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Vincent C. Gray - Mayor, District of Columbia
Alton Duncanson, Dr. Shari Barton, Broker, Legal Committee Chair Monique N. Owens, Salesperson Member
Chairman, Education Chairman, Salesperson Member
Rick Gersten, Broker Edward D. Collier, Property Manager Member
Henry M. Terrell, Esq.
Vice Chairman, Attorney Member Jo Ricks, Broker Kenneth D. Smith, Property Manager Member
District of Columbia Real Estate Commission 1100 4th St SW Washington, DC 20024
Chairman’s Corner by Alton “Tony” Duncanson
Not that long ago, a “tweet” Online advertising text visible on the same
was only the sound a bird undertaken for the purpose of webpage that contains the
made. “Social Media” meant any licensed activity that can chat session if the licensee
reading what was in the controls the website hosting
be viewed or experienced as a
The COMMENTATOR
newspaper and talking about the chat session;
separate unit such as
it over coffee with friends. Licensees shall not use
Back then, we never heard of e-mail messages or web pages
unsolicited commercial
a “blog”. Only the crew of shall contain an on-line
e-mail (Spam) to promote
the Starship Enterprise had disclosure as follows: licensed activity. Licensees
this thing in their ear that are responsible for the
they could communicate If a firm or licensee owns a actions of third parties that
through. “Beam me up web page or controls its provide commercial e-mail
Scotty” things have really content, the viewable page advertising and marketing
changed. shall include an on-line services for the benefit of the
Today we blog, tweet, and disclosure or a link to an licensee.
post or contribute to on-line disclosure; Err on the side of caution
communities like Facebook, and you will save yourself
LinkedIn, ActiveRain or E-mail, newsgroups, potential liability.
Trulia. We send text discussion lists, and bulletin
messages in an abbreviated boards shall include an
language that only teenagers on-line disclosure at the
really understand. All of this beginning or end of each
progress falls into the message. The provisions of
category of “social this subsection do not apply
networking”. to correspondence with
Social Networking is one way persons with whom the
licensee has already
of communicating with
established a brokerage
clients, customers and the Alton Duncanson, Chairman
relationship and which are
public but, in all its forms,
can be considered
made in the ordinary course CONTENTS
of business;
advertising. Licensees must
SPRING 2011
be knowledgeable of the On-line disclosure is not
rules of disclosure with necessary in an instant ARELLO Elections….….….2
on-line advertising, and how message, IRC, or ICQ format
they apply to these media. WDCAR and
if the firm or licensee has GCAAR…….……………....2
This can require some provided the on-line
interpretation, since many of disclosure via another format DCREC Course Offerings.….3
today’s tools did not exist prior to providing, or
when the regulations were offering to provide, services CE Courses on Historic
framed. licensed under this chapter; Preservation………………....3
Here are some pertinent
On-line disclosure is required DC Foreclosure Act of 2010...3
excerpts regarding On-Line
prior to providing, or
Advertising from the Legal Actions………………..4
offering to provide,
District of Columbia licensable services during a Key Dates and Facts………...5
Mu nic i pa l Reg ula ti o n s chat session. On-line
(DCMR) Section 2615. disclosure may appear in the
Page 2 THE COMMENTATOR
Commissioners & Staff Win Elected Positions with ARELLO
Congratulations to the ARELLO supports jurisdictions in
Commissioners and Staff who were the administration and
successfully elected or reappointed enforcement of real estate license
as officers in the Association of laws to promote and protect the
Real Estate License Law Officials public interest. Their stated
(ARELLO). On the purpose is to promote excellence in
ARELLO® Board of Directors real estate regulation. With the
representing District 1 are Tony vision of becoming the essential
DCREC Chairman Duncanson, Vice President; Henry link for making regulation better
Alton Duncanson M. Terrell, Director and Shari ARELLO continually strives for
Barton, Director. These the following core values:
Commissioners served in these DCREC Commissioner
• Protection of the public Dr. Shari Barton
capacities for the previous term and interest;
were elected based on their • Freedom from undue
superior service.
