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VIRGINIA REAL ESTATE BOARD

                                  VREB SPEAKING
www.dpor.virginia.gov                                                                                       Spring 2012

  Message from the Chair            The article on page 4 summarizes            Virginia Real Estate Board
                                    2012 General Assembly legislation           Perimeter Center, Suite 400
                                    affecting the Real Estate Board and
                                    its licensees. HB 206 was probably          9960 Mayland Drive
                                    the most important real estate-related      Richmond, VA 23233
                                    bill as it includes a number of             804-367-8526
                                    provisions that will affect brokers and
                                    salespersons.                               Robert F. McDonnell
                                                                                Governor
                                    One article on page 5 describes the
                                    three-hour Residential Standard             James S. Cheng
                                    Agency (RSA) course that will help          Secretary, Commerce & Trade
                                    licensees better understand the new
                                    real estate agency laws that go into
                                    effect on July 1, 2012.
                                                                                      INSIDE THIS ISSUE
                                    Although some licensees may have
                                    up to two years after this date to
                                    complete the RSA course, I strongly
                                    advise you to take this course as                                                PAGE
     Clifford L. Wells              soon as possible so that you                Board Members & Staff                      2
                                    understand the changes in law. New
The short days of winter have       rules affecting dual agency and             Board Contact Information                  2
been replaced by longer and         enhanced disclosures will apply to
warmer spring days. Just as         many real estate transactions. You          Fair Housing Month Proclamation            3
seasons turn, I trust the real      will be responsible for conducting
                                    your practice according to law, so do       2012 General Assembly Update               4
estate market and economy are
turning toward recovery, growth     take care to ensure you understand          Post License Education Changes             5
and prosperity.                     the new agency laws.
                                                                                Residential Standard Agency Course         5
We celebrated the 40th              A second article on page 5 provides
anniversary of the passage of the   information on the Board’s January          Recent Disciplinary Actions               6-9
Virginia Fair Housing Law in        26, 2012, decision approving a new
                                    30-hour post license education (PLE)        New CIC Manager Regulations               10
April. Each issue of VREB
Speaking during 2012 will focus     curriculum for new salespersons.
                                                                                Fair Housing Cases                        10
on a different aspect of the        The new PLE curriculum will go into
importance of Fair Housing in       effect no later than January 1, 2014,
Virginia. This issue highlights     and the current three-track PLE
Governor Bob McDonnell’s            curriculum will be phased out.                 2012 Meeting Dates
commemorating this important
milestone by proclaiming April      The Board’s disciplinary actions from              May 22, 2012
2012 as “Fair Housing Month”        its January and March 2012
across the Commonwealth. The        meetings are listed on pages 6                     July 12, 2012
Governor’s Proclamation is          through 9. Escrow violations                     September 6, 2012
reproduced on page 3 of this        continue to make up a significant
                                    number of the Board’s disciplinary
                                                                                     November 29, 2012
newsletter, and I encourage you
to read it carefully.               actions. Licensees may find it helpful        All meetings are held at the above
                                                        (Continued on page 9)     address at the Perimeter Center.
Page 2                       VREB SPEAKING                      www.dpor.virginia.gov


         BOARD MEMBERS                            DPOR Staff
Clifford L. Wells, Chairman          Gordon Dixon, Director
Virginia Beach                       Mark Courtney, Deputy Director
Licensee Member                       Licensing & Regulation Division
Four-year term ends on 6/30/13       Nick Christner, Deputy Director
                                       Compliance & Investigations Division
Judith L. Childress, Vice Chair      Steven Arthur, Deputy Director
Martinsville                           Administration & Finance Division
Licensee Member
                                     Lizbeth Hayes, Director
Four-year term ends on 6/30/12         Fair Housing Office
Nathaniel Brown
Charlottesville
Citizen Member
Four-year term ends on 6/30/12

Carol F. Clarke
Charlottesville
Licensee Member
Four-year term ends on 6/30/12

Anh Tu Do
Annandale                                    Real Estate Board Staff
Licensee Member                      Christine Martine
Four-year term ends on 6/30/15       Executive Director
                                     Kevin Hoeft
Sandra Ferebee                       Education Administrator
Norfolk                              Jeffrey Williams
Licensee Member                      Board Administrator
Four-year term ends on 6/30/14
                                     Emily Trent
                                     Administrative Assistant
Joseph Funkhouser, II
Harrisonburg
Licensee Member                        Board Contact Information
Four-year term ends on 6/30/14       Executive Director - 804-367-8552
                                     Licensing Section - 804-367-8526
Sharon Parker Johnson                Education Section - 804-367-2406
South Hill                           Fax Number - 866-350-7849
Licensee Member                      E-mail - REBoard@dpor.virginia.gov
Four-year term ends on 6/30/12       Internet - www.dpor.virginia.gov
                                     DPOR Main Number - 804-367-8500
                                     Complaints Section - 804-367-8504
Page 3   VREB SPEAKING   www.dpor.virginia.gov
Page 4                                     VREB SPEAKING                        www.dpor.virginia.gov


          2012 General Assembly Update
   New Laws Affecting the Virginia Real Estate Board
The 2012 General Assembly Session considered
2,876 bills and resolutions during its 60-day
session. Below are descriptions of Real Estate
Board-related bills enacted by the legislature and
signed by the governor. To view the full text of the
new laws, visit the Legislative Information System
online at http://lis.virginia.gov and search by bill
number.

HB 206, requested by the Virginia Association of
REALTORS®, directs the Board to develop
regulations allowing licensees to carry over continuing education credits to another renewal
cycle. The new law also gives the Board discretionary authority to establish criteria setting
forth what type of work unlicensed employees of real estate licensees may perform without
triggering the necessity for a license.

In addition, HB 206 imposes a mandatory self-audit provision for brokerage firms and sole
proprietorships every two years—but that provision does not become effective until January 1,
2013. This bill also sets out the duties of supervising brokers.

Other bills of interest, although not specific to the Real Estate Board, include:

HB 210: Requires the Real Estate Appraiser Board to establish a licensure program for
Appraisal Management Companies (AMCs) beginning July 1, 2014. The Dodd-Frank Reform
Act enacted by Congress requires all state real estate appraiser boards to regulate AMCs.

HB 337: DPOR-requested legislation to strengthen the ability of regulatory boards to take
legal action against exam imposters and others who obtain licenses fraudulently.

HB 609: Requires anyone regulated by a board at DPOR to present proof of licensure to
customers/prospects upon request.

HB 937: Directs regulatory boards to establish procedures for expediting license applications
from military spouses who hold similar credentials from another jurisdiction. DPOR already
manually expedites license applications from military spouses whenever possible within the
constraints of law and regulation. If approval for licensure will take longer than 30 days,
beginning in 2014, this new law will require boards to issue temporary licenses to allow military
spouse applicants to work while completing state-specific requirements.

