Newsletters

• Director's Message
• Rule Developments
• New Real Estate License Management System
• Staff Spotlight
• AARO Recap
• ARELLO Recap
• Affiliated Business in Title Insurance
• Kagie's Korner
• Mortgage Renewals
• Mentorship Program Announcement
• Written Buyer Agreements
• Licensing & Disciplinary Actions

To view and comment on any proposed or amended rules during the public comment period, please visit the Utah State Bulletin at http://www.rules.utah.gov/publications/bulletin.htm   

Appraisal Management Company Rules

There are no proposed rule amendments under consideration for the AMC Rules at this time. 

Appraisal

The Division recently filed a proposed rule amendment of the Real Estate Appraiser Licensing and Certification Administrative Rules.  The proposed amendment was approved for filing by the Utah Real Estate Appraiser Licensing and Certification Board and is proceeding through the review process with the Office of Administrative Rules.  Before the proposed rule may become effective, there will be a public comment period during which any interested person may comment on the proposed rule.  

The primary focus of the proposed rule amendment is to incorporate a requirement that an appraiser complete the Valuation Bias and Fair Housing Laws and Regulations Course. Completion of this course is a new requirement established by the Appraisal Foundation.  It requires trainees, licensees, and certified appraisers to complete the seven-hour course, plus a one-hour exam.  Following completion of the course for the first time, each appraiser and trainee must complete a similar four-hour course every two years to retain trainee status or an appraiser credential.

In addition to the Valuation Bias and Fair Housing Laws and Regulations Course, the proposed rule amendment incorporates the updated January 1, 2024 version of the Uniform Standards of Professional Appraisal Practice (USPAP) and increases the maximum valuation of a complex one-to-four residential property that a licensed appraiser may appraise from $250,000 to $400,000.

Mortgage

There are no proposed rule amendments under consideration for the Utah Residential Mortgage Practicing and Licensing Rules. 

Real Estate

The Real Estate Commission formed the Commercial Transaction Committee to consider possible rule amendments.    If this committee presents a recommendation to the Real Estate Commission for changes to the administrative rules, the Commission, with the concurrence of the Division, will determine whether to begin the rule amendment process.

The Real Estate Commission also formed the Buyer Agreements Committee to consider possible rule amendments. If this committee presents a recommendation to the Real Estate Commission for changes to the administrative rules, the Commission, with the concurrence of the Division, will determine whether to begin the rule amendment process.

Timeshare and Camp Resort

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

Since June 2024, the Utah Division of Real Estate has been transitioning to a new license management system to replace “RELMS” (Real Estate License Management System).  We will be fully transitioned to the new license management system,  “My License One”/”ML1”, by early January 2025, and RELMS will no longer be available.  While the transition to this new system may present initial challenges, it will ultimately streamline account management for our licensees, providing a clearer and more organized experience. 

To access the new system, all licensees will be required to set up a UtahID Account. UtahID is a secure, single sign-on platform that allows you to access various Utah state government services online with one account. This new Utah ID account needs to be set up with the SAME EMAIL ADDRESS as the one on file with the Division of Real Estate for your license.  If the email addresses do not match, there will be complications linking your license to your dashboard. Be sure to update your records with the Division to ensure we have the correct email address on file. 

Here's how to set up your UtahID Account in two steps:

Step 1: Create a UtahID Account

1. Go to the UtahID website: https://idhelp.utah.gov/
2. Click on "Account Creation."
3. Follow the on-screen instructions to create your username/email and password.

Step 2: Link your UtahID to your License

1. Log out of the UtahID website.
2. Go to the Online Management System: https://utahdoc.mylicenseone.com/
3. Log in using your new UtahID username/email and password.
4. Locate the "Existing License/Registration Holders" section.

• Your license may already be listed.
• If not, enter your license number to find it.

1. Follow any further instructions to link your license.

Need help? If you encounter any issues linking your account, please email realestate@utah.gov with your license information, and we'll be happy to assist you. Additionally, find the most up-to-date information and resources to navigate this change seamlessly on our website:

https://realestate.utah.gov/real-estate/licensing/

Say hello to Chris Martindale! Chris grew up in Park City, Utah, and has been a lifelong resident of this great state, where he had the privilege of attending school from kindergarten through his high school graduation in Park City. He witnessed the city grow from a virtual ghost town into the tourist-driven city it is today.

