Newsletters

• Director's Message – Market Research
• Rule Developments Since December 1, 2021
• Kagie's Korner – Earnest Money Receipt
• Staff Spotlight – Regan Nelsen
• Water Rights vs. Water Shares
• 2022 Spring Caravan
• Mortgage Licensing Reinstatement Phase Concludes
• First Quarter Licensing & Disciplinary Actions
• AMC National Registry Reporting and Fees
• Instructor Development Workshop 2022
• Credits

Utah Residential Mortgage Practices and Licensing Act

61-2c-202. Licensure procedures.

• Remove 61-2c-202(1)(c)(ii).  This provision allows the Division to charge an applicant an application fee and the reasonable expenses incurred by the Division in processing the application.  The Division has never charged more than the application fee.

61-2c-203. General qualifications for licensure.

• Remove reference to good moral character in 61-2c-203(1)(b).

61-2c-402. Disciplinary action.

• Allow for a mortgage licensee to have a license revocation vacated after a hearing before the Mortgage Commission.  According to the SAFE Act, an individual to be eligible for a loan originator license, a state must require and find, at a minimum, that an individual:
  1. Has never had a loan originator license revoked in any governmental jurisdiction, except that a formally vacated revocation shall not be deemed a revocation.

Under prior law, the state of Utah did not have a process for a loan originator to have a revocation vacated.

Appraisal Management Company Registration and Regulation Act

61-2e-401. Division authority – Immunity – Transmission of reports to Appraisal Subcommittee

• Remove 61-2e-401(2)(a).  This provision requires a person who is found to have violated this chapter to pay the costs incurred by the Division.  The Division has never charged for the costs incurred by the Division for an investigation.

Real Estate Licensing and Practices Act

61-2f-103. Real Estate Commission.

• Rulemaking authority to designate an acting principal broker in the event a principal broker dies, is incapacitated, or is unable to perform the duties of a principal broker.  Utah does not have a law that addresses what happens to a brokerage or pending transactions when a broker dies, is incapacitated, or is unable to perform the duties of a principal broker.
• Rulemaking authority for giving or paying an inducement gift or a closing gift to a buyer or seller.  There is currently a rule regarding inducement gifts and closing gifts, we wanted to make sure we had explicit rulemaking authority.

61-2f-203. Licensing Requirements.

• Allow a licensee from another state to become licensed in Utah by being required to only take the Utah portion of the pre-license education and pass the Utah portion of the exam.  The former process was unnecessarily complicated and resulted in application delays and frustrations for individuals who are licensed in other states desiring a license in Utah, as well as taking up significant Division staff time.  This will remove red tape and free up staff to deal with other more important duties.

61-2f-204. Licensing fees and procedures – Renewal fees and procedures.

• Remove 61-2f-204(1)(e)(ii).  This provision says that a licensee is immediately and automatically revoked if the criminal background check discloses the applicant fails to accurately disclose certain criminal history.  The Division does not automatically revoke a licensee for failing to disclose criminal history.
• Remove the requirement to complete additional CE to reinstate an expired license.  Renewing late already prohibits a licensee from practicing real estate.  Additional CE seems too punitive.

61-2f-206. Registration of person or branch office.

• In 61-2f-206(4) change person to entity.

61-2f-207. Change of information – Failure to notify.

• Remove 61-2f-207(2).  This provision allows the Division to charge a fee…for processing any notification of change submitted by an applicant, licensee, registrant, or certificate holder.  These changes are for a change in principal broker, principal business location, mailing address, etc.

61-2f-401. Grounds for disciplinary action.

• Update 61-2f-401(2) to state: acting for more than one party in a transaction without the informed written consent of the parties.

61-2f-402. Investigations – Disciplinary actions.

• Remove 61-2f-402(5)(a) and (b).  This provision says that if a licensee is found to have violated this chapter, the person shall pay the costs incurred by the Division.  In addition, if a licensee fails to pay the costs incurred by the Division, their license is suspended.  The Division has never charged a licensee for the costs incurred by the Division for an investigation.  Because we do not charge these costs, there is no reason to suspend a license for failure to pay.