HB 938: Mandates regulatory boards accept military training, education, or experience that is
substantially equivalent to that required by law or regulation. DPOR already accepts
substantially equivalent military training, education, or experience, and also extends the
timeframe to meet license renewal requirements for active-duty military personnel and their
spouses.
Page 5                                         VREB SPEAKING                             www.dpor.virginia.gov


 Board Approves Post License Education Program Changes
At its January 26, 2012, meeting, the Real Estate Board (Board) approved the January 18, 2012, “Real
Estate Board Advisory Council Report,” which will establish a new 30-hour post license education (PLE)
curriculum for new real estate salesperson licensees. The new PLE curriculum will consist of the
following eight courses: 1) Fair Housing, Americans with Disabilities Act and the Civil Rights Act of 1866
- 2 hours; 2) Real Estate Law and Board Regulations - 8 hours; 3) Ethics and Standards of Conduct - 3
hours; 4) Current Industry Issues and Trends - 2 hours; 5) Virginia Agency Law - 3 hours; 6) Contract
Writing - 6 hours; 7) Risk Management - 3 hours; and 8) Escrow Requirements - 3 hours.
The Board has not set a specific start date for the new PLE curriculum, but it will go into effect no later
than January 1, 2014. The Board is in the process of having its entire information system upgraded as
part of the overall DPOR information system upgrade, so the implementation of the new PLE
curriculum, along with the phase out of the current PLE curriculum, must be coordinated with this
information system upgrade.
The January 18, 2012, “Real Estate Board Advisory Council Report” can be viewed on the Board’s
website at: http://www.dpor.virginia.gov/dporweb/Real%20Estate%20Board%20Advisory%20Council%
202012%20Report.pdf

For background information on the Real Estate Board Advisory Council’s 2011 meetings, please review
the “2011 Real Estate Advisory Council Meetings Update” article on page 3 of the Winter 2011 issue of
VREB Speaking, which can be accessed on the Board’s website at: http://www.dpor.virginia.gov/
dporweb/VREB_Speaking_Winter_2011.pdf

Residential Standard Agency Course Requirement
The Virginia General Assembly enacted legislation significantly amending residential agency law, and
these changes go into effect on July 1, 2012. All active licensees who renew or reinstate an active
salesperson or broker license, and all inactive licensees who activate an inactive salesperson or broker
license from July 1, 2012, through June 30, 2014, must complete a Real Estate Board-approved three-
hour course in Residential Standard Agency (RSA) to become familiar with these changes (Section 54.1
-2105.03.A.3 of the Code of Virginia). The three-hour RSA course is required to renew all active
salesperson and broker licenses that expire beginning with the July 31, 2012, expiration date and
ending with the June 30, 2014, expiration date.
Completion of the RSA course is a one-time only education requirement. The three-hour RSA course is
in addition to the required 24 hours of continuing education for brokers, the required 16 hours of
continuing education for salespersons who have renewed their license at least one time previously, or
the required 30 hours of post license education for new salespersons. A list of approved RSA courses
is on the Board’s website at: http://www.dpor.virginia.gov/dporweb/reb_rsa_course_report.pdf
Active licensees who do not practice residential real estate and will not do so during the current
licensing term are not required to complete the three-hour RSA course. HOWEVER, in order to have
the three-hour RSA course requirement waived, these active licensees must submit an original
notarized affidavit to the Board certifying they do not practice residential real estate and shall not do so
during the current licensing term. For more information on this, the Residential Standard Agency
Continuing Education Course Waiver Notarized Affidavit Form is on the Board’s website at: http://
www.dpor.virginia.gov/dporweb/res_waiver_form.pdf At its May 22, 2012, meeting the Board
determined that any active licensee whose license is affiliated with a referral company practices
residential real estate and, therefore, must complete the three-hour RSA course.
A “Residential Standard Agency Course Requirement Notice” letter was mailed to all brokers and
salespersons in April informing them of this course requirement. Please contact the Board’s Education
Section at 804-367-2406 or reschool@dpor.virginia.gov with any questions about the RSA course.
Page 6                                         VREB SPEAKING                           www.dpor.virginia.gov




                              DISCIPLINARY ACTIONS
The Real Estate Board (the Board) licenses or certifies real estate salespersons, brokers, firms,
proprietary schools and pre-license instructors. If a complaint is filed against a licensee who is subject
to the laws and regulations of the Board, the complaint is reviewed by the Compliance and
Investigations Division (CID) of DPOR to determine if a violation of these laws or regulations may have
occurred. If there is probable cause of a violation, an investigation is initiated. If the investigation
reveals that one or more violations may have occurred, the licensee receives notice to appear at an
informal fact-finding conference (IFF) to address these alleged violations.
In some cases the licensee may be offered a pre-IFF Consent Order. A Consent Order is an agreement
between the licensee and the Board consisting of specific violations and sanctions. Pre-IFF Consent
Orders eliminate the time and expense associated with conducting an IFF.
If an IFF is held, a recommendation from the IFF hearing officer consisting of proposed violations and
sanctions is submitted to the Board for consideration at its next meeting. The Board can take the
following disciplinary actions against a licensee: assess a monetary penalty; suspend or revoke a
license; place an individual on probation; require additional education; or deny renewal. A licensee can
continue to practice throughout the disciplinary process until the Board either revokes or suspends his
license.
THE FOLLOWING DISCIPLINARY ACTIONS RENDERED BY THE BOARD AT ITS JANUARY and
MARCH 2012 MEETINGS CAN BE VIEWED AT: www.dpor.virginia.gov. Click on “License
Lookup.” Then click on “Search Disciplinary Actions Occurring since April 1, 2002.” Then
enter the Case Number in the blank “Search” box. Then click on the “Search” button. Then
click on the highlighted “File Number.” The Order and Report of Findings for that case will
appear.
Case Number     Licensee                   Violations & Sanctions
2011-03309      Richard L. Joyeusaz       18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts)
                McLean, VA                License Revocation
2011-02846      Gunther A. Viscarra       18 VAC 135-20-170—Maintenance of Licenses
                Manassas, VA              $500 Monetary Penalty, License Revocation
2011-03182      Ivan M. Parada            18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
                Lorton, VA                18 VAC 135-20-260 - Unworthiness & Incompetence
                                          $1000 Monetary Penalty, 8 hours Continuing Education, License
                                          Probation and Quarterly Reporting to the Board for One Year
2011-01514      Peter Tang Tang           18 VAC 135-20-240 - Provision of Records to the Board
                Bristow, VA               18 VAC 135-20-260 - Unworthiness & Incompetence (2 Counts)
                                          $6000 Monetary Penalty, License Revocation
2011-03987      Peter Tang Tang           18 VAC 135-20-250 - Response to Inquiry of the Board
                Bristow, VA               $1000 Monetary Penalty, License Revocation