Chris has been with the Division since June 2016, when he started as an investigator. Now, he serves as the Enforcement Manager over Real Estate. Before joining the Division, Chris earned a degree in Surgical Technology and then switched career paths to the world of Private Investigations. He owned his own investigation agency for 8 years and has worked in investigations for 17 years. Throughout the years, Chris has shared his passion for investigations by employing and training other investigators who are still currently active with operational agencies. He has also been able to work with many of the top investigative agencies in the state and several other agencies around the country, including the Federal Bureau of Investigation!

Outside of his professional life, Chris is the proud father of one son and five daughters. He has one granddaughter and another grandchild on the way! Chris said, "These little people are the joy of my life!"

Another interesting fact about Chris is that he has also worked in the film industry as a director and producer at a local TV station in Park City. He hosted an evening show for two years and was a weatherman on the morning show! He was also involved in several movies and TV shows filmed in Utah that you may have heard of, such as Independence Day, Dumb and Dumber, and Touched by an Angel. Although Chris is no longer active in the film or TV industry, he maintains a YouTube channel highlighting his love for guitars, guitar playing, and music. He even records his own music in his home studio when time allows. He is primarily considered as the world's okayest guitar player.

However, the best moments of his life are still those spent with family and loved ones. You'll often find him cooking fantastic food on his smoker or grill for them; according to him, he makes the best-smoked ribs and beef jerky ever. 

Chris has been a great asset to the Division of Real Estate. If you ask him, "The Utah Division of Real Estate has brought so many good things to my life and career. The challenges of learning the real estate industry have been very rewarding. I feel a great sense of purpose in protecting the public and bringing education to licensees in the State of Utah."

Congratulations to Justin Barney, Division Hearing Officer and Records Manager, who has been nominated and approved to serve as the Vice President of the Association of Appraiser Regulatory Officials (AARO) starting January 1, 2025. We are extremely proud of him and excited for his new role!

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Division staff recently traveled to Boston, Massachusetts, to attend the AARO Fall conference. Below are insights shared at the conference.

The Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) continue to emphasize appraisal quality and a greater emphasis on appraiser accountability.

Freddie Mac reported the following inconsistencies frequently found within appraisals:

A comparison of Nationwide appraisals year-over-year (2018-2024) shows an upward movement in sale prices yet the percentage of time adjustments seen within these appraisal reports remains low.  Time adjustments relative to the number of comparable sales used 90 days or older reflect similar neglect in time adjustments.

“If an appraiser uses data concerning transactions made at an earlier time, or at various times in the past, they must adjust the figures to reflect current price levels.” - Freddie Mac

GLA (Gross Living Area) adjustments have been consistently made on a very high percentage of appraisals over the past seven years (2018-2024). However, the overall adjustment rate remains consistently low in each state.  

Tools & technology can help develop adjustment support, help see patterns in data, improve accuracy, and streamline workflow.

Fannie Mae reports a continuing issue with improbable distances.  Appraisers certifying personal inspection within reports that reflect improbable distances is a continuing issue.  When appraisers fail to disclose professional assistance, such as a personal inspection by another appraiser or a trainee: 

• It violates the Selling Guide and USPAP.
• It undermines the credibility of the appraiser’s work by questioning their integrity and commitment to professional ethics.
• It also limits new entrants into the appraiser profession by not giving assistants and trainees credit for the work they have completed.

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Freddie Mac reiterated that property data collector qualifications have evolved per Seller Servicing Guide section 5603.6

Freddie Mac notes that the Seller (an institution that is approved to sell mortgages to Freddie Mac) or its authorized third party is responsible for the accuracy and reliability of the PDR (Property Data Report) and of any data provided by the property data collector to the appraiser.  The Seller, or its authorized third party, must have in place policies or procedures that: 

• Require periodic criminal background checks
• Complete comprehensive training of data collectors
• Require Customer Service Standard Code of Conduct
• Monitor Property Data Collector Performance
• A Process to Provide Additional Education and Training (new UPD)

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The Appraisal Foundation’s Voluntary Disciplinary Action Matrix was updated on August 19, 2024, to reflect the 2024 USPAP. 