If you have any questions about these statutory changes, please contact the Division for additional information.  We appreciate all those who provided feedback and suggestions that resulted in these changes

To view and comment on any proposed or amended rules during the public comment period, please visit the Utah State Bulletin at https://rules.utah.gov/publications/utah-state-bull/

There are no recently adopted or proposed rule amendments under consideration for the Appraisal Management Company rules.

The Appraiser Board approved the filing of a proposed rule amendment that would: 1) provide an alternative means of obtaining appraisal experience through Practical Application of Real Estate Appraisal, or "PAREA"; 2) make permanent the option of virtual-live education for pre-licensing and continuing education; and 3) provide additional experience possibilities for appraisers including those working in centrally assessed property appraising. The proposed rule amendment is moving through various governmental reviews after which it will be available for public comment.

There are currently no proposed rule amendments under consideration for the Utah Residential Mortgage Practices and Licensing rules.

The Real Estate Commission approved the filing of a proposed rule amendment that would extend the period for completion of continuing education prior to activating an inactive license to two years rather than one year. This proposal would allow greater utilization of continuing education by the activating licensee.

The Real Estate Commission is considering a proposed rule amendment that provides for the designation of an acting principal broker in the event of the death or incapacity of a principal broker and rules addressing the education and testing requirements for a licensee in another state attempting to get licensed in Utah.

The Division is considering proposing an amendment to the Affiliated Title Business rule that would require affiliated title entities to notify the division within 30 days of the date that they terminate their affiliation. This proposed rule would provide notice to the Division that no annual report is required from the entity that is no longer affiliated.

There are no recently adopted or proposed rule amendments under consideration for the Timeshare and Camp Resort Rules.

Who has the greater responsibility in making sure that Earnest Money (EM) is deposited in accordance to the Real Estate Purchase Contract (REPC), the buyer's agent or the seller's agent?  The answer to this question is both.  Real estate licensees representing a client on a transaction have a fiduciary duty to their client to make sure that the buyer's EM has been delivered according to the terms of the REPC and receipted, regardless of who you represent.  If you represent the buyer you are tasked with ensuring that the EM is timely deposited according to the contract and then communicating that information to the seller and/or seller's agent.  If you are the listing agent and you have not received confirmation of EM deposit you should be following up with the buyer's agent for documentation of the successful deposit of EM.

Typically, there are two options with regard to EM.  The buyer can deliver the EM to the buyer or seller's brokerage within four days as indicated in the REPC, or use the Deposit of Earnest Money with Title Insurance Company Addendum  to the REPC and deposit the funds with a title company.

The Deposit of Earnest Money with Title Insurance Company Addendum is a state approved form which means anytime a licensee's client is depositing EM with a title company this addendum MUST be included with the REPC.

Regardless of the option selected, the buyer's agent must determine how to document receipt of the EM.  If the EM is to be held with a brokerage, filling out the first section of the REPC is not confirmation of receipt and does not indicate where the funds are being held.  The details can be outlined in an addendum or if your association offers a confirmation of EM receipt form, the Division encourages the use of that form or a similar substitute document to better protect your client and yourself.

Using the new state approved form or an addendum is the proper way to document receipt of EM held with a title company, and is a clear way to communicate to all parties that earnest monies have been received and where they are being held.

As mentioned earlier, both the buyer's agent and seller's agent have a duty to their clients to make sure the EM has been received.  If the buyer's agent has not provided confirmation that the EM has been delivered, the seller's agent also has a fiduciary duty to their client to follow-up with the buyer's agent and ensure compliance with the REPC.

In the unfortunate and unusual situation where a buyer's earnest money check has been deposited and returned for deficient funds, the buyer's agent should promptly notify their client, and the seller's agent that the EM check has been returned and determine whether an addendum should be prepared to address this issue and attempt to resolve the failure to provide EM funds as originally contracted.  It is essential that the seller's agent be promptly notified of the earnest money deposit breach.

Applicable Administrative Rule:

R162-2f-401c (1) A principal broker shall:

8. (h)
   
   1. except as provided in Subsection (1)(h)(iii), within three business days of receiving a client's money in a real estate transaction, deposit the client's money in trust account:
      
      1. maintained by the principal broker pursuant to Section R162-2f-403; or
      2. if the parties to the transaction agree in writing, maintained by:
         
         1. a title company pursuant to Section 31A-23a-406; or
         2. another authorized escrow entity;

When I was a sales agent, I typically sold properties within Salt Lake City so it was atypical for me to sell a property with water shares and even more rare to sell a home with water rights.  When these transactions did come up, I felt like I didn’t know enough about water shares or water rights to be of great benefit to my clients and was additionally frustrated that I didn’t have access to detailed information that could potentially shed light on the ownership and transfer of water shares or water rights within a transactional timeframe.

