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What’s New at the Idaho Real Estate Commission
The Real Estatement
Vol. 29 No. 2 July 2009
On behalf of the Commissioners We’re also aware of the need to
and the Commission staff, I want have broker prelicense courses
to thank the Greater Idaho Falls available around the state and
Association of REALTORS® for we’ll also be looking for bids from
providers who are willing to offer
their hospitality as hosts for April’s
Commission meeting. broker prelicense courses statewide
with help of some underwriting
By Andy Enrico “Changes” funds from the civil penalty fine
Commission Chair money. Again, the Commission
This David Bowie song also
Songs On The explains some changes regarding will be accepting those bids from
Commission I-Pod the Civil Penalty Fine money that’s providers beginning July 1 too.
st
“On the Road Again” being used to provide free and low
cost educational programs to all The bidding process for all of the
The title of Willie Nelson’s civil penalty fine money beginning
licensees.
song explains a program the July 1st will be done through the
Commissioners instituted over the The Commission is only allowed state’s purchasing department
last 3 years, to have at least one to award a limited amount of the to make sure everything is done
Commission Meeting held in a civil penalty fine money each fiscal according to the state’s bidding
year for these classes. The amount requirements.
different part of our state each year.
We understand it’s not convenient of individual requests we’re
for licensees to make it to Boise receiving is requiring much more
where IREC’s regular monthly administrative time to monitor. Inside this Issue
meetings are held, so this is a way Executive Director’s Report...............3
Based on the attendance and
of bringing the meetings to you.
comments from attendees of Education Update...............................4
So far we’ve held our April meetings the free CORE classes the civil Thank You & Farewell.......................6
in Pocatello in 2007, Twin Falls in penalty fine money helped to
2008 and our most recent meeting underwrite this past fiscal year, the Recent Changes to the License Law...7
In April of this year in Idaho Falls. Commissioners made a decision Honor Roll .........................................8
at the June meeting to focus on
It was great to see so many making the Commission’s required Why is my Insurance Going up?........9
licensees from that part of our CORE class available free to as
state (we had standing room only) many of the licensees as possible in Ask Helena ......................................10
at the meeting. Like all previous fiscal year 2010 which starts July License Stats ....................................10
“out of town meetings” we learn 1st of this year.
more from the attendees than, I’m Do You Need Tail Coverage?...........12
sure, you learn from us. We always So, beginning July 1st, the Electronic Fingerprinting ................13
receive thoughtful questions and Commission we’ll be taking bids
suggestions from the licensees at from providers who want to offer Contact The Commission Staff.........19
these meetings, and always come free CORE courses around the
away pleased to receive your state.
input.
COMMISSIONERS
ANDY ENRICO, CHAIR KELLY FISHER, VICE CHAIR
Andy Enrico and Company The Network Real Estate Group, LLC
Real Estate, Inc. P.O. Box 4011
2183 Rockridge Way Pocatello, ID 83205
Boise, ID 83712 Work: (208) 237-2000
Work: (208) 336-8880 Fax: (208) 478-2252
Fax: (208) 343-9818 Cell: (208) 221-9342
Cell: (208) 866-0302 E-mail: kelly@networkrstategroup.com
E-mail: andy@andyenrico.com
PAM TREES, MEMBER Marvis Brice, Member
Tomlinson Black Assoc., Inc. Advantage 1 Realty
325 Main St. 633 East Main St.
Lewiston, ID 83501 Burley, ID 83318
Work: (208) 746-7400 Work: (208) 677-4663
Fax: (208) 746-0625 Fax: (208) 677-4929
Cell: (208) 431-4663
E-mail: ptrees@cableone.net
E-mail: brice@qwestoffice.net
EDUCATION COUNCIL MEMBERS
R. GAIL HEIST, CHAIR DONNA CAPURSO, VICE CHAIR
NAI Kowallis & Mackey, LLC Selkirk Mountain Real Estate, LLC
Commercial Real Estate 7174 Main St.
Services P.O. Box 1609
398 S 9th St., Ste. 260 Bonners Ferry, ID 83805
Boise, ID 83702 Work: (208) 267-7900
Work: (208) 385-9876 E-mail: donna@selkirkmountainreales
E-mail: rgheist00@hotmail. tate.com
com
BECKIE KUKAL, MEMBER
MARIS CUKURS, GRI, MEMEBER NorthPointe Realty, LLC
Win Star Realty 111 Pioneer Ct.
1655 Elk Creek Dr. Jerome, ID 83338
Idaho Falls, ID 83404
Work: (208) 324-7653
Work: (208) 529-8888
Fax: (208) 324-8232
E-mail: homes@onewest.net E-mail: kukal@northpointerealty.
com
PAM TREES (Commission Representative)
2 The Real Estatement July 2009
EXECUTIVE DIRECTOR’S REPORT
agreements. We identified a few who and we learned that Wyoming would
hadn’t taken any CE in a long time. have cancelled the agreement if we
We even learned of some applicants had not done it first.
who failed the Idaho portion of
the license exam. They shopped For most of the jurisdictions,
for a state with easier licensing there were either very few or no
requirements and an Idaho agreement licensees who were affected by the
in order to obtain an Idaho license cancellations. The biggest exception
Jeanne Jackson-Heim without having to pass the Idaho was Oregon, where there were
What happened to the reciprocal license exam. approximately 200 Idaho licensees
with reciprocal Oregon licenses.
license agreements?? Some of the agreements provided After all the other agreements
that the out-of-state licensee could were cancelled, we left the Oregon
In the late 1990’s, IREC signed 16 not work out of an office situated in agreement in place for several months
license agreements with various Idaho. My favorite story involves to try to negotiate revisions instead of
states and 1 Canadian province. a licensee who lives in Idaho but canceling it.
(Interestingly, there has never been a was licensed in Wyoming. Due to
license agreement with Washington.) her broker’s having been licensed Over a period of several months, the
The agreements provided that a under the agreement, she wasn’t Oregon Real Estate Commissioner
licensee from another state could able to get a primary Idaho license and I discussed this matter, reviewed
obtain and maintain an Idaho to work in a brokerage in her own our respective state laws with
license with no exam or education Idaho town, unless she changed our attorneys, and tried to reach
requirements so long as his/her Wyoming brokerages. Are you a resolution that would work for
primary state license was active and confused yet? Think of what it was both states. However, Idaho’s and
in good standing. Licensees from like for applicants and IREC staff Oregon’s licensing requirements are
a state without an agreement were to try to understand or explain these just too dissimilar, and we could not
licensed under Idaho Code 54-2015, requirements (dare I use the word come to consensus. In fact, Oregon
which allows an active licensee from “nightmare”???). preferred that the license agreement
another state to have the be cancelled, and that is the action
national portion of the licensing exam Over the last couple of years, we that was taken effective June 30,
and the prelicense education waived. noticed other states beginning 2009. Oregon did allow existing
to change or cancel the license reciprocal licensees to convert to a
The agreements weren’t all the agreements. Kansas and Missouri regular Oregon license without taking
same, so there were a lot of varied were the first to cancel all agreements additional education or the state
requirements to obtain and renew an in 2007. In 2008, the Commission licensing exam. Oregon also gave the
Idaho license. There were still other received a request to modify the Idaho folks until their next Oregon
different requirements if someone Nebraska agreement due to an renewal date to come into compliance
was licensed under Idaho Code 54- increase in that state’s licensing with other Oregon requirements.
2015 instead of under an agreement. requirements. Nebraska’s new
For example, license applicants under requirements so closely mirrored It is the Commission’s responsibility
an agreement did not have to take Idaho Code 54-2015 that the to protect the public interest in Idaho
the Idaho portion of the licensing Commissioners voted instead to and to ensure fair application of the
exam. Applicants under Idaho Code simply terminate the agreement Idaho License Law and Rules. The
(including our own Idaho residents) because it was no longer necessary. Commission feels this charge is best
were required to take the Idaho met by requiring all Idaho licensees
portion of the exam. The Commissioners took this to pass the Idaho license exam and
opportunity to review the license meet Idaho’s CE requirements,
Licensees by agreement never had to agreements. We learned of many including a Commission core course
take an Idaho Core course. Our own inequities, and we were dissatisfied every 2 years. A License Recognition
Idaho folks and those licensed under that some applicants were trying to Taskforce, of which I am a member,
section 54-2015 did have to meet use the agreements to circumvent was recently established by the
Idaho’s CE requirements. Idaho license law and rules. During Association of Real Estate License
these discussions, Montana cancelled Law Officials. The Commissioners
We found licensees who became its agreement, and the Commissioners and I will continue to be involved in
licensed in Idaho under agreements decided to cancel the remaining this important discussion.
and then moved to Idaho and let their agreements. Colorado’s cancellation
primary licenses lapse, contrary to the letter crossed with ours in the mail,
July 2009 3 The Real Estatement
EDUCATION UPDATE
Idaho providers. The BCOO by itself information. It will be posted to your
is 4 hours and is required to become record promptly and we will process you
a Designated Broker. We have also as In Compliance!
developed a new Real Estate Law final If for some reason there was a
exam. Be sure to study! misunderstanding and you did not have
As a reminder, both Real Estate Law and the necessary credits to renew or activate
Brokerage Management are required, your license then we can put you on
within the 3 years prior to the application hold until you make-up lacking credits,
dates, to obtain your broker’s license. but you may be subject to a fine from
the Enforcement Department. The most
Once you get your broker’s license, it is important thing is to respond. We would
a new license and starts your licensing rather work with you to find a solution,
period over. This means none of your but to save yourself time and potentially
broker prelicense classes can count for money just check first!
