Newsletters

---

In this issue:

• Director's Message – 2021 Legislative Update
• Rap Back Fingerprinting Likely returning for July Renewals
• Rule Developments Since January 1, 2020
• 2021 Caravan Cancelled
• Kagie's Korner
• AMC National Registry Reporting and Fees
• Property Management
• Division Staff Spotlight — Joy Natale
• Mortgage Renewal and Reinstatement
• 2021 IDW Announcement
• Appraiser PAREA Courses
• Welcome Executive Director Busse
• First Quarter Licensing & Disciplinary Actions
• Credits

---

Director's Message – 2021 Legislative Updates

In the 2021 Legislative Session, Representative Cal Musselman and Senator Kirk Cullimore assisted the Division by running H.B. 234, Division of Real Estate Amendments.  This year's bill was much shorter than pervious bills, but there are important changes that will affect licensees.  The changes in this year's bill affect real estate, appraisal, and appraisal management.  All changes were discussed with the Real Estate Commission and Appraisal Board.

The Division appreciates the support we received from Representative Musselman, Senator Cullimore.

The changes made in H.B. 234 will go into effect on May 5, 2021.  This article only provides highlights of the changes made.  If you have questions, please read the exact language found in the bill or contact the Division.

H.B. 234 – https://le.utah.gov/~2021/bills/hbillint/HB0234.pdf

H.B. 234 – Summary of Changes

Appraisal Management Company Registration & Regulation Act

61-2e-205. Division service fees – Federal registry fees.

• Enforcement Authority for the Division against an Appraisal Management Company for failing to pay their National Registry Fee.

Appraisal Management Companies who participate in Federally Related Transactions must be on the National Registry and pay an annual fee in accordance with R162-2e-205. We started collecting National Registry Fees last year, and realized we had no enforcement authority if an AMC that needed to be on the registry and pay the fee, failed to pay their National Registry fee.

61-2e-402. Enforcement – Immunity for Board

• Enforcement Authority for the Division against an Appraisal Management Company that was registered at the time of the violation.

This is similar to language we have for real estate, appraisal, and mortgage.  An appraisal management company should be responsible for conduct that occurred while it was registered even if their registration expires.

Real Estate Licensing and Practices Act

61-2f-103. Real Estate Commission.

• Rulemaking Authority for the registration of an assumed name and property management company.

Administrative rule references the registration of a DBA. The Division believes the correct term is assumed name, which would include a DBA.

61-2f-203. Licensing Requirements.

• Allow the Division and Commission to enter into reciprocal licensing agreements.

There is a push nationally for license portability.  This statutory change would allow the Division and Commission to consider entering into reciprocal licensing agreements with other jurisdictions as long as the jurisdiction's requirements and standards for the license are substantially similar to those of Utah.

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

• Allow a principal broker or branch broker to supervise multiple branches as long as they maintain active and reasonable supervision.

As the industry changes and business models change, we want to give real estate brokerages flexibility.  Keep in mind, that it is up to the principal broker to determine how many locations and sales agents they can supervise.  The ultimate responsibility lies with the broker.  The Real Estate Commission and Division have been working on a rule amendment to establish what active and reasonable supervision entails.

Real Estate Appraiser Licensing & Certification Act

61-2e-204. Real Estate Appraiser Licensing and Certification Board.

• Increase Appraiser Board from five members to seven members.

Decisions the Board makes on a regular basis affect both appraisal management companies and lenders. Increasing the number of board members from five to seven and including a representative of an AMC and lending institution allows those who are affected by decisions to have input in those decisions.

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.

arrow_upward BACK TO TOP arrow_upward

---

Rap Back Fingerprinting Likely Returning for July Renewals

The Division continues to discuss and formulate policies regarding the resumption of fingerprinting for licensees that are renewing their real estate and/or appraisal licenses.  This article reflects the Division’s current thinking as of the time of this newsletter.  However, as COVID-19 conditions change, the resumption date for fingerprinting could potentially be delayed, but will not be initiated any earlier than July of 2021.  Before getting fingerprinted as part of your license renewal, please check the Division’s website first for the most current information.

As the pandemic situation continues to improve, the Division plans to resume the requirement for appraisers and active and inactive real estate licensees to be fingerprinted and enrolled in RAP Back for July license renewals.

If as anticipated, fingerprinting resumes for July renewals, those renewing will be prevented from renewing prior to July to ensure that once RAP Back fingerprinting resumes, only July renewals would be initially enrolled in RAP Back.  As we move into later summer (August/September) renewal windows will return to 45 days for real estate licensees and 3 months for appraisal licensees.  Once again, licensees should continue to monitor the Division’s website for up-to-date information about fingerprinting and renewal information.

Real Estate Brokers and Sales Agents

Real Estate Brokers and Sales Agents can typically renew 45 days before their expiration.  Because of the complexity with renewing a license with RAP Back enrollment, licensees renewing in July will be prevented from renewing until July 1st.  In anticipation of the fingerprinting requirement, licensees renewing in July will be able to get fingerprinted prior to July 1st.  Please check the Division’s website for information about how early you can get fingerprinted.

Appraisers

Appraisers can typically renew their license three months before expiration.  Because of the complexity with renewing a license with RAP Back enrollment, appraisers renewing in July will be prevented from renewing until July 1st.  In anticipation of the fingerprinting requirement, licensees renewing in July will be able to get fingerprinted prior to July 1st.  Please check the Division’s website for information about how early you can get fingerprinted.

In an effort to help all licensees avoid any delays in license renewal, these are the most common questions we receive about RAP Back and license renewal:

1. What is Rap Back?

   "The Rap Back service allows authorized agencies to receive notification of activity on individuals who hold positions of trust (e.g. school teachers, daycare workers [and now real estate and appraisal licensees]), thus eliminating the need for recurring background checks on a person from the same applicant agency"  (https://www.fbi.gov/services/cjis/fingerprints-and-other-biometrics/ngi)

2. Who has to be fingerprinted?

   S.B. 140 from the 2019 Utah Legislative Session requires all active and inactive real estate agents, brokers, and all appraisers to be fingerprinted and enrolled in RAP Back.

3. What is the cost?

   The Bureau of Criminal Identification ("BCI") charges $40.00 for processing fingerprints and $5.00 to enroll a licensee in RAP Back.  Third Party fees: Depending on where you get fingerprinted, there may be additional fees.

4. When should licensees be fingerprinted?

   July, 2021 renewals:
   For real estate licensees and appraisers renewing in July of this year, please refer to the beginning of the article.

   Licensees renewing after July, 2021:
   Licensees must wait for their renewal window to get fingerprinted.  Please check the Division’s website for the most current information about when to get fingerprinted.  The fingerprinting, background check, and RAP Back enrollment must be completed prior to renewing your license.

5. Why do licensees need to wait until their renewal window to be fingerprinted?

   As mentioned above, the fee for fingerprint processing and RAP Back enrollment is $45.  When a licensee’s fingerprints are submitted to BCI, BCI bills the Division for the $45.  A licensee will not pay the $45 until they renew their license.  The Division needs to collect the funds from licensees to pay BCI for the processing of fingerprints and enrollment in RAP Back.

6. Where can they be fingerprinted?

   The Division of Real Estate has tried to make it as convenient as possible for licensees to be fingerprinted.  Because fingerprinting has been on hold since last March 2020, the Division needs to contact fingerprinting locations to ensure the public is welcome, business hours, and third-party fees.  Additional information will be available in the next few months.

7. What do you need to do prior to being fingerprinted?
   1. Each licensee must visit the Division’s website: https://realestate.utah.gov to review and sign a Consent to Background Check form (this form is currently not available on the DRE website but will be available in June).  This will all be done electronically and licensees will have the ability to print a copy for their own records.
   2. After, and only after the licensee reviews and signs the consent form, will they have access to the Authorization for Live Scan Fingerprinting Form that licensees will be required to take with them to be fingerprinted.  Please do not make copies of this authorization form for other licensees; the FBI requires that each licensee sign the consent form.  Failure to review and sign the consent form on the Division’s website would likely prevent you from being able to renew your license.
   3. The Consent to Background Check form and the Authorization for Live Scan Fingerprinting Form can be found on the main page of the Division website https://realestate.utah.gov.  When you are authorized to be fingerprinted (based on information found in Question 4 above), click the RAP Back Fingerprinting button.
8. What should you take with you when being fingerprinted?
   1. A copy of your license, you must submit your license number with your fingerprints;
   2. Valid driver’s license or passport; and,
   3. The Authorization for Live Scan Fingerprinting Form that you can print on our website once you have completed the Consent to Background Check Form. Print the completed authorization form and bring the form with you when you are fingerprinted. If you do not have all the requested information on the authorization form, you may not be fingerprinted, or your background check may not properly link to your license, which could delay your license renewal.
9. What is the timeframe after being fingerprinted?

   If you are fingerprinted using a Live Scan machine the processing time is typically 24-48 hours.  If you are fingerprinted using paper fingerprint cards it can take five business days to process.  Keep this in mind when deciding when and where to be fingerprinted.  If you know you will be using a location that only does paper fingerprint cards, plan accordingly.

   You will be prevented from renewing your license until the RELMS system receives an electronic acknowledgement from the Utah Bureau of Criminal Identification (BCI) that you have submitted your fingerprints to the FBI for processing, you have no criminal history, or the Division has reviewed your criminal history.

10. What should you do with fingerprint cards?

    Most Live Scan locations will still print off a fingerprint card for your records.  The only time you need to send the fingerprint cards to the Division is if your fingerprints were not electronically submitted to BCI.  If you are unsure, please ask the third-party location if your fingerprints have been electronically submitted or not.  If they have been, you can retain the cards for your own records.

11. What about Dual Brokers?

    Dual Brokers only need to be fingerprinted for their principal broker license.

12. What about those holding another license?

    If you are a real estate agent and appraiser, you must be fingerprinted for each license type you have.  In addition, if you are already enrolled in RAP Back because you have been enrolled for another reason, you still must be fingerprinted and enrolled for each license you have with the Division.  The FBI requires separate enrollment for each license type.

13. Do licensees have to be fingerprinted again?

    Once you are enrolled in RAP Back you will stay enrolled as long as you maintain your license and renew on time.  Allowing your license to expire could result in removal from the RAP Back system requiring you resubmit to a background check.

    I hope this gives you a better understanding of what RAP Back is and what to expect the next time you renew your license.  I know this is an inconvenience, but hope that you all see the value this will add to your industry.  I wish you all the best in the new year.

arrow_upward BACK TO TOP arrow_upward

---

Rule Developments Since October 1, 2020

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 recently adopted or proposed rule amendments under consideration for the Appraisal Management Company rules.

Appraisal

A recent rule amendment added Subsection 502(8) to the Real Estate Appraiser Licensing and Certification Rules (Appraiser Board).  Subsection 502(8) was intended to clarify the rule relating to property inspections.  However, members of the appraisal management company and financial services industries raised questions and concerns about Subsection 502(8) and the collection of property data for use in an appraisal.  The Appraiser Board then approved a proposal to consider deleting Subsection 502(8) from rules.  The public comment period about whether to delete Subsection 502(8) ended March 31, 2021.  The Real Estate Appraiser Licensing and Certification Board will consider all public comments received during the public comment period and will determine whether to move forward with the proposed amendment.

Mortgage

On February 3, 2021, the Residential Mortgage Regulatory Commission (Mortgage Commission) voted to consider a possible rule amendment that would clarify the timing of the required five-year fingerprint background check and five-year credit report check.  The purpose of the proposed rule amendment is to ensure that the timeframe for these requirements by the state corresponds with the time frame accepted by the Nationwide Multistate Licensing System & Registry (NMLS).  Currently, the NMLS allows licensees to complete these requirements earlier than our administrative rules allow.  The proposed amendment would not change the once every five-year requirement, only how soon before applying for renewal a licensee could complete their background and credit check.  Language for the proposed rule amendment has not yet been drafted by the Division or considered by the Mortgage Commission.  When the proposed rule amendment has been drafted, it will be presented to the Mortgage Commission for their consideration.

Real Estate

A draft proposal of a significant rule amendment affecting numerous rule sections of the Real Estate Licensing and Practices Rules has been approved for filing and is currently in process. As of the date of the drafting of this article, the proposed rule amendment has not yet been published and the timing of the window for public comment not yet established.

The Real Estate Commission organized committees to consider the broker supervision and the trust account rules. These committees met and presented recommendations to the Real Estate Commission for possible rule amendments. Other proposed rule amendments have also been considered by the Real Estate Commission at meetings over the past several months. The proposed rule amendment would amend the following sections:

Section 102 – The proposed amendment would add "mandatory course" to the definition of "continuing education" and add the definition of "virtual-live continuing education" to the rule.

Section 201 – The proposed amendment would eliminate the requirement to deny an application for licensure of an applicant who was:

1. convicted of a felony, or was released from jail or prison for a felony, within five years preceding the date of application; or
2. convicted of, or released from jail or prison for a misdemeanor involving fraud, misrepresentation, theft, or dishonesty, within three years preceding the date of application.

Instead of the mandatory denial required by the current rule, the proposed amendment would provide discretion to the division and Commission in evaluating whether to deny a license, or to issue a restricted license to an applicant with such criminal history.  The proposed amendment provides that the division and Commission give particular consideration to such felonies or misdemeanors in reaching a licensing decision.

Section 202a – The proposed amendment would clarify that an individual must pass both the state and national components of the licensing examination within 12 months of completion of the applicant’s prelicensing education and would simplify, and in rare circumstances, extend the deadline for application which would be 90 days from the date the applicant achieves a passing score on both examination components.

Section 205 – The proposed amendment would add "assumed name" as a category of businesses that are required to register with the division.

Section 206c – The proposed amendment would add virtual-live continuing education (CE) to the approved categories of CE.  Although virtual-live CE was initially developed in response to the social distancing required by the COVID-19 pandemic, virtual-live CE is not a temporary solution but would be a permanent option for CE instruction.  CE providers are not required to provide virtual-live CE but this is an optional format that may be used to reach potential participants.  The proposed rule amendment would establish minimum standards for virtual-live CE including class size limits, the use of monitoring assistants, and communication requirements including microphones and live cameras. The proposed amendment would not change or restrict the existing CE options of traditional classroom CE and distance education.  In addition, the proposed amendment also lists the types or options of mandatory CE courses that were provided for in a prior approved rule amendment.

Section 401c – Under existing law and rule, a broker is required to provide active and reasonable supervision of each licensee and unlicensed staff member employed by or affiliated with the broker.  The proposed rule amendment provides direction to brokers as to the minimum standard for active and reasonable supervision while retaining the safe harbor to protect a broker who meets the minimum standard from liability for violations of law or rule by persons required to be supervised by the broker.

Section 401k – The proposed amendment would clarify that:

1. monthly reconciliation records are among those trust account records required to be maintained and safeguarded by a broker; and
2. a broker must maintain records from a lease transaction for at least three years following the year in which the lease agreement is terminated.

Section 403a – The proposed amendment rearranges and combines the provisions of trust account rules currently found in sections 403a and 403b for a real estate company and adds the following provisions:

1. a broker must notify the division if the trust account is moved to another bank or credit union or the trust account number is changed;
2. non-traditional electronic transfers of funds would be expressly allowed;
3. a broker is required to reconcile brokerage trust account records with the brokerage client records at least monthly;
4. a broker is required to transfer funds out of the trust account and into an operating account prior to further disbursing the funds; and
5. with the client’s written consent, a broker may reallocate earnest money funds from a failed transaction held in a trust account as earnest money for the same client in another transaction.

Section 403b – The proposed amendment rearranges and combines the provisions of trust account rules currently found in sections 403a and 403c for a property management company and adds the following provisions:

1. a broker must notify the division if the trust account is moved to another bank or credit union or the trust account number is changed;
2. non-traditional electronic transfers of funds would be expressly allowed;
3. a broker is required to reconcile brokerage trust account records with the brokerage client records at least monthly;
4. a broker may deposit up to $10,000 of the broker’s own funds into a property management trust account;
5. a broker must transfer earnings for property management services out of the trust account and into an operating account within 60 days of the date the earnings are earned according to contract and received; and
6. a broker is required to transfer funds out of the trust account and into an operating account prior to further disbursing the funds.

Section 403c – The current provisions of this section have been combined into Section 403b.  The proposed rule amendment would delete this section.

Timeshare and Camp Resort

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

arrow_upward BACK TO TOP arrow_upward

---

2021 Caravan

Due to the continuing COVID-19 pandemic, the 2021 CARAVAN has been canceled for all locations.  It is currently deemed to be unsafe to encourage our licensees to attend a 3-hour indoor interactive training session given the risk of virus spread.

We appreciate your patience and understanding.  With hope and optimism, we look forward to 2022 for the return of our annual spring CARAVAN.

arrow_upward BACK TO TOP arrow_upward

---

Kagie's Korner

The Division of Real Estate would like to address a topic of interest which all real estate licensees should consider when using an electronic document signing service such as DocuSign, Dotloop, PandaDoc, HelloSign, SignRequest, Adobe, etc.

The use of electronic signing services to collect electronic signatures is common place and a matter of convenience in the real estate industry.  However, if you are not careful, such signing services can generate unintended negative consequences for your clients.  For example: an agent sends a document to their client to sign, which the client promptly does.  Nothing to worry about right, so far, it’s a normal transaction.  However, when the licensee set up the Document they inserted "EDT" Eastern Daylight Time in the signature block instead of correcting it to show "MST" Mountain Standard Time before sending to the client.  The client signed the Real Estate Purchase Contract and Addendums, with the incorrect time stamp.  This small error became a problem when the client decided to cancel the offer on the Due Diligence Deadline Date.  The signature was stamped at 10:09 pm EDT.  The client lost their earnest money because they "missed" the deadline.

Remember the State approved forms, including the Real Estate Purchase Contract, typically incorporate Mountain Standard Time.  Any time zone other than Mountain Standard Time would require an addendum to change the agreement.

It is the recommendation of the Division that all licensees take sufficient time to become comfortable with and verify the appropriateness and accuracy of the electronic service data, including the date and time, for the client and other parties when setting up such services.  This ensures that your clients are protected and you do not find yourself under investigation for breaching a fiduciary duty.

arrow_upward BACK TO TOP arrow_upward

---

AMC National Registry Reporting and Fees

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 the month of February, each AMC registered in Utah was contacted by the Division to initiate the annual reporting process and pay the associated fees. If you are currently registered as an AMC in Utah, please complete the form that was emailed to you and return it promptly. If you did not receive the email communication, please make sure your contact information is up-to-date with the Division and visit our website for the required form: https://realestate.utah.gov/amc/.

The reporting process will include 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 12/31/2020.

Each AMC registered in Utah will be required to complete the AMC Annual National Registry Reporting form and return it to the Division with the determined fees by May 31, 2021.  Those that meet the requirements will become effective on the AMC National Registry from July 1, 2021 through June 30, 2022.  If a registered appraisal management company, who is required to pay a national registry fee, fails to pay the annual registry fee, the Division may suspend or revoke the appraisal management company's registration.

If your company holds a Utah AMC registration, please be sure to complete the required reporting form and return it to the Division no later than May 31, 2021.

arrow_upward BACK TO TOP arrow_upward

---

Property Management

by Laurel North, Investigator

A few problem areas we’ve seen trending in our property management investigations include improperly registered entities, inadequate record retention, and a failure to conduct line item reconciliations of all deposits and withdrawals from trust accounts.  Let's take a look at all 3 issues.

Performing Property Management Transactions

A principal broker has two options for engaging in property management activities.

Option 1: Perform Both Real Estate & Property Management Under Existing Real Estate Brokerage

A principal broker can choose to perform a combination of real estate and property management activities within their existing real estate brokerage. Licensees affiliated with that broker/brokerage can perform either real estate and/or property management transactions (with their broker’s prior approval). All marketing activities for either real estate or property management are required to include the exact name of the real estate brokerage to which they are affiliated (the name that is approved by the Division).

While only using the approved business name of their real estate brokerage, the principal broker can manage up to six individual units using the brokerage real estate trust account.  If the brokerage manages seven or more individual units, a separate property management trust account (or accounts) would need to be opened by the brokerage to secure tenant security deposits, rents, and money tendered by a property owner as a reserve fund or for payment of unexpected expenses. (R162-2f-403b (3))

All trust and operating account locations and account numbers are required to be provided by the principal broker to the Division.  All brokerage trust and operating accounts must be maintained by a bank or credit union located in Utah. R162-2f-205 (4)(d)

Option 2: A Principal Broker Can Open a Dual Brokerage for Property Management

In option 2, the principal broker (PB) of the real estate brokerage can also apply to the Division for a Dual Broker (DB) license and Property Management Company registration to operate an independent, exclusively property management transactions brokerage.  This unique situation allows the principle broker to personally, and simultaneously, be the broker of two separate brokerages under two different approved names; a real estate brokerage under their Company (CN) registration number (where affiliated licensees can perform both real estate and property management transactions), and a property management brokerage under their Property Management (MN) registration number (where affiliated licensees are limited to exclusively performing only property management transactions*).

Once again, the approved name of the DBs property management brokerage is required to have a different name than their real estate brokerage and with only a narrow exception, affiliated licensees can only perform property management transactions*.

The principal/dual broker is personally responsible to actively supervise both the real estate brokerage and the property management brokerage.

A principal broker may not conduct business through an entity, including a branch office, dba or separate property management company, without first registering the entity with the division. (61-2f-206 and R162-2f-205).  This is where some licensees find themselves in violation.  They conduct property management services under an entity that is not registered with the Division.

I've seen several of these "unregistered entity" cases this past year and there isn’t any wiggle room for broker explanations that include, "it's a simple infraction," or "I simply overlooked this requirement", or "it's no big deal."  It is a serious violation to conduct business within an unregistered entity.  Fines may be assessed at $5,000 for a single violation.  The kicker to that single violation is that if you’ve been operating without proper registration, many of your business operations will prove to be additional violations.

Give section R162-2f-401j Standards for Property Management a quick a review to refresh your mind concerning broker supervision and duties that can be performed by licensed sales agents and unlicensed assistants affiliated with your brokerage.

Record Keeping Requirements — R162-2f-401k

A principal broker shall maintain and safeguard all trust account records, any records submitted by a licensee pertaining to a transaction as well as any documents signed by an owner, seller, buyer, property manager, or tenant for 3 years following the year the transaction closes, fails, or is rejected.  These files can be kept physically or electronically (Title 46 Chapter 4, Utah Uniform Electronic Transactions Act).

A broker is responsible for collecting and keeping records for each property and/or client.  If the division requests your transaction file on a property, it includes all of the above-mentioned items as well as the financial accounting and reconciliations for that property.

Property Management Trust Accounts — R162-2f-403

Principal brokers are not limited to depositing $1,000 of their own funds into a property management trust account, so it’s important to be vigilant in performing a monthly line-item reconciliation of all deposits and withdrawals of funds belonging to the principal broker. (R162-2f-403c (2)(b))

A Principal Broker shall reconcile the property management trust account at least monthly and maintain a date-sequential record of all deposits and disbursements from that account. Brokers must maintain a current, running total of the balance contained in the trust account and ensure that each closed transaction balances to zero.  The broker must reconcile the Trust Account records with the Utah bank or credit union where the trust account funds are held.  If this account is out of balance, the imbalance must be cured within 30 days or the Division must be notified.  Some of our largest penalties this past year involve stolen, commingled, or misused monies within a property management trust account. (R162-2f-403a (9 & 10))

The fines assessed this past year for registered and unregistered property management companies are unprecedented, so take a moment to verify that your property management entity is properly registered.  Audit some transaction files to establish that you are collecting and maintaining the necessary records for your transaction files and personally reconcile your trust accounts, at least monthly.

The Division will be updating the trust account sections of the administrative rules to help distinguish between real estate and property management trust account requirements, stay tuned.

*Real estate licensees affiliated with a Dual Broker through a Property Management Company may conduct real estate transactions under the Principal Broker’s Real Estate Brokerage only if they hold a current Property Management Sales Agent (PMSA) Designation. R162-2f-202d (1-3)

arrow_upward BACK TO TOP arrow_upward

---

Division Staff Spotlight — Joy Natale

Meet Joy Natale!  Joy has been employed with the Division, as a Real Estate Analyst, since October of 2019.  She says her favorite thing about working at the Division is, "My co-workers are a fantastic group of people, always willing to help, and are committed to serving the public."  Prior to her employment with the Division, Joy graduated law school at the University of Utah, spent 18 years as a Prosecutor for Summit and Salt Lake Counties (specializing in special victim cases and other violent crimes), and also worked as a real estate sales agent.

One of Joy’s favorite past times is travelling.  She has taken vacations to several different countries in Europe, including: England, Ireland, Croatia, Poland, Hungary, Austria, Slovakia, Slovenia, France, Spain, and the Czech Republic.  She hopes her travels will soon take her to Italy and Portugal.

When she is not travelling the world, Joy enjoys cooking, home improvement projects, shopping for design ideas, attending summer concerts, and taking her dog Bandit, a very affectionate, energetic and intelligent Border Collie/Australian Shepherd mix on road trips.

We are so grateful to have Joy on our team! Her hard work and knowledge of both the law and the real estate industry make Joy an excellent asset to the Division.

arrow_upward BACK TO TOP arrow_upward

---

Mortgage Renewal and Reinstatement

The 2021 reinstatement period for mortgage licensees ended on 02/28/2021.  A total of 7,543 licenses were renewed for the 2021 year.  Of that total, 6,387 were individual licenses (MLO & PLM), 747 were entity licenses, and 409 were branch licenses.

Any individual who allowed their mortgage license to expire on December 31st, 2020 and failed to reinstate their license by February 28th, 2021, must now complete the following requirements by December 31, 2021 to obtain a new license.

1. Complete all required CE from 2020.
2. Reapply for a new license and pay all licensing fees through the NMLS.

Individual's 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.

arrow_upward BACK TO TOP arrow_upward

---

2021 Instructor Development Workshop

On Wednesday and Thursday, October 27th and 28th the 2021 Instructor Development Workshop (IDW) will be held at the Sheraton Park City for Real Estate, Mortgage and Appraisal Prelicense and Continuing Education instructors.  At this time the event is being planned and scheduled as a traditional classroom instructional event subject to COVID-19 conditions and possible restrictions.

Craig Grant "The Real Estate Tech Guru" from Stuart, Florida will be the featured presenter for this two-day event.  Craig presents over 150 speaking engagements around the country every year including some of the industry’s top events for NAR, CRS, many state associations, and national franchises.  Mr. Grant will engage our industries' instructors to improve their techniques and skills.

Among other things, Craig plans to "raise attendees overall tech skill level."  "He will show you how you can modernize your classrooms and perform technology marketing."

The morning of October 27th Division staff will present information to the participants.

Plan now by saving these dates for this important event!

Additional information for registration for this event will be forthcoming in the 2nd and 3rd quarter Division Newsletters.

arrow_upward BACK TO TOP arrow_upward

---

Appraiser PAREA Courses

"A New Pathway" to Acquire Appraisal Licensing Experience

The Utah Appraisal Licensing & Certification Board is considering the adoption of a new Appraisal Qualifications Board (AQB) Criteria which would allow for an alternative experience method towards becoming a licensed or certified residential appraiser in Utah.

Practical Applications of Real Estate Appraisal (PAREA) training modules utilize simulated experience training, and serve as an alternative to the traditional Supervisor/Trainee experience model, to qualify as AQB acceptable appraisal experience.

PAREA modules being developed are designed to offer practical experience in a virtual environment combining appraisal theory and methodology in real-world simulations.  Over time new technologies have entered the marketplace providing the potentiality for previously unthought of methods to gain appraisal experience in simulated, virtual, or augmented environments to become commonplace.

In order to qualify to enroll in PAREA training modules a candidate must complete the following educational prerequisites:

For the Licensed Appraiser Module:

150 hours of the specified Required Core Curriculum for the Licensed Real Property Appraiser classification (Criteria, pg. 23)

For the Certified Residential Appraiser Module:

200 hours of the specified Required Core Curriculum for the Certified Residential Real Property Appraiser classification (Criteria, pg. 23)

Why has the AQB approved, and the Utah Appraiser Board currently considering, a change in the appraisal qualification criteria?

There are times when the current Supervisor/Trainee experience model poses a barrier to entry for aspiring appraisers. Over the years, a number of individuals have sought entry into the appraisal industry only to find no Supervising appraiser(s) willing to provide the training and experience necessary for them to become an appraiser.

Particularly on a national level, questions or concerns have been raised regarding overall Fairness, Diversity, and Fair Housing which are becoming recurring, resonant themes regarding society generally, which include the practices and outcomes of the residential appraisal industry.

Experience awarded for completion for one or both of the proposed training modules:

Licensed Module

Licensed Appraiser	100%
Certified Residential	67%
Certified General	33%

Certified Residential Module

Licensed Appraiser	100%
Certified Residential	100%
Certified General	50%

Individuals who are already Licensed appraisers could enroll in the Certified Residential module, subject to the prerequisite requirements, without completing the Licensed module first.

The AQB is currently NOT developing an experience module for the Certified General classification.

No partial credit will be awarded to individuals who fail to complete either PAREA training module.

If the Utah Appraiser Board accepts the new PAREA criteria changes, this will require modifications to some Division administrative rules to accommodate the new method of acquiring appraisal experience. Such changes are now being evaluated for consideration by the Appraisal Board.

The AQB believes that the PAREA program will be SUPERIOR to the currently Supervisor/Trainee model.

In PAREA training modules, much more time is spent on the appraisal process and development rather than on appraisal reporting. PAREA training is NOT intended to provide geographic competency.

Currently, both the cost and required time for completion of the PAREA training modules is unknown since no provider has had their PAREA training module(s) approved by the AQB.  In the next few months PAREA providers will likely have one or both modules approved.  Thus, our Appraiser Board is actively and thoughtfully considering the ramifications of implementing the PAREA training module changes as adopted by the AQB.

arrow_upward BACK TO TOP arrow_upward

---

Welcome Executive Director Busse

The Division of Real Estate would like to welcome Margaret Busse, the new Executive Director of the Department of Commerce.  Governor Cox appointed Margaret on December 21, 2020.

Prior to her appointment to Commerce, Ms. Busse was an adjunct faculty member for BYU’s Political Science Department as well as an advisor to social impact organizations.  Ms. Busse also served for several years as the Associate Director of the Social Enterprise Initiative at Harvard Business School, where she worked on issues such as the future of the work, opportunity and prosperity for all, and educational improvement.  In addition, Ms. Busse worked as a strategy consultant at the Bridgespan Group and spent several years at the U.S. Treasury Department as a Presidential Management Fellow.  Ms. Busse developed her passion for public service by serving for many years in leadership roles in local government.

Ms. Busse holds an MBA from Harvard University, a master’s degree in Public Policy from Brigham Young University and a bachelor’s degree in both Public Policy and Economics from Brigham Young University, where she graduated cum laude and with university honors.

Ms. Busse is a Utah native: she grew up in Holladay and graduated from Olympus High School.  She and her husband, Franz, have five children, ages 8 to 18, and love traveling, hiking and skiing together.

We are excited to have Margaret as the new Executive Director and look forward to her leadership and the new direction she will take the Department of Commerce.

arrow_upward BACK TO TOP arrow_upward

---

First Quarter Licensing & Disciplinary Actions

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: https://realestate.utah.gov/actions

APPRAISAL/AMC

CLEARCAPITAL.COM, INC., Appraisal Management Company, John Brenan, control person, Reno Nevada.  In a stipulated order approved January 27, 2021, Respondent admitted that after several individual solicitations to four appraisers were declined, ClearCapital.Com simultaneously sent out a new solicitation to the four appraisers and to three additional appraisers.  An employee of ClearCapital.Com then awarded the appraisal assignment to an appraiser without waiting 120 minutes for each of the seven appraisers to respond to the solicitation, as required by Utah Administrative Code R162-2e-306(1).  In mitigation, ClearCapital.Com responded that its employees were reminded of Utah's requirements and that it regularly audits the company's processes to ensure future compliance with Utah’s requirements.  ClearCapital.Com agreed to pay a civil penalty of $3,000. Case number AP-20-116850

MORTGAGE

CABRERA, MIGUEL ANTONIO, mortgage loan originator, West Jordan, Utah.  In an order dated December 11, 2020, Mr. Cabrera's license was renewed and placed on probation for the renewal period due to a plea in abeyance in a criminal matter.  Case number MG-20-123418

CHESNEY, MCKENZIE SUE, mortgage loan originator, Salt Lake City, Utah.  In an order dated February 5, 2021, Ms. Chesney's license was renewed and placed on probation for the renewal period due to a plea in abeyance in a criminal matter.  Case number MG-21-124804

CUMMINGS, NATHAN, mortgage loan originator, Pleasant Grove, Utah.  In an order dated December 11, 2020, Mr. Cummings's application for licensure as a mortgage loan originator was denied due to criminal history.  Case number MG-20-123425

HANCOCK, LANCE LOUIS, mortgage loan originator, Eagle Mountain, Utah.  In a stipulated order dated December 29, 2020, Mr. Hancock admitted that he had altered several details of a hazard insurance quote and submitted the falsified quote to the title company on behalf of his client.  The client was not aware of Mr. Hancock's actions in this matter.  The title company closed the loan and the client was without hazard insurance for two days.  The mortgage lender had relied on a policy having been issued prior to closing.  Mr. Hancock admits that his actions violated Utah law in that he made a false statement and caused a false document to be generated to induce a lender to extend credit in a residential mortgage loan transaction and that he had engaged in an act in transacting the business of residential mortgage loans that constitutes dishonesty, fraud, or misrepresentation.  Mr. Hancock agreed that his mortgage loan originator license be immediately revoked, that he be banned for life from applying for a mortgage loan originator license in the State of Utah, and that he would update his answers in the NMLS to reflect this regulatory action.  Case number MG-17-94151

JOHNSON, KIRK ALAN, lending manager, Ogden, Utah.  In an order dated December 4, 2020, Mr. Johnson's application for licensure as a lending manager was granted and placed on probation for the renewal period due to criminal history.  Case number MG-20-123272

KEY, MARTIN NICHOLAS, mortgage loan originator, Midvale, Utah.  In an order dated December 22, 2020, Mr. Key's license was renewed and placed on probation due to a pending criminal matter.  Case number MG-20-123649

MCHATTON, JEFFREY, lending manager, Chandler, Arizona.  In an order dated January 14, 2021, Mr. McHatton's application for the renewal of his license was denied due to a finding by the Arizona Corporation Commission that Mr. McHatton committed fraud in the offer and sale of securities, in violation of Arizona law.  Case number MG-20-123619

PEART, CODY JAY, mortgage loan originator, Heber, Utah.  In an order dated December 17, 2020, Mr. Peart's license was renewed and placed on probation for the renewal period due to an unpaid civil judgment and criminal history.  Case number MG-20-123585

PENA, DANIEL, mortgage loan originator, Pleasant Grove, Utah.  In an order dated January 22, 2021, Mr. Pena's license was reinstated and placed on probation due to a pending criminal matter.  Case number MG-21-124470

VARGAS, OSCAR S., mortgage loan originator, Salt Lake City, Utah.  Pursuant to a stipulated order dated January 6, 2021, Mr. Vargas's license was renewed and placed on probation due to a pending criminal matter.  In the stipulation, he agreed that another person would be present at all times when he is meeting with a client, mortgage applicant, or borrower while his license is on probation.  Case number RE-20-123405

WHITAKER, WILLIAM S., mortgage loan originator, Spanish Fork, Utah.  In an order dated February 5, 2021, Mr. Whitaker's license was renewed and placed on probation for the renewal period.  Case number MG-20-123428

WHITE, MARK HARRIS, mortgage loan originator, Austin, Texas.  In an order dated January 6, 2021, Mr. Whites license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number MG-20-124003

REAL ESTATE

ALLEN, DEVIN CHASE, sales agent, Ogden, Utah.  In an order dated February 5, 2021, Mr. Allen's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-124805

ANDERSON, BARRETT, sales agent, American Fork.  On March 25, 2020, the Division issued a citation to Mr. Anderson for multiple social media advertisements that did not contain his brokerage information.  The citation assessed a fine in the amount of $500.  Citation # DREC-20-5, Case number RE-20-116567

ANDERSON, MICHELLE MAE, sales agent, West Jordan, Utah. In an order dated December 4, 2020, Ms. Anderson's license was renewed and placed on probation due to a pending criminal matter.  Case number RE-20-123246

BAILEY, JACOB HYRUM, sales agent, Provo, Utah.  In an order dated December 1, 2020, Mr. Bailey'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-20-123162

BANKS, MICAH, sales agent, Sandy, Utah.  In an order dated February 12, 2021, Mr. Banks's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-124963

BARLOW, ELENA, sales agent, Millcreek, Utah.  On December 5, 2019, the Division issued a citation to Ms. Barlow for multiple social media advertisements that did not contain her brokerage information.  The citation assessed a fine in the amount of $500.  Citation # DREC-19-27, Case number RE-19-107724

BELKNAP, BRYAN, sales agent, Sandy, Utah.  In an order dated February 19, 2021, the Real Estate Commission granted Mr. Belknap's application for licensure as a real estate sales agent and placed his license on probation for the initial licensing period due to criminal history.  Docket No. RE-2020-012 and Case number RE-20-113254

BERGSTROM, DEREK, sales agent, St. George, Utah.  On October 27, 2020, the Division issued a citation to Mr. Bergstrom for multiple internet advertisements that did not contain his brokerage information.  The citation assessed a fine in the amount of $500.  Citation # DREC-20-16, Case number RE-20-117989

BOERSTRA, SCOTT, sales agent, Hooper, Utah.  A stipulated order dated December 16, 2020, involves two property transactions.  In the first transaction, Mr. Boerstra offered to assist a property owner with regard to a property scheduled to be sold at auction the following day.  Mr. Boestra told the property owner that he could prevent the foreclosure if the owner deeded his property a limited liability company.  The limited liability company would then rent the property back to the owner.  The owner did deed his property to the limited liability company but Mr. Boerstra did not disclose in writing that he was a licensed real estate sales agent or that because of his interest in the limited liability company, he was a principal in the transaction.  The owner refused to sign a lease agreement and was eventually evicted from the property.  Mr. Boerstra states that the underlying mortgage had a favorable interest rate, that there was no equity in the property, and that he believed that keeping the loan in place would improve the owner's credit and would allow him to retain the tax deduction for mortgage interest.  The Division does not join in these statements.