I'm currently participating on a "forms committee" where we have been discussing water law in Utah and am excited to report that an upcoming UAR Seller's Property Condition Disclosure will include excellent additions to help navigate information passed from seller to buyer when water shares or water rights are included as part of a transaction.

There's an illuminating blog, utahwaterrights.blogspot.com , on Utah Water Law and Water Rights written by attorney Jeffry Gittins.  He has given me permission to use the graphic below to help illustrate the difference between water rights and water shares in Utah.

Water rights are considered "real property" and would be passed from seller to buyer with a recorded deed or pass automatically with a land purchase. Check with the county recorder to see which type of ownership is appropriate to your transaction and once the transfer is recorded, be sure to file a "report of conveyance" with the Utah Division of Water Rights where a database of water rights is maintained.

Water shares are considered "personal property" and would be transferred from seller to buyer with the canal or irrigation company that manages those shares. There could be fees associated with the maintenance and transfer of these shares so it would be ideal for a listing agent to verify the process of transfer before listing a property so that clear instructions are conveyed to a potential buyer.

It is the responsibility of the seller to inform the listing agent and the potential buyer of any existing water shares or water rights that would be sold or transferred along with the property sale. Oftentimes as a listing agent, you will find that the seller doesn't know the specifics about water shares or water rights, so be sure to have that conversation with your sellers before you list a property. Water transfers could take a great deal longer than a typical 30 day transaction window so be sure to notify all parties of anything that could impact an upcoming closing date.

One of the first complaint cases I was asked to resolve as an investigator at the Division involved a "shared well agreement" between four parties in Southern Utah. Each of the owners owned a water right for the use on their property, but the "shared well agreement" dictated how the water would be diverted from the shared well to each property. One of the four parties decided to sell their property and didn't mention the "shared well agreement" to the listing agent or the new buyer. The new buyer decided he wanted to open an Airbnb on his newly purchased property. As it turned out, the three adjacent property owners didn't want an Airbnb next to them so they declined to amend the shared water agreement and would not allow the new owner water diversion to his property.

Since the listing agent had no way of knowing that there was a "shared well agreement" between the seller and adjacent property owners, other than being notified by the seller, he wasn't held in violation of any division statutes or rules. The resolution of this issue would have been a matter for a civil court judge to decide the outcome, but the new owner chose to sell his property and walk away from the discord that was created by his purchase.

After sharing the above scenario with attorney Gittins, he mentioned that he makes the "shared well agreement" a recordable document so that it is tied to each parcel and that the agreement "runs with the land" and would be picked up by a title search. Genius idea right?! I wouldn't have thought of this recordable solution so if you find that you lack the expertise with water issues, don't hesitate to recommend that your clients consult with a water attorney to help facilitate a seamless and non-regrettable transaction.

Following a two-year COVID-19 necessitated hiatus, the Division CARAVAN education events will resume this spring! Licensees from each of the Real Estate, Appraisal, and *Mortgage professions, are invited to reserve their spot at any of the nine, 3-hour CARAVAN sessions being held throughout the state (*Mortgage licensees will receive 2 hours of credit for attending the full course to fulfill their state specific CE requirement).

Jonathan Stewart, Director of the Division of Real Estate, Kadee Wright Chief Investigator, and Mark Fagergren, Director of Licensing and Education will discuss current issues and hot topics facing the real estate, mortgage, and appraisal industries. They will also be available to answer any questions or address concerns you may have as a licensee.

These events are FREE, however limited capacity necessitates a first come, first served electronic reservation system to save your seat. If for any reason you can not attend, please be courteous and promptly cancel your registration for the CARAVAN session.