Link to:  https://appraisalfoundation.sharefile.com/public/share/web-s94408ed2d6e448bd8b3abd070c36e4e8

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Bradley Swinney of the Appraiser Qualifications Board (AQB) discussed continual reconsideration of the criteria for qualifications for the appraisal profession.  On May 28, 2024, the AQB published a concept paper that highlighted a need for reassessment, considering alternative pathways, and emphasized the importance of aligning qualifications with technological advancements and market demands.  The work plan for the project will continue with three planned phases.  First, to re-evaluate college requirements; second, to explore alternative experience options; and lastly, to re-assess National Exams.

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National Uniform Licensing and Certification Exams

Based on numbers through August 2024:

• The pass rate for Certified General (CG) and Certified Residential (CR) applicants has stayed relatively the same, within a few percentage points.
• The pass rate for Licensed Residential (LR) has continued to climb throughout the year.
• The number of first-time test takers has decreased overall for LR and CR.

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The AQB has several Approved Degrees in Real Estate

As of September 2024, the AQB has approved 31 undergraduate, 17 graduate, and 1 associate real estate degree programs. Any institution interested in providing an approved degree program can apply free of charge to the AQB.  

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The Division of Real Estate has completed an audit review of all known affiliated title agencies. The audits consisted of a desktop and in-person review at the agency's office of record.

• Affiliated business means the gross transaction revenue of a title entity’s title insurance business in the state that is the result of an affiliated business arrangement.
• Affiliated business arrangement means the same as that term is defined in 12 U.S.C. Sec. 2602, except the services that are the subject of the arrangement do not need to involve a federally related mortgage loan.

See Utah Code § 31A-23a-1001

The Real Estate Settlement Procedures Act (RESPA) prohibits payment of referral fees, unearned fees, or kickbacks, as well as splitting or sharing of fees or charges made or received for providing real estate settlement services. However, there is an exception in RESPA for affiliated business arrangements if certain conditions are met:

• Disclosure is made of the existence of such an arrangement to the person being referred; 
• The affiliated agency may not require a person to use their settlement services; and 
• The only thing of value received from the arrangement is the amount of ownership. 

In accordance with Utah Code § 31A-23a-1003(1) an affiliated business arrangement between a person and a title entity violates Section 8 of RESPA for purposes of state law if:

• More than 70% of the title entity's annual title insurance business is affiliated on or after the later of: two years after a title entity begins an affiliated business arrangement, or June 1, 2021. 
• Sufficient capital and net worth: $100,000 in a reserve account, in the title entity’s name. 
• In addition, Utah law requires the affiliated business entity to staff their own employees, have a physical office space separate from the affiliated business entity, and pay a fair market rent for their office space. 
• Furthermore, the affiliated business must perform the essential functions of title business itself, and where the person referring business to the affiliated title entity also refers business to other title entities. 

Utah Code § 61-2f-401(25) requires timely disclosure to a buyer or seller of an affiliated business arrangement. A copy of the disclosures must be maintained in the title agency file.

The audit review revealed violations of the above-mentioned statutory requirements. The Division addressed these violations through education and correction. Affiliated title agencies with over 70% affiliated business were placed on a Corrective Action Plan to ensure compliance by year's end.

As a reminder, all affiliated title entities must file an Annual Affiliated Business Report with the Division by March 1 of each calendar year.   

The Annual Affiliated Business Report must include:

• Name and address of any producer or associate that owns a financial interest in the affiliated title entity.
• For each producer and associate, a list of the percentage of the title entity’s affiliated business that is a result of an affiliated business arrangement.
• A description of any affiliated business arrangement the affiliated title entity has with a person other than a producer or associate identified.
• For the preceding calendar year, the percentage of the new or newly affiliated title entity's annual title insurance business that is affiliated business.
• Proof of Sufficient Capital and Net Worth (a bank statement dated as of the prior December).

