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11.01.13

To read ADRE’s latest Bulletin, please click here.


09.05.13

Commissioner Judy Lowe of the Arizona Department of Real Estate (ADRE) announces the appointment of two Assistant Commissioner positions.

Carla Randolph, who has served ADRE for over 25 years, most recently as Education Manager and Interim Licensing Manager, is appointed as ADRE’s Assistant Commissioner Licensing/Education/Development Services.  She will continue in her role as Education Manager and will also oversee the Licensing and Development Services Divisions.

Louis Dettorre, who has served as the ADRE Legislative Liaison, and who recently has taken on such roles as Recovery Fund Administrator and assisting with the Department’s FY2015 budget request, is appointed as ADRE’s Assistant Commissioner Operations.  He will continue to serve as the ADRE Legislative Liaison, as well as, overseeing the Business Services Division and will collaborate with Sarah Dobbins, ADRE Chief of Staff, in oversight of the Department’s daily operations.

Mike Wheeler will continue to serve as ADRE's Assistant Commissioner Regulatory Affairs.  We thank Mike for his leadership!

Please join Commissioner Lowe in congratulating these fine leaders on their new roles at the Arizona Department of Real Estate!


08.27.13

On August 2, 2013, the Department of Real Estate issued a Cease and Desist order directing Timothy Wayne Westbrook and Westbrook Development Partners, LLC dba Westbrook Vacation Rentals, to immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  The order can be viewed through the Department’s website here.

The Department cannot provide legal advice or advisement regarding questions or issues regarding contracts or other dealings with Westbrook Development Partners, LLC.  Any questions or issues regarding your contracts or other dealings with Westbrook should be directed to Westbrook or to your personal legal representative.  If you do not have an attorney you may wish to contact the Maricopa County Bar Association Lawyer Referral Service at (602) 257-4434.


08.09.13

To read ADRE’s latest Bulletin, please click here.


06.11.13

On June 7, 2013, the Department of Real Estate issues a Cease and Desist order directing June B. Jochum and JB Jochum & Associates to immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly within the State of Arizona, without first complying with all applicable laws and rules.  The order can be viewed through the Department’s website here.

The Department cannot provide legal advice regarding questions or issues regarding contracts or other dealings with June B. Jochum or JB Jochum & Associates.  Any questions or issues regarding contracts or other dealings with June B. Jochum or JB Jochum & Associates should be directed to Jochum or JB Jochum & Associates or to your personal legal representative.  If you do not have an attorney you may wish to contact the Arizona Bar Association’s AZ Law Help at www.azlawhelp.org.


05.30.13

The Arizona Mexico Commission Real Estate Committee, which Commissioner Lowe Co-chairs, will be hosting an ‘Arizona – Sonora Real Estate Knowledge Exchange’ during this year’s Arizona Mexico Commission Plenary on June 14, 2013.  Three hours of continuing education is being offered for Arizona participants.  For details, registration information and cost please click here .


05.04.13

To read ADRE’s first quarter 2013 Bulletin, please click here.


04.25.13

On April 22, 2013, the Arizona Department of Real Estate issued a Cease and Desist order directing Dawn Audra Anderson and Maricopa Properties, LLC, to immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly within the State of Arizona, without first complying with all applicable laws and rules.  The Department cannot provide legal advice or advisement regarding questions or issues regarding contracts or other dealings with Maricopa Properties, LLC.  Any questions or issues regarding your contracts or other dealings with Maricopa Properties, LLC should be directed to Maricopa Properties or to your personal legal representative.  If you do not have an attorney you may wish to contact www.azlawhelp.org.  If you were an owner or tenant, you may also wish to contact the Victim Advocate at the Arizona Attorney General’s office at (602) 542-8475.  The order can be viewed through the Department’s website here.


04.15.13

To Arizona Licensed Designated Brokers and Self Employed Brokers,

First and foremost, I want to thank you for your continued dedication to the real estate industry in the great state of Arizona.  This firm commitment is the enduring force that makes real estate one of the strongest contributors to the overall health of the State’s economy.

Keeping your commitment in mind, the Arizona Department of Real Estate holds itself to the highest standards of protecting the public and serving you, our licensee.  The survey that will be delivered to your verified email address in the near future will facilitate that mission.

The questions listed below are being provided to you prior to the survey in an effort to allow you to optimize your time and effort spent completing the survey.  You can feel confident that the source of each answer will be held in confidence by the Department of Real Estate.

The aggregate data will benefit all real estate licensees in Arizona.  The Department appreciates your time, commitment, and continued service to the industry.

Sincerely,
Judy Lowe
Commissioner


During the survey period, you will be able to exit the survey and reenter (using the email link provided to you), as well as change any answers you have previously provided.  Once the survey period is over, you will not be able to access the survey.

There will be followup emails to non-responding DB and SE.

Every question in the survey marked with an “*” will require an answer.  If a question does not pertain to your brokerage, you will need to enter a “0” in the space provided.

Questions asked on Broker Audit Survey (in Bold/Italic):

  • Indicate the types of real estate services provided by brokerage.  This will be a multiple choice selection with Yes or No answers.
  • Total Residential Sales transactions closed in 2012.  You will be asked to provide a total number.
  • Total Commercial Sales transactions closed in 2012.  You will be asked to provide a total number.
  • Number of Associate Brokers licensed to your brokerage.  You will be asked to provide a total number.
  • Number of Salespersons licensed to your brokerage.  You will be asked to provide a total number.
  • Number of Full Time (more than 20 hours per week) unlicensed individuals (include all Unlicensed Assistants.  You will be asked to provide a total number.
  • Number of Part Time (20 hours or less per week) unlicensed individuals (include all Unlicensed Assistants.  You will be asked to provide a total number.
  • Number of Associate Brokers with authority to perform DB duties.  You will be asked to provide a total number.
  • Number of Associate Brokers with authority to perform DB duties that have completed the 9 hour Broker Management Clinic (BMC).  You will be asked to provide a total number.
  • Number of Associate Brokers appointed as Branch Manager.  You will be asked to provide a total number.
  • Number of Salespersons appointed as Branch Manager.  You will be asked to provide a total number.
  • Number of licensees with Delegated Contract Review/Initial Authority.  You will be asked to provide a total number.
  • Number of licensees with Delegated Contract Review/Initial Authority that have completed the 9 hour Broker Management Clinic (BMC).  You will be asked to provide a total number.
  • NOTE: You will be asked to provide the license number for all licensees with Delegated Contract Review/Initial Authority.  There will be ten (10) spaces on the survey, if you have more than 10, there will be an additional space to list the license numbers.
  • Property Management number of residential units managed (You will be asked to provide a total number for each):
    • Single Family Homes
    • Multi Family Homes
    • Other
  • Property Management number of commercial units managed (You will be asked to provide a total number for each):
    • Commercial/Industrial Buildings
    • Shopping Centers
    • Other
  • Number of licensees performing Property Management activities.  You will be asked to provide a total number.
  • Property Management Trust Accounts:
    • Total number of Property Management Trust Accounts.  You will be asked to provide a total number
    • Average monthly cash flow through all Property Management Trust Accounts for 2012.  You will be asked to provide an average amount.
  • Property Management – E&O Insurance.  You will be asked to answer Yes or No and provide the E&O coverage limit.
  • Property Management – Performance Bond.  You will be asked to answer Yes or No and provide the Performance Bond coverage limit.
  • Total number of General/Sales/Earnest Money Accounts.  You will be asked to provide a total.
  • Document Storage:
    • Offsite Storage.  You will be asked to answer Yes or No and, if yes, to provide the physical location of the offsite storage.
    • Electronic Record Storage (Vendor/System).  You will be asked to answer Yes or No and, if Yes, the location of the Electronic Record Storage (Vendor/System).

04.04.13

ATTENTION: Designated Brokers (DB) and Self-Employed Brokers(SE)

The Arizona Department of Real Estate (“ADRE”) invites all Designated Brokers and Self Employed Brokers to participate in a mandatory online Broker Audit Survey.

This survey will allow ADRE to establish a “baseline” data base to facilitate ADRE planning, as well as enhance the Department’s mission of serving the Arizona real estate industry and the protection of the public.

The audit survey will include questions regarding brokerage size, specialized real estate practices and property management activities.

Expect to receive further detailed information via email regarding the survey, as well as when the survey will take place.  It is important for all Designated Brokers and Self Employed Brokers to ensure that ADRE has the current email information no later than Friday, April 12, 2013, as this survey will only be accessible through the current email address on record with ADRE.

All Designated Brokers and Self Employed Brokers should consider the importance of the completion and submission of the Broker Audit Survey as any Broker Audit activity or any request for information from ADRE would be considered and responded to.

Sincerely,
Judy Lowe
Commissioner


03.14.13

Disciplinary Actions:

Cease and Desist Order:
On March 11, 2013, the Department of Real Estate issued a Cease and Desist order directing Joshua Rothberg and Scout Realty, LLC, to immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  The order can be viewed through the Department’s website here.

Commissioner’s Final Order
On February 5, 2013, the Department of Real Estate issued a Commissioner’s Final Order, revoking the licenses of:

  • George W. Glover, holder of license number BR043051000
  • Cassandra Leigh Arnold, holder of license number BR521366000
  • Rathbun Realty, Inc., holder of license number CO521767000
  • Rathbun Property Management, Inc. dba Rathbun Property Management, holder of license number CO644222000.

The Commissioner’s Final Order and Administrative Law Judge Decision can be viewed through the Department’s website here.


01.18.13

Dear School Administrators/Owners/Instructors,
As part of the fee implementation pursuant to House Bill 2855 and Senate Bill 1526, Commissioner Lowe has established the Education Fee Schedule, effective February 1, 2013, for application for certificate of approval, renewal, change for schools/administrators, instructors, live classroom continuing education courses, prelicense courses and continuing education distance learning courses.  Click here to view schedule (Page 3).

Payment options are as follows:

  1. Schools that file applications through the ADRE Message Center from the school Online Real Estate School System will be contacted by an ADRE representative for credit card payment information once the application is deemed complete.  We anticipate the online payment process will soon be automated through the Message Center.
  2. Schools that file applications by mail may include a check or money order made payable to the ADRE.  ADRE does not recommend sending cash by mail.
  3. Schools that file applications in person may pay by credit card, cash, check, or money order.
  4. The few Schools that file applications by facsimile will be contacted for payment information once the application is deemed complete.

We realize this is a new experience for ADRE’s approved educators and would greatly appreciate your patience as ADRE staff implements the new fees and continues to process applications as expeditiously as possible.

Critical Reminder -
A completed Real Estate School Supervision Audit Declaration is due for all schools by Thursday, 1/31/2013.  The form is available on the website: click here to download.


12.10.12

Disciplinary Actions:

Cease and Desist:
On October 22, 2012, the Department of Real Estate issued a Cease and Desist order directing Gregory Goldshteyn and G&G Realty, LLC, to immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  The order can be viewed through the Department’s website here.

Cease and Desist:
On December 7, 2012, the Department of Real Estate issued a Cease and Desist order directing Gary Frank Weiss and Tompkins Realty, Inc., to immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  The order can be viewed through the Department’s website here.


12.05.12

Dear School Administrators/Owners:

Broker Management Clinic Update

ADRE is encouraged by the efforts from several schools and instructors, so that there are adequate new Broker Management Clinic (BMC) courses available (live and distance learning) to the applicants and licensees, well before the January 1, 2013 effective date to law changes.  A.R.S. §§ 32-2130 and 32-2136.

The ADRE public database has been modified by expanding the search criteria to help locate scheduled live course events and approved instructors in the following Subjects:

  • BMC #1 Statutes and Rules
  • BMC #2 Broker Policies
  • BMC #3 Supervision
  • Contract Writing

In late November 2012, ADRE sent notices to Schools and those instructors without a primary sponsor school listing the preceding BMC course and/or instructor subject area approval terminations effective December 31, 2012.

See Educator Documents and Forms for new BMC Course and Instructor requirements and qualifications.

For those preceding BMC distance learning courses that are scheduled to terminate December 31, 2012, be sure to update website information to prevent availability and completion of a course that is no longer valid.


Heads up for Prelicensure Educators!

Pearson VUE updated the Candidate Handbook August 2012.  Please review, etc.


Reminders:

  • House Bill 2357 becomes effective January 1, 2013 amending Sections 32-2130, 32-2136 and 32-2151 relating to real estate.  Schools are encouraged to review the affected statutes.  Click here to review the chaptered bill.
  • The Real Estate School Audit Declaration (Declaration) is due between December 15, 2012 and January 31, 2013 pursuant to Substantive Policy Statement No. 2010.03 – Real Estate School Audit Declaration.  The current Declaration form may be downloaded from the ADRE website by clicking here.  Be sure to initial the bottom right corner of each page.

10.25.12

FEE SCHEDULE NOTICE:

A new fee schedule is effective November 1, 2012, and posted to the ADRE website at www.azre.gov.

To view the fee schedule, click here.



10.19.12

Dear Real Estate Licensee,
Earlier this year, the Arizona State Legislature amended law (A.R.S. § 32-2136 Broker Management Clinics)
effective on and after January 1, 2013, requiring each of the following real estate applicants/licensees to take a nine (9) hour Broker Management Clinic (BMC):

  • Original Brokers - prior to application
  • New Delegated Associate Brokers* – prior to application (including written authorization appointment)
  • Delegated Associate Brokers* – prior to renewal**
  • New Designated Brokers/Self Employed Brokers - prior to application
  • Designated Brokers/Self Employed Brokers – prior to renewal**

For more information about the new BMC:

Click here to view frequently asked questions;
Click here to view Substantive Policy Statement No. 2012.01 – Broker Management Clinic Course/Instructor Requirements.

Commissioner Judy Lowe extends her sincere gratitude to the legislative group, the Real Estate Advisory Board and the BMC Stakeholder Committee for their time and work with the new legislation related to the BMC.  The time and dedication given by this multi-talented group of professionals exemplifies their support of ADRE’s mission to increase the knowledge level and raise the bar, through education of the real estate licensee.  These groups also recognized the important obligation to promoting professionalism and consumer protection!  Those participants are as follows:

Marti Barnewolt Barbara Freestone Edwin Ricketts
Carla Bowen C. Dale Hillard Jo Ann Sabbagh
Charles Bowles Jim Hogan Jim Sexton
Kimberly Clifton Kim Horn Patti Shaw
Cecil Daniels Mike Moloney James Tsighis
Frank Dickens Ronald Moore Ann White
Holly Eslinger Heidi Quigley Dennis Wilenchik

*  A Delegated Associate Broker is an Associate Broker who is delegated the written authority to act on the Designated Broker’s behalf to review and initial contracts or similar instruments pursuant to A.R.S §32-2151.01(G).

**  For renewal filed after December 31, 2012, the current BMC course may be eligible in lieu of the new BMC courses within the licensees current license period provided the course is completed prior to January 1, 2013, see above links for more information.


09.04.12

On September 4, 2012, the Department of Real Estate issued a Cease and Desist order to George W. Glover, holder of license number BR043051000; Cassandra Leigh Arnold, holder of license number BR521366000; Rathbun Realty, Inc., holder of license number CO521767000; and Rathbun Property Management Inc. dba Rathbun Property Management, holder of license number CO644222000, directing that all named respondents immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  The order can be viewed through the Department’s website at 13F-DI-059 Rathbun et al C&D.

The Department cannot provide legal advice regarding questions or issues regarding contracts or other dealings with Rathbun Realty, Inc. and/or Rathbun Property Management Inc.  Any questions or issues regarding your contracts or dealings with Rathbun Realty, Inc. and/or Rathbun Property Management Inc. should be directed to Rathbun Realty, Inc. and/or Rathbun Property Management Inc. or to your personal legal representative.  If you do not have an attorney, you may wish to contact the Pima County Bar Association, Lawyer Referral Service at Pima County Bar Association Lawyer Referral or by telephone at (520) 623-4625.

Click here to view a letter from Commissioner Judy Lowe.


08.31.12

Please click here to view the Special Edition-Arizona Department of Real Estate Bulletin.


08.30.12

Commissioner Lowe would like to acknowledge and thank those in the real estate industry who have advised ADRE of their concerns regarding the submission of offers through Kazork.

The Commissioner has interacted with Fannie Mae and would like to share the recently released media statement from Fannie Mae regarding Kazork.

Thank you.

MEDIA RELEASE STATEMENT FROM FANNIE MAE:
"There appears to be a misunderstanding regarding Fannie Mae's short sale process, involving a company called Kazork.  Kazork is a company that, among other things, conducts auctions of residential properties that have not been able to be sold through traditional marketing practices.  Fannie Mae at one time had a limited engagement with Kazork, but has said that Kazork is not an exclusive partner on short sales.  Fannie Mae is reaching out to Kazork to stop them from using Fannie Mae's name in any marketing activities.  Any changes that Fannie Mae makes to its short sale guidelines and processes will be communicated by Fannie Mae.  Short sales in Arizona involving Fannie Mae loans should be pursued as they have been in the past in conjunction with Fannie Mae and its mortgage servicers."


08.20.12

On August 20, 2012, the Department of Real Estate issued a Cease and Desist order directing Phyllis A. Burgess and Arrowhead Property Management, LLC, to immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  The order can be viewed through the Department’s website here.

Click here to view a letter from Commissioner Judy Lowe.


08.15.12

Informational Alert:
Commissioner Judy Lowe would like to share the announcement below that was received today from Attorney General Horne.  Thank you.

Announcement from Attorney General Horne:
AG Horne Files Two Lawsuits Against Mortgage Modification Assistance Companies Operating In Both Phoenix and Tucson

PHOENIX (Wednesday, August 15, 2012) -- Attorney General Horne announced today two lawsuits have been filed against Arizona companies selling mortgage modification services to distressed homeowners.

“There is still a significant amount of fallout from the mortgage crisis, and consumers need to remain vigilant when approached about mortgage modification services,” Horne said.  “The legal actions that have been filed serve as a reminder that people need to be very careful about dealing only with reputable servicers.”

The lawsuits are against Phoenix based Making All Homes Affordable, LLC (“MAHA”) and its owner Albert Figueroa and Tucson based La Paz Source, LLC, its owners, Defendant Maria Beltran and her husband, Defendant Francisco Ramos and their new operation La Placita Multi Services, LLC owned and operated by Beltran and an individual named Arturo Gomez Leon.

The lawsuit against MAHA alleges that MAHA and Defendant Figueroa violated the Consumer Fraud Act by misrepresenting the nature and value of the MAHA program, which MAHA advertises exclusively in Spanish language media and sells in face-to-face meetings in MAHA’ office and at several “retail outlets” in Phoenix and Tucson, including at the office of La Placita.  The lawsuit alleges that MAHA salespersons tell potential clients that MAHA can help them obtain specific, favorable mortgage modifications, including lower interest rates and principal reductions.  After homeowners pay MAHA nearly $1,900, homeowners discover that the MAHA program is nothing more than a do-it-yourself program, allowing them access to various standardized forms and information on MAHA’s website; forms and information that are available for free on government websites, such as www.makinghomeaffordable.gov.  The lawsuit also alleges that MAHA uses dozens of fake consumer testimonials on its website and that MAHA charges its clients a fake sales tax of 9.3%.

