate d) incomplete Purchase & Sale Agree- Forno, James E., sales associate with with GMAC Real Estate Northwest in ment; 54-2051(1)(a-e) no valid listing GMAC Real Estate Northwest: Jordan Coeur d’Alene. Civil penalty fine of $100. agreement. Given a formal reprimand; Hill & Hall, Inc., in Coeur d’Alene. Civil Stucker, Pamela, associate broker required to pay a civil fine of $1,500; penalty fine of $100. with Realty One Centre of Boise, Inc., in costs and attorney’s fees; and required to Hancock, Stephen B., reciprocal as- Boise. Civil penalty fine of $50. complete a Real Estate Law course within sociate broker with Jackson Hole Realty; Swenson, Heidi J., salesperson (cur- six months. Real Estate Services LTD in Jackson, rently inactive) with American Realty in WY. Civil penalty fine of $50. Boise. Civil penalty fine of $150. Designated brokers, associate brokers Harmon, Kelly R., sales associate Wali, David S., sales associate with or salespersons issued a civil penalty fine with RE/MAX of Boise in Boise. Civil Colliers International in Boise. Civil pen- for violation of sections 54-2002, 54- penalty fine of $50. alty fine of $50. 2018(2), and 54-2060(10), Idaho Code- Jackson, Jason M., sales associate failure to renew license in a timely man- with Columbia Village Realty in Boise. Designated brokers issued a civil pen- ner, and continuing to practice as a lic- Civil penalty fine of $50. alty fine for violation of sections 54- ensee after license had expired: Jensen, Douglas P., sales associate 2038(3) and 54-2060(10), Idaho Code- Bell, Andrea “Andy”, sales associ- with River City Realty, Inc., in Post failure to adequately supervise by allow- ate with Bushell & Company in Sun Falls. Civil penalty fine of $50. ing an unlicensed person to represent the Valley. Civil penalty fine of $150. Jones, Mark E., sales associate with broker: Bogaert, Paul L., sales associate with Robert Jones Realty, Inc., in Twin Falls. Brandt, Donald K., designated bro- LP Link Associates, Inc., in Coeur d’ Civil penalty fine of $50. ker with Brandt Agency in Nampa. Civil Alene. Civil penalty fine of $50. Lacey, Price A. “Andy”, sales asso- penalty fine of $50. Brickett, Robert Douglas III, sales ciate with Idaho Real Estate Company in Browning Jr., John W., designated associate with Coldwell Banker Nampa. Civil penalty fine of $50. broker with First Service Group Real Schneidmiller Realty in Coeur d’Alene. Lamb, Anjeleigh M., sales associate Estate in Boise. Civil penalty fine of $150. with Coldwell Banker Schneidmiller Re- Bushell, Geoffrey S., designated bro- alty in Coeur d’Alene. Civil penalty fine ker with Bushell & Company in Sun of $50. Valley. Civil penalty fine of $150. License Stats Lukoic, Travis J., sales associate Clark, Richard P., designated broker with RE/MAX of Boise in Boise. Civil with Colliers International in Boise. Civil Active (broker & sales) ........... 5,471 penalty fine of $50. penalty fine of $50. Active brokers ................... 1,735 Mannan, Hilary, sales associate with Clifton, Maurice S., designated bro- Active sales ....................... 3,737 Mark Hall Real Estate in Sandpoint. Civil ker with ERA West Wind in Boise. Civil Inactive (broker & sales) ......... 1,734 penalty fine of $50. penalty fine of $50. Inactive brokers ................... 380 McCann, Michael D., associate bro- Dildine, David W., designated bro- Inactive sales ..................... 1,354 ker with McCann Daech Fenton REAL- ker with Realty One Centre of Boise in Active Companies ................... 1,006 TORS® LLC in Sun Valley. Civil penalty Boise. Civil penalty fine of $50. fine of $50. (continued on page 15) 14-The Real Estatement January 2003 (Disciplinary from page 14) Tracy, Michael Shaun, designated broker with Lewis Clark Real Estate.com broker with RE/MAX of Boise in Boise. in Clarkson, WA. Civil penalty fine of $50. George, Carol Jane, designated bro- Fenton, Jr., Richard, designated bro- Tracy, Michael Shaun, designated ker with Associates First Realty LLC in ker with McCann Daech Fenton Realtors broker with RE/MAX of Boise in Boise. Twin Falls. LLC in Sun Valley. Civil penalty fine of Gorham, Daniel Joseph, designated $50. Civil penalty fine of $100. Tracy, Michael Shaun, designated broker with Windermere Real Estate/ Gorham, Daniel Joseph, designated broker with RE/MAX of Boise in Boise. Sun Valley LLC in Hailey. broker with Windermere Real Estate/ Civil penalty fine of $50. Hellen, Lynda M., designated broker Sun Valley LLC in Hailey. Civil penalty Vaudreuil, Raymond R., designated with Direct Realty in Boise. fine of $50. broker with Hope Realty: Northwest Bro- Jordan, R. Brad, designated broker