The Annual Affiliated Business Report form and frequently asked questions are available on the Division’s website at https://realestate.utah.gov/affiliated-title/.

A list of agencies with Affiliated Business in Title Insurance can be found on the Division’s website https://realestate.utah.gov/affiliated-title/current-affiliated-businesses/. 

Any Annual Affiliated Business Report and supporting bank statements can be emailed to the Division at realestate@utah.gov. 

May I Use Multiple Licenses in a single transaction? 

The Division’s investigative staff continues to receive inquiries about whether a mortgage or real estate licensee may use multiple licenses in the same transaction. The quick answer is, no.

A mortgage or real estate licensee who also holds another license is restricted from using more than one license in a transaction. The confusion concerns the December 15, 2022, U.S. Department of Housing and Urban Development Mortgage Letter, 2022-22. This HUD letter prohibits multiple roles or sources of compensation, either directly or indirectly, earned by a spouse, domestic partner or other family member or compensation resulting from an ownership interest in any other business, resulting from the same transaction. The HUD letter further states that licensees shall not violate State Statutes or Administrative Rules, which prohibit the use of multiple licenses in the same transaction.

The Division would like to remind licensees of the following Utah Statute and Administrative Rule that prohibits wearing multiple hats in a transaction.

Utah Residential Mortgage Practices and Licensing Act

61-2c-301 Prohibited conduct -- Violations of the chapter.

(1) A person, when transacting the business of residential mortgage loans in this state, may not:

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(i) engage in the business of residential mortgage loans with respect to the transaction if the person also acts in any of the following capacities with respect to the same residential mortgage loan transaction:

(i) appraiser;

(ii) escrow agent;

(iii) real estate agent;

(iv) general contractor; or

(v) title insurance producer;

Utah Real Estate Licensing and Practices Act Administrative Rule

R162-2f-401b. Prohibited Conduct As Applicable to Licensed Individuals.

(1) An individual licensee may not:

****

(n) act as a real estate agent or broker in the same transaction in which the licensee also acts as a:

(i) mortgage loan originator, associate lending manager, or principal lending manager;

(ii) appraiser or appraiser trainee;

(iii) escrow agent; or

(iv) provider of title services;

The Division is aware of other industry articles from national publications that indicate licensees may wear multiple hats in a transaction. If you read those articles to the end, they state that licensees should not violate local State Statutes or Administrative Rules regarding using multiple licenses in a transaction.

Remember, if you violate Utah law by using two licenses in a single transaction, you may incur a sanction against each license.  The fine is generally up to $5,000 per violation. However, for a violation against a vulnerable adult, including a person over the age of sixty-five, the fine may be as much as $10,000 per violation.

A quick note to Principal Brokers and Principal Lending Managers: Please remember that an affiliated licensee with either your broker license or your lending manager license may not originate the loan and also represent the buyer or seller in the same transaction. 

If in doubt about using multiple licenses in a transaction, the Division recommends that you familiarize yourself with these limitations and restrictions. If applicable, you should also talk to your Principal Broker or Principal Lending Manager for clarification.

The renewal period for mortgage licensing began on November 1, 2024, and ended on December 31, 2024. This year, Utah still requires the 1-hour Utah-law-specific course for licensees. In addition to the 1-hour  Utah Law Course, mortgage loan originators (MLOs) licensed between November 1, 2023, and  October 31, 2024, are required to complete the 5-hour Utah Post License Course before they may renew their MLO license for 2025. The 1-hour Utah Law Course and the 5-hour Utah Post License Course (if required) are in addition to the 8 hours of Federal Continuing Education, which is required nationally for all renewing individual mortgage licensees. Both the Utah 1-hour Utah Law Course and the 5-hour Utah Post License Course are tracked through the Nationwide Multistate Licensing System (NMLS).  

The 2024 renewal period has been a smooth process without major complications or issues. The Division’s long-standing Mortgage Education Coordinator, Lark Martinez, left the Division in August of 2024, and all mortgage licensing activity has been taken over, spectacularly, by Mortgage Licensing Specialist Mike Page.  Mike has graciously taken on all mortgage licensing duties at the Division until we can fill Lark’s position. 