influence;
Staff member Leon W. Lewis won • The exchange of
the national ARELLO office of information and the creation
Treasurer. Mr. Lewis had ably of knowledge; and
served in a variety of capacities • An inclusive community, with
before seeking and winning this cooperation among regulators
national office. We are excited and jurisdictions.
and proud to have such a talent in Congratulations to our
DCREC Commissioner our midst. Commissioners and Staff on their
DCREC Staff
Henry M. Terrell, Esq. achievements. Leon W. Lewis
WDCAR and GCAAR: A Tale of Two Associations
– Similar in Mission But Not in Structure
District real estate professionals have main purpose is to promote public essential to its members needs,
always been a bit confused about the policy positions that support including: forms, lockbox services,
difference between the Washington, REALTOR® and industry interests and professional development.
DC Association of REALTORS® in the District of Columbia, as well as GCAAR also promotes public policy
(WDCAR) and the Greater Capital federal legislation that supports that supports home ownership by
Area Association of REALTORS® REALTOR® issues. WDCAR working with local lawmakers and
(GCAAR). Both groups support provides other services as well, elected officials. GCAAR offers
REALTORS® in Washington, DC, including legal and tech hotlines, continuing education courses for
but their structure is a bit different. information through print and digital Maryland, DC, and Virginia as well as
We asked Brenda Small, 2010 communications, and networking other designation programs.
WDCAR President, and Shelly opportunities. Similar to other state “Because our jurisdictions are so
2010 WDCAR President Murray, 2010 GCAAR President, to REALTOR® associations, WDCAR close and we share many of the same
Brenda Small shed some insight. offers the Graduate REALTOR® services and resources, we enjoy a
It’s best to understand the structure Institute (GRI) designation program special relationship with our
set up by the National Association of through the local associations. WDCAR members, one that works
REALTORS® (NAR). According to “Being a member of WDCAR is the very well.” says Shelly Murray.
NAR, REALTOR® associations are best of both worlds,” says Brenda All GCAAR members are members
set up in a three-tier structure - Small. “You benefit from all of the of NAR, but at the state level, they
National, State, and Local. In this great resources afforded to you as a are either members of the Maryland
structure, NAR is the national body. GCAAR member, but there’s still a Association of REALTORS® or
WDCAR is the State Association focus on DC real estate issues and WDCAR (state membership is based
serving REALTORS® in the District how they impact our business.” on the agent’s/broker’s office
of Columbia. GCAAR is the local GCAAR, as the local association, address).
association, and serves members in supports residential REALTORS®
the District and Montgomery For more information visit:
in the District of Columbia and
County. Montgomery County, Maryland by www.gcaar.com or call (301) 590-2000
2010 GCAAR President
Shelly Murray As the State Association, WDCAR’s providing a variety of services www.wdcar.org or call (202) 626-0099
Page 3 THE COMMENTATOR
Successful Mandatory Continuing Education Course Offerings
from the DC Real Estate Commission
15 Hour CE Requirements The three DC Real Estate into the Real Estate Guaranty cannot accommodate ALL
Commission courses were and Education Fund. Per licensees. Nor is that a goal to
Broker & Property Manager successfully held on February DCMR regulation section achieve at any time.
_____________________________________________
17, 2011 at the University of the 2707.1, the Commission may Licensees are encouraged to take
3/1/2011— 2/28/2013 District of Columbia. The three use the Fund to pay that advantage of the educational
mandated courses are Fair
_____________________________________________
proportion of the cost of a opportunities available from our
Fair Housing (3 hrs) Housing, DC Legislative Update program that is equal to the fine continuing education
DC Legislative Update (3 hrs) and Financing Issues/Update. percentage of the program providers throughout the entire
Each of the courses was directly related to establishing or two year cycle. All the course
Financing Issues/Update (3hrs) attended by between 650—700 maintaining an educational categories can be listed by
General Electives (6 hrs) licensees, a terrific turnout by all program to improve the visiting this site with these steps:
accounts. Feedback on the event
_____________________________________________
competency of licensees or https://www.PulsePortal.com
Salesperson and instructors was positive. applicants for licensure.