Hall, Douglas A., reciprocal desig- with GMAC Real Estate Northwest in nated broker with Hall & Hall Partners kers Corporation in Coeur d’Alene. Civil penalty fine of $50. Coeur d’Alene. LLP in Jackson, WY. Civil penalty fine of Walker, Jamie A., designated bro- McFarland, Donald A., designated $100. ker with Treasure Valley Properties, Inc., broker with RE/MAX West-Results, Inc., Hall, Mark V., designated broker in Nampa. Civil penalty fine of $100. in Boise. with Mark Hall Real Estate in Sandpoint. Wolfinger, James P., designated bro- McGraw, Richard W., designated bro- Civil penalty fine of $50. ker with The Real Estate Group in Merid- Hoke, George Bland, reciprocal des- ker with Wolfinger Land & Auction Co. in Grangeville. Civil penalty fine of $100. ian. ignated broker with Jackson Hole Realty; Woolf, Barbara J., designated bro- Noah, Creed A., designated broker Real Estate Services LTD in Jackson, ker with American Realty in Boise. Civil with Creed Noah Real Estate Company in WY. Civil penalty fine of $50. penalty fine of $150. Cambridge. Jones, Robert, designated broker with Youngwirth, Michael D., designated O’Neill, D. Derick, designated bro- Robert Jones Realty, Inc., in Twin Falls. ker with OEI Properties in McCall. Civil penalty fine of $50. broker with River City Realty, Inc., in Post Falls. Civil penalty fine of $50. Page, Douglas S., designated broker Jordan, R. Brad, designated broker with High Desert Realtors, Inc., in Idaho with GMAC Real Estate Northwest: Jor- The following designated brokers have Falls. dan Hill & Hall, Inc., in Coeur d’Alene. been issued citations for violations found Roecks, Bettie M., designated bro- Civil penalty fine of $100. during their audits: ker with Roecks & Roecks, Inc., in Jordan, R. Brad, designated broker Spokane, WA. with GMAC Real Estate Northwest: Jor- Anderson, Michael W., designated broker with McCall Real Estate Com- Rowland, Dewey M., designated bro- dan Hill & Hall, Inc., in Coeur d’Alene. pany in McCall. ker with Columbia Village Realty in Boise. Civil penalty fine of $100. Bilyeu, Clark P., designated broker Skelly, Phil Leon, designated broker Kerby, Darrell W., designated bro- with Corey Barton Home Sales & Mar- with RE/MAX Tri-Cities LLC in Fruitland. ker with Pace Kerby & Company, Inc., keting, Inc., in Nampa. Strickland Jr., Richard B., desig- in Bonners Ferry. Civil penalty fine of nated broker with Strickland Real Estate $100. Byington, Dwain “Ed”, designated broker with The Real Estate Store, LLC, in Gooding. Lanum, Betty J., designated broker in Nampa. Weigand, Diane Elizabeth, desig- with Idaho Real Estate Company in Callies, Tricia A., designated broker nated broker with Mountain Lakes Re- Nampa. Civil penalty fine of $50. with Boise Realty, Inc., in Boise. alty in McCall. Link, Joyce E., designated broker Crawford, Robert D., designated bro- Wellington, Ben L., designated bro- with LP Link Associates, Inc., in Coeur ker with Wellington Real Estate in Cas- d’Alene. Civil penalty fine of $50. ker with The Crawford Company Real Estate Services in McCall. cade. Longstreet, Garrett James, desig- Ekstrom, Jan Louise, designated Wixom, Donald D., designated bro- nated broker with Century 21 1st Place broker with Janek Co. in Coeur d’Alene. ker with RE/MAX Advantage in Nampa. Realty in Boise. Civil penalty fine of $50. Yearsley, Linda K., designated bro- Rowland, Dewey M., designated bro- Ellis, Bert W., designated broker with Greylock Realty in Boise. ker with Valley Real Estate in Garden ker with Columbia Village Realty in Boise. Valley. Civil penalty fine of $50. Erickson, Barbara J., designated Schneidmiller, Gary T., designated broker with Coldwell Banker Schneidmiller Realty in Coeur d’Alene. Moving? Civil penalty fine of $50. Schneidmiller, Gary T., designated All licensees, whether active or inactive, must notify (in writing) the Idaho broker with Coldwell Banker Real Estate Commission when their personal address changes. So, fax it, Schneidmiller Realty in Coeur d’Alene. mail it, fill out a Notice of Change form, change it on the renewal form, e- Civil penalty fine of $50. Stevens, Marjorie S., designated bro- mail it to email@example.com, or change it online at ker with Sommerfeld Realty, Inc., in http://www.idahorealestatecommission.com/renewal.html. Best of all, Sandpoint. Civil penalty fine of $50. there is NO charge. January 2003 The Real Estatement-15 New Continuing Education Rules 400. CONTINUING EDUCA- ment and evaluation; licensee’s orientation. TION A PREREQUISITE FOR g. Land use planning and zoning; 403. CERTIFICATION OF RENEWAL OF ACTIVE LI- land development; construction; energy COMPLIANCE AND SATISFAC- CENSE. Every