In the second transaction, a corporation owned and operated by Mr. Boerstra purchased a home from the sellers, paid $26,857 to bring the underlying mortgage current, and leased the property back to sellers.  The sellers failed to make several rent payments and were evicted.  Mr. Boerstra’s corporation then sold the property to a third party.  Prior to the execution of the purchase agreement, Mr. Boerstra did not disclose to the sellers in writing that he was a real estate licensee or that he was a principal in the transaction.  Mr. Boerstra agreed to pay a civil penalty of $20,000 for his conduct in both of these transactions and to complete 12 hours of continuing education in addition to the continuing education required for his next license renewal.  In addition, he agreed that his license would be suspended until July 31, 2022 and would then be placed on probation for the next renewal period through July 31, 2024.  Case numbers RE-17-93631 and RE-19-112562

BURK, BRANDON, sales agent, Cedar City, Utah.  In an order dated November 20, 2020, the Real Estate Commission granted Mr. Burk's application for licensure as a real estate sales agent, immediately suspended the license for one year, with the license to then be placed on probation for the remainder of the initial licensing period and for the following renewal licensing period.  Mr. Burk is required to notify the Division within ten business days if he is arrested or charged with class A or B misdemeanor or a felony, while his license is suspended or on probation.  The Commission took this action due to Mr. Burk's prior criminal history.  Case number RE-20-120954

CALDWELL, WILLIAM H., principal broker, Ogden, Utah.  On June 25, 2020, the Division issued a citation to Mr. Caldwell for failing to respond to a request by the Division in an investigation within 10 days after the request is served.  The citation assessed a fine in the amount of $1,000.  Citation # DREC-20-11, Case number RE-19-110883

CHECKETTS, JORDAN NORELL, sales agent, Brigham, Utah.  In an order dated January 7, 2021, Mr. Checketts'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-21-124063

CISNEROS, CRYSTAL, sales agent, South Jordan, Utah.  In an order dated January 15, 2021, Ms. Cisneros's license was granted, suspended for 30 days, and placed on probation for the remainder of the initial licensing period due to her failure to disclose a plea in abeyance agreement in her application for licensure.  Case number RE-21-124338

CROSBY, JUSTIN MICHAEL, sales agent, Ogden, Utah.  In an order dated February 23, 2021, Mr. Crosby's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-125204

DODD, SAMUEL, associate broker, Cedar City, Utah.  In a stipulated order dated February 17, 2021, Mr. Dodd admitted that he operated an unregistered call center soliciting real estate business using unlicensed personal assistants in violation of Utah law and administrative rules.  Mr. Dodd agreed to pay a civil penalty of $10,000, to complete six hours of continuing education in addition to the continuing education required for his next license renewal, and that his license be placed on probation through October 31, 2022.  Case numbers RE-18-103931, RE-19-108198, RE-19-110153, and RE-20-120552

EDMUNDS, DOUGLAS J., principal broker, Midvale, Utah.  On August 7, 2020, the Division issued a citation to Mr. Edmunds for failing to respond to a request by the Division in an investigation within 10 days after the request is served.  The citation assessed a fine in the amount of $1,000.  Citation # DREC-20-12, Case number RE-19-110630

EDWARDS, ROBERT WARREN, sales agent, Kaysville, Utah.  In an order dated December 15, 2020, Mr. Edwards's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-20-123492

EVANS, JESSICA L., sales agent, St. George, Utah.  In an order dated January 29, 2021, Ms. Evans's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-124658

GOMEZ, GILDA VANESSA, sales agent, West Valley City, Utah.  In an order dated February 24, 2021, Ms. Gomez's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-125231

GORDON, ALEX, sales agent, Park City, Utah.  In an order dated December 10, 2020, Mr. Gordon's license was reinstated and placed on probation for the renewal period due to a plea in abeyance agreement in a criminal matter.  Case number RE-20-123397

HENRY, BRETT, principal broker, Saratoga Springs, Utah.  In a stipulated order dated December 16, 2020, Mr. Henry admitted that he had paid sales commissions on several transactions to a sales agent or associate broker who was not affiliated with him at the time, and that he failed to exercise reasonable supervision over the activities of his licensed or unlicensed staff members, in violation of Utah law.  Mr. Henry agreed to pay a civil penalty of $5,000 and to complete five hours of continuing education in addition to the continuing education required for his next license renewal.  Docket No. RE-2020-021 and Case number RE-20-119271

HIDALGO, KEVIN ALEJANDRO, sales agent, Sandy, Utah.  In an order dated February 12, 2021, Mr. Hidalgo's license was granted, immediately suspended for 30 days, and then placed on probation for the remainder of the initial licensing period due to his failure to disclose criminal history in his application for licensure.  Case number RE-21-124958

JOHNSON, RANDY, sales agent, Riverton, Utah.  In a stipulated order dated January 20, 2021, Mr. Johnson admitted that he acted as both a limited agent and as principal in two transactions, in violation of Utah law and administrative rules.  Mr. Johnson 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-17-91408

KENWOOD, AUDREY LEIGH, sales agent, Millcreek, Utah.  In an order dated February 23, 2021, Ms. Kenwood's license was granted, immediately suspended for 30 days, and then placed on probation for the remainder of the initial licensing period due to her failure to disclose criminal history in her application for licensure.  Case number RE-21-125003

LAMOREAUX, DAVID, sales agent, St. George, Utah.  In an order dated December 24, 2020, the Commission denied Mr. Lamoreaux's application for licensure as a real estate sales agent due to his prior criminal history, his failure to disclose his prior criminal history in his application for licensure, and a prior administrative order denying him registration as a timeshare salesperson.  Case No. RE-20-117547

MANVILLE, NICHOLAS JOHN, associate broker, Salt Lake City, Utah.  In an order dated December 4, 2020, Mr. Manville's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-20-123247

MCCLUNG, CASEY EDWARD, sales agent, Wellsville, Utah.  In a stipulated order dated January 20, 2021, Mr. McClung admitted that he failed to disclose in his application for licensure a prior plea in abeyance agreement in a criminal matter, in violation of Utah law.  Mr. McClung agreed that his license be placed on probation during the remainder of the initial licensing period and to pay a civil penalty of $500.  Case number RE-20-123395

MCLANE, BOONHEE, sales agent, Herriman, Utah.  In an order dated February 23, 2021, Ms. McLane'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-21-125197

MEACHAM, LAURIE, associate broker, River Heights, Utah.  In a stipulated order dated January 20, 2021, Ms. Meacham admitted that she advertised a property for which the listing had expired and without the owner's written consent, and that she failed to include her brokerage information in the ad.  She admits that her actions violated Utah law and administrative rules.  Ms. Mecham agreed to pay a civil penalty of $1,150 and to complete six hours of continuing education in addition to the continuing education required for her next license renewal.  Case number RE-19-108723

MELARA, BOBBY, sales agent, Pleasant Grove, Utah.  In an order dated December 17, 2020, Mr. Melara's license was granted, suspended for 30 days, and then placed on probation for the remainder of the initial licensing period due to his failure to disclose criminal history in his application for licensure.  Case number RE-20-123570

NEWLAND, DANE R., principal broker, Sandy, Utah.  In an order dated December 22, 2020, Mr. Newland's license was renewed and placed on probation for one year due to a plea in abeyance agreement in a criminal matter.  Case number RE-20-123662

O'DONNELL, STEVEN, sales agent, Santaquin, Utah.  In an order dated December 23, 2020, Mr. O'Donnell's license was granted and placed on probation for the initial licensing period and until he has paid or satisfied certain judgments entered against him.  This action is due to his criminal history and unpaid civil judgments. Case number RE-20-123679

PARKER, TRAVIS WILLIAM, sales agent, Vineyard, Utah.  In an order dated December 17, 2020, Mr. Parker's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-123578

PERRY, JACK, sales agent, Salt Lake City, Utah.  On February 24, 2021, the Division issued a citation to Mr. Perry for multiple social media advertisements that advertised in the name of the Perry Group and did not contain his brokerage information.  The citation assessed a fine in the amount of $150.  Citation # DREC-21-2, Case number RE-20-122831

PHELPS, BRANDON, sales agent, Farmington, Utah.  In an order dated February 23, 2021, Mr. Phelps's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-125184

RICHMOND, REGAN T., associate broker, Sandy, Utah.  In a stipulated order dated December 16, 2020, Mr. Richmond admitted that he participated in two foreclosure rescue plans.  In the first plan, a person was required to transfer title to real estate to the licensee or to a third-party with whom the licensee has a business relationship or financial interest.  The second plan involved a buyer entering into an agreement that was not disclosed to the lender, and, if it had been disclosed, might have had a material effect on the terms or the granting of the loan.  This conduct is in violation of Utah law.  Mr. Richmond agreed that his license should be placed on probation for a period of one year, that he would pay a civil penalty of $9,000, and that he would complete six hours of continuing education in addition to the continuing education required for his next license renewal.  Docket No. RE-2020-015 and Case numbers RE-16-86570, RE-17-92736, and RE-17-95082

RYDALCH, TERESA, sales agent, Stansbury Park, Utah.  In an order dated January 14, 2021, Ms. Rydalch's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-124297

SALLADE, ALEXANDER, sales agent, Salt Lake City, Utah.  In an order dated December 15, 2020, Mr. Sallade'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-20-123494

SMITH, TYLER J. AND SMITH REALTY GROUP, sales agent, Manti, Utah.  On October 26, 2020, the Division issued a citation to Mr. Smith and the Smith Realty Group for multiple advertisements of his real estate services on the internet under the name Smith Realty Group and did not disclose the name of the brokerage with which he is affiliated.  The citation assessed a fine in the amount of $1,000.  Citation # DREC-20-13, Case number RE-20-119296

STANWORTH, BRAXTON NATHAN, sales agent, Bluffdale, Utah.  In an order dated December 23, 2020, Mr. Stanworth's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-123664

STEVENS, EVAN GREG, sales agent, Santa Clara, Utah.  In an order dated January 7, 2021, Mr. Stevens's license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number RE-21-124078

STORY, KYLER R., sales agent, Sandy, Utah.  In an order dated December 1, 2020, Mr. Story's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-20-123168

SUMSION, MATTHEW, sales agent, Springville, Utah.  In a stipulated order dated December 16, 2020, Mr. Sumsion admitted that he had placed an internet advertisement for the sale of a residential property without the written consent of the owner and that the advertisement was false, misleading, or deceptive.  This conduct is in violation of Utah law and administrative rules.  Mr. Sumsion agreed to pay a civil penalty of $1,000 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal.  Docket No. RE-2020-022 and Case number RE-19-108726

VANDERLAAN, STEVEN R., principal broker, South Jordan, Utah.  In a stipulated order dated December 16, 2020, Mr. Vanderlaan admitted that he did not promptly return earnest money received in conjunction with a cancelled real estate transaction, despite his client's numerous written requests.  Mr. Vanderlaan's conduct violated Utah law.  He agreed to pay a civil penalty of $1,000 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal.  Case number RE-17-91201

VIAU, MARK PADILLA, sales agent, Layton, Utah.  In an order dated January 25, 2021, the Real Estate Commission denied Mr. Viau's application for licensure as a real estate sales agent due to his criminal history.  Case number RE-20-122806

VIRGEN, BARBARA, sales agent, West Valley City, Utah.  In an order dated December 30, 2020, Ms. Virgen's license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number RE-20-123884

WHITNEY, GEORGE P., sales agent, Ogden, Utah.  In an order dated January 22, 2021, Mr. Whitney's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-124393

WILSON, KYLE, sales agent, Provo, Utah.  In a stipulated order dated February 17, 2021, Mr. Wilson admitted that he continued to work as a real estate sales agent during a period of time when his license status was inactive and also continued working after his license had expired.  During these time periods, he represented clients and was compensated in five real estate transactions.  In one of the transactions, Mr. Wilson advertised the property for sale without first obtaining the written consent of the property owner.  In mitigation, Mr. Wilson attempted to renew his license with the Division but failed to complete the renewal process and pay the renewal fee.  He admits that his actions violated Utah law and administrative rules.  Mr. Wilson agreed to pay a civil penalty of $7,500 and to complete six hours of continuing education in addition to the continuing education required for his next license renewal.  Case number RE-20-117346

TIMESHARE

POLLMANN, CONNOR J., salesperson, Laverkin, Utah.  In an order dated December 30, 2020, Mr. Pollmann's application for registration as a timeshare salesperson was denied due to his failure to disclose criminal history in his application.  Case number TS-20-123857

arrow_upward BACK TO TOP arrow_upward

---

Credits

---

In this issue:

• Director's Message – Review of all Regulated Occupations and Professions
• RAP Back Fingerprinting Resumes
• New Division Website
• Rule Developments Since March 1, 2020
• New License Data and Current Licensing Statistics
• Violations Summary from 2020
• Kagie's Korner – Fiduciary Duty to Your Clients
• Farewell to Commissioners
• Division Staff Spotlight — Sydney Joy
• ASB USPAP Extension
• Mortgage 5 Hour Course
• Second Quarter Licensing & Disciplinary Actions
• Instructor Development Workshop Registration
• Credits

---

Director's Message – Review of All Regulated Occupations and Professions

On January 4, 2021, in their first official action in office, Governor Cox and Lt. Governor Henderson signed an executive order directed to all Executive Branch agencies that establish administrative rules or other regulations for an occupational or professional license. The executive order required all of these agencies to:

review administrative rules and other regulations for occupational or professional licenses within the agency's scope of authority and identify rules and regulations that are no longer necessary or can be amended to reduce barriers to working while still protecting the health, safety, and well-being of Utah residents.

In addition to the review, all agencies were required to submit a report to the Governor's Office, no later than June 30th, outlining recommendations.

Since January, Division staff performed an extensive review of all statutes and rules flagging anything that appeared to be a barrier to entry or an unreasonable regulation.  We then prioritized all flagged sections in the following way:

1. Must Review
2. Should Review
3. Could Review
4. Would like to Review

We have taken a closer look at all flagged items in the first two categories, and are considering the following statutory and administrative rule changes:

Real Estate

Statutory

61-2f-402(5)(a) – If a person is found to have violated this chapter, the person shall pay the costs incurred by the division.

We have never charged a licensee for costs incurred during an investigation. We are proposing to remove this section.

61-2f-402(5)(b) – If a person fails to pay the costs outlined in 61-2f-402(5)(a), their license is suspended.

Because we have never charged a licensee for costs incurred during an investigation, it is not necessary to have a provision that would suspend a license for failure to pay. We are proposing removing this section.

61-2f-207(2) – The division may charge a fee established by the commission with the concurrence of the division...for processing any notification of change submitted by an applicant, licensee, registrant, or certificate holder.

The division does not charge these fees and we are proposing removing this section.

61-2f-204(1)(e)(ii) – A licensee is immediately and automatically revoked if the criminal background check discloses the applicant fails to accurately disclose a criminal history involving:

• The real estate industry
• A felony conviction on the basis of an allegation of fraud, misrepresentation, or deceit.

We are proposing removing the provision about automatic revocation and giving the Division and Commission discretion.

Administrative Rule

R162-2f-401l – This is the Gifts and Inducements section of Administrative Rule.

The Division and Commission do not have rulemaking authority for this section. We are proposing adding rulemaking authority in the 2022 legislative session.

R162-2f-105 ” Any fee collected by the division is nonrefundable.

In statute it states that application fees are nonrefundable. Section 105 goes beyond what is in statute and there are "isolated instances" when the Division refunds fees. We are proposing to remove this reference.

R162-2f-202d – Requires a licensee to pay a fee to add a property management sales agent designation and a fee to remove the designation.

We are proposing removing the requirement to pay a fee to remove the designation.

R162-2f-202b(5)(c) – This section is about property management principal broker license, which the division ceased issuing May 8, 2013.

We are proposing removing this section.

Appraisal

Administrative Rule

R162-2g-310(4) – The board may not issue a license or certification to an applicant who has been convicted of a criminal offense involving moral turpitude relating to the applicant's ability to provide services as an appraiser.

During the 2020 Legislative Session, we removed several references to crimes of moral turpitude, as it is a subjective term. We plan to remove this reference as well.

Appraisal Management

Statutory

61-2e-401(2)(a) – If a person is found to have violated this chapter…the person shall pay the costs incurred by the division.

Similar to 61-2f-402(5)(a) referenced above. We have never charged an appraisal management company for the costs incurred during an investigation. We are proposing removing this section.

Mortgage

Statutory

61-2c-203(1)(b) – requires an applicant to demonstrate good moral character.

This is an ambiguous term, and not defined in statute. We are proposing removing this reference.

61-2c-402 – According to the SAFE Act, if a mortgage license is revoked it is a lifetime revocation unless the revocation is formally vacated. Utah Law does not allow for the vacation of a revocation.

We are proposing adding a provision to allow for a mortgage licensee whose license was revoked, to have the revocation potentially vacated after a hearing in front of the Mortgage Commission and certain conditions or requirements are met.

61-2c-202(1)(c)(ii) – pay the division:

• An application fee established by the division...; and
• The reasonable expenses incurred by the division in processing the application for licensure.

We have never charged a mortgage applicant more than the application fee. We are proposing removing reference to the reasonable expenses incurred by the division.

Administrative Rule

R162-2c-201(1)(a)(i) – To obtain a Utah license to practice as a mortgage loan originator, an individual who is not currently and validly licensed in any state shall:

• Evidence good moral character.

Similar to previously referenced provisions, good moral character is an ambiguous term. We plan to work with the Commission to remove this reference.

R162-2c-202(1) – Individual applicants and control persons shall evidence good moral character, honesty, integrity, and truthfulness.

Once again, we plan to work with the Commission to remove the ambiguous reference to good moral character.

R162-2c-202(1)(a)(i)(C)(I) – An applicant may not have…a misdemeanor involving moral turpitude.

As previously mentioned, during the 2020 Legislative Session, we removed several references to moral turpitude in statute. We plan to remove references in administrative rule as well, as this term is subjective.

R162-2c-203(6)(h)(ii)(A) – To renew an instructor certification for Utah-specific prelicensing education, an applicant shall submit to the division:

• Evidence of having taught at least 20 hours of classroom instruction in a certified mortgage education course during the preceding two years.

With a significant amount of education moving to virtual platforms, we plan to work with the Commission to amend this rule to allow the 20 hours to also be obtained via virtual learning platforms.

R162-2c-301b – During the 2020 Legislative Session, the rulemaking authority for the Employee Incentive Program was removed as part of another amendment.

We plan to work with the Commission to remove this section in its entirety.

We will continue to review flagged items in the "Could Review" and "Would Like to Review" categories, which could lead to additional proposed amendments. In addition to this review process, the Department is looking at developing a systematic way to periodically review regulations. We have appreciated the opportunity to take a closer look at our statutes and rules and believe that a periodic review is important in maintaining relevant and reasonable regulations.

arrow_upward BACK TO TOP arrow_upward

---

RAP Back Fingerprinting Resumes

As mentioned in our 1st Quarter Newsletter, fingerprinting for RAP Back would most likely return for those renewing in July. Those renewing in July should have already received their renewal notices, notifying them that fingerprinting will be required in order to renew.

This article contains the most up-to-date and important information about RAP Back fingerprinting.  Division staff have been extremely busy with the continued increase in licensing numbers. Please read the entire article before calling the Division.  We are always happy to assist if you have specific questions that have not been answered in this article.

In an effort to help all licensees avoid any delays in license renewal, these are the most common questions we receive about RAP Back and license renewal:

1. What is Rap Back?

   "The Rap Back service allows authorized agencies to receive notification of activity on individuals who hold positions of trust (e.g. school teachers, daycare workers [and now real estate and appraisal licensees]), thus eliminating the need for recurring background checks on a person from the same applicant agency..."  (https://www.fbi.gov/services/cjis/fingerprints-and-other-biometrics/ngi)


2. Who has to be fingerprinted?

   S.B. 140 from the 2019 Utah Legislative Session requires all active and inactive real estate agents, brokers, and all appraisers to be fingerprinted and enrolled in RAP Back.

3. What is the cost?

   The Bureau of Criminal Identification ("BCI") charges $40 for processing fingerprints and $5 to enroll a licensee in RAP Back. Third Party fees: Depending on where you get fingerprinted, there may be additional fees.

4. When should licensees be fingerprinted?

   Licensees should be fingerprinted in their renewal window*.  Appraisers have a renewal window of three months before expiration and real estate licensees have a renewal window of 45 days prior to expiration.  *Because of the complexity of RAP Back, July renewals had a shorter renewal window.

5. Why do licensees need to wait until their renewal window to be fingerprinted?

   As mentioned above, the fee for fingerprint processing and RAP Back enrollment is $45.  When a licensee's fingerprints are submitted to BCI, BCI bills the Division the $45.  A licensee will not pay the $45 until they renew their license.  The Division needs to collect the funds from licensees to pay BCI for the processing of fingerprints and enrollment in RAP Back.

6. Where can licensees be fingerprinted?

   The Division of Real Estate has tried to make it as convenient as possible for licensees to be fingerprinted.  During the process detailed in number 7 below, licensees will be given a list of fingerprinting locations.  Please select one of the locations to have your fingerprints taken.  If you select the Division, please keep in mind that while the Division does offer fingerprinting services, we do so by appointment only and require licensees to wear a mask.  Please schedule your appointment on the Division's website before arriving at the Division.  Remember that there are numerous other locations that offer fingerprinting services including most police stations.

7. What do you need to do prior to being fingerprinted?
   1. To renew their license, each Real Estate and Appraisal licensee must visit the RAP Back page on the Division's website: https://realestate.utah.gov/rapback/ to review and sign a Consent to Background Check Form.  This will all be done electronically and licensees will have the ability to print a copy of the completed form for their own records.
   
   2. After, and only after the licensee reviews and electronically signs the consent form, will they have access to the Authorization for Direct Electronic Submission Form that licensees are required to take with them to be fingerprinted. The form requires you to enter specific information that must be presented to your fingerprint vendor. Only forms with electronically entered licensee information should be provided to your fingerprint vendor (hand written information on the form is prohibited). Please do not make copies of this authorization form for other licensees; the FBI requires that each licensee sign the consent form. Failure to review and sign the consent form on the Division’s website would likely prevent you from being able to be fingerprinted and renew your license.
   3. The Consent to Background Check form and the Authorization for Direct Electronic Submission Form can be found on the Division website at (https://realestate.utah.gov/rapback/). The system will only let you proceed when you are authorized to be fingerprinted (based on information found in Question 4 above).
8. What should you take with you when being fingerprinted?
   1. A copy of your license, or at least your license number, as you must submit your license number with your fingerprints;
   2. Valid driver’s license or passport; and,
   3. The Authorization for Direct Electronic Submission Form that you can print on our website once you have completed the Consent to Background Check Form. Print the completed authorization form and bring the form with you when you are fingerprinted. If you do not have all the requested information on the authorization form, you may not be fingerprinted, or your background check may not properly link to your license, which could delay your license renewal.
9. What is the timeframe after being fingerprinted?

   If you are fingerprinted using Direct Electronic Submission the processing time is typically up to 5 days.  If you are fingerprinted using paper fingerprint cards (Two Original FD-258 Fingerprint Cards) it can take 15-30 days to process.  Keep this in mind when deciding when and where to be fingerprinted.  If you know you will be using a location that only does paper fingerprint cards, plan accordingly.

   You will be prevented from renewing your license until the RELMS system receives an electronic acknowledgement from the Utah Bureau of Criminal Identification (BCI) that you have submitted your fingerprints to the FBI for processing, you have no criminal history, or the Division has reviewed your criminal history.

10. What should you do with fingerprint cards?

    Most Direct Electronic Submission locations will still print off a fingerprint card for your records.  The only time you need to send the fingerprint cards to the Division is if your fingerprints were not electronically submitted to BCI.  If you are unsure, please ask the third-party provider if your fingerprints have been direct electronically submitted to BCI.  If they have been electronically submitted to BCI, you may retain the cards for your own records.  If they have not been submitted electronically to BCI, you may send the printed fingerprint cards (Two Original FD-258 Cards) along with the Fingerprint Card Submission Form to the Division and we will submit the cards electronically to BCI.

11. What about Dual Brokers?

    Dual Brokers only need to be fingerprinted for their principal broker license.

12. What about those holding another license?

    If you are a real estate agent and appraiser, you must be fingerprinted for each license type you hold.  In addition, if you are already enrolled in RAP Back because you have been enrolled for another reason, you still must be fingerprinted and enrolled for each license you have with the Division.  The FBI requires separate enrollment for each license type.

13. Do licensees have to be fingerprinted again?

    Once you are enrolled in RAP Back you will stay enrolled as long as you maintain your license and renew on time. Allowing your license to expire may result in removal from the RAP Back system requiring you to resubmit to a background check.

I hope this gives you a better understanding of what RAP Back is and what to expect the next time you renew your license. I know this is an inconvenience, but hope that you all see the value this will add to your industry.

arrow_upward BACK TO TOP arrow_upward

---

New Division Website

For several months the Division of Real Estate has been working on a new website: https://realestate.utah.gov.  Several industry members assisted in testing during the development stage and we appreciate all their time and feedback.  As with any new website, there will be glitches or things we have overlooked.  Please explore our new website and send any feedback you have to realestate@utah.gov.  Thanks!

arrow_upward BACK TO TOP arrow_upward

---

Rule Developments Since April 1, 2021

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 recently adopted or proposed rule amendments under consideration for the Appraisal Management Company rules.

Appraisal

A prior rule amendment added Subsection 502(8) to the Real Estate Licensing and Certification Rules (Appraisal Rules).  Subsection 502(8) was intended to clarify the rule relating to property inspections.  However, members of the appraisal management and financial services industries raised questions and concerns about Subsection 502(8) and the collection of property data for use in an appraisal.  The public comment period about whether to delete Subsection 502(8) ended March 31, 2021.  The Real Estate Appraiser Licensing and Certification Board (the "Board") considered deleting Subsection 502(8) from the Appraisal Rules.  The Board held a public hearing and considered all public comments received during the public comment period.  The Board decided to delete Subsection 502(8) from the Appraisal Rules.  On April 28, 2021, Subsection 502(8) was deleted from the rule.

Mortgage

The Residential Mortgage Regulatory Commission (the "Mortgage Commission") has decided to consider a possible rule amendment that would clarify the timing of the required five-year fingerprint background check and five-year credit report check.  The purpose of the proposed rule amendment is to clarify that the time frame for these checks required by the state corresponds with the time frame accepted by the Nationwide Multistate Licensing System & Registry (NMLS).  This proposed rule amendment would save a considerable amount of staff time during the annual license renewal period and would expand the timeframe licensees can submit their background check and credit report.  Language for the proposed rule amendment is currently being drafted by the Division for consideration by the Mortgage Commission.

Real Estate

On June 8, 2021, the Real Estate Commission approved a significant rule amendment affecting numerous sections of the Real Estate Licensing and Practices Rules.  The Real Estate Commission organized committees to consider the broker supervision and the trust account rules.  These committees met and presented recommendations to the Real Estate Commission for possible rule amendments.  Additional sections were also amended.  The following sections of the rule were amended:

Section 102 — The amendment added "mandatory course" to the definition of "continuing education" and added the definition of "virtual-live continuing education" to the rule.

Section 201 — The amendment eliminated the required denial of an application for licensure of an applicant convicted of certain crimes.  Instead of mandatory denial required by the prior rule, the amendment provides discretion to the division to evaluate whether to deny a license, or to issue a license, or a restricted license, to an applicant with such criminal history.  The amendment provides that the division give particular consideration to certain identified categories of criminal conduct in reaching a licensing decision.

Section 202a — The amendment clarifies that an individual must pass both the state and national components of the licensing examination within 12 months of completion of the applicant's prelicensing education and, in rare circumstances extends, the deadline for application to 90 days from the date the applicant achieves a passing score on both examination components.

Section 205 — The amendment added "assumed name" as a category of businesses that are required to register with the division.

Section 206c — The amendment added virtual-live continuing education (CE) to the approved categories of CE.  Although virtual-live CE was initially developed in response to social distancing required by the Covid-19 pandemic, virtual-live CE is not a temporary solution but is now a permanent option for CE instruction.  CE providers are not required to provide virtual-live CE but this optional format may be used to reach potential participants.  The rule amendment establishes minimum standards for virtual-live CE including class size limits, the use of monitoring assistants, and communication requirements including microphones and live cameras.  The amendment does not change or restrict the existing CE options of traditional CE and distance education.  In addition, the amendment also identifies the types of mandatory CE courses provided for in the prior rule.  Virtual-live education is only allowed for courses that are specifically approved for Virtual-live continuing education.  Virtual-live education is NOT authorized for prelicense education.

Section 401c — Utah law and administrative rules require that a broker provide active and reasonable supervision of each licensee and unlicensed staff member employed by or affiliated with the broker.  The rule amendment provides direction to brokers as to the minimum standard for active and reasonable supervision while retaining the safe harbor to protect a broker who meets or exceeds the minimum supervision standard from liability for violations of law or rule by persons supervised by the broker.

Section 401k — The amendment clarifies that:

1. monthly reconciliation records are among those trust account records required to be maintained and safeguarded by a broker; and
2. a broker must maintain records from a lease transaction for at least three years following the year in which the lease agreement is terminated.

Section 403a — The amendment rearranges and combines the provisions of trust account rules previously found in sections 403a and 403b for a real estate company and adds the following provisions:

1. a broker must notify the division if the trust account is moved to another bank or credit union or the trust account number is changed;
2. non-traditional electronic transfers of funds are expressly allowed;
3. a broker is required to reconcile brokerage trust account records with the brokerage client records at least monthly;
4. a broker is required to transfer funds out of the trust account and into an operating account prior to further disbursing the funds; and
5. with the client’s written consent, a broker may reallocate earnest money funds from a failed transaction held in a trust account as earnest money for the same client in another transaction.

Section 403b — The amendment rearranges and combines the provisions of trust account rules previously found in sections 403a and 403c for a property management company and adds the following provisions:

1. a broker must notify the division if the trust account is moved to another bank or credit union or the trust account number is changed;
2. non-traditional electronic transfers of funds are expressly allowed;
3. a broker is required to reconcile brokerage trust account records with the brokerage client records at least monthly;
4. a broker may deposit up to $10,000 of the broker’s own funds into a property management trust account;
5. a broker must transfer earnings for property management services out of the trust account and into an operating account within 60 days of the date the earnings are earned according to contract and received; and
6. a broker is required to transfer funds out of the trust account and into an operating account prior to further disbursing the funds.

Section 403c — The previous provisions of this section have been combined into Section 403b. The rule amendment deleted this section.

Timeshare and Camp Resort

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

arrow_upward BACK TO TOP arrow_upward

---

New License Data and Current Licensing Statistics

The Division of Real Estate continues to see an increase in new applications. Here is a look at new applicant data from 2019 through the end of 2nd Quarter 2021, as well the overall licensing statistics for all industries.

arrow_upward BACK TO TOP arrow_upward

---

Violations Summary for 2020

by Laurel North – Lead Investigator

Here's a compiled pie chart primer for each industry of the Disciplinary Actions included in the Division of Real Estate Newsletters in 2020.  Hopefully, it's a quick and easy refresher to help you master the potential pitfalls that could hinder your business license.

AMC Violations.  The categories are self-explanatory as you view the AMC Violations pie chart.

Appraisal Violations.  If you have agreed to appraise a mixed-use residential/commercial building, or land where the highest and best use of the land exceeds a one-to-four residential unit use, you need to have a Certified General Appraiser License or the assistance of a Certified General Appraiser to fulfil the commercial aspect of the appraisal.

Mortgage Violations.  The Criminal History Violations include applicants with a criminal history as well as those who hold a current license.  The penalties for applicants range from denial of an application to license granted on suspension and/or probation.  The penalties for current licensees range from revocation, suspension, and/or probation, and potential fines.  The "Other" category includes violations in advertising, non-disclosure of hidden payments or fees, falsified documents, and unlicensed activity.  All other categories are self-explanatory.

Real Estate Violations.  Within each category are grouped "like" items, for example: advertising includes, false and misleading advertising as well as not listing your brokerage on advertising.  Fiduciary duties you owe your client would be violations including not being loyal, obedient, fully disclosing, confidentiality, using reasonable care and diligence, and holding safe monies entrusted to you.  The Trust Account and Supervision category includes broker responsibilities like supervising all aspects of the brokerage including agents, trust account reconciliation, and accounting.  The "Other" category includes failure to respond to Division requests, withholding evidence, non-disclosure of licensee's status when a principal in a transaction, working with an expired license, and not using state approved forms.  The other categories are self-explanatory.

The Real Estate Criminal History Violations are not included in the Real Estate Violations pie chart because those statistics deeply skew the other categories.  Below, you will see the heavy toll that Criminal History is taking on both applicants and current licensees.  The penalties for applicants range from denial of an application, license granted on suspension and/or probation.  The penalties on current licensees range from revocation, suspension, and/or probation, and possible fines.

Specific Division statutes and rules have not been included in this article but if you desire more detailed information about these violations, we welcome your call or email.

arrow_upward BACK TO TOP arrow_upward

---

Kagie's Korner

Fiduciary Duty to Your Clients

In today's extremely hot real estate market, many buyers are submitting offers that contain terms and language which could potentially place them at financial risk or actually harm them. The Division would like to remind all real estate licensees the importance of informing clients of their options and potential ramifications they might incur when entering into legally binding, yet potentially unsafe, if not precarious, Real Estate Purchase Contracts. Here are just a few representative examples:

1. Agent Speedy has a client that viewed a house that just went on the market.  The buyer is excited and wants to make an offer that the seller cannot refuse.  Agent Speedy includes in the offer that the $30,000 earnest money will be nonrefundable upon acceptance and fails to thoroughly explain to his client what that means.  When the buyer asks, Agent Speedy replies that it is what the client needs to do to get their offer accepted.  The seller accepts the offer, and the client is very happy.  A few weeks later the buyer's loan officer tells the buyer that they cannot qualify for a loan.  The client goes to Agent Speedy prior to the finance deadline and tells him to cancel the contract due to financing conditions not being agreeable to the client.  The client is shocked and dismayed when Agent Speedy reluctantly informs them that they will not be getting their earnest money back due to the fact that it became nonrefundable upon acceptance.
2. Agent Lax submits an offer for a buyer that includes the buyer waiving the due diligence condition in the REPC, hoping to induce the seller to accept the offer.  The seller accepts the offer and fails to disclose a serious known defect with the property.  The buyer does not perform any due diligence inspections or testing because they cannot cancel the contract using the due diligence condition. The transaction closes and while moving into the home, a neighbor asks if "…they were aware that the seller went to jail for cooking meth on the property." The client immediately gets the property tested for meth only to find that it is heavily contaminated.
3. Agent Quick, finds a seller and puts their home on the market.  Within the hour, the seller accepts an offer which contains no contingencies.  The sellers ask Agent Quick to help them find a new home and they have two months to move out.  They spend every day for a month and a half looking for a new home without securing a suitable replacement home or placing another property under contract.  The Seller desperately asks Agent Quick if they can cancel the contract and just stay were they are.  Agent Quick informs the sellers that if they default the buyer can sue for specific performance on the binding contract.
4. Agent Many has a listing, the property just went on the market yesterday and by 5:00 pm this afternoon received 53 offers.  Agent Many is concerned that the seller would be over whelmed by the multiple offers, she therefore presents "what she believes" are the three "best offers" to the seller, and does not mention the other fifty.  After going under contract, the seller is contacted by an old friend to see if they received their offer.  The seller asks Agent Many about the friend's offer and why it was not presented.  Agent Many informs the seller that she only presented three offers.

Agents, your fiduciary duties include looking out for your client's best interests.  In fulfilling your fiduciary duties, you should explain and work to ensure that your client understands the potential risks (as well as the benefits) so they can make knowledgeable and well-informed decisions.  Failing to help a client understand the ramifications of their decisions could place you in violation of one or more of the following statutes:

61-2f-401 (1) (e) making a false representation or promise of a character likely to influence, persuade, or induce;

61-2f-401 (7) being incompetent to act as a principal broker, associate broker, or sales agent in such manner as to safeguard the interests of the public;

61-2f-401 (15) breaching a fiduciary duty owed by a licensee to the licensee's principal in a real estate transaction;

Please use great care and diligence in helping your clients make complete and informed decisions as to what terms and conditions they are offering or accepting in a purchase contract.  The Division suggests asking your broker for help when faced with multiple offers or when the transaction becomes more complicated than usual.  Avoid having a complaint filed against you by being one of the agents cited in the above examples.  Take good care of your clients and look out for their best interests.

arrow_upward BACK TO TOP arrow_upward

---

Farewell to Commissioners

The Division would like to bid farewell to some amazing commissioners, whose terms are coming to an end:

We would like to thank these outstanding individuals for their dedicated service to better our industry.  Their wisdom has been an asset over the past eight years and they will be greatly missed.

arrow_upward BACK TO TOP arrow_upward

---

Staff Spotlight — Sydney Joy

Meet Sydney Joy!  Sydney has been employed with the Division for six months.  She was originally hired as our receptionist, but has now taken on the role of Appraiser Licensing Specialist.  Sydney finds her colleagues to be her favorite part of working at the Division.  She states, "They're fun, smart, and wonderful people, who make this a good place to be." (We didn't pay her to say that...promise!)

Prior to her employment at the Division, Sydney graduated college with a Bachelors of Fine Arts in Ballet.  She feels that her time spent studying ballet taught her a strong work ethic and gave her the ability to adapt to many situations.

Sydney is artistic and enjoys the beauty of many art forms.  She spent time working at a local yarn store where she learned the art of knitting.  In her spare time you will most likely find her listening to a podcast while knitting a sweater or sewing clothes.  She also has a strange talent for memorizing song lyrics.  She generally only needs to hear a song a few times and then she says, "It is stuck in my brain forever."

Though separated by distance, Sydney is very close to her family.  She grew up in Napa, California, where her parents still reside.  Her father is the sixth generation of her family to grow grapes, continuing a tradition that started back in Sicily.

The Division is lucky to have Sydney on our team.  She is very bright and has performed exceptionally well in everything she has been tasked with.

arrow_upward BACK TO TOP arrow_upward

---

ASB USPAP Extension

The Appraisal Standards Board (ASB) announced the extension of the current edition of the Uniform Standards of Professional Appraisal Practice (USPAP) by one year.  The 2020 – 2021 USPAP will now be effective until December 31, 2022.

The ASB Chair (Wayne Miller) made the following statement following the USPAP extension announcement:

        "“...Pressing issues have arisen in our profession over the past year ranging widely from concerns about fair housing matters to how to conduct a socially distanced property inspection.  USPAP is a maturing document, and it can take longer to study the complex issues facing our profession and how they will impact our standards.  We believe all of these are all critical issues and deserve thoughtful consideration before we issue guidance.  With that in mind, we have decided to extend the effective date of the current USPAP one year.  This will provide continuity to the profession during this pandemic while also giving the ASB the appropriate time to carefully examine the challenges facing our profession before offering additional guidance."

Since 2003 every appraiser has been required to "successfully complete the 7-hour National USPAP Update Course, or its AQB-approved equivalent, every two calendar years."  The requirement to take the 7-hour course is not tied to the effective date or length of the effective dates of the current edition of USPAP.  Extending the effective date of USPAP is an ASB decision, and it has no bearing on the AQB requirement for the 7-hour course.

If I took a 7-hour USPAP course last year, I am due to take the course again next year?  Will the 2022 course be the same one that was offered in 2020 – 2021?

"No.  A new 2022–2023 7-Hour National USPAP Update Course is currently being written and will be released on October 1, 2021 (and will be available to students shortly thereafter)."

The 2022 – 2023 7-Hour USPAP Update Course does not contain the same course materials as the 2020–2021 course.

Copyright © 2020 The Appraisal Foundation

arrow_upward BACK TO TOP arrow_upward

---

Mortgage 5 Hour Course

Mortgage loan originators who were or will be either initially licensed or relicensed in Utah between 11/01/2020 to 10/31/2021 are required to complete the 5-Hour Utah MLO CE Course by October 21, 2021 for a timely renewal when the renewal period commences on November 1st.  If an MLO has not completed the course by Oct 21, 2021 they will be prevented from renewing until the course is completed and the hours have been banked on the NMLS.