Program: District of Columbia
9/1/2009— 8/31/2011 One question that was These courses are offered as a Board: Real Estate
repeatedly asked is how is it that way to comply with the
Select “Course Offering Inquiry”
_____________________________________________
Fair Housing (3 hrs) these courses can be offered at regulation and give an
no additional cost to the opportunity for licensees to keep Fill in Dates using Drop Down
DC Legislative Update (3 hrs) licensee? The short answer is current with their continuing Calendar in first two white boxes.
Financing Issues/Update (3hrs) that the courses are paid for education. Even when Select the course category
General Electives (6 hrs) through each licensee’s payment accommodating larger groups of Click “View/Refresh Report”
licensees, the Commission
Continuing Education Offering: Historic Preservation 101 & 201
Historic The DC Preservation League advice on how to navigate integrating historic resources with
Preservation 101 & 201 (DCPL), is pleased to once historic district requirements, new construction.
Tuesday, May 3rd again offer no cost Historic tips on historic preservation Join the DCPL, along with
Preservation Continuing funding and the value of façade speakers from the DC Historic
9:00 am - 12:00 pm Education courses 101 & 201 to easements. The 201 program Preservation Office and the
Gallaudet University run simultaneously on delves into the process of L’Enfant Trust for great courses.
Kellogg Conference Ctr. May 3, 2011. designating historic landmarks
800 Florida Avenue, NE and Historic Districts, Limited Spaces.
Course 101 gives an overview of Registration Required.
Free On-Site Parking hi s t oric pre ser va ti o n i n renovating a historic property,
Earn 3.0 CE hours for Washington, DC, including a navigating the historic To RSVP visit:
either course brief history of the movement, preservation review process and http://bit.ly/eXhpBS
Saving D.C. Homes from Foreclosure Act of 2010
The DC Department of 2010”, requiring mortgage homeowners receive foreclosure the guidance of foreclosure
Insurance, Securities and lenders to go through six months notices. If borrowers choose to mediators, impartial go-betweens
Banking issued a bulletin of mediation with a homeowner opt in, they will enter mediation hired by the agency to preside over
to inform residential before proceeding with a with their lender and have 90 mediation sessions geared to
lenders and mortgage foreclosure. days, in addition to the 30 days facilitate foreclosure alternatives
borrowers of the The bill, signed by then Mayor they had prior to deciding such as loan modifications.
enactment of a new Adrian M. Fenty on November whether to opt in or out, to work The emergency legislation expired
emergency law, “Saving 17, 2010, requires lenders to send out a deal. Mediation allows the on February 15, 2011. The
D.C. Homes from homeowners a form to opt in or borrower and the lender’s permanent version, Bill 18-691, is
Foreclosure Act of out of mediation when the representative to negotiate, with pending.
The District of Columbia Real Estate Commission regulates the licensure of real estate brokers, property managers, and salespersons.
The Commission office is located within the Department of Consumer and Regulatory Affairs, 1100 4th Street, SW, 5th Floor, Washington, DC 20024. (202) 442-4320.
This newsletter and licensee training are funded by licensees through payments made to the D.C. Real Estate Guaranty and Education fund.
Page 4 THE COMMENTATOR
Legal Actions
Robert Healey Private Properties, Inc. Sheila Cross Reid
The respondent’s license was Real Estate Guaranty and By Consent Order, a fine of
revoked due to his Education Fund Payment. $1,000.00 was imposed on the
voluntarily surrendering his The Commission authorized respondent for violation of
license upon a pending pro- a payment from the Real D.C. Official Code Section
ceeding involving allegations Estate Guaranty and 47-2853.193(a)(4) (2001) for
Vincent C Gray, of misconduct in accordance failure to “exercise ordinary
Education Fund. The
Mayor with D.C. Official Code licensee involved in actions care” in a real estate
Section 47-2853.20 (2001). taken by the Commission transaction.
Nicholas A. Majett, was Private Properties, Inc.