2011-02715      Ann W. High               18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts)
                Clifton, VA               $2500 Monetary Penalty, License Revocation
2011-04216      Christine A. Nielsen      18 VAC 135-20-310 - Delivery of Instruments
                Stafford, VA              $150 Board Costs, 3 hours Continuing Education

2011-04996      Theodoros G. Priftis      18 VAC 135-20-290 - Improper Dealing
                Alexandria, VA            $150 Board Costs, 4 hours Continuing Education

2012-00831      Leanne Moore, t/a Dymond Title 54.1, Chapter 21 of the Code of Virginia
                Property Management      Cease and Desist from Acting as an Unlicensed Real Estate Broker
                Ruther Glen, VA          or Salesperson
Page 7                                    VREB SPEAKING                             www.dpor.virginia.gov




                   DISCIPLINARY ACTIONS (Cont.)
Case Number   Licensee                Violations & Sanctions
2011-04577    John D. Samson         18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (3 counts)
              Herndon, VA            18 VAC 135-20-260 - Unworthiness & Incompetence
                                     $3900 Monetary Penalty, $150 Board Costs, 8 hours Continuing
                                     Education, Submit Results to the Board of CPA Audit of the Financial
                                     Records and Escrow Account(s) of Samson Companies, LLC, t/a
                                     Samson Properties by April 30, 2012, Quarterly Reporting to the
                                     Board for 2 Years and will not apply to be Principal Broker or Hold
                                     Signatory Authority on any Firm’s Escrow Account for 2 Years
2011-04873    Matthew P. White       18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts)
              Huddleston, VA         18 VAC 135-20-185 - Maintenance & Management Financial Records
                                     18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts)
                                     §54.1-2133.A.4 - Failure to Exercise Ordinary Care when Engaged by
                                     Landlords to Lease Property
                                     $7950 Monetary Penalty (Waived by Board), $150 Board Costs,
                                     License Revocation
2012-00092    Tammy Y. Finch         18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts)
              Richmond, VA           18 VAC 135-20-185 - Maint. & Manage. Financial Records (3 counts)
                                     18 VAC 135-20-260 - Unworthiness & Incompetence
                                     $3950 Monetary Penalty, $150 Board Costs, 8 hours Continuing
                                     Education, License Revocation
2011-05079    Cecelia A. Mahan       18 VAC 135-20-260 - Unworthiness & Incompetence
              Leesburg, VA           18-VAC 135-20-310 - Delivery of Instruments
                                     $1850 Monetary Penalty, $150 Board Costs, 8 hours Cont. Education
2012-00163    Cynthia L. Stevens     18 VAC 135-20-185 - Maintenance & Management Financial Records
              Mechanicsville, VA     18 VAC 135-20-240 - Provision of Records to the Board
                                     18 VAC 135-20-250 - Response to Inquiry of the Board
                                     18 VAC 135-20-260 - Unworthiness & Incompetence
                                     $7250 Monetary Penalty, License Revocation
2012-00104    Hyun D. Lee            18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Chantilly, VA          18 VAC 135-20-310 - Delivery of Instruments
                                     $1100 Monetary Penalty, $150 Board Costs, 8 hours Cont. Education
2011-04663    Robi G. Kline          18 VAC 135-20-260 - Unworthiness & Incompetence
              Swoope, VA             $1250 Monetary Penalty, $150 Board Costs, 12 hours Continuing
                                     Education
2011-04963    Alan K. Price          18 VAC 135-20-260 - Unworthiness & Incompetence
              Virginia Beach, VA     $350 Monetary Penalty, $150 Board Costs, 3 hours Cont. Education
2011-04540    Kevin J. Lee           18 VAC 135-20-260 - Unworthiness & Incompetence
              Haymarket, VA          18 VAC 135-20-330 - Principal and Supervising Broker’s
                                     Responsibility for Acts of Licensees and Employees
                                     $2900 Monetary Penalty, $150 Board Costs, Broker License
                                     Revocation with Salesperson License Issued, Will Complete Broker
                                     Pre-license Education Requirement if Applies for a Broker License,
                                     Will Work with Fairfax Realty, Inc. Management to Evaluate the Firm’s
                                     Supervisory Brokerage Policies for its Agents
2012-00793    Shawnte L. Grant       18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Suffolk, VA            $500 Monetary Penalty, $150 Board Costs

2011-05013    Janice W. Grenadier   § 54.1-2112 et seq - Virginia Real Estate Transaction Recovery Act
              Alexandria, VA        Claim approved for $16,979.77, License Revocation
Page 8                                   VREB SPEAKING                              www.dpor.virginia.gov




                   DISCIPLINARY ACTIONS (Cont.)
Case Number   Licensee                Violations & Sanctions
2011-04954    Kevin J. Lee            18 VAC 135-20-260 - Unworthiness & Incompetence
              Haymarket, VA           18 VAC 135-20-330 - Principal and Supervising Broker’s
                                      Responsibility for Acts of Licensees and Employees
                                      $150 Board Costs, 6 Hours Continuing Education, Broker License
                                      Revocation with Salesperson License Issued, Will Complete Broker
                                      Pre-license Education Requirement if Applies for a Broker License, Will
                                      Work with Fairfax Realty, Inc. Management to Evaluate the Firm’s
                                      Supervisory Brokerage Policies for its Agents
2011-04576    Rana Hmaidan            18 VAC 135-20-260 - Unworthiness & Incompetence
              Ashburn, VA             18 VAC 135-20-300 - Misrepresentation/Omission
                                      18 VAC 135-20-310 - Delivery of Instruments
                                      $2000 Monetary Penalty, $150 Board Costs, 4 hours Continuing
                                      Education, Quarterly Reporting to the Board
2011-04366    Lee A. Shelton-Matthews 18 VAC 135-20-260 - Unworthiness & Incompetence
              Suffolk, VA             $500 Monetary Penalty, License Probation until Complete 3 hours
                                      Continuing Education
2011-01724    Donald A. Herrington    18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts)
              Stafford, VA            License Revocation
2011-02072    Donald A. Herrington    18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts)
              Stafford, VA            License Revocation
2012-00296    Lester D. Smathers      18 VAC 135-20-260 - Unworthiness & Incompetence
              Colonial Heights, VA    License Revocation
2011-01461    Patricia A. Holman      18 VAC 135-20-260 - Unworthiness & Incompetence
              Chesapeake, VA          18 VAC 135-20-300 - Misrepresentation/Omission
                                      $2250 Monetary Penalty (Waived unless Applies for and is Granted a
                                      Virginia Real Estate License in the Future), $150 Board Costs, 9 hours
                                      Continuing Education, License Revocation
2012-00685    Bonnie J. Rothschild    18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Virginia Beach, VA      18 VAC 135-20-310 - Delivery of Instruments