Reservations will only be held until ten minutes prior to the scheduled start time for each session. Ten minutes prior to each scheduled start time, reservations will be released and any remaining seating will then be made available to any stand-by licensees. Stand by seating is NOT guaranteed. The following dates and locations for these events are posted below:

Vernal
April 12, 2022
9:00am – 12:00pm
Springhill Suites Marriott
1205 W Highway 40

Provo
April 14, 2022
9:00am – 12:00pm
Utah Valley Convention Center
220 W Center St

Layton
April 26, 2022
9:00am – 12:00pm
Davis Conference Center
1651 N 700 W

Park City
Canceled

Moab
May 10, 2022
9:00am – 12:00pm
The Grand Center
182 N 500 W

Richfield
May 11, 2022
9:00am – 12:00pm
Snow College
800 W 200 S

Cedar City
May 12, 2022
9:00am – 12:00pm
Courtyard by Marriott
1294 S Interstate Drive

St George
May 13, 2022
9:00am – 12:00pm
Dixie State University
Browning Learning Center Dunford Auditorium
225 S 700 E

Logan
June 6th, 2022
1:00 pm - 4:00 pm
Bridgerland Technical College - Logan Campus
1301 N 600 W

The 2022 reinstatement period for mortgage licensees ended on February 28, 2022.  Of the 11,010 mortgage licenses eligible for renewal, a total of 9,602 licenses were renewed for the 2022 year.  Of that total, 8,334 were individual licenses (MLOs & PLMs), 817 were entity licenses, and 451 branch licenses.

Any individual who failed to reinstate their license by February 28th, 2022, or allowed their license to expire on December 31st, 2021, must now complete the following requirements by December 31, 2022 to obtain a new license.

1. Complete the 10 hour Late CE requirement for 2021 (Federal 8 hours and Utah 2 hours), if needed.
2. Reapply for a new license and pay all licensing fees through the NMLS.

(Individuals with a license expiration date exceeding 1 year should contact the division to determine any additional requirements to be completed in order to obtain a new license.)

Expired entities and branches may reapply for a license by requesting a new license directly through the NMLS.

Please note that Utah law allows 30 days for appeal of an order. Some of the actions below might be subject to this appeal right or currently under appeal.

To view a copy of an order referenced in this article please visit the Utah Division of Real Estate Disciplinary Actions Search at: http://52.39.65.14/licensing-and-disciplinary-actions/

VISSER, YVETTE, certified residential appraiser, Sandy, Utah.  In a stipulated order dated January 26, 2022, Ms. Visser admitted that she did not correctly employ recognized methods and techniques necessary to produce a credible appraisal and that she made a series of errors that although individually might not significantly affect the results of the appraisal, in the aggregate, these errors affect the credibility of her results.  These actions resulted from an appraisal of a property for which relevant data available for use in the paired sales analysis was limited with no justifiable market reaction for a number of the features of the subject property.  Ms. Visser's actions violate USPAP standards.  She agreed to pay a civil penalty of $2,000 and to complete three hours of continuing education in addition to the continuing education required for her next license renewal.  Case number AP-17-96612 and Docket No. AP-2021-001

PEOPLES MORTGAGE COMPANY, mortgage entity, Murray, Utah.  In a stipulated order dated February 2, 2022, Peoples Mortgage Company (Peoples Mortgage) admitted that it offered a referral promotion to past clients and borrowers in which Peoples Mortgage would provide a $500 gift card each time the client or borrower referred a new client to Peoples Mortgage and the person referred closed on a mortgage loan.  These types of payments for new business is a violation of Utah law.  Peoples Mortgage agreed to pay a civil penalty of $5,000.  Case number MG-18-98370

ALVORD, ROBERT M., sales agent, Bountiful, Utah. In an order dated December 7, 2021, Mr. Alvord's license was reinstated and placed on probation for the renewal period due to a plea in abeyance agreement in a criminal matter during the past licensing period. Case number RE-21-131470

BALLSTAEDT, SMITH TAYLOR, principal broker, Sandy, Utah. In a stipulated order dated December 15, 2021, Mr. Ballstaedt admitted that he represented a buyer in the purchase of a property without first entering into a written agency agreement with the buyer. With regard to another property, he advertised the property at a price lower than his client, the seller, had authorized and continued advertising the property for sale after the listing agreement expired. These actions are violations of Utah law and administrative rules. Mr. Ballsteadt agreed to pay a civil penalty of $3,000 and to complete six hours of continuing education in addition to the continuing education required for his next license renewal. Case number RE-17-95134 and Docket No. RE-2021-012