At the start of the renewal period on November 1, there were 9,085 licenses eligible to renew for 2025. Division staff received customary questions from the industry through e-mails, phone calls, and live chats regarding Utah-specific renewal requirements. At the time of this writing, 49% of all licensees have requested renewal, with 90% of requests being approved. As of this date, 492 applicants have not yet had their application for renewal approved, and 4,606 have not yet requested renewal.  

Licensees approved for renewal will receive a confirmation e-mail from the NMLS stating that their renewal has been approved. You should also receive an e-mail from the Division of Real Estate with your mortgage license attached. You can then print a copy for your records if you so wish. Licensees wanting to know the status of their license can log into their NMLS profile for an updated status or log into the NMLS Consumer Access section and verify their status that way.  

If you have not received an e-mail confirmation through the NMLS system that your license renewal is approved and it has been more than two weeks since you requested your renewal, please log into your NMLS account to see if there are deficiencies or requirements  (license items) that are holding up the renewal. Please check your NMLS account in the  following manner:  

• Log into your NMLS account 
• Click the “composite view” tab at the top of the screen 
• Click  the “View individual” link from the submenu at the top of the screen, 
• Click the “view license/registration list” link on the left navigation panel and then select your Utah license. The license status will then display, 
• Click on the hyperlinked number under the “License Items”  column to view the license item information screen. Item details will display under the “Active License Items” section. License items indicate that corrections or additions are required in your NMLS account

Generally, for individual licensees, these items are to complete continuing education requirements or a request to update your employment history, both of which can be taken care of fairly easily. For entity licensees, the license item is predominately a request for an updated Certificate of Existence that needs to be uploaded to the entity’s MU1 filing under the Certificate of Authority/Good  Standing option. Other reasons for a license item could be failing to provide required documentation or failure to respond to a request from the Division. If you need help updating your NMLS record, please contact the NMLS Call Center at (855)-665-7123.  

If you requested renewal prior to the December 31, 2024 deadline, and you have NO license item requirements, you may continue to use your license according to your license status as of the day you requested your renewal in the NMLS while we review your application. If you failed to request renewal before the end of the year or failed to complete license item requirements,  you should immediately discontinue any mortgage loan origination activity until your renewal has been approved by the Division.  

The Division offers a reinstatement period for individuals who fail to complete their annual attestation and request a renewal by December 31, 2024. This period begins January 1, 2025,  and runs through the end of February 2025.  

You will need to complete all continuing education requirements (the 8-hour 2024 Late Continuing Education for federal, the 2024 late Continuing Education 1-hour Utah Law Course, and the 5-hour UtahPost License course (if required)), request your renewal through the NMLS, and pay the renewal fee and a $50 late fee. If you completed your continuing education before the end of the year but did not request a renewal, you will not need additional continuing education; you will only need to request renewal and pay the renewal fee and late fee through the NMLS prior to February 28, 2025. Please visit the NMLS renewal resource center using the link below for more information on requesting a late renewal.  

https://mortgage.nationwidelicensingsystem.org/slr/common/renewals/Pages/default.aspx 

Please note the importance of the February deadline. After that date, licensees who wish to reapply for a Utah mortgage license must meet all requirements for a new license. If you have questions, please contact the Utah Division of Real Estate at (801) 530-6747. For help navigating the NMLS website, please contact the NMLS Call Center at (855)-665-7123.

The Appraisal Subcommittee, a federal body that oversees state appraisal/appraisal management company regulations and ensures real estate appraisals used in federally related transactions meet uniform standards, has awarded the Utah Division of Real Estate a grant. A portion of these funds will be used to develop a mentorship program. The Division is at the beginning stages of developing this program, and the Real Estate Appraiser Licensing and Certification Board has formed a committee to assist with development.  As the mentorship program rolls out, the Division intends to offer mentorship in addition to, or in some instances in lieu of, disciplinary action and/or corrective continuing education. Stay tuned for future announcements as the program is developed!  