The lawsuit against La Paz Source and La Placita alleges that La Paz Source, LLC was an Arizona LLC who advertised as providing foreclosure consultant services.  Consumers have reported that La Paz Source, LLC promised to stop the foreclosure process, obtain loan modifications for its consumers and communicate with lenders/servicers on behalf of its clients.  As La Paz Source, LLC, the Defendants allegedly claimed they were authorized to conduct such business in Arizona when they were not duly licensed to conduct their business here.  Oftentimes, La Paz Source charged very large upfront fees, which were prohibited by state and federal law, and then failed to provide the mortgage loan modification services required to earn those fees.  In some cases, the clients lost their homes in the process.

In November of 2011, Defendants Beltran and Ramos dissolved La Paz Source, LLC.  The same day that the Defendants dissolved La Paz, Beltran and Arturo Gomez Leon started La Placita which also held itself out as being a provider of mortgage loan modification services to Arizona consumers.

The Defendants deceptively and willfully target the Spanish-speaking community in Arizona to obtain a benefit through the exploitation of the consumers’ Spanish/English language barrier.  The Defendants provide contracts written only in English.  Many times, the Defendants verbally explain terms of the agreement to consumers, in Spanish, that are in direct contradiction to the written provisions of the contract provided in English.

The La Paz and La Placita Defendants now claim to have changed their business model to that of a retail outlet for MAHA.  The complaint further alleges: the Defendants continue falsely to guarantee consumers that the Defendants’ services will result in foreclosure prevention and a favorable loan modification; the Defendants hold themselves out to the community as experts in mortgage loan modifications and use deceptive means to lure distressed homeowners into parting with hundreds or thousands of dollars, then the Defendants take their money without providing the efficacy, nature, or kind of services for which the consumer bargained; and that the Defendants charge consumers a fee they call a “sales tax,” but those monies are not remitted to the Arizona Department of Revenue.  Furthermore, the Defendants represent that they are compliant with state and federal laws when they routinely violate the FTC M.A.R.S. rule banning upfront fees for mortgage assistance relief services.

These cases are being handled by Assistant Attorneys General Cherie Howe and Jeremy Shorbe.  The cases are State of Arizona v. Making All Homes Affordable, et al., Maricopa County Superior Court case number CV2012-011000 and State of Arizona v. La Paz Source, LLC et al., Pima County Superior Court number C20124738.

If you believe you’ve been a victim of any type of consumer fraud, please contact the Arizona Attorney General’s Office Consumer Information & Complaints Unit at (602) 542-5763 / (520) 628-6504 / (800) 352-8431.

You can also file a consumer complaint online at: www.azag.gov/consumer/complaintform.html


08.01.12

Dear School Administrators/Owners:
New Broker Management Clinic guidelines/clarifications effective August 1, 2012 as follows:

  • New Substantive Policy Statements No. 2012.01: Broker Management Clinic Course/Instructor Requirements, click here to view.
  • New Broker Management Clinic (BMC) Frequently Asked Questions (FAQs)
  • Course Approval
    • The Application for Certificate of Course Approval (Form ED-102) is modified based on legislation (House Bill 2357) effective 1/1/2013 and adopted recommendations from the Broker Management Clinic Stakeholder Committee.  Click here to view the recently modified application and detailed qualifying criteria for approval.  Applications will only be accepted using this form.
  • Instructor Approval
    • The Real Estate Instructor Approval/Renewal/Change Application (Form ED-101) is modified based on legislation (House Bill 2357) effective 1/1/2013 and adopted recommendations from the Broker Management Clinic Stakeholder Committee.  Please click here to view the application and note the detailed qualifying criteria for approval.  Applications will only be accepted using this form.

Please be sure to distribute this information to your BMC instructors and students.

Commissioner Lowe extends her sincere gratitude to the legislative group, the Real Estate Advisory Board and the BMC Stakeholder Committee for their time and work with the new legislation related to the Broker Management Clinic (BMC).  The time and dedication given by this multi-talented group of professionals exemplifies their support of ADRE’s mission to increase the knowledge level and raise the bar, through education of the real estate licensee.  These groups also recognized the important obligation to promoting professionalism and consumer protection!  ADRE looks forward to reviewing the new BMC course and instructor applications!


06.20.12

The Arizona Department of Real Estate has been notified by the Phoenix Police Department of the following information:

Chris Buckley's agent information is being used to set up showings, and then the suspect burglarizes the home.

So far, it appears the suspect has struck twice recently.  Once in Phoenix and once in Gilbert, last week.

Phoenix Police Department is asking Realtors to confirm showings with Chris, before giving out lock box codes.

If it is determined the showing was not actually set up by Chris Buckley, the agent should contact the police department in the jurisdiction the victim lives in.  Crime Stop (Phoenix PD's non-emergency #) is 602-262-6151.  They will be able to help the agent get in touch with the proper police department, if needed.

Any questions should be directed to the Phoenix Police Department.


06.15.12

Disciplinary Action:

Cease and Desist Order and Notice of Right to Request Hearing:
On June 15, 2012, the Arizona Department of Real Estate (ADRE) issued a Cease and Desist Order and Notice of Right to Request a Hearing to licensee Mary Riordan Karlsson (“MKarlsson”), Sven Karlsson (“SKarlsson”), an unlicensed individual; and Properties R Us, LLC dba Properties R Us (PRU), holder of license number LC631292000.

On or about May 6, 2010, the Department issued real estate salesperson’s license SA636357000 to MKarlsson.  That license expires on May 31, 2014 and is currently Inactive.  At all applicable times, MKarlsson was employed as a salesperson by PRU.

On or about September 15, 2006, the Department issued real estate broker entity license LC631292000 to PRU.  That license expires on October 31, 2012 and is currently Inactive.

From April 5, 2011 through November 4, 2011, Shari C. Baze, holder of license number BR533001000 (“Baze”), was employed as the Designated Broker for PRU.  From November 2011 through May 29, 2012, Franklin H. Nicholson, holder of license number BR530976000 (“Nicholson”), was employed as the Designated Broker for PRU.

Basis for Action:
On or about October 3, 2011, Department staff conducted an onsite audit of PRU.  The audit period was from April 5, 2011 through October 3, 2011.  The results of the audit found the following deficiencies and/or violations:

  • PRU failed to maintain adequate transaction logs.
  • PRU failed to maintain purchase contracts and lease logs in a chronological or other systematic method.
  • PRU failed to maintain a log of all sales transactions for at least five (5) years.
  • PRU failed to maintain property management financial records for at least three (3) years.
  • PRU failed to produce all documents and records in possession of PRU as requested for the audit.
  • Computerized trust account records were not kept in a manner allowing Baze to reconstruct all transactions.
  • Reconciliations for three (3) trust accounts did not balance to client ledgers, with the following shortages:
    1. ($30,323.61)
    2. ($1,699.58)
    3. ($3,275.00)

On May 21, 2012, Department staff conducted a follow-up onsite audit of PRU.  The audit period was from November 2011 through May 2012.  The results of the audit found the following deficiencies and/or violations:

  • Funds deposited into the broker trust accounts are not being used only for the purpose for which the monies were deposited as required by Arizona Revised Statutes (“A.R.S.”) §32-2151 (B)(1).
  • Broker failed to maintain a trust fund account reconciliation and/or client ledger balance on a monthly basis as required by A.R.S. §32-2151 (B)(2).
  • Licensee has commingled the money or other property of the licensee's principal or client with the licensee's own or converted that money or property to the licensee or another, in violation of A.R.S. §32-2153 (A)(16).
  • Not all property management accounts are designated as trust accounts and include the descriptive wording as required by A.R.S. §32-2174 (A).
  • The audit found that PRU failed to maintain all monies held on behalf of clients and tenants in broker trust accounts, resulting in a shortage in the broker trust account of $336,316.71 and failed to protect the interest of clients and tenants by not holding sufficient funds in the broker trust account to cover monies due to owners and tenants.

Violations:

  • PRU, MKarlsson and SKarlsson, through actions described in the Findings of Facts, commingled the money or other property of the licensee's principal or client with the licensee's own or converted that money or property to the licensee or another, in violation of A.R.S. §32-2153 (A)(16).
  • PRU and MKarlsson, through actions described in the Findings of Fact, demonstrated negligence and incompetence in performing any act for which a license is required, in violation of A.R.S. §32-2153 (A)(22) and (B)(8).
  • PRU and MKarlsson, through actions described in the Findings of Fact, disregarded or violated provisions of Title 32, Chapter 20, Arizona Revised Statutes and Title 4, Chapter 28, Arizona Administrative Code, in violation of A.R.S. §32-2153 (A)(3).
  • Baze and Nicholson, as licensed brokers and Designated Brokers for PRU, failed to exercise reasonable supervision over the activities of salespersons, associate brokers or others under the broker’s employ or failed to exercise reasonable supervision and control over the activities for which a license is required of a corporation, limited liability company or partnership on behalf of which the broker acts as designated broker under Section 32-2125, in violation of A.R.S. §32-2153 (A)(21) and A.A.C. R4-28-1103.

As a result of the violations stated, PRU, MKarlsson and SKarlsson have been issued a Cease and Desist Order by the Arizona Department of Real Estate.  Click here to view the order.

Click here to view a letter from Commissioner Judy Lowe.


06.05.12

Message Center Informational Alert:

The Arizona Department of Real Estate is always striving to offer the most efficient and timely service to licensees, educators and consumers.  We wanted to take this opportunity to make you aware of the most recent change that will increase the effectiveness of the process by which email inquiries and application submissions are received and processed.  ADRE is converting from using individual email addresses (such as licensings@azre.gov and licenseeupdates@azre.gov and entityupdates@azre.gov, ect.) to a ‘Message Center’.  When sending inquiries or applications to ADRE, you may now do so by:

  • Going to the homepage, www.azre.gov
  • Click on the link in the gray box that notes ‘Message Center’.  This will take you to one page with instructional links to each department.
  • Please note, if you send an email to one of the individual addresses you will receive an actionable bounce back message with a link to the appropriate ‘Message Center Subject’.
  • If you are a licensee, you may also access the ‘Message Center’ through the on-line system when you log-in.

05.17.12

The Arizona-Mexico Commission Real Estate Committee
Promoting Sonora and Arizona Region as
the “Best Value”
Cross Border Real Estate Symposium


Marriott Starr Pass, Tucson, Arizona
June 6, 2012, 9:00am — 3:00pm


Program Includes:

  • Benefits to International Relationship
  • Understanding Real Estate Licensure in Arizona & Sonora
  • Taxation of Real Estate - Arizona and Sonora
  • State of the Real Estate Market - Arizona / Sonora
  • Approved for Arizona Continuing Education Hours (3 hours Commissioner’s Standards; 3 hours Legal Issues).  Continuing Education Hours being applied for Sonora.

Cost—$40.00 (includes lunch)


Don’t Miss this Great Event!
TO REGISTER GO TO
www.azmc.org


For information on AMC or registration related questions please contact Lorena Rueda or Alec Thomson at the Arizona Mexico Commission at (602)542-1370.  For information on the Symposium Day contact Sarah Dobbins at sdobbins@azre.gov.


*** Please note that AMC is experiencing technical difficulties with their website at this time.  If you receive an error message after you register, please disregard this message.  Your registration and payment was processed.  If you would like confirmation or a receipt, please contact Lorena Rueda at (602) 542-1358 or lrueda@az.gov. ***


Thank you to our Sponsors!
Jennings Strouss Attorneys At Law
and
Heritage Bank


04.11.12

Summary of activity since January, 2012:

  • 23 Cases closed that were found in ‘Substantial Compliance’
  • 9 Actions taken by the Enforcement & Compliance Division
  • 8 Pending Cases in Enforcement & Compliance
  • 14 Cases pending completion by Auditing
  • 2 referred to the Attorney General’s Office
  • 1 Case closed due to the death of the Broker/ Responsible Party
  • 11 Trust Account Deficiencies equaling a total of $1,620,315.76

Disciplinary Action

1.  Cease & Desist Orders

  • On March 15, 2012, the Arizona Department of Real Estate (ADRE) issued a Cease and Desist Order and Notice of Right to Request Hearing to SHOWHOMES - East Valley, an unlicensed entity.  Showhomes - East Valley (“Showhomes”) is an unlicensed entity and franchise providing” property managers” (tenants) to live in houses until the houses can be sold.&nbdp; Janelle Joyce, holder of real estate license number SA63579600, is the owner of this Showhomes franchise.  It was found that Showhomes is conducting real estate services for compensation in Arizona without a real estate license.  Showhomes, through actions described, conducting real estate activities in Arizona without holding a license to do so, is in violation of A.R.S. §32-2153 (B)(6).  Thus, it has been ordered that Showhomes immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly within the State of Arizona, without first complying with all applicable laws and rules.  (Click here to see the order).
  • On March 15, 2012, the Arizona Department of Real Estate (ADRE) issued a Cease and Desist Order and Notice of Right to Request Hearing to Showhomes – Scottsdale, an unlicensed entity; Dana Reynolds and Krizia Cardenas, unlicensed individuals.  Showhomes – Scottsdale (“Showhomes”) is an unlicensed entity and franchise business providing “property managers” (tenants) to live in houses until the houses can be sold.  Dana Reynolds (‘Reynolds”) is an unlicensed individual and owner of this Showhomes franchise.  Krizia Cardenas (“Cardenas”) is an unlicensed individual and Operations Manager of this Showhomes franchise.  It was found that Showhomes, Reynolds and Cardenas are conducting real estate services for compensation in Arizona without real estate licenses.  The actions described, conducting real estate activities in Arizona without holding a license is in violation of A.R.S. §32-2153 (B)(6).  Thus, it has been ordered that Showhomes, Reynolds and Cardenas immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  Click here to see the order.
  • On March 19, 2012, the Arizona Department of Real Estate issued a Cease & Desist and Notice of Right to Request Hearing to Patricia Eileen Solo (PSolo), holder of license number BR577957000; Randall L. Solo (RSolo), holder of license number SA586475000; and Solo Properties, LLC dba Solo Properties, holder of license number LC578836000.  It was found that PSolo and Solo Properties failed to maintain all monies held on behalf of clients and tenants in broker trust accounts, resulting in a shortage in the broker trust account of $86,303.93 and failed to protect the interest of clients and tenants by not holding sufficient funds in the broker trust account to cover monies due to owners and tenants.  It was found that PSolo, RSolo and Solo Properties are in violation of A.R.S. §32-2153 (A)(1), (A)(3), (A)(16), (A)(18), (A)(21), (A)(22) and (B)(8); therefore it was ordered that PSolo, RSolo and Solo Properties immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  Click here to see the order.
  • On March 19, 2012, the Arizona Department of Real Estate issued a Cease & Desist Order and Notice of Right to Request Hearing to Cusac Property Management, LLC (CPM) an unlicensed entity and Irma Dolores Cusac, holder of salesperson’s license SA624040000.  It was found that CPM and Cusac were conducting real estate services for compensation in Arizona without a real estate broker’s license and have employed unlicensed individuals to conduct real estate activities and are in violation of A.R.S. §32-2153 (A)(6), (A)(7), (A)(8), (A)(10), (A)(22), (B)(6) and (B)(8).  Therefore it was ordered that CPM and Cusac immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  Click here to see the order.
  • On March 19, 2012, the Arizona Department of Real Estate issued a Cease and Desist Order and Notice of Right to Request Hearing to Kelli A. Lake (“Lake”), holder of license number BR539870000 and 1st Place Realty (1PR), LLC holder of license number LC513412000.  It was found that Lake and 1PR failed to maintain all monies held on behalf of clients and tenants in broker trust accounts, resulting in a shortage in the broker trust account of $58,284.59 and failed to protect the interest of clients and tenants by not holding sufficient funds in the broker trust account to cover monies due to owners and tenants.  Lake and 1PR were found in violation of A.R.S. §32-2153 (A)(3), (A)(18), (A)(21), (A)(22) and (B)(8).  Therefore it was ordered that Lake and 1PR immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  Click here to see the order.
  • On March 19, 2012, the Arizona Department of Real Estate issues a Cease and Desist Order and Notice of Right to Request Hearing to Nancy Ann Keupp (Keupp), holder of license number BR025853000 and Casa Vista Properties (CVP), Inc., holder of license number CO540744000.  It was found that Keupp and CVP failed to maintain all monies held on behalf of clients and tenants in broker trust accounts, resulting in a shortage in the broker trust account of $235,575.67 and failed to protect the interest of clients and tenants by not holding sufficient funds in the broker trust account to cover monies due to owners and tenants.  Keupp and CVP were found in violation of A.R.S. §32-2153 (A)(3), (A)(16), (A)(18), (A)(21), (A)(22) and (B)(8).  Therefore it was ordered that Keupp and CVP immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.  Click here to see the order.

2.  Order of Summary Suspension and Notice of Opportunity for Hearing

  • On February 29, 2012, ADRE issued an Order of Summary Suspension and Notice of Opportunity for Hearing to Monty Kent Dyke, holder of license number SA513164000 (set to expire on April 30, 2013, currently inactive).  On February 17, 2012, Dyke was found guilty of theft, a class 6 felony, in Maricopa County Superior court.  Dyke failed to timely notify the Department of the conviction as required by A.A.C. R4-28-301 (F) and A.A.C. R4-28-303 (D).  Dyke was found in violation of A.R.S. §32-2153 (A)(3), (B)(2), (B)(5), (B)(7), (B)(10).  Grounds exist to summarily suspend Respondent’s salesperson’s license in accordance with A.R.S. §§32-2157(C); 32-2153 (A)(3) (B)(2), (B)(5), (B)(7), (B)(10) and 41-1092.11 (B).  Click here to see the order.
  • On March 1, 2012, ADRE issued an Order of Summary Suspension and Notice of Opportunity for Hearing to Cindy Annette Qualtiere, holder of license number SA035475000 (license expires May 31, 2013 and is currently inactive).  On or about January 9, 2012, Respondent was found guilty of criminal impersonation, a class 6 felony, in Maricopa County Superior Court.  This conduct constitutes grounds for the summary suspension of Respondent’s salesperson’s license.  Qualtiere was found in violation of A.R.S. §32-2153 (B)(2), (B)(5), (B)(7), (B)(10), (A)(3).  Grounds existed to summarily suspend Respondent’s salesperson’s license in accordance with A.R.S. §§32-2157 (C); 32-2153 (A)(3), (B)(2), (B)(5), (B)(7), (B)(10) and 41-1092.11(B).  Click here to see the order.
  • On March 6, 2012, ADRE issued an Order of Summary Suspension and Notice of Opportunity for Hearing to Susan Ina Levy, holder of license number SA116946000 (employed by Bluebonnett Ventures LLC dba Keller Williams Southern Arizona).  On or about February 28, 2012, Levy was found guilty of False Statement to Obtain a HUD insured loan, a class E felony offense, in the U.S. District Court, District of Arizona. Levy was found in violation of A.R.S. §32-2153 (B)(2), (B)(3), (B)(5), (B)(7), (B)(10).  Grounds existed to summarily suspend respodent’s salesperson’s license in accordance with A.R.S. §§32-2157 (C);32-2153 (A)(3) (B)(2), (B)(3), (B)(5), (B)(7), (B)(10) and 41-1092.11 (B).  Click here to see the order.
  • On March 12, 2012, ADRE issued an Order of Summary Suspension and Notice of Opportunity for Hearing to Mario A. Tovar, holder of license number SA115605000 (currently inactive; set to expire on January 31, 2013).  On or about February 28, 2012, Tovar was found guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs, a class 4 felony offense, in the Superior Court of Arizona, Maricopa County.  Tovar was found in violation of A.R.S. §32-2153 (A)(3), (B)(2), and (B)(7).  Grounds existed to summarily suspend Respondent’s salesperson’s license in accordance with A.R.S. §§32-2157 (C); 32-2153 (A)(3) (B)(2), (B)(7) and 41-1092.11 (B).  Click here to see the order.
  • On March 22, 2012, ADRE issued an Order of Summary Suspension and Notice of Opportunity for Hearing to Jorge Alejandro Vega, holder of license number BR107459000 (employed as an Associate Broker for Heritage Oracle LLC dba 1st Heritage Realty).  On or about March 2, 2012, Vega was found guilty of Failure to Report Monetary Instruments, a class D felony offense, in the U.S. District Court, District of Arizona.  Vega was found in violation of A.R.S. §32-2153 (B)(2), (B)(5), (B)(7), (B)(10).  Grounds existed to summarily suspend Respondent’s Broker’s license in accordance with A.R.S. §§32-2157 (C); 32-2153 (A)(3) (B)(2), (B)(5), (B)(7), (B)(10) and 41-1092.11 (B).  Click here to see the order.
  • On March 26, 2012, ADRE issued an Order of Summary Suspension and Notice of Opportunity for Hearing to Christopher A. Vining, holder of license number SA631894000 (set to expire on June 30, 2013, currently inactive).  On or about March 16, 2012, Vining was found guilty of driving or actual physical control while Under the influence of intoxicating liquor or drugs, a class 1 misdemeanor; resisting arrest, a class 6 felony; and endangerment, a class 6 felony, in the Superior Court of Arizona, Maricopa County.  Vining was found in violation of A.R.S. §32-2153 (B)(2), (B)(7), (B)(10), (A)(3).  Grounds existed to summarily suspend Respondent’s salesperson’s license in accordance with A.R.S. §§32-2157 (C); 32-2153 (A)(3) (B)(2), (B)(7), (B)(10) and 41-1092.11.  Click here to see the order.