Mandy Wood continuing education (CE) for the first
Former Education renewal after you get your broker’s If you take out-of-state education or
Director license. So please be careful. You will designation courses and they are not
need 16 hours of elective CE PLUS posted to your education record, you will
the Idaho CORE course to renew your need to submit the Licensee’s Request
The Commission recently adopted license, and your renewal date may or for Continuing Education form. This can
new Valuation & Analysis and Finance may not change based on when you chose be found on our website at http://www.
textbooks with corresponding curriculum. to get your broker’s license. irec.idaho.gov/forms/ree153.pdf. We
The Valuation Analysis textbook is Real will review the information to see if the
Estate Appraisal by Rockwell Publishing Please log in to our online services to course fits into Idaho’s Approved Topics
and the Finance textbook is Essentials check your education before renewing (Rule 402). We will notify you promptly
of Real Estate Finance, 11th Edition by your license. ALL renewals and of the results so you will know if you
David Sirota and printed by Dearborn activations will be audited for compliance need to take additional courses to renew
Real Estate Education. These courses with the CE requirements. Two months or activate your license.
are still 30 hours each and are elective after you renew or activate we will
classes for your broker’s license. check to see that you had the required Idaho’s Rule 402 (Approved Topics for
16 CE credits plus the Core. If there is a CE) recently changed slightly, so please
Brokerage Management had a complete discrepancy 3 Audit Letters will be sent; be sure your class will fit. There is a list
rewrite and is now up and running. The one to your home, one to your office, and of 20 Approved Topics, but your class
new curriculum is only 26 hours and the third to your Designated Broker. This must specifically “pertain to real estate
includes the new Business Conduct and letter will give you 10 days to respond brokerage practice and actual real estate
Office Operations (BCOO) course. We to us. If you get one of these letters, knowledge”. See the License Law and
have created an online version of the please check your education online and Rules book for a complete list.
BCOO which is available through many then, fax, email or send us the missing
DISCIPLINARY ACTIONS Betzold, Jerry L., salesperson in Nampa, with the terms of the Final Order, and
Idaho. Stipulated to violation of Idaho violates no further license laws. Ordered to
Formal actions issued by the Real Estate
Code sections 54-2023.(1)(a) and 54- pay costs and attorney’s fees of $300.00
Commission:
2060.(7) - failure to obtain Continuing
Arnell, Guy E., designated broker in Education in a timely manner. Mitigation Chance, Joe C., salesperson in Meridian,
Burley, Idaho. California licensee without Hearing held on November 20, 2008. Idaho. Stipulated to violation of Idaho
an Idaho license obtained a listing on Issued a formal reprimand; ordered to pay Code section 54-2060.(7) - employment
Idaho property, and approached Arnell’s a $1,000.00. of fraud, deception, misrepresentation,
licensee, Brent Wilson, about a referral misstatement, or any unlawful means
but would not allow him to take a listing Blessinger, Thomas D., currently an in applying for or securing a real estate
or contact the sellers. Wilson advertised inactive salesperson in Caldwell, Idaho. license. Given a formal reprimand;
the property and included contact info Stipulated to violation of Idaho Code ordered to pay a civil fine of $1,500;
for the CA licensee in the advertisements. sections 54-2060.(7) - filing a false costs and attorney’s fees of $300; and
Arnell stipulated to violation of Idaho application for renewal; 54-2061.(1)(a) required to successfully complete a GRI-
Code sections 54-2038.(1)(a) - failure to - a Felony conviction; and 54-2061.(3) - 102 - Professional Standards, Ethics, Risk
supervise his licensee, and 54-2053.(1) - failing to report the conviction within 20 Reduction course within 12 months.
allowing an unlicensed person to represent days to the Commission. Given a formal
the brokerage in an advertisement. Given reprimand; his license is suspended until Emery, Douglas D. “Doug”, salesperson
a Formal Reprimand; ordered to pay a May 1, 2011 (to run concurrently with his in Meridian, Idaho. Stipulated to violation
$500 civil fine; required to pay $300 criminal probation), with the suspension of Idaho Code section 54-2013.(1) and
in costs and attorney’s fees; and must withheld, provided he complies with the Commission Rule 121.03 - failure to
successfully complete a BCOO class terms of his criminal probation, pays all maintain errors and omissions insurance.
within six months. costs and attorney fees on time, complies Given a formal procedural reprimand;
4 The Real Estatement July 2009
Guide to SEARCHING for COURSES,
PROVIDERS and INSTRUCTORS
To search for courses, providers, and instructors go to our website at www.irec.idaho.gov. Just
follow the easy steps below to find a class, provider or instructor near you!
1) Click, “Find a Licensee or Class” from our home page.
2) Click, “Find a Course”, “Find a Provider”, or “Find an Instructor”.
3) When searching for courses, you will have two options to choose from. If you are searching for
courses that are scheduled, click the “Search Course Schedules” button. If you are searching to
see if a course is certified, then click the “Search All Certified Courses” button.
4) Each tab you click will give you a screen where you can choose your search criteria. You
will also be able to download each list to a Microsoft Excel spread sheet and sort the list to your
specifications. (Note, you can choose what to download to Excel by checking or un-checking the
options in the download box.)
For example, if you are in need of the CORE and Electives, you can search both at the same time
by holding the Control Key (Ctrl) on your keyboard and clicking both the “CORE and the Electives”
options in the “Course Type” box. You can also look for live or online courses in the “Course
Delivery” box.
DISCIPLINARY ACTIONS Hearing held on November 20, 2008. license. Given a formal reprimand;
Issued a formal reprimand; ordered to pay ordered to pay a civil fine of $1,500; costs
Formal actions issued by the Real Estate
a $1,000.00. and attorney’s fees of $300; and required
Commission:
to successfully complete a GRI-102 -
Arnell, Guy E., designated broker in Blessinger, Thomas D., currently an Professional Standards, Ethics, Risk
Burley, Idaho. California licensee without inactive salesperson in Caldwell, Idaho. Reduction course within 12 months.
Disciplinary actions, continued on page 8
an Idaho license obtained a listing on Stipulated to violation of Idaho Code
Idaho property, and approached Arnell’s sections 54-2060.(7) - filing a false Emery, Douglas D. “Doug”,
licensee, Brent Wilson, about a referral application for renewal; 54-2061.(1)(a) salesperson in Meridian, Idaho.
but would not allow him to take a listing - a Felony conviction; and 54-2061.(3) - Stipulated to violation of Idaho
or contact the sellers. Wilson advertised failing to report the conviction within 20 Code section 54-2013.(1) and
the property and included contact info days to the Commission. Given a formal Commission Rule 121.03 - failure
for the CA licensee in the advertisements. reprimand; his license is suspended until to maintain errors and omissions
Arnell stipulated to violation of Idaho May 1, 2011 (to run concurrently with his insurance. Given a formal procedural
Code sections 54-2038.(1)(a) - failure to criminal probation), with the suspension reprimand; ordered to pay a civil fine
supervise his licensee, and 54-2053.(1) - withheld, provided he complies with the of $100.00; and costs and attorney’s
allowing an unlicensed person to represent terms of his criminal probation, pays all fees of $1,000.
the brokerage in an advertisement. Given costs and attorney fees on time, complies
a Formal Reprimand; ordered to pay a with the terms of the Final Order, and Horn, Kathleen, salesperson in
$500 civil fine; required to pay $300 violates no further license laws. Ordered to Jackson, Wyoming. Stipulated to
in costs and attorney’s fees; and must pay costs and attorney’s fees of $300.00 violation of Idaho Code section
successfully complete a BCOO class 54-2087.(5) - failure to account
within six months. Chance, Joe C., salesperson in Meridian, for a client’s web domain when s h e
Betzold, Jerry L., salesperson in Nampa, Idaho. Stipulated to violation of Idaho moved to another brokerage. Given a
Idaho. Stipulated to violation of Idaho Code section 54-2060.(7) - employment Formal Reprimand; ordered to pay a
Code sections 54-2023.(1)(a) and 54- of fraud, deception, misrepresentation, $1,500.00 civil fine; must successfully
2060.(7) - failure to obtain Continuing misstatement, or any unlawful means complete a live agency class of four hours;
Education in a timely manner. Mitigation in applying for or securing a real estate and required to pay $300.00 for costs and
July 2009 5 The Real Estatement
Thank You & Farewell
Thank you for the opportunity to serve on the Idaho Real Estate
Education Council for the past eight years and allowing me to provide
input since 1972. I will be stepping down from the Education Council in
July after being involved in real estate education for the past 38 years.