This mentorship program is supported by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council under the Grant SSG2024UT02. Opinions or points of view expressed through the program do not necessarily reflect the official position of or a position endorsed by the Appraisal Subcommittee.

The online listing for the charming bungalow was exactly what John Smith* was looking for.  He dialed the number, eager to schedule a viewing. "Hello, this is John. I'm interested in the property on Apple Street, Salt Lake City, Utah."

The seller’s agent, Utah licensee Jane Doe, sounded friendly enough. "Thanks for calling, John!  I'd be happy to show it to you, but first, due to a recent change in the law, I need you to sign a written agreement."

John frowned. "An agreement? I'm not working with an agent. I just want to see the house." 

Jane explained patiently, "I understand.  However, the new law requires us to have a written agreement in place outlining our respective roles and responsibilities, even if it's just for a showing." She paused, "It protects both of us and ensures transparency."

John, though initially hesitant, realized he wouldn't get a foot in the door without complying.  He agreed to meet Jane at her office to review the paperwork.

The agreement turned out to be a buyer-broker agreement followed by a limited agency agreement. It indicated that Jane would represent both the seller and John and that she would be entitled to a commission. Even though John did not intend to work with an agent, he really wanted to see the bungalow. John reluctantly agreed.

With the agreements signed, John finally got his tour of the bungalow.

NOTE: One fact missing from the above story is whether the seller instructed Jane, in writing, to show the seller’s home only to represented buyers. This is within a seller’s rights, but we encourage Division licensees to get this instruction in writing for their protection.

*Disclaimer: The names used in this story are fictional. Any resemblance to actual licensees or consumers is purely coincidental and unintentional.

Even giving Jane the benefit of the doubt in terms of her intentions here, she made multiple misrepresentations to John. These misrepresentations induced John to enter into a limited agency agreement with Jane when he may have preferred to proceed unrepresented or with an agent solely representing his interests. Utah law does not require a seller’s agent to enter into a written agreement, including an agency agreement, with an unrepresented buyer to show their seller-client’s property to the unrepresented buyer. 

Written agreements are a component of the National Association of REALTORS settlement. We encourage licensees who have questions about practice changes or settlement compliance to contact their REALTOR organization. 

The National Association of REALTORS has published the following website with content related to the settlement: https://www.nar.realtor/the-facts

The Utah Association of REALTORS also provides helpful settlement resources and information here: https://utahrealtors.com/realtor/nar-lawsuit-settlement-utah-faqs-and-resources/

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 Website under the Enforcement Menu, Disciplinary Actions 

https://realestate.utah.gov/realestate/index.html

APPRAISAL/AMC

LINDSEY, MICHELLE HOLDEN, Certified Residential Appraiser, Washington, Utah.  In a stipulated order dated September 25, 2024, Ms. Lindsey admits that in two appraisal reports completed by her, she violated Utah law and the Uniform Standards of Professional Appraisal Practice, including violation of the Ethics Rule, the Management Rule, the Record Keeping Rule, the Competency Rule, and the Scope of Work Rule.  The stipulation notes issues with General Development Requirements, Problem Identification, Market Analysis, Approaches to Value, Sales Agreements, Reconciliation, General Reporting Requirements, and Content of a Real Property Appraisal Report.  Ms. Lindsey agreed to pay a civil penalty of $10,000 that her certified residential appraiser credential be revoked and she be granted a state-licensed appraiser credential.  In addition, Ms. Lindsey agreed to complete 20 hours of corrective continuing education, including four hours of Appraiser Self Protection: Documentation and Record Keeping, four hours of Ethics, Competency and Negligence, four hours of Sales Comparison Approach Reconciliation, four hours of Missing Explanations, and four hours of Scope of Work: Appraisals and Inspections.  These hours will not count toward the continuing education hours required for Ms. Lindsey’s license renewal.  Docket number AP-24-5065, and DRE case numbers AP-21-130749 and 133112