MLOs who still need to complete the course can find providers for this course on the Division's Website or on the NMLS website.  To verify course completion, please check your Course Completion and Compliance Record on the NMLS by logging in to the NMLS, then click on the Composite View tab, then click on View Individual on the top sub-menu, then click on View Education Record on the left navigation panel.  Approved course providers have seven (7) calendar days to bank a student's hours on the NMLS.

arrow_upward BACK TO TOP arrow_upward

---

Second Quarter Licensing & Disciplinary Actions

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: https://realestate.utah.gov/actions

APPRAISAL/AMC

There were no disciplinary or licensing actions in the appraisal or AMC industries in the second quarter.

MORTGAGE

CUMMINGS, NATHAN, mortgage loan originator, Pleasant Grove, Utah.  In an order dated April 8, 2021, the Utah Residential Mortgage Regulatory Commission granted Mr. Cummings a license to practice as a mortgage loan originator.  The license was placed on probation for the initial licensing period due to criminal history.  Case number MG-2021-002

POSTAK, DANIEL JAY, mortgage loan originator, Phoenix, Arizona.  In an order dated May 21, 2021, Mr. Postak's application for licensure was denied due to findings entered by the Nebraska Department of Banking and Finance that in his application for licensure in Nebraska he had made misrepresentations which reflected negatively on his good moral character, integrity, and competence.  Case number MG-21-127199

REAL ESTATE

ABPLANALP, TAWSON SCOTT, sales agent, South Jordan, Utah.  In an order dated March 18, 2021, Mr. Abplanalp'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-21-125744

ABU-SAFIJE, MERIJAM, sales agent, West Valley City, Utah.  In an order dated March 3, 2021, Ms. Abu-Safije's license was granted and immediately suspended for 30 days for failing to disclose criminal history in her application for licensure.  Following the 30-day suspension, Ms. Abu-safije's license will be on probation for the remainder of the initial licensing period.  Case number RE-21-125410

ADULOVIC, TEA, sales agent, West Valley City, Utah.  In an order dated April 27, 2021, Ms. Adulovic's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-126656

ALMEIDA-COLOM, RAFAEL, sales agent, Provo, Utah.  In an order dated March 31, 2021, Mr. Almeida-Colom'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-21-126031

ANDERSON, TYLER JAMES, sales agent, Salt Lake City, Utah.  In an order dated April 7, 2021, Mr. Anderson's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-126146

ANDERSON, ZACHARY A., sales agent, Draper, Utah.  In an order dated March 3, 2021, Mr. Anderson's license was reinstated and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-125398

BECKSTEAD, PAUL WESLEY, sales agent, Salt Lake City, Utah.  In an order dated May 27, 2021, Mr. Beckstead's license was granted and placed on probation for the initial licensing period due to criminal history and unpaid child support.  Case number RE-21-127374

BLANCHARD, BREVAN CRAIG, sales agent, Millville, Utah.  In an order dated May 4, 2021, Mr. Blanchard'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-21-126811

BOLLOW, RUSSELL P., sales agent, Salt Lake City, Utah.  In an order dated March 19, 2021, Mr. Bollow's license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number RE-21-125778

CONGRAM, DANIEL P., sales agent, Salt Lake City, Utah.  In an order dated March 26, 2021, Mr. Congram's license was renewed and placed on probation for one year due to a plea in abeyance agreement in a criminal matter.  Case number RE-21-125929

ESPARZA, ANTHONY ALEXANDER, sales agent, South Jordan, Utah.  In an order dated May 5, 2021, Mr. Esparza's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-126861

HARDEY, SCOTT D., associate broker, West Jordan, Utah.  In a stipulated order dated March 17, 2021, Mr. Hardy admitted that he conducted business through an entity without first registering the entity with the Division, in violation of Utah law and administrative rules.  Mr. Hardey agreed to pay a civil penalty of $6,000 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal.  Case number RE-17-91462 and Docket number RE-2021-001

HART, DONALD T., sales agent, Park City, Utah.  In an order dated May 27, 2021, Mr. Hart's license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number RE-21-127393

HOGEWONING, CHRISTINA, sales agent, South Jordan, Utah.  In an order dated May 5, 2021, Ms. Hogewoning's license was granted and placed on probation for one year due to criminal history.  Case number RE-21-126865

HOLMAN, SAMUEL, sales agent, Salt Lake City, Utah.  In an order dated March 19, 2021, Mr. Holman's license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number RE-21-125776

HOLMES, JULIE A., sales agent, South Jordan, Utah.  In a stipulated order dated April 21, 2021, Ms. Holmes admitted that she violated her fiduciary duty of loyalty to her client when she placed her own interest above the interests of her client.  Ms. Holmes discussed "partnering" with her client to purchase a property for resale.  They agreed to move forward with the purchase but Ms. Holmes then began arranging to purchase the property with her cousin.  Ms. Holmes signed an addendum terminating the Buyer-Broker agreement because she said she would be making an offer on the property herself.  Ms. Holmes's actions were in violation of Utah law and administrative rules.  She agreed to pay a civil penalty of $4,500, to complete six hours of continuing education in addition to the continuing education required for her next license renewal, and that her license would be placed on probation until April 30, 2023.  Case number RE-17-96497

JOHNSON, AUBREN M., sales agent, Farmington, Utah.  In an order dated March 17, 2021, Ms. Johnson's license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number RE-21-125739

KIFER, MERVIN, sales agent, Draper, Utah.  In an order dated March 31, 2021, Mr. Kifer's license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number RE-21-126029

KIOA, SUSANNA MARGARITTA, sales agent, Salt Lake City, Utah.  In an order dated March 18, 2021, Ms. Kioa's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-125747

MALECEK, JAMES, sales agent, Kamas, Utah. In an order dated April 27, 2021, the Real Estate Commission granted Mr. Malecek a license to practice as a real estate sales agent and placed his license on probation for the initial licensing period due to criminal history.  Case number RE-21-125671 and Docket number RE-2021-005

MORA, MIA, sales agent, Salt Lake City, Utah.  In an order dated May 12, 2021, Ms. Mora's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-126999

MORGAN, BRENT ALLEN, sales agent, South Jordan, Utah.  On June 19, 2015, the Real Estate Commission entered an order suspending Mr. Morgan's real estate sales agent license due to a matter then pending with the Utah Division of Securities ("Securities").  On September 22, 2015, Securities entered an order which found Mr. Morgan had violated the Securities Act and ordered a civil penalty.  In 2017 and 2019 Mr. Morgan's real estate sales agent license was renewed on suspension.  Mr. Morgan recently paid the civil penalty to Securities and requested that his real estate sales agent license be renewed and the suspension lifted.  In a stipulated order dated May 19, 2021, the Commission ordered, and Mr. Morgan agreed, that his real estate sales agent license would be renewed on probation for the renewal licensing period, effectively lifting the suspension of his license and allowing him to again practice as a licensed real estate sales agent.  Case number RE-21-126454

MOYNIER, KASEY, sales agent, Salt Lake City, Utah.  In an order dated March 12, 2021, Mr. Moynier's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-125592

NAYLOR, KEVIN MICHAEL, sales agent, Farmington, Utah.  In an order dated May 4, 2021, Mr. Naylor's license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number RE-21-126807

NOWELL, CODY D., sales agent, Herriman, Utah.  In an order dated March 30, 2021, Mr. Nowell's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-125983

OCONNOR, DAVID, sales agent, Midvale, Utah.  In an order dated April 23, 2021, Mr. Oconnor's license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number RE-21-126600

REYNOLDS, AMANDA, sales agent, Sandy, Utah.  In an order dated April 16, 2021, Ms. Reynolds's license was granted and placed on probation due to a pending criminal matter.  Case number RE-21-126409

RICHMOND, JENNINGS, sales agent, Bluffdale, Utah.  In an order dated March 18, 2021, Mr. Richmond's license was granted and immediately suspended.  Mr. Richmond is certified as a peace officer and his peace officer certification is currently suspended.  The real estate license is suspended until his peace officer certification is no longer suspended.  Case number RE-21-125768

ROVIRA, SHELLY D., sales agent, West Haven, Utah.  In an order dated March 12, 2021, Ms. Rovira's license was renewed and placed on probation for the renewal period due to a pending criminal matter.  Case number RE-21-125591

SCHILLEMAN, SUMMER, sales agent, Farmington, Utah.  In an order dated May 11, 2021, Ms. Schilleman's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-126974

SULLIVAN, SCOTT, sales agent, Pleasant Grove, Utah.  In an order dated March 17, 2021, Mr. Sullivan's license was granted and placed on probation for the initial licensing period for doing landscaping work in excess of $1,000 without a license, for unpaid child support, and for criminal history.  Case number RE-21-125731

VARGO, SHAUN, sales agent, Grantsville, Utah.  In an order dated April 6, 2021, Mr. Vargo's license was granted and placed on probation due to a pending criminal matter.  Case number RE-21-126131

WHITNEY, RYAN, sales agent, Salt Lake City, Utah.  In an order dated April 1, 2021, Mr. Whitney'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-21-126037

TIMESHARE

JONES, PARKER B., timeshare salesperson, Sandy, Utah.  In a stipulated order dated April 6, 2021, Mr. Jones admitted that he failed to disclose a pending criminal matter in his application to renew his registration and that the application contained untrue or misleading information, in violation of Utah law.  Mr. Jones agreed to pay a civil penalty of $500.  Case number TS-21-126034

arrow_upward BACK TO TOP arrow_upward

---

Instructor Development Workshop Registration

Wednesday and Thursday, October 27th and 28th
Sheraton Park City

The Division of Real Estate will be holding its annual Instructor Development Workshop (IDW), Wednesday and Thursday, October 27th and 28th, at the Sheraton Park City.

Attendance at the two-day IDW is REQUIRED once every two years for all real estate, mortgage, and appraiser pre-licensing instructors, as well as real estate continuing education instructors who teach the Mandatory Course.  Mortgage and appraisal CE instructors are invited to attend this course, although no CE credit can be given.  Only Real Estate instructors (pre-license and continuing education) as well as attending real estate licensees, will receive 13 hours of core continuing education credit for attendance at this outstanding training event.  Please keep in mind that CE credits are only awarded in full-day segments.

Craig Grant "The Real Estate Tech Guru" from Stuart, Florida will be the featured presenter for this two-day event.  Craig presents over 150 speaking engagements around the country every year including some of the industry's top events for NAR, CRS, many state associations, and national franchises.  Mr. Grant will engage our industries' instructors to improve their techniques and skills.

Among other things, Craig plans to "raise attendees' overall tech skill level."  "He will show you how you can modernize your classrooms and perform technology marketing."

The morning of October 27th, Division staff will present industry updates and information to the participants.

Registration is now being accepted for this event.  Please complete the following registration form and return it to the Division with payment to reserve your seat.  Registration numbers are limited and will be filled on a first come, first served basis.

Download Registration Form

arrow_upward BACK TO TOP arrow_upward

---

Credits

---

In this issue:

• Director's Message – Drones and Accessory Dwelling Units (ADUs)
• Rule Developments Since June 1, 2021
• Kagie's Korner
• Staff Spotlight – Michael Genco
• Appraisers: Inspecting Properties and Signing Reports
• WANTED: Willing Supervising Certified Appraisers
• 2022 Mortgage License Renewal
• Third Quarter Licensing & Disciplinary Actions
• "Love Letters" or "Pick Me Letters"
• By Written Consent
• A Message from the Appraiser Board
• Request for Volunteers – Appraisal Experience Review Committee Members
• 2021 Instructor Development Workshop
• Credits

---

Director's Message – Drones and Accessory Dwelling Units (ADUs)

Two unrelated, but important issues have recently come up in Commission Meetings: the use of cameras on drones by real estate agents and brokers, and the recent law passed by the legislature about accessory dwelling units (ADUs).  The Division of Real Estate does not regulate either of these matters, but they can impact licensees.

Drones

The Division was recently notified that there may be real estate agents and brokers using drones for commercial purposes in violation of federal law.  Of course, using a drone can help to obtain footage that would otherwise be impossible to obtain and would certainly benefit clients regarding the marketing of their properties.  The innovation that licensees use to promote their business, their services, and their listed properties is impressive, but we encourage everyone to make sure that this is done legally.

I will touch on the basics of operating a drone legally, but if you plan to use a drone for your real estate business, I recommend reading the Small Unmanned Aircraft Systems (UAS) Regulations (Part 107):
https://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=22615

The National Association of Realtors® has also issued guidance on the use of drones:
https://www.nar.realtor/drones

Things to keep in mind:

Registration

Anyone flying a small unmanned aircraft system (UAS) for commercial or government use must register the drone.  A UAS is defined as an unmanned aircraft weighing less than 55 pounds, including everything that is on board or otherwise attached to the aircraft.  Registration is easy and only costs $5.00, go to https://faadronezone.faa.gov/

Pilot Certification

To operate a drone under Part 107, you need a remote pilot certificate with a small UAS rating or be under the direct supervision of someone who holds a certificate.  You can learn all about pilot certification here: https://www.faa.gov/uas/commercial_operators/become_a_drone_pilot/

Violations

Drones and Accessory Dwelling Units (ADUs)

If a person operates a drone without proper certification or operates an unregistered drone, the FAA can fine the operator up to $32,666 per incidence.

If you plan to use a drone for your real estate business, please make sure to follow all applicable laws and regulations to avoid sanctions by the FAA.

Accessory Dwelling Units (ADUs)

Affordable housing continues to be an issue for Utah families and individuals.  During the 2021 Legislative Session, the Utah Legislature passed H.B. 82, Single-Family Housing Modifications to help address the affordable housing shortage.  According to the bill, an ADU must be created within a single-family dwelling that is owner occupied.  The bill also addresses ways a municipality may restrict ADUs and restrictions a municipality may not impose.

A municipality may not establish any restrictions or requirements governing:

• the size of the ADU in relation to the primary dwelling;
• total lot size; or
• street frontage.

A municipality may establish these restrictions:

• prohibit the installation of a separate utility meter;
• require that an ADU be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling;
• require that the primary dwelling:
  • include one additional on-site parking space regardless of whether the primary dwelling is existing or new construction; and
  • replace any parking spaces contained within a garage or carport if an ADU is created within the garage or carport;
• prohibit the creation of an ADU within a mobile home;
• require the owner of the primary dwelling to obtain a permit or license for renting an ADU;
• prohibit the creation of an ADU within the zoning district covering an area equivalent to:
  • 25% or less of the total area in the municipality that is zoned primarily for residential use; or
  • 67% or less of the total area in the municipality that is zoned primarily for residential use, if the main campus of a state or private university with a student population of 10,000 or more is located within the municipality.
• prohibit the creation of an ADU if the primary dwelling is served by a failing septic tank;
• prohibit the creation of an ADU if the lot containing the primary dwelling is 6,000 square feet or less;
• prohibit the rental or offering the rental of an ADU for a period of less than 30 consecutive days; and
• prohibit the rental of an ADU if the internal ADU is located in a dwelling that is not occupied as the owner’s primary residence.

In addition, ADUs must comply with all applicable building, health, and fire codes.

Low-Income ADU Loan Guarantee Program

As part of H.B. 82, the Legislature also created a two-year loan guarantee pilot program for the financing of construction of an ADU that is:

• located on the borrower’s residential property; and
• rented to a low-income individual (an individual whose household income is less than 80% of the area median income).

The pilot program established by the Legislature, provides loan guarantees on behalf of borrowers for the purpose of insuring the repayment of low-income ADU loans.

The program may not provide a loan guarantee for a low-income ADU loan under the pilot program unless:

The lender:

• agrees in writing to participate in the pilot program;
• makes available to prospective borrowers the option of receiving a low-income ADU loan that:
  • has a term of 15 years;
  • charges interest at a fixed rate; and
• monitors the activities of the borrower on a yearly basis during the term of the loan to ensure the borrower’s compliance with the law and any other terms or conditions of the loan.

The lender must also agree to promptly notify the executive director in writing if the borrower fails to comply with any of the terms of the agreement.

Word of Caution about Advertising

If you are a listing agent advertising that a property has an ADU or has been approved for an ADU, make sure you verify that information is accurate.  You don't want to be in violation of 61-2f-401(12): Advertising the availability of real estate or services of a licensee in a false, misleading, or deceptive manner.

This new legislation is one way the State is trying to address the issue of affordable housing.  As a licensee, you will want to understand how it impacts both buyers and sellers.

For additional information, Cate Klundt and Alissa Dailey of the Utah Association or Realtors® put together a Facebook Live presentation on the topic that can be watched here: UDA Facebook Live.

arrow_upward BACK TO TOP arrow_upward

---

Rule Developments Since June 1, 2021

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/

Appraisal Management Company Rules

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

Appraisal

The Appraiser Board is currently considering a possible proposed rule amendment that would provide an alternative means of obtaining appraisal experience through Practical Application of Real Estate Appraisal, or "PAREA."  The Division is drafting a proposed rule amendment that would allow an appraiser to obtain required experience through the completion of PAREA modules.  More information will be available as the proposed rule amendment is drafted and considered by the Appraiser Board.  In addition, the Board formed a committee to consider possible statutory or rule amendments relative to data collection as part of the appraisal process.  The committee has held several meetings but has not, as yet, made a recommendation to the Board.

Mortgage

On September 7, 2021, the Division filed a proposed rule amendment, approved by the Residential Mortgage Regulatory Commission that would adopt rule amendments, summarized as follows:

Section R162-2c-201 — replace the requirement that an applicant evidence "good moral character" with statutory requirements of honesty, integrity, and truthfulness;

Section R162-2c-202 — eliminate references to "moral turpitude and moral character;" and eliminate references to unnecessary and now irrelevant dates;

Section R162-2c-203 — eliminate references to "moral character," clarify the available formats for Utah-specific education instruction, including traditional classroom, virtual-live, distance education, and other formats, and also clarify that the 20 hours of instruction required to renew an instructor certification is not limited to classroom instruction;

Section R162-2c-204 — eliminate references to "moral character," and coordinate the timing for state required fingerprinting for a criminal background check and submission of a credit report with national requirements, thus eliminating the expense to licensees for unnecessary and mostly redundant criminal background checks and credit reports; and

Section R162-2c-301b — delete this outdated section on employee incentive programs.

If approved, the amendment of R162-2c-204 would allow Division staff to rely on the background and credit checks provided by renewal applicants in the NMLS.  This proposed rule amendment would save a considerable amount of staff time during the annual license renewal period and would avoid a need for some applicants and licensees to submit to additional background and credit checks for licensure in Utah within a short period of time after submitting to the same checks for the NMLS.  This proposed rule amendment has been published and is open for public comment through October 15.

Real Estate

On June 8, 2021, the Real Estate Commission approved a significant rule amendment affecting numerous sections of the Real Estate Licensing and Practices Rules.  A summary of those amendments was included in the Second Quarter newsletter, published June 30, 2021.  The Division would like to make a correction or clarification to the summary in the June 30, 2021, newsletter article for Section R162-2f-403a.

Section 403a(15) of the amended rule requires that a principal broker not pay a commission from the real estate trust account without depositing the funds into the broker's operating account prior to further disbursing the funds.  The summary from the last June 2021 newsletter did not specify that the requirement to transfer funds to the broker's operating account prior to further disbursing the funds is only required for commissions.  Certain other deposits may be paid directly from the real estate trust account.  If you have any questions regarding transfers of funds from a trust account, or other questions regarding recent rule amendments, please contact the Division or refer directly to the language in the rules, as amended.

The Commission formed a committee to review state approved and other real estate forms for possible updates.  The committee recommended an update to the Seller Financing Addendum.  The Commission approved the updated Seller Financing Addendum and it has been forwarded to the Attorney General for review and approval.  Other forms are also being considered for possible updates.

Affiliated Title Business Rule

The legislature recently enacted legislation that requires the Division of Real Estate to enforce provisions involving an affiliated business arrangement between title licensees or insurers and persons who are in a position to refer business incident to or part of a real estate settlement service, including associates of those persons.  This legislation also authorized the Division to make rules necessary to implement the regulation of affiliated business arrangements.

The Division recently filed a proposed rule entitled Affiliated Title Business Rule.  This proposed rule is under final review by the Division of Administrative Rules.  The proposed rule would require each new or newly affiliated title business to notify the Division in writing of the affiliated relationship within 30 days of the date of affiliation.  This proposed rule amendment has been published and is open for public comment through October 15.

Timeshare and Camp Resort

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

arrow_upward BACK TO TOP arrow_upward

---

Kagie's Korner

NOTICE: Updated Sanctions for Advertising Violations

Year after year, the Division notes that blind advertisements (not identifying the brokerage affiliation in a clear and conspicuous manner in the ad) are the most common violations of Utah law and administrative rule.  The Division continues to receive a number of complaints about advertising violations. Advertising rules are one of the most basic and well-known compliance regulations in the industry.  So why are these also the most common complaints the Division receives?

In the Division's 2013 fourth quarter newsletter an article was included to notify the industry regarding the high volume of advertising complaints and the new penalty for violating the statute and rule.  In 2013 the Real Estate Commission provided guidelines to the Division proposing sanctions to those licensees that violate these rules.

Recently, in the September 15, 2021 Real Estate Commission Meeting, the Commission provided updated guidance to the Division regarding sanctions for violating the advertising statutes and rules.  The Commission recommended increasing the civil penalty for advertising violations.  These guidelines will become effective October 15, 2021.  These new sanctions will apply to complaints received by the Division for conduct occurring on or after October 15, 2021.

The recommended sanction for a first-time advertising violation as described above is a civil penalty of $500.  These violations are typically addressed through a citation issued by the Division.  There is an appeal process if the licensee does not agree with the Division's allegations in the citation.  As with any citation, the misconduct will appear in the disciplinary section of the Division's quarterly newsletter.  The Division will also notify the licensee's broker with a letter outlining the violation and will warn the licensee that further violations could result in additional sanctions.

If the Division issues a second citation to the real estate licensee for a subsequent advertising violation, the civil penalty may be $1,000.  And if the licensee's broker was warned about the previous advertising violation and failed to take adequate steps to avoid further violations by an affiliated licensee, the Division may bring an enforcement action against the broker for failing to supervise.

A third advertising violation by a licensee may require the licensee and/or broker to appear before the Real Estate Commission at an enforcement hearing.

Be transparent, and follow the advertising rules.  When you advertise real estate services, the public is entitled to know the brokerage you are affiliated with and you should be proud of your affiliation.

arrow_upward BACK TO TOP arrow_upward

---

Staff Spotlight — Michael Genco

In March of this year, Michael Genco launched his career with the Utah Division of Real Estate.  Michael and his wife were previous long-term residents of Long Island, New York.  They both knew individuals there that waited "their whole lives" to move to their "preferred destination" once they retired.  Rather than spending the biggest portion of their lives wanting to be "someplace else," they relocated out west.  Fortunately for us they settled in Salt Lake.

Michael and his wife appreciate the slower pace of life, the friendly people, and both the mindset and openness to opportunities that surround this community.  They love the outdoors where most weekends they travel throughout the state.  They have been overwhelmed with the beauty of our mountains and canyons, our scenic national and state parks, the red rock country in southern Utah, and the stark and diverse west desert.

Michael previously worked for 14 years with FedEx and about half of that time as an office manager.  He has been hired with the Division as an Appraisal Licensing Specialist.  We are very impressed with his work ethic, his attention to detail, and his upbeat and positive demeanor.  We welcome Michael and his wife to Utah where they can live their dreams...

arrow_upward BACK TO TOP arrow_upward

---

Appraisers: Inspecting Properties and Signing Reports

Common areas of Confusion Regarding Statutory and Administrative Rule Requirements for signing reports and inspecting properties

Property Inspections Performed by Trainees and Their Supervising Certified Appraiser(s)

What Duties Can Be Delegated and Limitations on Delegating Property Inspections by Trainees if the Appraisal Report Scope of Work or Certification Requires Appraiser Inspection?

R162-2g-502a(5)(a) A supervisory appraiser shall delegate to a trainee only such duties as the trainee is authorized to perform under Subsection R162-2g-311 Scope of Authority, subsection (1):

1. An individual who has properly qualified as a trainee pursuant to Section R162-2g-302 may perform appraisal-related duties within the competence and scope of authority of the state-certified supervisory appraiser as follows:
   1. participating in property inspections;
   2. measuring or assisting in the measurement of properties;
   3. performing appraisal-related calculations;
   4. participating in the selection of comparable properties for an appraisal assignment;
   5. making adjustments to comparable properties; and
   6. drafting or assisting in the drafting of an appraisal report.
2. A supervisory appraiser shall directly train and supervise the trainee in the performance of assigned duties by:
   1. critically observing and directing each aspects of the appraisal process;
   2. accepting full responsibility for the appraisal and the contents of the appraisal report by signing and certifying the appraisal complies with USPAP; and
   3. reviewing and signing the trainee appraisal reports.
3. A supervisory appraiser shall personally inspect:
   1. each property that is appraised with a trainee until the supervisory appraiser determines the trainee is competent to inspect the property in accordance with the competency rule of USPAP for the property type, and the trainee has performed at least:
      1. 35 residential inspections as provided in Subsection R162-2g-311(1)(c)(i); and
      2. 20 non-residential inspections as provided in Subsection R162-2g-311(1)(b)(ii); and
   2. any property for which the appraisal report scope of work or certification requires appraiser inspection.

7. 1. include in each appraisal report a statement indicating whether or not the subject property was inspected as part of the appraisal process; and (ii) if any inspections were done, include the following information concerning each inspection:
      1. the names of appraisers and trainees who participated in the inspection;
      2. whether the inspection was an exterior inspection only or both an exterior and an interior inspection; and
      3. the date that the inspection was performed;

Who Can Sign an Appraisal Report?  The 2020 legislative session changed the statute allowing the Appraisal Board to make rules regarding who and under what circumstances Trainees, Licensed, and Certified Appraisers can sign appraisal reports.  The statutory reference and subsequent Administrative Rules are cited and/or highlighted below:

61-2g-401 State-certified and state-licensed appraisers — Restrictions on use of terms — Conduct prohibited or required — Trainee.

5. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and with the concurrence of the division, the board may make rules for the administration of this section regarding:
   1. the signing of an appraisal report; or
   2. the disclosure and use of an appraiser or an appraiser trainee's division-assigned credential, registration, license, or certification number.
6. If a trainee assists a state-certified appraiser in the preparation of an appraisal report, the appraisal report shall disclose:
   1. the trainee's name; and
   2. the extent to which the trainee assists in the preparation of the appraisal report.

R162-2g-502a. Standards of Conduct and Practice.

1. 1. immediately following the signature on the report in an appraisal report prepared and signed by a state-licensed or certified appraiser, state either:
      1. the credential type of State-Licensed Appraiser, State-Certified Residential Appraiser, or State-Certified General Appraiser; or
      2. the license or certification number assigned to the appraiser by the division.

4. Unless there is a client assignment condition prohibiting an appraiser trainee from signing an appraisal report, when an appraiser trainee performs significant appraisal assistance on an appraisal, the trainee may sign the appraisal report if the appraisal report is also signed by the trainee's supervisory appraiser.  The appraiser trainee shall state, immediately following the trainee's signature in the report, "Trainee" and include the registration number assigned to the appraiser trainee by the division.

arrow_upward BACK TO TOP arrow_upward

---

WANTED: Willing Supervising Certified Appraisers

In Utah, as in almost all other states, there has always been a shortage of willing Certified Appraisers to supervise Registered Trainees.  Trainees are eager to associate with Certified Appraisers to learn from, and to acquire the necessary experience and essential skills to qualify as competent and well trained Licensed Appraisers.

Consider what you have to offer and how your affirmative decision might impact the future life and career path of an enthusiastic Appraiser Trainee.

arrow_upward BACK TO TOP arrow_upward

---

2022 Mortgage License Renewal

All Mortgage licenses are required to be renewed on an annual basis. Renewal requests can be made on your NMLS filing between November 1st and December 31st.  You can prepare now so that your renewal will go smoothly by following these checklists:

Individual Renewal Checklist: (loan originators and lending managers)

Before November 1st, 2021

1. Review your filing in the NMLS to make sure your information is current and correct.  This includes mailing address, email, phone numbers, name, and employment history.
2. Review your NMLS filing to make sure there are no license items placed on your filing.  License items can be deficiencies or requirements that are pending on your license and must be cleared prior to requesting renewal.  When a license item is placed on your filing, you receive an email through the NMLS notifying you of the deficiency or requirement.  Some common deficiencies include Employment History Updates, ACH Payments that may have been returned unpaid, requests for information about Disclosure Questions or Credit Reports.  Satisfy all pending license items prior to renewal.  You may call the Division of Real Estate licensing section at 801-530-6747 if you do not understand a noted deficiency or need help in getting it cleared.  For assistance in navigating the NMLS system please contact the NMLS Call Center at (855)-665-7123.  NMLS Support staff will assist you in NMLS system use issues and for help requesting your license renewal online.
3. If your driver's license number has changed, be sure to indicate this update on your filing, as well as your US citizenship status.  This is found under the Identifying Information section on your MU4 form.  If this information is incorrect or incomplete, we may place a deficiency on your license requiring you to provide the Division with a copy of the Certificate of Legal Presence.  If your information is recorded accurately on your filing, you will not need to submit this form (Certificate of Legal Presence) to us as you may have done in prior years.
4. Education:  NMLS-approved continuing education (8 hours), the Utah Law Course (2 hours), and MLO's licensed between 11/01/2020 and 10/31/2021 must have completed the new Utah MLO Course (5 hours) by 10/21/21 if they desire to renew their mortgage license at the beginning of the 2022 renewal period on November 1st.  Lending Managers are NOT required to complete the new Utah MLO Course.  Each of these CE requirements must be completed prior to requesting renewal.  It is recommended that these hours be completed no later than December 15th, 2021 in order to ensure an on-time renewal.  The NMLS will prevent you from requesting renewal if these hours are not banked in the NMLS.
5. If your license is on probation and there are requirements that must be completed at renewal, either to have the probation removed or as terms of the probation, make sure these items are reported to the Division before you request renewal.  This will aid in getting your renewal processed in a timely manner.

   *MLO'S LICENSED BETWEEN 11/01/20 AND 10/31/2021 MUST HAVE COMPLETED THE NEW UTAH MLO COURSE (5 HOURS) BY 10/21/21 IF THEY DESIRE TO RENEW THEIR MORTGAGE LICENSES ON NOVEMBER 1ST*  You will be prevented from renewing until your hours are banked on the NMLS.

On or After November 1st, 2021:

1. You may request renewal of your license through the NMLS.  The renewal fee is $78.00 which includes the NMLS processing fee of $30, Renewal fee of $30.00 and Recovery Fund fee of $18.00.  You will be required at that time to ATTEST to the accuracy of your filing so make sure, once again, that all is correct.
2. If there is a change in your answers to the Disclosure Questions, you must upload the required documentation explaining the change in your filing.
3. If you request your renewal prior to January 1st, 2022, your license will remain in the status that it was prior to your request for renewal.  If your status was active, you can continue to work as usual while your request is being reviewed.  Approval of your request for renewal is contingent on all requirements being met.
4. A credit report and background check are NOT REQUIRED this year.

Entity License Renewal Checklist: (companies, DBAs, branches)

Prior to November 1st, 2021:

1. Review MU1 filing and/or MU3 filing to confirm that all the information including company location, mailing address, contact information, etc., is correct.
2. If there is a change to any of your answers to the Disclosure Questions, you must provide a detailed explanation and upload documentation to support your explanation.
3. Review the entity filing to make sure there are no license items placed on the filing.  These items could include things like a returned ACH Payment, update qualifying individual, company ownership, missing quarterly MCR reports, etc.
4. Provide a current Certificate of Existence for all entities & DBAs from the Utah Division of Corporations.  Please upload your certificate to the Certificate of Authority/Good Standing section document upload of you MU1 filing.  You may replace your 2021 certificate with the new 2022 certificate.

On or After November 1st, 2021:

1. Request and pay renewal fees through NMLS between November 1st and December 31st, 2021.  If renewal is requested prior to January 1st, 2022, your license will remain in the status that it was prior to your request for renewal.  If the status was active, work can continue as usual while your request is being reviewed.  Approval of your request for renewal is contingent on all requirements being met, in which case, the Division will process your request as quickly as possible.  A new 2022 license will be emailed to the email address listed in the regulator contact information.

arrow_upward BACK TO TOP arrow_upward

---

Third Quarter Licensing & Disciplinary Actions

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: https://realestate.utah.gov/actions/

APPRAISAL/AMC

There were no disciplinary or licensing actions in the appraisal or AMC industries in the second quarter.

MORTGAGE

AMERICAN FINANCIAL NETWORK, INC. ("AFN") and John Sherman, Broker and Owner, Brea California.  In a stipulated order dated June 2, 2021, AFN admitted that it allowed persons affiliated with AFN, including a licensed mortgage loan originator and an unlicensed individual, to solicit mortgage services, that the actions of these individuals included engaging in false or misleading advertising, and that AFN failed to exercise reasonable supervision over the mortgage loan originator and unlicensed staff member.  The misleading advertisements created an undue sense of urgency and one mailer suggested that it had been sent by the Veteran's Administration rather than by AFN.  These actions are in violation of Utah law.  AFN agreed to pay a civil penalty of $6,000 and to update its MU-1 form in the NMLS.  Case number MG-17-94-129, MG-18-105708, and MG-20-118115

REAL ESTATE

ABDULKAREEM, EHAB M., Sales agent, West Valley City, Utah.  In an order dated July 30, 2021, Mr. Abdulkareem's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-128690

ALLRED, GARRET C., sales agent, North Ogden, Utah.  In a stipulated order dated July 21, 2021, Mr. Allred admitted that he violated Utah law and administrative rules when he did not identify the name of his brokerage in marketing materials.  He agreed to pay a civil penalty of $150.  Case number RE-18-101224

BERRETTA-CAMPBELL, STEPHANIE, Sales Agent, Springville, Utah.  In an order dated August 16, 2021, Ms. Berretta-Campbell's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-128990

CALDWELL, WILLIAM, principal broker, Ogden, Utah.  In a stipulated order dated June 16, 2021, Mr. Caldwell admitted that he continued to receive tenant rental payments and security deposits after the property management agreement with the property owner had been terminated.  Mr. Caldwell eventually accounted for the funds and delivered those funds to the property owner, but not within the required time period.  These actions are in violation of Utah law and administrative rules.  Mr. Caldwell 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-19-112563

CAREY, SAINA D., sales agent, Moab, Utah.  In a stipulated order dated August 18, 2021, Ms. Carey admitted that she continued to market a property for sale after she had been informed that her client had previously signed a listing agreement with another brokerage.  She eventually removed her listing from the MLS.  Ms. Carey states that the seller told her that the seller was not working with another agent and that after she was informed of the prior listing, she made several attempts to meet with the other broker to work out a co-listing.  Ms. Carey agreed to pay a civil penalty of $500 and to complete three hours of continuing education in addition to the continuing education required for her next license renewal.  Case number RE-17-92513 and docket number RE-2020-023

CARRASCO-SOTO, MIGUEL, Sales Agent, Roy, Utah.  In an order dated August 27, 2021, Mr. Carrasco-Soto's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-129274

DOMINGO, AJALYNN MALANI, Sales Agent, South Jordan, Utah.  In an order dated August 26, 2021, Ms. Domingo's license was renewed and placed on probation for the renewal period due to plea in abeyance agreements in criminal matters during the past licensing period.  Case number RE-21-121194

ESPARZA, ANTHONY ALEXANDER, Sales Agent, South Jordan, Utah.  In an order dated May 5, 2021, Mr. Esparza's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-126861

ESTRADA, CHRISTOPHER LEE, Sales Agent, West Valley City, Utah.  In an order dated June 9, 2021, Mr. Estrada's license was renewed and placed on probation due to a pending criminal matter.  Case number RE-21-127614

HANDLEY, JAMES WYATT, Sales Agent, West Bountiful, Utah.  In an order dated August 31, 2021, Mr. Handley's license was renewed 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-21-129349

HINRICHS, JANINE GAIL, Sales Agent, Heber City, Utah.  In an order dated August 20, 2021, Ms. Hinrichs's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-129097

JORGENSEN, CODY RYAN, Sales Agent, Syracuse, Utah.  In an order dated June 17, 2021, Mr. Jorgensen's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-127810

KEMP, RYAN T., Sales Agent, Syracuse, Utah.  In an order dated July 22, 2021, Mr. Kemp's license was renewed 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-21-128520

LUCERO, PATRICK RIVERA, Sales Agent, Bountiful, Utah.  In an order dated June 17, 2021, Mr. Lucero's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-127812

OLPIN, STEVE N., principal broker, Sandy, Utah.  On June 16, 2021, the Division issued a citation to Mr. Olpin for failing to respond to the Division within 10 days in an authorized investigation, despite numerous requests by the Division, in violation of Utah law.  The citation assessed a fine in the amount of $1,000.  Citation #DREC-21-4, case number RE-18-100408

OSTLER, BLAKE HARRIS, Sales Agent, Lewiston, Utah.  In an order dated June 30, 2021, Mr. Ostler's license was renewed 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-21-128124

PARKER, MITCHELL L., sales agent, Ogden, Utah.  In a stipulated order dated June 16, 2021, Mr. Parker admitted that he represented a buyer in a transaction without a written agency agreement.  In addition, he delivered the earnest money to the title company and did not hold it at his brokerage as provided for in the REPC.  Mr. Parker also failed to timely cancel the REPC as instructed by the buyer.  Mr. Parker admits that his actions were in violation of Utah administrative rules.  He agreed to pay a civil penalty of $2,500 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal.  Case number RE-18-104077 and docket number RE-2021-002

SPEIRS, SHANE, Sales Agent, South Jordan, Utah.  In an order dated June 3, 2021, Mr. Speirs's application for licensure was denied due to his criminal history.  Case number RE-21-127500

STATOVICK, MICHELE, Sales Agent, Holladay, Utah.  In an order dated August 17, 2021, Ms. Statovick's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-129024

TEBBS, TYLER STRANGELAND, sales agent, Lehi, Utah.  Mr. Tebbs appealed the prior denial of his application for licensure.  In an order dated July 27, 2021, the Real Estate Commission granted Mr. Tebbs a conditional sales agent license and immediately suspended the license for one year, due to criminal history.  Following the period of suspension, Mr. Tebbs’s license will be placed on probation for the remainder of the initial licensing period.  Case number RE-21-126416

THORNLEY, KADEN JAMES, Sales Agent, Layton, Utah.  In an order dated July 29, 2021, Mr. Thornley's license was granted and placed on probation due to a pending criminal matter.  Case number RE-21-128676

TRAN, NHU LIEU THI, sales agent, Midvale, Utah.  In a stipulated order dated June 16, 2021, Ms. Tran admitted that she employed other sales agents in the marketing of a home owned by an entity for which she was a principal, and that she failed to disclose her status as a licensed real estate agent and her status as a principal in the transaction.  Ms. Tran's actions are in violation of Utah law and administrative rules.  Ms. Tran agreed to pay a civil penalty of $2,000 and to complete six hours of continuing education in addition to the continuing education required for her next license renewal.  Case number RE-19-112618 and docket number RE-2021-003

WASATCH VACATION HOMES, unlicensed activity, Salt Lake City, Utah.  On June 10, 2021, the Division issued a citation to Wasatch Vacation Homes ("WVH") for unlicensed activity.  WVH is in the business of managing a short-term rental business (30 days or less) which does not require licensure with the Division.  However, between August 15, 2020, and January 20, 2021, WVH made two reservations for terms exceeding 30 days without registering as a property management company, in violation of Utah law.  The citation assessed a fine in the amount of $1,000.  Citation # DREC-21-3, Case number RE-20-122274

WATERFALL, CHARLES COLE, sales agent, Draper, Utah.  In an order dated July 20, 2021, Mr. Waterfall's application to renew his license was denied due to his plea in abeyance agreement to felony charges brought against him during the past licensing period and while his license was on probation.