2012-00428    Sarah C. Gordon         18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts)
              Ruther Glen, VA         18 VAC 135-20-260 - Unworthiness & Incompetence
                                      18 VAC 135-20-310 - Delivery of Instruments
                                      $1950 Monetary Penalty, $150 Board Costs, 16 hours Continuing
                                      Education, Broker License Surrender with Salesperson License Issued
2012-00628    Sarah C. Gordon         18 VAC 135-20-310 - Delivery of Instruments
              Ruther Glen, VA         $600 Monetary Penalty, $150 Board Costs, 3 hours Cont. Education
2012-00323    Pamela M. Toth          18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
              Chesapeake, VA          18 VAC 135-20-310 - Delivery of Instruments
                                      $150 Board Costs, 3 hours Continuing Education
2011-02645    Orlando W. Pacheco      18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts)
              Chantilly, VA           18 VAC 135-20-260 - Unworthiness & Incompetence
                                      $2500 Monetary Penalty, 9 hours Cont. Education, License Revocation
2012-00026    David W. Lyne           18 VAC 135-20-300 - Misrepresentation/Omission
              Stephens City, VA       $150 Board Costs, 3 hours Continuing Education

2011-04948    Terri F. Davidson       § 54.1-2112 et seq - Virginia Real Estate Transaction Recovery Act
              Portsmouth, VA          Claim approved for $20,000, License Revocation
Page 9                                          VREB SPEAKING                               www.dpor.virginia.gov




                          DISCIPLINARY ACTIONS (Cont.)
Case Number         Licensee                  Violations & Sanctions
2012-00027          Ernie E. Jackson         18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
                    Hillsville, VA           $150 Board Costs, 3 hours Continuing Education

2012-00170          Usen S. Udodong          18 VAC 135-20-260 - Unworthiness & Incompetence
                    Silver Spring, MD        $1150 Monetary Penalty, $150 Board Costs, 6 hours Continuing
                                             Education, Quarterly Reporting to the Board for Two Years
2012-00182          Ging-Hwang F. Tsoa       18 VAC 135-20-310 - Delivery of Instruments
                    Ashburn, VA              §54.1-2132.A.4 - Failure to Exercise Ordinary Care
                                             $1000 Monetary Penalty, $150 Board Costs, 8 hours Continuing
                                             Education
2012-00008          Colleen A. Starr         18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
                    Williamsburg, VA         $250 Monetary Penalty, $150 Board Costs
2011-04358          Jaimie G. Hess           18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
                    Cedar Bluff, VA          §54.1-2132.A.4 - Failure to Exercise Ordinary Care
                                             $1300 Monetary Penalty, $150 Board Costs, 3 hours Continuing
                                             Education
2011-04359          Vickie L. England        18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
                    Richland, VA             §54.1-2132.A.4 - Failure to Exercise Ordinary Care
                                             $1300 Monetary Penalty, $150 Board Costs, 3 hours Continuing
                                             Education

2010-04336          Regis A. Gehin-Chireix   18 VAC 135-20-180 - Maintenance & Management Escrow Accounts
                    Fairfax, VA              18 VAC 135-20-185 - Maintenance & Management Financial Records
                                             18 VAC 135-20-210 - Disclosure of Interest
                                             18 VAC 135-20-260 - Unworthiness & Incompetence (3 counts)
                                             18 VAC 135-20-300 - Misrepresentation/Omission
                                             18 VAC 135-20-310 - Delivery of Instruments
                                             License Revocation

2011-03668          Regis A. Gehin-Chireix   18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts)
                    Fairfax, VA              18 VAC 135-20-185 - Maintenance & Management Financial Records
                                             18 VAC 135-20-220 - Disclosure of Brokerage Relationships
                                             18 VAC 135-20-300 - Misrepresentation/Omission
                                             License Revocation

2011-03018          Aliyah N. Malik          18 VAC 135-20-390 - Withdrawal of Approval
                    Ashburn, VA              Withdrawal of Pre-license Education Instructor Certification

(Continued from page 1)
to review the article, “Earnest Money Deposits - Questions and Answers,” from page 4 of the Winter 2011 VREB
Speaking, as well as the “Maintenance and Management of Escrow Accounts” section of the Board’s Regulations
(18 VAC 135-20-180).
The first article on page 10 describes the new regulations for Common Interest Community Managers that were
approved by the Common Interest Community Board and went into effect on March 1, 2012.
The second article on Page 10 brings us full circle back to the subject of Fair Housing as the Board’s Fair Housing
actions from its January and March 2012, meeting are relayed. These actions remind us that although we’ve made
a lot of progress in bringing about a just and equitable society, we still have work to do.
Please contact the Board staff or me at REBoard@dpor.virginia.gov or 804-367-8526 with your ideas and
concerns about real estate in Virginia.
Cliff Wells, Chairman
Page 10                                       VREB SPEAKING                                 www.dpor.virginia.gov


   New Regulations for Common Interest Community Managers
On March 1, 2012, revisions to the Common Interest Community (CIC) Manager Regulations,
as established by the Common Interest Community Board, became effective. The new
regulations provide several alternative methods to qualify for a CIC Manager license. In
addition, the new regulations also govern the individual certification program applicable to
supervisory and principal employees that becomes effective on July 1, 2012.

Common interest community managers became regulated in 2008 as a result of legislation
enacted by the General Assembly and signed by the Governor. Anyone providing
management services to a common interest community in Virginia, and not otherwise
exempted by § 54.1-2347 of the Code of Virginia, must hold a license issued by the Common
Interest Community Board. Please note that, while another exemption from CIC manager
licensure may apply, real estate licensees are not automatically exempt from licensure by the
CIC Board.

To learn more about the new CIC Manager Regulations, requirements for licensure, and other
information about common interest community management, please visit the CIC Board
website at http://www.dpor.virginia.gov/dporweb/cic_main.cfm. You may also contact the
Board office by phone at (804) 367-8510 or email at cic@dpor.virginia.gov.