It’s been interesting and challenging, and I have seen a tremendous
amount of change in both real estate education and the real estate
industry. After turning 70 in March, I decided it was time to slow down
By R. Gail Heist, and turn education over to the younger real estate educators. I plan
Retiring Chairman, to drop in to see how the Council is continuing to achieve bigger and
Education Council better things in coming years and may provide a little wisdom.
As for my future life, “ Post – Education Council”, I plan on staying active in real estate by teaching
a few classes and spending some time doing commercial real estate transactions. I look forward to
having more time to travel to car shows to show my 1949 Oldsmobile coupe and race at the drag
strip.
At my first Education Council meeting we were dealing with a continuing education requirement of
12 hours. It was a set curriculum with no choices. Today, we require a core class plus 16 hours of
electives. The major difference is an agent now has about 450 elective classes to select from. A
number of these courses are offered online, so the agent can do them at his/her own convenience
at home or office.
Because of the emphasis placed on education by the Real Estate Commission, licensees in Idaho
are better educated than most agents across the United States. This emphasis has allowed Idaho
to receive over 20 Education Awards from the Association of Real Estate License Law Officials
(ARELLO) and the Real Estate Educators Association (REEA) over the last 20 plus years. It has
been a tremendously gratifying opportunity to be involved during this time period.
As the real estate industry has gone through many changes both in industry practice and
legislation, the Education Council has kept up with these changes by revising the curriculum
on most of the following courses within the last couple of years: Module 1 and 2, Brokerage
Management, Business Conduct & Office Operations, Finance, Real Estate Law, and Valuation
and Analysis. They have also added many courses like the 8 Interactive Modules.
I wish everyone good luck and I will see you around.
Sign up for E-Mail News.
Subscribe at www.irec.idaho.gov
6 The Real Estatement July 2009
Recent Changes The Commission recommends, as a business practice,
that licensees include legal descriptions when they are
to the available. They will be needed for any Purchase and Sale
License Law Agreements that are prepared, and this data will be readily
available this way. This will also settle any disputes as
There are several changes to whether the property was “sufficiently identified”
to the Idaho Real Estate to all parties. The Commission understands that when
License Law and Rules this properties are under development the legal descriptions
year. These changes go into are not available until the development is approved.
effect July 1, 2009. This
article is intended to explain The regulations for handling entrusted funds and
By Craig Boyack
Chief Investigator what these changes are, and consideration were also modified during this legislative
how they might affect your session. Idaho Code Section 54-2041 was modified to
business. ease the burden of accounting for monies that will be held
by an escrow holder of some sort. A designated broker
Under the agency laws, there are changes to the “duties will not have to consider a title or escrow holder as a
owed to a client”. Idaho Code Section 54-2087(10) separate trust account and maintain additional records of
clarifies that multiple licensees, acting as agents under the funds held at the title or escrow company.
same brokerage, are not held to have imputed knowledge.
This means an individual agent cannot be disciplined for A brokerage can allow the principals to the transaction
something one of his co-workers knows that may affect to direct the consideration to be held by a title or escrow
the client he is working with. Of course, if the individual company. The broker must still create a ledger card for
agent also has this information he could be held liable the transaction, under Idaho Code Section 54-2044.(2).
under what is called actual knowledge. The card will simply note that funds were submitted
directly to the escrow holder, or that the brokerage
Idaho Code Section 54-2087(11) makes clear that a delivered the funds to the escrow holder. The final
brokerage and its licensees may represent individual disposition of the transaction must still be noted on the
buyers for the same real property. Under this law the ledger card. Remember that if the brokerage handles the
brokerage must advise all affected buyers in writing of the funds, they still must obtain receipts when they deliver
situation. the funds to escrow. When consideration is handled this
way, the designated broker is not required to account for
Continuing with agency, Idaho Code Section 54-2050 the consideration on a monthly basis.
was also modified. Sellers Representation Agreements no
longer must include a legal description. These agreements The law did not eliminate real estate trust accounts,
must sufficiently identify the location of the property or forbid brokerages from using them. When they are
to all parties (the seller and the brokerage). The law used, they must still be maintained and balanced in the
also clarifies that a representation agreement cannot be traditional manner. The law simply provides brokerages
declared invalid for the lack of a legal description. with a new option.
Please refrain from using your
cell phone in the Idaho Real Estate
Commission building!
July 2009 7 The Real Estatement
HONOR ROLL
Offices with NO AuditViolations
(From 1 November, 2008 -- 30 June, 2009)
Anthony Jefferson “Jeff” Martel, 43 Degrees North Real Estate, Boise
Jon M. Goche, John Gosche Real Estate, Boise
William Scott Bishop, Bridgetower Real Estate, LLC, Meridian
Lynn LeMae Moore, Realty World – Moore Premier Properties, Meridian
David Jeffrey “Jeff” Dildine, Realty One Centre of Boise Inc., Boise
Michael L Baxter, Realty One Baxter & Associates, Boise
Jeffrey C. Huber,White-Leasure Development Company, Boise
John W. Faw,Waldo Real Estate, New Plymouth
George Paul Lazaris, Lazaris Realty LLC, Boise
Christian E. Hansen, House of Brokers Home Team, Boise
Terry L. Rinearson, Silverhawk Realty LLC, Caldwell
Robert Michael “Mike” Harrington,The Real Estaters LLC, Orofino
attorney’s fees. to receive and exchange offers. Stipulated shopped for a broker who would accept
to violation of Idaho Code section 54- them. While at the third brokerage he
Horton, Philip, designated broker in 2087.(3) - failure to be available to receive continued to promote himself as Help-U-
Nampa, Idaho. Stipulated to violation and present offers and counter offers which Sell despite direct instructions from
of Idaho Code sections 54-2038.(1)(a) duty cannot be waived under 54-2087.(5). his new broker. Formal Hearing held
Disciplinary actions, continued on page 10
- failure to supervise his licensee and Given a Formal Reprimand; ordered to November 5, 2008. The Hearing
54-2038.(1)(b) - failure to review and pay a $1,000.00 civil fine; required to pay Officer found that Maclay was in
approve all real estate contracts. Given a $300.00 for costs and attorney’s fees; and violation of the following sections
Formal Reprimand; ordered to pay a $500 must successfully complete live 4 hour of Idaho Code: 54-2040(5) - using
civil fine; required to pay $300 for costs agency class. another person’s broker’s license and
and attorney’s fees; and must successfully for continuing to operate the Help-
complete a live GRI-102. Maclay, Michael Scott, salesperson in U-Sell franchise after the death of
Coeur d’Alene, Idaho. He took advance the broker and without being a
Johnson, Daniel H. “Dan” salesperson
in Meridian, Idaho. Stipulated to violation fee listings and pocketed the fee without broker himself; 54-2050(1)(a) -
of Idaho Code sections 54-2023.(1)(a) - conducting through brokerage. Took seller representation agreements
failure to obtain CE in a timely manner, Idaho listings under his Washington not having conspicuous and definite
and 54-2060.(7) – misstatement in the brokerage, but promoted them in Idaho beginning and expiration dates; 54-
application for renewal of a real estate under his Idaho brokerage. When the 2050(1)(c) - not having the price of
license. Mitigation Hearing held 2/19/09. Idaho broker fired him he went to work the home on the seller representation
Given a Formal Reprimand; ordered to for an Idaho broker who died shortly agreement; 54-2050(1)(e) - seller
pay a civil fine of $250.00; and costs and afterward. Maclay kept the office name representation agreements not
attorney’s fees of $125. and continued to promote himself as signed by the owner of the real estate or
a Help-U-Sell franchise even after the the owner’s legal, appointed and duly
Lovette, T. Chance, salesperson in brokerage was closed, and despite the qualified representative, and the date of
Mountain Home, Idaho. Took a limited franchise’s instructions. While his license such signature; 54-2053(2) - advertising
service listing and failed to be available was inactive, he procured two listings and listed properties without the broker’s
8 The Real Estatement July 2009
Why is my insurance going up????