TIMESHARE

BRIONES, MARLO R., timeshare salesperson, West Valley City, Utah.  After the initial denial of his application for registration as a timeshare salesperson for failure to disclose criminal history in his application for registration, Mr. Briones made a second application for registration.  In his second application, Mr. Briones fully disclosed his criminal history and his application for registration was approved.  Case number TS-21-129193

LEON, BRYAN, timeshare salesperson, Salt Lake City, Utah.  In an order dated June 30, 2021, Mr. Leon's application for registration as a timeshare salesperson was denied for failing to disclose criminal history in his application and due to his history of disregarding court orders in the undisclosed criminal cases.

arrow_upward BACK TO TOP arrow_upward

---

"Love Letters" or "Pick Me Letters"

Love letters are a recent phenomenon used in real estate transactions where a prospective buyer tries to entice a seller to accept their offer.  These letters often include personal information, that if relied on, could be a violation of the Fair Housing Act.  Sellers should avoid selecting a buyer based on race, religion, color, national origin, sex, sexual orientation, marital status or familial status.  "Love Letters" may very well speak to these descriptors either directly or indirectly and one could feel discriminated against if a seller selected a different buyer.

The Utah Association of Realtors® has an excellent Facebook Live about Love Letters.  We highly recommend all brokers and agents take the time to watch their video: Love Letter Facebook Live.

The National Association of Realtors® also shared some recommendations for best practices when dealing with Love Letters:

• Educate your clients about the fair housing laws and the pitfalls of buyer love letters.
• Inform your clients that you will not deliver buyer love letters, and advise others that no buyer love letters will be accepted as part of the MLS listing.
• Remind your clients that their decision to accept or reject an offer should be based on objective criteria only.
• If your client insists on drafting a buyer love letter, do not help your client draft or deliver it.
• Avoid reading any love letter drafted or received by your client.
• Document all offers received and the seller’s objective reason for accepting an offer.

Please read the rest of the information provided by the NAR here:
https://www.nar.realtor/fair-housing-corner/love-letters-or-liability-letters

arrow_upward BACK TO TOP arrow_upward

---

By Written Consent

(Owners of Record, Trusts, LLCs, Corporate Entities, and POAs)

In the past few years, we've had several complaints and questions concerning licensees listing properties without having the written consent of all (or any) owners of record.

§61-2f-202(5)(a-e)  An owner does not include a person who holds an option to purchase real property, a mortgagee, a beneficiary under a deed of trust, a trustee under a deed of trust or a person who owns or holds a claim that encumbers real property, etc.

Additional questions arise regarding acceptable signatories on behalf of Trusts, Limited Liability Companies (LLCs), corporate entities and those who have been assigned a Power of Attorney (POA).

§61-2f-102 (14)(a-i)  Entity means: corporation, partnership, LLC, company, association, joint venture, business trust, trust or any organization similar to an entity.

Before you take a listing, there are a few quick ways to check ownership of a property before you sign paperwork with your sellers.  The easiest is a quick search for property tax records on the local Multiple Listing Service, if you are a member, or your county recorder’s office.  Each of these sources will provide the current owner's name and address.  If you have enough notice of an upcoming listing, ask a title company to order a Preliminary Title Report which will give you similar ownership information.

When you present your listing contract to your seller, there is a paragraph that you need to be direct in addressing – Seller Warranties/Disclosures.  In this section, the seller warrants that they are the property owners of record.  Be clear in asking if there are any other owners of record to the property that need to give written consent before listing and advertising a property.

For buyers, you should become aware of who you are representing, whether it is an individual or other entity, when you have your buyer sign the Buyer-Broker Agency Agreement.  If you are representing an entity other than an individual, the best practice would be to ask for a copy of the Trust, LLC, Entity or POA paperwork to ensure the proper authority of signers.

You can find the authorized signatories for an LLC or other entities with the Utah Division of Corporations for a nominal fee.  Trusts and POAs are typically not filed with the local record repositories, so check with your clients before any documents are signed to avoid potential pitfalls.

When making an offer with the Real Estate Purchase Contract, be sure to address section 13, Authority of Signers, where the buyer warrants their binding authority to sign on behalf of a corporation, partnership, trust, estate, LLC or other entity.

In the following paragraphs are a few instructive examples of problematic scenarios that we have experienced at the Division that should help you recognize and avoid written consent liability as you continue to list and sell properties in Utah.

Written Consent to List a Property

A property is under contract.  The buyer submits a complaint alleging that the listing agent is having someone other than the owner of record sign the purchase contract.  The Division Investigator's interview with the listing agent goes something like this:

Investigator:  Is the person signing the contracts on behalf of the seller the owner of record?

Licensee:  No, but she is the mother of the owner of record.

Investigator:  Do you have a Power of Attorney for the mother to sign on behalf of the owner of record?

Licensee:  Um...I’ll have to check on that but no, I don’t think so.

Investigator:  Did the owner of record sign the listing contract?

Licensee:  No, but we were going to have the property put in the mother's name at closing.

This example is simplified but it's clear that the owner of record did not give written consent to list or sell this property.  Potential violations:

§61-2f-401(12), Advertising the availability of real estate in a false, misleading or deceptive manner; and

§R162-2f-401b(17)(a) Advertising property to sell or lease without the written consent of the owner of the property.

Signing on behalf of a Trust, LLC, Corporation or other entity

We received a phone call where a property held in a joint Trust was listed and now under contract without one of the Trustee's written consent.

The authorized signing Trustees; (sister (1), sister (2) & a brother) had discussed listing the property to sell as a group but sister (2) declined to give consent to sell the property. Sister (1) & brother decided to list the property with a licensed agent without disclosing that there was another non-consenting party, sister (2).

Sister (2) received a phone call from her siblings stating that they had listed the property and it was now under contract and that if she didn't sign the closing paperwork, they would all be in breach of contract.

Sister (2) reached out to the listing agent, who had no idea that there was another party that had not authorized the listing or the sale of the property.  As of this date, the licensee has not reached out to sister (2) with any explanations on how to move forward.

This is a transaction in process, so I don't know the end of the story and I don't know if the licensee was at fault, but you can imagine the problems that might arise in this situation.  One thing that is apparent is that the licensee failed to find out who the authorized signers of the Trust were before listing, advertising, and selling the property.

Power of Attorney

We have a licensee who listed a property with an owner of record.  After the listing became active, the owner granted a POA to the licensee to sign on the owner's behalf.  If done correctly, this is legal.

R162-2f-401a(19)(a)  In order to sign or initial a document on behalf of a principal in a sales transaction: (a) you must obtain prior written authorization in the form of a power of attorney duly executed by the principal.  This administrative rule further states (b-e) that you must retain the POA in your transaction file, attach it to anything you sign or initial and sign it with the "Owners Name, by Your Name, Attorney in Fact."

The licensee decided to purchase the property for himself as an investment and had authority to sign on the owner's behalf, but wisely had the owner sign on the owner's own behalf since using the authorizing POA would be a clear conflict of interest if not a breach of fiduciary duty in this matter.

If your buyer or seller authorizes someone to sign on their behalf with a POA, you need to get a copy of the POA, which should be signed and notarized.  A POA is typically drafted by an attorney and each POA is different, so read it carefully to ascertain if the person named in the POA is authorized to buy and sell the property.  If so, have the authorized person sign documents with the principal's name, by the authorized person's name, Attorney-in-Fact.  A POA can be revoked at any time so it's wise to verify with the person giving the POA that the document is current and valid.

Please note:  Title Companies often require a Durable Power of Attorney in order to transfer real property, so check with them to ensure you have appropriate documentation to close a transaction.

In all your transactions, don't assume that a person is authorized to sign on a titled property or on behalf of a trust, business entity, or POA, even if they are a good friend or family member of the owner of record.  Cover your bases by verbally addressing this directly with your clients, then obtain and read the documents to ensure that you have the proper written authority of all owners of record.

Laurel North – Lead Investigator – Division of Real Estate

arrow_upward BACK TO TOP arrow_upward

---

A Message from the Appraiser Board

In a recent Appraisal Board meeting, the Board considered the appeal of a license applicant whose experience had been determined to be insufficient to allow the applicant to sit for the license exam.  We have noticed a consistent, recurring problem in the training of individuals who participate at an experience review appeal hearing.  That problem is a deficient workfile.  As board members, we thought it would be a good reminder for everyone to review what is important to be included in an appraisal workfile.

Let's review what USPAP states about the workfile.  For your reference FAQ 82-110 and the record Keeping rule include the following information:

1. An appraiser must prepare a workfile for each appraisal or appraisal review assignment.  A workfile must be in existence prior to the issuance of any report or other communication of assignment results.  A written summary of an oral report must be added to the workfile within a reasonable time after the issuance of the oral report.

We often see things that were added to the workfile just days before submission to the board for review.  Which begs the question as to what the workfile contained when it was originally compiled at the time of the appraisal.

2. The workfile must include:
   • The name of the client;
   • True (signed) copies of all written reports;
   • Summaries of all oral reports or testimony, or a transcript of testimony, including the appraiser’s signed and dated certification; and
   • All other data, information, and documentation necessary to support the appraiser's opinions and conclusions and to show compliance with USPAP, or references to the location(s) of such other data, information, and documentation.  USPAP 2020-2021 Record Keeping Rule.

The last bullet point regarding "all other data" is typically the area that is found to be missing and/or deficient.  Here are a few examples:

1. The appraisal states that the land site extraction method was used to determine the site value.  However, the workfile does not contain the land site extraction documentation or notes on how this was completed.  The question arises if the work stated was ever completed.
2. The sales comparison approach was used to determine the site value, and no land sales are in the workfile.  Or if the sales are in the workfile, no other information was in the report to reflect how the site value was determined.
3. Paired sales analysis was used to determine the lot size adjustment.  No comments on the process or other comparable sales other than those used within the report are in the workfile.

There are many other examples, but the bottom line is, when you state that you have performed an appraisal analysis procedure, that analysis procedure should be contained in the workfile.  Since the appraisal is part of the workfile, if more specific comments are made in the appraisal, that will satisfy both the workfile requirement as well as provide support within the appraisal itself.

The purpose of a workfile is for the appraiser as much as it is for anyone else.  Create your workfile as if you would need to document, support, or defend your work five years from when the appraisal was completed.  Put enough information in the workfile so that you and your peers would know what you did, why you did it, how you determined it was necessary and what the market's reaction to that component was at the time of the appraisal.

arrow_upward BACK TO TOP arrow_upward

---

Request for Volunteers – Appraisal Experience Review Committee Members

Due to the number of new appraiser applications being submitted to the Division, many current members of the Board approved Experience Review Committee are being asked to complete a growing number of USPAP review assignments.  Certified Appraisers, please consider submitting your resume and requesting appointment to the Experience Review Committee to help "lighten the load" of current committee members and help new appraisal applicants to avoid having to wait months to have their experience assignments reviewed.

A sincere THANK YOU to all current members of the committee for their generous contribution (just imagine...some members have been serving for many years) to the appraisal industry by providing this necessary and very important work!

Please respond to realestate@utah.gov under the subject line: Appraisal Experience Review Committee

arrow_upward BACK TO TOP arrow_upward

---

2021 Instructor Development Workshop

Wednesday and Thursday, October 27th and 28th
Sheraton Park City

The Division of Real Estate will be holding its annual Instructor Development Workshop (IDW), Wednesday and Thursday, October 27th and 28th, at the Sheraton Park City.

Attendance at the two-day IDW is REQUIRED once every two years for all real estate, mortgage, and appraiser pre-licensing instructors, as well as real estate continuing education instructors who teach the Mandatory Course.  Mortgage and appraisal CE instructors are invited to attend this course, although no CE credit can be given.  Only Real Estate instructors (pre-license and continuing education) as well as attending real estate licensees, will receive 13 hours of core continuing education credit for attendance at this outstanding training event.  Please keep in mind that CE credits are only awarded in full-day segments.

Craig Grant "The Real Estate Tech Guru" from Stuart, Florida will be the featured presenter for this two-day event.  Craig presents over 150 speaking engagements around the country every year including some of the industry's top events for NAR, CRS, many state associations, and national franchises.  Mr. Grant will engage our industries' instructors to improve their techniques and skills.

Among other things, Craig plans to "raise attendees' overall tech skill level."  "He will show you how you can modernize your classrooms and perform technology marketing."

The morning of October 27th, Division staff will present industry updates and information to the participants.

Registration is now being accepted for this event.  Please complete the following registration form and return it to the Division with payment to reserve your seat.  Registration numbers are limited and will be filled on a first come, first served basis.

Download Registration Form

arrow_upward BACK TO TOP arrow_upward

---

Credits

---

In this issue:

• Director's Message – Mobile Homes and New Commissioners & Board Members
• Rule Developments Since September 1, 2021
• Kagie's Korner – Sub-agency
• Staff Spotlight – Jenae Luthi
• Active and Reasonable Supervision for Brokers
• Security Tips for Working From Home
• Mortgage License Renewal 2022
• Fourth Quarter Licensing & Disciplinary Actions
• Investigtions Are A Lengthy Process
• Recap from the Association of Appraiser Regulatory Officials Conference
• Instructor Development Workshop 2021
• Credits

---

Director's Message – Mobile Homes and New Commissioners & Board Members

Mobile Homes

As consumers continue to deal with a shortage of affordable housing in Utah, many are turning to mobile homes as their primary residence or as investment property.  I have been asked several times about the position of the Division on real estate agents or brokers representing a client in the purchase of a mobile home.  There are many things to consider if you as a real estate licensee are going to represent a client in the sale or purchase of a mobile home.  First, let's define a few terms and look at state law.

Definitions

Many use the terms mobile home and manufactured home interchangeably, but they do have different meanings.

§15A-1-302

7. Mobile Home: means a transportable factory-built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code.

6. Manufactured Home: means a transportable factory-built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections that:
   • In the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet; and
   • Is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Utah Law

In simple terms, your Utah real estate license authorizes you to represent a buyer or seller in listing, selling, buying, or leasing real estate within the borders of this state.  Real estate is defined and includes leaseholds and business opportunities involving real property.

A real estate licensee must first determine if the mobile home or manufactured home is real or personal property before deciding to represent the party or not.  According to 40D-2-401(3), a mobile or manufactured home located in Utah is presumed to be personal property unless:

1. the manufactured home or mobile home is permanently affixed to real property,
2. the person seeking to have the manufactured home or mobile home considered to be an improvement to real property:
   1. owns the manufactured home or mobile home;
   2. 1. owns the real property to which the manufactured home or mobile home is permanently affixed; or
      2. leases the real property to which the manufactured home or mobile home is permanently affixed and the real property is financed...

Unless a mobile home or manufactured home has been permanently affixed to real property, your real estate license does not authorize you to represent someone in a mobile home or manufactured home transaction.  On the other hand, Utah law does not prohibit you from assisting or representing someone in a transaction either.

Brokers should talk to legal counsel and make an informed decision about whether they want their brokerage to be involved in mobile home or manufactured home transactions.  Here are a few things to consider:

State Approved Forms

The state-approved forms – and more specifically the REPC — were not created for the sale or purchase of a mobile home or manufactured home, unless the home has successfully been converted to real property.  The Division does not recommend using the REPC for a mobile home or manufactured home transaction unless the home has been permanently affixed to real property.  It may be more appropriate to use a Bill of Sale, which is required by the DMV to transfer ownership.

Trust Accounts

According to R162-2f-403a

12. A real estate trust account shall be used for the purpose of securing client funds:
    1. deposited with the principal broker in connection with a real estate transaction regulated under Title 61, Chapter 2f, Real Estate Licensing and Practices Act;
    2. deposited under a Real Estate Purchase Contract, construction contract, or other agreement that provides for the construction of a dwelling, if the principal broker is also a builder or developer; or
    3. collected in the performance of property management duties

As outlined above, a mobile home or manufactured home is most likely not considered real property.  If client money from one of these transactions is placed in a real estate trust account, it could very well be considered commingling according to §61-2f-403, Mishandling of Trust Money.  If a brokerage determines they do want to represent clients in mobile home or manufactured home transactions, they should consider using a separate trust account or a title company (unless the mobile home or manufactured home has been successfully converted to real property).

To reiterate, brokers should speak to their legal counsel and consider all risks and potential liabilities before allowing their brokerage to handle the sale of mobile homes or manufactured homes.  We want the citizens of Utah to get the help and guidance they need with these transactions, but we also want you as licensees to have as much information as possible before you decide to get involved.

New Commissioners and Board Members

The Division would like to welcome Andrea Wilson to the Real Estate Commission, Allison Olsen to the Mortgage Commission, and Ron Jensen to the Appraiser Board.  Keven Ewell was also reappointed for his second term on the Appraiser Board.  We look forward to serving with you and appreciate your willingness to give back to your industry and to the public.  Thank you!

arrow_upward BACK TO TOP arrow_upward

---

Rule Developments Since September 1, 2021

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/

Appraisal Management Company Rules

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

Appraisal

The Appraiser Board is currently considering a proposed rule amendment that would provide an alternative means of obtaining appraisal experience through Practical Application of Real Estate Appraisal, or "PAREA."  More information will be available as the proposed rule amendment is completed and considered by the Appraiser Board.

Mortgage

On October 26, 2021, the Division of Administrative Rules received the notice of effective date of a rule amendment, approved by the Residential Mortgage Regulatory Commission that includes the following amendments:

Section R162-2c-201 — replaced the requirement that an applicant evidence "good moral character" with statutory requirements of honesty, integrity, and truthfulness;

Section R162-2c-202 — eliminated references to "moral turpitude and moral character;" and eliminated references to unnecessary and now irrelevant dates;

Section R162-2c-203 — eliminated references to "moral character," clarified the available formats for Utah-specific education instruction, including traditional classroom, virtual-live, distance education, and other formats, and also clarified that the 20 hours of instruction required to renew an instructor certification is not limited to classroom instruction;

Section R162-2c-204 — eliminated references to "moral character," and coordinated the timing for state required fingerprinting for a criminal background check and submission of a credit report with national requirements, thus eliminating the expense to licensees for unnecessary and mostly redundant criminal background checks and credit reports; and

Section R162-2c-301b — deleted this outdated section on employee incentive programs.

The amendment of R162-2c-204 allows Division staff to rely on the background and credit checks provided by renewal applicants in the NMLS.  This rule amendment will save a considerable amount of staff time during the annual license renewal period and will avoid duplicative background and credit checks for some applicants and licensees.

Real Estate

The Real Estate Commission is considering 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.

Affiliated Title Business Rule

The legislature recently enacted legislation that requires the Division of Real Estate to enforce provisions involving an affiliated business arrangement between title licensees or insurers and persons who are in a position to refer business incident to or part of a real estate settlement service, including associates of those persons.  This legislation also authorized the Division to make rules necessary to implement the regulation of affiliated business arrangements.

The Division recently filed a proposed rule entitled Affiliated Title Business Rule.  This proposed rule is under final review by the Division of Administrative Rules.  The proposed rule would require each new or newly affiliated title business to notify the Division in writing of the affiliated relationship within 30 days of the date of affiliation.  This new rule became effective October 28, 2021.

Timeshare and Camp Resort

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

arrow_upward BACK TO TOP arrow_upward

---

Kagie's Korner

Sub-Agency

There is only one statute or administrative rule that addresses sub-agency:

R162-2f-401a (12) if the licensee desires to act as a sub-agent for the purpose of showing property owned by a seller who is under contract with another brokerage, prior to showing the seller's property:

1. notify the listing brokerage that sub-agency is requested; and
2. enter into a written agreement with the listing brokerage with which the seller has contracted:
   1. consenting to the sub-agency; and
   2. defining the scope of the agency;
3. obtain from the listing brokerage any available information about the property; and
4. uphold the same fiduciary duties outlined in Subsection (1);

This rule only addresses working on behalf of a seller, but what about a buyer?  More times than not, an agent is asking someone they know that is affiliated with another brokerage to show their client properties while they are out of town or unavailable.

The statute and rules do not address this scenario.  It is assumed that if a licensee needs help with a buyer, they will recruit another agent affiliated with the same brokerage that has fiduciary duties to represent this buyer.  Asking an agent affiliated with another brokerage to show a property is not covered by R162-2f-401a(12).

Another common question:

What is the best way to handle the client of an out-of-state licensed broker or agent who has a client either buying a Utah property or selling real estate that the client owns in Utah?  The client wants the out-of-state broker to assist in the transaction.  The out-of-state broker is not licensed in Utah and cannot represent the client, even if they enter into a sub-agency agreement with a Utah licensed broker.  The Utah broker cannot enter into a sub-agency agreement with an unlicensed individual (even if the out-of-state broker is licensed in another jurisdiction).  The Utah licensed brokerage would have to enter into a written agency agreement with the client.  In this circumstance, the Utah broker may pay a referral fee to the out-of-state broker.  The out-of-state broker may not provide any real estate services to the client with regard to the sale or purchase of the Utah property.  To do so would be a violation of Utah law, 61-2f-201(1).  It would be conducting real estate activity without a license.

Another thing to remember is that all compensation from any real estate services performed must be paid to your broker, and your broker may pay you.  A licensed sales agent may not receive compensation directly from the client or the out-of-state broker.

arrow_upward BACK TO TOP arrow_upward

---

Staff Spotlight — Jenae Luthi

Jenae Luthi is one or our newer Real Estate Licensing Specialists.  Jenae grew up near Portland, Oregon.  She lived in Washington on a 6.83 acre mini farm for sixteen years and had a pony, goats, chickens, ducks, and dogs.  Jenae has had a strong personal interest in real estate acquisition having purchased land and had homes built on these parcels on four different occasions.

She and her husband Frank have a blended family with 7 children.  If that is not enough to keep them busy, they also have 3 dogs and for obvious reasons also have a "very nervous" cat, some budgies (parakeets), and some chickens.

Jenae's hobbies include reading, arts and crafts, hiking, taking care of animals, driving their children to various activities, and learning new things.

She is a quick learner and clear and succinct communicator.  We are very pleased that Jenae has been learning new things with the Utah Division of Real Estate since April of 2021.

arrow_upward BACK TO TOP arrow_upward

---

Brokers — Active and Reasonable Supervision

Laurel North – Lead Investigator – Utah Division of Real Estate

Broker supervision violations are on the rise, so as of June 8, 2021, enhanced guidance for managing brokerages and broker responsibilities can be found in the Real Estate Licensing and Practices Rules, R162-2f-401c(3).  The new rule specifically outlines minimum standards for active and reasonable supervision that piggyback off the existing legislative statute which states that a principal or branch broker will be sanctioned for failing to exercise active and reasonable supervision, 61-2f-401(13).

The summarized supervision responsibilities in section 13 include the establishment of:

1. written policies and procedures
2. having systems in place to allow the broker to review, oversee, inspect and manage:
   1. real estate transactions
   2. documents that may have a material effect upon a property
   3. filing, storage and maintenance of documents
   4. handling of trust funds
   5. advertising
   6. familiarizing sales agents with state and federal laws concerning real estate, including discrimination
   7. monitoring sales agents' license status
   8. maintaining reasonable and timely communication with the supervising broker or competent designee regarding real estate transactions
   9. maintaining regular contact with sales agents

Additionally, a broker should be reasonably available to the public to discuss or resolve complaints, provide guidance, instruction and oversight of each licensee and unlicensed staff, document instruction and oversight and establish a system for monitoring compliance with policies, rules and procedures of the brokerage by licensed and unlicensed staff.

Please set aside a few minutes and read the unabridged version of these new rules and by all means, call or email us anytime with questions.  You can easily find us by Googling "staff directory utah division of real estate."  Happy New Year and thanks for maintaining high standards within our industry.

arrow_upward BACK TO TOP arrow_upward

---

Security Tips for Working From Home

In recent months, the Division has heard from licensees and from the Mortgage and Real Estate Commissions about security concerns for licensees working from home offices.  These concerns are due to the current pandemic forcing real estate and mortgage professionals to work from home and to changing attitudes about where we chose to work.  A home office is often where we find ourselves working as real estate, mortgage, and appraisal professionals.  The Division recently reviewed an article published by the Federal Trade Commission which provides security tips for working from home.  We republish this article with permission from the Federal Trade Commission.

---

FEDERAL TRADE COMMISSION

Consumer Information

consumer.ftc.gov

Online Security Tips for Working From Home

March 18, 2020
by Lisa Weintraub Schifferle
Attorney, FTC, Division of Consumer & Business Education

Teleworking during the Coronavirus outbreak?  While working from home can help slow the spread of the virus, it brings new challenges: juggling work while kids are home from school; learning new software and conferencing programs; and managing paper files at home.  As you're getting your work-at-home systems set up, here are some tips for protecting your devices and personal information.

• Start with cybersecurity basics.  Keep your security software up to date.  Use passwords on all your devices and apps.  Make sure the passwords are long, strong and unique: at least 12 characters that are a mix of numbers, symbols and capital and lowercase letters.
• Secure your home network.  Start with your router.  Turn on encryption (WPA2 or WPA3).  Encryption scrambles information sent over your network so outsiders can't read it.  WPA2 and WPA3 are the most up-to-date encryption standards to protect information sent over a wireless network.  No WPA3 or WPA2 options on your router?  Try updating your router software, then check again to see if WPA2 or WPA3 are available.  If not, consider replacing your router.  For more guidance, read Securing Your Wireless Network and Secure Remote Access.
• Keep an eye on your laptop.  If you're using a laptop, make sure it is password-protected, locked and secure.  Never leave it unattended — like in a vehicle or at a public charging station.
• Securely store sensitive files.  When there's a legitimate business need to transfer confidential information from office to home, keep it out of sight and under lock and key.  If you don’t have a file cabinet at home, use a locked room.  For more tips, read about physical security.
• Dispose of sensitive data securely.  Don't just throw it in the trash or recycling bin.  Shred it.  Paperwork you no longer need can be treasure to identity thieves if it includes personal information about customers or employees.
• Follow your employer's security practices.  Your home is now an extension of your office.  So, follow the protocols that your employer has implemented.

Want to learn more?  Read our small business cybersecurity materials and online security articles.  If you're able to work from home, thanks for helping slow the spread of the Coronavirus.

arrow_upward BACK TO TOP arrow_upward

---

Mortgage License Renewal 2022

The year 2021 has come to an end, and so too has the mortgage license renewal period.  This year, in addition to the Utah specific requirement of the 2-hour Utah Law Course, mortgage loan originators (MLOs) that were licensed between November 1st, 2020 and October 31, 2021 were required to complete the 5-hour Utah MLO Course before they can renew their MLO license for 2022.  The 2-hour Utah Law Course and the 5-hour Utah MLO Course (if required) are in addition to the 8 hours of Federal CE which is required nationally for all renewing mortgage licensees.  Both the 2-hour Utah Law Course and the 5-hour Utah MLO Courses are tracked through the NMLS.

The 2022 renewal cycle went smoothly with relatively few individual and industry phone calls, e-mails, and live chats regarding state-specific renewal requirements.  At the time of this writing 79% of our licensees have requested renewal and 90% have been approved.  As of this date, there are 794 applicants who have not yet had their renewal applications approved.

In addition to receiving a confirmation email from the NMLS stating that your renewal has been approved, you will also receive an email from the Division of Real Estate with your Mortgage license attached.  You may print your license at your convenience.

If however, you have not received an email confirmation through the NMLS system that your license renewal is approved and you requested your renewal more than two weeks ago, please log into your NMLS account and see if there are deficiencies on your license (license items) that are holding up the approval.  Please check your NMLS account in the following manner — Log in to your NMLS account: Click the "composite view," tab at the top of the screen, then 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 and the license status will display, click on the hyperlinked number under the "License Items" column to view license item information screen, item details will display under the "Active License Items" section.  Generally, there are corrections or additions required in your NMLS account that you can take care of fairly easily.  Mostly, they are for updating your employer history, or failing to authorize or provide required documentation.

If you requested renewal prior to the December 31, 2021, deadline, and you have no license item requirements, you can 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 your renewal before the end of the year, or failed to complete license item requirements, you should immediately discontinue any activity that requires a mortgage license until you have a renewal approved by the Division.

For individuals who fail to complete annual attestation and request renewal by December 31, the division offers a reinstatement period.  This period begins January 1 and runs through the end of February 2022.

You will need to complete all continuing education requirements, the 2021 Late CE, the 2-hour Utah Law course, and the 5-hr Utah MLO course (if required), request your renewal through the NMLS, pay the renewal fee and a $50 late fee.  If you completed your CE prior to the end of the year, but did not request renewal, you will not need additional CE, you will just need to request renewal and pay the renewal and late fee through NMLS prior to February 28th, 2022.  For more information on how request a late renewal please visit NMLS renewal resource center at https://mortgage.nationwidelicensingsystem.org/slr/common/renewals/Pages/default.aspx

Please note the importance of the February 28th, 2022 deadline.  After that date, licensees who wish to reapply for a Utah mortgage license will need to 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.

arrow_upward BACK TO TOP arrow_upward

---

Fourth Quarter Licensing & Disciplinary Actions

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: https://realestate.utah.gov/licensing-and-disciplinary-actions/

APPRAISAL/AMC

There were no disciplinary or licensing actions in the appraisal or AMC industries in the fourth quarter.

MORTGAGE

COLEMAN, AMBER, Lending Manager, Las Vegas, Nevada.  In a stipulated order dated December 1, 2021, Ms. Coleman admitted that she failed to turn over entity records in her possession to her sponsoring entity at the time of the termination of the sponsorship.  Failure to do so is a violation of Utah administrative rules.  Ms. Coleman agreed to pay a civil penalty of $2,000.  Case number MG-18-99944

USCATEGUI, JORGE E., mortgage loan originator, West Jordan, Utah.  In an order dated November 9, 2021, Mr. Uscategui's application for licensure was approved on probation due to outstanding tax liens.  Case number MG-21-130924

REAL ESTATE

ANDERSON, KAYLEE LYNN, sales agent, Draper, Utah.  In an order dated September 16, 2021, Ms. Anderson's license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-21-129663

BRUNT, CAMERON S., sales agent, Saratoga Springs, Utah.  On September 14, 2021, the Division issued a citation to Mr. Brunt for advertising in Facebook without including his brokerage information.  The citation assessed a fine in the amount of $150.  Citation # DREC-21-6, Case number RE-21-127279

BYERS, KAYLA GIBONEY, sales agent, Sandy, Utah.  In an order dated November 1, 2021, 2021, Ms. Byers's license was renewed and placed on probation for the renewal period due to a plea in abeyance in a criminal matter during the past licensing period.  Case number RE-21-130633

DOWDY, JASEN ERIC, sales agent, Layton, Utah.  In an order dated October 6, 2021, Mr. Dowdy's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-130998

ENCE, JR, GREGORY LEE, sales agent, Santa Clara, Utah.  In an order dated November 15, 2021, Mr. Ence's license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-21-130984

HANSEN, BLAKE, sales agent, South Jordan, Utah.  On August 3, 2021, the Division issued a citation to Mr. Hansen for failing to respond to a division request to produce documents within ten days.  The citation assessed a fine in the amount of $1,000.  Citation #DREC-21-5, Case number RE-19-113268

HEILESEN NATALIE, sales agent, Layton, Utah.  In an order dated October 28, 2021, Ms. Heilesen's license was renewed and placed on probation for the renewal period due to a plea in abeyance in a criminal matter during the past licensing period.  Case number RE-21-130572

HOLLAND, DAVID A., sales agent, Salt Lake City, Utah.  In an order dated September 29, 2021, Mr. Holland's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-129949

HOWELLS, GERALD S., sales agent, South Salt Lake City, Utah.  In an order dated November 19, 2021, Mr. Howells's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-131090

HUERTA SERRANO, AURORA, sales agent, St. George, Utah.  On September 14, 2021, the Division issued a citation to Ms. Huerta Serrano for advertising in Facebook without including her brokerage information.  The citation assessed a fine in the amount of $150.  Citation #DREC-21-7, Case number RE-21-127013

JOLLEY WILSON, JEANETTE LARIE, sales agent, Draper, Utah.  In an order dated November 5, 2021, Ms. Jolley Wilson's license was reinstated and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-130857

KRAMER, RYLAN JEFFERY, sales agent, Sandy, Utah.  In an order dated September 2, 2021, Mr. Kramer's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-129376

LUCERO, MATTHEW TANNER, sales agent, Millcreek, Utah.  In an order dated November 26, 2021, Mr. Lucero's license was granted and placed on probation for the initial licensing period due to pleas in abeyance in two criminal matters.  Case number RE-21-131264

MARTINEZ-MEJIA, BRHAYANN GIOVANNI, sales agent, Vineyard, Utah.  In an order dated October 15, 2021, Mr. Martinez-Mejia'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-21-130300

MARTINEZ, MARINO, associate broker, South Ogden, Utah.  In a stipulated order dated November 17, 2021, Mr. Martinez admitted that he acted as a limited agent in a transaction in which he was a principal in the transaction, in violation of Utah administrative rules.  Mr. Martinez agreed to pay a civil penalty of $2,000 and to complete six hours of continuing education in addition to the continuing education required for his next license renewal.  Case number RE-20-121656

MELE, SAMUEL AKBAR, sales agent, Springville, Utah.  In an order dated September 15, 2021, Mr. Mele's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-129617

MILLER, ASPEN, sales agent, St. George, Utah.  In an order dated October 6, 2021, Ms. Miller's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-130145

MILLER, ROD W., sales agent, Sandy, Utah.  In an order dated November 26, 2021, Mr. Miller's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-21-131270

MOSQUEDA, STEPHANIE J., associate broker, Cedar City, Utah.  In an order dated October 27, 2021, Ms. Mosqueda's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-130537

MUSSELMAN, LANDON, sales agent, Clearfield, Utah.  In an order dated November 15, 2021, Mr. Musselman's license was renewed and placed on probation for one year due to a plea in abeyance in a criminal matter during the past licensing period.  Case number RE-21-130977

PEREZ, MARIA KARINA, sales agent, Herriman, Utah.  In an order dated October 1, 2021, Ms. Perez's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-130019

POLNISCH, FREDERICK JASPER, sales agent, Duck Creek, Utah.  In an order dated September 23, 2021, Mr. Polnisch's license was reinstated and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-129818

PUEFUA, FUAMAIMAUGA JORDAN, sales agent, Herriman, Utah.  In an order dated October 27, 2021, Mr. Puefua'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-21-130534

REAVELEY, CLYDE, sales agent, Centerville, Utah.  In an order dated November 18, 2021, the Commission found that Mr. Reaveley does not meet the qualifications for licensure as a real estate sales agent due to his criminal history.  Mr. Reaveley's application for licensure was denied.  Case number RE-21-129960

RHODES, JOHN PAUL, sales agent, West Haven, Utah.  In a stipulated order dated November 17, 2021, Mr. Rhodes admitted that in a prior application he failed to disclose a criminal matter, in violation of Utah law and administrative rules.  Mr. Rhodes agreed that his license should be placed on probation for the renewing licensing period and that he should pay a civil penalty of $750.  Case number RE-21-130702

RITZMAN, MARLENE R., sales agent, St. George, Utah.  On September 15, 2021, the Division issued a citation to Ms. Ritzman for advertising without including her brokerage information in the ad.  The citation assessed a fine in the amount of $150.  Citation # DREC-21-8, Case number RE-21-127010

SABLJAKOVIC, DZENIS, sales agent, West Valley City, Utah.  In an order dated November 10, 2021, Mr. Sabljakovic's application to reinstate his license to practice as a real estate sales agent was denied due to a prior restriction placed on his license was and due to criminal conduct occurring during the past licensing period.  Case number RE-21-130948

SMITH, JASON A., sales agent, Hurricane, Utah.  In an order dated September 16, 2021, Mr. Smith's license was reinstated and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-129647

STEFFENSEN, SAVANNAH SKY, sales agent, Holladay, Utah.  In an order dated September 10, 2021, Ms. Steffensen's license was renewed and placed on probation for the renewal period due to a plea in abeyance in a criminal matter during the past licensing period.  Case number RE-21-129532

SULLIVAN, JOHNATHAN DANIEL, sales agent, Herriman, Utah.  In an order dated October 8, 2021, Mr. Sullivan's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-130193

TOLBERT, DION LEE, sales agent, Santa Clara, Utah.  In an order dated October 26, 2021, the Commission granted Ms. Tolbert's application for licensure and placed the license on probation for the initial licensing period, due to criminal history.  Case number RE-21-126745

WEST, MARTHA, principal broker, Park City, Utah.  In an order dated September 28, 2021, Ms. West's license was reinstated and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-21-126039

WINSTEAD, WILLIAM HAWK, sales agent, Park City, Utah.  In an order dated November 1, 2021, Mr. Winstead'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-21-130640

TIMESHARE

MARZOLA, NICHOLAS SEAN, timeshare salesperson, Salt Lake City, Utah.  In an order dated September 8, 2021, Mr. Marzola's application for registration as a timeshare salesperson was denied due to criminal history that that he failed to disclose in his application for registration.  Case number TS-21-129488

arrow_upward BACK TO TOP arrow_upward

---

Investigations Are a Lengthy Process

Currently, the Division has approximately 477 open real estate investigations, 136 open mortgage investigations and 30 appraisal cases.  Investigators carry a caseload of anywhere between 40 to 50 cases at a time.  Once an investigator is assigned a case, they begin gathering documents and requesting information.  This process is time consuming.  The investigator relies on other parties to provide the information needed in order to make a valid and consistent determination.

The challenge is working through cases swiftly while requesting information, following up on requests, reviewing documents and information, interviewing witnesses, and writing reports on upwards of 50 cases at any given time.  For all the reasons mentioned, investigations take time, more time than one would like or imagine.  A Respondent who is resistant to the investigative process and refuses to cooperate or produce records, as the statute requires, adds to this lengthy process.

To ensure a timelier resolution to a case, please cooperate with the Division investigator and provide the requested information.  Doing so may also avoid you being found in violation of additional violations.  If you file a complaint, please provide the necessary evidence to support your allegations.  The majority of complaints the Division receives are closed with a finding of no violation.  This result may occur because the facts do not support the finding of a violation, or because the investigator is unable to obtain the necessary evidence to support the allegations.

The Division appreciates your patience and understanding of the lengthy investigative process.

arrow_upward BACK TO TOP arrow_upward

---

Recap from Association of Appraiser Regulatory Officials Conference

Kadee Wright, Chief Investigator of the Division, attended the Association of Appraiser Regulatory Officials (AARO) conference in October.  There was a lot of discussion surrounding PAREA (Practical Applications of Real Estate Appraisal) which is an alternative pathway to gain experience through interactive course work rather than acquiring experience in the traditional manner, in the field with a supervisory appraiser.  Currently, there is not an approved PAREA module, although we were told that two providers have submitted modules for review by national appraisal program regulators.