                              Fair Housing Cases
                      The Fair Housing Board administers and enforces the Virginia Fair Housing Law,
                      although the Real Estate Board is responsible for fair housing cases involving real estate
                      licensees or their employees. Each board investigates housing discrimination through
                      the Virginia Fair Housing Office at DPOR. All fair housing cases must attempt
                      conciliation – an alternative dispute resolution approach using informal negotiation.
                      Successful conciliation agreements are public unless both parties request and agree to a
                      confidentiality clause. If conciliation is unsuccessful in resolving the complaint, the Board
                      determines if reasonable cause exists to support a charge of discrimination. In cases
                      where the Board determines reasonable cause and issues a charge of discrimination,
                      the Attorney General’s Office brings civil suit in circuit court seeking relief for the
                      complainant. The following fair housing actions were rendered by the Board at its
                      January and March 2012 meetings:

Case Number   Case Name                                                  Action
2011-04573    Zachary Belcher and Andrew Deboissiere v. Renee            Conciliation Agreement
              Daniels and 1st Choice Realty Affiliates LLC, t/a
              Exit 1st Choice Realty
2012-00990    Beulah Arrington v. Dezaray Drinkard and Artcraft          Conciliation Agreement
              Management, Inc.
2011-03816    Shirley Thomas v. JRK Residential America, LLC             Conciliation Agreement

2011-03817    Housing Opportunities Made Equal v. JRK Residential        Conciliation Agreement
              America, LLC

2012-00974    Brenda Yancey v. Drucker & Falk, LLC                       Conciliation Agreement

2011-03039    Katherine and David Zichichi v. Henley Management          Discrimination by subjecting complainants
              Realty, Inc.                                               To discriminatory terms and conditions
                                                                         based upon disability.

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Virginia Real Estate Board Newsletter Spring 2012