WORTHINGTON, JEFFREY A., Certified Residential Appraiser, Washington, Utah.  In a stipulation dated November 27, 2024, Mr. Worthington admits he violated Utah law and the Uniform Standards of Professional Appraisal Practice, including the Scope of Work Rule, General Development Requirements, Problem Identification, Approaches to Value, Reconciliation, and General Reporting Requirements.  Mr. Worthington agreed to pay a civil penalty of $2,000 and to complete seven hours of corrective continuing education on the topics of Residential Analysis and Logic and Site Evaluation.  These hours will not count toward the continuing education hours required for Mr. Worthington’s license renewal.  Docket number RE-24-5057, and DRE case number AP-21-131815

MORTGAGE

There were no disciplinary or licensing actions in the Mortgage industry in the fourth quarter.  

REAL ESTATE

AAMODT, SETH, Sales Agent, Farmington, Utah.  In an order dated September 24, 2024, Mr. Aamodt’s license was granted and placed on probation for the initial licensing period due to criminal history.  Docket number RE-2024-080

AEI DECON, Continuing Education Provider, Murray, Utah.  In a stipulated order dated October 16, 2024, AEI DECON admits to having violated Utah law and administrative rules for offering continuing education credit to participants for a course that had expired.  The course was offered and continuing education credits were banked for approximately 30 months after the expiration of the course approval.  AEI DECON and Nathan Coombs, the continuing education instructor, agreed to pay a civil penalty of $4,000.  Docket number RE-24-5068 and Division Case No. RE-21-131301

BRIMHALL, RICHARD, Sales Agent, South Jordan, Utah.  In an order dated November 5, 2024, Mr. Brimhall’s license was granted and placed on probation until he pays personal taxes owed to the Utah State Tax Commission or until he enters into a payment schedule agreement and has made several payments pursuant to the payment schedule.  Docket number RE-2024-086

NATHAN COOMBS, Continuing Education Instructor, Murray, Utah.  In a stipulated order dated October 16, 2024, Mr. Coombs admits that he violated Utah law and administrative rules for continuing to instruct a continuing education course to participants for a course that had expired.  The course was offered and continuing education credits were banked for approximately 30 months after the expiration of the course approval.  Nathan Coombs, the continuing education instructor, and AEI DEACON, the course provider, agreed to pay a civil penalty of $4,000.  Docket number RE-24-5068 and Division Case No. RE-21-131301

DUNKLEY, MICKEY ESAU, Sales Agent, Roy, Utah.  In an order dated September 5, 2024, Mr. Dunkley’s license was renewed and, due to a pending charge subject to a plea in abeyance agreement in a criminal matter occurring during the past licensing period, his license was renewed and suspended during the pendency of the plea agreement.  When Mr. Dunkley completes the terms of the plea agreement, his license will be placed on probation for the remainder of the licensing cycle.  Docket number RE-2024-076

ECHEVERRIA RUTH MALLALAI, Sales Agent, Salt Lake City, Utah.  In an order dated November 14, 2024, Ms. Echeverria’s license was granted and placed on probation for the initial licensing period due to criminal history.  Docket number RE-2024-092

FERGUSON, BRYNN, Sales Agent, Sandy, Utah.  In an order dated November 1, 2024, Ms. Ferguson’s license was revoked in accordance with the prior order of the Real Estate Commission.  The prior order provided for the revocation of Ms. Ferguson’s license in the event she entered into a plea in abeyance agreement to a felony charge in a criminal matter that was pending as of the date of the Commission’s order.  On September 20, 2024, Ms. Ferguson entered into a plea agreement to a felony charge, prompting the revocation of her license.  Docket number RE-2023-100

FLANDERS, CHRISTIAN SAVAS, Sales Agent, Herriman, Utah.  In an order dated September 4, 2024, Mr. Flanders’s license was renewed and, due to a criminal matter occurring during the past licensing period, his license was placed on probation for the renewal period.  Docket number RE-2024-074

GRAY, JENNIFER E, Principal Broker, South Jordan, Utah.  In an order dated September 20, 2024, Ms. Gray’s license was renewed and, due to a plea in abeyance agreement in a criminal matter, her license was placed on probation for the renewal period.  Docket number RE-2024-078