Since October 1994, there are over 1000 reasons real estate agents should have E&O
insurance. Approximately 68% of the active licensees in Idaho have purchased E&O
insurance from the state contract. To date, there have been 1029 allegations filed with
the state contracted E&O companies, costing the insurance company (your premiums) a
total of $6,607,138.76 in costs and payouts. You ask, why is the cost of insurance going
up? In the past 15 years there have been 19 properties either sold twice or the wrong
Licensing Supervisor property sold, resulting in an indirect cost to you, the licensee of over $70,000.00 in
Neal Bernklau legal costs and payouts.
How can you help in reducing your premiums? Practice risk reduction by doing your part to make sure all
transactions are correct, and by doing so, making everyone in the transaction proud you were there to help.
The top 20 E&O Insurance allegations filed in Idaho are:
Allegations/claims # Allegations Total Payouts
1. Breach of Duties 98 $1,219,520.83
2. Violation of RESPA 1 $46,293.49
3. Breach of Contract 60 $590,513.27
4. Consumer Protection Act 13 $31,121.12
5. Misrep Contract Terms 29 $131,018.65
6. Negligence 55 $310,310.95
7. Misrep Sewer 20 $64,334.43
8. Misrep Size of Property 29 $117,761.88
9. Misrep Condition 41 $183,054.13
10. Non-Disclose 39 $95,432.98
11. Boundaries 47 $211,443.17
12. Misrep Roof 17 $66,401.13
13. Misrep Septic 13 $19,538.70
14. Misrep Well 23 $135,083.24
15. Earnest/Escrow Money Dispute 50 $146,100.81
16. Misrep Financials of Business 2 $118,647.18
17. Fraud 31 $298,386.77
18. Misrep Other 183 $1,144,016.96
19. Zoning 10 $50,704.03
20. Other 23 $811,576.99
The Commission has awarded the new E&O contract to Rice Insurance Services Company, LLC for the
next three years starting October 1, 2009. The premium will be $186 per year. Renewal notices will be
mailed to your business address by August 15, 2009 and will be due by September 30, 2009. Fines will
be assessed for those who renew after October 1, 2009.
July 2009 9 The Real Estatement
Ask Helena To sum it all up…. If your broker provides E&O
insurance for you and you leave the company,
I am changing offices, you leave your E&O coverage as well! An Active
how does this affect my License plus no insurance equals fines and possible
Errors & Omissions inactivation of your license.
insurance?
Failure of a licensee to maintain Errors &
If you have company Omissions insurance or failure of a licensee to submit
insurance coverage under
your current brokerage, or cause to be submitted a certificate of coverage
you lose that coverage as required by section 54-2013, Idaho Code, and
the moment your license in accordance with these rules and while engaging
is no longer placed in the business of real estate broker or real estate
under that brokerage. If salesperson, as defined in sections 54-2002 and 54-
Technical Records the brokerage you are
Specialist I transferring to doesn’t 2004, Idaho Code, shall constitute a violation of these
Helena Guest provide coverage for you, rules, and shall be grounds for disciplinary actions
then you would need as provided in sections 24-5029 and 54-2060, Idaho
to obtain Errors & Omissions (E&O) insurance Code, including but not limited to the assessment of
through another carrier, before your license is civil fines.
transferred.
LICENSE STATS
As Of June 15, 2009
Active Brokers 2226
Active Sales Associates 6083
Inactive Brokers 428
Inactive Sales Associates 2979
Active Companies 1229
licensed business name; 54-2053(4) - the buyer. Adverse fact was a water LID exercise reasonable skill and care. Given
advertising which is misleading in nature; assessment. Given a Formal Reprimand; a formal reprimand; his license is revoked
54-2054(9) - accepting real estate fees ordered to pay a civil fine of $2,000.00; effective 2/27/09; and ordered to
not paid through the broker; 54-2060(2) - costs and attorney’s fees of $300; and pay costs and attorney’s fees of
Disciplinary actions, continued from page 8
engaging in a continued or flagrant course required to successfully complete a live 4 $2,699.73.
of misrepresentation or making false hour agency course.
promises; 54-2060(3) - failure to account Newby, Joseph, designated broker in Scott, Stanley H., designated broker
for or remit any property, real or personal, Meridian, Idaho. Stipulated to violation in Mountain Home, Idaho. Failed
or moneys coming into the person’s of Idaho Code sections 54-2038.(1)(a) to supervise agent in his advance
possession which belong to another; 54- - failure to supervise his licensee and fee limited service agreements.
2060(11) - dishonest or dishonorable 54-2038.(1)(b) - failure to review and Stipulated to violation of Idaho
dealings; 54-2060(12) - gross negligence approve all real estate contracts. Given a Code section 54-2038.(1)(a) -
or reckless conduct; 54-2065 and 54-2002 Formal Reprimand; ordered to pay a $500 failure to supervise. Given a Formal
- acting as a real estate salesperson without civil fine; required to pay $300 for costs Reprimand; ordered to pay a $500
a license. License revoked; ordered to pay and attorney’s fees; and must successfully civil fine; and required to pay $300
a $5,000.00 civil fine; and ordered to pay complete a live GRI-102. for costs and attorney’s fees.
costs and attorney’s fees of $28,266.12
Pearson, Gary L., designated broker in Tarrant, Sherry L., salesperson in
McDaniel, Roxy, salesperson in Coeur Nampa, Idaho. Stipulated to violation Eagle, Idaho. Forged her broker’s
d’Alene, Idaho. Stipulated to violation of of Idaho Code sections 54-2060.(11) - signature on 2 representation
Idaho Code section 54-2086.(1)(d) - failure dishonest and dishonorable dealings; 54- agreements, and on two sales
to disclose an adverse material fact that he 2060.(12) - gross negligence or reckless commission advance contracts. Stipulated
reasonably should have known about to conduct; and 54-2087.(2) - failure to to violations of Idaho Code sections
10 The Real Estatement July 2009
ONLINE LOTTERY WINNERS!
Renew your license online at www.irec.idaho.gov and you
will automatically be entered in a drawing for a refund of
your license renewal fee. A new winner every month!
December 2008 - Kari Stokes, SP30730, an inactive
salesperson
January 2009 - Perla Morales, SP35281, an inactive
salesperson
February 2009 - Amy Bradshaw, SP32594, a salesperson,
Market Pro Real Estate Services, Boise
March 2009 - Christina Hovey, SP31455, a salesperson,
Group One Inc., Eagle
April 2009 - Leslie Poe, SP30547, a salesperson, Westerra
Group, Twin Falls
May 2009 - Kimberly Hargrave, SP27690, a salesperson, LP
Link Associates, Hayden
~ In Memory ~
The Idaho Real Estate Commission
extends its deepest sympathies to the families of:
William McCabe, Eagle
Robert Cargill, Lewiston
Richard T. Knight, Driggs
Jeff Stephenson, Boise
Rula Thomas, Malad
July 2009 11 The Real Estatement
Optional Extended Reporting Period
Do You Need Tail Coverage, commonly known as (“Tail
Coverage? Coverage”), may be purchased to cause
the policy to apply to Claims first made
and reported up to three (3) years after
The following information was provided the effective date of the cancellation or
by Cindy Rice Grissom, of Rice Insurance non-renewal so long as the negligent
Services Company, LLC act, error or omission is committed
subsequent to the Retroactive Date and
The Idaho E&O group policy expires prior to the effective date of cancellation
October 1, 2009. Your insurance is or non-renewal. Tail Coverage can only
written on a claims-made and reported be purchased within ninety (90) days
basis. Except to such extent as may be after your policy has terminated. Tail
otherwise provided in the master policy, Coverage is important because so many
coverage is limited to liability only for professional liability Claims are not made
those claims that are first made against until months after the subject transaction
you and reported to the Company during occurs, and some may even be made
the Individual Policy Period or any years after the transaction. If you place
applicable extended reporting period. your license inactive, or retire your
No coverage exists for claims first made license, you should seriously consider
against the insured before the beginning protecting yourself and your assets by
or after the end of the Individual Policy purchasing Tail Coverage. To purchase
Period. Upon cancellation or non-renewal Tail Coverage, or if you plan to reactivate
of your policy, an Optional your license and enroll in the group
program, contact RISC at (800) 637-7319
Extended Reporting Period Endorsement or visit our website at www.risceo.com.
is available.