3.  Final Orders

  • In the matter of the Real Estate Salesperson’s License of Bryan T. Prehoda, holder of license number SA542962000, it was ordered that Prehoda be assessed a civil penalty, due and payable within thirty days of the entry of the order, March 22, 2012.  Click here to see the order.
  • In the matter of the Real Estate Salesperson’s License of Martha Diane Dale, holder of license number SA522420000, it was ordered that Dale provide acceptable written proof of completion of any delinquent CE to the ADRE Compliance Officer within thirty days of the entry of this order.  It is further ordered that, within sixty days of the effective date of this order, Dale shall pay to ADRE a civil penalty. Date of order, March 22, 2012.  Click here to see the order.
  • In the matter of the Real Estate Salesperson’s License of Lakisha L. Al-Saadi, holder of license number SA568061000, it was ordered that the November 9, 2011 Order of Summary Suspension in this matter is affirmed.  It is further ordered that the real estate salesperson’s license number SA568061000 issued to Lakisha L. Al-Saadi is revoked.  Order date, March 22, 2012.  Click here to see the order.
  • In the matter of the subdivision of Fred Barker, L. James Martin Esq.; Charles S. Rouse; Joy A Rouse; Curtis Cooper and John Steven Carpenter, unlicensed individuals and Arizona Holdings, LLC and Desert Land Holding Co, LLC, unlicensed entities, it is ordered that the Cease and Desist Order issued to Petitioners is upheld and in effect until such time as the above mentioned Petitioners have complied with all of the State’s subdivision laws, including obtaining a public report for the parcels addressed in the Cease and Desist Order that are still owned by Petitioners.  It was further ordered that Arizona Holdings and Fred Barker are assessed jointly and severally a civil penalty to be paid to ADRE within thrity days of the effective date of the order.  It was also ordered that Desert Holding Land Co. LLC is assessed a civil penalty to be paid to ADRE within thirty days of the effective date of the order. Order date, March 5, 2012.  Click here to see the order.
  • In the matter of the Real Estate Salesperson’s license of James Scott Hanson, holder of license number SA575373000, it was ordered that the real estate salesperson’s license number SA575373000 issued to James Scott Hanson be revoked.  Order date, March 1, 2012.  Click here to see the order.
  • In the matter of the Real Estate Broker’s license of John Michael Tomkins, holder of license number BR553073000, it was ordered that Tomkins be assessed a civil penalty due and payable within thirty days of the entry of the order.  Order date, March 15, 2012.  Click here to see the order.
  • In the matter of the Real Estate Salesperson’s license of Troy A. Somers, holder of license number SA517976000, it was ordered that the license renewal application, pending receipt of a valid and current Fingerprint Clearance Card, for Troy A. Somers is hereby approved.  It was further ordered that within sixty days of the effective date of the order, Somers shall pay the Department a civil penalty.  Order date, March 13, 2012.  Click here to see the order.

03.08.12

Cease and Desist Order and Notice of Right to Request Hearing-

On March 7, 2012, the Arizona Department of Real Estate issued a Cease and Desist Order and Notice of Right to Request Hearing to Ana Margaret Delgado, holder of license number BR534834000 and to Valley View Realty, LLC dba Valley View Realty, holder of entity license number LC586495000.

It was found that:

  • Delgado and Valley, through actions described in Facts, failed, within a reasonable time, to account for or to remit any monies, to surrender to the rightful owner any documents or other valuable property coming into the licensee’s possession and that belongs to others, in violation of A.R.S. §32-2153(A)(9).
  • Delgado and Valley, through actions described in Facts, comingled the money or other property of the licensee’s principal or client with the licensee’s own or converted that money or property to the licensee or another, in violation of A.R.S.§32-2153 (A)(16).
  • Delgado and Valley, through actions described in the Findings of Facts, to maintain a complete record of each transaction which comes within this chapter, in violation of A.R.S. §32-2153(A)(18).
  • Delgado and Valley, through actions described in the Findings of Facts, demonstrated negligence and incompetence in performing any act for which a license is required, in violation of A.R.S.§32-2153(A)(22) and (B)(8).
  • Delgado and Valley, through actions described in the Findings of Facts, disregarded or violated provisions of Title 32, Chapter 20, Arizona Revised Statutes and Title 4, Chapter 28, Arizona Administrative Code, in violation of A.R.S.§32-2153(A)(3).

Therefore, it was ordered that Delgado and Valley immediately cease and desist from engaging in any real estate activity , as defined by A.R.S. §32-2101 et, seq., in any capacity whatsoever, directly or indirectly, within the State of Arizona, without first complying with all applicable laws and rules.

Click here to view the full order.


03.07.12

To School Administrators/Owners,

Communications with the Arizona Department of Real Estate (ADRE) will soon be modified using today’s enhanced e-mail communication technology, and to conform with the ADRE’s new web-based messaging system.  Each time an email is sent to the Education Division, the sender will enter specific field information such as name, e-mail, telephone number and a brief message, and may also send attachments.  Eventually, this email system will be integrated with the Online Education System so Schools will simply log-in and click a link to send an email to the Education Division without the need to re-enter the specific field information each time.

Fingerprint Clearance Card -

  • The Fingerprint Clearance Card Fee will be reduced by the Arizona Department of Public Safety effective March 19, 2012 from $69.00 to $67.00 for license candidates under the “paid employee applicant” type for purposes of real estate licensure.  Please correct all information/applications that state old fees.
  • Remember that new broker applicants that hold/held an Arizona salesperson or previous broker license prior to application must submit a current Fingerprint Clearance Card.  Please make sure to include broker prelicensure students when providing this information to all prelicense students to allow adequate time to apply for and obtain the Fingerprint Clearance Card.

School/Course/Instructor Renewal – Renewal applications may NOW be filed up to 90 days in advance to allow the ADRE adequate time to completely review applications prior to expiration, especially for distance learning course renewals.

Form Updates – The following Education forms have recently been updated with minor clarifications, click on listed links to view:

New Testing Location – Pearson VUE has another test location in Tucson at:

Pearson Professional Centers
5210 East Williams Circle
Merrill Lynch Building, Suite 722
Tucson, AZ  85711

Reminders

  • 14-Day Course Notices – Original sponsoring schools must be sure to properly schedule the course event location in the 14-Day Notice pursuant to A.R.S. § 32-2135 especially if the course is held at a location other than the school location.
  • Out-of-State Courses - A.R.S. § 32-2135(I) provides that the ADRE may approve for continuing education credit any course of study proposed by a real estate school if the course satisfies the commissioner’s requirements and is held outside this state.  Upon request by the ADRE, the school shall either:
    • Provide the ADRE with a videotape or videotapes of the course
    • Make arrangements that are approved by the ADRE for monitoring the course
  • Filing Scanned Applications with ADRE - In addition to the online services ADRE currently provides, candidates and license applicants (Salesperson/Broker/Entities) can save time, money, energy, and gas by submitting applications to ADRE by scanning and emailing the information.  Click here to learn more details about this option!

Consent Orders Issued -

On February 6, 2012, the ADRE entered into a Consent Order with Bud Crawley, against the real estate broker’s license BR009702000 held by Bud Crawley and against the real estate school certificate no. P-310 held by Bud Crawley Real Estate School.  The order can be viewed through the ADRE’s website at services.azre.gov/publicdatabase/DetailOrder.aspx?Id=6560.

On February 22, 2012, the ADRE entered into a Consent Order with Ivan M. Kobey, against the real estate broker’s license BR014452000 held by Ivan M. Kobey, Administrator for Educational Systems, LLC real estate school certificate no. S07-0018.  The order can be viewed through the ADRE’s website at services.azre.gov/publicdatabase/DetailOrder.aspx?Id=6660.


02.23.12

Order of Summary Suspension and Notice of Opportunity for Hearing--

On February 22, 2012, The Arizona Department of Real Estate (ADRE) issued an Order of Summary Suspension and Notice of Opportunity for Hearing to Joseph Edward Shopper (“Respondent”), holder of license number BRO12469000.  It was determined that Shopper has violated the provisions of the Arizona Revised Statutes (“A.R.S.”), title 32 as set forth, and finds that the public health, safety, and welfare require emergency action pursuant to A.R.S. §§ 32-2153 and 32-2157.

It was found that Shopper has violated A.R.S. §32-2153 (B)(2), (B)(5), (B)(7), (B)(10).

Pursuant to A.R.S. §§32-2157(C) and 41-1092.11(B), the conduct set forth in the Factual Findings warrants an immediate suspension of “Respondents” Broker’s license.

Click here to view the Order.


02.01.12

ATTENTION- Take care of your ADRE business early- Don’t wait until Due Date.

ADRE has been notified of an upcoming SRP construction project to improve the electrical service in our area.  This project is currently in the process of being scheduled.  It is tentatively scheduled to start the week of January 30, 2012.

SRP is indicating that they expect many outages on this job since crews will be unable to feed customers from another direction; however, at this time SRP will notify businesses in advance of any planned outage.  Residents will receive notification of an outage longer than 15 minutes.

It is therefore critical that licensees be pro-active in getting their ADRE online transactions completed timely and not postpone until the “last minute”.


01.19.12

DISCIPLINARY ACTIONS-

  1. Property Management and Unlicensed Activity-Cease & Desist Order

    ADRE issued a Cease and Desist Order and Notice of Right to Request Hearing on January 13, 2012 to Primary Residential Management, LLC (PRM), a licensed entity and Snowball Investments, LLC (SNI), an unlicensed entity.  Click here to view the C&D Order.
  2. Order of Summary Suspension and Notice of Opportunity for Hearing

    On or about January 11, 1993, the Department issued a real estate broker’s license BR009310000 to Kevin Neal Ross.  That license expires on February 28, 2013.  Mr. Ross is currently employed as the Designated Broker for Primary Residential Management, LLC, holder of license LC557639000 (“PRM”).

    In December 2011, Department staff conducted an onsite audit of PRM.  The audit period was from June 2011 through November 2011.  The results of the audit found the following deficiencies and/or violations:
    • Funds from the broker trust account were not used only for purposes for which the monies were deposited as required by A.R.S. 32-2161(B)(1).
    • The broker has not retained a complete record of all money received in accordance with Generally Accepted Accounting Principles as required by A.R.S. 32-2151(B)(2).
    • The broker’s records do not include descriptive receipts and disbursement journal and client ledger for each transaction as required by A.R.S. 32-2151(B)(2).
    • Journals and clients ledgers are not in balance with each other and the audit as required by A.R.S. 32-2151(B)(2).
    • The broker has not maintained trust account bank reconciliation and client ledger balances on a monthly basis as required by A.R.S. 32-2151(B)(2).
    • The broker has not kept computerized records in a manner allowing reconstruction in the event of destruction of electronic data as required by A.R.S. 32-2151(B)(2).
    • Funds from the broker trust account appeared to be commingled with other funds belonging to the broker.
    • Property management accounts did not include descriptive wording properly designating the trust account as a property management trust account as required by A.R.S. 32-2174(A).  A review of the bank statements provided showed the account labeled as: “Snowball Investments, LLC dba Primary Residential Management, LLC Investor Trust”
    • The audit found that Ross failed to maintain all monies held on behalf of clients and tenants in a broker trust account, resulting in a shortage in the broker trust account of $794,791.70.
    • Documents submitted to Department staff only included bank statements.  Ross did not provide any reconciliations, client ledgers or other supporting documents.
    • On or about February 24, 2011, Ross submitted an electronic Broker Audit Declaration on behalf of PRM.  At that time, Ross answered “Yes” to the following:
      • Trust account Journals and Client Ledgers are in balance with each other and are reconciled monthly with bank statements.
      • Trust account records include a properly descriptive Receipts and Disbursement Journal and Client Ledger for each transaction.
    • During the December 2011 audit, Department staff was provided copies of the February 2011 broker trust account statement, which indicated shortages in February of 2011.  Ross, when asked by Department staff about the “Yes” answers to the questions involving the broker trust account, stated he was ordered to submit falsified documents and data by Richard Juhasz, the manager/member of Snowball Investments, LLC.
    • Ross provided false, misleading or incomplete answers to the Department with regards to the February 25, 2011 Broker Audit Declaration.
    • Ross, as the Designated Broker for PRM, failed to exercise reasonable supervision and control over the activities for which a license is required of a corporation, limited liability company or partnership on behalf of which the broker acts as designated broker.

Grounds exist to summarily suspend Ross’s broker’s license in accordance with A.R.S. §§ 32-2157(B), 32-2153(A)(3), (A)(16), (A)(17) (A)(18), (A)(21), (A)(22), (B)(3), (B)(7),(B)(10)and 41-1092.11(B).  Ross’s real estate broker’s license number BR009310000 is hereby summarily suspended.  If Ross does not request a hearing to contest the Factual Findings, Ross’s license shall remain suspended unless and until reinstated or until said license expires by operation of law.  The Order of Summary Suspension and Notice of Opportunity for Hearing was signed by Commissioner Judy Lowe on January 13, 2012.

Click here to view a letter from Commissioner Judy Lowe.


12.20.11

THIS ALERT IS BEING SENT TO ALL LICENSEES (active and inactive).

To accommodate the end of month renewals since 12/31/2011 falls on a Saturday and the following Monday is a State holiday, Licensing will only honor December renewals that are filed in person at the front counter as timely filed on Tuesday, 1/3/2012 by close of business.

Renewal filings by mail, email or facsimile must be post marked or time date-stamped by 12:00 p.m. on 12/31/2011.

All online renewals must be completed by 12:00 p.m. on 12/31/2011.

All applicants shall;

  • Input all CE credits into online system* (Important: see below)
  • Submit the Renewal form LI-243
  • Submit the Disciplinary Actions Disclosure form LI-214/244
  • May need Proof Of Residency, please check record to assist customer (If name on POR does not match record, contact Licensing)
  • Designated and Self-Employed Brokers - Complete the Broker’s Self Audit Declaration.

All applicants must pay the in office fee;

  • Sales Agents = $210.00
  • Brokers = $420.00
  • Designated and Self-Employed Brokers with Branch Offices - An additional $200.00 per branch office

*ADRE has taken the position that renewals filed in person at the front counter for the 12/31/2011 expiration date that are timely submitted on 1/3/2012 will be considered complete and timely even though they may contain CE that was completed after the expiration date between 1/1/2012 and 1/3/2012.  So ADRE will not pursue the fact that the CE courses were taken after the expiration date.


12.16.11

To School Administrators/Owners,

The Expedited Instructor Approval Application (Form ED-103) has recently been modified and will be required effective December 19, 2011.  The most significant change is the new requirement for authority from the primary sponsoring school for any changes filed by a secondary school for a particular instructor.  The change types are clearly specified toward the top of the application.  For a long time, primary sponsor schools have gone without knowing where and what courses the instructors they sponsor are teaching at other approved schools.  Remember, the ED-101 Instructor Application is to be attested to and submitted by the instructor's primary sponsor school for original application, renewal, and the addition of category and/or subject areas.  Click here to view the revised ED-103 application.

Remember, effective January 1, 2012, original and renewal instructor applicants other than an attorney or out-of state instructor, shall hold a certificate of attendance at a minimum three (3) hour professional seminar or workshop, approved by the ADRE, emphasizing instruction methods, techniques and skills within the previous twenty-four (24) months. A.R.S. § 32-2135(K)  Contact the Education Division to inquire about upcoming approved seminars or workshops at education@azre.gov.

Reminders - Make your advertising responsibilities and policies known to instructors and industry groups to avoid the consequences of courses licensed to your school being advertised out of compliance.  We highly recommend that schools not give out their password and login information to the Online Real Estate School System to instructors or any other parties, especially for entering course events to the online notification without the knowledge of the school and/or administrator.

Wishing You and Yours the Happiest of Holidays!


11.10.11

  1. ADRE Fees-
    Effective November 3, 2011, the ADRE Fees have been modified.  Click here for the newest fee schedule.
  2. Revocation of License-
    Pursuant to A.A.C. R4-28-1304, a party that fails to file an answer within the time provided shall be deemed to be in default and the Department may file an Affidavit of Default against the party, and proceed to take action against the party based upon the allegations of the charges.  The action may be taken before the hearing date established in the Notice.

    Findings of Fact-
    • Notice was proper.
    • Respondent is in default.
    • The allegations in the Notice are deemed admitted.

    Respondents failed to comply with the requirements for licensure as set forth in A.R.S. §32-2130(A) and are found in Default as pursuant to A.A.C.R4-28-1304.
    • Respondent John B. Amos - License Number BR011219000 - License Revoked: November 8, 2011
    • Respondent Christopher D. Farris - License Number SA573683000 - License Revoked: November 8, 2011
    • Respondent Scott Gunshore - License Number SA573335000 - License Revoked: November 8, 2011
    • Respondent Kenneth J. Hardy - License Number BR01263000 - License Revoked: November 8, 2011
    • Respondent Sandra L. Salazar - License Number SA573884000 - License Revoked: November 8, 2011
    • Respondent Laurence F. Scott - License Number BR012190000 - License Revoked: November 8, 2011
    • Respondent Ellen B. Stickney - License Number SA548529000 - License Revoked: November 8, 2011

10.28.11

Order of Summary Suspension Issued-
The Arizona Department of Real Estate announced that effective October 17, 2011 an Order of Summary Suspension and Notice of Opportunity for Hearing was issued against Barry Thomas Jordan (Respondent), holder of license number SA02454800.  The suspension is effective immediately.