Mary Carroll The amount of the payment Lisa Sexton
Director - DCRA was $9,050.00
By final order, a reprimand By consent order, the
Alton Duncanson, was imposed on the Sandra Seestedt Commission imposed a fine
Chairman respondent for violating of $750.00 for violation of
D.C. Official Code Section The Commission impose a DC Official Code Section
www.pearsonvue. 47-2853.186(b) (2001) and fine of $1500.00 for failure 47-2853.02(a) (2001) for
com/dc/realestate 17 DCMR 2717.3 for to report a judgment per operating as a real estate
_____________________________________________ practicing real estate after D.C. Official Code Section salesperson when unlicensed
dcra.dc.gov terminating employment 47-2853.197(27)(2001). and not renewed.
with a licensed broker and
prior to becoming employed
STAFF by another broker and being Marjorie R. Dick Thomas Holman
reissued a salesperson’s
license by the Board. By Consent Order, a fine of By Consent Order, a fine of
Harold Pettigrew, Jr. $2,500.00 was imposed on the
$1,000.00 was imposed on
Administrator respondent for violation of
the respondent for violation
Private Properties, Inc. of 17 DCMR Section 2609.6 D.C. Official Code Section
Clifford Cooks
for permitting the use of her 47-2853.197(10) (2001) and
Program Manager Real Estate Guaranty and name in an advertisement Section 42-1703(a)(l)(B)(iv)
Staci Mason Education Fund Payment. without the telephone (2001) for failure, within a
Program Officer The Commission authorized number of the brokerage reasonable time, to account
a payment from the Real company with whom she is for or to remit any money,
Estate Guaranty and affiliated. valuable document, or other
Leon W. Lewis
Program Liaison, Education Fund. The property coming into his or
Contributing Editor licensee involved in actions her possession which belongs
taken by the Commission Adnan T. Mirza to others. The respondent
Kevin Cyrus was Private Properties, Inc. also violated D.C. Official
Education Liaison, Private Properties, Inc.’s The respondent’s license was Code Section 47-2853.17(a)
Editor license was automatically revoked in violation of D.C. (13) (2001) in that he willfully
suspended by law. The Code Section 47-2853.197(1) practiced real estate with an
Stephanie Johnston amount of the payment was (2001) for substantial unauthorized person in the
Commission Assistant $23,300. mis repres entation and practice of an occupation or
disciplinary action taken in profession.
The claim was paid as a another jurisdiction per D.C.
Kia Winston result of the respondent’s
Legal Counsel Code Section 47-2853.17.
failure to account for funds
belonging to the applicant
Wilfred Usher which were entrusted to its
Chief Investigator care.
Page 5 THE COMMENTATOR
Key Dates and Facts
DCRA Offices 2011 Event Calendar 2011 Meetings Active Licensee Counts
2011 National Association of Commission meetings scheduled (As of February, 2011)
REALTORS® (NAR) for second Tuesday each month.
Midyear Meetings
Department of Washington, DC May 9-14 April 12, 2011
Brokers 2, 540
Consumer and DC Preservation League
May 10, 2011
Historic Preservation 101 & 201
Regulatory Affairs
(DCRA)
Kellogg Conference Hotel at
Gallaudet University. May 3 June 14, 2011 Broker Companies 1, 114
1100 4th St., SW Real Estate Educators July 12, 2011
Association (REEA) Property Managers 344
Washington, DC 20024 Las Vegas, Nevada June 11-15
August— Recess
National Association of Real
At Waterfront-SEU Estate Brokers, Inc (NAREB) September 13, 2011 Salespersons 7, 300
Metro Station on the Annual Conference
Green Line. New Orleans, Louisiana Sept. 5-10 October 11, 2011
Association of Real Estate Law
Officials (ARELLO) November 8, 2011
Annual Conference
Baltimore, Maryland Sept. 28-Oct.1 December 13, 2011
2011 National Association of Dates subject to change. Call
REALTORS® (NAR) 202-442-4320 for the most
Annual Convention updated information.
dcra.dc.gov Anaheim, CA November 11-14
District of Columbia Real Estate Commission
1100 4th Street SW, Suite E500
Washington, DC 20024
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