The Appraisal Institute was awarded a grant from the Appraisal Foundation to develop a PAREA module which will be ready for the public in 2023.  PAREA requires mentors to be available as needed.  Those of you who are currently a supervisory appraiser may want to also become a mentor for an approved PAREA course when one becomes available.

Bias, Diversity, Equity and Inclusion were also hot topics of discussion at the conference, and at this time are some of the biggest challenges facing the appraisal industry.  There have been numerous negative press reports as well as concerning data collected by Freddie Mac regarding how bias, diversity, equity and inclusion issues affected appraisal reporting.  In June 2021, President Biden directed HUD to lead an interagency initiative to address inequity in home appraisals known as PAVE, (The Interagency Task Force on Property Appraisal and Valuation Equity).  The new 7-hour National USPAP update course will include 2 hours of education related to bias and avoiding discrimination.

arrow_upward BACK TO TOP arrow_upward

---

Instructor Development Workshop 2021

Park City

The Division recently conducted its annual Instructor Development Workshop for Real Estate, Mortgage, and Appraisal Instructors.

The morning of the first day, Director Jonathan Stewart presented statutory and administrative rule changes that occurred this year and outlined proposed changes to the statute in the upcoming legislative session.

Director Stewart was followed by Mark Fagergren, the Director of Licensing & Education.  Director Fagergren presented licensing and education highlights for the past year, including overall large increases in licensing numbers, changes to the 2022 Mandatory Course outlines, and discussed how the FBI RAP Back Fingerprint enrollment process was proceeding.

Kadee Wright, Chief Investigator for the Division, discussed enforcement statistics and shared insight on areas pertaining to enforcement concerns and significant actions that have been conducted and stipulated to in the past year.

After lunch, our featured presenter Craig Grant "The Real Estate Tech Guru" from Stuart, Florida conducted the remainder of the two-day event.  Craig presents over 150 speaking engagements around the country every year including some of the industry's top events for NAR, CRS, many state associations, and national franchises.  Mr. Grant presented techniques and methods to help our industries' instructors improve their techniques and presentation skills.

Selected comments from attendees include the following comments:

• "Good information on technology & teaching methods.  The course material was well organized…Lots of new information both useful and relevant."
• "I appreciated the presentation on the types of classroom learning activities that can be utilized and the Zoom meeting helpful tips."
• "The information was very relevant for any instructor.  The presenter was very familiar with the products & platforms that he introduced us to."
• "More useful information than I had anticipated."
• "I thought everything was great!"
• "The Zoom section was educational and provided real life practical applications for the class."
• "The instructor used multi-media, activities like polls, quizzes, breakout sessions, etc.  Excellent content & super relevant.  I learned many new things & will incorporate them into my classes."
• "I loved Craig's energy.  He had a great understanding of the material that he presented.  He had constant presenter/attendee eye contact.  He was immersed in material while fully being engaged with students!!!  WONDERFUL!!!"
• "Great class – Great information – I learned many things about technology that I didn’t know."
• "Craig is a great instructor with a ton of knowledge. He really makes the 'techie stuff' easily understandable."

Craig Grant achieved his goal of "raising attendees" overall technical skill level.  Thank you Craig for an outstanding Instructor Development Workshop, and Division thanks to the 75 attendees that helped make this such a successful event!

arrow_upward BACK TO TOP arrow_upward

---

Credits

---

In this issue:

• Director's Message
• Real Estate Services during a Stay-at-Home Order
• Legislative Update
• New Targeted Solicitation Law
• Rule Developments since January 1, 2020
• Mortgage Renewal Wrap-Up
• Appraisers Beware
• AMC National Registry Reporting and Fees
• Broker Brush-Up
• 1st Quarter Licensing & Disciplinary Actions
• Conclusion of Testimony by David S. Bunton
• Utah 2020 Instructor Development Workshop (IDW)
• Division Staff Spotlight
• Kagie's Korner
• Credits

---

Impact of COVID-19 on Division of Real Estate Operations

by Director Jonathan Stewart

As directed by the Governor’s Office, the Division of Real Estate is attempting to practice social distancing.  This has affected many aspects of how the Division has operated and continues to operate.

What does this mean for you?

Fingerprinting and License Renewal

On March 16th, the Division discontinued performing fingerprinting.  We are also aware that many other locations around the state have discontinued this service as well.  On March 30th, the Bureau of Criminal Identification announced they are discontinuing fingerprinting services until at least April 14th. Please check our website for additional information.

Until further notice, we will not be requiring enrollment in RAP Back fingerprinting to renew your real estate and appraisal licenses.   This will be in effect until fingerprinting resumes.  Please keep in mind, those who do not submit to a background check and enroll in RAP Back during this renewal cycle will be required to enroll at a later date.  Please note that delaying the RAP Back fingerprinting requirement does not affect the requirement to disclose criminal history that occurred during the prior licensing period, if any.

We have extended renewal dates for those who would have expired in March until April 30, 2020.  Remember, this does not change the requirement to complete your CE.  There are many online CE options, and multiple live class instructors have worked with the Division to get innovative class formats approved.

Testing

On March 16th, Pearson Vue, our testing provider, notified us that their testing centers would be closed until at least mid-April.  Those seeking to take a broker, sales agent, or principal lending manager exam will not be able to test until further notice.  Those whose education expires while testing centers are closed will be evaluated on a case-by-case basis to determine if extensions to test will be granted.

Commission Meetings

The Division has also decided to close Commission or Board Meetings to those wishing to attend in person.  Commission and Board Meetings are still public meetings and we want those who are interested to attend remotely.  In March, we held both an Appraisal Board Meeting and Real Estate Commission Meeting remotely.  The Division will post meeting information on our website, including how to attend remotely for those who are interested.  Recordings of these meetings are also available on the Utah Public Meetings website.

Public Access to the Division

On March 24th, the Executive Director of the Department of Commerce announced that the Heber Wells Building is closed to the public until further notice.  All services offered by the Division of Real Estate are available through email, telephone, RELMS, and instant chat.  We hope to open back up to the public soon, but are taking necessary precautions to prevent the spread of coronavirus.

CARAVAN Canceled

Due to the virus outbreak and the uncertainty surrounding the next few months, we made the difficult and unfortunate decision to cancel CARAVAN this year.

arrow_upward BACK TO TOP arrow_upward

---

Real Estate Services during a Stay-at-Home Order

Recently Summit and Salt Lake Counties have both issued stay-at-home orders.  Many have asked how this affects real estate and related activities.  The US Department of Homeland Security issued guidance stating that residential real estate is an essential business.  The National Association of Realtors® has also issued the following:  Coronavirus: A Guide for REALTORS®.

Summit County

Recently, Summit County issued a stay at home order.  The Park City Board of Realtors® appealed the decision to not include certain real estate services as essential activities.  Summit County agreed to amend their Public Health Order to include the following amendments:

22. Real estate-related services, including: (i) the showing of commercial and residential real property by licensed real estate agents, (ii) the visitation of properties by licensed appraisers for purposes of appraising the value of said property; (iii) the inspection of real property by licensed home inspectors; (iv) the surveying of property by licensed surveyors; (v) the cleaning of residences, if performed in connection with the sale of real property; and (vi) the services of licensed and bonded moving companies if performed in connection with the sale of real property.  All services performed under this subsection shall be subject to the Social Distancing Requirements set forth in this Order.

As you can see, this amendment applies to brokers, sales agents, and appraisers, among other professions.

For this amendment to take effect, the Park City Board had to agree to the following conditions:

1. No open houses will be held while Public Health Order 2020-03 and the "Stay at Home" order is active;
2. Realtors®, clients, or other related real estate services are to travel in separate vehicles to any real estate related service or transaction;
3. Real estate transactions should be conducted electronically whenever possible.   In person transactions should be limited to property showings or activities that cannot otherwise be accomplished electronically.  When in person meetings are necessary, such as showing a home, social distancing shall be observed; and,
4. Real estate offices shall be closed to the general public.  Staff are allowed to work from the place of business, but must practice social distancing and comply with CDC recommendations for handwashing, hand sanitizer, and disinfection of workplaces.

Additionally, as proposed in the appeal, the approval is conditional upon compliance with the following items:

• In working with clients REALTORS® will take every precaution by providing hand sanitizer, or soap and water for clients when meeting with them;
• When doing a walk-through of a property, REALTORS® will encourage social distancing as well as no touching of items in the property such as doorknobs, light switches, bathrooms, kitchen appliances, etc.;
• The number of people in a residence being shown to a buyer will always be limited to potential buyer/buyer’s family and buyer’s agent;
• Prior to meeting in person with any potential client, REALTORS® will ask clients prior to meeting if they have: (i) tested positive for COVID-19; (ii) had any in-person contact with a person who has tested positive for COVID-19; or (iii) had any symptoms of COVID-19.  If any of these questions are answered in the affirmative, the REALTOR® will not meet with the client;
• Washing hands frequently with soap and water for at least 20 seconds.  If soap and water aren't available, use an alcohol-based hand sanitizer;
• Avoid touching your eyes, nose, and mouth with unwashed hands;
• Practice social distancing by staying out of crowded places, avoiding group gatherings, and maintaining distance (approximately 6 feet) from others when possible;
• Avoid close contact with anyone who is sick;
• Stay home if you have a fever, cough, shortness of breath or any other cold or flu-like symptom; and,
• Clean and disinfect frequently touched objects and surfaces.

Whether you are a real estate broker, agent, or appraiser, please take the appropriate precautions to keep yourself and others safe.

arrow_upward BACK TO TOP arrow_upward

---

2020 Legislative Update

In the 2020 Legislative Session, Representative Cal Musselman and Senator Kirk Cullimore assisted the Division by running H.B. 147, 1st Substitute, Division of Real Estate Amendments.  The changes in this year’s bill affect real estate, mortgage, appraisal, appraisal management, and subdivisions.  All changes were discussed with the Real Estate Commission, Mortgage Commission, and Appraisal Board.

The Division appreciates the support we received from Representative Musselman, Senator Cullimore, and the Utah Association of Realtors during the legislative process.

The changes made in H.B. 147S01 will go into effect on May 12, 2020.  This article only provides highlights of the changes made; if you have questions, please read the exact language found in the bill or contact the Division.

H.B. 147 — https://le.utah.gov/~2020/bills/hbillamd/HB0147S01.pdf

H.B. 147S01 – Summary of Changes

Changes Affecting Real Estate, Mortgage, and Appraisal

• Removed reference to crimes of moral turpitude.

The term moral turpitude is subjective. H.B. 147S01 replaced this term with specific types of crimes the division and commission care about:  Felonies and Class A and B Misdemeanors involving fraud, misrepresentation, theft, or dishonesty.

Residential Mortgage Practices and Licensing Act

• 61-2c-102. Definitions, 61-2c-204.1. Education providers -- Education requirements – Examination requirements.
  • Removed references to Utah approved continuing education.

  All continuing education is now approved through the Nationwide Multistate Licensing System (NMLS).

• 61-2c-202. Licensure procedures.
  • Removed requirement to submit to a periodic background check with the Bureau of Criminal Identification.

  Mortgage licensees receive their background check through the NMLS, which is an FBI background check.  Leaving this unchanged would require all mortgage licensees to submit to two background checks.

Real Estate Licensing and Practices Act

• 61-2f-205. Form of license – Display of license.
  • Removed the requirement for a broker to keep a license copy for all licensees affiliated with their brokerage.

  With technology today, a broker can easily pull up evidence of licensure through RELMS or the division’s website.

• 61-2f-401. Grounds for disciplinary action.
  • Removed reference to unprofessional conduct as defined by state or rule.

  Unprofessional conduct has never been defined in statute or rule.

• 61-2f-402. Investigations.
  • Clarified that the division can only commence a disciplinary action within four years for failing to register a branch office (61-2f-206), failure to voluntarily furnish a copy of a document (61-2f-401(8)), and failure to respond to a request from the division (61-2f-401(18)).

Real Estate Appraiser Licensing & Certification Act

• 61-2g-401. State-certified and state-licensed appraisers – Restrictions on use of terms – Conduct prohibited or required – Trainee.
  • Rulemaking authority for the signing of an appraisal report and the disclosure and use on an appraiser or an appraiser trainee’s division-assigned credential, registration, license, or certification number.

Appraisal Management Company Registration & Regulation Act

• 61-2e-306. Removal of appraiser from appraisal panel.
  • Clarified that an Appraisal Management Company can remove an appraiser from a panel even within the first 30 days of adding them to the panel.

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.

arrow_upward BACK TO TOP arrow_upward

---

New Targeted Solicitation Law

A new law that goes into effect on May 12, 2020 may affect lenders and those who represent that they are the financial institution of an account holder.  H.B. 113, Consumer Sales Practices Amendments prohibits a supplier who is not the financial institution of an account holder from representing, directly or indirectly, that the supplier is the financial institution of the account holder.  Over the years, the Division has heard about companies that send direct mailers that misrepresent the source of the mailer.  These direct mailers appear as though they are coming from the company where the consumer has an account, when in reality it is coming from a different company.  This new law prohibits this practice.  If a targeted solicitation is used, the following provisions must be followed:

• A targeted solicitation, if offered in writing, shall include a clear and conspicuous statement in bold type on the front page of the document containing:
  • the name, address, and telephone number of the supplier offering the targeted solicitation; and
  • a statement indicating that the supplier offering the targeted solicitation is not sponsored by or affiliated with the financial institution that holds the account holder’s account.
• If the targeted solicitation is offered orally, the supplier offering the targeted solicitation shall verbally communicate the statement described above.

A supplier who violates this section commits a deceptive act or practice under 13-11-4(1). Each violation can come with a fine of up to $2,500.  The Division of Consumer Protection will enforce this new law.  If an individual uses your company’s name in targeted solicitations after May 12, 2020 without your authorization, please file a complaint with the Division of Consumer Protection.

arrow_upward BACK TO TOP arrow_upward

---

Rule Developments since January 1, 2020

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/.

Appraisal Management Company Rules

On February 1, 2020, the five-year review of the Appraisal Management Company Administrative Rules ("AMC Rules") was published for the proposed continuation of the AMC Rules.

Appraisal

The Real Estate Appraiser Licensing and Certification Board is considering the possible amendment of the Real Estate Appraiser Licensing and Certification Rules.  More information on the details of any proposal to amend the Rules will be available in the next quarterly newsletter.

Mortgage

On February 1, 2020, the five-year review of the Utah Residential Mortgage Practices and Licensing Rules "Mortgage Rules") was published for the proposed continuation of the Mortgage Rules.

Real Estate

The Real estate Commission is considering the possible amendment of the Real Estate Licensing and Practices Rules.  More information on the details of any proposal to amend the Rules will be available in the next quarterly newsletter.

Timeshare and Camp Resort

On February 1, 2020, the five-year review of the Timeshare and Camp Resort Rules (“Timeshare Rules”) was published for the proposed continuation of the Timeshare Rules.

arrow_upward BACK TO TOP arrow_upward

---

Mortgage Renewal Wrap-Up

A yearly comparison of licenses renewed 2020 vs 2019

arrow_upward BACK TO TOP arrow_upward

---

Appraisers Beware!

The Division received a complaint regarding an Appraisal Management Company ("AMC") that appears to be fictitious.  The solicitation this company mailed out invites appraisers to register with the AMC for a small registration fee.  Their website is well put together and looks very professional, however, this entity is not licensed or registered in the state where they claim to be located and they are not licensed in Utah as an AMC.

Appraisers can verify an AMC’s registration on the Division’s website, realestate.utah.gov and by the end of the year you should be able to check the Appraisal Subcommittee’s National Registry of AMCs to verify AMC registration.  The Division encourages appraisers to be aware of scams and check licensing status before paying an AMC to be added to a panel.

arrow_upward BACK TO TOP arrow_upward

---

AMC National Registry Reporting and Fees

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 the month of April, each AMC registered in Utah will be contacted by the Division to initiate an annual reporting process 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 will be distributed and will also be available on our website: https://realestate.utah.gov/amc/.

The reporting process will include 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 12/31/2019.

Each AMC registered in Utah will be required to complete the AMC Annual National Registry Reporting form and return it to the Division with the determined fees by May 31, 2020.  Those that meet the requirements will become effective on the AMC National Registry from July 1, 2020 through June 30, 2021, so long as their Utah AMC registration is active.

If your company holds a Utah AMC license, please watch for the communication from the Division in the next couple of weeks.

arrow_upward BACK TO TOP arrow_upward

---

Broker Brush Up Series

I. Duties to Clients in Real Estate and Property Management	Q1 Newsletter
II. Transaction Files & Trust Accounts	Q2 Newsletter
III. Record Retention – 401K – Invest	Q3 Newsletter
IV. Supervision – Safe Harbor – Duties to Agents	Q4 Newsletter

Part I of IV: Duties to Clients

First of all – I want to give a shout-out to the many phenomenal brokers out there running their brokerages with expertise and wisdom.  We value the leadership and commitment you show to your clients, sales agents, the industry, and the community.

As you can imagine, there is a substantial difference between a broker running a brokerage with one or two sales agents and a broker supervising hundreds of sales agents.  At the Division, all are held to the same standards. You may not have read the broker responsibilities in the Utah Code and Administrative Rules recently, so this year we thought a series of articles aiming to brush up your skills as a broker would be expedient.  If you aren’t a broker but are thinking about the possibility of upgrading your license, read on as well! Let’s start things out with broker duties to clients.

The handling of client funds is paramount, so let’s go over a few earnest money rules.  The deposit of earnest money from a buyer in a real estate transaction should be deposited into the brokerage trust account within three business days of receipt unless otherwise specified in the contract.  If the parties to the transaction agree in writing, the earnest money may also be retained by a title company or another authorized escrow entity.

In a property management transaction, any funds received from a client or a tenant must be deposited into the brokerage trust account within three business days, unless otherwise specified in the contract.  A property management broker may also forward or deposit client or tenant money into an account maintained by the property owner within the same time frame.

Let’s switch topics to another client duty, keeping clients updated throughout a transaction.  Many real estate transactions are completed within 30 days, but did you know that as a principal or branch broker, you are required to provide a detailed statement showing the status of a transaction to your clients every 30 days until closing or failure?  It is also a requirement to provide a status update to your client upon request.  It might be prudent to track transactions that exceed a 30 day closing window so you can send out a friendly status update to let your clients know you are appreciative and mindful of their business.

Now, moving on to taking care of your clients at settlement.  You need to make sure that the client’s agent or broker licensee affiliated with your office reviews the closing documents for content and accuracy, before or at closing.  If you settle at a title company, it is common that the escrow officer provides your clients with a copy of closing documents, but it is your responsibility to make sure they receive these copies.

If you want to read the Utah Administrative Rule pertaining to the content above, see R162-2f-401c Additional Provisions Applicable to Brokers.

Easy peasy so far, right?!  Brief recap, take care of your clients’ earnest money, transaction updates and closings.  That’s all for now, until next time — Part II Transaction Files & Trust Accounts – Q2.

Laurel North – Broker Licensee & Investigator – Division of Real Estate

arrow_upward BACK TO TOP arrow_upward

---

First Quarter Licensing and Disciplinary Actions 2020

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.

APPRAISAL

AMR APPRAISALS, INC DBA GOT APPRAISALS, JOE REID III, Owner/Manager, Appraisal Management Company, San Ramon, California. In a stipulated order dated December 11, 2019, Got Appraisals admitted that it failed to pay appraisers’ fees within 45 days of completion of appraisal assignments, in violation of Utah Administrative Rules. Got Appraisals agreed to pay a civil penalty of $5,000. Case number AP-19-107001

U.S. REAL ESTATE SERVICES, INC., KEITH GUENTHER, Owner/Manager, Appraisal Management Company, Lake Forest, California. In a stipulated order dated January 22, 2020, U.S. Real Estate Services admitted that it broadcast an appraisal assignment to two or more independent contractor appraisers and then awarded the assignment to an appraiser without waiting the required 120 minutes or until each appraiser had responded to the offering. These actions are contrary to the Utah Administrative Rules. U.S. Real Estate Services agreed to pay a civil penalty of $3,000. Case number AP-19-106732

MORTGAGE

COMMUNITY LENDING GROUP, INC., mortgage lender company, Riverton, Utah. In a stipulated order dated December 4, 2019, Community Lending Group admitted that it mailed letters to prospective borrowers to solicit their mortgage business. The letters suggested that the recipient needed to act quickly in order to qualify for a reduced FHA Mortgage Insurance Premium even though the premium decrease had been in effect months prior to the mailing. The Division concluded that these acts and practices were false or misleading advertising in violation of Utah law and administrative rule. Community Lending Group has been sanctioned on two prior occasions for misleading advertisements. They agreed to pay a civil penalty of $5,000 and to update their MU-1 Form. Case number MG-15-79691

JOHNSON, GARY BRIAN, mortgage loan originator, St. George, Utah. In a stipulated order dated December 4, 2019, Mr. Johnson admitted to having failed to disclose criminal history in his application for licensure in violation of Utah law and administrative rules. Mr. Johnson was granted a license to practice as a mortgage loan originator. He agreed to pay a civil penalty of $1,000 and to have his license placed on probation for the initial licensing period. Case number MG-19-114620

TELLO, ANA MARIA, lending manager, Taylorsville, Utah. In a stipulated order dated December 4, 2019, Ms. Tello agreed to dismiss her petition for judicial review of a 2018 order against her entered by the Commission and Division and the Commission and Director agreed to vacate the 2018 order. Ms. Tello also agreed to pay a civil penalty of $2,500, to repeat the 40 hour Principal Lending Manager pre-licensing education, and to have her lending manager license suspended for three months with credit for time suspended previous to her appeal. Her license remains suspended until she repeats the 40 hour pre-licensing education course and passes the lending manager exam. Case number MG-14-72214 and docket number MG-2018-008

REAL ESTATE

ASH, DAVID E., sales agent, Clearfield, Utah. On January 21, 2020, the Division issued a citation to Mr. Ash for failure to disclose criminal history occurring since his prior renewal when he applied for renewal of his license. The citation assessed a fine in the amount of $500. Citation # DREC- 20-2 and case number RE-19-114085

BALL CHRISTIAN J., sales agent, Salt Lake City, Utah. In an order dated January 21, 2020, Mr. Ball’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-115792

CASTILLO, REYES LEOVANI, sales agent, Midvale, Utah. On December 5, 2019, the Division issued a citation to Mr. Castillo for advertising his real estate services without identifying his brokerage affiliation but instead identified a marketing entity that is not registered with the Division. The citation assessed a fine in the amount of $500. Citation # DREC-19-26 and case number RE-18-101677

COOPER, BRADEN L., sales agent, Provo, Utah. In an order dated January 21, 2020, Mr. Cooper’s application for licensure was denied due to criminal history. Case number RE-19-114137

CRAYK, CAMERON K., sales agent, Cottonwood Heights, Utah. In an order dated January 21, 2020, Mr. Crayk’s license was reinstated and placed on probation for the renewal period due to a prior stipulation with the Division related to his sales agent license and due to criminal conduct occurring in the previous licensing period. Case number RE-20-115794

CROWE, IAN T., sales agent, St. George, Utah. In an order dated January 3, 2020, Mr. Crowe’s license was renewed and placed on probation for the renewal period due to a pending criminal matter. Case number RE-20-115453

CUNNINGHAM, TYSON ROBERT, sales agent, Syracuse, Utah. In an order dated January 23, 2020, Mr. Cunningham’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-20-115872

CURTIS, WILLIAM H., sales agent, Roy, Utah. In a stipulated order dated December 18, 2019, Mr. Curtis admitted to placing an advertisement for sale of property that did not include his name, his brokerage, the fact that he is a licensed sales agent, or that he was the owner of the property. These disclosures are required under Utah law and administrative rules. Mr. agreed to pay a civil penalty of $150. Case number RE-18-101697

HILL, SHELLI LYN, sales agent, Salt Lake City, Utah. In an order dated December 17, 2019, Ms. Hill’s license was granted and placed on probation due to a pending criminal matter. Case number RE-19-115094

ISAAC, GEORGE ANDREW, unlicensed, Denver, Colorado. On February 10, 2020, the Division issued a citation to Mr. Isaac for advertising several Utah properties for sale. He is not licensed to practice real estate in Utah. The citation assessed a fine in the amount of $1,000. Citation # DREC- 20-4, case number RE-19-115129

KNIGHT, PEGGY A., principal broker, Salt Lake City, Utah. In a stipulated order dated December 18, 2019, Ms. Knight admitted to having violated Utah administrative rules which prohibit a licensee from acting or attempting to act as a limited agent in any transaction involving an entity buying or selling property if the licensee is an officer, director, partner, member, employee, or stockholder of that entity. In this case, Ms. Knight was the sole owner of the entity selling the property. Ms. Knight suggested as mitigating factors that the buyer is a licensed sales agent with extensive experience with real estate transactions and the buyer and Ms. Knight have purchased and sold real estate with each other in the past with neither person relying on the other as principal or agent. She agreed to pay a civil penalty of $1,000 and to complete three hours of continuing education on the topic of agency in addition to the continuing education required for her next license renewal. Case number RE-19-107293

KOCH, STEPHEN ADAM, principal broker, Draper, Utah. In a stipulated order dated January 15, 2020, Mr. Koch admitted that he executed a limited agency consent agreement involving a short sale transaction. The local municipality had obtained a lien against the subject property in the amount of $14,900. The short sale lender approved closing costs in the transaction including payment of the lien. Mr. Koch represented that there were no funds to pay the lien and negotiated a payment to the municipality of $150 to satisfy the lien. The title company disbursed funds allocated to pay the full amount of the lien with one-half of the amount paid to Mr. Koch and one-half paid to the buyer. After the commencement of an investigation by the Division, Mr. Koch returned the money he had received to the title insurance company and the title insurance company paid the full amount of the lien to the municipality. Mr. Koch’s actions in this case were in violation of Utah law and administrative rules. He agreed to the revocation of his broker’s license and was granted a sales agent license that would be suspended for one year and then be placed on probation for three additional years. He will not apply for a broker license during the period that his license is on probation. In addition, Mr. Koch agreed to pay a civil penalty of $7,500 and to complete six hours of continuing education, three hours on the topic of Utah law and three hours on the topic of ethics, in addition to the continuing education required for his next license renewal. Case number RE-15-78579 and docket number RE-2019-018

LAND, NICHOLAS RON, sales agent, West Valley City, Utah. In an order dated December 31, 2019, Mr. Land’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-19-115374

MACKAY, DEVIN, sales agent, Pleasant Grove, Utah. In a stipulated order dated February 19, 2020, Mr. MacKay admitted that he failed to disclose criminal history in his application for licensure, in violation of Utah law and administrative rules. Mr. MacKay’s license was granted on probation for the initial licensing term and he agreed to pay a civil penalty of $1,000. Case number RE-20-116431

MCGREGOR, BENJAMIN KEITH, sales agent, American Fork, Utah. In a stipulated order dated January 15, 2010, Mr. McGregor admitted that he failed to disclose criminal history in his application for licensure, in violation of Utah law and administrative rules. Mr. McGregor’s license was granted on probation for the initial licensing term and he agreed to pay a civil penalty of $1,500. Case number RE-20-115613

MILLER, ROD W., sales agent, Sandy, Utah. In an order dated December 10, 2019, Mr. Miller’s license was reinstated and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-19-114920

MISKO, NICOLAUS, sales agent, Sandy, Utah. In an order dated January 14, 2020, Mr. Misko’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-115697

MURRAY, DEVIN, sales agent, Salt Lake City, Utah. In an order dated December 13, 2019, Mr. Murray’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-19-115013

OSMOND, HEATHER A., sales agent, Alpine, Utah. In a stipulated order dated February 19, 2020, Ms. Osmond admitted that she failed to disclose prior to the execution of a binding purchase agreement her position as a principal in the transaction. She agreed to pay a civil penalty of $1,500 and to complete three hours of continuing education on the topic of Utah law in addition to the continuing education required for her next license renewal. Case number RE-17-88549

OSTLER, STEPHEN, sales agent, Ogden, Utah. On December 10, 2019, the Division issued a citation to Mr. Ostler for advertising in a false, misleading, or deceptive manner. In addition, Mr. Ostler’s advertising identified his prior brokerage affiliation rather than his current brokerage affiliation in the misleading advertisement. The citation assessed a fine in the amount of $1,000. Citation # DREC-19-28 and case number RE-19-110806

PATTERSON, JAIME LYNN, sales agent, Salt Lake City, Utah. In an order dated December 31, 2019, Ms. Patterson’s application for licensure was denied due to criminal history and the previous sanction of Ms. Patterson’s occupational license by another state agency. Case number RE-19-115381

RASSENFOSS, JAMES, unlicensed, Denver, Colorado. On February 10, 2020, the Division issued a citation to Mr. Rassenfoss for advertising several Utah properties for sale. He is not licensed to practice real estate in Utah. The citation assessed a fine in the amount of $1,000. Citation # DREC-20-3, case number RE-19-115135

ROGERS, JOSEPH K., sales agent, Taylorsville, Utah. In an order dated February 26, 2020, Mr. Roger’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-116782

SHORT, RYAN W., sales agent, Smithfield, Utah. On December 3, 2019, the Division issued a citation to Mr. Short for advertising in the name of an entity that is not registered with the Division. The advertisement failed to identify the brokerage with which he is affiliated. The citation assessed a fine in the amount of $1,000. Citation # DREC-19-25 and case number RE-19-112040

STADIG, TODD, sales agent, Draper, Utah. In an order dated January 24, 2020, Mr. Stadig’s application for licensure was denied due to a number of unpaid judgments and tax liens entered against him. Case number RE-20-115885

STAPEL, HEIDI P., principal broker, Sandy, Utah. In a stipulated order dated February 19, 2020, Ms. Stapel admitted that she advertised property available for rent or lease with an option to purchase. At the time, the property was listed on the MLS by another agent not affiliated with Ms. Stapel. Ms. Stapel’s advertisement did not identify the name of the listing agent or the listing agent’s brokerage affiliation and Ms. Stapel did not have written permission from the property owner to place the advertisement. Ms. Stapel’s actions are in violation of Utah law and administrative rules. She agreed to pay a civil penalty of $500 and to complete three hours of continuing education on the topic of agency in addition to the continuing education required for her next license renewal. Case number RE-17-93964

TSHITUKA, HAZAEL M., sales agent, Pleasant Grove, Utah. In an order dated January 14, 2020, Mr. Tshituka’s license was granted and placed on probation for one year due to a plea in abeyance in a criminal matter. Case number RE-20-115699

WELLARD, DANA, sales agent, Duchesne, Utah. In an order dated February 21, 2020, Ms. Wellard’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-116634

WOLFF, ERIC M., sales agent, Park City, Utah. In an order dated February 21, 2020, Mr. Wolff’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-116632

TIMESHARE

FINE, LISA D., salesperson, Herriman, Utah. In a stipulated order dated January 28, 2020, Ms. Fine admitted that she failed to disclose criminal history in her application for registration, in violation of Utah law and administrative rules. Ms. Fine agreed to pay a civil penalty of $500. Case number TS-20-115810

arrow_upward BACK TO TOP arrow_upward

---

Conclusion of Testimony by David S. Bunton

President, The Appraisal Foundation Conclusion

What’s Your Home Worth? A Review of the Appraisal Industry

Diversity in the Appraisal Profession

Diversity within the appraisal profession does not reflect the racial composition of the U.S. proportionately.  A recent survey conducted by The Appraisal Foundation found that 73 percent of respondents identified as male while 23 percent identified as female.  90 percent identified as Caucasian, 4 percent identified as Hispanic or Latino, 2 percent identified as Black or African American, and 1 percent identified as Asian.  The findings of this survey were similar to other surveys conducted by various appraisal organizations.

The Foundation realizes there is much to be done to increase diversity in the profession.  We are committed to working with our affiliated organizations to ensure that the appraisal profession reflects the broad diversity of consumers reliant on valuation services.

The Foundation is pleased to report increased gender diversity on our Board of Trustees (BOT) and our two independent boards, the Appraiser Qualifications Board (AQB) and the Appraisal Standards Board (ASB).  For the first time in the 32-year history of the Foundation, the ASB is majority female.  The BOT is 33 percent female.  Both of these boards exceed the percentage of women in the appraisal profession.

The Foundation actively participated in International Women’s Month in March by profiling our women leaders in industry trade publications and highlighting why a career in appraising is a good choice for women.  The Foundation understands that when creating gender and racial diversity, it must be an intentional effort.  The Foundation committed to greater gender diversity several years ago, and we are seeing the fruits of those efforts now.

Another Foundation project that may help to increase racial diversity within the appraisal profession is our Veterans Outreach Initiative.  This past May, we developed a resource webpage that provides veterans with information about a career in appraising and a network of Appraisers who are veterans.  Brad Swinney, U.S. Army Veteran and member of the AQB, recently noted, "We firmly believe that warriors who protected the greatest nation make for proud guardians of the public trust through valuation, which helps protect the greatest economy in the world."  Since the page has launched, the response from appraisers who are veterans wanting serve on the network and veterans looking to speak with appraisers has surpassed our expectations.

Pew Research recently found that as the United States of America has become more racially and ethnically diverse, so too has the U.S. military.  The research found that racial and ethnic minority groups made up 40 percent of Defense Department active-duty military in 2015; up from 25 percent in 1990.  As the most racially and ethnically diverse class of veterans are returning home and transitioning to a new career, we want them to consider the benefits of becoming an appraiser.⁶

While our veterans’ outreach activities will help reach a racially and ethnically diverse audience, we continue to explore additional avenues.  The AQB established a review program for college degrees in real estate.  Under this program, the AQB analyzes real estate-related degrees, at no cost to the school, to determine how the education required to obtain a degree can be applied to the Required Core Curriculum in the Real Property Appraiser Qualification Criteria.  State appraiser regulatory agencies use this information when reviewing the educational qualifications of applicants that hold such degrees.  To date, the AQB has analyzed 20 undergraduate and graduate programs.

The AQB is working to expand its real estate degree review program to colleges with large student populations of veterans as well as to historically black colleges and universities.

The Foundation is also engaged in activities to reach first-time and low-income homebuyers.  To help demystify the appraisal process, the Foundation created a homebuyer educational module titled, "What Every Homebuyer Should Know About an Appraisal."  The Foundation developed this program to assist presenters of first-time homebuyer education classes around the country.  It includes vital information and resources for consumers on what an appraisal entails, how an appraiser determines value, and how to interpret an appraisal report.  This information and our other consumer resources should help homebuyers not fall victim to predatory lending schemes – schemes that disproportionally targeted racial and ethnic minorities during the years leading up to the financial crash in 2008.  We are pleased that these modules are being used by national affordable housing organizations.

Much of these efforts are due to our long-standing relationship with the National Society of Real Estate Appraisers (NSREA), the largest trade organization representing African American real estate appraisers.  NSREA is a member of The Appraisal Foundation Advisory Council (TAFAC).  TAFAC member organizations represent various professions and occupations with an interest in valuation including appraisers, home builders, real estate brokers, financial institution regulators, federal land acquisition agencies, the secondary mortgage market, and the private mortgage insurance industry.

While these programs have seen some successes, the valuation profession must do more to increase diversity among appraisers.  The Foundation is committed to working jointly with the professional appraisal organizations to continue efforts to increase minority participation in the valuation profession and to enhance protections for minority homebuyers, and to identify more ways to achieve those goals.

Performing Appraisals without Bias

To comply with the Uniform Standards of Professional Appraisal Practice (USPAP), appraisers are required to be independent, impartial, and objective, and to perform assignments without bias.  An appraiser failing to comply with these basic tenets of fairness and equality would be in violation of the ETHICS RULE in USPAP, which is the most significant breach an appraiser could commit.  Such a violation would likely result in the revocation or required surrender of an appraiser’s credential.

Due to the importance of this issue, the Appraisal Standards Board (ASB) of The Appraisal Foundation has developed strict prohibitions in USPAP to which appraisers must adhere.  The ASB has also developed guidance designed to ensure appraisers understand how to comply with these fundamental obligations.  Addressing this point, the Conduct section of the ETHICS RULE in USPAP states:

• An appraiser must not use or rely on unsupported conclusions relating to characteristics such as race, color, religion, national origin, gender, marital status, familial status, age, receipt of public assistance income, handicap, or an unsupported conclusion that homogeneity of such characteristics is necessary to maximize value.

To ensure appraisers clearly understand this prohibition, the ASB published Advisory Opinion 16, Fair Housing Laws and Appraisal Report Content.  This guidance, which can be found in the USPAP publication, states, in part:

• Fair housing law(s) preclude the use of certain specific information or supported conclusions related to protected group(s) in some assignments.  Accordingly, an appraiser should be knowledgeable about the laws that affect the subject property of an assignment.  Laws and regulations on fair lending and fair housing (such as the Fair Housing Act; the Equal Credit

---

⁶ Parker, K, Cilliuffo, A., & Stepler, R., (2017, April 13) 6 Facts about the U.S. military and its changing demographics.  Pew Research Center, Fact Tank.  Retrieved June 17, 2019 from https://www.pewresearch.org/fact-tank/2017/04/13/6-facts-about-the-u-s-military-and-its-changing-demographics/

arrow_upward BACK TO TOP arrow_upward

---

Announcing the 2020 Instructor Development Workshop (IDW)

Wednesday October 21st & Thursday October 22nd
Live Virtual Session

The Division would like to announce this year’s presenter:  Jack Marinello, DREI

Jack is a high performance, market-wise real estate broker and educator with over 40 years of industry experience.  A nationally recognized real estate educator, Jack has logged countless hours of platform presentation time in front of real estate licensees, mortgage brokers, bankers, appraisers and attorneys.  He is known for communicating complex concepts and skills with clarity and humor.  The national Real Estate Educator's Association awarded Jack the designation of "Distinguished Real Estate Instructor" (DREI).

A former Utah resident and instructor, Jack moved to the Salt Lake Valley to join First American Title as their statewide Training Director.  During his 16 year tenure there he authored and taught numerous DRE approved continuing education core and elective courses.  The DRE cast him as "Fast Eddie" the fraudulent loan officer in the Division’s core course video warning against Double Contracting and Loan Fraud.

Upon retirement from the title industry, Jack continued his eastward trek to join family in Cary, North Carolina.  He was invited to join Len Elder, DREI at Superior School of Real Estate where he continues to teach today.

Happy to return to the Beehive state and renew friendships with many of you, Jack looks forward to a lively time together on a journey of discovery into the dynamic arena of real estate education.

arrow_upward BACK TO TOP arrow_upward

---

Division Staff Spotlight

Meet Jenni Myers.  She joined the Utah Division of Real Estate in July 2019 as an Investigator.  She previously worked for the Department of Child & Family Services.  Jenni has also been a Real Estate agent for a short time.  When she is not at work, she enjoys spending time with her family, doing yoga, and hiking.  She has three boys who have "grown & flown," although they are still a big part of her life.  While in college, she began making and selling weighted blankets.  She has enjoyed the people who came into her life because of the blankets she made.