Factual Findings-

  1. On or about January 16, 2009, the Department issued original salesperson’s License Number SA024548000 to Respondent.  That license expires on January 31, 2012 and is currently Inactive.
  2. On or about January 29, 2009, Respondent was charged with Child Prostitution, Maricopa County Superior Court, and case No. CR2009-005967.  The charge was based on Respondent’s soliciting a sexual act from a minor and offering the minor’s parent $5,000 for the sexual act, occurring on or about July 8, 2008.  Respondent pled not guilty and was released from custody.
  3. On or about February 28, 2011, Respondent was charged with Murder 2nd Degree, Aggravated Assault and Endangerment, Maricopa County Superior Court, case No. CR2011-109061, resulting from a February 2011 traffic accident.
  4. On or about September 13, 2011, Maricopa County Superior Court, regarding case No. CR2009-005967 and CR2011-109061, issued a Submission Order For Restoration Treatment, finding:
    1. Respondent was unable to understand the nature of the proceedings and/or was unable to assist in Defendant’s defense and was, therefore, criminally incompetent pursuant to A.R.S. §13-4510.
    2. There was no clear and convincing evidence that Respondent would not be restored to competency with 15 months pursuant to A.R.S. § 13-4510 (C).
    3. Respondent was incompetent to refuse treatment and should be subject to involuntary treatment pursuant to A.R.S. §§13-4511 and 13-4512 (B).
    4. Confinement of Respondent was necessary for treatment and/or Respondent was a threat to public safety.
    5. Respondent was committed to the Maricopa County Correctional Health Services Restoration Program to receive treatment necessary to restore Respondent’s competency.  Upon information and belief, Respondent remains in custody for treatment.
    6. The conduct described above constitutes an immediate threat to the public health, safety, and welfare warranting immediate suspension of Respondent’s salesperson’s license.
    7. The conduct described above constitutes grounds for the summary suspension of Respondent’s salesperson’s license.

Grounds exist to summarily suspend Respondent’s salesperson’s license in accordance with A.R.S.§§ 32-2157(B); 32-2153(A)(3), (B)(7), (B)(10) and 41-1092.11 (B).


10.28.11

Order of Summary Suspension Issued-
The Arizona Department of Real Estate announced that effective October 28, 2011 an Order of Summary Suspension and Notice of Opportunity for Hearing was issued against Don Walter Watson (Respondent), holder of License Number SA629875000.  The suspension is effective immediately.

Factual Findings-

  1. On or about December 11, 2008, the Department issued original salesperson’s License Number SA629875000 to Respondent.  That license expires on December 31, 2012.  Respondent is currently employed as a salesperson by GECC Enterprises Inc. doing business as American Associates.
  2. On or about May 13, 2011, Respondent pled guilty to Conspiracy to Commit an Offense against the United States, namely, Securities Fraud and Mail Fraud, a Class D Felony in United States District Court, District of Arizona, a court of competent jurisdiction, case number CR09-00372-002-PHX-SRB.
  3. On or about September 19, 2011, the United States District Court, District of Arizona, entered a Judgment in a Criminal Case against Respondent regarding the May 13, 2011 guilty plea.  Respondent was sentenced to two (2) years incarceration and, upon release, to be placed on supervised release for three (3) years.
  4. The conduct described above constitutes an immediate threat to the public health, safety, and welfare warranting immediate suspension of Respondent’s salesperson’s license.
  5. The conduct described above constitutes grounds for the summary suspension of Respondent’s salesperson’s license.

Grounds exist to summarily suspend Respondent’s salesperson’s license in accordance with A.R.S. §§32-2157(B), (C), 32-2153 (A) (3), (B) (2), (B) (5), (B) (7), (B) (10) and 41-1092.11(B).


10.28.11

Findings of Fact, conclusions of Law, and Order-
On September 7, 2011, the Arizona Department of Real Estate (ADRE) issued a First Amended Notice of Hearing & Complaint in the matter of:

  • Respondent Zachary R. Acedo - License Number SA532402000
  • Respondent Angel Karchev - License Number SA57420000
  • Respondent Jeanine R. Brienza - License Number BR504100000
  • Respondent Robert Williams - License Number BR57315000
  • Respondent Anson E. Berkheimer - License Number BR014138000
  • Respondent Vasco Dixon III - License Number SA532618000
  • Respondent Kimberly K. Austin - License Number SA548582000
  • Respondent Jerome Barrad - License Number SA509753000

The Notice required the Respondent to provide a written answer to the allegations set forth in the notice.  The Notice was served upon the address of record.  As of this date, the Respondent has failed to file an answer.  (The Respondent failed to complete the required Continuing Education [CE] Credit hours.  Respondent was not in compliance with the statutory requirements for licensure.)

Notice was proper, respondent is in default and the allegations in the Notice are deemed admitted.  The conduct alleged in the Notice constitutes grounds for the Commissioner to suspend, revoke or refuse to renew Respondent’s license to transact real estate sales in Arizona pursuant to A.R.S. 32-2153.

It is ordered that effective October 21, 2011; the real estate licenses held by Respondents are revoked.


10.17.11

Click here to view “Dialog” - the Arizona Department of Real Estate Periodic Bulletin Volume 2011-Issue 3.


10.07.11

Cease and Desist Order Issued-
The Arizona Department of Real Estate (ADRE) issued a Cease and Desist Order and a Notice of Right to Request Hearing on October 4, 2011 to LC Hidalgo Property Management, an unlicensed entity and Carlos Hidalgo and Leticia Arizaga Morelos, unlicensed individuals.  The Commissioner finds LC Hidalgo Property Management and Carlos Hidalgo and Leticia Arizaga Morelos are in violation of Arizona Revised Statutes and Arizona Administrative Codes.  Hidalgo, Morelos and LC Hidalgo conducted real estate management services for compensation in Arizona without holding a license to do so, in violation of A.R.S. §§ 32-2101 (48); 32-2122 (B); and 32-2153 (B)(6).  Pursuant to A.R.S. §32-2154, if it appears that any person has engaged, is engaging or is preparing to engage in any act, practice or transaction that constitutes a violation of Title 32, Chapter 20, the Department may issue an order directing any person to cease and desist from engaging in the act, practice or transaction or doing any act in furtherance of the act, to make restitution or to take appropriate affirmative action to correct the conditions resulting from the act, practice or transaction.

It is ordered that LC Hidalgo, Hidalgo and Morelos immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. § 32-2101 et seq., as an individual, an employee, agent, officer, principal, or in any capacity whatsoever, directly or indirectly, within the State of Arizona, including but not limited to without first complying with all applicable laws and rules.

It is further ordered that this Cease and Desist Order shall be recorded in the offices of the Maricopa County Recorder within the State of Arizona.


10.05.11

Real Estate Professionals Invited to Treasury-Co-Hosted
“Help for Homeowners” Short Sale Event
Please click here to view additional information!


08.31.11

Cease and Desist Order Issued-
The Arizona Department of Real Estate (ADRE) issued a Cease and Desist Order and a Notice of Right to Request Hearing on August 29, 2011 to L&R Maintenance LLC dba L&R Maintenance and Property Management, an unlicensed entity and Lynda Carol Williams, an unlicensed individual.  The Commissioner finds L&R and Williams are in violation of Arizona Revised Statutes and Arizona Administrative Codes.  L&R and Williams conducted real estate activities in Arizona without holding a license to do so, in violation of A.R.S. §§32-2122 (B) and 32-2153 (B)(6).  A.R.S. § 32-2165 provides “a person who acts as a broker or salesperson within the meaning of Title 32, Chapter 20, or who advertises in a manner that indicates that the person is licensed as a broker or salesperson, without being licensed as prescribed by this chapter is guilty of a class 6 felony.”  Pursuant to A.R.S. §32-2154, if it appears that any person has engaged, is engaging or is preparing to engage in any act, practice or transaction that constitutes a violation of Title 32, Chapter 20, the Department may issue an order directing any person to cease and desist from engaging in the act, practice or transaction or doing any act in furtherance of the act, to make restitution or to take appropriate affirmative action to correct the conditions resulting from the act, practice or transaction.

It is ordered that L&R and Williams immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. § 32-2101 et seq., as an individual, an employee, agent, officer, principal, or in any capacity whatsoever, directly or indirectly, within the State of Arizona, including but not limited to without first complying with all applicable laws and rules.

It is further ordered that this Cease and Desist Order shall be recorded in the offices of the Maricopa county Recorder within the State of Arizona.


08.23.11

Judy Lowe, Commissioner, Arizona Department of Real Estate Advisory-
During these challenging times, it is critical that all parties involved in the real estate industry are kept well informed as to any illegal misbehavior and/or activity.  In a spirit of maintaining an open dialog with our licensees, the real estate industry and consumers, I am providing you with the warning issued on Monday, August 22, 2011 by the Arizona Attorney General Tom Horne.

AG HORNE WARNS HOMEOWNERS: MORTGAGE LAWSUIT SCAM HITS ARIZONA-
PHOENIX (Monday, August 22, 2011) -- Attorney General Tom Horne today issued a warning to consumers to be wary of any notices or advertisements that claim to offer homeowners facing foreclosure “complete forgiveness of the loan” or other monetary relief if they join a class-action lawsuit.  Such ploys are likely a pretext to collect illegal up-front fees for foreclosure assistance.

In class action litigation, consumers generally do not have to pay to join, and most reputable firms will not charge a fee for attorneys to review your case or to determine if you are eligible to join a lawsuit.

“The mortgage crisis is only made worse by predators who take advantage of consumers who are already facing the loss of their home,” Horne said.  “State and federal law ban almost all types of up-front fees for foreclosure assistance.  I am committed to prosecuting anyone who engages in this type of consumer fraud, and it is just as important that consumers be vigilant against these types of scams.”

The California Attorney General recently filed a lawsuit against California lawyer Philip Kramer, the Law Offices of Kramer & Kaslow, plus 19 other lawyer and non-lawyer individuals and companies, for deceptively marketing class action or “mass joinder” lawsuits.  The defendants in that case are believed to have taken over $7 million in fees from homeowners in 17 states – including Arizona - after sending out hundreds of thousands of flyers advertising the program.  The lawsuit alleges that the defendants advertised nationwide settlements against lenders that did not exist and that many servicers were not provided by lawyers or legal staff.

Notices may be mailed to homeowners or posted on their doors.  Typically, the business claims that the fee they are charging is for a forensic audit of your loan documents to see if you are eligible to join the class action litigation.  However, the Federal Trade Commission’s Mortgage Assistance Relief Services Rule (“MARS Rule”) contains a broad ban on requesting or collecting up-front fees for almost all types of mortgage assistance, including forensic audits related to foreclosure relief.  Arizona’s foreclosure consultant statute also prohibits companies from collecting an up-front fee for assisting homeowners in foreclosure.

Foreclosure rescue companies may promise to refund your fee if you are not eligible to join the litigation.  However, the Office’s experience with guaranteed refunds indicates that they are very difficult to obtain, or the company may disappear before the refund is paid.  If you are facing foreclosure, refuse to pay up-front fees and instead contact the Arizona Foreclosure Prevention Helpline at (877) 448-1211 for free assistance provided by HUD approved housing counseling agencies.

If you feel you’ve been a victim of a class joinder scam or any other type of consumer fraud, please contact the Arizona Attorney General’s Office Consumer Information & Complaints Unit at (602) 542-5763 / (520) 628-6504 / (800) 352-8431.  You can also file a consumer complaint online at: www.azag.gov/consumer/complaintform.html


08.19.11

ATTENTION SCHOOL ADMINISTRATORS!

  1. 14 DAY NOTICE- A.R.S.§ 32-2135
    As you have been advised in the latest Bulletin (Volume 2011-Issue 2), effective September 1, 2011, all schools will be required to submit their “14 Day Notice” online through the ADRE Online Education System at https://services.azre.gov/OES/Login.aspxBy this effective date, the online system will have an option to “opt out” so that the course information will not appear on the ADRE public database.
  2. TRAINING SEMINAR OR INSTRUCTOR DEVELOPMENT WORKSHOP (IDW) - A.R.S. § 32-2135
    You may now submit applications for the required Seminar or Instructor Development Workshop course emphasizing instruction methods, techniques and skills that will be required of instructor effective January 1, 2012 (S.B. 1292).  Click HERE to view the NEW training course application.
  3. BROKER CANDIDATE EXPERIENCE VERIFICATION PROCESS
    Please make sure candidates are notified that all Broker Experience Verification (LI-226) applications are required to have a broker experience verification form from each Designated Broker to verify the cumulative time that is necessary to qualify for 3 out of the past 5 years of active full-time licensure.  Out-of-State candidates are still required to submit the certified license history.
    Broker candidates may submit this information with their application, instead of obtaining preapproval and valid through date from ADRE.  However, ADRE will not issue an Arizona Real Estate Broker License if the qualifications and documentation requirements have not been met at time of application.
  4. CANDIDATES/LICENSE APPLICANTS (Salesperson/Broker/Entities)
    In addition to the online services ADRE currently provides, candidates/licensees can save time, money, energy, and gas by submitting applications to ADRE by scanning and emailing the information.  Click on this link to learn more details about this NEW OPTION SCAN IT!.

REMINDERS!

  • Prelicensure Schools- remember it is required that records be retained for five (5) years to accommodate prelicensure students who need proof of recertification.  ADRE is referring prelicensure recertification inquires that are less than five (5) years old back to original school for recertification.
    Recertification of Pre License Education is required when a licensee does not renew their license within one (1) year of expiration, if education occurred less than ten (10) years prior to new applications.
  • Out-of-State Classes-A.R.S.§ 32-2135(I)- The ADRE may approve for continuing education credit any course of study proposed by a real estate school if the course satisfies the commissioner’s requirements and is held outside this state.  The school shall either:
    • Provide the department with a videotape or videotapes of the course.
    • Make arrangements that are approved by the ADRE for monitoring the course.
      Contact ADRE Education Division for details.
  • Instructors & Course Expiration Dates- Should be reviewed regularly.  ADRE Course credit cannot be allowed for an “expired Instructor” or “Expired Course,” as well as a disciplinary action may occur.
  • Education Advisory Committee (EAC)- For more information click on this link EAC.
  • ADRE no longer schedules Broker Desk Appointments.  CANDIDATES/LICENSEES MAY NOW FILE APPLICATIONS VIA EMAIL.

06.21.11

Revocation of License-
Pursuant to A.A.C. R4-28-1304, a party that fails to file an answer within the time provided shall be deemed to be in default and the Department may file an Affidavit of Default against the party, and proceed to take action against the party based upon the allegation s of the charges.  The action may be taken before the hearing date established in the Notice.

Findings of Fact-

  • Notice was proper.
  • Respondent is in default.
  • The allegations in the Notice are deemed admitted.

Respondents failed to comply with the requirements for licensure as set forth in A.R.S. §32-2130(A) and are found in Default as pursuant to A.A.C.R4-28-1304.

  • David G. Keirsey- License Number SA571452000- License Revoked: August 3, 2011
  • Brent P. Welsh- License Number GA530872000- License Revoked: August 3, 2011

08.03.11

  1. Cancellation of License- On 07/18/2011 the license of Stewart Jay Dow, Designated Broker for Armor Realty, Inc. was cancelled due to Abandonment of Office.

    *Pursuant to A.R.S. 32-2126 (A)-Each employing broker shall have and maintain a definite place of business.  Notice of change of business location shall be given to the commissioner in writing and the commissioner shall issue a new license for the unexpired period.  Change or abandonment of a business location without notice shall automatically cancel the broker’s license and shall sever the license of any salesperson or associate broker employed by the employing broker.  If an employing broker’s license is cancelled pursuant in this subsection and the broker’s license is later reinstated, any salesperson or associate broker employed by the employing broker whose license was severed pursuant to this subsection may be rehired.
  2. Order of Summary Suspension Issued- The Arizona Department of Real Estate announced that effective August 1, 2011 an Order of Summary Suspension and Notice of Opportunity for Hearing was issued against Angela M. Zbikowski (Respondent), license No. BR557721000.

    On or about March 2, 2009, the Department issued original broker’s License Number BR557721000 to Respondent.  That license expires on March 31, 2013 and is currently inactive.  On or about July 21, 2011, the Department received notice and documentation that Respondent had been found guilty of Theft, a class 6 felony, in Maricopa county Superior court, State of Arizona, Case Number CR2010-138662.  Respondent entered a plea agreement on or about May 16, 2011, pleading guilty to Theft, a class 6 felony, committed on or between September 1, 2008 and January 31, 2009.  Respondent was placed on three (3) years probation and ordered to pay restitution in the amount of $66,615.04, beginning on September 1, 2011 to Signature real Estate Services ($56,615.04) and Acuity Insurance Company ($10,000).  Respondent was also ordered to be incarcerated for one (1) month beginning on July 14, 2011.

    Pursuant A.R.S. 32-2157(B), (C) and 41-192.11 (B), the conduct set forth constitutes an immediate threat to the public health, safety, and welfare and therefore, warrants an immediate suspension of Respondent’s salesperson’s license.
  3. Legal Presence- The 2008 Legislature enacted ARS §41-1080, which requires licensing agencies, including the Department of Real Estate, to obtain proof of the license applicant's legal presence in the United States prior to issuing or renewing a license.

    To view legal presence requirements CLICK HERE.  REMEMBER WHEN RENEWING, A PROOF OF LEGAL PRESENCE MUST BE SUBMITTED AT LEAST 48 BUSINESS HOURS PRIOR TO RENEWAL TO ALLOW FOR REVIEW BY ADRE STAFF.  FAILURE TO DO SO MAY RESULT IN A DELAY IN THE ONLINE PROCESS.

    To submit your proof of legal presence information log onto ADRE’s Online Licensing System at az.gov/webapp/dre/ and select “Manage My Legal Presence Requirements” on the right side of the screen.

07.15.11

COMMISSIONER LOWE ANNOUNCES CHANGES TO MARS RULING-
The Department has been monitoring closely the Federal Trade Commission (FTC) Mortgage Assistance Relief Services (MARS) Rule and its affect on the real estate licensees.  Today, the FTC issued a press release- FTC WILL NOT ENFORCE MANY OF THE PROVISIONS OF MARS RULE AGAINST REAL ESTATE PROFESSIONALS HELPING CONSUMERS OBTAIN SHORT SALES”.

The direct link to the FTC Press release/enforcement policy: www.ftc.gov/opa/2011/07/mars.shtm

Remember- the Arizona “Short Sale Negotiator Regulations” issued by the ADRE on February 15, 2011 remains in effect, as well as the requirements of A.R.S. §32-2155 which states: Restriction on employment or compensation of person as broker or salesperson
C.  A real estate broker or real estate salesperson shall not collect compensation for rendering services in negotiating loans secured by real property unless all of the following apply:

  1. The broker or salesperson is licensed pursuant to title 6, chapter 9 or is an employee, officer or partner of a corporation or partnership licensed pursuant to title 6, chapter 9.
  2. The broker or salesperson has disclosed to the person from whom the compensation is collected that the broker or salesperson is receiving compensation both for real estate brokerage, when applicable, and for mortgage broker services.
  3. The compensation does not violate any other state or federal law.