CANNON, ANDREA, sales agent, Riverton, Utah. In a stipulated order dated December 15, 2021, Ms. Cannon admitted that she continued to represent clients in numerous transactions at times when her real estate license was inactive or expired, in violation of Utah law. Ms. Cannon agreed to pay a civil penalty of $5,000 and to complete three hours of continuing education in addition to the continuing education required for her next license renewal. Case number RE-17-95866 and Docket No. RE-2021-013

DE MARCO, COREY, sales agent, Park City, Utah. In an order dated February 9, 2022, Mr. De Marco's license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-22-132737

EHLERS, A. BRET, sales agent, Salt Lake City, Utah. In a stipulated order dated February 16, 2022, Mr. Ehlers admitted that he placed an advertisement identifying a property for sale. Mr. Ehlers's advertisement was misleading in that it implied a home was offered for sale "by owner" at a specific list price when he was actually attempting to solicit customers for a financial restoration business he operates. The property address used in the advertisement is actually the address for a United States Post Office. Advertising a property in a false, misleading, or deceptive manner is a violation of Utah law. Mr. Ehlers agreed to pay a civil penalty of $500 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal. Case number RE-20-120057

GOSAIN, ANTONIO A., sales agent, Provo, Utah. In an order dated December 23, 2021, Mr. Gosain's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-21-131835

HUNTER, CHRISTOPHER, sales agent, Heber City, Utah. In an order dated January 25, 2022, Mr. Hunter's license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-22-132390

KNAPP, APRIL S., sales agent, Clinton, Utah. On December 14, 2021, the Division issued a citation to Ms. Knapp for advertising her real estate services without clearly identifying her affiliated brokerage. The citation assessed a fine in the amount of $150. Citation # DREC-21-9, Case number RE-21-129489

LUCAS, LIBERTI, sales agent, Providence, Utah. In an order dated December 23, 2021, Ms. Lucas's license was granted and placed on probation for the initial licensing period due to a plea in abeyance agreement in a criminal matter. Case number RE-21-131834

MAC GILLIVRAY, DUSTIN JOHN, sales agent, Vineyard, Utah. In an order dated February 4, 2022, Mr. Mac Gillivray's license was granted and placed on probation due to outstanding tax liens. His license will remain on probation until he has either satisfied the tax liens or has made regular and substantial payments on the liens pursuant to a payment plan. Case number RE-22-132608

MCINTOSH, DARRICK THOMAS, sales agent, Tremonton, Utah. In an order dated January 28, 2022, Mr. McIntosh's license was granted and placed on probation for the initial licensing period due to a plea in abeyance agreement in a criminal matter. Case number RE-22-132455

MEYER, DEBORAH A., sales agent, Murray, Utah. On December 14, 2021, the Division issued a citation to Ms. Meyer for advertising her real estate services on a website without clearly identifying her affiliated brokerage. The citation assessed a fine in the amount of $150. Citation # DREC-21-11, Case number RE-21-129202

MONTAGUE, KATHY A., sales agent, Draper, Utah. In an order dated December 7, 2021, Ms. Montague's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-21-131390

MORSE, GLEN, sales agent, West Valley City, Utah. In a stipulated order dated January 19, 2022, Mr. Morse admitted that he obtained only the husband's signature on a listing agreement despite knowing that the seller's wife was co-owner of the property. The property went under contract without the wife signing the purchase contract. When she learned of the pending sale of the property, the wife refused to sign either the listing agreement or the purchase contract. The sale failed and the buyer sued. Mr. Morse admitted that his actions are violations of Utah administrative rules. Mr. Morse agreed to pay a civil penalty of $3,000 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal. Case number RE-18-97047

MUSICK, CHARLES I., sales agent, Sandy, Utah. On December 14, 2021 the Division issued a citation to Mr. Musick for advertising his real estate services on a website without clearly identifying his affiliated brokerage. The citation assessed a fine in the amount of $150. Citation # DREC-21-12, Case number RE-21-129201