  • 1. VIRGINIA REAL ESTATE BOARD VREB SPEAKING www.dpor.virginia.gov Spring 2012 Message from the Chair The article on page 4 summarizes Virginia Real Estate Board 2012 General Assembly legislation Perimeter Center, Suite 400 affecting the Real Estate Board and its licensees. HB 206 was probably 9960 Mayland Drive the most important real estate-related Richmond, VA 23233 bill as it includes a number of 804-367-8526 provisions that will affect brokers and salespersons. Robert F. McDonnell Governor One article on page 5 describes the three-hour Residential Standard James S. Cheng Agency (RSA) course that will help Secretary, Commerce & Trade licensees better understand the new real estate agency laws that go into effect on July 1, 2012. INSIDE THIS ISSUE Although some licensees may have up to two years after this date to complete the RSA course, I strongly advise you to take this course as PAGE Clifford L. Wells soon as possible so that you Board Members & Staff 2 understand the changes in law. New The short days of winter have rules affecting dual agency and Board Contact Information 2 been replaced by longer and enhanced disclosures will apply to warmer spring days. Just as many real estate transactions. You Fair Housing Month Proclamation 3 seasons turn, I trust the real will be responsible for conducting your practice according to law, so do 2012 General Assembly Update 4 estate market and economy are turning toward recovery, growth take care to ensure you understand Post License Education Changes 5 and prosperity. the new agency laws. Residential Standard Agency Course 5 We celebrated the 40th A second article on page 5 provides anniversary of the passage of the information on the Board’s January Recent Disciplinary Actions 6-9 Virginia Fair Housing Law in 26, 2012, decision approving a new 30-hour post license education (PLE) New CIC Manager Regulations 10 April. Each issue of VREB Speaking during 2012 will focus curriculum for new salespersons. Fair Housing Cases 10 on a different aspect of the The new PLE curriculum will go into importance of Fair Housing in effect no later than January 1, 2014, Virginia. This issue highlights and the current three-track PLE Governor Bob McDonnell’s curriculum will be phased out. 2012 Meeting Dates commemorating this important milestone by proclaiming April The Board’s disciplinary actions from May 22, 2012 2012 as “Fair Housing Month” its January and March 2012 across the Commonwealth. The meetings are listed on pages 6 July 12, 2012 Governor’s Proclamation is through 9. Escrow violations September 6, 2012 reproduced on page 3 of this continue to make up a significant number of the Board’s disciplinary November 29, 2012 newsletter, and I encourage you to read it carefully. actions. Licensees may find it helpful All meetings are held at the above (Continued on page 9) address at the Perimeter Center.
  • 2. Page 2 VREB SPEAKING www.dpor.virginia.gov BOARD MEMBERS DPOR Staff Clifford L. Wells, Chairman Gordon Dixon, Director Virginia Beach Mark Courtney, Deputy Director Licensee Member Licensing & Regulation Division Four-year term ends on 6/30/13 Nick Christner, Deputy Director Compliance & Investigations Division Judith L. Childress, Vice Chair Steven Arthur, Deputy Director Martinsville Administration & Finance Division Licensee Member Lizbeth Hayes, Director Four-year term ends on 6/30/12 Fair Housing Office Nathaniel Brown Charlottesville Citizen Member Four-year term ends on 6/30/12 Carol F. Clarke Charlottesville Licensee Member Four-year term ends on 6/30/12 Anh Tu Do Annandale Real Estate Board Staff Licensee Member Christine Martine Four-year term ends on 6/30/15 Executive Director Kevin Hoeft Sandra Ferebee Education Administrator Norfolk Jeffrey Williams Licensee Member Board Administrator Four-year term ends on 6/30/14 Emily Trent Administrative Assistant Joseph Funkhouser, II Harrisonburg Licensee Member Board Contact Information Four-year term ends on 6/30/14 Executive Director - 804-367-8552 Licensing Section - 804-367-8526 Sharon Parker Johnson Education Section - 804-367-2406 South Hill Fax Number - 866-350-7849 Licensee Member E-mail - REBoard@dpor.virginia.gov Four-year term ends on 6/30/12 Internet - www.dpor.virginia.gov DPOR Main Number - 804-367-8500 Complaints Section - 804-367-8504
  • 3. Page 3 VREB SPEAKING www.dpor.virginia.gov
  • 4. Page 4 VREB SPEAKING www.dpor.virginia.gov 2012 General Assembly Update New Laws Affecting the Virginia Real Estate Board The 2012 General Assembly Session considered 2,876 bills and resolutions during its 60-day session. Below are descriptions of Real Estate Board-related bills enacted by the legislature and signed by the governor. To view the full text of the new laws, visit the Legislative Information System online at http://lis.virginia.gov and search by bill number. HB 206, requested by the Virginia Association of REALTORS®, directs the Board to develop regulations allowing licensees to carry over continuing education credits to another renewal cycle. The new law also gives the Board discretionary authority to establish criteria setting forth what type of work unlicensed employees of real estate licensees may perform without triggering the necessity for a license. In addition, HB 206 imposes a mandatory self-audit provision for brokerage firms and sole proprietorships every two years—but that provision does not become effective until January 1, 2013. This bill also sets out the duties of supervising brokers. Other bills of interest, although not specific to the Real Estate Board, include: HB 210: Requires the Real Estate Appraiser Board to establish a licensure program for Appraisal Management Companies (AMCs) beginning July 1, 2014. The Dodd-Frank Reform Act enacted by Congress requires all state real estate appraiser boards to regulate AMCs. HB 337: DPOR-requested legislation to strengthen the ability of regulatory boards to take legal action against exam imposters and others who obtain licenses fraudulently. HB 609: Requires anyone regulated by a board at DPOR to present proof of licensure to customers/prospects upon request. HB 937: Directs regulatory boards to establish procedures for expediting license applications from military spouses who hold similar credentials from another jurisdiction. DPOR already manually expedites license applications from military spouses whenever possible within the constraints of law and regulation. If approval for licensure will take longer than 30 days, beginning in 2014, this new law will require boards to issue temporary licenses to allow military spouse applicants to work while completing state-specific requirements. HB 938: Mandates regulatory boards accept military training, education, or experience that is substantially equivalent to that required by law or regulation. DPOR already accepts substantially equivalent military training, education, or experience, and also extends the timeframe to meet license renewal requirements for active-duty military personnel and their spouses.
  • 5. Page 5 VREB SPEAKING www.dpor.virginia.gov Board Approves Post License Education Program Changes At its January 26, 2012, meeting, the Real Estate Board (Board) approved the January 18, 2012, “Real Estate Board Advisory Council Report,” which will establish a new 30-hour post license education (PLE) curriculum for new real estate salesperson licensees. The new PLE curriculum will consist of the following eight courses: 1) Fair Housing, Americans with Disabilities Act and the Civil Rights Act of 1866 - 2 hours; 2) Real Estate Law and Board Regulations - 8 hours; 3) Ethics and Standards of Conduct - 3 hours; 4) Current Industry Issues and Trends - 2 hours; 5) Virginia Agency Law - 3 hours; 6) Contract Writing - 6 hours; 7) Risk Management - 3 hours; and 8) Escrow Requirements - 3 hours. The Board has not set a specific start date for the new PLE curriculum, but it will go into effect no later than January 1, 2014. The Board is in the process of having its entire information system upgraded as part of the overall DPOR information system upgrade, so the implementation of the new PLE curriculum, along with the phase out of the current PLE curriculum, must be coordinated with this information system upgrade. The January 18, 2012, “Real Estate Board Advisory Council Report” can be viewed on the Board’s website at: http://www.dpor.virginia.gov/dporweb/Real%20Estate%20Board%20Advisory%20Council% 202012%20Report.pdf For background information on the Real Estate Board Advisory Council’s 2011 meetings, please review the “2011 Real Estate Advisory Council Meetings Update” article on page 3 of the Winter 2011 issue of VREB Speaking, which can be accessed on the Board’s website at: http://www.dpor.virginia.gov/ dporweb/VREB_Speaking_Winter_2011.pdf Residential Standard Agency Course Requirement The Virginia General Assembly enacted legislation significantly amending residential agency law, and these changes go into effect on July 1, 2012. All active licensees