To review these Regulations, the direct link is: www.azre.gov/PublicInfo/Documents/Short_Sale_Negotiator_Regulations.pdf


07.14.11

Pursuant to A.R.S. § 32-2130 (A), in order to renew a license, all real estate salespersons and brokers are required to present to the Department evidence of attendance of real estate oriented continuing education (“CE”) courses prescribed and approved by the Commissioner at a school certified by the Commissioner during the preceding license period of twenty-four (24) credit hours in the first renewal and forty-eight (48) credit hours n subsequent renewals.  The Commissioner may waive all or a portion of the CE requirements for a good cause shown.

Revocation of License-
Pursuant to A.A.C. R4-28-1304, a party that fails to file an answer within the time provided shall be deemed to be in default and the Department may file an Affidavit of Default against the party, and proceed to take action against the party based upon the allegation of the charges.  The action may be taken before the hearing date established in the Notice.

Findings of Fact-

  • Notice was proper
  • Respondent is in default
  • The allegations in the Notice are deemed admitted

Respondents failed to comply with the requirements for licensure as set forth in A.R.S. §32-2130(A) and are found in Default as pursuant to A.A.C.R4-28-1304.

  • Bernice Fisher - License Number BR011422000 - License Revoked: July 11, 2011
    Respondent is a self-employed Broker doing business as Fisher Realty, holder of License Number SE011422000
  • Eric T. Inabinet - License Number SA508370000 - License Revoked: July 11, 2011
    Respondent is currently employed by Schaller Real Estate, LLC, holder of License Number LC53603000
  • James L. Shipman - License Number BR511964000 - License Revoked: July 11, 2011
    Respondent is a self-employed Broker doing business as Kingman Town & Country Realty, holder of License Number SE511964000
  • Joe A. Sierra - License Number SA571341000 - License Revoked: July 11, 2011
    Respondent is currently inactive
  • Todd Tarson - License Number SA530358000 - License Revoked: July 11, 2011
    Respondent is currently inactive
  • Javier J. Stewart - License Number SA571525000 - License Revoked: July 11, 2011
    Respondent is currently employed by Equity Realty Group, LLC, holder of License Number LC631317000
  • Sharon J. Podlasek - License Number SA570090000 - License Revoked: July 11, 2011
    Respondent is currently inactive

07.12.11

Click here to view “Dialog” - the Arizona Department of Real Estate Periodic Bulletin Volume 2011-Issue 2.


06.21.11

Order of Summary Suspension and Notice of Opportunity for Hearing-
On June 15, 2011, Commissioner Judy Lowe signed an Order Summarily Suspending the Arizona real estate salesperson’s license number SA534613000 of Christopher A. Shatto.  This suspension is effective immediately.

Factual Findings:

  1. On or about July 2, 2002, the Department issued original salesperson’s License Number SA534613000 to Respondent.  The license expires on July 31, 2012 and is currently inactive.
  2. On or about April 20, 2011, Respondent was convicted of Attempted Possession of Narcotic Drugs for Sale, a Class 3 Felony, in Maricopa County Superior Court, State of Arizona, a court of competent jurisdiction, case number CR2010-006491-003 DT.  Respondent was sentenced to six (6) months incarceration, supervised probation for three (3) years and fine of $3,680.00.
  3. On or about April 26, 2011, Respondent notified the Department in a timely manner of the April 20, 2011 conviction.
  4. The conduct described above constitutes an immediate threat to the public health, safety, and welfare warranting immediate suspension of Respondent’s salesperson’s license.
  5. The conduct described above constitutes grounds for the summary suspension of Respondent’s salesperson’s license.

Grounds exit to summarily suspend Respondent’s salesperson license in accordance with A.R.S. 32-2157(B), (C); 32-2153 (A) (3), (B) (2), (B) (5), (B) (7), (B) (10) AND 41-1092.11 (B).


06.16.11

Attorney General Horne and ADRE warn consumers of potential MLB All-Star Game home rental scams.
Arizona Attorney General Tom Horne and Judy Lowe, Commissioner of the Arizona Department of Real Estate are warning consumers to be on the alert against potential scams as the Major League Baseball All-Star Game approaches July 8-12.  They are also announcing today that the Department issued an Order this week against Your Stay Accommodations, Sharaud Ramey and Joshua Bleechington (“Your Stay Accommodations”), for engaging in unlicensed real estate activity in Arizona in connection with the game.  Click here for details.


06.14.11

Order of Summary Suspension and Notice of Opportunity for Hearing
On June 13, 2011, Commissioner Judy Lowe signed an Order Summarily Suspending the Arizona real estate salesperson’s license number SA542962000 of Bryan T. Prehoda and the Arizona real estate salesperson’s license of Luis A. BelevanThe suspension is effective immediately.

Factual Findings

  1. On or about July 23, 2003, the Department issued original salesperson’s License Number SA542962000 to Prehoda.  That license expires on July 13, 2011 and is currently Inactive.
  2. On or about June 24, 2010, the Department issued original salesperson’s License Number SA636576000 to Belevan.  That license expires June 30, 2012 and is currently Inactive.
  3. On or about July 27, 2010, the Arizona Attorney General’s Office filed a Complaint for Injunctive and other Relief (unclassified civil) in the Superior Court of the State of Arizona, Maricopa County, a court of competent jurisdiction (“Court”), Case Number CV2010-022486, against The Guardian Group, LLC, Prehoda and Belevan violated the Arizona Consumer Fraud Act:
    1. The Guardian Group’s advertisements targeted homeowners facing financial hardship and struggling to meet their monthly mortgage payments.  Guardian Group advertised that its Principal Reduction Program would prevent foreclosure and turn homeowners’ negative equity in their homes into positive equity.”
    2. Guardian Group represented itself as a provider of mortgage loan refinancing services to consumers.  Guardian Group represented to consumers that they would negotiate with homeowner’s lenders to arrange for a third party investor to purchase the consumer’s note (in a package consisting of multiple notes) at a reduced rate.  Guardian Group represented that it would then modify the rate and terms of the consumer’s mortgage loans and would reduce the principal owed by the consumer to an amount less than the current value of the home.  Guardian Group represented that it had potential investors willing to invest millions of dollars in the program.”
    3. “In advertisements by Guardian Group on their website, www.guardiangroupfund.com, they advertised ‘monthly Mortgage Payment reduced by 25%-50%’, “So you will get all of the negative equity reduce(d), receive 10% instant equity, a lower monthly payment and a 30 year fixed rate mortgage’, and, ‘We will refinance the note to the homeowner at 90% of current market value.’”
    4. Guardian Group entered into a ‘Referral Agreement’ with ‘a large number of referring agents and affiliated’.  ‘For referring a consumer to Guardian Group, a Referring Agent received five hundred dollars ($500) from the fee the consumer paid to Guardian Group.’”
    5. Guardian Group represented to consumers, their agents, and affiliates that they had ‘$5 billion allocated for the Principal Reduction Program’ from investors prepared to purchase multiple mortgage notes at a time.  Despite several meetings with numerous potential investors, no one of the investors actually invested money with Guardian GroupGuardian Group only refinanced the mortgages of five consumers.  In all five of the mortgages that Guardian Group refinanced, the note was purchased by Guardian Group and never sold to a third party investor.”
    6. Guardian Group represented that their principal reduction service should take from 60 to 90 days to complete.  The consumers often waited longer than 90 days and when they contacted their lender, discovered little or no progress had been made.  Guardian Group promised to issue a full or partial refund of the fees charged to multiple consumers but often failed to issue the refunds.”
    7. “As of July 12, 2010, the Arizona Attorney General’s office received over five (500) complaints from consumers who paid fees to Guardian Group but their loans had not been refinanced.”
    8. “On May 5, 2010, the Arizona Department of Financial Institutions issued a Cease and Desist Order against Guardian Group for acting as a mortgage broker without obtaining a mortgage broker license.”
    9. The Guardian Group, Mr. Prehoda and Mr. Belevan ‘engaged in the use of deception, deceptive acts or practices, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that other rely upon such concealment, suppression or omission, in connection with its advertisement or sale of services.’”
  4. On or about April 5, 2011, the Court issued a default adverse judgment involving CV2010-022486 against The Guardian Group, LLC, Prehoda and Belevan.  The Court ordered:
    1. The Guardian Group, LLC, Prehoda and Belevan to be permanently enjoined from engaging in, directly or indirectly, any of the following activities: “Engaging in any trade or occupation relating to mortgage loans in Arizona including engaging in the business of principal reduction or the mortgage loan refinancing services, or engaging in any related activities regulated by the Arizona Department of Financial Institutions and/or the Arizona Department of Real Estate, such as acting as a mortgage broker, mortgage banker or loan originator, or as a real estate salesperson or broker.” (Emphasis Added.)
    2. The Guardian Group, LLC, Prehoda and Belevan to comply with the Arizona Consumer Act; pay $3,979,525.00 in consumer restitution; pay $24,950,000.00 in civil penalties; and pay $4,333.50 in attorney’s fees and costs.
  5. Respondents failed to notify the Department in a timely manner of the April 5, 2011 default adverse judgment as required by A.A.C. R4-28-303(D) and A.A.C.R4-28-301 (F).

If any Respondent does not request a hearing to contest the above Factual Findings, that Respondent’s license shall remain suspended unless and until reinstated or until said license expires by operation of law.

The conduct described constitutes an immediate threat to the public health, safety, and welfare warranting immediate suspension of each Respondent’s salesperson’s license.

Violations of A.R.S. Title 32, Chapter 20; A.R.S. §§ 32-2153 (A) (3), 32-2153 (B) (3); 32-2153 (B) (5); 32-2153 (B) (7, 32-2153 (B) (10) and 41-1092.11 (B).


05.26.11

The Arizona Department of Real Estate (ADRE) and Commissioner Judy Lowe extend a special “Thank You” to the Broker Office Policies Model Committee who contributed their valuable time towards the development of the ADRE Model Broker’s Policy and Procedure Manual for Arizona Real Estate, Cemetery, and Membership Camping Salespersons and Brokers.  Committee members were: Holly Eslinger, Tom Fannin, C. Dale Hillard, Michelle Lind and Jan Steward.

The ADRE Model Broker’s Policy and Procedure Manual (“Manual”) has been created to provide an example of the written policies, procedures and systems that a Real Estate Broker is required to establish and enforce pursuant to A.A.C. R4-28-1103.

The Broker’s Policy and Procedure Model Manual is available at www.azre.gov/Aud/Documents/Broker_Office_Policies_Manual.pdf


05.13.11

Disciplinary Actions-

Cease and Desist Order Issued-


The Arizona Department of Real Estate (ADRE) issued a Cease and Desist Order and a Notice of Right to Request Hearing on May 10, 2011 to INSTANT OFFICES USE (IOU), an unlicensed entity, in Boca Raton, Florida and Robert Hamilton, an unlicensed individual and Mathew Weiner, an unlicensed individual.  The Commissioner found Hamilton, Weiner and IOU were in violation of the Arizona Revised Statues and Arizona Administrative Codes.  Thus, the Commissioner issued a Cease and Desist Order directing Hamilton, Weiner and IOU to cease and desist from engaging in acts, practices and transactions without first complying with applicable laws and rules, pursuant to A.R.S. §§32-2154 (A) and 32-2122 (B).

It is ordered that Hamilton, Weiner and IOU immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. §32-2101 et seq., as an individual, an employee, agent, officer, principal, or in any capacity whatsoever, directly or indirectly, within the State of Arizona, including but not limited to without first complying with all applicable laws and rules.

It is further ordered that Cease and Desist Order shall be recorded in the offices of the Maricopa County Recorder within the State of Arizona.

Commissioner’s Final Order-
The Commissioner adopted the recommended Order of the Administrative Law Judge.  It is ordered that Kelly A. Rasmussen, Salesperson’s license number SA529891000 be assessed a civil penalty in the amount of Five Hundred Dollars ($500).  The Respondent failed to comply with the CE requirements within the required time frame set forth in A.R.S. § 32-2130(A).  Commissioner’s Final Order was signed May 9, 2011.


05.12.11

The Arizona State Legislature adjourned sine die on April 20, 2011.  Click here to see the list of bills passed and signed into law by Governor Brewer that affect the Department of Real Estate and related industries.  Please be advised that this list is not comprehensive and therefore may not include all bills that directly or indirectly affect ADRE licensees.  Please visit the state legislature’s website at www.azleg.gov for more information.

The general effective date of the bills is July 20, 2011, unless otherwise stated.

For additional information, please contact the Legislative Liaison at legislative_affairs@azre.gov.


05.02.11

The Arizona Department of Real Estate announced today that the Tucson office will officially close May 31, 2011.  Despite valiant efforts by the ADRE to keep the Tucson office open, budget challenges have necessitated the closure.

We encourage everyone to visit the Arizona Department of Real Estate ONLINE at www.azre.gov to access all online services, scan documents, and find answers to most questions!


ONLINE

Renew License online - www.azre.gov – Less expensive when you renew online.  No need to call ADRE to confirm that your license is renewed... Visit your online license information to check new expiration date.

Sever/Hire/Transferwww.azre.gov – Remember the hiring broker must accept the hire online.

Enter Continuing Educationwww.azre.gov – Best to do it as you complete the course.  When entering courses for the first 24 months of a 4 year license, there is no need to call the ADRE when the message appears that the requirement has been satisfied.

Legal Presence – Go to www.azre.gov - select “Manage my Legal Presence” and follow the directions.  Remember, Legal Presence must be entered, received by ADRE and reviewed before License Renewal or Entering Continuing Education.


SCAN IT
(Expect a two (2) day turnaround time, with a call from ADRE for payment when complete)

SALESPERSON &BROKER ORIGINAL APPLICATIONSlicenseapplications@azre.gov

LICENSEE PERSONAL NAME OR ADDRESS CHANGElicenseeupdates@azre.gov

BRANCH MANAGER CHANGElicenseeupdates@azre.gov

LICENSEE LICENSING QUESTIONSlicensing@azre.gov

NEW PC-PLLC REQUEST OR CHANGESlicenseeupdates@azre.gov

CANCELLATION OF LICENSElicenseeupdates@azre.gov

NEW ENTITIESbroker.specialist@azre.gov

DESIGNATED BROKER CHANGEbroker.specialist@azre.gov

NAME RESERVATIONSbroker.specialist@azre.gov

BROKER QUESTIONSbroker.specialist@azre.gov

BUSINESS/MAILING ADDRESS CHANGESentityupdates@azre.gov

NEW BRANCH OFFICES OR CHANGESentityupdates@azre.gov

GENERAL LICENSING QUESTIONSlicensing@azre.gov

LEGAL PRESENCE QUESTIONSlicensing@azre.gov


04.07.11

  1. Order of Summary Suspension Issued-  The Arizona Department of Real Estate announced that effective March 28, 2011 an Order Summarily Suspending the real estate license and Notice of Opportunity for Hearing was issued against Peter Quintanilla (Respondent), license No. SA534734000.  The suspension became effective immediately.

    On or about July 9, 2002, the Department issued original salespersons License Number SA534745000 to Peter Quintanilla.  That license expires on July 31, 2012 and is currently inactive.  From April 27, 2009 through June 3rd, 2010, Mr. Quintanilla was employed as a salesperson by Realty One Group, Inc.  Mr. Quintanilla conducted real estate property management through an unlicensed entity and received compensation from other than his Employing Broker in violation of A.R.S.§32-2153(A)(7); Respondent failed to provide the Department with a written notice of a change in residence address in violation of A.A.C. R4-28-303 (D)(3) and A.R.S.§32-2153 (A) (3); Respondent conducted real estate activity while having an inactive license; Respondent accepted monies from a client personally or through an unlicensed entity and not through Respondent’s employing broker; Respondent conducted property management activities without the permission of Respondent’s employing broker.
    Additionally, Peter Quintanilla was convicted on 09/10/2010 of Theft; a Class 6 undesignated felony offense and placed on probation for 12 months.  The Department’s Licensing records contain no evidence that Mr. Quintanilla reported this conviction to the Department within ten (10) days as required.

    Grounds existed to summarily suspend Respondent salesperson’s license in accordance with A.R.S. §§ 32-2157 (B), (C); 32-2153 (A) (1), (A) (3), (A) (7), (A) (8), (A) (9), (A) (10), (A)(15), (A)(16), (A)(17), (A) (18), (B)(2), (B)(5), (B)(7), (B)(10), (B)(11) and 41-109211(B).
  2. Commissioner’s Final Order- On March 31, 2011, Commissioner Lowe reviewed the Administrative Law Judge’s Findings of Fact, Conclusion of Law, and Recommended Decision.  She adopted the recommended Order of the Administrative Law Judge.  It was ordered that the real estate salesperson’s license number SA567850000 issued to Kelly Kloos is revoked and Ms. Kloos is assessed a civil penalty in the amount of One Thousand Dollars ($1,000).  The Department proved by a preponderance of the evidence that Respondent failed to comply with the CE requirements set forth in A.R.S. §32-2130(A).

03.18.11

Dialog, The Periodic Bulletin from the Arizona Department of Real Estate is available for viewing here.


03.08.11

  1. Cease and Desist Order Issued-  The Arizona Department of Real Estate issued a Cease and Desist Order and a Notice of Right to Request Hearing on March 1, 2011 to JOSAND COS, LLC. an unlicensed entity, of Athens, Tennessee with Chris Petrillo as the Registered Agent.  The Commissioner finds Josand has engaged in offering to buy, sell or advertise the buying and selling of subdivided land located within parcel APN 103-44-003B without complying with applicable subdivision statutes.
    It is ordered that Josand shall cease and desist from selling or offering, advertising, facilitating, counseling, advising, directing, negotiating, assisting, or attempting to sell any lot, parcel or fractional interest within original parcel APN 103-44-003B.  It should be noted by all concerned parties that the Cease and Desist Order pertains only to parcels owned by JOSAND within original parcel APN 103-44-003B, including but not limited to the following parcels APN 103-44-003B and APN 103-44-003J.
    It is further ordered that this order will be recorded in the office of the Navajo County Recorder, pursuant to the provisions of A.R.S. §32-2183.02.
  2. Order of Summary Suspension and Notice of Opportunity for Hearing-  The Arizona Department of Real Estate finds that Shawn Thomas Brown, holder of license number BR537491000, has violated the provisions of the Arizona Revised Statutes, Title 32 and find that the public health, safety, and welfare require emergency action pursuant to A.R.S. §§ 32-2153 AND 32-2157.
    It is therefore ordered summarily suspending the Arizona real estate broker’s license number BR537491000 of Shawn Thomas Brown.  This suspension is effective immediately.  Order signed by Commissioner Lowe on March 1, 2011.
  3. Commissioner’s Final Order-  The Commissioner adopted the recommended Order of the Administrative Law Judge.  It is ordered that the application for license renewal of D. Michelle Parkhurst-Session, salesperson’s license number SA627712000 is DENIED. : It is further ordered that D. Michelle Parkhurst-Session is assessed a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500).  Commissioner Lowe signed Order dated February 22, 2011.

02.15.11

Message from Commissioner Lowe:

In a spirit of keeping our licensees informed on current and relevant topics, we are providing the following article on Short Sale Negotiator Regulations and the link to the Federal Trade Commission (“FTC”) Mortgage Assistance Relief Services (“MARS”) Rule.

  1. Short Sale Negotiator Regulations:

    Click here to view.

    ADRE will begin enforcement of this prohibition on March 1, 2011 which should give licensees time to bring their business practices into compliance.
  2. Federal Trade Commission (“FTC”) Mortgage Assistance Relief Services (“MARS”) Rule: - http://www.ftc.gov/os/fedreg/2010/december/R911003mars.pdf

    The MARS issue is still unresolved; however, the National Association of REALTORS® is meeting with the FTC.