NASH, ADAM S., principal broker, Salt Lake City, Utah. In a stipulated order dated December 15, 2021, Mr. Nash acknowledges that he was the proposed developer of property in Salt Lake City. The Planning Commission required as one of the conditions for approval of the development that the developer provide proof of access to one of the lots in the development. Mr. Nash prepared and sent an unsigned easement to the adjoining property owner with a check for the easement. The adjacent owners did not sign the easement or cash the check. Mr. Nash later submitted a notarized easement bearing electronic signatures of the adjacent property owners to the Planning Commission. He admits that he prepared the easement document with electronic signatures of the owners and copied and pasted the Notary Public's stamp and certification onto the sample easement. The adjacent property owners did not agree to, nor did they sign the easement. Subsequently, Mr. Nash submitted an alternative plan which provided a different access to the lot. The actions of Mr. Nash are violations of Utah law. Mr. Nash agreed to the suspension of his license for 180 days, to pay a civil penalty of $15,000, and to complete six hours of continuing education in addition to the continuing education required for his next license renewal. Case number RE-17-93682 and Docket No. RE-2021-009

RIVERA, JOSEP, sales agent, Sandy, Utah. In an order dated February 18, 2022, Mr. Rivera's license was granted and placed on probation for the initial licensing period due to criminal history and due to a child support lien. The probation period will remain in place for the initial licensing period and until Mr. Rivera provides evidence of regular and substantial payments to significantly reduce the amount of the lien. Case number RE-22-132948

RIVERA, KAYLI, sales agent, Ogden, Utah. In an order dated December 2, 2021, Ms. Rivera's license was renewed and placed on probation for one year due to criminal conduct during the past licensing period. Case number RE-21-131392

ROBBINS, JACKSON, sales agent, West Valley City, Utah. In an order dated December 2, 2021, Mr. Robbins's license was granted and placed on probation for the initial licensing period due to a plea in abeyance agreement in a criminal matter. Case number RE-21-131375

ROBERTS, JANET, principal broker, Price, Utah. In a stipulated order dated January 19, 2022, Ms. Roberts acknowledges that she listed a property for sale. Subsequent inspections and appraisals revealed mold in the attic and crawl space. Ms. Roberts insisted to her client that mold remediation was necessary to market the property without significantly reducing the value. Ms. Roberts drafted an addendum that provided for Seller to remediate the mold. Several remediation bids were solicited but Seller declined to accept any bid for remediation. Eventually, the property went under contract. Buyers wanted seller to remediate the mold, add ventilation to the attic, and provide a report evidencing completion of the work. Buyers signed this addendum but Seller did not sign. Ms. Roberts authorized the remediation without Seller's authorization. The transaction eventually closed. Ms. Roberts admits that her actions and practices in this transaction are in violation of Utah law and administrative rules. She agreed to pay a civil penalty of $2,000 and to complete three hours of continuing education in addition to the continuing education required for her next license renewal. Case number RE-21-125439

RUSSELL, GUY, sales agent, Sunset, Utah. In an order dated January 24, 2022, Mr. Russell's license was reinstated and placed on probation for the renewal period due to a child support lien. The probation period will terminate when Mr. Russell provides evidence of regular and substantial payments to significantly reduce the amount of the lien. Case number RE-22-131953

SCHLEINGER, AMANDA, sales agent, Pleasant View, Utah. In a stipulated order dated February 16, 2022, Ms. Schleinger admitted that she continued to represent clients in numerous transactions at times when her real estate license was inactive or expired. In addition, she operated a real estate team from a branch office without registering the office with the Division and advertised her real estate team without identifying the name of her affiliated brokerage. These actions are in violation of Utah law. Ms. Schleinger agreed to pay a civil penalty of $8,000 and to complete six hours of continuing education in addition to the continuing education required for her next license renewal. Case numbers RE-18-101739 and RE-18-103034

SERRANO, AURORA HUERTA, St. George, Utah. On September 14, 2021, the Division issued a citation to Ms. Serrano for advertising her real estate services on social media without clearly identifying her affiliated brokerage. The citation assessed a fine in the amount of $150. Citation # DREC-21-7, Case number RE-21-127013

SINE, BROCK, sales agent, Salt Lake City, Utah. In an order dated February 11, 2022, Mr. Sine's license was granted and placed on probation for one year due to a plea in abeyance agreement in a criminal matter. Case number RE-22-132781