who renew or reinstate an active salesperson or broker license, and all inactive licensees who activate an inactive salesperson or broker license from July 1, 2012, through June 30, 2014, must complete a Real Estate Board-approved three- hour course in Residential Standard Agency (RSA) to become familiar with these changes (Section 54.1 -2105.03.A.3 of the Code of Virginia). The three-hour RSA course is required to renew all active salesperson and broker licenses that expire beginning with the July 31, 2012, expiration date and ending with the June 30, 2014, expiration date. Completion of the RSA course is a one-time only education requirement. The three-hour RSA course is in addition to the required 24 hours of continuing education for brokers, the required 16 hours of continuing education for salespersons who have renewed their license at least one time previously, or the required 30 hours of post license education for new salespersons. A list of approved RSA courses is on the Board’s website at: http://www.dpor.virginia.gov/dporweb/reb_rsa_course_report.pdf Active licensees who do not practice residential real estate and will not do so during the current licensing term are not required to complete the three-hour RSA course. HOWEVER, in order to have the three-hour RSA course requirement waived, these active licensees must submit an original notarized affidavit to the Board certifying they do not practice residential real estate and shall not do so during the current licensing term. For more information on this, the Residential Standard Agency Continuing Education Course Waiver Notarized Affidavit Form is on the Board’s website at: http:// www.dpor.virginia.gov/dporweb/res_waiver_form.pdf At its May 22, 2012, meeting the Board determined that any active licensee whose license is affiliated with a referral company practices residential real estate and, therefore, must complete the three-hour RSA course. A “Residential Standard Agency Course Requirement Notice” letter was mailed to all brokers and salespersons in April informing them of this course requirement. Please contact the Board’s Education Section at 804-367-2406 or reschool@dpor.virginia.gov with any questions about the RSA course.
  • 6. Page 6 VREB SPEAKING www.dpor.virginia.gov DISCIPLINARY ACTIONS The Real Estate Board (the Board) licenses or certifies real estate salespersons, brokers, firms, proprietary schools and pre-license instructors. If a complaint is filed against a licensee who is subject to the laws and regulations of the Board, the complaint is reviewed by the Compliance and Investigations Division (CID) of DPOR to determine if a violation of these laws or regulations may have occurred. If there is probable cause of a violation, an investigation is initiated. If the investigation reveals that one or more violations may have occurred, the licensee receives notice to appear at an informal fact-finding conference (IFF) to address these alleged violations. In some cases the licensee may be offered a pre-IFF Consent Order. A Consent Order is an agreement between the licensee and the Board consisting of specific violations and sanctions. Pre-IFF Consent Orders eliminate the time and expense associated with conducting an IFF. If an IFF is held, a recommendation from the IFF hearing officer consisting of proposed violations and sanctions is submitted to the Board for consideration at its next meeting. The Board can take the following disciplinary actions against a licensee: assess a monetary penalty; suspend or revoke a license; place an individual on probation; require additional education; or deny renewal. A licensee can continue to practice throughout the disciplinary process until the Board either revokes or suspends his license. THE FOLLOWING DISCIPLINARY ACTIONS RENDERED BY THE BOARD AT ITS JANUARY and MARCH 2012 MEETINGS CAN BE VIEWED AT: www.dpor.virginia.gov. Click on “License Lookup.” Then click on “Search Disciplinary Actions Occurring since April 1, 2002.” Then enter the Case Number in the blank “Search” box. Then click on the “Search” button. Then click on the highlighted “File Number.” The Order and Report of Findings for that case will appear. Case Number Licensee Violations & Sanctions 2011-03309 Richard L. Joyeusaz 18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts) McLean, VA License Revocation 2011-02846 Gunther A. Viscarra 18 VAC 135-20-170—Maintenance of Licenses Manassas, VA $500 Monetary Penalty, License Revocation 2011-03182 Ivan M. Parada 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Lorton, VA 18 VAC 135-20-260 - Unworthiness & Incompetence $1000 Monetary Penalty, 8 hours Continuing Education, License Probation and Quarterly Reporting to the Board for One Year 2011-01514 Peter Tang Tang 18 VAC 135-20-240 - Provision of Records to the Board Bristow, VA 18 VAC 135-20-260 - Unworthiness & Incompetence (2 Counts) $6000 Monetary Penalty, License Revocation 2011-03987 Peter Tang Tang 18 VAC 135-20-250 - Response to Inquiry of the Board Bristow, VA $1000 Monetary Penalty, License Revocation 2011-02715 Ann W. High 18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts) Clifton, VA $2500 Monetary Penalty, License Revocation 2011-04216 Christine A. Nielsen 18 VAC 135-20-310 - Delivery of Instruments Stafford, VA $150 Board Costs, 3 hours Continuing Education 2011-04996 Theodoros G. Priftis 18 VAC 135-20-290 - Improper Dealing Alexandria, VA $150 Board Costs, 4 hours Continuing Education 2012-00831 Leanne Moore, t/a Dymond Title 54.1, Chapter 21 of the Code of Virginia Property Management Cease and Desist from Acting as an Unlicensed Real Estate Broker Ruther Glen, VA or Salesperson
  • 7. Page 7 VREB SPEAKING www.dpor.virginia.gov DISCIPLINARY ACTIONS (Cont.) Case Number Licensee Violations & Sanctions 2011-04577 John D. Samson 18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (3 counts) Herndon, VA 18 VAC 135-20-260 - Unworthiness & Incompetence $3900 Monetary Penalty, $150 Board Costs, 8 hours Continuing Education, Submit Results to the Board of CPA Audit of the Financial Records and Escrow Account(s) of Samson Companies, LLC, t/a Samson Properties by April 30, 2012, Quarterly Reporting to the Board for 2 Years and will not apply to be Principal Broker or Hold Signatory Authority on any Firm’s Escrow Account for 2 Years 2011-04873 Matthew P. White 18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts) Huddleston, VA 18 VAC 135-20-185 - Maintenance & Management Financial Records 18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts) §54.1-2133.A.4 - Failure to Exercise Ordinary Care when Engaged by Landlords to Lease Property $7950 Monetary Penalty (Waived by Board), $150 Board Costs, License Revocation 2012-00092 Tammy Y. Finch 18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts) Richmond, VA 18 VAC 135-20-185 - Maint. & Manage. Financial Records (3 counts) 18 VAC 135-20-260 - Unworthiness & Incompetence $3950 Monetary Penalty, $150 Board Costs, 8 hours Continuing Education, License Revocation 2011-05079 Cecelia A. Mahan 18 VAC 135-20-260 - Unworthiness & Incompetence Leesburg, VA 18-VAC 135-20-310 - Delivery of Instruments $1850 Monetary Penalty, $150 Board Costs, 8 hours Cont. Education 2012-00163 Cynthia L. Stevens 18 VAC 135-20-185 - Maintenance & Management Financial Records Mechanicsville, VA 18 VAC 135-20-240 - Provision of Records to the Board 18 VAC 135-20-250 - Response to Inquiry of the Board 18 VAC 135-20-260 - Unworthiness & Incompetence $7250 Monetary Penalty, License Revocation 2012-00104 Hyun D. Lee 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Chantilly, VA 18 VAC 135-20-310 - Delivery of Instruments $1100 Monetary Penalty, $150 Board Costs, 8 hours Cont. Education 2011-04663 Robi G. Kline 18 VAC 135-20-260 - Unworthiness & Incompetence Swoope, VA $1250 Monetary Penalty, $150 Board Costs, 12 hours Continuing Education 2011-04963 Alan K. Price 18 VAC 135-20-260 - Unworthiness & Incompetence Virginia Beach, VA $350 Monetary Penalty, $150 Board Costs, 3 hours Cont. Education 2011-04540 Kevin J. Lee 18 VAC 135-20-260 - Unworthiness & Incompetence Haymarket, VA 18 VAC 135-20-330 - Principal and Supervising Broker’s Responsibility for Acts of Licensees and Employees $2900 Monetary Penalty, $150 Board Costs, Broker License Revocation with Salesperson License Issued, Will Complete Broker Pre-license Education Requirement if Applies for a Broker License, Will Work with Fairfax Realty, Inc. Management to Evaluate the Firm’s Supervisory Brokerage Policies for its Agents 2012-00793 Shawnte L. Grant 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Suffolk, VA $500 Monetary Penalty, $150 Board Costs 2011-05013 Janice W. Grenadier § 54.1-2112 et seq - Virginia Real Estate Transaction Recovery Act Alexandria, VA Claim approved for $16,979.77, License Revocation