01.28.11

  1. Order of Summary Suspension Issued-  The Arizona Department of Real Estate announced that effective January 25, 2011 an Order Summarily Suspending the real estate entity license and Notice of Opportunity for Hearing was issued against PHOENIX HOMES BY DAVID CORP (Respondent), license No.CO630290000.

    On or about January 20, 2011, the Department was notified that DAVID T. OLIVERSON, holder of license number BR003849000 and the Designated Broker for Respondent had passed away on January 19, 2011.  Further, it was disclosed that the Respondents Broker Trust Account was deficient by approximately $260,000.  The Respondent disregarded or violated provisions or rules of A.R.S. Title 32, Chapter 20 which constitutes grounds to deny, suspend, revoke Respondent’s license pursuant to A.R.S. §32-2153(A)(3), 32-2157(B) and 41-1092.11(B), such conduct constitutes an immediate threat to the public health, safety, and welfare, and therefore, warrants an immediate suspension of Respondent’s entity license.
  2. Commissioner’s Final Order-  On December 2, 2010, the Commissioner revoked VICKI SAUNDERS, BR027798000, broker’s license based on the Respondent’s conduct which violated A.R.S. §§ 32-2153 (A), 32-2153 (A)(3), 32-2153 (A)(9), 32-2153(A)(16), 3202153(A)(17), 32-2153(A) (22), 32-2153(A)(24), 32-2153(B)(3), 32-2153(B)(7), 32-5153(B) (8),32-2153(B)(9), and 32-2153(B)(11).

    An Administrative Hearing was held on January 3, 2011 at which time the Department established by a preponderance of evidence that the Respondent’s conduct, as determined by the Commissioner, constituted at least 17 acts in violation of the State’s real estate laws.  MS. SAUNDERS was assessed a civil penalty in the amount of Seventeen Thousand Dollars ($17,000).

01.28.11

Critical Reminder Updates-

  1. REAL ESTATE SCHOOL SUPERVISION AUDIT DECLARATION-  Due for all schools Monday, 01/31/2011.  The form is available on the website.  Click to view School Audit Declaration
  2. SUBSTANTIVE POLICY STATEMENT No. 2005.12 Short Title: Continuing Education and the Residential Resale Purchase Contract (specific to AAR Contract)-  effective January 27, 2011 REPEALED
  3. SUBSTANTIVE POLICY STATEMENT No. 2008.04 Short Title: Business Brokers; License Requirement Clarification-  Due to 2008 statutory changes to ARS 32-2101 deems that this Substantive Policy Statement be REPEALED
  4. MODIFIED AS OF JANUARY 28, 2011- INSTRUCTOR APPLICATION FORM- Application For Real Estate Instructor Approval / Renewal / Update (Form ED-101)-  Accredited real estate schools submit this form on behalf of instructor applicants to request approval, renewal or an update as a real estate course instructor.

    NOTE:  Course approval applications are reviewed independent of instructor approval applications; instructors stated on course approval applications, must be approved for the category and/or specific subject area of course approval applied for.

    REMINDERS:
    An ADRE Approved Instructor, who also holds a real estate license, may use Continuing Education hours used for Real Estate License renewal for Real Estate Instructor Application, Renewal, and/or Change.  However, remember, that Courses which the Real Estate Instructor taught themselves may NOT be used for either Real Estate License renewal or Real Estate Instructor Application, Renewal, and/or Change.
  5. Coming Soon-  Modified Course Application Form ED-201
  6. ADRE hosting “Industry Day”-  ADRE and its testing vendor, Pearson VUE, will hold a presentation on February 1, 2011 from 9:00 am to 11:00 am at ADRE, 2910 N. 44th. Street, 3rd Floor Conference Room.  RSVP to Mary Utley at mutley@azre.gov.
  7. Education Advisory Committee (EAC)-  Everyone invited
    Scheduled to meet on February 1, 2011 from 11:00 a.m. to Noon at ADRE, 2910 N. 44th. Street, 3rd Floor Conference Room.  Due to limited seating, please RSVP to Mary Utley at mutley@azre.gov.

01.12.11

EDUCATOR’S UPDATE:
The Arizona Department of Real Estate (ADRE) recognizes that the caliber of real estate education provided to licensees is crucial in promoting professionalism, increasing the knowledge level and the “raising of the bar”.  Quality education of the real estate licensee allows for the ultimate goal of enhanced protection for the Arizona Buyers and Sellers of real estate.
After reviewing the stakeholder feedback, including the review of many very comprehensive reports from education workgroups (who spent many hours of their exceptional brain power compiling those final reports), as well as the individual input of many educators, licensees, and the public, it became apparent to the ADRE that the Instructor Approval/Renewal Application required revision.
These revisions adhere to the current Real Estate statutes, rules and policy of the ADRE, and the qualification criteria and format has been modified to conform.


1.  NEWLY REVISED INSTRUCTOR APPLICATION FORM** effective January 10, 2011 is now available on the ADRE website.

Application For Real Estate Instructor Approval / Renewal / Update (Form ED-101) - Accredited real estate schools submit this form on behalf of instructor applicants to request approval, renewal or an update as a real estate course instructor.

Note:  Course approval applications are reviewed independent of instructor approval applications; instructors stated on course approval applications, must be approved for the category and/or specific subject area of course approval applied for.
Due to the revision of the above instructor application, the following forms were also recently revised:

Request For Expedited Instructor Approval (Form ED-103) - Accredited real estate schools use this form to request approval for an instructor currently approved at another approved school.

Owner / Administrator Update (Form ED-108) - School administrators utilize this form when renewing or updating approval as a real estate school administrator.

2.  REAL ESTATE SCHOOL SUPERVISION AUDIT DECLARATION form is now available on the website and is due no later than January 31, 2011.  School Audit Declaration Form

3.  An EDUCATION ADVISORY COMMITTEE meeting will be scheduled during January 2011.  A discussion topic of the new instructor application will be on the agenda.  As usual, this meeting is open to the public.  Watch the ADRE website for notice of specific date and time.

4.  ADRE will be hosting “Industry Day” with Pearson VUE on February 1, 2011 from 9:00 am to 11:00 am at ADRE, 2910 N. 44th. Street, 3rd Floor Conference.  RSVP to Mary Utley at mutley@azre.gov.

**Question and Answers (Q&A)


Q.  When is the new Real Estate Instructor Approval/Renewal Application (ED-101) form required?
A.  The new instructor form is required for all instructor applications, new, renewal and or updates, on or after January 10, 2011.

Q.  As a new Instructor applicant, what will my initial application approve me for?
A.  A new Instructor applicant, submitting the proper required qualifications, and acceptable other licensing documents, may be approved as an ADRE approved real estate instructor per Section I of the application.  And based on other experience and expertise information as provided, and the required education as stated for each category and subject area, may be approved to teach in the approved category and subject area.

Q.  Is the Owner/Administrator Update (ED-108) still required for instructor approval renewal every four years?
A.  No.  The ED-108 was recently revised to accommodate only school owner/administrator updates and administrator renewals.

Q.  What form is required for instructor approval renewal?
A.  The Real Estate Instructor Approval/Renewal Application (ED-101) form is required, effective 1/10/2011, for instructor renewal, however, only completion of Section II, III, and IV to substantiate Education and/or experience requirements compliance is necessary, unless, the applicant is requesting approval in a new category and subject area.

Q.  Are current approved instructors grand-fathered?
A.  Current approved instructors, approved prior to 1-10-11, are “grand-fathered” under Section I of the new instructor application and for any approved category and/or subject areas that approval was given prior to 1-10-11, so long as the original/existing information to qualify has not changed.  Renewal education criteria for each approved category and subject area that current instructor holds must be submitted at renewal time.

Q.  Does the Education requirement for the Continuing Education Categories require attendance at a course specific to the subject area of the approved category?
A.  No, the stipulated Education requirement is specific to the Category for which the approval is held.  And, that requirement must be met every four years prior to renewal expiration date.

Q.  How does an approved Instructor add a Category and subject area?
A.  Submit the Real Estate Instructor Approval/Renewal Application (ED-101), completing Section II and/or III, providing documentation as required justifying experience and expertise in the requested Category and subject area.  A current resume should be included specifying experience and expertise in the requested Category and subject area.  It is not necessary to re-qualify as an ADRE approved Instructor (Section I).  The instructor approval renewal expiration month remains the same no matter how many updates are approved.

Q.  Does the Expedited Instructor Form (ED-103) allow an instructor to add a category/subject area to his/her current approval?
A.  No.  The updated information must now be filed on the revised ED-101 form.

Q.  Will the Instructor be able to file a Request for Expedited Instructor Approval (Form ED-103), in lieu of completing the applicable sections of the new ED-101 for renewal, category and/or subject approval?
A.  No.  The ED-103 is only for an accredited real estate school to use to request approval for an instructor currently approved at another approved school, to be allowed to teach at the requestor’s school.

Q.  Where can an Instructor find what Category and subject area they currently hold ADRE approval in.
A.  Visit the ADRE’s website at www.azre.gov and click on the Online Services tab then click on the Public Database and then click on the instructor search topic under Education to begin search.

Q.  Will there be a provisionary approval period for upcoming instructor renewing during the first few months of implementation of the new instructor application?
A.  Yes, up to 6 months depending on the number of categories being renewed.  Please contact ADRE, Carla Randolph at crandolph@azre.gov for more information.

Q.  As an ADRE approved instructor with an Arizona Real Estate Salesperson or Broker’s license, can I count the classes I teach as credit toward my real estate license continuing education requirement?
A.  No.


01.07.11

  1. A REQUEST FOR QUOTE (RFQ) (ADSPO11-00000409) for a Real Estate Auditor will be available with a Bid Opening Date of 01/17/2011 03:00:00 PM.  Please click on the link to view: https://procure.az.gov/bso/external/publicBids.sdo.  The Help Desk phone number is (602)542-7600 should you need any assistance.  The vendor chosen will be responsible for conducting real estate Broker audits in Southern Arizona.
  2. BETA TESTING SCANNED ORIGINAL SALESPERSON/BROKER APPLICATIONS-  From January 10, 2011 to January 24, 2011 (during the Tucson Office closure), the Department will be accepting “Scanned” Original Salesperson/Broker Applications from applicants and licensees in Southern Arizona.  Please familiarize yourself with the Email Submittal Process.
Email Submittal Process Original Salesperson/Broker Applications

Scan a clear copy of the entire and completed application package to licenseapplications@azre.gov for processing.

Documents to submit for Original Sales License

  • Salesperson Application Form
  • Score Report from Testing Vendor
  • Pre-licensure Education Certificate for 90 hours
  • Disciplinary Actions Disclosure Form (LI-214/244)
  • If disclosure is submitted, must have all required documentation (follow LI-400 Disclosure Document Checklist)
  • Copy front & back of Fingerprint Clearance Card & clear copy of front & back of Driver’s License
  • Proof of completion of 6 hour Contract Writing Class
  • Hire form (LI-202) signed by broker or hire online once original process completed
  • Contact number provided for payment by credit card; ADRE staff will call when application is approved

Documents to submit for Original Broker License

  • Broker Application Form
  • Score Report from Testing Vendor
  • Pre-licensure Education Certificate for 90 hours
  • Employing Broker Verification Form(s) (LI-226) completed with an accurate “valid through” date
  • Disciplinary Actions Disclosure Form (LI-214/244)
  • If disclosure is submitted, must have all required documentation (follow LI-400 Disclosure Document checklist)
  • Copy front & back of Fingerprint Clearance Card & clear copy of front & back of driver’s license
  • Proof of 3 hours Broker Management Clinic
  • Contact number provided for payment by credit card- ADRE staff will call when application is approved
  • For Active status, contact broker.specialist@azre.gov to ensure correct documentation is submitted

12.27.10

Due to unforeseen circumstances, the Department’s Tucson office will be closed from January 1, 2011 - January 21, 2011.  The office will re-open for business on Monday, January 24, 2011.


Please submit transactions according to instructions below or mail to:

Arizona Department of Real Estate
2910 N. 44th Street
Phoenix, AZ 85018

TECHNOLOGY SAVES TIME, ENERGY, GAS, AND DOLLARS!!

Visit the Arizona Department of Real Estate ONLINE at www.azre.gov to find answers to most questions!


Renew License online - www.azre.gov – Less expensive when you renew online.  No need to call ADRE to confirm that your license is renewed... Visit your online license information to check new expiration date.

Sever/Hire/Transferwww.azre.gov – Remember the hiring broker must accept the hire on online.

Enter Continuing Educationwww.azre.gov – Best to do it as you complete the course.  When entering courses for the first 24 months of a 4 year license, there is no need to call the ADRE when the message appears that the requirement has been satisfied.

Legal Presence – Go to www.azre.gov; select “Manage my Legal Presence” and follow the directions.  Remember, Legal Presence must be entered, received by ADRE and reviewed before License Renewal or Entering Continuing Education.

SCAN IT – (Expect a two (2) day turnaround time, with a call from ADRE for payment when complete)

Licensee Personal Name or Address Changelicenseeupdates@azre.gov

Branch Manager Changelicenseeupdates@azre.gov

Licensee Licensing Questionslicenseeupdates@azre.gov

New PC-PLLC Request or Changeslicenseeupdates@azre.gov

Cancellation of licenselicenseeupdates@azre.gov

New Entitiesbroker.specialist@azre.gov

Designated Broker Changebroker.specialist@azre.gov

Name Reservationsbroker.specialist@azre.gov

Broker Questionsbroker.specialist@azre.gov

Business/Mailing Address Changesentityupdates@azre.gov

New Branch Offices or Changesentityupdates@azre.gov

General Licensing Questionslicensing@azre.gov

Legal Presence Questionslicensing@azre.gov


12.20.10

  1. The ADRE Bulletin Volume 2010-Issue 3 can be viewed at www.azre.gov/Bulletins/Bulletins.aspx
  2. The ADRE “Special Edition-Disciplinary Actions” Volume 2010-Issue 4 can be viewed at www.azre.gov/Bulletins/Bulletins.aspx
  3. EDUCATORS - Real Estate School Supervision Audit Declaration form is now available on the website at www.azre.gov/Edu/EduForms.aspx and is due now until 1/31/2011.

10.29.10

Be advised that the Arizona Department of Real Estate has issued two (2) new Substantive Policy Statements.  The Substantive Policy Statements issued are:

  • Distance Learning Guidelines - to view, click here.
  • Real Estate School Audit Declaration - to view, click here.

09.16.10

The Online PDF version of the Arizona Real Estate Law Book is updated to reflect recently enacted legislative changes (49th Legislature, 2nd Regular Session 2010) and will be available for viewing on Monday afternoon.


08.27.10

Notice of Meeting - Education Advisory Committee
The Education Advisory Committee will hold a meeting open to the public on September 14, 2010 from 10:00 a.m. to 12:00 p.m.  Click here for details.


08.27.10

Notice of Meeting - Arizona Real Estate Advisory Board
The Arizona Real Estate Advisory Board will hold a meeting open to the public on September 8, 2010 from 10:00 a.m. to 12:00 p.m.  Click here for details.


08.05.10

Clarification on the Arizona Department of Real Estate’s new Fingerprint Clearance Card Requirement.

An informational alert was distributed yesterday on the topic of the new law regarding license application requirements of a Fingerprint Clearance Card.

Pursuant to ARS §32-2108.01, original applicants for licensure are required to obtain a valid Fingerprint Clearance Card through the Arizona Department of Public Safety prior to submitting their application to the Arizona Department of Real Estate.  The Department shall no longer accept basic fingerprint cards for processing.

ARS §32-2108.01 pertains to:

  • New original license applications for, but not limited to:
    • Salesperson – real estate, cemetery or campground
    • Broker – real estate, cemetery or campground
    • Schools and/or instructor
    • Public reports, etc.
  • Only renewals for salesperson and/or brokers that have any disclosures, such as, any misdemeanor conviction, felony conviction, judgment restriction, disciplinary action, civil judgment or ADRE recovery fund payment, will require a Fingerprint Clearance Card.

Please click here to get the instructions on how to obtain a Fingerprint Clearance Card.

Please consider this as a response to any email and/or voice mail you sent the Department concerning this topic.  Please contact vrokkos@azre.gov if you have additional questions.

We apologize for any inconvenience and/or confusion that this may have caused, and thank you for your understanding in this matter.


08.04.10

Effective immediately, the Arizona Department of Real Estate will no longer accept Fingerprint Cards.

Pursuant to ARS §32-2108.01, applicants for licensure are required to obtain a valid fingerprint clearance card through the Arizona Department of Public Safety (DPS) prior to submitting their application to ADRE.

Applicants include, but are not limited to:

  • Real estate salesperson or broker
  • Cemetery salesperson or broker
  • Campground salesperson or broker
  • Application for a Public Report, etc.

Please click here for instructions on how to obtain a fingerprint clearance card.

We apologize for any inconvenience that this may cause and thank you for your prompt attention and understanding in this matter.


07.28.10

The 2010 Legislative Session produced significant changes to the real estate statutes.  To view the following documents in their entirety:
Click here - ADRE Legislative Update
Click here - Law Book Addendum 2010 Statute Changes
Click here - Law Book Sections Affected By Legislation (2009 & 2010))


07.16.10

Notice of Meeting - Arizona Real Estate Advisory Board
The Arizona Real Estate Advisory Board will hold a meeting open to the public on July 21, 2010 from 10:00 a.m. to 12:00 p.m.  Click here for details.


06.21.10

  • License Examination
  • Active Prelicense Courses - School Change Notice
  • Renewal Period (4 to 2 years)
  • Fingerprint Clearance Card

1.  License Examination
Effective July 1, 2010, the Arizona Salesperson and Broker Licensing Exam for real estate, cemetery and membership campground licenses will be administered by Pearson VUE at test sites in Phoenix, Tucson, Flagstaff, and Yuma.  The exact locations of these sites and testing times will be announced after June 25, 2010.  The current exam vendor, Prometric, will hold examinations through June 30, 2010.  As of June 22, 2010, Pearson VUE will start accepting examination registrations at 888.405.5776.  The Candidate Handbook is available online at www.pearsonvue.com/az/realestate.
Please be advised:

  • As of July 1, 2010, Pearson VUE will administer licensing tests which are scored on:
    • Real Estate Salesperson
      State Specific = 90 scored questions (+10 non-scored pretest questions)
      National = 80 scored questions (+ 5 non-scored pretest questions)
    • Real Estate Broker
      State Specific = 100 scored questions (10 non-scored pretest questions)
      National = 80 scored questions (+5 non-scored pretest questions)
  • From July 1, 2010 the National question bank will be from the Pearson VUE question bank.  The National outline is posted on Pearson VUE’s website, as well as www.azre.gov.
  • From July 1, 2010 until August 31, 2010, the AZ State Specific questions will be from the question bank that Prometrics has used in the past.
  • As of September 1, 2010, the AZ State Specific questions will be questions based on the new Real Estate Salesperson and Broker Course outlines, and will have been reviewed by “Subject Matter Experts” from the Arizona real estate industry.
  • Effective July 1, 2010, the Real Estate Salesperson exam will allow for a five hour seat time and the Real Estate Broker exam will allow for a five and half hour seat time.