54-2060(2) - a continued and flagrant Code sections 54-2002 - unlicensed licensee. Stipulated to violation of Idaho
course of misrepresentation; 54-2060(11) practice as defined by 54-2004(32)(a)(c) Code section 54-2053(4) - misleading
- dishonest and dishonorable dealing; and (d), and 54-2053(1) - placing signage advertising. Given a Formal Reprimand;
54-2085(3) - failure to prepare agency on the property. Ordered to pay a civil fine ordered to pay a $1,000 civil fine; costs
agreements prior to the preparation of of $3,500.00 and required to reimburse the and attorney’s fees of $300; and
a purchase and sale agreement; and Commission $300 in costs and attorney’s must successfully complete a
Disciplinary actions, continued on page 13
54-2085(4) -filling the representation fees. live Business Conduct & Office
confirmation statement out incorrectly in Operations class.
the purchase and sale agreement. Given a Whittemore, Jeffrey D., salesperson in Wilson, Bryan, unlicensed
formal reprimand; ordered to pay a civil Twin Falls, Idaho. Stipulated to violation individual in Littleton, Colorado.
fine of $3,500; required to pay $600 for of Idaho Code sections 54-2061(1)(a) - Stipulated to violations of Idaho
costs and attorney’s fees; and required for a felony conviction; and 54-2061(3) Code sections 54-2002 as defined
to successfully complete a live GRI-102 – failure to report the conviction to the by 54-2004.(32)(a)(c)(d)and (e) and
class. In addition, her license is suspended Commission within 20 days. Given a by 54-2004(16) - the unlicensed
for 12 months, but the suspension is Formal Reprimand; license is suspended practice of real estate by acting as
withheld provided she complies with all until 8/15/2011 but the entire suspension a dealer in options. Ordered to pay
terms of the Final Order and commits no is withheld providing he complies a civil fine of $2,500; and costs and
additional violations. with criminal court order, violates no attorney’s fees of $300.
additional license law, and pays all fees Workman, Timothy “Tim”,
Tasker, Christopher B., A California on time; ordered to pay $300.00 in costs salesperson in Rathdrum, Idaho. Sold
licensee, but unlicensed in Idaho. and attorney’s fees. development lots with a doublewide
Obtained a listing on Idaho property. Wilson, Brent E., salesperson in Idaho mobile home on one of them. He
Approached Idaho licensee about a referral Falls, Idaho. Acted on behalf of a placed his own name on the title to
fee, but would not let Idaho licensee list California agent who had a listing on the mobile home and rented it to his own
the property or have any contact with the Idaho property. Advertised the property tenant for a year. He did not own the land,
seller. Stipulated to violation of Idaho including contact data for California and the mobile home remained officially
12 The Real Estatement July 2009
in the name of the seller because he did >>>>>>>>>>>>>>>>>>>>>>>>>> Brooks, Victoria, salesperson
not file the title. Stipulated to violation of >>>>>>>>>>>>>>>>>>>>>>>>>> in Boise.$500
Idaho Code sections 54-2045.(4) - failure Browning, Wayne D., designated
to deliver consideration to his broker; 54- The following licensees stipulated to broker in Moscow. $500
2050.(1)(e) - allowing the seller’s mother violation of Idaho Code sections 54- Bryan, Julie Flint, designated
to sign transaction documents without a 2023.(1)(a) and 54-2060(10) – failure to broker in
power of attorney; 54-2054.(7) - receiving obtain Continuing Education in a timely Driggs. $500
payment from the buyer and seller without manner, and/or 54-2060(7) – misstatement Byrne, Nancy E., designated
Disciplinary actions, continued on page 14
disclosing it, i.e.: the mobile home from the in the application for renewal of a real broker
buyer and the commission from the seller; estate license, and paid the civil fine in Star. $1,000
54-2054.(9) - receiving compensation (the amount shown. A “*” indicates it is a
mobile home) outside the brokerage; 54- second time violation for that licensee, Cain, Candice, salesperson in
2060.(3) - failure to account for money and therefore the fine was doubled. Unless Boise. $250
or property; 54-2060.(11) - dishonest or otherwise noted, all are located in Idaho. Carr, Mary Margaret, salesperson
dishonorabledealings; 54-2060.(12) - in Boise. $500
gross negligence or reckless conduct; 54- Arevalo, Michelle, salesperson in Corleone, Glenn Roger,
2087.(2) - failure to exercise reasonable Eagle. $500 designated broker in Meridian.
skill and care on behalf of his clients. Bagley, Tracey L., salesperson in $750
Given a Formal Reprimand; ordered to Meridian. $500 Darter, Don A., salesperson in Saint
pay a $3,290.00 civil fine; $300 costs and Beasley, Melinda Ann, designated Maries. $250
attorney’s fees; license is suspended until broker in Pullman, Washington. Florence, Betsy K., salesperson in
November 23, 2009, but the suspension 500 Twin Falls. $250
is withheld provided he commits no Bell, Roy Burnett, broker in Harmon, Kelly R., salesperson in
additional violations and complies with Hayden.$250 Parma. $250
the terms of the Final Order; required to Bossingham, H. James, designated Hauer, Michael D., salesperson in
successfully complete a live GRI-102 broker in Coeur d’Alene. $500 Boise. $500
class.
electronic fingerprinting is now being contracted
to pearson vue for all real estate applicants
Effective June 1, 2009, fingerprint cards will no longer be accepted at the Commission. The
Commission has outsourced this program to Pearson Vue. Live scan fingerprinting will now
be used. This will allow a faster turn-around on the fingerprint results with a one stop shop. An
applicant will be able to take the license exam(s) and be fingerprinted at the same time, at the
same location. Please don’t wait till the last minute to get your fingerprints done!
All applicants will need to schedule fingerprinting when scheduling the licensing exam(s)
with Pearson Vue.
Idaho Code 54-2012(i) states that an applicant must:
Be fingerprinted for the purpose of a national criminal history check to determine whether
the applicant is qualified for licensure, and pay all fees associated with the fingerprinting and
background check services.
For more information about the new fingerprinting process, contact the Licensing
Department, at (208) 334-3285 (toll free, 1-866-447-5411).
July 2009 13 The Real Estatement
Huffaker, Steven D., salesperson in Wakewood, Kendal L.,salesperson in Berg, Tisha, salesperson in Boise. $100
Coeur d’Alene. $500 Twin Falls. $750 Biggers, Emily, salesperson in Horseshoe
Iliff, George Sanford, designated Walgamott, Keven D., salesperson Bend. $100
broker in Boise. $500 in Boise. $500 Bisbee, Lauren, salesperson in Spokane,
Irish, Shelly Marie, salesperson in Williams, Ann K., Washington. $100
Caldwell. $500 associate broker in Bellevue. $250 * Blair, Ken salesperson in Boise. $100
Jenkins, Leon Scott, Bloomer, Linda, salesperson in
salesperson in Idaho Falls. $750 >>>>>>>>>>>>>>>>>>>>>>>>>> Meridian. $100
Keene, Mark J., salesperson in >>>>>>>>>>>>>>>>>>>>>>>>>> Boatner, Julie salesperson in Eagle. $100
Post Falls. $500 Boise Realty Inc., (Tricia A. Callies,
Kirkman-Menges, Tiffany, salesperson The following sales associates, associate designated broker), in Boise. $100
in Meridian. $500 brokers, designated brokers and firms Boothby, Lonnie V., salesperson in
Kolb, Robert B., salesperson in stipulated to violation of Commission Moscow. $100
Coeur d’Alene. $500 Administrative Rule 121.03- failure Borden, Melvin Francis, salesperson in
Lasher, Deborah L. “Debbie”, of a licensee to maintain Errors and Salmon. $100
salesperson in Post Falls. $500 Omissions insurance or failure of Borgen, Janet designated broker in
Lewis, Richard W. “Billy”, a licensee to submit or cause to be Boise. $200*
salesperson in Jackson, Wyoming. submitted a certificate of coverage as Bowman, David, salesperson in Boise
$1,000* required by section 54-2013, Idaho Code. $200 *
Lukomsky, Vladimir, salesperson All were issued a civil fine of the amount Brebner, Ken designated broker in
in Boise. $500 shown. A “*” indicates a second or third Portland, Oregon $100
Marchbanks, Clint T., associate broker time violation, and therefore the fine was Brown, Catharine E., salesperson in
in Caldwell. $500 doubled. Unless otherwise noted, all are McCall. $100
Martin Jr., George G., associate located in Idaho. Broz, Dennis, salesperson in Jackson,
broker in Ketchum. $500 4 U Ranch Realty/United Country, Wyoming. $100
Martin, Jamie G., salesperson in (Curtis L. Ferney, designated broker), in Burden, Karen R., salesperson in Star.