licensee applying to conservation in building; TORY PROOF. renew a license on active status, or h. Real estate investment; As required by Section 54-2018, applying to change from inactive to i. Accounting and taxation as Idaho Code, a licensee applying to re- active license status, shall first meet the applied to real property; new an active license, or to change continuing education requirements set j. Real estate appraising; from inactive to active status, shall cer- forth in Sections 54-2018 Idaho Code, k. Real estate marketing proce- tify having met the continuing education and 54-2023, Idaho Code. dures related specifically to actual real requirements set forth in Section 54- 401. OBTAINING CONTINU- estate knowledge; 2023, Idaho Code, in the form and ING EDUCATION CREDIT. In l. Real estate inspections; manner approved by the commission. addition to those courses that have been m. Property management; The licensee shall keep satisfactory certified or preapproved for continuing n. Timeshares, condominiums and proof of having completed the require- education by the Commission, and as cooperatives; ment, and upon request, shall provide provided in Section 54-2023(5)(e), Idaho o. Real estate environmental is- satisfactory proof to the Commission of Code, a licensee may obtain continuing sues and hazards, including lead-based having completed the requirement. education credit for the successful paint, underground storage tanks, ra- 01. Commission Request for completion of any course meeting ei- don, etc., and how they affect the prac- Proof of Compliance. The commis- ther of the following descriptions, with- tice of real estate; sion may request satisfactory proof of out the preapproval or certification of p. Water rights; continuing education compliance from the Commission: q. Brokerage office management any licensee who has submitted a cer- 01. Professional designation and supervision; and tification of continuing education com- courses. Courses developed by na- r. Use of calculators or comput- pliance. The request shall state the time tional professional organizations and that ers as applied to the practice of real within which the proof must be re- are required in order to earn profes- estate. ceived in the Commission office, which sional designations from a national or- 02. Other topics. Upon written time shall not be less than ten (10) ganization in specialized areas of li- request, the Commission may also ap- business days. censed real estate practice; or prove any other topic that directly re- 02. Satisfactory Proof of Compli- 02. Courses accredited by other lates to real estate brokerage practice ance. Upon request from the Commis- professions. Courses approved by and that directly contributes to the ac- sion, the licensee shall submit satisfac- and offered in satisfaction of another complishment of the primary purpose tory proof of having met the continuing professional or occupational licensing of continuing education, which is to help education requirement. Satisfactory authority’s education requirements, if assure that licensees possess the knowl- proof shall include, for each course within the approved topics listed in Rule edge, skills, and competency necessary listed in the certificate of compliance, 402. to function in the real estate business in the following: 402. APPROVED TOPICS FOR a manner that protects and serves the (a) Satisfactory evidence of having CONTINUING EDUCATION. public interest. The knowledge or skills successfully completed the course, 01. Topics approved by the Com- taught in an elective course must enable which shall consist of: mission. Approved topic areas for licensees to better serve real estate (i) A transcript of the course taken; continuing education, as provided for in consumers. (ii) A letter from the provider verify- sections 54-2023 and 54-2036, Idaho 03. Topics not eligible for con- ing successful completion of the course; Code, include the following: tinuing education credits. The fol- or a. Real estate ethics; lowing activities shall not be eligible for (iii) A course completion certificate; b. Legislative issues that influence approval for compliance with the con- and shall clearly identify the licensee, real estate practice; tinuing education requirement: those the title of the course or challenge c. Real estate law; contract law; which are specifically exam prepara- exam, the course provider, the number agency; real estate licensing law and tion in nature; those which deal with of classroom hours, and the challenge administrative rules; office or business skills, such as typing, exam or course completion date; and d. Fair