2.  Active Prelicense Courses - School Change Notice
The Detailed Instructor Outline Prescribed Curriculum (DIOPC) for the Arizona Specific part of the real estate salesperson and broker prelicense education has been revised.

  • A revised Real Estate Salesperson and Broker DIOPC has been posted to the ADRE’s website.
  • Effective no later than August 1, 2010, all Approved Schools that offer prelicense courses must submit to ADRE Course Change Applications for all existing ADRE Real Estate Salesperson and Broker Prelicense Courses for review and approval, prior to teaching.  Please allow up to two (2) weeks for processing.
  • Please remember, the Real Estate Salesperson and Broker prelicense classes cannot be taught in the same classroom at the same time.

3.  Renewal Period (4 to 2 years)

  • License renewals issued after July 29, 2010, will be for a two year license period.  The license renewal fees remain the same, and are posted on www.azre.gov.
  • Effective 7/1/2010, the ADRE computer system will automatically change the renewal period from 4 to 2 years.

4.  Fingerprint Clearance Card

  • As of July 30, 2010, a Fingerprint Clearance Card from the Department of Public Safety, or a completed fingerprint card will be accepted by ADRE at the time of license application.  All disclosures will still be required on the application.
  • As of October 1, 2010, only a Fingerprint Clearance Card from the Department of Public Safety will be required by ADRE at the time of license application by the applicant.  Disclosures will still be required on the application.
  • A supply of Fingerprint Clearance Card Application kits may be ordered by using the Applicant Clearance Card Team (ACCT) supply order form at www.azre.gov.

06.17.10

Judy Lowe, the Arizona Department of Real Estate Commissioner, has been made aware of a sign that was posted on or about June 14, 2010 at the Maricopa County Superior Court.  The sign stated that the Commissioner had issued a Cease and Desist Order relating to any individual acting on behalf of a buyer in placing bids at a Public Auction without holding a valid Real Estate License in Arizona.

The Commissioner did not issue a Cease and Desist Order as represented.  In addition, the sign was posted without the knowledge or authorization of the Commissioner, by a party or parties unknown.

That being said, the Arizona Revised Statutes regulating the performance of real estate activity in Arizona requires that any individual who acts on behalf of or offers to act on behalf of another in a real estate transaction and receives or anticipates receiving compensation for such representation must hold an active and valid Real Estate license in the State of Arizona.  The definition of real estate activity comprises any activity that results in the sale of real estate.

It is the Commissioner’s position that individuals or companies advertising their services to represent, or representing buyers, for real estate in Arizona, in the bidding at Public Auctions and receiving compensation for such activity are required to hold an active and valid Real Estate license in the State of Arizona.

In accordance with the Arizona Revised Statutes, A.R.S. § 32-2121.A (5) and (18) respectively, the following parties are included as exempted from the licensure requirements: A trustee selling under a deed of trust; and, a trust company owned by a bank holding company regulated by the federal reserve board or a bank in exercising its fiduciary duties under the terms of a trust agreement to which real property is subject.

Information on obtaining an Arizona Real Estate license is available at the Arizona Department of Real Estate website at www.azre.gov.


06.01.10

A “Special Edition” Bulletin featuring Disciplinary Actions from January to May 2010 is available for viewing here.


04.20.10

Dialog, The Periodic Bulletin from the Arizona Department of Real Estate is available for viewing here.


04.08.10

  • Substantive Policy Statement No. 2010.01
  • ADRE User Agreement and AAR TM File Access Package

1.  Substantive Policy Statement No. 2010.01
Guidance for using Electronic Real Estate Transaction Management and/or Document Storage Programs
Description: This advisory provides guidance and outlines the responsibilities of brokers who are using or intend to use any electronic record program, and who have signed or intend to sign the Department’s User Agreement, which provides the Department access to their electronic storage systems.
Effective Date: March 8, 2010
To view the SPS, Click Here.

2.  ADRE User Agreement and AAR TM File Access Package
The purpose of this Agreement is to grant ADRE electronic access to a brokerage's TM Program to enable streamlined exchanges of information when ADRE conducts records inspections as authorized by law, thereby minimizing disruption to a business and making the process more cost-efficient for both the brokerage and ADRE.  To view, Click Here.


03.23.10

Commissioner’s Advisory No. 1 - Rights and Responsibilities when a Real Estate Firm Closes - Released 12/07 - has been revised.  Click here to view the advisory.


02.23.10

It’s Official!  The Arizona Department of Real Estate website has a new look!

Recently the Department of Real Estate received the final “Ok” from Arizona’s Government and Information Technology Agency (GITA) to post its’ revised website.  Our website’s “look” conforms to other State agencies which provides for uniformity.  The Department seized the opportunity to enhance our site’s features and abilities, in addition to making the site more “user friendly”.

If you are an Educator or a School Administrator/Instructor using the Department website and pages for creating courses like “Surfing with the Commissioner”, you might have to update your course outline to be up-to-date with the new website.

We are continuously reviewing the content of the site and would appreciate your feedback!


02.04.10

A new fee schedule goes into effect on February 4, 2010 and is posted on the ADRE website.  Click the Fee Schedule link to view it.


01.19.10

The State of Arizona is facing a crucial time in regard to the budget.  As a result, and so as to continue to provide optimal customer service to the Industry and Public in Southern Arizona, the ADRE Tucson office will have the following business hours:

  • Monday, Wednesday, Friday – the office will be open to conduct business as usual
  • Hours: 8 AM to 5 PM
  • Closed: Noon – 1 pm
  • Tuesday & Thursday - the office will not be open to the public

To avoid unnecessary trips to the Tucson office, please call ahead to ensure that staff is available.  The Tucson office number is (520)628-6940.

Remember to use our Online Services @ www.azre.gov.


01.04.10

Recently the Arizona Department of Real Estate made some staffing changes in the following divisions:

  • Development Investigations and Services
    • Cindy Ferrin retired on 12/24/09.  Robin King will be the Manager for this division, as well as Real Estate Investigations, and to provide supervision
  • Professional Education -
    • Michael Hailey is no longer with ADRE as of 12/31/09
    • Janet Blair, Assistant Commissioner-Real Estate Services will provide direction and oversight

These changes are a result of the department’s continued efforts in creating efficiencies and cost savings.  These efforts will assist the department in meeting its mandated mission of “protecting the public.”

Our best wishes to Ms. Ferrin and Mr. Hailey in their future endeavors.


11.10.09

  1. Dialog, The Periodic Bulletin from the Arizona Department of Real Estate is available for viewing here.
  2. On November 17, 2009 (Tuesday), all Department of Real Estate Tucson Office employees will be temporarily at the Phoenix office.  On that day, the Tucson office will be closed from 9:00 AM to 3:30 PM.  Should you need immediate assistance, please call 602.771.7700 or use the Department’s website.

09.18.09

Today, Commissioner's Advisory No. 4 - Guidance for using Electronic Real Estate Transaction Management Programs, was released.  The ADRE supports Designated Brokers who have implemented a Transaction Management for the internal standardization of document storage, as long as it adheres to the guidelines as mandated in the Arizona Statutes and Rules.  Understanding there are several computer based transaction management systems (TM), this advisory provides guidance to brokers who are using or who intend to use a transaction management system.  Click here to view the advisory.


07.23.09

Dialog, The Periodic Bulletin from the Arizona Department of Real Estate is available for viewing here.

A “Special Edition” Bulletin featuring Disciplinary Actions from January to June 2009 is also available for viewing here.


07.14.09

On Friday, July 10, 2009, an Informational Alert went out with the following:

1.  Substantive Policy Statement No. 2008.03 Revision
Substantive Policy Statement Short Title: Acceptable Forms of Payment
Description: The Department will only accept payment for fees and for any other purposes when made by credit card, check, or money order.  The Department accepts the following forms of payments: Visa, MC, Amex, Discover, Checks, Money Orders, no cash.

The Revision has been rescinded and the original SPS No. 2008-03 stands.  The Department accepts the following forms of payments: Visa, MC, Amex, Discover, Checks, Money Orders, and Cash.


07.10.09

  • Substantive Policy Statement No. 2008.03 Revision
  • Credit Cards
  • Walk-in Same Day Process
  • Designated Brokers

1.  Substantive Policy Statement No. 2008.03 Revision
Substantive Policy Statement Short Title: Acceptable Forms of Payment
Description: The Department will only accept payment for fees and for any other purposes when made by credit card, check, or money order.  The Department accepts the following forms of payments: Visa, MC, Amex, Discover, Checks, Money Orders, no cash.
Effective Date: Revised 07/09/09

2.  Credit Cards
Added to the list of credit cards accepted by ADRE are Amex and Discover.

3.  Walk-in Same Day Process
ADRE is accepting applications Monday through Friday at the Phoenix and Tucson offices.  The cutoff time for walk-in same day process is 4:30 pm.

4.  Designated Brokers
If you are a Designated Broker, you can go to the Broker Personal Page on the ADRE Online System and directly access Continuing Education and Legal Presence status for your employee's.  You can also print your employee's licenses.


06.16.09

Recruitment Announcement - Education Advisory Committee

Arizona Real Estate Commissioner Judy Lowe extends an invitation to real estate professionals interested in joining the Education Advisory Committee (EAC).  This committee was established to assist the Department in its mission of protecting the public interest by raising the level of professionalism in the Real Estate sector without creating undue barriers to entry into the profession.

The EAC has some upcoming vacancies in certain membership categories:

  • Commercial or Business Brokerage (2)
  • Industrial Brokerage (1)
  • Real Estate Instructor (1)
  • Lender (1)
  • Escrow Officer (1)
  • Real Estate School Owner/Administrator (3)

If you are interested in serving on the committee and your experience or current position dovetails with an upcoming opening for the 2009–2011 term, please submit a resume accompanied with a letter of interest describing your work experience and education to: Michael Hailey, Education Manger, 2910 N. 44th St., Phoenix, AZ 85018 by COB Wednesday, July 15, 2009.  Note: If you have served on the EAC in the past and are still interested in serving, please feel free to apply.  You may also submit your information via e-mail to mhailey@azre.gov.

The EAC meets every other month, with more frequent meetings from time to time as needed.  The EAC members are volunteers and are not compensated for their time, nor reimbursed for expenses.  Over the past four years, the EAC has worked diligently to provide ADRE with recommendations for an array of education issues pertaining to real estate licensees.

Again, ADRE appreciates your time and effort in our aspirations to improve the quality of real estate pre-licensure and continuing education.  If you have any other questions or concerns feel free to contact Michael Hailey, Education Manager, mhailey@azre.gov.


05.21.09

Office of the Governor
1700 West Washington Street
Phoenix, AZ 85007

Press Release Issued 5/14/09

Governor Jan Brewer Announces
Director of Department of Real Estate

PHOENIX- Arizona Governor Jan Brewer today named Judy Lowe as the new Director of the Arizona Department of Real Estate.

“Ms. Lowe has enjoyed an extensive career in the field of real estate that will serve the people of Arizona well,” stated Brewer.  “She is an established industry leader who will help guide us through the unstable times in our state’s real estate market.”

Ms. Lowe is the former President and owner of Realty Executives Southern Arizona, where she worked in various areas of real estate including commercial, residential, land, new home sales and relocation, and corporate services.  Prior to her time there, she worked her way from a real estate secretary to become one of the owners of Coldwell banker Success Realty Arizona in 1992.  Ms. Lowe is currently active in working with local government jurisdictions on Southern Arizona affordable housing issues.  She has been a licensed realtor in Arizona since 1980 and a license broker since 1986.

Ms. Lowe has served on the Executive Committee of the National Association of Realtors (NAR), Director of NAR for fourteen years, as president of the Arizona Association of Realtors and as President of the Tucson Association of Realtors.  She recently worked on the Real Estate committee of the Arizona/Mexico commission and on the International Real Estate council.  Ms. Lowe has been the recipient of the “Arizona Realtor of the Year” award and the “Tucson Realtor of the Year” award.

Ms. Lowe is very active in her local community where she is a member of the Tucson Chamber of Commerce, the Tucson Children’s Advocacy Foundation and is the annual participant of the Arizona Town Hall.


04.23.09

The Real Estate Advisory Board Meeting will be held on 4/27/09 (Monday) from 10 am to Noon at ADRE, 2910 N. 44th. Street, Administration Conference Room.


04.08.09

The Real Estate Advisory Board Meeting scheduled for 4/9/09 (Thursday) at 10 am has been cancelled.  Please check the Department’s website for new meeting notices.


03.31.09

  1. Broker Price Opinion
  2. Broker’s Ability to Print Copy of Agent License
  3. Real Estate Advisory Board Meeting

1.  Broker Price Opinion
Real Estate statutes specifically state that a licensee, in this case a salesperson, may receive compensation for real estate activity only through his/her employing broker.  Offering a broker price opinion is considered real estate activity.

2.  Broker’s Ability to Print Copy of Agent License
The ADRE database had an area where a broker could look at the list of agents and quickly and easily print a copy of the agent license.  This function was removed in 2007; however, we anticipate reinstating the function toward the end of summer 2009.

3.  Real Estate Advisory Board Meeting
The Board will be meeting on 4/9/09 (Thursday) at 10 am at ADRE, 2910 N. 44th. Street, Administration Conference Room.  A copy of the agenda is available by contacting Mary Utley.


01.12.09

This information is considered essential to Real Estate Licensees and the Public.  Your feedback is valuable and welcomed.

  1. (REVISED)
  2. ADRE Annual Report for 2008
  3. New Subdivision Disclosure Report (Public Report) Application and Format
  4. Print an Unofficial License Certificate
  5. Submit your Proof of Legal Presence
  6. SPS 2008.02 - Subsequent Owners/Disclosure Reports (Public Reports)

1.  (REVISED)


2.  ADRE Annual Report for 2008
The ADRE Annual Report is now available on our website.  Click here to view or download the report.  Take a look at what we’ve been up to and save a copy for future reference!

3.  New Subdivision Disclosure Report (Public Report) Application and Format
We are very excited to announce a new application and format for the Subdivision Disclosure Report.  The new forms are available on our website; click here to view them.  Please note: The new forms are effective January 1, 2009, however, the old application and format will still be accepted by ADRE until March 30, 2009.

4.  Print an Unofficial License Certificate
Many of you asked for a certificate similar to the old paper license so you could proudly display it on your wall.  We listened!  Active brokers and agents can now print an unofficial certificate of your real estate license by using our Online License System.  Log in to your secure licensee account on our server (https://az.gov/webapp/dre/) and click on “Print My License” located under “What’s New”.

5.  Submit your Proof of Legal Presence
Earlier this year, the Arizona State Legislature passed a law (A.R.S. § 41-1080) which requires all state agencies who issue licenses to obtain proof of legal presence before issuing a license.  ADRE may not issue or renew a license to a person who has not submitted legal presence documentation.  This need be done only once, so please, don’t wait until the last minute – submit your information today.

Sending your documentation to us is SECURE and SIMPLE:
  1. Scan your Arizona driver license (issued after 1996)
  2. Log in to your secure licensee account on our server (https://az.gov/webapp/dre/)
  3. Click on “Manage my legal presence”
  4. Upload your scan
It’s that easy!  If you don’t have an Arizona driver license issued after 1996 or if you are a non-citizen legally present in the United States, we have a list on our website of acceptable forms of identification that you can submit.  Just go to www.azre.gov and click on “Instructions for Providing Proof of Legal Presence in U.S.” located under “Quick Links” on the Homepage.

6.  SPS 2008.02 - Subsequent Owners/Disclosure Reports (Public Reports)
Since this policy change, eighteen subsequent owners have taken advantage of this efficiency.  This policy reduces unnecessary regulation and continues to protect the public through disclosure.


01.08.09

Real Estate Commissioner Sam Wercinski has notified Governor Napolitano of his intent to resign.  Read his letter at www.azre.gov.  The following is his letter of gratitude to the Public and Industry.


January 8th, 2009

Dear Friends,

It has been a great honor to serve Arizona as your Real Estate Commissioner.  It is with mixed emotions that I tell you that my final day as Commissioner will be effective upon Governor Napolitano’s resignation.  Should Secretary of State Brewer, upon becoming Governor, wish me to assist the incoming Commissioner during a transition period, I would be pleased to do so.  I shall remain available to the new administration as requested.

The ADRE team remains committed to Protecting the Public by offering the same exemplary service you have come to experience during my term.  Our success is a testament to the partnerships formed between the Three Entities: The Public, The Industry and The Department.  By Promoting Mutual Respect, collectively, we created a new foundation to advance practical and sound real estate policy in our growing state.  Please commit yourself to fostering this perspective so we can continue to empower Arizona and emerge from these challenging times as a stronger community.

As you may know, the ADRE Spring 2009 Community Outreach and Education program has been scheduled for February and March.  I will complete this tour as a guest speaker with schools who chose to partner with ADRE in offering the program.  The COE has been approved for three credits of Commissioner’s Standards and information is available at AZRE.gov.

I wish you and the incoming Commissioner great success.  Please stay in touch with me through email at Sam@SamWercinski.com or via Facebook.com.  If you send me your contact information, I would enjoy visiting with you as I continue to travel around Arizona.

Gratefully and with Sincerest Respect,

Sam Wercinski
Arizona’s Real Estate Commissioner
January 2007 – January 2009


10.29.08

This alert is being issued for the protection of the Public and is considered essential to Real Estate Licensees and their clients and customers.  Your feedback is valuable and welcomed.

On October 22, 2008, the Arizona Department of Real Estate issued a Cease and Desist Order against Dan E. Manley of Phoenix, Arizona and GoRenter.com, LLC.  Sam Wercinski, Arizona’s Real Estate Commissioner, emphasized, “The purpose of our action is to protect consumers from this type of predatory practice being alleged which is illegal under Arizona statutes.”  The Cease and Desist Order is a result of compelling evidence supporting allegations that GoRenter.com and Dan E. Manley engaged in advertising an illegal promotion as a means of securing new clients and customers.  The entire Order is available to read via the ADRE public online database at www.azre.gov or by clicking here and opening the disciplinary file on-line.

To report complaints, please email the ADRE at investigations@azre.gov or call 602.771.7730.  We appreciate your partnership with ADRE in protecting the Public.


10.10.08

This information is considered essential to Real Estate Licensees and the Public.  Your feedback is valuable and welcomed.

  1. Graham County becomes 9th county to sign Inter-Governmental Agreement (IGA)
  2. Community Outreach and Education Program (COE) - Upcoming schedule of events
  3. Northern Presence - Dates of Department services in Prescott and Flagstaff
  4. City of Avondale - First HOA Academy scheduled October 21st and 23rd
  5. West Nile Update - Season’s Activity, Economic Impact, The New Breed and Information at your Fingertips

1.  Graham County becomes 9th county to sign Inter-Governmental Agreement (IGA)
On September 15, the Graham County Board of Supervisors approved the IGA between the Department and County.  The IGA strengths the ability of the County and the Department to actively pursue illegal subdivisions.