Twin Falls. $500 Rexburg. $200 * $100
McCahill, David, salesperson in Coeur 5B Realty, Inc., (Shelly L. Shoemaker, Burnett, William G., salesperson in
d’Alene. $1,000 designated broker) in Bellevue. $100 Boise. $100
Parrish, Christopher B., Adair, Gerry, designated broker in Burr, Jenette salesperson in Blackfoot.
salesperson in Boise. $250 Ashton. $100 $100
Patterson, Adam R., designated broker Adams, Jon K., designated broker in Bushell Geoffrey, broker in Sun Valley.
in Island Park. $1,000 Memphis, Tennessee. $100. $100
Povey, Connie S., designated broker in Ageson, Martin designated broker in Business Properties Brokerage
Saint Anthony. $1,000 Huntington Beach, California $200* Company (Leo M. Notar, designated
Price, Jonathan D., salesperson in Agnew, Sarah, salesperson in Boise. broker) in Hayden. $100
Burley. $1,000 $100 Butikofer, JaRon M. salesperson in
Provencio, Jason S., salesperson in Anderson, Hal T., designated broker in Rigby $200 *
Nampa. $500 Farmington, Utah. $100 Butler, Sandra, salesperson in Nampa.
Reasor, Erin K., salesperson in Anderson, Kara, salesperson in Priest $100
Coeur d’Alene. $500 River. $100 Byington, Dwain, associate broker in
Roe Jr., William R. “Rusty”, Apicello, Anita G., salesperson in Boise. Eagle. $100
salesperson in Boise. $375 $100 Cannon, Daniel, salesperson in Boise.
Shine, William, salesperson in Arrow Rock Realty LLC (Richard E. $100
Coeur d’Alene. $250 Briggs, designated broker) in Victor. Carmody, Elizabeth, salesperson in
Slivinski, David, salesperson in Driggs. $100 Boise. $100
$500 Assist 2 Sell Southeast Idaho Realty Carter, Carolyn Sue, salesperson in
Springs III, Richard A., salesperson in (Lonny G. Erickson,designated broker), Donnelly. $100
Bellevue. $500 in Pocatello. $100 Cashflow Real Estate (Trina K. Neddo,
Stevens, Tiffany Ann, Baker, Daniel, salesperson in Coeur designated broker), in Boise. $100
salesperson in Idaho Falls. $500 d’Alene. $100 Chambers, Gwen, salesperson in
Sutton, Cheryl L., salesperson in Baldwin, Cameron, salesperson in Spokane, Washington. $200 *
Caldwell. $500 Boise. $200 * Christensen, Curtis, salesperson in
Tesulov, Dan M., salesperson in Barbot, Lena M., designated broker in Boise. $100
Coeur d’Alene. $1,000 Star. $100 Clinton Jr., Thomas L., designated
Urwin, Bethany G., designated broker in Barlow, Richard, salesperson in Eagle. broker in Tetonia. $200 *
Nampa. $750 $100 Coats, Nicholas R., salesperson in Boise.
Vaught, Carolyn J., Bartu, Eugene, salesperson in Pocatello. $100
salesperson in Boise. $250 $100
14 The Real Estatement July 2009
Cochell, Angelia, salesperson in Boise. Flinders, Kristin salesperson in Malad Hernandez, Dan, designated broker in
$100 City. $100 Boise. $200*
Coldwell Banker Conklin & Company, Flinders, Tom L., designated broker in Herrick, Steven, salesperson in Boise.
(Todd P. Conklin, designated broker) in Malad City. $200* $200*
Ketchum. $100 Foster, John, salesperson in Boise. $100 Hicks, Tom, salesperson in Boise. $200*
Coldwell Banker Tugaw Realtors® Foster, Mary Jo, salesperson in Boise. Higley, Douglas, salesperson in Ammon.
(Edward A. Tugaw, designated broker) in $100 $100
Brigham City, Utah. $100 Fox, Kyli J., salesperson in Victor. $100 Higley, Joshua G. salesperson in Rigby.
Compton, Julie “Juli”, salesperson in Franklin IV, Clarence Eddy, salesperson $100
Eagle. $100 in Boise. $100 Hilbig, Craig, salesperson in Kuna.
Conklin, Katie salesperson in Boise. Fulkerson, Rebekah, salesperson in $100
$100 Boise. $100 Hodgson, Andrew “Drew”, salesperson
Contour Investment Properties (Cheryl Gemmel, Doug, salesperson in Tetonia in Coeur d’Alene. $100
Lane Hindermann, designated broker), in $100 Hoffman-Lampman, Tanya, salesperson
Jackson, Wyoming. $100 Gier, Debora K., designated broker in in Caldwell. $100
Coulter, James H., designated broker in Boise, Idaho. $200 * Holt, Lee Robert, associate broker in
Hailey. $200* Gilliland, Vlada salesperson in Nampa. Preston. $100
Cullum, Tanja, salesperson in Boise. $200* Homes For You Real Estate, LLC
$100 Gneiting, Nolan, designated broker in (Debora K. Gier, designated broker) in
Deaton, Melanie, salesperson in Meridian. Rigby. $100 Boise. $100
$100 Golden Stone Realty, (Robert Reece, Huffaker, Joshua salesperson in
DeHaas, David, designated broker in designated broker) in Rigby. $100 Lewiston. $100
Boise. $100 Gorrell, Gerald D. designated broker in Hunt, Jarrod Scott, salesperson in Boise.
DeVore, Jennie, salesperson in Boise. Glenns Ferry. $100 $100
$100 Graver, Timothy designated broker in Hunt, Jefferson salesperson in Pocatello.
Dofelmier, Erika salesperson in Boise. Garden City. $200* $100
$100 Green Tree REALTORS®, (Rita M. Hunt, Jessica salesperson in Boise. $100
Doughty, Kelly, salesperson in Victor. Watson, designated broker) in Idaho Falls. Iacoboni, Jennifer salesperson in Boise.
$200 * $100 $100
Dundon, Edward R., designated broker Greenfield, Stephanie, salesperson in Jackson Sr., Michael, salesperson in
in Portland, Oregon. $200 * Eagle. $200* Boise. $100
Dye, Richard A., salesperson in Boise. Grounds, Summer, salesperson in Eagle. Jackson, Erica, salesperson in Boise.
$100 $100 $100
Earl, William David, salesperson in Gundersen, Pamela, associate broker in Janke, Benjamin P., designated broker in
Boise. $100 Price, Utah. $200 * Meridian. $100
Eason, Casey, salesperson in Island Park. Hadden, Craig S., designated broker in Jemmett, Andrew, salesperson in Boise.
$100 Shoshone. $200* $100
Eddy, Patricia, designated broker in Hall, Robert E., salesperson in Boise. Jenkins, Robert M., designated broker in
Bonners Ferry. $100 $100 Nampa. $100
Edvalson, Rosemarie, salesperson in Hancock, Jennie Kay, broker in St. Jeran, Robyn salesperson in Coeur
Eagle. $200* George, Utah. $100 d’Alene. $100
Elite Real Estate Services, LLC, (Keith Harrington, Blake, salesperson in Jessen, Tim salesperson in Eagle. $100
“Brad” Klahr, designated broker) in Boise. Clarkston, Washington. $100 Johnson, Daniel H., salesperson in
$100 Harris, Dennis Todd, salesperson in Meridian. $100
Engledow Jr., Clinton, salesperson in Layton, Utah. $100 Johnson, Mary B., salesperson in Eagle.
Kamiah. $200 * Havey, Karen, salesperson in Eagle. $100
Erdman, Twila, salesperson in Newport, $100 Jones, Ross, salesperson in Boise. $200 *
Washington. $100 Hawkins, Dale R., salesperson in Santa. Kegley, Rodney, salesperson in Hailey.
Eubank, Justin, salesperson in Eagle. $100 $100
$100 Hawkins, Debra E., salesperson in Santa. Kieran, Mollie G., designated broker in
Evans, David W., broker in California $100 Troy, Montana. $100
City, California. $100 Hedge, LLC (Anthony Laudonia, Klinge, Susanne, salesperson in McCall.
Faris, Scott K., salesperson in Boise. designated broker) in Cos Cob, $100
$200 * Connecticut. $100 Knight, David A., salesperson in Boise.
Fields Jr., George L. “Pete”, salesperson Heider, Lee, designated broker in Twin $100
in McCall. $100 Falls. $100 Koranda, Jennifer, salesperson in Boise.
Flinders Realty & Exchange Inc. (Tom Heinonen, Kevin S., designated broker in $100
L. Flinders, designated broker) in Malad Scottsdale, Arizona. $100 Kowallis, Douglas, designated broker in
City. $100 Henneman, Amanda salesperson in Boise. $100
Boise. $100
July 2009 15 The Real Estatement
Lamken, Phyllis, broker in Victor. $100 Nahas, Robert, designated broker in Russell, Kevin A., designated broker in
Lampman, Jason R. H., salesperson in Eagle. $100 Boise. $100
Nampa. $100 Neddo, Trina, designated broker in Boise. Sager, Raymond, salesperson in McCall.