housing; affirmative mar- speed reading, memory improvement, (b) Satisfactory evidence that the keting; Americans with Disabilities Act; body language, motivation and similar course listed is approved for continuing e. Real estate financing, including activities; those which are held in con- education credit, as provided by section mortgages and other financing tech- junction with a brokerage firm’s sales 54-2023, Idaho Code, which shall be niques; promotion or sales meetings; those which established by the course certification f. Real estate market measure- are held by trade organizations for continued on page 18 16-The Real Estatement January 2003 Reduce Your Risk of Errors & Omissions Claims: Disclose Defects and Recommend Professional Opinions by Rice Insurance Services Company, LLC A review of Idaho real estate errors on the Seller’s Disclosure Statement, although he never produced a warranty and omissions claims from January 1, and to be helpful, you respond that if the or anything in writing to back up his 1999, to the present indicates that the seller has corrected the water problem statement. You had not looked care- majority of these claims against agents and nothing further has happened, then fully at the roof to try and verify its age have been based upon allegations of the seller does not need to disclose it on or the seller’s statement. The big rain misrepresentations about the house, the Disclosure Statement. The seller comes again, and the roof leaks on the property or boundary lines, or non-dis- tells you that he has corrected the prob- buyers during their first weekend in the closure of hidden defects in the prop- lem by putting some fill dirt around the house. The buyers immediately call you erty or house. Many of these types of foundation. Two months after the clos- and claim you misrepresented the age claims can be prevented by a careful ing, a big rain leaves water flooding into of the roof. The buyers also allege that examination of the property before list- the foundation of the house. The buyer’s they relied on you as their in-state agent ing or showing any piece of property or agent calls you and you call the seller, as to disclose and verify all relevant infor- structure. In addition, recommending the buyer is screaming for rescission of mation about the house. The sellers that the seller complete a property dis- the contract or thousands of dollars in refuse to repair or replace the roof and closure statement, recommending that repair damages. The seller responds it continues to leak. The buyers file a a professional home inspection be con- that you were aware of the water prob- lawsuit against the sellers and you for ducted by a qualified, insured home lem and agreed that he did not need to damages to replace the roof. You find inspector, or recommending an inde- disclose it. The seller refuses to pay for yourself caught in the middle, trying to pendent survey of the property by a any repairs and a lawsuit is filed against remember and defend any and all dis- professional, can often prevent these the seller and you. closures made by you to both the buyers claims or, if necessary, defeat them in Also, be careful in acting as a dual and the sellers. litigation. agent for the sellers and buyers, par- This lawsuit may have been avoided As an agent, do your homework; ticularly when the buyers are out-of- by your recommendation to the buyers conduct a careful visual inspection of state. Full disclosure to all parties is of an independent professional home each piece of property you list or sell, required and should be done in writing. inspection being completed prior to the document any defects you find and As a dual agent, you should make sure closing. You should always recommend discuss the defects with the seller. Any to disclose, in writing, all conflicts of a home inspection to your prospective defects should also be disclosed to pro- interest in representing both parties and in-town or out-of-state house buyers. spective buyers. As the listing agent, keep copies of all documentation. A You should provide a list of at least five you should always have the seller com- well-documented file often prevents and qualified, insured home inspectors, and plete a Seller’s Disclosure Statement. provides the best defense against er- you should not make any recommenda- You should not complete this Disclo- rors and omissions claims. Idaho agents tions with regard to the inspectors. You sure Statement or advise the seller on acting in a dual agency capacity have should update your list of inspectors how to complete it, or you may find been sued for non-disclosure by both regularly by