Jenni grew up in Santa Barbara & Simi Valley, California.  She loves the California area, especially going to the beach.  Who wouldn’t?  She has lived in Utah, Idaho, Florida, Tennessee, Kentucky, and California, moving 34 times.  She loves to travel, with her favorite vacation being to Costa Rica.  She was there for 2 weeks, and stayed in 5 different areas of Costa Rica to absorb the different lifestyles and cultural amenities the area afforded.

Jenni has visited more states in the US than not.  One of the most fascinating trips she recalls was a Military science tour of Virginia and Washington DC with Utah State University.  She is fascinated by U.S. History.  Being able to visit these historical sites with her family was an amazing opportunity.

Jenni loved being a real estate agent.  It was such a great experience for her.  She enjoyed the relationships developed during that time period and the fortitude of the people she was able to interact with.  When she had an opportunity to come to the Division of Real Estate, she jumped at the opportunity.

arrow_upward BACK TO TOP arrow_upward

---

Kagie's Korner

Sanctions for Advertising Violations

In the year 2013, the percentage of complaints received by the Division that dealt with an advertising violation was approximately 36%.  At that time, the Division issued warnings to the offending licensee for their first offense.  Upon direction from the Real Estate Commission, the Division started holding licensees in violation on their first offense and discontinued issuing warnings.  If you recall, the fourth quarter newsletter in 2013 included an article, "Notice: New Sanctions for Advertising Violations."

Today, the number of advertising complaints has fallen to approximately 17%.  The Division appreciates the efforts of licensees to comply with the advertising laws, thus decreasing the number of advertising complaints received.  With that being said, we believe that as an industry we can do better.  The 2014 guidelines established and introduced by the Real Estate Commission and Division, are as follows:

• First-time advertising violation: $150 civil penalty, usually in the form of a citation.
• Second advertising violation: $500 civil penalty, through either a citation or stipulation.
• Third advertising violation: a hearing in front of the Real Estate Commission in which they will determine the appropriate penalty.

As stated in the 2013 article "As with any complaint, the Division will seek to obtain supporting evidence before deciding whether a penalty would be appropriate."  Any alleged violation made by the Division may be challenged by the licensee who will then have the option to present their case at a hearing with the Real Estate Commission or with an Administrative Law Judge.  If the licensee disagrees with the allegations outlined in a citation, they have 20 days to appeal that citation.

Please be aware, any sanction by the Division will appear in the Division’s quarterly newsletter.

The Division recommends that each licensee familiarize themselves with R162-2f-401h, Requirements and Restrictions in Advertising.

arrow_upward BACK TO TOP arrow_upward

---

Credits

arrow_upward BACK TO TOP arrow_upward

---

In this issue:

• Director's Message
• Division Updates
• Rule Developments Since January 1, 2020
• Mortgage License Renewal Requirements for 2021
• Broker Brush-Up Series
• Farewell
• 2nd Quarter Licensing & Disciplinary Actions
• Utah 2020 Instructor Development Workshop (IDW)
• Division Staff Spotlight
• Kagie's Korner
• Happy Retirement, Craig!
• Credits

---

Should You File A Complaint?

by Director Jonathan Stewart

Last fall I had the opportunity to participate in a podcast at the invitation of the Salt Lake Board of Realtors®.  One of the topics we discussed was when to file a complaint with the Division of Real Estate versus when to file an ethics complaint with a Realtor® Association.  As this is a common question, I’d like to address when to file a complaint, the types of complaints we receive, identifying statute and rule violations, and other options you have when witnessing violations.  Occasionally the Division will receive a complaint that is not a statute or rule violation, but may be an ethics violation.  When we receive these types of complaints, we forward them to the appropriate Realtor® Association. Of course, there may be overlap between a statute or rule violation and an ethics violation.

Should you file a complaint?

A frequent question I receive is, "Should I file a complaint with the Division?"  Depending on the fact scenario given to me, I usually tell people to file a complaint if there is a reasonable chance there has been a statute or rule violation.  One year ago we were able to hire two additional real estate investigators, which has helped us reduce our open cases from 595 to 470.  Ideally I would like us to have closer to 400 real estate cases, but we are moving in the right direction.  If a licensee’s conduct appears to be a violation of state law, I encourage the filing of a complaint so the Division can investigate.

Types of complaints we receive

Occasionally the complaints the Division receives are too vague for us to investigate.  It is especially problematic if a vague complaint is filed anonymously.  If there is not enough information provided in the complaint and we have no one to contact for additional information, we may be forced not to open the complaint at all, or to close it due to insufficient evidence.  We have received complaints as vague as: "Agent Jon Doe is dishonest." While we certainly care if Jon Doe is dishonest in real estate transactions, if this is all the information given and it is filed anonymously, we can’t move forward based on that information alone.  When filing a complaint, please give specific examples of violations, not generalized comments about how "bad" of an agent or broker someone is.  For additional information about what documents to include with your complaint, please refer to Kagie’s Korner.

Is it a statute or rule violation?

The first thing to do when deciding whether to file a complaint with the Division is to determine if there has been a statute or rule violation.  As I have mentioned in previous newsletter articles, a great place to start identifying possible violations is in Utah Code Ann. §61-2f-401 Grounds for Disciplinary Action, R162-2f-401a Affirmative Duties Required of All Licensed Individuals, R162-2f-401b Prohibited Conduct As Applicable to All Licensed Individuals, and R162-2f-401c Additional Provisions Applicable to Brokers.  If you believe someone has violated the law, take some time to review the statute and rules above.  Although this is not a requirement for filing a complaint, it will help you evaluate whether your complaint is actually based on a statute or rule violation, and it can serve as a useful reminder of the rules and laws you are striving to follow as well.  If what you observed is a statute or rule violation, fill out our complaint form with as much detail as possible and reference the statute or rule you think was violated.  If you don’t know which statute or rule was violated, submit the complaint form anyway, and we will still investigate if there is enough information included.

For potential mortgage violations, refer to: 61-2c-301 Prohibited Conduct – Violations of this Chapter and R162-2c-301a Unprofessional Conduct.

For potential appraisal violations, refer to: 61-2g-403 Professional Conduct – Uniform Standards, R162-2g-502a Standards of Conduct and Practice, and R162-2g-502b Prohibited Conduct.

Other Options

Filing a complaint is not your only option.  Several years ago a former Real Estate Commissioner told me that every time he sees an advertising violation, he calls the agent or broker to let them know of the violation and recommends they fix the ad.  When you see a minor violation you can do as this former commissioner did, and inform the agent or broker of the violation directly.  Don’t get me wrong, I am not trying to convince anyone to not file a complaint.  If you see a violation that needs Division attention, please file a complaint so we can determine if a violation has occurred.

arrow_upward BACK TO TOP arrow_upward

---

Division Updates

Fingerprinting Requirement for FBI RAPBACK Enrollment by Current Licensees

Fingerprinting will not be required for July license renewals.  As mentioned previously, those currently renewing without a background check will be required to get fingerprinted at a later date.  This will most likely occur in conjunction with your 2022 license renewal.  A decision will be made for August renewals no later than July 15th.

License Renewal

For July renewals, please complete your CE by the 15th of the month and you will be able to renew your license without a background check in your RELMS Account.  For renewals after July, please continue to check the Home Page of the Division’s website for the most current information.

New Applicants for Real Estate and Appraisal Licenses

Testing
Testing for real estate and appraisal licenses has resumed at many Pearson Vue testing locations.  Until July 15th, Pearson Vue testing centers will be operating at 50% capacity due to social distancing requirements, but Pearson Vue has opened up several third-party locations to help with demand.  Tests should be scheduled through Pearson Vue’s website.

Fingerprinting
Fingerprinting is currently not available at many testing centers.  Therefore fingerprinting is temporarily not required for new licensees.  Applicants who meet all licensing requirements (except fingerprinting) will be issued a "Conditional License," which requires them to complete the fingerprinting process and review before September 30, 2020.  Those holding "Conditional Licenses" who do not complete the fingerprinting requirement by September 30, 2020 will have their license applications denied.

Commission and Board Meetings

Commission and Board Meetings are still being held virtually.  Because of this, we have seen an increase in attendance, which is fantastic.  If you are interested in attending and participating in a meeting, please email Maelynn Valentine, mvalentine@utah.gov for the meeting information.

Public Access to the Division

The Division is still closed to the public until further notice.  All services offered by the Division of Real Estate are available through email, telephone, RELMS, and Live Chat.  If you need to contact a specific employee of the Division, all contact information is on the Division’s website.  We hope to open back up to the public soon, but are taking necessary precautions to prevent the spread of coronavirus.

arrow_upward BACK TO TOP arrow_upward

---

Rule Developments Since January 1, 2020

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/

Appraisal Management Company Rules

On February 1, 2020, the five-year review of the Appraisal Management Company Administrative Rules ("AMC Rules") was published for the proposed continuation of the AMC Rules.  The AMC Rules were again published May 6, 2020.

Appraisal

A proposed rule amendment of the Real Estate Appraiser Licensing and Certification Administrative Rules was approved for filing by the Real Estate Appraiser Licensing and Certification Board and has been published by the Utah Office of Administrative Rules.  The proposed amendments include:

• Section 311 – clarifies that a licensed or certified residential appraiser is not to appraise commercial property.
• Subsection 502a(1)(i) – updates the rule to require that immediately following the signature on a report, state either the credential type or the license or certification number assigned by the division.
• Subsection 502(4) – allows an appraiser trainee to sign an appraisal report if the trainee performs significant appraisal assistance and the trainee's supervisory appraiser also signs the report.
• Subsection 502(8) – clarifies that only a registered appraiser trainee or a licensed or certified appraiser may include in a property inspection report appraisal assignment results including appraiser analyses, opinions, or conclusions, and may also report on the physical characteristics of the property. An unlicensed person may only report on the physical characteristics of the property in a property inspection report.

This proposed rule amendment was open for public comment through June 15.

Mortgage

On March 3, 2020, the five-year review of the Utah Residential Mortgage Practices and Licensing Rules were continued.

On May 15, 2020, a proposed amendment to the Utah Residential Mortgage Practices and Licensing Rules was published by the Utah Office of Administrative Rules. The proposed amendments include:

• Section R162-2c-102 – deletes outdated language from the definitions of subsections (3) "Certification" and (10) "Instructor applicant."
• Section R162-2c-203 – eliminates the requirement that instructors of division-approved continuing education ("CE") courses be certified by the division.  In 2017, the division discontinued approving CE courses.  Since 2017, all CE courses are approved through the Nationwide Multistate Licensing System & Registry.  This proposed rule amendment will clarify the rule by eliminating the outdated requirement of certification of instructors for non-existent CE courses.
• Section R162-2c-301a. – eliminate the requirement that a lending manager review each complaint relating to conduct by a sponsored mortgage loan originator or unlicensed staff member.

This proposed rule amendment is open for public comment through July 1.

Real Estate

The Real Estate Commission is considering the possible amendment of the Real Estate Licensing and Practices Rules.  More information on the details of any proposal to amend the Rules will be available in the next quarterly newsletter.

Timeshare and Camp Resort

On February 1, 2020, the five-year review of the Timeshare and Camp Resort Rules ("Timeshare Rules") was published.  The Timeshare Rules were continued.

arrow_upward BACK TO TOP arrow_upward

---

Mortgage License Renewal Requirements for 2021

Background Checks and Credit Reports Required This Year

Five years have passed since licensees last submitted a Criminal Background Check (CBC) and credit report with their Utah license renewal.  In 2013, The Utah Residential Mortgage Commission along with the Utah Division of Real Estate approved Rule R162-2c-204 which requires submission of a CBC and credit report every 5 years beginning with the renewal period of November 1, 2015.  All Utah licensees with an approved Utah license as of October 31, 2020 will be required to authorize and submit a new CBC and credit report starting November 1, 2020 in order to renew their license for 2021.  To avoid problems with your renewal, please do not submit these prior to November 1, 2020.

To prepare for this year’s CBC renewal requirement individuals are encouraged to review and verify whether their fingerprints are expired or pending expiration within the next 4 months.  You can review the status of your fingerprint record by logging on to your individual filing on the NMLS and review the Criminal Background Check Requests section under the Composite View tab.  A new CBC will be required at renewal regardless of when you were last fingerprinted.  Thank you.

arrow_upward BACK TO TOP arrow_upward

---

Broker Brush-Up Series

I. Duties to Clients in Real Estate and Property Management	Q1 Newsletter
II. Transaction Files & Trust Accounts	Q2 Newsletter
III. Record Retention – 401K – Invest	Q3 Newsletter
IV. Supervision – Safe Harbor – Duties to Agents	Q4 Newsletter

Part II of IV: Transaction Files & Trust Accounts

Let’s jump right into the topics for part II of this series – broker responsibilities concerning Transaction Files and Trust Accounts.  Please click on the provided links to read detailed requirements of my general statements.

Transaction Files – R162-2f-401c(1)(k)

As an investigator at the division, one of the first things I ask for once a complaint has been received is a transaction file.  I ask the parties involved for their personal transaction file.  I ask for the brokerage transaction file and if needed, I’ll request the property transaction file from the title company.  As you can imagine, not all transaction files have the same documentation, but they should be very similar and they should all tell the same story.  Encourage your agents to be systematic in recording and keeping accurate transaction files to ensure that they will be protected against unsubstantiated complaints.

As a matter of state rule, a broker is responsible for keeping and maintaining orderly records of each transaction at the location where the brokerage records are kept.  Each real estate transaction needs to be assigned a consecutive, sequential number for each offer and placed in a transaction file.  Please remember that ALL transactions, including rejected offers, must be maintained in a transaction file.  Rejected offers include offers that were submitted to a seller and left unanswered as well as offers formally rejected in writing.

Property Management clients will each be assigned a unique identification for orderly reference as well.

Transaction numbers and client identifiers must be included on trust account deposit records, trust account checks, or any records that evidence a transfer of trust funds and of course, placed in the transaction file.

I think it’s a great idea for your agents to include all communications, emails, and texts with their clients in the transaction file.  This isn’t a division requirement, but we always ask for all communications between sales agents and their clients if a complaint is filed against them.  Keep in mind we also receive complaints about brokers, so when I say encourage your agents to have complete transaction files that goes for you too.

I’ve broken down Trust Accounts into 3 categories, General, for all brokers with a subsection on Trust Account Reconciliation, Real Estate, for property sales & Property Management.

I’m not going to share any specific division stories about trust account violations, but please, please, as a broker, supervise and personally reconcile your own records at least monthly.  You are ultimately responsible if anything goes awry with your trust account.  It’s great if you have employees and accountants that you trust to "take care of things" but well-meaning brokers get tagged with violations when trust accounts are compromised by both dishonest and careless workers.

Real Estate Trust Accounts - General – R162-2f-403a

Once you establish your trust account, notify the Division of the Utah bank or credit union where the trust account is located, their address, and your trust account number.  Most trust accounts are non-interest bearing, but there are a few options for having an interest-bearing account.  Please check out R162-2f-403a(2) to read the rules on maintaining an interest bearing account.

A principal broker may not deposit into the trust account funds received in connection with rental accommodations where the rental period is less than 30 consecutive days.  Records of deposits into a trust account must include the transaction number or client identifier with identification of the payee and payor and the amount of the deposit.

Any disbursements made from a real estate or property management trust account shall include the business name and address, the account number, transaction number or client identifier, date of disbursement, clear identification of the payee and payor, amount disbursed, note on why the funds were disbursed along with the check number, wire transfer number, or equivalent bank or credit union instrument identification.  If this transfer of funds is voided, place VOID on the check/instrument and retain this in the transaction file.

If the trust account holds funds that are disputed by the parties to the transaction, the broker can interplead the funds into court, get a signature of release from the party that will not receive the funds, or disburse by order of the court.

If you receive notice that both parties claim the trust monies, you have 15 days to refer the parties to mediation if they have agreed to mediation as a resolution.

If the principle broker is unable to disburse trust funds within 3 years after the failure of a transaction, the broker will turn over the funds to the State Treasurer’s Office as unclaimed property.

Trust Account Reconciliation

For each trust account operated by a registered entity it is necessary to maintain a date-sequential record of all deposits to, and disbursements from the account, including sufficient detailing of the disposition of all funds associated with each transaction.  Each closed transaction must balance to zero and the trust account must be reconciled monthly (at minimum).

You are required to make all trust account records available to the division for auditing or investigation.  You are also required to notify the division within 30 days if the bank notifies you that your trust account is out of balance and can’t be cured within the 30 days.

Real Estate Trust Accounts – R162-2f-403b

A real estate trust account is used for the purpose of securing client funds and can’t be comingled with any other brokerage funds.  A broker may deposit up to $500 of their own money without violating any trust account rules.  There is a current discussion of increasing this limit to allow for fewer fees charged in keeping a trust account.  So, stay tuned for any further developments.

A principal broker who regularly engages in property management on behalf of seven or more individual units shall establish a separate Property Management Trust Account, separate from the Real Estate Trust Account.  A principle broker who collects rents or otherwise manages property for six units or fewer may use the real estate trust account to secure client funds.

A principal broker can’t pay a commission from a trust account without:

• obtaining written authorization from the buyer and seller;
• closing or terminating the transaction;
• delivering the settlement statement to the buyer and seller ensuring that the correct amount has been paid as determined by the settlement statement;
• making a record of each disbursement; and,
• depositing funds withdrawn as the principal broker’s commission into the principal broker’s operating account prior to the further disbursing the money.

A principal broker may disburse funds from a real estate trust account in accordance with specific language in the Real Estate Purchase Contract authorizing disbursement or having properly written authorization from the parties with an interest in the funds or a court order.

A principal broker can’t release funds for construction purposes held as deposit monies unless the purchaser authorizes a disbursement in writing.

A principle broker can’t disburse money in a failed transaction unless it meets a condition in the Real Estate Purchase Contract or the parties execute a separate signed agreement containing instructions and authorization for disbursement.

Property Management Trust Accounts — R162-2f-403c

A property management trust account may be used to secure tenant security deposits, rents and money tendered by a property owner as a reserve fund or for payment of unexpected expenses.

If the principal broker deposits any money belonging to the principal broker, they must maintain records to clearly identify the total amount belonging to the principal broker or perform a monthly line-item reconciliation of all deposits and withdrawals of funds belonging to the principal broker.

A principal broker may disburse funds from a property management trust account only if it follows specific language in the property management contract or tenant lease agreement or a properly written authorization from the parties having an interest in the funds.  Funds may also be disbursed by a court order.

A principal broker that transfers funds from a property management trust account for any purpose shall maintain records to clearly evidence that prior to the transfer, the principal broker verified the money as belonging to the property owner for whose benefit, or on whose instruction, the funds are transferred.

Any money transferred into an operating account as the principal broker’s property management fee is earned according to the terms of the principle broker’s contract with the property owner.

Any transfer for maintenance, repair, or similar purpose is authorized according to the terms of the applicable property management contract, tenant lease agreement, or other instruction of the property owner and is used strictly for the purpose for which the transfer is authorized, with any excess returned to the trust account.

Those are the basics for keeping and maintaining well organized transaction files and trust accounts.  Please don’t hesitate to call us at the division with any specific questions.  I always enjoy a good real estate mystery and would love to help you unravel anything out of the ordinary.  We are here to support your efforts as great business owners and licensees.  Join us next quarter for Part III of this series — Record Retention & Investigations.

Laurel North – Broker Licensee & Investigator – Division of Real Estate

arrow_upward BACK TO TOP arrow_upward

---

Farewell

The Division wishes to extend a fond farewell to several Real Estate Commissioners and Appraisal Board members who have served with great distinction and commitment.  We would like to thank them for their years of dedicated service to better our industries.  Their wisdom has led us through difficult times and relatively calm waters over the years.  It will be a hard task to fill their shoes.

Thank you to Real Estate Commissioners Lerron Little and Russell Booth whose terms ended in June.  They have been a part of the Commission since 2012.  Commissioner Booth served as Chair multiple times during his tenure as commissioner.  Commissioner Little served as Chair and Vice-Chair several times over the years.

A similar "thank you" to Appraiser Board members John Ulibarri II and James (Jim) Bringhurst, whose terms ended in June.  They have also been part of the Appraiser Board since 2012.  Board Member Ulilbarri served as Chair and vice chair multiple times over the years.

Thanks for the many years of excellent service to the division and to your industries.

You will be greatly missed.

arrow_upward BACK TO TOP arrow_upward

---

2nd Quarter Licensing & Disciplinary Actions

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.

APPRAISAL

WRIGHT, CAMERON C., certified residential appraiser, Providence, Utah. In a stipulated order dated May 27, 2020, Mr. Wright admitted to having violated Utah law and the Uniform Standards of Professional Appraisal Practice (“USPAP”), in that he appraised real property which included both residential and commercial acreage despite his appraisal credential limiting him to appraising only residential property. Mr. Wright agreed to pay a civil penalty of $1,000 and to complete three hours of continuing education pertaining to land and site valuation and the 15-hour National USPAP course in addition to the continuing education required for his next license renewal. Case number AP-19-112647

MORTGAGE

BALDRIDGE, JOHN RICHARD, mortgage loan originator, Ladera Ranch, California. In an order dated June 1, 2020, Mr. Baldridge’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number MG-20-119028

MATKIN, GARY MICHAEL, mortgage loan originator, Salt Lake City, Utah. In an order dated April 16, 2020, Mr. Matkin’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number MG-20-118073

MCDANNEL, CHRISTOPHER MICHAEL, mortgage loan originator, San Diego, California. In an order dated June 1, 2020, Mr. McDannel’s license was granted and placed on probation for the initial licensing period due to a pending criminal matter. Case number MG-20-119063

REAL ESTATE

ALEXANDER, SCOTT W., sales agent, Salt Lake City, Utah. In a stipulated order dated March 25, 2020, Mr. Alexander admitted to instructing his client to deliver earnest money to his client’s title company rather than to the brokerage trust account as required by the purchase agreement, in violation of Utah administrative rules. Mr. Alexander agreed to pay a civil penalty of $1,000 and to complete two hours of continuing education on the topic of contract law and agency in addition to the continuing education required for his next license renewal. Case number RE-17-92701

ANDERSON, JARED B., sales agent, Saratoga Springs, Utah. In an order dated January 29, 2020, Mr. Anderson’s license was renewed and placed on probation for one year due to a plea in abeyance agreement in a criminal matter. Case number RE-20-115993

ARMSTRONG, BRANDON SCOTT, sales agent, West Jordan, Utah. In an order dated April 1, 2020, Mr. Armstrong’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-20-117706

BASTIAN BLAKE R., sales agent, South Weber, Utah. In a stipulated order dated March 25, 2020, Mr. Bastian admitted that his brokerage received a commission for a transaction for which there was no written buyer-broker agreement and agency disclosure, in violation of Utah administrative rules. Mr. Bastian agreed to pay a civil penalty of $1,000 and to complete three hours of continuing education on the topic of agency in addition to the continuing education required for his next license renewal. Case number RE-18-106010

BLAS, HENRY, sales agent, Salt Lake City, Utah. In an order dated April 15, 2020, Mr. Blas’s license was renewed and placed on probation for the renewal period due to a pending criminal matter. Case number RE-20-117992

BOND, CONNOR, sales agent, Salt Lake City, Utah. In an order dated March 24, 2020, Mr. Bond’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-117432

BOWN, BRIAN C., principal broker, Murray, Utah. In an order dated April 17, 2020, Mr. Bown’s license was renewed and placed on probation for one year due to a plea in abeyance in a criminal matter. Case number RE-20-118077

BROWN, ENID FILOI, sales agent, St. George, Utah. In a stipulated order dated May 20, 2020, Ms. Brown admitted that she had knowingly stolen money and otherwise misused hundreds of thousands of dollars from her employer’s brokerage trust account and various other brokerage accounts, in violation of Utah law and administrative rules. Ms. Brown agreed to pay a civil penalty of $75,000 and her license was revoked. Case number RE-19-107493

BUTLER, QUINN E., sales agent, Pleasant Grove, Utah. In an order dated February 27, 2020, Mr. Butler’s license was renewed and placed on probation for one year due to a plea in abeyance agreement in a criminal matter. Case number RE-20-116815

CARROLL, JAMES A., continuing education course instructor, Heber City, Utah. In a stipulated order dated May 20, 2020, Mr. Carroll admitted that he failed to disclose a matter of criminal history in his application for licensure, in violation of Utah law. In mitigation, Mr. Carroll did disclose some criminal history in his application and his failure was not intentional. Mr. Carroll agreed to pay a civil penalty of $500 and his license was placed on probation during the initial licensing period. Case number RE-19-113040

CHILD, DEREK, sales agent, Layton, Utah. In an order dated February 6, 2020, Mr. Child’s license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-20-116158

FLORES, ARMANDO, sales agent, Cottonwood Heights, Utah. In an order dated January 28, 2020, Mr. Flores’s license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-20-115954

GOODE, CLINTON, sales agent, Salt Lake City, Utah. In an order dated May 26, 2020, Mr. Goode’s license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-20-118904

HANSEN, BLAKE F., sales agent, South Jordan, Utah. In a stipulated order dated April 15, 2020, Mr. Hansen admitted that he executed a purchase agreement on behalf of a limited liability company for which he was the managing member but failed to identify himself in the agreement as the buyer’s agent. Instead, he identified another person as buyer’s agent. In addition, Mr. Hansen did not disclose his status as a licensed real estate sales agent. The seller was a mortgage lender and the property was an REO (real estate owned) transaction. Seller’s instructions provided that it would not pay a commission to the buyer or buyer’s agent if the buyer was a licensed real estate sales agent. The seller paid a sales commission, $6,977.50 of which was paid through another company to Mr. Hansen. These actions are in violation of Utah law and administrative rules. Mr. Hansen agreed to pay a civil penalty of $6,977.50 and to complete three hours of continuing education on the topic of Utah law in addition to the continuing education required for his next license renewal. His license was placed on probation for one year. Case number RE-16-83479 and Docket No. RE-2020-002

HEDBERG, JOSEPH, sales agent, Woods Cross, Utah. In an order dated April 30, 2020, Mr. Hedberg’s license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-20-118436

HENINGER, BRANDI, sales agent, Sandy, Utah. In an order dated March 26, 2020, Ms. Henninger’s license was renewed and placed on probation due to a pending criminal matter. Case number RE-20-117537

HERBERT, JENNIFER CLAIR, sales agent, Lehi, Utah. In an order dated April 1, 2020, Ms. Herbert’s license was renewed and placed on probation for the renewal period and until a pending criminal matter is resolved. Case number RE-20-117860

HILTON, BENJAMIN RIPLEY, sales agent, Vineyard, Utah. In a stipulated order dated May 20, 2020, Mr. Hilton admitted that he listed three properties on the MLS naming himself as the listing agent without first obtaining written listing agreements for the properties. Two of the properties were offered for sale by the property owners and Mr. Hilton listed these properties on the MLS as a favor to the owners. With regard to the third property, Mr. Hilton acted as sales agent for the owner but failed to obtain a written agency agreement until 70 days after listing the property on the MLS. These actions are in violation of Utah law. Mr. Hilton did not receive a sales commission on any of the three sales. He agreed to pay a civil penalty of $1,000 and to complete three hours of continuing education on the topic of agency in addition to the continuing education required for his next license renewal. Case number RE-19-111881

HINKLEMAN, ILANA LYNN, sales agent, Logan, Utah. In an order dated March 6, 2020, Ms. Hinkleman’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-20-117017

ISAACSON, CODY, sales agent, Taylorsville, Utah. In an order dated March 24, 2020, Mr. Isaacson’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-117436

KERNAN, PHILIP A., JR., sales agent, St. George, Utah. In an order dated April 15, 2020, Mr. Kernan’s license was renewed and placed on probation due to a pending criminal matter. Case number RE-20-117993

KOWALK, JORDAN MARK, sales agent, South Jordan, Utah. In an order dated May 29, 2020, Mr. Kowalk’s license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-20-119079

KOZLOWSKI, STANLEY P., SR., principal broker, Park City, Utah. In a stipulated order dated March 25, 2020, Mr. Kozlowski admitted that he failed to pay in full a civil penalty owed to the New Jersey Real Estate Commission for continuing to engage in real estate activity after his New Jersey principal broker’s license had expired. In addition, he admitted that he failed to notify the Division within ten business days of filing for bankruptcy in 2017, in violation of Utah law. Mr. Kozlowski agreed to pay a civil penalty of $1,000 and to complete three hours of continuing education on the topic of Utah law in addition to the continuing education required for his next license renewal. Case number RE-17-94974

LAMOREAUX, DAVID L., sales agent, St. George, Utah. In an order dated March 27, 2020, Mr. Lamoreaux’s application for licensure as a real estate sales agent was denied due to his criminal history, past acts related to honesty or truthfulness involving the business of real estate, evidence of non-compliance with court orders or conditions of sentencing, and investigations conducted by a regulatory agency relative to a professional license. Case number RE-20-117547

LARKIN, JEREMY L., sales agent, St. George, Utah. In an order dated May 26, 2020, the Commission found that Mr. Larkin advertised his real estate services without identifying his brokerage anywhere in the advertising. The deficient advertisement was the third violation by Mr. Larkin of the administrative rule requiring identification of the brokerage in advertising despite a warning letter to Mr. Larkin on the first violation and a citation issued to him for the second violation. In a separate matter, the Commission found that Mr. Larkin violated Utah law when he made a substantial misrepresentation in an MLS listing. The Commission assessed a total civil penalty of $3,500, including $2,500 for the third advertising violation and $1,000 for the misrepresentation in the MLS listing. Case numbers RE-18-101462 and RE-18-104312 and docket number RE-2020-009

LENNON, MATTHEW, sales agent, Sandy, Utah. In an order dated May 26, 2020, Mr. Lennon’s license was renewed and placed on probation for the renewal period due to pending criminal matters. Case number RE-20-118909

LEWIS, JASON R., sales agent, Pleasant View, Utah. In a stipulated order dated May 20, 2020, Mr. Lewis admitted to violations in two separate transactions. On one transaction, Mr. Lewis failed to execute a written agency agreement to define the scope of his representation of the property owner. In the second transaction, he executed a purchase agreement on behalf of his limited liability company. The seller of the subject property was not represented in the transaction. Mr. Lewis did not use the state-approved real estate purchase contract and did not use a purchase contract that was prepared by legal counsel of either buyer or seller. In addition, he did not disclose in writing his position as a principal in the transaction or, in advertising, his status as a licensee or the name of his brokerage. Rather than closing on the purchase of the property, Mr. Lewis executed an assignment of purchase agreement in exchange for an assignment fee. He did not represent either the seller or the assignee in the transaction. At the closing between the seller and the assignee, Mr. Lewis received an assignment fee. Mr. Lewis admits that his conduct was in violation of Utah law and administrative rules. He agreed to pay a civil penalty of $4,500 and to complete three hours of continuing education on the topic of Utah law in addition to the continuing education required for his next license renewal. His license was placed on probation for one year. Case numbers RE-18-99075, RE-17-94980, and RE-17-84982

LOSITO, BRYCE A., sales agent, Clearfield, Utah. In an order dated May 29, 2020, Mr. Losito’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-119077

MARTINEAU, BRYAN S., sales agent, Sandy, Utah. In a stipulated order dated May 20, 2020, Mr. Martineau acknowledged that he participated in six transactions as co-owner of a limited liability company. In these transactions, and in advertising for the purchase of the properties, he did not disclose his status as a real estate sales agent licensee or the name of his brokerage. Mr. Martineau admits his actions in each of the six transactions are in violation of Utah law and administrative rules. Mr. Martineau agreed to pay a total civil penalty of $9,000 and to complete nine hours of continuing education, including three hours each on the topics of contracts, agency, and Utah law, in addition to the continuing education required for his next license renewal. His sales agent license was placed on probation for nine months, Case numbers RE-18-98287, RE-18-100829, and RE-19-107523, and Docket number RE-2019-012

MARTINSON, SHAWN G., sales agent, Ogden, Utah. On April 27, 2020, the Division issued a citation to Mr. Martinson for advertising real estate services without identifying his brokerage information, in violation of Utah law and administrative rules. The citation assessed a fine in the amount of $150. Citation #DREC-20-8, case number RE-19-110784

MILLS, RILEY JARED, sales agent, Murray, Utah. In an order dated January 24, 2020, Mr. Mills’ license was renewed and placed on probation for one year due to a plea in abeyance agreement in a criminal matter. Case number RE-20-115909

RASSENFOSS, JAMES, unlicensed, Denver, Utah. On February 10, 2020, the Division issued a citation to Mr. Rassenfoss for advertising Utah property for sale without a Utah license. The citation assessed a fine in the amount of $1,000. Citation # DREC-20-3 and case number RE-19-115135

ROCKWOOD, CLAYTON R., principal broker, Salt Lake City, Utah. In a stipulated order dated May 20, 2020, Mr. Rockwood acknowledged that he participated in six transactions as co-owner of a limited liability company. In these transactions, and in advertising for the purchase of the properties, he did not disclose his status as a licensed principal broker or the name of his brokerage. In addition, Mr. Rockwood admitted that as principal broker, he failed to exercise reasonable supervision of the licensed sales agent with whom he was affiliated and who was the co-owner of the company that purchased the properties. Mr. Rockwood admits his actions in each of the six transactions are in violation of Utah law and administrative rules. Mr. Rockwood agreed to pay a total civil penalty of $15,000 and to complete nine hours of continuing education, including three hours each on the topics of contracts, ethics, and Utah law, in addition to the continuing education required for his next license renewal. His principal broker’s license was placed on probation for nine months, Case numbers RE-18-98287, RE-18-100829, and RE-19-107523, and Docket number RE-2019-012

SAMEK, CHRISTOPH, sales agent, Coalville, Utah. In an order dated March 3, 2020, Mr. Samek’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-116918

SHAFFER, NATHAN, sales agent, St. George, Utah. On March 25, the Division issued a citation to Mr. Shaffer for advertising real estate services without identifying his brokerage information, in violation of Utah law and administrative rules. The citation assessed a fine in the amount of $150. Citation #DREC-20-6 and case number RE-19-114663

SNYDER, ASHLEY JO, sales agent, St. George, Utah. In an order dated April 15, 2020, Ms. Snyder’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-20-117896

SOUTHWORTH, JACK CONNOR, sales agent, Ogden, Utah. In a stipulated order dated March 25, 2020, Mr. Southworth admitted that his principal, the seller, authorized reducing the list price of the subject property to $400,000. Without the seller’s consent, Mr. Southworth reduced the list price another $100. His actions were in violation of Utah law and administrative rules. Mr. Southworth agreed to pay a civil penalty of $500 and to complete three hours of continuing education on the topic of Utah law in addition to the continuing education required for his next license renewal. Case number RE-16-83505

STANGER, BRANDON J., principal broker, Clinton, Utah. After convening a hearing at which Mr. Stanger failed to appear, the Commission issued a default order dated May 28, 2020, ordering that Mr. Stanger’s principal broker’s license be placed on probation through September 30, 2022, and assessing a total civil penalty of $7,500 including $5,000 for failure to uphold a fiduciary duty to a principal and $2,500 for failure to respond to a request by the Division. Mr. Stanger’s actions are in violation of Utah administrative rules. Case number RE-16-86498 and docket number RE-2020-010

TRIPP, TIFFANY JO, sales agent, Lehi, Utah. In an order dated March 13, 2020, Ms. Tripp’s license was granted and placed on probation due to a pending criminal matter. Case number RE-20-117225

WILLIAMSON, MARK K., sales agent, Hurricane, Utah. In an order dated January 28, 2020, Mr. Williamson’s license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-20-115952

WITZEL, TAYLOR WAYNE, sales agent, Salt Lake City, Utah. In an order dated April 30, 2020, Mr. Witzel’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-118422

WRIGHT, JONATHAN D., sales agent, Salt Lake City, Utah. In an order dated March 31, 2020, Mr. Wright’s license was renewed and placed on probation for the renewal licensing period due to criminal conduct during the past licensing period. Case number RE-20-117640

ZANGANEH, ZARBOD, unlicensed, Las Vegas, Nevada. In a stipulated order dated May 20, 2020, Mr. Zanganeh admitted that he had marketed a Nevada property located in Utah, despite not being licensed in Utah. His actions are in violation of Utah real estate licensing law. Mr. Zanganeh agreed to pay a civil penalty of $1,000 and to cease and desist from engaging in real estate activities requiring a license in Utah unless he becomes licensed by the Division. Case number RE-17-96195 and docket number RE-2020-004

ZOIS, DEBBIE, unlicensed, Las Vegas, Nevada. On March 25, 2020, the Division issued a citation to Ms. Zois for advertising Utah property for sale without a Utah license. The citation assessed a fine in the amount of $1,000. Citation # DREC-20-7 and case number RE-19-115379

TIMESHARE

There were no licensing or disciplinary actions in the Timeshare industry in the second quarter.

arrow_upward BACK TO TOP arrow_upward

---

ANNOUNCEMENT (tentative) for the 2020
Instructor Development Workshop (IDW)

Wednesday October 21st & Thursday October 22nd
Live Virtual Session

The Division would like to announce this year’s presenter:  Jack Marinello, DREI

Jack is a high performance, market-wise real estate broker and educator with over 40 years of industry experience.  A nationally recognized real estate educator, Jack has logged countless hours of platform presentation time in front of real estate licensees, mortgage brokers, bankers, appraisers and attorneys.  He is known for communicating complex concepts and skills with clarity and humor.

The national Real Estate Educator's Association awarded Jack the designation of "Distinguished Real Estate Instructor" (DREI).

A former Utah resident and instructor, Jack moved to the Salt Lake Valley to join First American Title as their statewide Training Director.  During his 16 year tenure there he authored and taught numerous DRE approved continuing education core and elective courses.  The DRE cast him as "Fast Eddie" the fraudulent loan officer in the Division’s core course video warning against Double Contracting and Loan Fraud.

Upon retirement from the title industry, Jack continued his eastward trek to join family in Cary, North Carolina.  He was invited to join Len Elder, DREI, at Superior School of Real Estate where he continues to teach today.

Happy to return to the Beehive state and renew friendships with many of you, Jack looks forward to a lively time together on a journey of discovery into the dynamic arena of real estate education.

arrow_upward BACK TO TOP arrow_upward

---

Division Staff Spotlight

Shane McFarland joined the Utah Division of Real Estate in August of 2019 as a Real Estate investigator.  He previously worked as a Real Estate Agent.  He also worked at Macy’s as a detective in the Asset Protection (AP) department for the last 6 years.  Before that he worked in (AP) for Target for 4 years in both Minnesota and Utah.  During his time in AP Shane acquired quite the collection of experiences and stories.  Including, helping identify and take down a $100,000 counterfeit money ring in Minnesota, escorting celebrity shoppers, and being in more fights than he cares to count.

Shane grew up in the beautiful, small town of Fairview, Utah with his amazing parents and two beautiful sisters.  He spent most of his time playing night games with friends, camping, riding his bike, shooting hoops in his driveway, and loving the small-town life.  Being the middle child made him tough, (he has the scars to prove it!).  At 19 he left home and went to Accra Ghana in West Africa as a missionary for two years, gaining more stories and experiences.  Once he returned home he attended UVSC (UVU) for a short time before marrying the love of his life and moving to Minnesota where they lived for four years.  After having enough of the brutal and harsh Midwest winters, they returned home to Utah.