Land, Judy, designated broker in $100 $100
Donnelly. $100 Needs Commercial Real Estate Services, Salazar, Gilbert, salesperson in American
Lanum, Betty J. designated broker in Inc. (Teresa A. Puffe, designated broker) Falls. $100
Nampa. $200* $100 Sanders, Carol A., salesperson in
Lanum, Frank E. salesperson in Nampa. Neilsen, Teri Rae, salesperson in Mountain Home. $100
$200 * Meridian. $100 Sargent, Bryan, salesperson in Idaho
Larsen, Rex B., designated broker in Nelson, Karen K., associate broker in Falls. $100
Boise. $100 Donnelly. $100 Savage, Donna, designated broker in
Laudonia, Anthony, designated broker Northwest Outdoor Properties Inc., Boise. $100
in Cos Cob, Connecticut. $100 (Marcus D. Ross, designated broker) in Savoia, Damon, salesperson in Hailey.
Leavell, Rick, salesperson in Boise. Sandpoint. $100 $100
$200* Oeding, Charles, salesperson in Salmon. Sewell, Tanya, salesperson in Kamiah.
Levicki, Michael, salesperson in Eagle. $100 $100
$100 Oxford-Lyman, Mona, salesperson in Sharp, Justin Ryan, salesperson in Twin
Loanetwork.com (Lynda S. Smith, Meridian. $100 Falls. $100
designated broker) in Eagle. $100 Paskin, Cathy A., salesperson in Tetonia. Shoemaker, Shelly, designated broker in
Luong, Tan “Nathan”, salesperson in $100 Bellevue. $100
Boise. $100 Patterson, Jacobi, salesperson in Boise. Slade, Michael Dean, designated broker
Madrid, Charles, salesperson in Boise. $200* in Las Vegas, Nevada. $100
$100 Pelton, Rob D., salesperson in Boise. Smith, LaRissa, salesperson in Lewiston.
Marchand, Brandon, salesperson in $100 $100
Coeur d’Alene. $100 Petrilli, Chris, salesperson in Boise. Smith, Lynda Sue, designated broker in
Marin, Bryan, salesperson in Meridian. $200* Eagle. $200*
$100 Piazzola, Lynne M., designated broker in Snyder, Kelly John, salesperson in Boise.
Marolf, Gary, salesperson in Gooding Noxon, Montana. $100 $100
$100 Pickren, Michael Patrick, designated Southers Properties (David S. Southers,
Marolf, Jr., Fredrick, salesperson in broker in Boise. $100 designated broker) in Boise. $200*
Gooding. $100 Poe, Russell B., designated broker in Southers, David, designated broker in
Maul, Fred, salesperson in Boise. $100 Meridian. $100 Boise. $200*
McBride, Kent, designated broker in Prater, Jack, salesperson in Boise. $100 Spears, Kim, designated broker in Boise.
Shoshone. $200* Procore Real Estate LLC (Russell B. $200 *
McFarland, Kyle, salesperson in Poe, designated broker) in Meridian. Spinnaker Realty, (Lena M. Barbot,
Clarkston, Washington. $100 $100 designated broker) in Star. $100
McMahan, R. Marlene, salesperson in Progressive Realty (James “Jim” I. Spinnaker Realty, (Lena M. Barbot,
Eagle. $100 Paulson, designated broker) in Boise. designated broker) in Star. $200 *
Meckauer, Arthur, salesperson in Wilson, $100 Steele, Howard Scott, salesperson in
Wyoming. $200 * Prudential Idaho Realty (Georgia C. Idaho Falls. $100
Meeker, Billy, salesperson in Boise. Vreeland, designated broker) in Boise. Steele, Jacob, salesperson in Boise. $100
$100 $100 Stefan, Mircea, salesperson in Boise,
Mehalechko, Charles, associate broker Radford, Susan, salesperson in Memphis, Idaho. $200 *
in Spokane, Washington. $100 Tennessee. $100 Steidl, Jessica, salesperson in Sandpoint.
Millage, Robert, salesperson in Kamiah. Reece, Robert, designated broker in $100
$100 Rigby. $100 Steiner, John C., salesperson in Boise.
Miller, Brent, designated broker in Rhodes, Bradley J., salesperson in $200*
Middleton. $200* Ashton. $100 Strickland, James “Jim”, salesperson in
Misenheimer, Ross, salesperson in Rist, George M., broker in Placervile, Boise. $100
Hayden. $100 California. $100 Sweetwater Community Real Estate
Moore-Olsen, Stephanie, salesperson in Rivara, Louis, designated broker in (Jon K. Adams, designated broker) in
Pocatello. $100 Pleasanton, California. $200 * Memphis, Tennessee. $100.
Morrison, Christina, salesperson in Rivielle, Michael A., designated broker Tanous, Lisa, salesperson in Ketchum.
Mountain Home. $100 in Ketchum. $200* $100
Morrow, Paul, salesperson in Boise. Robertson, Jennifer, designated broker Tetonvalleyproperties.com (David A.
$100 in Atlanta, Georgia. $200 * VanDermyden, designated broker) in
Murphy, Mollie, salesperson in Coeur Rogers, Ronald P., salesperson in Victor. $200*
d’Alene. $100 Mountain Home. $200 * Tew, Brad, designated broker in
Myers, Donna Leigh, salesperson in Roundtree, Nicholas, salesperson in Springville, Utah. $100
Emmett. $100 Boise. $100
16 The Real Estatement July 2009
Tew, Eddye, salesperson in Springville, >>>>>>>>>>>>>>>>>>>>>>>>>>>>> Eubank, Justin - (KaLinn Dishion) -
Utah. $100 >>>>>>>>>>>>>>>>>>>>>>>>>>>>> Group One, Inc. – Eagle - $150
Thames, Kirk., designated broker in Finlay, Dale Margaret - (KaLinn Dishion)
Spokane, Washington. $100 Sales associates, associate brokers and - Group One, Inc. – Eagle - $150
The Realty Dot, Inc., (Jennifer Robertson, designated brokers who stipulated to Geraghty, Ryan - (KaLinn Dishion) -
designated broker) in Atlanta, Georgia. violation of Idaho Code sections 54-2002, Group One, Inc. – Eagle - $150
$200 * 54-2018(2) and 54-2060(10) – failure Hanson, Robert Cole – (Jason Retherford)
Wilkins, Kurtis M., designated broker in to renew or activate license in a timely – Action Real Estate, Inc. – Boise - $150
Melba. $100 manner, and continuing to practice as a Hawkins, Audra – JH Real Estate
Thomas, Brandon, salesperson in licensee after their license had expired Services, LLC – Jackson, Wyoming -
Meridian. $100 or been inactivated. All were issued a $170
Thornton, Lori, salesperson in Nampa. civil fine of the indicated amount. The Hernandez, Dan - The Firm Real Estate
$100 licensee’s designated broker (shown in Corporation – Boise - $270
Timbercrest Realty, LLC (Shawn Red parentheses) stipulated to violation of Hodgson, Andrew – (Scott M. Chesrown)
Christian, designated broker) in Boise. Idaho Code sections 54-2038(3) and 54- – Black Rock Properties, LLC – Coeur
$100 2060(10) – failure to adequately supervise d’Alene - $150
Tugaw, Edward, designated broker in by allowing an unlicensed person to Holland, Susan - (John Knipe) - Knipe
Brigham City, Utah. $100 represent the broker, and was issued a civil Land Company Inc. – Boise - $150
Valentine, Jay J., designated broker in fine of the same amount as shown for the Johnston, Brady – (Ray Elser) - American
Nampa. $200 * licensee. Realty West – Driggs - $150
Van Horn, Sharon, salesperson in Coeur Agnew, Terence R. - (Gary T. Lindsey, Daniel - (Dale K. Hoyd) - Realty
d’Alene. $100 Schneidmiller) - Coldwell Banker Executives of Treasure Valley - Meridian.
VanDermyden, David, designated broker Schneidmiller Realty - Coeur d’Alene - Civil penalty fine of $150
in Victor. $200* $150 Mackley, Charles Nelson – Mackley &
Veal, Rory, designated broker in Donnelly. Bernier, Alicia – (John Runkle) - Realteam Associates – Salinas, California - $750
$100 Real Estate Center, Inc. - Coeur d’Alene - Malmstrom, Barbara - (Lawrence C.