  • 8. Page 8 VREB SPEAKING www.dpor.virginia.gov DISCIPLINARY ACTIONS (Cont.) Case Number Licensee Violations & Sanctions 2011-04954 Kevin J. Lee 18 VAC 135-20-260 - Unworthiness & Incompetence Haymarket, VA 18 VAC 135-20-330 - Principal and Supervising Broker’s Responsibility for Acts of Licensees and Employees $150 Board Costs, 6 Hours Continuing Education, Broker License Revocation with Salesperson License Issued, Will Complete Broker Pre-license Education Requirement if Applies for a Broker License, Will Work with Fairfax Realty, Inc. Management to Evaluate the Firm’s Supervisory Brokerage Policies for its Agents 2011-04576 Rana Hmaidan 18 VAC 135-20-260 - Unworthiness & Incompetence Ashburn, VA 18 VAC 135-20-300 - Misrepresentation/Omission 18 VAC 135-20-310 - Delivery of Instruments $2000 Monetary Penalty, $150 Board Costs, 4 hours Continuing Education, Quarterly Reporting to the Board 2011-04366 Lee A. Shelton-Matthews 18 VAC 135-20-260 - Unworthiness & Incompetence Suffolk, VA $500 Monetary Penalty, License Probation until Complete 3 hours Continuing Education 2011-01724 Donald A. Herrington 18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts) Stafford, VA License Revocation 2011-02072 Donald A. Herrington 18 VAC 135-20-260 - Unworthiness & Incompetence (2 counts) Stafford, VA License Revocation 2012-00296 Lester D. Smathers 18 VAC 135-20-260 - Unworthiness & Incompetence Colonial Heights, VA License Revocation 2011-01461 Patricia A. Holman 18 VAC 135-20-260 - Unworthiness & Incompetence Chesapeake, VA 18 VAC 135-20-300 - Misrepresentation/Omission $2250 Monetary Penalty (Waived unless Applies for and is Granted a Virginia Real Estate License in the Future), $150 Board Costs, 9 hours Continuing Education, License Revocation 2012-00685 Bonnie J. Rothschild 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Virginia Beach, VA 18 VAC 135-20-310 - Delivery of Instruments 2012-00428 Sarah C. Gordon 18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts) Ruther Glen, VA 18 VAC 135-20-260 - Unworthiness & Incompetence 18 VAC 135-20-310 - Delivery of Instruments $1950 Monetary Penalty, $150 Board Costs, 16 hours Continuing Education, Broker License Surrender with Salesperson License Issued 2012-00628 Sarah C. Gordon 18 VAC 135-20-310 - Delivery of Instruments Ruther Glen, VA $600 Monetary Penalty, $150 Board Costs, 3 hours Cont. Education 2012-00323 Pamela M. Toth 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Chesapeake, VA 18 VAC 135-20-310 - Delivery of Instruments $150 Board Costs, 3 hours Continuing Education 2011-02645 Orlando W. Pacheco 18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts) Chantilly, VA 18 VAC 135-20-260 - Unworthiness & Incompetence $2500 Monetary Penalty, 9 hours Cont. Education, License Revocation 2012-00026 David W. Lyne 18 VAC 135-20-300 - Misrepresentation/Omission Stephens City, VA $150 Board Costs, 3 hours Continuing Education 2011-04948 Terri F. Davidson § 54.1-2112 et seq - Virginia Real Estate Transaction Recovery Act Portsmouth, VA Claim approved for $20,000, License Revocation
  • 9. Page 9 VREB SPEAKING www.dpor.virginia.gov DISCIPLINARY ACTIONS (Cont.) Case Number Licensee Violations & Sanctions 2012-00027 Ernie E. Jackson 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Hillsville, VA $150 Board Costs, 3 hours Continuing Education 2012-00170 Usen S. Udodong 18 VAC 135-20-260 - Unworthiness & Incompetence Silver Spring, MD $1150 Monetary Penalty, $150 Board Costs, 6 hours Continuing Education, Quarterly Reporting to the Board for Two Years 2012-00182 Ging-Hwang F. Tsoa 18 VAC 135-20-310 - Delivery of Instruments Ashburn, VA §54.1-2132.A.4 - Failure to Exercise Ordinary Care $1000 Monetary Penalty, $150 Board Costs, 8 hours Continuing Education 2012-00008 Colleen A. Starr 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Williamsburg, VA $250 Monetary Penalty, $150 Board Costs 2011-04358 Jaimie G. Hess 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Cedar Bluff, VA §54.1-2132.A.4 - Failure to Exercise Ordinary Care $1300 Monetary Penalty, $150 Board Costs, 3 hours Continuing Education 2011-04359 Vickie L. England 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Richland, VA §54.1-2132.A.4 - Failure to Exercise Ordinary Care $1300 Monetary Penalty, $150 Board Costs, 3 hours Continuing Education 2010-04336 Regis A. Gehin-Chireix 18 VAC 135-20-180 - Maintenance & Management Escrow Accounts Fairfax, VA 18 VAC 135-20-185 - Maintenance & Management Financial Records 18 VAC 135-20-210 - Disclosure of Interest 18 VAC 135-20-260 - Unworthiness & Incompetence (3 counts) 18 VAC 135-20-300 - Misrepresentation/Omission 18 VAC 135-20-310 - Delivery of Instruments License Revocation 2011-03668 Regis A. Gehin-Chireix 18 VAC 135-20-180 - Maint. & Manage. Escrow Accounts (2 counts) Fairfax, VA 18 VAC 135-20-185 - Maintenance & Management Financial Records 18 VAC 135-20-220 - Disclosure of Brokerage Relationships 18 VAC 135-20-300 - Misrepresentation/Omission License Revocation 2011-03018 Aliyah N. Malik 18 VAC 135-20-390 - Withdrawal of Approval Ashburn, VA Withdrawal of Pre-license Education Instructor Certification (Continued from page 1) to review the article, “Earnest Money Deposits - Questions and Answers,” from page 4 of the Winter 2011 VREB Speaking, as well as the “Maintenance and Management of Escrow Accounts” section of the Board’s Regulations (18 VAC 135-20-180). The first article on page 10 describes the new regulations for Common Interest Community Managers that were approved by the Common Interest Community Board and went into effect on March 1, 2012. The second article on Page 10 brings us full circle back to the subject of Fair Housing as the Board’s Fair Housing actions from its January and March 2012, meeting are relayed. These actions remind us that although we’ve made a lot of progress in bringing about a just and equitable society, we still have work to do. Please contact the Board staff or me at REBoard@dpor.virginia.gov or 804-367-8526 with your ideas and concerns about real estate in Virginia. Cliff Wells, Chairman
  • 10. Page 10 VREB SPEAKING www.dpor.virginia.gov New Regulations for Common Interest Community Managers On March 1, 2012, revisions to the Common Interest Community (CIC) Manager Regulations, as established by the Common Interest Community Board, became effective. The new regulations provide several alternative methods to qualify for a CIC Manager license. In addition, the new regulations also govern the individual certification program applicable to supervisory and principal employees that becomes effective on July 1, 2012. Common interest community managers became regulated in 2008 as a result of legislation enacted by the General Assembly and signed by the Governor. Anyone providing management services to a common interest community in Virginia, and not otherwise exempted by § 54.1-2347 of the Code of Virginia, must hold a license issued by the Common Interest Community Board. Please note that, while another exemption from CIC manager licensure may apply, real estate licensees are not automatically exempt from licensure by the CIC Board. To learn more about the new CIC Manager Regulations, requirements for licensure, and other information about common interest community management, please visit the CIC Board website at http://www.dpor.virginia.gov/dporweb/cic_main.cfm. You may also contact the Board office by phone at (804) 367-8510 or email at cic@dpor.virginia.gov. Fair Housing Cases The Fair Housing Board administers and enforces the Virginia Fair Housing Law, although the Real Estate Board is responsible for fair housing cases involving real estate licensees or their employees. Each board investigates housing discrimination through the Virginia Fair Housing Office at DPOR. All fair housing cases must attempt conciliation – an alternative dispute resolution approach using informal negotiation. Successful conciliation agreements are public unless both parties request and agree to a confidentiality clause. If conciliation is unsuccessful in resolving the complaint, the Board determines if reasonable cause exists to support a charge of discrimination. In cases where the Board determines reasonable cause and issues a charge of discrimination, the Attorney General’s Office brings civil suit in circuit court seeking relief for the complainant. The following fair housing actions were rendered by the Board at its January and March 2012 meetings: Case Number Case Name Action 2011-04573 Zachary Belcher and Andrew Deboissiere v. Renee Conciliation Agreement Daniels and 1st Choice Realty Affiliates LLC, t/a Exit 1st Choice Realty 2012-00990 Beulah Arrington v. Dezaray Drinkard and Artcraft Conciliation Agreement Management, Inc. 2011-03816 Shirley Thomas v. JRK Residential America, LLC Conciliation Agreement 2011-03817 Housing Opportunities Made Equal v. JRK Residential Conciliation Agreement America, LLC 2012-00974 Brenda Yancey v. Drucker & Falk, LLC Conciliation Agreement 2011-03039 Katherine and David Zichichi v. Henley Management Discrimination by subjecting complainants Realty, Inc. To discriminatory terms and conditions based upon disability.