checking their qualifica- yourself defending a claim later from sellers and buyers over the past three tions and references. You should mark the buyer, the seller, or both. Lawsuits years. off your list those home inspectors who against Idaho real estate agents alleg- A typical dual agency claim can arise you have received consumer complaints ing failure to disclose certain defects when an out-of-state buyer alleges you about or who do not carry insurance. known by the agent or failure to provide misrepresented or failed to disclose Do not provide the name of only one a Seller’s Disclosure Statement have some condition in the house or property inspector or recommend a relative “who been common over the past three years. because you also represented the seller. needs the work,” or you may be inviting A typical non-disclosure claim can The out-of-state buyer alleges he vis- a lawsuit, particularly if the home in- arise when a seller asks you, as the ited the house one time and was told by spector is uninsured. Remember Idaho listing agent, how to address a “small you that the roof was new. The seller real estate agents are often brought into water problem around the foundation” had told you that the roof was new, (continued on page 18) Have you been to our NEW website? www.idahorealestatecommission.com Check it out! January 2003 The Real Estatement-17 (E&O from page 17) boundary lines on a piece of property, certain items such as a well are in- recommend to the prospective buyer cluded on the property. You respond lawsuits involving sellers, buyers, home that an independent survey of the prop- that you are not certain, but think the inspectors, pest control companies and erty be performed by a professional to stakes identify the boundary lines and others, because the real estate agent is identify the boundary lines. You should that the well is part of the property for the only party involved in the transac- provide a list of at least five professional sale. No professional survey or verifi- tion who has insurance. surveyors to the prospective buyer, simi- cation of boundary lines is completed In addition, if the home inspector lar to the list of home inspectors, and prior to the closing. After the buyer finds any defect, or lists any items that don’t recommend one surveyor over takes possession of the property and he thinks need repairing or replacing in the others. Again, don’t provide the starts to use the well, the neighboring the report, don’t hire a contractor, name of only one surveyor, and don’t landowner tells the buyer to stop tres- plumber, or electrician to perform the retain the surveyor to perform the sur- passing on his property and using his repairs. Any repair work, and payment vey. If the survey is not accurate, or is well. Eventually the buyer files a law- for the work, should be agreed upon in performed in some negligent fashion suit against you and the sellers, and you writing by the sellers and the buyers and you selected the surveyor, you may argue that you told the prospective buyer prior to the work being performed. be inviting an errors and omissions law- that you had only seen the property Claims of breach of duty and negli- suit. There have been numerous claims once and that you weren’t sure if the gence have been alleged against real made against Idaho real estate agents stakes marked the boundary lines. How- estate agents in Idaho who have agreed for improperly or negligently identifying ever, you have nothing in writing in your to hire contractors to get repair work boundary lines, with some misidentified file to document that conversation or to done “to facilitate the sales process” boundary lines even resulting in the sale verify the location of the boundary lines, and the repair work was of poor quality of the wrong property and expensive so the lawsuit continues. Again, the or never completed. These claims may lawsuits. lawsuit may have been avoided if you have been avoided if the real estate A typical claim can arise when you had better documentation in your file, or agent had not acted outside his or her are walking a piece of property with a you had recommended that the buyer area of expertise. prospective buyer and questions arise retain an independent professional to Another way to avoid an Errors and about the boundary lines. There are prepare a survey of the property. Omissions claim is not to identify bound- stakes on the property and the prospec- In conclusion, always be careful in ary or property lines for the prospective tive buyer asks you whether the stakes answering any questions from prospec- buyer. If there is a question about the mark the boundary