Shane loves basketball, football, rugby and MMA. He also loves music. Having been an Elvis fan since he was five, his love for music grew and lead him to learn to play the drums.  Throughout middle school, high school, and college he played in several bands, playing venues like the school auditorium, liberty park, BBQ’s, block parties, and even one paying gig playing at a birthday party.

Shane loved being a real estate agent.  He loved meeting new people and sharing in their joy of finding their perfect new home, or in the sentiment filled process of leaving an old one.  Shane believes that there is so much good that can come from the industry, for our state, our families, and our future.

arrow_upward BACK TO TOP arrow_upward

---

Kagie's Korner

Complaints and Documentation

A majority of the complaints the Division receives are submitted from other licensees.  I would therefore like to take some time and discuss what the Division needs to properly, fairly, and accurately investigate the issues brought forth when a complaint is submitted.  There are two "whethers" to consider before submitting a complaint to the Division:

1. whether you have and/or can provide supporting evidence from reliable sources to document any potential wrong doing, and
2. whether you are willing to allow the information that you have provided to potentially become publically available.

When requested, the Division will attempt to keep a complainant’s identity confidential, although in a legal setting this may not be possible.

First, in order to submit a complaint the Division needs to have a complaint form filled out completely and signed by the complainant.  The Division also needs the contact information of the complainant.

Recently the Division received a complaint that contained the following information:

Complainant's First Name: Samantha (Name changed to protect identity)

Summary of Complaint:  Is this advertisement on Facebook allowed for Real Estate Agents?  Can an agent offer $$$ for Referrals?

The complainant did not include any documentation with her complaint and she failed to provide enough information in order to adequately identify the Facebook page she was referencing or who the licensee even was.  The Division will not open an investigation based on this kind of marginal or unsubstantiated information and will turn down such a complaint.

Second, the Division needs the name of the individual you are complaining about, their contact information, and other identifying information, such as their brokerage affiliation.  If the complainant submits only the first and last name of the person they are complaining about and it’s a common name, the Division may have fifteen individuals to choose from.  We will need sufficient information to allow us to properly identify the individual referenced in the complaint.

Third, the complaint needs to have a clear and detailed description as to what the complaint is about and it is helpful to explain why you believe it is a violation of the statute and rules.  I cannot tell you how many complaints I have read three or four times, and I still do not know what the complaint is about, or what the violation might be.  Please provide a clear description of the complaint, while focusing on the facts, and how or why you believe this to be a violation of a rule or statute.

Fourth, a complaint needs to have good, legible documentation or supporting evidence.  For example, if the complaint is about a website, the Division would need a link, and a printout of a computer screenshot showing the https: address with a date stamp.  Unfortunately a screenshot from a cell phone of a website does not include this information and is not useful.  The Division must authenticate the information being provided in order for it to be used as evidence.  The Division needs to verify, when the violation took place, where it took place, and by whom.

Using the example complaint mentioned above, when a link documenting the wrong doing is provided with the complaint, the Division is able to verify when and where the information came from.  Remember, the complaint should indicate a possible violation of one of the licensing statutes or administrative rules and not only an ethical violation.

The investigator must be able to support the allegations outlined in the complaint with supporting evidence.  Please provide supporting documents with your complaint.  Additionally, it is not necessary to submit the same complaint more than once.

With 470 currently open real estate investigations, the Division needs to focus its efforts on investigating, settling, or holding hearings on well documented and substantiated cases.  These cases need to be supported by evidence that can be used to prove violations occurred.  Submitting well-documented complaints will assist enforcement in utilizing time wisely and efficiently and to minimize the investigative completion time which benefits us all.

arrow_upward BACK TO TOP arrow_upward

---

Happy Retirement, Craig!

For the last fifteen years Craig Livingston has worked for the Division of Real Estate.  Craig started his career with the Division as a Real Estate Investigator and is retiring as the Division’s sole Appraisal Investigator.  Although Craig says he will miss all the good people he has worked with over the years, he is looking forward to the newest chapter in his life.

Craig is starting his retirement off right and plans on using his newly found free time to spend with his wife of 53 years, 4 kids, 16 grandkids and 4.5 (one on the way) great-grandkids.  Craig is wasting no time enjoying retirement and will be heading to their family house boat at Lake Powell shortly after his last day at the Division.  Craig also has plans to use his retirement to get in endless rounds of golf as well as hit the outfield again with his softball team later this summer.

The Division wants to wish Craig all the best for his retirement as well as his newest chapter in life.  Craig, thank you for all your hard work and fifteen years of dedication to the Division of Real Estate.

arrow_upward BACK TO TOP arrow_upward

---

Credits

arrow_upward BACK TO TOP arrow_upward

---

In this issue:

• Director's Message
• Rule Developments Since July 1, 2020
• Fingerprinting – License Renewals –Conditional Licensing
• Mortgage Renewal Requirements
• Mortgage Loan Originator 5 Hour Course Reminder
• Broker Brush-Up Series
• Division Staff Spotlight
• 3rd Quarter Licensing & Disciplinary Actions
• Kagie's Korner
• Utah 2020 Instructor Development Workshop (IDW)
• Credits

---

Director's Message

Heber Wells Building

The Heber Wells building is still closed to the public, but we continue working hard to serve licensees and the public. We will be adding a drop box in our lobby if you need to leave something for the Division. If you prefer to meet someone from the Division in person, please arrange for a time with the staff member directly to ensure they are available. Because many staff members are working from home, we encourage you to communicate with the Division through email or telephone. All email addresses and telephone numbers can be found on the Division’s Website: https://realestate.utah.gov/contacts.html.

Renewals and Fingerprinting for Real Estate and Appraisal

Fingerprinting for renewals is still suspended at least through the end of October.  Please continue to check the home page of the Division’s website for the most up-to-date information about fingerprinting and license renewals.  Licensees seeking to renew their license should complete their required CE by the 15th of their renewal month and renew prior to their license expiration date.  If you are a real estate licensee, please remember to complete a Mandatory Course, which is a new requirement as of January 1, 2020.  We continue to have real estate licensees attempt to renew without the Mandatory Course.  To find a Mandatory Course, please check our website for current providers.

Renewal for Mortgage

Renewal for all Mortgage licensees runs from November 1st through December 31st. Renewals this year require a credit check and background check. For additional information about mortgage license renewal please read the following article.

Conditional Licenses

Any real estate or appraisal licensee licensed while fingerprinting was suspended was issued a conditional license. For additional information about conditional licenses, please refer to the following article.

Commission and Board Meeting Attendance

The Division has been holding all commission and board meetings electronically. Because of this, we have seen increased attendance and participation in these meetings. We appreciate those who have been attending and the suggestions we have received. The decisions these bodies make are important and we encourage you to attend. The commission and board meeting schedule can be found on our website: https://realestate.utah.gov/calendar.html. If you would like to join a meeting, please contact Maelynn Valentine for meeting info: mvalentine@utah.gov

Facebook Page

The Division of Real Estate now has a Facebook Page: https://www.facebook.com/Utah-Division-of-Real-Estate-101708201699621. Our Facebook Page will be another location for licensees to get up-to-date information. We will also be holding a monthly Facebook Live, which will give current information as well as answer questions licensees may have. Please follow our page so you will be notified about future posts.

Real Estate Commission

The Real Estate Commission has been very busy. Here are some of the issues being addressed:

• FHA/VA Addendum:
  Several months ago an industry member contacted a Commissioner asking if the FHA/VA Addendum could be revised. The Commission formed a committee and several revisions have been made. On September 16 th , The Real Estate Commission voted to approve the proposed changes and the form has been sent to the Attorney General for final approval. I would like to thank those who were on the committee and especially Kreg Wagner and Justin Barney for their assistance in drafting the changes.
• State Approved Forms:
  Having just revised the FHA/VA Addendum, the Division and Real Estate Commission are looking at revising other State-Approved Forms. We are currently in the evaluation stage, but will be selecting a new form to update in the near future.
• Trust Account Rules Committee
  In the last several months, the Division has brought three significant trust account cases to the Real Estate Commission. Because of these cases, the Commission decided to form a committee to review the Trust Account Rules. The goal of the Committee is to ensure the rules are clear to brokers and educators who teach about trust accounts. The Committee had a very productive first meeting. I would like to thank all of the Committee Members for their time and input into the rulemaking process. The Committee should have a recommendation for the Real Estate Commission within the next few months.
• Virtual Live CE Rule Amendments
  As many of you are aware, the Division has allowed for CE classes to be taught virtually since March of this year. The Division and the Real Estate Commission have been working on administrative rules to address the use of virtual-live CE. On September 16, the Real Estate Commission voted on these new administrative rules. The public comment period for the voted-on proposal should begin in the next few weeks.

A lot has happened in the past six months: we have experienced earthquakes, wind storms, and of course, the ongoing COVID-19 pandemic. We wish you peace and safety, and we appreciate your patience as we continue to react to our changing world.

arrow_upward BACK TO TOP arrow_upward

---

Rule Developments Since July 1, 2020

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/

Appraisal Management Company Rules

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

Appraisal

The Real Estate Appraiser Licensing and Certification Administrative Rules, R162-2g, were amended on June 30, 2020. The sections amended include:

• Section 311 — clarifies that a licensed or certified residential appraiser is not to appraise commercial property.
• Subsection 502a(1)(i) — updates the rule to require that immediately following the signature on a report, state either the credential type or the license or certification number assigned by the division.
• Subsection 502(2)(c) — an appraiser who performs an evaluation is exempt from complying with Standard 4 of the USPAP.
• Subsection 502(4) — allows an appraiser trainee to sign an appraisal report if the trainee performs significant appraisal assistance and the trainee's supervisory appraiser also signs the report.
• Subsection 502(8)* — clarifies that only a registered appraiser trainee or a licensed or certified appraiser may include in a property inspection report appraisal assignment results including appraiser analyses, opinions, or conclusions, and may also report on the physical characteristics of the property. An unlicensed person may only report on the physical characteristics of the property in a property inspection report.

*On September 23, 2020, the Board voted to remove the amended language in Subsection 502(8).

Mortgage

The Utah Residential Mortgage Practices and Licensing Rules, R162-2c, were amended on July 8, 2020. The sections amended include:

• Section 102 — deleted outdated language from the definitions of subsections (3) "Certification" and (10) "Instructor applicant."
• Section 203 — eliminated the requirement that instructors of division-approved continuing education (“CE”) courses be certified by the division. In 2017, the division discontinued approving CE courses. Since 2017, all CE courses are approved through the National Mortgage Licensing System. This amendment clarifies the rule by eliminating the outdated requirement of certification of instructors for non-existent CE courses.
• Section 301a — eliminated the requirement that a lending manager review each complaint relating to conduct by a sponsored mortgage loan originator or unlicensed staff member.

Real Estate

The Division of Real Estate and the Real Estate Commission have filed a proposed rule amendment to the Real Estate Licensing and Practices Rules, R162-2f. The proposed amendments include:

• Section 201 — would eliminate the mandatory denial of an application for licensure from a person who has entered into a felony plea agreement within five years of the date of application.
• Section 202b — would allow the term "escrow account" as an alternative name for a trust account.
• Sections 203 and 204 — would clarify that only an actively licensed person must complete the mandatory 3-hour continuing education. The mandatory 3-hour course does not add additional hours of required continuing education but satisfies three hours of the nine core class hours currently required.
• Sections 205, 207, 401a, 401b, 401h, and 401j — would establish a four-year time limit for the enforcement of a violation of certain provisions of these sections.
• Section 401c — would resolve overlap and inconsistencies between Utah law and other Administrative Rules relative to the obligation of a real estate broker to supervise affiliated sales agents and unlicensed staff.
• Section 403a — would amend the rule to require a principal broker to remit unclaimed funds to the State Treasurer’s Office within three years as required by Utah law.
• Section 403b — would increase the amount of a broker’s own funds that can be held in a real estate trust account from $500 to $1,000 consistent with current banking practices and account fee schedules.

Public comment for this proposed rule amendment runs through October 15.

Timeshare and Camp Resort

There are no recently adopted or proposed rule amendments under consideration.

arrow_upward BACK TO TOP arrow_upward

---

Fingerprinting—License Renewals—Conditional Licensing

Wow...could anyone ever have imagined the strange and difficult year that we are all experiencing. With all that has occurred and is still going on, we thought that you may need a refresher course on the status of fingerprinting requirements, license renewals, and conditional licensing for licensees (both experienced and new real estate and appraisal licensees).

Current Experienced Real Estate and Appraisal Licensees (those who have or will be renewing their licenses in 2020)

• Individuals with renewal deadlines of January, February, and March who renewed by March 15th, 2020:
  • Renewing licensees were required by statute to be fingerprinted and enrolled in the FBI RAP Back program in order to have their licenses renewed.
  • In spite of some renewal programming "hiccups," occurring between 01/01/20 and 03/15/20, licensees who successfully renewed their licenses during that time period after submitting fingerprints and enrolling in the RAP Back program will not need to be subsequently fingerprinted for their license as long as they continue to renew the license on a timely basis.
• Individuals with renewal deadlines from March 15th through October 31, 2020:
  • After 03/15/20, due to Covid-19 public pandemic issues and general business shutdowns, the fingerprinting of existing licensees at the time of license renewal was temporarily suspended (postponed) and remains temporarily suspended (postponed) at least until 10/31/20. Real Estate and Appraisal licensees who complete their required continuing education (CE) have been and are able to renew their licenses online without being enrolled in the FBI RAP Back Fingerprint System.
  • Please go to the home page of the Division website for current fingerprinting and licensing updates (https://realestate.utah.gov)
• Individuals with renewal deadlines after October 31, 2020:
  • Eventually all Real Estate and Appraisal Licensees who have not already done so will be required to be enrolled in the FBI RAP Back Fingerprinting system.  The date when fingerprinting and RAP Back enrollment will resume is not known at the time of this newsletter.
  • Refer to the Division website for current fingerprinting and licensing updates (https://realestate.utah.gov).

New (Conditionally Licensed) Real Estate and Appraisal Licensees:

• Conditional Licenses (Phase I) – [Real Estate & Appraisal applicants who were conditionally licensed without being fingerprinted between 03/15/20 and 08/31/20]
  • New Real Estate & Appraisal Licensees who were unable to be fingerprinted, and who were licensed between 03/15/20 and 08/31/20 were issued "CONDITIONAL LICENSES."  Conditional Licensees (Phase I) have/had until September 30, 2020 to be fingerprinted or their licenses will be denied.
  • Conditionally licensed individuals who completed the fingerprinting process and successful review were converted by the Division from being "conditionally licensed" to being "unconditionally licensed."
• Conditional Licenses (Phase II) – [Real Estate & Appraisal applicants who were conditionally licensed without being fingerprinted between 09/01/20 and 10/31/20]
  • New Real Estate & Appraisal Licensees who were/are unable to be fingerprinted, and who were/are licensed between 09/01/20 and 10/31/20 will be issued "CONDITIONAL LICENSES." Conditional Licensees (Phase II) will have until December 31, 2020 to be fingerprinted or their licenses will be denied.
  • Conditionally licensed individuals who complete the fingerprinting process and review will be converted by the Division from being "conditionally licensed" to being "unconditionally licensed."

New Real Estate and Appraisal Licensing Applicants Who Pass Their Licensing Exams After 10/31/20

Real Estate and Appraisal licensees who pass their licensing exams AFTER 10/31/20 should not need to be conditionally licensed. After October, the Division does not anticipate any future need to conditionally license Real Estate and/or Appraisal applicants.

We wish to thank each of you for your patience and cooperation during these difficult and challenging times.

arrow_upward BACK TO TOP arrow_upward

---

Mortgage License Renewal Requirements for 2021

Background Checks and Credit Reports Required This Year

Five years have passed since licensees last submitted a Criminal Background Check (CBC) and credit report with their Utah license renewal.  In 2013, The Utah Residential Mortgage Commission along with the Utah Division of Real Estate approved Rule R162-2c-204 which requires submission of a CBC and credit report every 5 years beginning with the renewal period of November 1, 2015.  All Utah licensees with an approved Utah license as of October 31, 2020 will be required to authorize and submit a new CBC and credit report starting November 1, 2020 in order to renew their license for 2021.  To avoid problems with your renewal, please do not submit these required items prior to November 1, 2020.

To prepare for this year’s CBC renewal requirement individuals are encouraged to review and verify whether their fingerprints are expired or pending expiration.  You can review the status of your fingerprint record by logging on to your individual filing on the NMLS and review the Criminal Background Check Requests section under the Composite View tab.  A new CBC will be required at renewal regardless of when you were last fingerprinted.  Although fingerprinting may be done ahead of time and new CBC request will be required at the time the renewal is requested on the NMLS.

Thank you!

arrow_upward BACK TO TOP arrow_upward

---

Mortgage Loan Originators

5-Hour MLO Course Reminder

Mortgage loan originators newly licensed in 2019 and 2020 are required to complete the 5-Hour Utah MLO CE Course by October 21, 2020, to renew for their 2021 License when the license renewal period opens. A license item requirement has been placed on licenses of those who are required to take the course. Those that have not completed the course by Oct 21st, 2020 will be prevented from renewing when the renewal period opens on November 1st. Course hours will be banked through the NMLS and MLOs can verify course completion through their education record on the NMLS. If you have completed the course and the license item is still showing on your license please email realestate@utah.gov with your name and NMLS number and we will remove the requirement.

Thank you!

arrow_upward BACK TO TOP arrow_upward

---

Broker Brush Up Series

I. Duties to Clients in Real Estate and Property Management	Q1 Newsletter
II. Transaction Files & Trust Accounts	Q2 Newsletter
III. Record Retention – 401K – Invest	Q3 Newsletter
IV. Supervision – Safe Harbor – Duties to Agents	Q4 Newsletter

Part III of IV: Investigations & Record Retention

We received 407 complaints at the Division in 2019 of which 17% resulted in a determination that a violation had been committed.  Recently the Division disciplined two licensees for trust account violations, a rising concern.  One case involved a Principal Broker who commingled and diverted funds from the trust account which resulted in revocation of his license and a civil penalty of $405,000.  The other case involved a Sales Agent who stole trust account funds resulting on a ban from applying for a license again for the next five years and a civil penalty of $140,000.

Investigations — Disciplinary Actions

During an investigation, the investigator will ask the Respondent for their transaction file, if they cannot produce a complete file, the investigator will request the documents from the Respondent’s broker.  Two areas Respondents and/or Brokers find themselves in violation during an investigation are:

• Failing to keep and make available for inspection by the division a record of each transaction, 61-2f-401(9).
• and
• Failing to respond to a request by the division in an investigation, 61-2f-401(18).

Please encourage the agents affiliated with you to timely respond to Division requests and ensure you are maintaining records as required.

The Division has four years to investigate a complaint once it is reported to the Division or ten years from the date of the violation, whichever is earlier, 61-2f-402(6).

Due to the number of pending cases the Division has, it is critical each licensee cooperate during the investigation and timely produce requested documents. The Division has issued citations including a $1000 civil penalty to licensees who fail to respond timely to a Division request. Protect your affiliates and encourage cooperation.

Record Retention

The following records must be maintained for at least three years following the year in which the offer is rejected, closed, or failed:

• all trust account records
• any document submitted to a lender or underwriter
• any document signed by a seller or buyer
• any document created or executed by a licensee

If you have the ability to keep them longer, do it. I’ve had sales agents and brokers produce integral documents that clear their actions exceeding that timeframe.

You are also responsible for keeping trust account records including monthly, quarterly, and yearly reconciliations. Records need to be physically or electronically maintained at the principal business location or branch office. If you decide to close your business, let us know where the business records will be maintained. If you file a brokerage bankruptcy, notify the division within 10 business days.  R162-2f-401k. Recordkeeping Requirements

Review the statute and rules by clicking on the link, they are short, read up on them and I welcome your phone calls if you’d like to share your thoughts with me.

P.S.  Join us for a Virtual Commission Meeting. Check out our Division of Real Estate website for monthly meeting dates and times and grab a front row seat to disciplinary sanctions in action.

arrow_upward BACK TO TOP arrow_upward

---

Division Staff Spotlight

Maelynn Valentine joined the Division of Real Estate in November 2019. She grew up in American Fork, UT. Soon after graduating from high school she moved away from home. Maelynn has called Salt Lake City her home for the past 20 years.

Maelynn has had an interest in the real estate and mortgage industries since she purchased her home. Maelynn began her career in real estate as a mortgage loan processor. She enjoyed helping people get into their homes. When asked how she came to be the Division Board Secretary, Maelynn stated, “Due to my interests in the mortgage and real estate industries, I pursued a position with the Division and am very happy to be functioning as the Division Board Secretary.”

Maelynn also enjoys her life away from work and loves hosting BBQ's at her home for family and friends. She also loves dogs and has been involved with fostering them for the past 8 years. She says, “I am what they call a ‘foster fail’ because the dogs I foster, I end up adopting.” She recently rescued seven puppies and was set to foster two of them. She ended up adopting one of them and her sister adopted the other. The other five puppies were also fostered and adopted.

Maelynn has been a wonderful asset to the Division and we appreciate her hard work and dedication to her job!

arrow_upward BACK TO TOP arrow_upward

---

Third Quarter Licensing & Disciplinary Actions

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

COESTER, BRIAN, AMC controlling person, Rockville, Maryland. In a stipulated order dated June 24, 2020, Mr. Coester admitted that the surety bond for CoesterVMS.com Inc was cancelled and not reinstated and that CoesterVMS Inc had issued engagement letters to numerous appraisers who completed the appraisal assignments but CoesterVMS Inc failed to pay the appraiser fees, in violation of Utah law. Mr. Coester and CoesterVMS Inc agreed that any residual registration rights of registration for CoesterVMS Inc and for Mr. Coester to act as a controlling person to act as a controlling to an appraisal management company registered in Utah are revoked. Docket Number AP-2020-01 and Case numbers AP-19-106903, AP-19-107454, AP-18-105303, AP-18-105974, AP-19-107328, and AP-19-110629

COESTERVMS.COM INC, Appraisal Management Company, Rockville Maryland. In a stipulated order dated June 24, 2020, Mr. Coester admitted that the surety bond for CoesterVMS.com Inc was cancelled and not reinstated and that CoesterVMS Inc had issued engagement letters to numerous appraisers who completed the appraisal assignments but CoesterVMS Inc failed to pay the appraiser fees in violation of Utah law. Mr. Coester and CoesterVMS Inc agreed that any residual registration rights of registration for CoesterVMS Inc and for Mr. Coester to act as a controlling person to an appraisal management company registered in Utah are revoked. Docket Number AP-2020-01 and Case numbers AP-19-106903, AP-19-107454, AP-18-105303, AP-18-105974, AP-19-107328, and AP-19-110629

CONSOLIDATED ANALYTICS, INC., BRIAN GEHL, Owner/Manager, Appraisal Management Company, Anaheim, California. In a stipulated order dated June 24, 2020, Consolidated Analytics, Inc. admitted that it broadcast an appraisal assignment to 58 independent contractor appraisers and then awarded the assignment to an appraiser without waiting the required 120 minutes or until each appraiser had responded to the offering. These actions are contrary to the Utah Administrative Rules. Consolidated Analytics, Inc. agreed to pay a civil penalty of $3,000. Case number AP-19-106583

MORTGAGE

HEATH, TODD D., lending manager, Kaysville, Utah. In a stipulated order dated July 1, 2020, Mr. Heath admitted that he charged a fee in connection with a residential mortgage loan without disclosing to the borrower in writing that he would be charging the fee and without disclosing to the lender that he would be seeking additional compensation from the borrower. These actions are a violation of Utah law. Mr. Heath agreed to pay a civil penalty of $10,000, to have his lending manager license placed on probation through December 31, 2021, and to update his answers to the disclosure questions in the NMLS. Case number MG-16-87179

PARKER, JOHN THOMAS, mortgage loan originator, Organ, New Mexico. In an order dated August 7, 2020, Mr. Parker’s license was granted and placed on probation until December 31, 2021 due to criminal history. Case number MG-20-120563

RESPINI, RHONDA SUE, mortgage loan originator, San Diego, California. Ms. Respini applied for licensure under the temporary authority provisions but failed to provide the Division with evidence that she had completed required Utah specific prelicensing education within 120 days of her application, as required by Utah law. In an order dated August 24, 2020, her application for licensure was denied. Case number MG-20-120962

SEVERIN, AMY CHRISTINE, mortgage loan originator, Gibbsboro, New Jersey. Ms. Severin applied for licensure under the temporary authority provisions but failed to provide the Division with evidence that she had completed required Utah specific prelicensing education within 120 days of her application, as required by Utah law. In an order dated August 24, 2020, her application for licensure was denied. Case number MG-20-120965

SMITH, CHERRIE ABELEDA, mortgage loan originator, Elmhurst, Illinois. Ms. Smith applied for licensure under the temporary authority provisions but failed to provide the Division with evidence that she had completed required Utah specific prelicensing education within 120 days of her application, as required by Utah law. In an order dated August 24, 2020, her application for licensure was denied. Case number MG-20-120963

TIGNER, JULIAN THOMAS, mortgage loan originator, Denver, Colorado. Mr. Tigner applied for licensure under the temporary authority provisions but failed to provide the Division with evidence that he had completed required Utah specific prelicensing education within 120 days of his application, as required by Utah law. In an order dated August 24, 2020, his application for licensure was denied. Case number MG-20-120975

TOMLIN, BRANDON CHRISTIAN, mortgage loan originator, Perkiomenville, Pennsylvania. Mr. Tomlin applied for licensure under the temporary authority provisions but failed to provide the Division with evidence that he had completed required Utah specific prelicensing education within 120 days of his application, as required by Utah law. In an order dated August 24, 2020, his application for licensure was denied. Case number MG-20-120957

WILSON, CHRISTOPHER HAROLD, mortgage loan originator, Fairfax, Virginia. Mr. Wilson applied for licensure under the temporary authority provisions but failed to provide the Division with evidence that he had completed required Utah specific prelicensing education within 120 days of his application, as required by Utah law. In an order dated August 24, 2020, his application for licensure was denied. Case number MG-20-120976

WITTHUHN, CARRIE SUE, mortgage loan originator, Elizabeth, Colorado. Ms. Witthuhn applied for licensure under the temporary authority provisions but failed to provide the Division with evidence that she had completed required Utah specific prelicensing education within 120 days of her application, as required by Utah law. In an order dated August 24, 2020, her application for licensure was denied. Case number MG-20-120961

REAL ESTATE

ACEVEDO, DEMETRICK Z., sales agent, West Valley City, Utah. In an order dated July 2, 2020, Mr. Acevedo’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-119920

ANDERSEN, BRADY M., sales agent, Orem, Utah. In an order dated June 24, 2020, Mr. Andersen’s license was renewed and placed on probation due to a pending criminal matter. Case number RE-20-119723

ARMSTRONG, BRUCE, dual broker, Lindon, Utah. In a stipulation and consent order dated August 12, 2020, the Division found that more than $100,000 was diverted and comingled between the trust accounts of the two brokerages for which Mr. Armstrong was the dual broker. In addition, payments of more than $75,000 for wages, loans, and gifts were made from a trust account directly to a contract bookkeeper and unlicensed assistant. Mr. Armstrong reported to the Division that these payments were made from his own funds being held in the trust account. However, administrative rules at the time limited a broker’s own funds in a trust account to $500. Mr. Armstrong continued to hold funds belonging to him in the trust accounts and continued to pay personal and business expenses directly from the those accounts. During this time, Mr. Armstrong did not perform required monthly reconciliations of the trust accounts. Between 2011 and 2014, trust account funds in excess of $100,000 were used to pay property expenses for four hotel properties that he managed and in which he had a financial interest. These expenditures resulted in a trust account shortage which Mr. Armstrong failed to report to the Division. Between 2013 and 2015, Mr. Armstrong transferred funds from tenant-in-common subaccounts to his own subaccount for leasing commissions he was not entitled to and without the property owners’ knowledge or consent. These unearned leasing commissions totaled several hundred thousand dollars. Mr. Armstrong later repaid these unearned commissions. Between 2013 and 2016, leasing commissions totaling nearly $500,000 were transferred from the property reserve accounts. The year-end reports for these years sent to owners did not reflect the payment of the leasing commissions but incorrectly stated the property reserve accounts were greater than they actually were. In 2019, Mr. Armstrong took steps to notify the affected property owners of the leasing commissions paid from their accounts. Mr. Armstrong admits that his actions violated Utah law and Administrative Rules and agreed that: 1) his associate broker and dual broker licenses be revoked; 2) he will immediately cease and desist from any activities requiring a real estate license; 3) he is barred from applying for licensure for a five-year period; and 4) he will pay a civil penalty of $405,357.72 with a dollar for dollar reduction in the civil penalty for restitution paid to property owners. Docket No. RE-2019-016 and Case numbers RE-16-80578, RE-18-97103, and RE-19-108880

BALLARD, CHERI LEE, sales agent, Ogden, Utah. In an order dated August 7, 2020, Ms. Ballard’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-20-120576

BLACKHAIR, ANGIE, sales agent, Duchesne, Utah. In an order dated June 5, 2020, Ms. Blackhair’s license was renewed and placed on probation due to a pending criminal matter. Case number RE-20-119231

BOEDEKER, STEPHEN REECE, sales agent, South Jordan, Utah. In an order dated June 4, 2020, Mr. Boedeker’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-20-119222

BROWN, BOYD B., associate broker, Sandy, Utah. In a stipulated order dated July 15, 2020, Mr. Brown admitted that he failed to disclose to the seller that the buyer had failed to provide additional earnest money prior to the due diligence deadline and that he, Mr. Brown, had failed to execute a written agency agreement with the buyer prior to signing and submitting the REPC to the seller. These actions are in violation of Utah law and administrative rules. Mr. Brown agreed to pay a civil penalty of $2,000 and to complete three hours of continuing education on the topic of Utah law in addition to the continuing education required for his next license renewal. Mr. Brown was co-agent with Shad J. Selmos in this transaction. Case number RE-20-118601

BURK, BRANDON WESLEY, sales agent, Cedar City, Utah. In an order dated August 21, 2020, Mr. Burk’s application for licensure was denied due to criminal history. Case number RE-20-120954

BURKE, KATHRYN E., sales agent, South Jordan, Utah. On June 10, 2020, the Division issued a citation to Ms. Burke for advertising an open house without identifying Ms. Burke’s brokerage information, in violation of Utah law and Administrative Rules. The citation assessed a fine in the amount of $150. Citation # DREC-20-10, Case number RE-19-110805

CHEVEZ, EVELYN BEATRIZ, sales agent, West Jordan, Utah. In an order dated August 20, 2020, Ms. Chevez’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-120937

CRAWFORD, GERALD, principal broker, Washington, Utah. In a stipulated order dated June 17, 2020, Mr. Crawford admitted that he had not personally reconciled the brokerage trust account and that he failed to exercise reasonable supervision over the brokerage’s licensed and unlicensed staff, in violation of Utah law and administrative rules. During a three year period during which time Mr. Crawford did not personally reconcile the trust account, the brokerage’s office manager stole approximately $329,000 from the brokerage. The majority of these funds were stolen from the trust account. In mitigation, the Division notes that the trust account was reconciled by two of the brokerage’s owners who are certified public accountants and the owners replaced the stolen trust funds so that none of the brokerage’s clients suffered a financial loss. Mr. Crawford 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-19-107494

CRITCHLOW, SANDY K., sales agent, Tooele, Utah. In a stipulated order dated June 17, 2020, Ms. Critchlow admitted that she had removed the only copy of many of her brokerage’s client files from the brokerage and then notified her broker that she had terminated her work for the brokerage and would be working for a different property management company. The next day, Ms. Critchlow began contacting the brokerage’s clients to solicit their ongoing property management business. On the following day, her new broker accepted Ms. Critchlow’s transfer request and she moved into her new office with the files removed from the prior brokerage. Ms. Chritchlow’s action are in violation of Utah law and administrative rules including the violation of her fiduciary duty of loyalty in the course of representing a principal, reasonable care and diligence, and holding safe and accounting for all money or property entrusted to the agent, making a substantial misrepresentation, and incompetence. Ms. Critchlow agreed to pay a civil penalty of $7,500 and to complete six hours of continuing education in addition to the continuing education required for her next license renewal. Docket No. RE-2020-05 and Case number RE-16-81133

ELKINGTON, JOSHUA S., sales agent, Salt Lake City, Utah. On May 28, 2020, the Division issued a citation to Mr. Elkington for: 1) continuing to market property for sale after the listing agreement was cancelled; 2) advertising the availability of real estate in a false, misleading, or deceptive manner; and 3) advertising property for sale without the written consent of the property owners; actions which are in violation of Utah law and administrative rules. The citation assessed a fine in the amount of $1,000. Citation # DREC-20-9, Case number RE-19-113578

ETTER, PHILIP MARK, sales agent, Layton, Utah. In an order dated August 18, 2020, Mr. Etter’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-120799

FRANDSEN, DUSTIN J., sales agent, Moab, Utah. In a stipulated order dated July 15, 2020, Mr. Frandsen admitted that after a property owner had terminated a property management agreement with Mr. Frandsen’s property management company, Mr. Frandsen had returned a security deposit of $1700 in full to the owner’s tenant including the non-refundable portion of the deposit. Later, it was determined that the tenant had caused thousands of dollars of damage to the property. Mr. Frandsen breached his fiduciary duty of loyalty to his principal in violation of Utah law and administrative rules. He agreed to pay a civil penalty of $1700 and to complete three hours of continuing education on the topic of Utah law in addition to the continuing education required for his next license renewal. Case number RE-19-109023

GRAHM, ALEX PETER, sales agent, Salt Lake City, Utah. In an order dated June 26, 2020, Mr. Grahm’s license was granted and placed on probation due to a pending criminal matter. Case number RE-20-119803

HARDMAN, ANNA NICOLE, sales agent, Vernal, Utah. In an order dated July 29, 2020, Ms. Hardman’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-120356

HARTER, GRAHAM, sales agent, Park City, Utah. In an order dated August 6, 2020, Mr. Harter’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-20-120531

HAWS, JOSEPH DARRELL, sales agent, Provo, Utah. In an order dated July 2, 2020, Mr. Haws’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-119916

HELM, DAVID C., associate broker, Cottonwood Heights, Utah. In a stipulated order dated August 19, 2020, Mr. Helm submitted an offer to purchase a property on behalf a prospective buyer. The offer was accepted but the buyer later cancelled the REPC when she determined that the property was not zoned as a horse property. Mr. Helm admitted that he had not executed a written agency agreement with the buyer because she was a personal friend and the sale had failed. Mr. Helms’s actions are a violation of Utah administrative rules which require a written agency agreement prior to representing a client. Mr. Helm agreed to pay a civil penalty of $1,000 and to complete three hours of continuing education on the topic of agency in addition to the continuing education required for his next license renewal. Case number RE-17-95065

HYMAS, LAURIE KRECHELLE, sales agent, Saratoga Springs, Utah. In an order dated June 29, 2020, Ms. Hymas’s application for licensure was denied due to criminal history. Case number RE-20-119811

INGRAM, G. DEAN, principal broker, Elk Ridge, Utah. In a stipulated order dated June 17, 2020, Mr. Ingram was identified as the listing broker of nine lots. He advertised the properties as ready to be built. The advertisement was placed even though the municipality had placed a building moratorium on the nine lots. The lots were also advertised as “Owner/Agent.” Although Mr. Ingram is co-owner of a homebuilder, the nine lots were owned by an independent homebuilder/seller. Mr. Ingram admitted that his actions were in violation of Utah law and administrative rules which require that: 1) a principal broker exercise reasonable supervision of the brokerage’s licensees and staff; 2) a licensee refrain from making a false or misleading representation; 3) a licensee make reasonable efforts to verify the accuracy and content of information used in marketing a property, and other violations. Mr. Ingram agreed to pay a civil penalty of $2,500 and to complete three hours of continuing education on the topic of Utah law, in addition to the continuing education required for his next license renewal. Case number RE-19-113459

MAURER, DAKOTA MACKLIN, sales agent, Draper, Utah. In an order dated June 24, 2020, Mr. Maurer’s license was granted and placed on probation due to a pending criminal matter. Case number RE-20-119727

NOALL, JEFFREY, sales agent, Bountiful, Utah. In an order dated August 19, 2020, Mr. Noall’s license was renewed and placed on probation due to a pending criminal conduct matter. Case number RE-20-120868

POPE, GREGORY S., sales agent, Murray, Utah. In an order dated June 1, 2020, Mr. Pope’s license was reinstated and placed on probation for one year due to criminal conduct during the past licensing period. Case number RE-20-119113

PRICE, LANE, sales agent, Syracuse, Utah. In an order dated August 6, 2020, Mr. Price’s license was renewed and placed on probation for the renewal period due a plea in abeyance agreement in a criminal matter during the past licensing period. Case number RE-20-120528

SAPERS, ADAM, sales agent, Salt Lake City, Utah. In an order dated August 18, 2020, Mr. Sapers’s license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-20-120802

SELMOS, SHAD J., sales agent, Saratoga Springs, Utah. In a stipulated order dated July 15, 2020, Mr. Selmos admitted that he failed to disclose to the seller that the buyer had failed to provide additional earnest money prior to the due diligence deadline and that he, Mr. Selmos, had failed to execute a written agency agreement with the buyer prior to signing and submitting the REPC to the seller. These actions are in violation of Utah law and administrative rules. Mr. Selmos agreed to pay a civil penalty of $2,000 and to complete three hours of continuing education on the topic of Utah law in addition to the continuing education required for his next license renewal. Mr. Selmos was co-agent with Boyd B. Brown in this transaction. Case number RE-17-95315

SKIDMORE, GARRETT JOHN, sales agent, Syracuse, Utah. In an order dated June 29, 2020, Mr. Skidmore’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-20-119810

SMITH, CIMMARON, sales agent, Leeds, Utah. In an order dated June 19, 2020, Mr. Smith’s license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-20-119584

WILLIAMS, RACHEL LYNN, sales agent, South Jordan, Utah. In an order dated July 29, 2020, Ms. Williams’s license was renewed and placed on probation for the renewal period due to a criminal matter in a prior license period and a plea in abeyance agreement during the past licensing period. Case number RE-20-120354

YATES, RANDY S., sales agent, Pleasant Grove, Utah. In an order dated July 17, 2020, Mr. Yates’s license was renewed and placed on probation for the renewal period due to a plea agreement in a prior licensing period and a pending criminal matter based on conduct during the past licensing period. Case number RE-20-120178

TIMESHARE

RAMIREZ, CHRISTOPHER MANUEL, timeshare salesperson, West Valley City, Utah. In a stipulated order dated June 25, 2020, Mr. Ramirez admitted that he failed to disclose criminal history in his application for registration, in violation of Utah law and administrative rules. Mr. Ramirez agreed to pay a civil penalty of $500. Case number TS-20-119728

arrow_upward BACK TO TOP arrow_upward

---

Kagie's Korner

What happens when a licensee changes brokerages when transactions are pending?