Venture One Properties (Shane Murphy, $150 Laraway) - Coldwell Banker Tomlinson
designated broker), in Idaho Falls. $100 Bilyeu, Lori – (Clark Bilyeu) – Re/Max Group – Boise - $150
Vizions Real Estate, LLC (Benjamin P. Elite Properties, LLC – Boise - $150 Marin, Bryan P., (Greg D. Davis)
Kanke, designated broker), in Meridian. – Genesis Real Estate Group LLC –
$100 Boyle, Angela Marti - (Joseph Newby) - Meridian - $150
Vorous, Mary Lynn, salesperson in Coeur Home 2 Home Services Inc. – Meridian McCune, Gregory M. - (Werner
d’Alene. $100 - $150 Rosenbaum Jr.) – Re/Max Country Real
Wasem, Reed, salesperson in Eagle. Budell, Stacey - (Darren R. Smith) - MLC Estate Inc. – Pocatello - $300
$100 – Sotheby’s International Realty – Eagle McFarland, Kyle B. – (William
Welch, Jonathan, salesperson in - $150 Morscheck) - Coldwell Banker Tomlinson
Meridian. $200* Childs, Karla - (Barbara Woolf) - Associates – Lewiston - $300
Whitetail Resort Realty, LLC (Rory L. American Realty, Inc. – Boise - $150 Needs, Jeff – (George Iliff) – Colliers
Veal, designated broker) in McCall. $100 Cordova, Gabe - (Blake Mayes) - Re/ International – Boise - $300
Wilkerson, David Thomas, salesperson Max Capital City – Boise - $150 for the Nguyen, An - (Richard “Rick” McGraw)
in Boise. $100 broker - $300 second time violation for – The Real Estate Group – Boise - $300
Wilkins Realty, (Kurtis M. Wilkins, the salesperson. Nishitani, Traci - (Erick Goin) – United
designated broker) in Melba. $100 Curtis, William H. - (Paul T. Webb) – Realty, Inc. – Boise - $150
Willcut, James B., designated broker in Recreation Realty – Montpelier - $750 O’Rullian, Jon C. - (Rodney A. Jones)
Hayden. $200 * Delaney, Kristen - (Gary T. Schneidmiller) – Idahos Real Estate – Rexburg - $150
Willett, Jennifer, salesperson in Burley. – Coldwell Banker Schneidmiller Realty Price, Richard A. – (Randy Ware) – Gold
$100 – Coeur d’Alene - $150 Key Real Estate – Boise - second time
Williams, David Lee, salesperson in DeWitt, Bobbi - (Darren Smith) – MLC violation for the associate broker - $150
Marsing. $200* – Sotheby’s International Realty – Eagle Shippen, Eric - (Greg Vinnola) – Re/Max
Williams, Jason G., salesperson in Eagle. - $150 Homestead Realty – Idaho Falls - $300
$100 Diehl, Brent - (Amy Marx) - Idaho Sutton, Karen R. – Keller Williams
Wilson, David, designated broker in Mountain Real Estate – Ketchum - $500 Realty West – Nampa - $300
Olympic Valley, California. $200* Elgee, Joel - (Gary T. Schneidmiller) Ward, Bradley - (Michelle Behrendt) -
Yasen, Jenifer, salesperson in Coeur – Coldwell Banker Schneidmiller Realty Rewards Realty - Idaho Falls - $150
d’Alene. $100 – Coeur d’Alene - $300 Welch, Jonathan - (Allan Edwards)
Young, Arthur, salesperson in Boise. Eschen, Christian - (Larry Coelho) - Magellan Capital Realty LLC – Meridian
$100 Smith & Coelho of Valley County LLC - $150
– Eagle - $150
July 2009 17 The Real Estatement
April’s Commission Meeting
at the Greater Idaho Falls Association
of REALTORS®
The Commissioners and Staff have been out and about
holding regular monthly meetings in Idaho Falls and
Lewiston during fiscal year (FY) 2009. We appreciate
the asssistance of the Greater Idaho Falls Association of
REAlTORS® for helping us arrange these meetings. We
look forward to Commission meetings in Couer d’ Alene in
September 2009 and Burley in April 2010.
Remember, you can earn up to 4 continuing education Wow!
credit hours for attending an entire Commission meeting. Anyone need
To find out when and where the next meeting will be held, go
to IREC’s webpage at www.irec.idaho.gov. some elbow
room?
Willett, Jennifer - (Kelly Runyon) - River Acosta, Travis R. with 1st Choice Realty, in Burley
Bridge Realty Inc. - Burley - $150 Properties Inc., in Boise Hon, Michael with Iron Eagle Realty, in
Young, William - (Tonya Backus) – Magic Ballantyne, Thomas Clinton with Hubble Eagle
Valley Realty Inc. – Twin Falls - $150 Homes, LLC, in Meridian Ocepek, Patricia H. with Real Estate
Bilyeu, Clark P. with Re/Max Elite Marketing Inc., in Boise
>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Properties, LLC, in Boise Schindler, Sharon E. with Market Real
>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Castaneda, Sylvestre with Mission Estate LLC, in Meridian
The following designated brokers were Mannor Realty, in Nampa Weber, Donald D. with Weber Investments
issued citations for violations found during Childers, Peggy A. with Lone Tree Land Inc., in Boise
their office audits: Company, LLC, in Payette Weed, Judith A. with Judy Weed Real
Hines, Jerry L. with Century 21 Riverside Estate, in Boise
18 The Real Estatement July 2009
Idaho Real Estate Commission Staff
208-334-3285 or toll free in Idaho 866-447-5411
Administration.........................................................................................................................................dial “4”
(Public records requests, Commission meetings, budgeting, human resources, accounts payable,
information technology)
Jeanne Jackson-Heim - jeanne.jackson-heim@irec.idaho.gov..................................................................ext. 118
(Executive Director)
Tammy Anderson - tammy.anderson@irec.idaho.gov...............................................................................ext. 101
(Administrative Assistant I)
William Robinson - william.robinson@irec.idaho.gov.............................................................................ext. 107
(Information Systems Technician)
Tammy Collier - tammy.collier@irec.idaho.gov........................................................................................ext. 103
(Management Assistant)
Gayle Nelson - gayle.nelson@irec.idaho.gov............................................................................................ext. 117
(Office Specialist II)
Commission Counsel
Kim Coster - kim.coster@irec.idaho.gov
Education Department............................................................................................................................dial “2”
(Education development, continuing education audits, Education Council meetings, instructor/
course/provider certification, course completion lists, education materials, evaluations,
education histories)
Vacant - info@irec.idaho.gov.....................................................................................................................ext. 105
(Education Director)
Jesama Rosensweig - jesama.rosensweig@irec.idaho.gov........................................................................ext. 106
(Administrative Assistant I)
JoAnn Benavidez - joann.benavidez@irec.idaho.gov................................................................................ext. 102
(Office Specialist II)
Enforcement Department.......................................................................................................................dial “3”
(Complaints, legal questions, office inspections, license law violations)
Craig Boyack - craig.boyack@irec.idaho.gov............................................................................................ext. 114
(Chief Investigator)
Kimberly Kelley - kimberly.kelley@irec.idaho.gov..................................................................................ext. 113
(Investigator)
Donald Morse - don.morse@irec.idaho.gov...............................................................................................ext. 111
(Investigator)
Vacant - info@irec.idaho.gov.....................................................................................................................ext. 112
(Inspector)
Stephanie McLarin - stephanie.mclarin@irec.idaho.gov............................................................................ext.108
(Administrative Assistant II)
Licensing Deparment..............................................................................................................................dial “1”
(New broker/salesperson/firm applications, license changes/renewals, license history requests,
fingerprints, E&O questions, exam waivers)
Neal Bernklau - neal.bernklau@irec.idaho.gov.........................................................................................ext. 116
(Licensing Supervisor)
Helena Guest - helena.guest@irec.idaho.gov.............................................................................................ext. 109
(Technical Records Specialist I )
Kelly England - kelly.england@irec.idaho.gov..........................................................................................ext. 110
(Office Specialist II)
Operator....................................................................................................................dial “0” or stay on the line
July 2009 19 The Real Estatement
The Real Estatement
Vol. 29 No. 2 July 2009
The Real Estatement is an official publication published semiannually by the Idaho Real Estate Commission.
Articles by outside experts express the author’s particular viewpoints. These opinions are not necessarily shared
by the Commission, nor should they be mistaken for official policy. The articles are included because we feel
they will be of interest to the readers. Submissions are solicited. However, articles should not exceed 500 words
and may be edited as space and content demand. Reprint permission is granted provided credit is given to the
Commission and the author. Any article separately copyrighted by its author(s) also requires permission from
the other(s). Please advise the Commission office of any individuals with disabilities needing accommodation.
Idaho Real Estate Commission
633 North Fourth Street
P.O. Box 83720
Boise, Idaho 83720-0077
(208) 334-3285
(866) 447-5411 toll free in Idaho
(208) 334-2050 fax
(800) 377-3529 TRS
www.irec.idaho.gov
Governor
C.L. “Butch” Otter
20 The Real Estatement July 2009