lines and whether tive buyers or seller about a particular piece of property. Verify what is fact about the property and what is your (Rules from page 16) 54-2065, Idaho Code, to investigate opinion. If you don’t know the answer and discipline a licensee for miscon- to a question, say so and don’t create an approval number. The Commission duct. answer. Remember to recommend pro- may, in its sole discretion, accept alter- 406. FALSIFICATION OF CER- fessional opinions when appropriate to native documentation establishing that TIFICATES OR DOCUMENTA- shift risk. Don’t be left holding the bag, the course is approved for credit. TION. or defending the lawsuit, for failing to do 404. FAILURE TO SUBMIT SAT- Any licensee who, acting alone or your homework when selling or listing a ISFACTORY PROOF – INACTI- in concert with others, willfully or piece of property. VATION OF LICENSE. knowingly causes or allows a Certifi- This article was prepared by Rice Failure of a licensee to comply with cation of Continuing Education Com- Insurance Services Company, LLC a Commission request for satisfactory pliance, or any written documentation (RISC). The example claims were proof of continuing education compli- verifying a Certification of Continuing based upon fact patterns presented in ance shall be deemed an insufficient Education Compliance, to be submit- claims which had been administered by application for licensure under Section ted to the Commission which is false, RISC’s Claims Examiners and Errors 67-5254, Idaho Code, and shall result fraudulent, or misleading, shall be sub- and Omissions Counsel. This is not an in the immediate inactivation of the ject to disciplinary action, including but exhaustive description of Idaho real license. The inactivation of the license not limited to suspension or revocation estate Errors and Omissions claims for shall be deemed a partial expiration of of license, in accordance with Chap- the last three years. Also, this article the license. ter 52, Title 67, Idaho Code; provided, does not describe the Idaho Real Estate 405. AUTHORITY TO INVES- however, that nothing herein shall en- Commission group Errors and Omis- TIGATE AND DISCIPLINE NOT title such licensee to notice and hear- sions policy or whether the policy would LIMITED. Nothing in these rules ing on the automatic inactivation of provide coverage for all examples of shall limit the Commission’s authority license provided for in these rules. claims discussed herein. granted in sections 54-2058 through 407. — 499. (RESERVED). 18-The Real Estatement January 2003 Idaho Indoor Environment Program by Kara Stevens, Department of Health & Welfare The Idaho Indoor Environment Pro- being built on shallow water tables and L, almost five times higher than the gram (IIEP) is housed within the De- in clay soil without drainage systems. national average. partment of Health and Welfare, Bu- REALTORS® should advise home Real estate agents can provide a reau of Environmental Health and inspectors to look for moisture prob- service to their clients by ensuring that Safety. The program is responsible for lems such as water in the crawlspaces home buyers and sellers are informed informing and educating Idahoans about and stained ceiling tiles. In addition the about risks of radon before closing. human health risks associated with ex- seller should be asked if they have ever Disclosure creates a level playing field posure to indoor contaminants, and ways had water leaks or moisture problems in for buyers and sellers, because both to prevent or reduce exposure. Mold the home. The IIEP has an information parties are given the same information and radon are the two issues that IIEP packet on mold that is available to Re- early in the process when there is time receives the most calls and requests for altors and their clients. Free copies of to consider the information and act on it. information. the mold information packet are It appears that radon rarely is a “deal available by calling the IIEP at 1- breaker.” Mold 800-445-8647. The EPA, in association with the Over the last two years, there has National Association of REALTORS®, been an increase in the number of mold Radon states, and others, developed a Home calls received by the IIEP. Some of the Radon is found all over the United Buyer’s and Seller’s Guide to Ra- reasons for the increase include: 1) States, including Idaho. Since 1990, 35% don. The pamphlet provides guidance Dwell time for water has gone up due to of the radon tests reported in Idaho on how to test for radon during real lack of natural ventilation in homes, 2) have been above the Environmental estate transactions. Free