When an agent or associate broker wants to change brokerages, first, they should communicate with their current broker, and then initiate the brokerage change process by accessing their RELMS account on the Division website at www.realestate.utah.gov. Once a request for affiliation change has been entered by the departing licensee, both brokers (current and future) will each receive an email and they both will have to acknowledge the transfer. Remember, both brokers must acknowledge the change within ten days of the notification or the change of license affiliation will not be completed. It is the responsibility of the transferring licensee to follow up and verify that both brokers have acknowledged the change before they can begin working under the new brokerage. If for some reason one or both brokers fail to acknowledge the requested change of affiliation within the ten days, then the departing licensee will need to terminate their initial failed request in RELMS, and enter a subsequent affiliation change request.

Let’s say Agent Freedom is representing a buyer and the property went under contract on May 31st. Agent Freedom transfers his license from ABC Realty to XYZ Real Estate on June 3rd. The following are options for how this transaction can proceed:

First, the Buyer Agency belongs to ABC Realty's Principal Broker. Agent Freedom can speak with the Principal Broker of ABC Realty to see if they will allow Agent Freedom to take the client with him to XYZ Real Estate. If the broker agrees, the broker would terminate the buyer agency contract entered into on May 31st. If the buyer agency agreement with ABC Realty is terminated by the departing broker, Agent Freedom could then draft a new agency agreement with the new brokerage and proceed to represent the buyer.

If ABC Realty’s Principal Broker will not allow Agent Freedom to take the client with him, then after June 3rd, Agent Freedom can no longer service the client as his license is no longer affiliated with ABC Realty. If an addendum needs to be drafted on June 7th the Principal Broker or other affiliated licensees designated by the broker of ABC Realty will be assigned to step in and assist the client in drafting the addendum on the client's behalf.

If the transaction does not close for weeks or months later, how does Agent Freedom get compensated after the transaction closes? Does the commission have to go through the new XYZ Broker or can the old broker at ABC pay Agent Freedom directly? These are questions that the Division receives often. If ABC Realty retained the client, ABC Realty can pay Agent Freedom directly, after closing for work that Agent Freedom performed before he changed brokerages. The Broker at ABC would need to determine the work that Agent Freedom did, and the work that other affiliated licensees did in order to determine the fair amount of compensation that was earned by each licensee.

Let’s review the corresponding statutes:

• 61-2f-305 (1) Except as provided in Subsection (2), an associate broker or sales agent may not accept valuable consideration for the performance of an act specified in this chapter from a person except the principal broker with whom the associate broker or sales agent is affiliated.
• 61-2f-401 (6) for a principal broker, paying or offering to pay a sales agent or associate broker who is not affiliated with the principal broker at the time the sales agent or associate broker earned the compensation;

Agent Freedom's license was affiliated with the broker at ABC Realty at the time the commission was earned on May 31st; therefore, the broker at ABC Realty can pay Agent Freedom directly for the work performed while at ABC. The commission does not have to run through XYZ Real Estate, the new brokerage.

arrow_upward BACK TO TOP arrow_upward

---

2020 Instructor Development Workshop (IDW)

The Division is pleased to announce that Cheryl Knowlton, our homegrown, and nationally recognized and distinguished real estate instructor, has accepted the challenge of being our virtual-live presenter/instructor for the 2020 Instructor Development Workshop which will be held on October 19-20th.

As a real estate educator, broker, and 20-year veteran of the real estate and mortgage industry, Cheryl Knowlton is obsessed with helping real estate agents become more relevant in today’s marketplace through harnessing the power of engaging education. As a record breaking recruiter, licensed broker, national speaker, coach, author, and real estate compliance expert, Cheryl specializes in enthusiastically empowering real estate excellence by consistently delivering highly engaging and relevant content. As the CEO of Dynamite Productions, a global real estate training company, Cheryl’s programming ensures that real estate educators, licensees, designated brokers, and mortgage professionals leave with the practical tools they need to hit the ground running and experience explosive growth and success in their careers.

When she is not scanning her Annual Pass at a Disney theme park, Cheryl is traveling the country to speak in 26 different states for state and local associations and for The National Association of REALTORS Annual Convention in 2019. She is now enthusiastically bringing Instructor Development and mandatory content development to states all across the country to assist other educators in raising the bar in their own backyards.

In addition to holding the highly coveted Certified Speaking Professional Designation (CSP) and the Distinguished Real Estate Instructor Designation (DREI), she also holds 16 NAR Designations and Certifications and teaches 12 of them. Cheryl also designed and built a Utah real estate pre-licensing school from the ground up in 2017.

Enthusiastically dedicated to raising the bar of professionalism in real estate, as well as personal development, Cheryl carries this high-octane vibe into the classroom and all of her online video content. She loves teaching the many courses she has authored nationally, as well as NAR designation courses, incorporating fun into the programming to ensure students participate in learning through a variety of modalities. Cheryl genuinely loves the real estate industry and gets completely “lit up” about the moving the needle and taking the real estate industry to the next level through professional real estate education.

Cheryl has been a proud member of the National Speakers Association (NSA) since 2010, where she serves as the Vice President on the NSA Mountain West Chapter Board of Directors. She has also been a member of The Real Estate Educators Association (REEA) since 2010, where she earned her Distinguished Real Estate Instructor (DREI) designation in 2014. Dedicated to keeping in touch with the pulse of real estate, she has been actively involved in the Women’s Council of REALTORS® locally and regionally since 2000.

Cheryl is also author of the books, "Burning the Hamster Wheel: 20 Stress Management Strategies for Today’s Real Estate Professional," and "I'm Only Half Crazy: Life Lessons Learned While Running 20 Half Marathons." (She has run 22 half marathons to date.)

Cheryl is the joyful wife of Rick, the proud mother of 4 beautiful adult married daughters, and is having the time of her life enjoying her 7 perfect grandchildren.

Registration for this event will be based on a "first come, first served very limited basis." Only current instructors, registered with the Division, have been invited to attend this year's IDW event. If you are an instructor that did not receive an email invitation, and wish to attend, please contact Kendelle at 801-530-6751.

NOTE: Attendance at the two-day IDW is REQUIRED once every two years for all real estate, mortgage, and appraiser pre-licensing instructors and Real Estate Mandatory 3-Hour Course Instructors.

Mortgage and appraisal instructors are invited to attend this course, although no CE credit can be given. Only Real Estate instructors (pre-license and continuing education) will receive 12 hours of core continuing education credit for attendance at this outstanding training event. Please keep in mind that CE credits are only awarded in full-day segments.

This year’s schedule will be as follows:

Monday and Tuesday, October 19th and 20th

Monday (10/19)	Division Update	10:00am – 12:00pm
		One hour break for lunch
	Cheryl Knowlton	1:00pm – 5:00pm
Tuesday (10/20)	Cheryl Knowlton	9:00am - 12:00pm
		One hour break for lunch
	Cheryl Knowlton	1:00pm - 4:00pm

(Attendees must have a functioning computer camera and microphone. Please…no exceptions)

arrow_upward BACK TO TOP arrow_upward

---

Credits

arrow_upward BACK TO TOP arrow_upward

---

In this issue:

• Director's Message – Division Updates
• Rule Developments Since October 1, 2020
• Mortgage License Renewal
• Broker Brush-Up Series – Part IV
• Contract Appraisers Help Division with Investigations
• Division Staff Spotlight
• 4th Quarter Licensing & Disciplinary Actions
• Kagie's Korner – Electronic Transfers of Earnest Money
• Craig Morley Appointed to Appraisal Standards Board
• Instructor Development Workshop Recap
• Credits

---

Director's Message – Division Updates

What a year!  We've all had to adjust many things we probably took for granted, and the Division of Real Estate is no different.  The Division had to adapt quickly to allow for CE courses to be taught virtually.  We had to cancel CARAVAN for the first time in over 30 years.  Our Instructor Development Workshop was held live and virtually for the first time.  And of all the years to implement the new requirement of fingerprinting, it had to be the year of a global pandemic!  We made it through, and we appreciate your patience with us as we navigated the ever-changing landscape of 2020.

Fingerprinting

Fingerprinting for those RENEWING their license is still suspended.  Only initial applicants and those conditionally licensed between September 1st and October 31st should be getting fingerprinted at this time (see conditional licensing below).

Fingerprinting remains a challenge.  We continue to evaluate the COVID-19 case numbers and guidance from the Utah Department of Health in making our decisions, but for now, fingerprinting is again delayed for those with January expiration dates.  Fingerprinting could very well be delayed until sometime in mid-2021.  Please continue to check the Division's home page for the most current information — it is updated by the 15th of each month.  When we resume fingerprinting, it will be in conjunction with each licensee's renewal date, and we will give plenty of notice.  Please do not get fingerprinted unless you are a new applicant or were conditionally licensed.  Being fingerprinted outside of these two scenarios may cause you to be fingerprinted again when you renew your license.

Conditional Licensing

In March, our testing provider Pearson Vue, notified us that they would be suspending fingerprinting and testing services.  Testing resumed at 50% capacity on May 1st, but fingerprinting services were still suspended.  In addition, eighteen third-party testing sites were opened to help with the backlog of applicants waiting to test; unfortunately these third-party testing sites did not offer fingerprinting services.  In an effort to prevent further delays, the Division allowed new real estate and appraisal candidates to be licensed on a conditional basis.  Licenses were issued with the understanding that new licensees agreed to be fingerprinted at a later date or their license would be suspended.  To date, there have been two phases of conditional licensing.

Conditional Licensing Phase 1

Real Estate and Appraisal applicants who passed their exam and applied for a license between March 15th and August 31st were conditionally licensed without being fingerprinted.  At the time their license was issued, they were informed that their license was conditional and they needed to be fingerprinted by September 30, 2020.  The Division sent multiple emails to conditionally licensed individuals about the upcoming deadline.  Even with multiple emails, we had approximately 300 conditionally licensed individuals who failed to get fingerprinted by the deadline.  We ultimately decided to extend the deadline to November 2nd.  We sent additional email notifications and attempted to contact the brokers of all conditionally licensed agents who had failed to submit fingerprints, and on November 2nd we suspended approximately 30 licensees.  We received a phone call from one licensee who told us we should have given them some warning before suspending their license even though we sent several emails leading up to the September 30th and November 2nd deadlines.  Please make sure you are receiving and reading Division emails.

All licensees issued a conditional license that successfully submitted fingerprints to the Division have now been unconditionally licensed.  As of December 31st, we have 9 Phase 1 licensees who have failed to submit fingerprints and their licenses continue to be held on suspended status.

Conditional Licensing Phase 2

Pearson Vue began fingerprinting testing candidates on September 1st.  Because of the number of testing applicants, it was determined that third-party testing sites would need to continue to be utilized to ensure sufficient capacity.  Unfortunately, as stated earlier, third-party testing sites do not offer fingerprinting services.  Applicants who tested at a third-party site needed to be fingerprinted either at a main Pearson Vue testing site or from a third-party vendor.  This required us to start Phase 2 of conditionally licensing.  New real estate and appraisal licensees who passed their test but could not be fingerprinted between September 1st and October 31st were issued conditional licenses.  These licensees were required to submit fingerprints by December 31, 2020 or their license would be suspended.  As of December 31st, 28 Phase 2 licensees have not submitted fingerprints to the Division.

Drop Box in Lobby

As we highlighted in our last newsletter, we have now added a drop box to our lobby.  If licensees or applicants need to deliver something to the Division, they are welcome to place it in the drop box during regular business hours.  The drop box is checked twice a day and will remain in the lobby until the Heber Wells Building is open to the public.

Website Update

The Division of Real Estate is currently working to update our website.  The web developers have asked that we find one or two volunteers from each industry to test the new site during the development stage – ideally licensees who are familiar with the Division's current webpage.  Those who volunteer will be able to give us valuable feedback about the design, functionality, and layout of our new website before it goes live.  If you would be willing to assist the Division in this effort, please send an email to realestate@utah.gov.

We wish you all a Happy New Year and a safe and successful 2021!

arrow_upward BACK TO TOP arrow_upward

---

Rule Developments Since October 1, 2020

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/

Appraisal Management Company Rules

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

Appraisal

The Real Estate Appraiser Licensing and Certification Administrative Rules, R162-2g, were amended on June 30, 2020.  Subsection 502(8) was added to the rules at that time.  The addition of Subsection 502(8) was intended to clarify the rule relating to property inspections.  However, members of the appraisal management industry have raised questions and concerns about Subsection 502(8) and the collection of property data for use in an appraisal.  The Appraisal Board has since approved a proposal to delete Subsection 502(8) from the rule.  A proposal to delete Subsection 502(8) is being prepared at this time and the proposed amendment will soon be published and available for public comment.

Mortgage

There are no recently adopted or proposed rule amendments under consideration for the Utah Residential Mortgage Practices and Licensing Rules.

Real Estate

The Real Estate Licensing and Practices Rules, R162-2f, were amended on October 21, 2020.  The sections amended include:

• Section 201 — this amendment eliminates the mandatory denial of an application for licensure of a person who has entered into a felony plea agreement within five years of the date of application.
• Section 202b — now allows the term "escrow account" as an alternative name for a trust account.
• Sections 203 and 204 — add a requirement to complete the mandatory 3-hour continuing education before a person who was issued an inactive license at the time of their last renewal and their license is currently on inactive status, or a person reinstating an expired license, can activate or reinstate the license.  Previously, only a person with an active license was required to complete the course.  The mandatory 3-hour course does not add additional hours of required continuing education but satisfies three hours of the nine core class hours previously required.
• Sections 205, 207, 401a, 401b, 401h, and 401j — now have a four-year time limit for the enforcement of a violation of certain provisions of these sections.
• Section 401c — has resolved overlap and inconsistencies between Utah law and other Administrative Rules relative to the obligation of a real estate broker to supervise affiliated sales agents and unlicensed staff.
• Section 403a — amended the rule to require a principal broker to remit unclaimed funds to the State Treasurer's Office within three years as required by Utah law.
• Section 403b — increased the amount of a broker's own funds that can be held in a real estate trust account from $500 to $1,000 consistent with current banking practices and account fee schedules.

The Real Estate Commission has established a committee to consider an amendment to the trust account rules.  A proposed rule amendment is being prepared, but has not yet been completed or approved by the Real Estate Commission.

Timeshare and Camp Resort

There are no recently adopted or proposed rule amendments under consideration.

arrow_upward BACK TO TOP arrow_upward

---

Mortgage License Renewal

The 2020 Mortgage License Renewal cycle has come to an end.  This year, all mortgage licensees were required to authorize a criminal background check (CBC) and credit history with their 2021 renewal request.  In addition, all MLOs newly licensed in 2019 and 2020 were required to complete the 5-Hour Utah MLO CE Course.  These additional specific renewal requirements have been a challenge for the Division.  The Division currently has 8,257 licensees eligible to renew for the 2021 year.  At the time of this writing, 86% of our licensees have requested their renewal and 91% of submitted applications have been approved.  There are 627 individuals who have not had their license application renewal approved.  1,138 licensees have not requested license renewal.  Some delays are a result of pending, uncleared deficiencies on individuals' licenses.  Other delays are merely the result of multiple renewal requirements that are still being conscientiously considered by the Division.  Other delays will be a result of late submission.

What you need to know about your renewal:

If you have not received an email confirmation through the NMLS system that your license renewal is approved and you requested it more than two weeks ago, please log into your filing and see if there are deficiencies on your license (license items) that are holding up the approval.  If you requested your renewal prior to the December 31, 2020 deadline, you can continue to use your license in the status it was in at the time of your renewal request while we process your license renewal.  In addition to receiving a confirmation email from the NMLS stating that your renewal has been approved, you will also receive an email from the Division with your Mortgage license attached.  You may print your license at your convenience.

For those who have not received an approved renewal email, please check your NMLS filing in the following manner:  Log into your NMLS account and under "composite view," click on "view individual" on the submenu, then find the "license items" hyperlink next to your Utah DRE license.  Generally, there are corrections or additions required on your filing that you can take care of fairly easily.  If you see a deficiency for failure to complete the Utah two hour Utah Law course and you know you completed it, please contact your education provider.

In January, renewal requests that continue to have licensing deficiencies, will be placed on inactive status.

If you failed to request your renewal before year-end, you should immediately discontinue any activity that requires a mortgage license.

If you have not requested renewal prior to the end of the year and you still wish to maintain your mortgage license, you can apply to reinstate your license prior to February 28, 2021.  You will still need to complete the 2020 late CE before you can request the reinstatement your license.  Once you have completed the late CE you will be able to request reinstatement and authorize your CBC and credit check.  You will request your reinstatement through the NMLS, pay the renewal fee, and the late fee.  There is an additional $50 late fee for the reinstatement.  If you completed your CE prior to the end of the year, but did not request renewal by December 31, 2020, you will not need additional CE, you will only need to request and pay the renewal and late fee through NMLS prior to February 28, 2021.  You will not be able to resume licensing activities until your reinstatement request has been approved by the Division.  Note the importance of the February 28, 2021 deadline.  After that date, licensees will need to reapply for a new Mortgage license.

arrow_upward BACK TO TOP arrow_upward

---

Broker Brush Up Series

I. Duties to Clients in Real Estate and Property Management	Q1 Newsletter
II. Transaction Files & Trust Accounts	Q2 Newsletter
III. Record Retention – 401K – Invest	Q3 Newsletter
IV. Supervision – Safe Harbor – Duties to Agents	Q4 Newsletter

Part IV of IV: Supervision – Safe Harbor – Duties to Agents

When I started selling real estate as a newbie sales agent, I was frustrated that I couldn't calculate my exact commission after closing a transaction.  I asked my broker for accounting help, I asked my office manager for accounting help but, with each paycheck I found additional random charges assessed that I hadn't anticipated...only to find out years later that the office manager was taking a cut for herself out of sales agents' commission checks.

Did my branch broker fail to adequately supervise his employee?  What were his responsibilities to me as his sales agent?  Is he protected under the safe harbor rules when his employee skimmed agent commissions? Let's explore these questions by examining broker supervision, duties to agents, and safe harbor laws.

Broker Supervision §61-2f-401(13) & R162-2f-401c(1)(f) & R162-2f-401j

Principal and branch brokers will be held accountable for failing to exercise active and reasonable supervision over the activities of licensed and unlicensed staff.  This includes granting approval of your licensees' assistants, transaction coordinators and team members.  Be aware that you are responsible for ensuring that all unlicensed affiliates are not doing work that requires a license.

It is your responsibility to regularly reconcile all brokerage financial accounts and supervise the people that help you manage them.  I don't know if my first broker "trusted" his office manager to run the financial accounts on his behalf without active supervision, but responsibly reconciling your financial accounts keeps small discrepancies from turning into trust account fraud.

Brokers track agent licenses to verify that they are active and in good standing.  Starting January 2021, the Division investigators will notify brokers via email if we find your sales agents or employees are in violation of Utah law or administrative rules.  Brokers that allow agents to make major mistakes can end up sharing in licensure, financial, and legal penalties.

Broker Duties to Agents

It goes without saying that my first broker had a duty to explain why my commission checks came up short, but with every transaction, he had a seemingly logical explanation of additional random brokerage charges.  I finally gave up and decided that commission paychecks could not be precisely calculated.  Funny thing is, when I changed brokerages, I was able to calculate my commissions to the penny.

Licensed agents are typically independent contractors and handle their own transactions but are dependent on their broker having a properly registered brokerage §61-2f-206 & R162-2f-205, an active broker's license R162-2f-202b, and the ability to collect and pay commissions R162-2f-401c(1)(d).

Brokers should have written policies and procedures in place for their agents that explain legal compliance.  It is also standard practice that a broker would offer industry updates and provide training resources for agents.

Brokers maintain and store transaction files on behalf of their agents R162-2f-401k.  Brokers should confirm that transaction files are complete and agency agreements and purchase contracts are fully executed including initials, signatures, and dates by all parties involved.

Brokers should be easy to contact and readily available to answer questions and aid in resolving problems that arise during transactions.

Safe Harbor — R162-2f-401c(3)

Would my first boss have been protected with these safe harbor laws once it was uncovered that his employee misappropriated funds from the brokerage account?  I'll probably never know, but as long as you do your broker due diligence, you are protected against violations by employees and sales agents if:

• Written policies preventing a violation are in place;
• Reasonable procedures are established that licensees receive adequate supervision;
• Upon learning of a violation, attempted to prevent or mitigate the damage;
• The Broker didn't participate in the violation;
• The Broker didn't ratify the violation; and,
• The Broker didn't avoid learning of the violation.

I don't have definitive answers to my questions about the skimming office manager in my early sales life, but I sure would like that case file to fall on my investigative desk in some alternate time continuum universe!  Stay safe out there, practice active supervision, keep your agents licensed, educated and informed, and enjoy the feeling of peace within a safe broker harbor.

Laurel North – Investigator – Division of Real Estate

arrow_upward BACK TO TOP arrow_upward

---

Contract Appraisers Help Division with Investigations

In July 2020, the Division lost its only appraisal investigator, Craig Livingston, to retirement.  Instead of filling Mr. Livingston's position by hiring another Division employee investigator, the Division opted to put a bid out for contract appraisers to complete reviews of appraisal complaints submitted to the Division.  The Division is excited about this new process as licensed, working appraisers, your peers, will be reviewing appraisal complaints and offering their opinions.

arrow_upward BACK TO TOP arrow_upward

---

Division Staff Spotlight

Meet Jenny Knudsen!  Jenny has been employed with the Division for the past 10 months.  She was originally hired to assist with our new fingerprinting process, but is now working as a Real Estate Licensing Specialist and also helps to coordinate appraisal investigations.  She really enjoys the variety of work that she has been able to do since beginning her employment here at the Division.

Prior to her employment at the Division, Jenny worked in the real estate industry for 15 years.  She spent the majority of her time working with real estate investors and in property management.  With her knowledge of the real estate industry, Jenny was able to easily transition to her new position.

Jenny has a passion for the outdoors, especially when it comes to hiking, backpacking, and wake surfing.  In the summer months, she spends nearly every weekend at one of Utah’s many lakes, wake surfing and boating with her friends, husband, five children and three grandsons.  Jenny's love for exploring the world on foot has taken her to 15 different states as well as to Canada and Costa Rica.  One day she hopes to be able to say that she has hiked in all 50 states.  In 2021, Jenny plans to complete a 200 mile hike through the Sierra Nevada Mountains!

We feel privileged that Jenny joined our team this past year and know she will continue to be an asset to the Division and to all of our licensees.

arrow_upward BACK TO TOP arrow_upward

---

4th Quarter Licensing & Disciplinary Actions

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: https://realestate.utah.gov/licensing-and-disciplinary-actions/

APPRAISAL/AMC

BODELL, J. MARTELL, II, certified residential appraiser, Draper, Utah.  In a stipulated order dated November 25, 2020, Mr. Bodell admitted to having prepared a certified appraisal report for a property that as a certified residential appraiser he was not authorized to perform, in violation Utah law.  Mr. Bodell agreed to pay a civil penalty of $2,000.  Docket number AP-2020-005 Case number AP-19-109772

CLASS VALUATION, LLC, Appraisal Management Company, and JONATHAN TALLINGER, controlling person for Class Valuation, Birmingham, Michigan, Respondents.  In a stipulated order dated September 23, 2020, Respondents admitted that they did not pay an appraiser's fee within 45 days of completion of the appraisal assignment which is a violation of Utah Administrative Code.  Respondents agreed to pay a civil penalty of $1,000.  Docket numbers AP-20-2020-003 and AP-2020-004, and Case number AP-18-104983

MORTGAGE

HANCOCK, LANCE LOUIS, mortgage loan originator, Eagle Mountain, Utah.  In a stipulated order dated December 29, 2020, Mr. Hancock admitted that he falsified and forged a homeowner's insurance policy quote used in a residential mortgage transaction.  One result of Mr. Hancock's actions resulted in both the borrower and the lender not being protected by homeowner's insurance for two days after closing the loan.  Mr. Hancock also used "cut and paste" techniques to duplicate borrower's signature for several other documents used in processing the loan, without borrower's knowledge or consent.  Mr. Hancock agreed that his mortgage loan originator license be immediately revoked, which action constitutes a lifetime ban on his ability to qualify for licensure as a mortgage loan originator.  Case number MG-17-94151

SWINDER, JIMMY, unlicensed, Reseda, California.  In a stipulated order dated November 4, 2020, Mr. Swinder admitted that although he was admitted to the California State Bar he has never been a member of the Utah State Bar nor has he ever been licensed in Utah to engage in the business of residential mortgage loans.  Mr. Swinder admitted that he entered into an agreement with a Utah resident to pursue a home loan modification and charged the borrower a fee before obtaining the modification in violation of Utah law.  Mr. Swinder never did obtain a loan modification for the borrower.  Mr. Swinder agreed to pay a civil penalty of $10,000.  The civil penalty may be reduced to $3,400 if Mr. Swinder pays the borrower restitution in the amount of $3,600 within 90 days of the order.  Case number MG-17-88594

WILSON, CHRISTOPHER HAROLD, mortgage loan originator, Fairfax, Virginia.  In the Third Quarter Newsletter, it was announced that Mr. Wilson’s application for temporary authority to originate loans in Utah was denied.  It has since been determined that Mr. Wilson had indeed qualified for licensure.  In a corrected order dated October 21, 2020, the order denying Mr. Wilson’s temporary authority to originate loans was vacated and Mr. Wilson was granted a mortgage loan originator license.  Case number MG-20-120976

REAL ESTATE

BARAGAN, ALAN H., sales agent, Springville, Utah.  In an order dated October 27, 2020, Mr. Baragan's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-122472

BARNEY, BROOKE, sales agent, St. George, Utah. In an order dated November 10, 2020, Ms. Barney's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-122805

BRUGGEMAN, JERRY HAL, sales agent, Draper, Utah.  In an order dated November 4, 2020, Mr. Bruggeman's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-122676

CHAPPLE, NICOLE, sales agent, Heber, Utah.  In an order dated October 2, 2020, Ms. Chapple's license was reinstated and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-20-121976

CHENEY, ABIGALE LYNN, sales agent, Sunset, Utah.  In an order dated September 21, 2020, Ms. Cheney'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-20-121585

CHRISTIAN, KENNETH, sales agent, Layton, Utah.  In an order dated November 30, 2020, Mr. Christian's license was granted and immediately suspended for 30 days and will then be placed on probation for the remainder of the initial licensing period due to his failure to disclose his criminal history in his application for licensure.  Case number RE-20-123125

CLASEN, MICHAEL LEE, sales agent, Salt Lake City, Utah.  In a stipulated order dated October 21, 2020, Mr. Clasen admitted that he failed to disclose a plea in abeyance agreement and a criminal conviction in his application for licensure.  Mr. Clasen agreed to pay a civil penalty of $1,000.  The penalty includes $500 for each of the two questions in his application to which his answers misrepresented his criminal history.  Case number RE-20-122035

CLAWSON, KILE RAY, sales agent, Salt Lake City, Utah.  In an order dated November 10, 2020, Mr. Clawson's license was renewed and placed on probation for one year due to a plea in abeyance agreement in a criminal matter.  Case number RE-20-122794

CLINE, EARL L., principal broker, Taylorsville, Utah.  In an order dated October 2, 2020, Mr. Cline's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-20-121966

COOPER, SARAH CATHERINE, sales agent, South Jordan, Utah. In an order dated September 1, 2020, Ms. Cooper's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-121210

DANIELS, LACY RENEE, sales agent, South Ogden, Utah.  In an order dated November 30, 2020, Ms. Daniels's license was granted and immediately suspended for 30 days and will then be placed on probation for the remainder of the initial licensing period due to her failure to disclose her criminal history in her application for licensure.  Case number RE-20-123121

DAY, ALAYNA DALE, sales agent, Bountiful, Utah.  In an order dated October 28, 2020, Ms. Day'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-20-122523

FRANCHISE REAL ESTATE, LLC, a licensed real estate company in Minnesota ("FRE").  In a stipulated order dated September 16, 2020, FRE admitted that it entered into an exclusive written representation agreement with a franchise tenant and represented that tenant in locating a commercial site for a franchise in Utah without FRE being licensed in Utah and without entering into a written co-broker agreement with a brokerage licensed in Utah.  FRE admits that its actions violate Utah licensing law and administrative rules.  FRE agreed to pay a civil penalty of $14,993.44 and that it would not engage in activities requiring a Utah real estate license without being properly registered or licensed by the Division.  Docket number RE-2020-008 and Case number RE-19-113915

GONGORA, EDUARDO, sales agent, Layton, Utah.  In an order dated November 5, 2020, Mr. Gongora's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-122683

HOWES, JAYCE N., sales agent, Syracuse, Utah.  In an order dated November 20, 2020, Mr. Howes'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-20-122975

JEPPSEN, ZACHARY DAVIS, sales agent, Kaysville, Utah.  In an order dated September 15, 2020, Mr. Jeppsen's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-121464

JONES, MELISSA A., sales agent, Herriman, Utah.  In an order dated October 30, 2020, Ms. Jones's license was reinstated and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-20-122559

JONES, MICHAEL D., sales agent, Riverdale, Utah.  In an order dated November 20, 2020, Mr. Jones's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-122976

KEITER, KELLY MARIE, sales agent, Lehi, Utah.  In an order dated November 2, 2020, Ms. Keiter's license was renewed 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-20-122587

KUNZ, CANDICE, sales agent, Pleasant View, Utah.  In a stipulated order dated November 21, 2020, Ms. Kunz admitted that she knew of a boundary dispute on a property for which she was the listing agent but she did not produce any evidence of having disclosed the boundary dispute to the buyers' agent.  Ms. Kunz's actions were a breach of her fiduciary duties to her client and were in violation of Utah administrative rules.  Ms. Kunz agreed to pay a civil penalty of $6,000 and to complete three hours of continuing education on the topic of Utah law in addition to the continuing education required for her next license renewal.  Case number RE-17-95281

LARSON, KRISTOPHER, sales agent, St. George, Utah.  On October 27, 2020, the Division issued a citation to Mr. Larson for publishing a number of video advertisements on youtube which did not include his brokerage information in violation of Utah Administrative rules.  The citation assessed a fine in the amount of $500.  Citation #DREC-20-15 and case number RE-20-117987

LUNT, JACKSON, sales agent, Logan, Utah.  In an order dated September 1, 2020, Mr. Lunt's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-121208

LUNT, LEXIE L., principal broker, South Ogden, Utah.  In an order dated September 1, 2020, Ms. Lunt's license was reinstated and placed on probation due to a pending criminal matter.  Case number RE-20-121213

MOA, BENJAMIN JOHN, sales agent, North Ogden, Utah.  In an order dated September 1, 2020, Mr. Moa's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-121211

MORENO, GERARDO, sales agent, Vineyard, Utah.  In an order dated November 3, 2020, Mr. Moreno's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-122611

MOWER, LAURIE F., sales agent, South Jordan, Utah.  In an order dated October 2, 2020, Ms. Mower's license was renewed on probation due to criminal conduct during the past licensing period.  In addition, Ms. Mower is required to notify the Division within ten business days of the disposition of a separate pending criminal matter.  Case number RE-20-121967

MURIE, BRET R., dual broker and principal broker, Cedar City, Utah.  In an order dated August 3, 2020, the Commission found that Mr. Murie violated Utah law by failing to maintain and safeguard trust account records either physically at the principal business location designated by the principal broker or electronically in a storage system in compliance with Utah law; failing to exercise reasonable supervision over licensed and unlicensed staff of the brokerage; failing to be personally responsible for deposits held in the trust account; failing to keep and make available for inspection by the Division a record of each transaction, failing to personally reconcile trust account records at least monthly; and breaching his fiduciary duty by delegating full responsibility for managing the company's trust account to his son, Landon Murie, a newly licensed sales agent.  Mr. Landon Murie misused at least $140,000 from the brokerage trust account and committed other violations of law while acting as a sales agent.  Mitigating factors in the case include that Mr. Murie's son, Landon Murie, intentionally deceived his father, and that Mr. Bret Murie cooperated with both the Division's investigation of the complaints against his son and also with the criminal investigation of his son.  Mr. Bret Murie was ordered to pay a civil penalty of $10,000 with a credit in reduction of the amount of the penalty for any payments he makes in restitution to clients who lost money in the matter.  In addition, Mr. Bret Murie's principal broker's license was revoked and he was granted a sales agent license, which license will be on probation for two years.  Case number RE-18-99695 and docket number RE-2020-003

MURIE, LANDON BRET, sales agent, Orem, Utah.  In an order dated July 27, 2020, the Commission found that Mr. Landon Murie violated numerous Utah laws including breach of a fiduciary duty to at least seven property owners; using client trust funds for his personal benefit; misusing at least $140,000 from the brokerage trust account; falsifying trust account documents; failing to account for or remit money that belongs to another person; comingling trust money with his own money; being incompetent to act as a sales agent in such a manner as to safeguard the interests of the public; continuing a flagrant course of misrepresentation; and failing to respond to a request by the Division in an investigation within ten days.  Mr. Landon Murie was ordered to pay a civil penalty of $140,000 with a credit in reduction of the amount of the penalty for any payments he makes in restitution to clients harmed by his conduct as approved by the Division.  Case numbers RE-218-99698, RE-18-99699, RE-18-99711, RE-18-99967, RE-18-99947, RE-18-99946, RE-18-99694, and RE-18-105276. Docket No. RE-2020-001

MURRAY, CASSANDRA MARIE, sales agent, Murray, Utah.  In an order dated October 30, 2020, Ms. Murray's license was granted and immediately suspended for 30 days and will then be placed on probation for the remainder of the initial licensing period due to her failure to disclose a plea in abeyance agreement in a criminal matter.  Case number RE-20-122555

MURRAY, JOCELYN LEE, sales agent, Provo, Utah.  In an order dated September 15, 2020, Ms. Murray's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-121475

PATTEE, JANE H., sales agent, Park City, Utah.  In an order dated November 24, 2020, Ms. Pattee's license was renewed and placed on probation due to a pending criminal matter.  Case number RE-20-123036

REES, REBECCA ELISABETH, sales agent, Bluffdale, Utah.  In an order dated November 3, 2020, Ms. Rees's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-20-122622

LENNON, ASHLEY M., sales agent, Sandy, Utah.  In an order dated November 3, 2020, Ms. Lennon's license was renewed and placed on probation for the pendency of two criminal cases occurring during the past licensing period.  Case number RE-20-122632

STELLING, JESSICA, sales agent, Herriman, Utah.  In an order dated October 2, 2020, Ms. Stelling's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-20-121971

TABBAL, TORY, sales agent, South Jordan, Utah.  In an order dated November 25, 2020, Mr. Tabbal'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-20-123082

TAYLOR, JUSTIN C., sales agent, Logan, Utah. In an order dated November 3, 2020, Mr. Taylor's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period.  Case number RE-20-122612

TERRY, JENNIFER, sales agent, Sandy, Utah.  On October 26, 2020, the Division issued a citation to Ms. Terry for failing to include her brokerage information in her social media advertisement.  The citation assessed a fine in the amount of $150.  Citation #DREC-20-14 and case number RE-20-121451

WATHEN, ERIN, sales agent, Holladay, Utah. A stipulated order is dated September 16, 2020.  Ms. Wathen represented a seller in a transaction in which the seller desired to rent back the property after closing.  The buyer was not represented in the transaction.  Negotiations for the rent-back option were unsuccessful.  Ms. Wathen then entered into a memorandum of understanding with the buyer that would have allowed the seller to remain in the property for up to three days after closing with Ms. Wathen personally responsible for paying the rental cost for three days.  She asked that the buyers not inform the seller of this agreement.  The seller moved out of the property immediately upon closing and no rent-back option was necessary.  Ms. Wathen admits that she failed to use an approved addendum form to modify the purchase contract and that she failed to disclose a material fact about the transaction to her client when she entered into an agreement directly with buyers without seller's knowledge or consent and by asking that buyers not inform seller about the agreement.  Ms. Wathen's actions were in violation of Utah law.  She agreed to pay a civil penalty of $1,500 and to complete three hours of continuing education on the topic of Utah law in addition to the continuing education required for her next license renewal.  Case number RE-19-112632

WILDE, SARAH, sales agent, Ogden, Utah.  In an order dated October 22, 2020, Ms. Wilde's license was granted and placed on probation for the initial licensing period due a plea in abeyance agreement in a criminal matter.  Case number RE-20-122365

WEBB, BRANDON JAMES, sales agent, Salt Lake City, Utah.  In an order dated September 16, 2020, Mr. Webb's license was reinstated and placed on probation for one year due to criminal conduct during the past licensing period.  Case number RE-20-121517

ZUNDEL, CHRISTIAN, sales agent, Salt Lake City, Utah.  In an order dated September 22, 2020, Mr. Zundel's license was granted and placed on probation for the initial licensing period due to criminal history.  Case number RE-20-121629

TIMESHARE

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

arrow_upward BACK TO TOP arrow_upward

---

Kagie's Korner

Electronic Transfers of Earnest Money

Whether it's Venmo, Apple Pay, or PayPal, brokers and agents should be aware of what is allowed and what the risks are when allowing clients to submit earnest money through money transfer applications.

The statute and rules are silent on how earnest money can be transferred from the buyer to the brokerage.  The statute and rules only reference that funds should be submitted timely and all funds be accounted for: §61-2f-401(4) and R162-2f-401a(1)(f).

The biggest challenges with using third party applications to collect earnest money is verifying the funds have been seasoned to the lenders satisfaction and providing acceptable documentation.

If a broker is going to allow their agents to accept earnest money via third parties, the Division suggests the funds go directly to the brokerage's account rather than being transferred first to the agent and then the brokerage.  If the funds remain in the agent's account for some reason, this could result in a violation of the statute and rules.

Brokers Best Practices:

• Educate your clients and agents on the risks of using third party applications
• Require that funds are directly submitted to the brokerage's account
• Document and account for all funds received

arrow_upward BACK TO TOP arrow_upward

---

Craig Morley Appointed to Appraisal Standards Board

The Division would like to congratulate Craig Morley for being selected as a member of the Appraisal Standards Board.  Craig is a former Chair of the Utah Appraiser Board.  We are thrilled at his addition to the Standards Board and look forward to see the changes to appraisal standards with his input.

arrow_upward BACK TO TOP arrow_upward

---

Instructor Development Workshop Recap

Cheryl Knowlton — Energized — Animated — Engaging

In late October, the Division held its 27th annual Instructor Development Workshop (IDW) with over 80 prelicense and continuing education instructor participants.  This annual event was unique due to the existence of COVID-19 and associated concerns regarding social distancing requirements.  Rather than meeting in person, the presentations were all given through Zoom.  Different instructional methods were demonstrated via this relatively new presentation method.

Presentations by Division Staff members: Jonathan Stewart (Director of the Division of Real Estate), Mark Fagergren (Licensing & Education), and Kadee Wright (Chief Investigator) occurred during the morning session of the first day.

The remaining day and a half was filled with a highly effective and amazing presentation by Cheryl Knowlton.  The many features of the virtual training platform were demonstrated.  Virtual breakout groups and chat conversations resulted in outstanding interactivity between all participants in the two-day course.  Features utilized in the instructor development course enlightened participants on how virtual training can in some ways be just as engaging and effective as live training courses.

The Division wishes to thank Ms. Knowlton for her outstanding workshop training and the attending instructors who benefitted from learning new techniques and skills to enhance their own prelicense and continuing education courses.

arrow_upward BACK TO TOP arrow_upward

---

Credits

arrow_upward BACK TO TOP arrow_upward