SMITH, MADISON, sales agent, St. George, Utah. On December 14, 2021, the Division issued a citation to Ms. Smith for advertising her real estate services on social media without clearly identifying her affiliated brokerage. The citation assessed a fine in the amount of $150. Citation # DREC-21-10, Case number RE-21-128244

STEWART, KELLY C., sales agent, Clearfield, Utah. On January 19, 2022, the Division issued a citation to Mr. Stewart for advertising an open house. The advertisement identified a marketing entity that was not registered with the Division and the advertisement did not identify Mr. Stewart's affiliated brokerage. The citation assessed a fine in the amount of $1,000. Citation # DREC-22-2, Case number RE-21-130429

TRUJILLO, JHON, sales agent, West Valley City, Utah. In an order dated January 28, 2022, Mr. Trujillo's license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-22-132452

WILSTERMAN, KIMBERLY DEE, sales agent, Hurricane, Utah. In an order dated February 11, 2022, Ms. Wilsterman's license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-22-132761

YOUNG, AARON JOSEPH, sales agent, South Jordan, Utah. In an order dated December 30, 2021, Mr. Young's license was renewed and placed on probation for the renewal period due to a plea in abeyance agreement in a criminal matter. Case number RE-21-131916

YOUNG AARON, sales agent, South Jordan, Utah. In a stipulated order dated January 19, 2022, Mr. Young admitted that he had engaged in actions and conduct that violated Utah administrative rules. In December 2019, a woman called police and reported that she thought someone was trying to break into her home. A security camera showed Mr. Young checking the windows and attempting to open a window. He then entered the home through a door and walked around spending several minutes in the home. The resident was in an upstairs bedroom on the phone with police dispatch. When the police arrived, Mr. Young had departed but was located by the police a short distance away. Mr. Young was charged with criminal trespass and entered into a plea in abeyance agreement with regard to the charge. He completed the terms of the plea agreement and the charge was dismissed October 11, 2021. Mr. Young agreed that his license be suspended for one year and placed on probation for two years following the suspension. He also agreed to pay a civil penalty of $5,000, and to complete three hours of continuing education in addition to the continuing education required for his next license renewal. Case number RE-20-118533

LAMBERT, DEBORAH ANN, timeshare salesperson, Sandy, Utah. In a stipulated order dated February 28, 2022, Ms. Lambert admitted that in her initial application for registration as a timeshare salesperson on November 17, 2017, she did not disclose a disciplinary action pending against her at the time by the Division of Consumer Protection (DCP). By failing to make this required disclosure, Ms. Lambert's application for registration contained untrue or misleading information. The DCP action assessed a fine. When Ms. Lambert applied for renewal of her salesperson registration in November 2021, the fine remained unpaid. In this stipulated settlement, Ms. Lambert agreed to pay the fine to DCP and that her registration be suspended for 90 days. Case number TS-21-131078

The Appraisal Management Company ("AMC") National Registry is a database maintained by the Appraisal Subcommittee ("ASC") containing certain information about state-licensed or registered AMCs and federally regulated AMCs as mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act.

In early January and again in mid-March the Division contacted every AMC registered in Utah informing them of their responsibility to submit an annual AMC report, and pay the associated fees.  If you are currently registered as an AMC in Utah, please make certain that your contact information is current, so that all communications will be received. The AMC Annual National Registry Reporting form has been distributed and is also currently available here .

The reporting process includes determining if a company meets the federal definition of an appraisal management company and if so, paying the established fee as follows:

• In the case of an AMC that has been in existence for more than a year, $25 multiplied by the number of appraisers who have performed an appraisal for the appraisal management company in connection with a covered transaction  in Utah during the previous calendar year.
• In the case of an AMC that has not been in existence for more than a year, $25 multiplied by the number of appraisers who have performed an appraisal for the AMC in connection with a covered transaction  in Utah from the date the AMC commenced doing business through 12/31/2021.

Each AMC registered in Utah is required to complete the AMC Annual National Registry Reporting form and return it to the Division with the determined fees by May 31, 2022.  Those that meet the requirements will become effective on the AMC National Registry from July 1, 2022 through June 30, 2023, so long as their Utah AMC registration is active.

If your company holds a Utah AMC license, please complete and submit your AMC National Registry Reporting form .

Tuesday & Wednesday
October 25th & 26th

IDW will be held in Salt Lake City this year, with location and additional details to come!