copies of building materials, such as particle board Protection Agency’s (EPA) action level the Home Buyer’s and Seller’s Guide and Oriented Strand Board (OSB), are of 4 picoCuries per Liter (pCi/L). The are available by contacting the IIEP less tolerant to water and 3) homes are average radon level in Idaho is 6.1 pCi/ at 1-800-445-8647. (Q & A from Page 2) Answer: License law 54-2056(5) clients have input in this process as states that upon termination of the busi- well. They may prefer the original bro- rectly create a double contract, or which ness relationship as a sales associate ker, or even choose to list elsewhere would otherwise mislead any broker, licensed under a broker, the sales asso- when they are released. lender, title company, or government ciate shall immediately turn over to the agency involved in the transaction re- broker all listing information and listing Question: When does a licensee have garding source of funds used to com- contracts, keys, purchase and sales to deliver earnest money associated plete the real estate transaction or re- agreements and similar contracts, and with a purchase and sales agreement to garding the financial resources or obli- other property belonging to the broker. their broker? gations of the buyer. A sales associate shall not engage in Answer: License law 54-2045(4) License law 54-2053(4) provides any practice or conduct, directly or states that all consideration, including that no advertising shall provide any indirectly, which encourages, entices or cash, checks held in uncashed form and information to the public or to prospec- induces clients of the broker to termi- promissory notes, received by a sales tive customers or clients, which is mis- nate any legal business relationship with associate in connection with a real es- leading in nature. the broker unless he first obtains writ- tate transaction shall be immediately Therefore, any limiting factors in the ten permission of the broker. delivered to the broker or the broker’s advertising must be clearly spelled out A licensee is certainly allowed to get office. so as not to mislead anyone reading the paid for transactions that were created The word “immediately” is used with advertisement. Additionally, any rebates before they move. This would allow the good reason. There is no provision al- made to purchasers that will effect their existing sales to close, and not interrupt lowing a licensee to deliver earnest loan, must be disclosed in the Purchase the trust account record keeping, and monies upon acceptance. A broker is and Sales Agreement for the under- other important issues with a transac- required to create a trust account led- writers approval. tion. Listings and buyer representation ger card, and account for these monies agreements that the first broker agrees prior to acceptance. If the licensee Question: Can a licensee that is to release can be moved. They must be doesn’t turn it in, then the broker cannot changing brokers transfer all of their released outright and re-listed at the properly account for it. deals and listings to their new broker? new brokerage. Remember that the January 2003 The Real Estatement-19 Office Audits Conducted 127 Offices with NO Audit Violations! Offices With No Violations 29 (from May 1, 2002, through October 31, 2002) * Limited Activity Offices Glenda Evans, Idaho One Realty, Eagle David Ray O’Brien, Cascade Lake Realty, Cascade Daniel David Foreman, City-Wide Realty, Inc., Moscow James E. Boring, Lakeland Real Estate, Cascade Glenn B. Owen Jr., Moscow Realty LLC, Moscow David Kay Engen, Engen Realty, McCall Gail A. Byers, Gail Byers Real Estate, Moscow Michelle Lynn Bayse, Brundage Realty, McCall Deborah Sievers, Sagecreek Realty LLC, Ketchum F. Fred Glemser, Adams County Real Estate, Council Linda L. Badell, Classic Realty, Ketchum Doris E. Jenkins, Realty One Professionals Plus, Boise James E. Gray, Sun Valley Associates, Sun Valley Ned W. Johnson, Realty One Symphony Homes, Boise Steven W. Kohntopp, Magic Valley Realty, Twin Falls Rodney C. Panike, Select Properties LLC, Weiser Bonny Jean Ross, Canyonside Realty, Jerome Claude M. Davis III, Century 21 Exclusive Properties, Marva J. Walters, Landmark Realty, Jerome Inc., Weiser Robert Jones, Robert Jones Realty, Twin Falls Joseph P. “Rusty” Lucas, Homeland Realty, Boise Sid Lezamiz, Lezamiz Real Estate Co, Twin Falls PRSRT STD What’s new with the Idaho Real Estate Commission U.S. POSTAGE The Real Estatement PAID PERMIT NO. 1 Vol. 22 No. 1 January 2003 BOISE, ID Published semiannually by: Idaho Real Estate Commission P.O. Box 83720 Boise, Idaho 83720-0077
"Idaho Real Estate Commission"