HALLMAN, DAKOTA SHAI, Sales Agent, Riverton, Utah.  In an order dated September 20, 2024, Ms. Hallman’s license was granted and placed on probation for the initial licensing period due to criminal history.  Docket number RE-2024-077

HARVEY, ADAIR DYLAN, Sales Agent, Salt Lake City, Utah.  In an order dated November 7, 2024, Mr. Harvey’s license was granted and placed on probation for the initial licensing period due to a diversion agreement in a criminal court matter.  Docket number RE-2024-087

HURD, BRITTANY ANN, Sales Agent, Layton, Utah.  In an order dated September 20, 2024, Ms. Hurd’s license was granted and placed on probation for the initial licensing period due to criminal history.  Docket number RE-2024-079

JOHNSON, JAMES, Associate Broker, Saratoga Springs, Utah.  In an order dated September 4, 2024, Mr. Johnson’s application for licensure as an associate broker was denied due to his sales agent license being on probation at the time that he applied for licensure as an associate broker.  As of the date of this article, Mr. Johnson’s sales agent license remains active on probation.  Docket number RE-2024-073

MARQUEZ, MEGAN, Sales Agent, Murray, Utah.  In an order dated November 8, 2024, Ms. Marquez’s license was renewed and, due to a criminal matter occurring during the past licensing period, her license was placed on probation for the renewal period.  Docket number RE-2024-088

MARTINEZ-PEREYRA, HABNER URIEL, Sale Agent, Provo, Utah.  In an order dated November 15, 2024, Mr. Martinez’s license was granted and placed on probation for the initial licensing period due to criminal history.  Docket number RE-2024-096

MILLER, CAMRY LESLIE, Sales Agent, Cedar City, Utah.  In an order dated October 11, 2024, Ms. Miller’s license was granted and placed on probation for the initial licensing period due to a plea in abeyance agreement in a criminal matter.  Docket number RE-2024-082

NAVARRO GUTIERREZ, ADRIAN, Sales Agent, Salt Lake City, Utah.  In an order dated November 15, 2024, Mr. Navarro’s license was granted and placed on probation for the initial licensing period due to criminal history.  Docket number RE-2024-097

PERKINS, LUTHER, Sales Agent, St. George, Utah.  In an order by the Real Estate Commission dated September 13, 2024, Mr. Perkins’s license was renewed and, due to a plea in abeyance agreement in a criminal matter occurring during the past licensing period, his license was placed on probation during the term of the plea agreement and for the renewal period following the resolution of the charges from the plea agreement.  Docket number RE-2024-054

PUERTO, JAVIER, Sales Agent, Herriman, Utah.  In an order dated September 24, 2024, Mr. Puerto’s license was renewed and, due to a criminal matter occurring during the past licensing period, his license was placed on probation for the renewal period.  Docket number RE-2024-081

SNYDER, ANDREW DAVID, Sales Agent, Bountiful, Utah.  In an order dated October 11, 2024, Mr. Snyder’s license was granted and placed on probation for the initial licensing period due to a plea in abeyance agreement in a criminal matter.  Docket number RE-2024-083

STARLEY, TRICIA C, Sales Agent, Sandy, Utah.  In an order dated November 8, 2024, Ms. Starley’s license was reinstated and immediately suspended until she pays the civil penalty she agreed to pay in a stipulation signed by her and approved by the Real Estate Commission on March 16, 2022.  Ms. Starley’s license will remain suspended until the civil penalty is paid in full, after which her license status will be changed to probation for the remainder of the renewal period.  Docket number RE-2024-089

STEVENS, MARCIE, Sales Agent, Spanish Fork, Utah.  In an order dated October 11, 2024, Ms. Stevens’s license was renewed and, due to a criminal matter occurring during the past licensing period, her license was placed on probation for the renewal period.  Docket number RE-2024-084

TIMESHARE

HILL, GRIFFIN R., Timeshare Salesperson, West Jordan, Utah.  In an order dated November 8, 2024, Mr. Hill’s application for registration as a timeshare salesperson was denied due to criminal history.  Docket number RE-2024-090

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