2.  Community Outreach and Education Program (COE) - Upcoming schedule of events

Pinal County
Date: Tuesday, October 14, 2008
Time: 10:00 am – 1:00 pm
Host: City of Coolidge
Location: City Council Chambers, 911 Arizona Blvd., Coolidge
Register: http://pinalcoe.eventbrite.com

Cochise County
Date: Tuesday, October 21, 2008
Time: 11:00 am – 2:00 pm
Host: City of Sierra Vista
Location: Sierra Vista City Hall, Council Chambers, 1011 N. Coronado Drive
Register: http://cochisecoe.eventbrite.com

Santa Cruz County
Date: Wednesday, October 22, 2008
Time: 10:00 am – 1:00 pm
Host: Nogales-Santa Cruz County Chamber of Commerce
Location: Americana Hotel, 639 N. Grand Ave, Nogales
Register: http://santacruzcoe.eventbrite.com

Pima County
Date: Thursday, October 23, 2008
Time: 10:00 am – 1:00 pm
Host: Tucson Association of REALTORS® and the City of Tucson
Location: Leo Rich Theatre, 260 South Church Ave., Tucson
Register: http://pimacoe.eventbrite.com

Yavapai County - ADDED EVENT!!
Date: Thursday, November 13, 2008
Time: 10:00 am – 1:00 pm
Host: Prescott Area Association of REALTORS®
Location: Prescott Quality Inn & Suites, 4499 E. SR-69, Prescott, AZ
Register: http://prescottcoe.eventbrite.com

3.  Northern Presence - Dates of Department services in Prescott and Flagstaff
The Department will continue to provide services in Northern Arizona.  The schedule is:

  • October 29 - Flagstaff - Pioneer Title (Conference Room) 1016 W. University Ave, 2nd Floor
  • November 25 - Prescott - Prescott Public Library, 215 E. Goodwin Street
  • December 17 - Flagstaff - Pioneer Title (Conference Room) 1016 W. University Ave, 2nd Floor

4.  City of Avondale - First HOA Academy scheduled October 21st and 23rd
The City of Avondale is hosting an academy to promote successful Homeowner’s Association (HOA) living.  This two-evening series is scheduled for Tuesday, October 21 and Thursday, October 23.  Both sessions will begin at 6:30 pm at Avondale City Hall and end at 9 pm.  The cost is $20.  For more information or to register, please contact Avondale’s Citizen Liaison at 623.333.1601.

5.  West Nile Update


  • Season’s Activity - It’s been a busy season and it seems that the end of September is bringing no immediate relief in terms of mosquito activity or weather.  To date in 2008, Maricopa County Vector Control has:
    • Received 2,500+ mosquito complaints in the first two weeks of September alone
    • Received 11,8939 mosquito complaints since January
    • Set more than 14,400 surveillance traps
    • Larvacided more than 6,300 acres of known, routine breeding sites
    • Fogged more than 233,711 acres due to mosquito activity that meet established triggers
    • Investigated 10,366 green pool complaints
    • Found 147 WNV positive mosquito samples
    • Confirmed 48 human cases (including 3 deaths) and 7 more suspect cases
  • Economic Impact - Needless to say, foreclosures are up and with them the number of abandoned houses across the Valley.  Vector Control has seen green pool complaints almost double.  While they continue to work 60 hour weeks and employee volunteers on weekends, they are still dealing with a backlog of complaints.  However, there is some good news!  A new procedure for dealing with abandoned houses appears to be working.  Bright postings on fences or doors indicate that Vector Control has been to a property and treated the pool with gambusia fish to address the mosquito breeding.  Also, please keep this in mind; drained pools often fill up with stagnant water after weather events, restarting the cycle of mosquito breeding.
  • The New Breed - Aedes Aegypti.  For the last five years, the Valley has been hosting a new breed of mosquito which is capable of carrying and conveying West Nile virus.  Unfortunately, this tenacious little species is difficult to fight.  The Aedes Aegypti is a backyard mosquito that can breed in very small amounts of water. (Inspectors once found a candy wrapper under an oleander that was putting out plenty of this new species.)  It is also a species known for its daytime activity, making the overnight fogging a rather useless part of their arsenal.  So, what does this mean?  The answer is, as always, prevention.  It is more important than ever that we spread the word about removing breeding sites, especially in our own backyards.
  • Information at your Fingertips - In the last year, surveillance and fogging activity has been automated with a GIS system that is available online.  To view trap locations, trap results, fogging activity and more, check www.maricopa.gov/wnv and choose “Mosquito Activity in your neighborhood” on the right hand side.

09.25.08

This information is considered essential to Real Estate Licensees and the Public.  Your feedback is valuable and welcomed.

  1. Commissioner's Advisory No. 3 - Guidance for Homebuilders, Subsequent Owners and Lenders
  2. AZ Homebuilders in Financial Trouble
  3. Instructions for Providing Proof of Legal Presence in U.S.
  4. Bank of America first to obtain Special Order of Exemption from Department
  5. Tuesdays for Rural Arizona
  6. Dialog: Volume 2008 - Issue 5 – Bulletin posted on website

1.  Commissioner's Advisory No. 3 - Guidance for Homebuilders, Subsequent Owners and Lenders
Most Arizona homebuilders continue to meet obligations to their customers.  We want to assist homebuilders including those that declare bankruptcy, have projects that go into foreclosure, or have difficulty meeting commitments.  Our goal is to protect the Public and assist homebuilders, as possible, to meet their obligations to purchasers.

2.  AZ Homebuilders in Financial Trouble
This lists developers and builders who have filed bankruptcy, have projects in foreclosure or are having labor and material men liens recorded against projects.

3.  Instructions for Providing Proof of Legal Presence in U.S.
Effective October 1, 2008, ADRE is permitted to renew your license only if we receive proof of your legal presence in this country.

4.  Bank of America first to obtain Special Order of Exemption from Department
Banks and any other person, persons or entity acquiring 6 or more properties in a platted development are by definition subdividers and must secure a Subdivision Disclosure Report (Public Report) before offering these parcels individually for sale to the public.  Substantive Policy Statement No. 2008.02 Short Title: Subsequent Owners/Disclosure Reports (Public Reports) intent was to create expediency in these cases.  Any licensees working with banks or other that should have a disclosure report are responsible to ensure one is used and assist their client in obtaining one if necessary.  The Commissioner is aware that the practice of utilizing unlicensed individuals to help licensees manage bank owned properties is on the rise.  Agents and brokers are encouraged to review A.R.S. §32.2101 (47) and A.R.S. §32-2153 (A) (6) to ensure compliance and avoid unintentional violation of statutes or rules by these unlicensed assistants.

5.  Tuesdays for Rural Arizona
Reminder - Tuesdays are reserved for licensees living outside of Maricopa and Pima County.  Please keep this in mind when planning your next visit to the Department.

6.  Dialog: Volume 2008 - Issue 5 – Bulletin posted on website
Dialog: Volume 2008 - Issue 5 – Bulletin is now posted at www.azre.gov.


08.18.08

This information is considered essential to Real Estate Licensees and the Public.  Your feedback is valuable and welcomed.

Most Arizona homebuilders continue to meet their obligations to customers, however, there are some who are currently facing challenges in meeting their commitments to consumers.

“Homebuyers and their real estate agents have the right to know if a builder is in financial trouble and what the status of their earnest money or home completion is.  The Department of Real Estate can help provide this information and give assistance to consumers in need,” stated Sam Wercinski, Arizona’s Real Estate Commissioner.

The Department is now posting information on builders who are in bankruptcy or are having financial difficulties so consumers can make informed decisions and take steps to protect themselves.  A list of known builders is available on the Department’s website.  Consumers should also reference the Commissioner’s Advisory No. 2 from the website's home page which provides guidance for homebuyers, real estate agents and others impacted by a builder ceasing operations.


07.08.08

This information is considered essential to Real Estate Licensees and the Public.  Your feedback is valuable and welcomed.

  1. FY 2009 Budget for the Arizona Department of Real Estate
  2. Revising Industry Fees
  3. Fall 2008 Community Outreach and Education (COE) Program – 3 CE Credits
  4. Foreclosure Prevention Hotline 1-877-448-1211 and AZ211.gov resources
  5. Assessment shows effects of fissures
  6. Mortgage Loan Originators Bill signed into law
  7. Pack to School Campaign
  8. Dialog: The periodic bulletin from The Arizona Department of Real Estate

1.  FY 2009 Budget for the Arizona Department of Real Estate
The FY 2009 Budget approved by the Governor and Legislature includes an operating budget reduction for the Arizona Department of Real Estate (ADRE) in the amount of $461,400.  The ADRE Team will continue to deliver quality customer service to our clients and customers.  Your input and feedback is important and valued as we strive to do more with less.  For example, despite a budget reduction of $230,800 in FY 2008 and an increase in violations, we reduced our pending caseload in Enforcement and Compliance from 372 on July 1, 2007 to 242 on July 1, 2008.

2.  Revising Industry Fees
The Department of Real Estate is pleased to announce that as of July 7, 2008, it has revised the fee schedule for licensing and services provided to the Industry.  Sam Wercinski, Arizona’s Real Estate Commissioner stated that “We have eliminated fees for real estate licensees being hired or transferred, expecting to save practitioners nearly $400,000.00 in Fiscal Year 2009.  Eliminating this expense will also provide savings to companies who wish to consolidate branch offices or merge with another firm.”  The Department also lowered the online license renewal fee for the second year in a row.  This will encourage more agents and brokers to use our online system when they renew for a four-year license.  Individuals applying for a real estate license will now pay more for the initial two-year license which Commissioner Wercinski believes better reflects its value.  Legal Subdividers will also share in the savings with a 10% reduction in the initial filing fee.  See our new fee schedule.

3.  Fall 2008 Community Outreach and Education (COE) Program – 3 CE Credits
Join Commissioner Wercinski, elected officials and industry experts to learn about new policies, statutes and rules that impact Arizona real estate consumers and practitioners.  By partnering with the Arizona Association of Realtors ®, 3 continuing education credits will be given for Commissioner Rules.  Contact Tory Anderson at tanderson@azre.gov to register for this free program.  Find the location and date of our COE nearest you at www.azre.gov or by clicking here.  Special thanks to our hosts for each COE.

4.  Foreclosure Prevention Hotline 1-877-448-1211 and www.AZ211.gov resources
Share these sources of help with those you know and post them on your own websites.  Working together, we can help more people in need of assistance, stabilize neighborhood values by preventing foreclosures and successfully fight blight currently rising in areas with large numbers of vacant home.

5.  Assessment shows effects of fissures
The Pinal County Assessor's Office slashed the value of a fissure-riddled residential property by 60 percent last week - a first-of-its- kind move that residents and experts laud as precedent setting.  Read the East Valley Tribune article at www.eastvalleytribune.com/story/119904.

6.  Mortgage Loan Originators Bill signed into law
Gov. Janet Napolitano has signed legislation to license loan originators, a measure strongly backed by Commissioner Sam Wercinski and many members of Arizona’s real estate industry.  Read the Capitol Times article at www.azcapitoltimes.com/group.cfm?sect=breakingnews.

7.  Pack to School Campaign
Last year, nearly 10,000 students received supplies as part of this effort.  This year’s goal is to collect a greater number of supplies to benefit a larger number of students.  Participating schools are located throughout the state and are selected based on their percentage of students qualifying for the Free and Reduced Lunch program.  The 2008 Campaign is effective from 7/1/08 to 7/31/08.  Look for collection boxes in the lobbies of the Department of Real Estate and throughout the buildings in both Phoenix and Tucson.  Please let us know about your contribution so we may thank you!  Contact Mary Utley at mutley@azre.gov.

8.  Dialog: The periodic bulletin from The Arizona Department of Real Estate
Dialog is now posted - Volume 2008 — Issue 4 at www.azre.gov.


06.18.08

Combating Mortgage Fraud Top Priority for Department of Real Estate - The Arizona Department of Real Estate issued Substantive Policy Statement (SPS) No. 2008.06 today to strengthen efforts against mortgage fraud.  The purpose of the SPS is to prevent mortgage fraud through disclosure of premiums, credits and rebates offered by real estate licensees in a real estate transaction.  Additionally, the Department is drafting stronger rules for real estate licensees which will specifically address mortgage fraud.

“Protecting consumers from mortgage fraud is a top priority.  We are successfully holding licensees involved in fraud accountable by working closely with the Attorney General and the Department of Financial Institutions.  Arizona consumers are better protected through this partnership,” stated Sam Wercinski, Arizona’s Real Estate Commissioner.

Wercinski also noted that the Real Estate Department plans to pursue legislation to strengthen its ability to take action against real estate licensees who participate in mortgage fraud.


06.06.08

This information is considered essential to Real Estate Licensees and the Public.  Your feedback is valuable and welcomed.

  1. Mortgage Trouble?  Toll-Free hotline available with resource referral
  2. Feeling the Economic Crunch?  Find the Financial Help You Need
  3. Facing Foreclosure - Roadmap to Solutions Event
  4. Commissioner Wercinski announces reorganization to advance Public Protection and Consumer Service
  5. SPS 2008.05 - Continuing Education Requirements for Renewal of Four-Year License
  6. Dialog, the periodic bulletin from the Arizona Department of Real Estate

1.  Mortgage Trouble?  Toll-Free hotline available with resource referral
Toll-Free hotline 1-877-448-1211 available to provide you with referrals to Arizona organizations participating in the National Foreclosure Mitigation Counseling Program.  There are over 20 organizations participating throughout Arizona.

2.  Feeling the Economic Crunch?  Find the Financial Help You Need
Governor Napolitano’s Family Economic Relief project provides a way to get information out to Arizonans who are facing hardship given the current economic environment.  With record home foreclosures, restrictions in the credit market, and increasing gasoline and food costs, what many people need is a simple way to access information and resources for assistance in their own communities.  The Governor’s Office has posted the Family Economic Relief project in an easy to navigate format through a feature link on www.az211.gov.

3.  Facing Foreclosure - Roadmap to Solutions Event
Focus: Empower homeowners to help themselves and preparing them to talk with lender on their own, or through a counselor -

When:  Saturday  June 28, 2008  9am-1pm
Where:  El Pueblo Neighborhood Center
101 W. Irvington Rd  Tucson, AZ

Questions or to Register:  Call Don't Borrow Trouble® Pima County @ 520.792.3087

4.  Commissioner Wercinski announces reorganization to advance Public Protection and Consumer Service
In anticipating future demands and more efficiency in the Department, Commissioner Wercinski announced the following leadership assignments:

  • Tom Adams - Assistant Commissioner for Licensing and Professional Education
  • Janet Blair - Assistant Commissioner for Licensing Investigations and Auditing
  • Roy Tanney - Assistant Commissioner for Development Investigations and Services

5.  SPS 2008.05 - Continuing Education Requirements for Renewal of Four-Year License
Arizona’s Real Estate Commissioner Sam Wercinski released Substantive Policy Statement No. 2008.05 today.  The SPS is designed to clarify for the industry our policy on regulating continuing education for licensees with a four-year license.  You may click here for a copy of the SPS.  Please direct questions to Assistant Commissioner Tory Anderson at tanderson@azre.gov.

6.  Dialog, The periodic bulletin from the Arizona Department of Real Estate
Dialog, the periodic bulletin from the Arizona Department of Real Estate, Volume 2008 - Issue 3 is now posted.  Please visit the Department’s website: www.azre.gov to view.


05.15.08

This information is considered essential to Real Estate Licensees and the Public.  Your feedback is valuable and welcomed.

  1. Mortgage officer licensing bill hits snag
  2. Triple C Meeting
  3. Earth Fissure Training
  4. Arizona-Mexico Commission Plenary Session

1.  Mortgage officer licensing bill hits snag
“As Arizona's Real Estate Commissioner, I am very concerned by the recent increase Arizona is experiencing in mortgage fraud and the impact it has on the credit markets, real estate consumers and our industry.  I encourage you to read the recent article by PAUL DAVENPORT, Associated Press Writer and posted on The Arizona Daily Sun website on May 12 about efforts to license loan originators as a measure to combat mortgage fraud and to take a moment to contact your legislators to voice your opinion on the licensing bill”, stated Sam Wercinski, Arizona’s Real Estate Commissioner.
Link to article: www.azdailysun.com/articles/2008/05/12/news/20080512_front_page_2.txt.

2.  Triple C Meeting
A Triple C meeting is scheduled for May 20, 2008 from 1 pm to 2 pm at the Coconino County Complex, 2625 N. King Street, Flagstaff.  Triple C (Commissioner’s Community Conversations) meetings focus on a specific topic.  All are welcome!  This is the time to bring opportunities and challenges to the Commissioner.

3.  Earth Fissure Training
The Department is partnering with the Arizona Geological Survey to provide Earth Fissure training on May 20, 2008 at ADRE from 10 am to 11:30 pmRegistration is necessary!  Training is also scheduled for Southern Arizona on May 22, 2008 from 2 pm to 3:30 pm at Tucson Association of REALTORS®Registration is necessary!  For further information contact Mary Utley at mutley@azre.gov.

4.  Arizona-Mexico Commission Plenary Session
Arizona-Mexico Commission (AMC) - The AMC Summer Plenary 2008 Session is scheduled for June 20-21, in Phoenix.  Please visit www.azmc.org to register online.


05.08.08

This information is considered essential to Real Estate Licensees and the Public.  Your feedback is valuable and welcomed.

  1. Foreclosure Prevention Workshop - Homeownership Preservation
  2. Homeownership… ”The American Dream” Housing Summit 2008

1.  Foreclosure Prevention Workshop - Homeownership Preservation
This workshop will provide education and resources to help homeowners facing foreclosure.  It is FREE and continuing education credit is available.  Please make sure to register at the event.  We apologize for the short notice.

  • Sponsoring Organizations:  Federal Home Loan Bank of San Francisco, Arizona Foreclosure Prevention Task Force, and Arizona Housing Counseling Collaborative
  • Saturday, May 10, 2008 at 8:30 am (registration)
  • Workshop – 9 am to 1 pm
  • Phoenix City Hall, 200 West Washington Street, Phoenix, AZ 85003
  • Continuing Education Credits:  4 Fair Housing

A special “thank you” to THE JOHN DYER SCHOOL OF REAL ESTATE for partnering with the Arizona Foreclosure Prevention Task Force, Federal Home Loan Bank of San Francisco and Arizona Housing Counseling Collaborative.

2.  Homeownership… ”The American Dream” Housing Summit 2008


  • Sponsors:  Tucson Association of REALTORS® and the Arizona Association of Mortgage Brokers
  • Saturday, May 31, 2008 from 10 am – 2 pm
  • Tucson Convention Center - North Exhibit Hall
  • Cost:  $5.00 or free with coupon available at www.tucsonrealtors.org

04.23.08

This information is considered essential to Real Estate Licensees and the Public.  Your feedback is valuable and welcomed.

  1. Online Renewal System(ORS) - Gentle Reminder: Use ORS to update personal information
  2. Northern Arizona Presence
  3. Fair Housing Forum
  4. Earth Fissure Training
  5. Triple C Meeting
  6. 10-Day Notices

1.  Online License Renewal System - Gentle Reminder: Use OLRS to update personal information

  • Contact information (address, phone number, email, etc.)
  • Input any nickname used (i.e. signs, business cards, etc.)

Keeping your personal information current will assist the Department to provide you vital information in a timely manner.

2.  Northern Arizona Presence
The Department continues to research how to best provide services to Northern Arizona.  For the next 6 months the Department will be conducting an alternating pilot program between Flagstaff and Prescott.

  1. Scheduled for April
    • April 30, 2008 - 10:00am - 3:00pm
    • Location:  Pioneer Title (Conference Room)
      1016 W. University Ave, Second Floor
      Flagstaff, AZ


  2. Schedule for May
    • May 22, 2008 - 10:00am - 3:00pm
    • Location:  Prescott Public Library (Bump Room)
      215 E. Goodwin Street
      Prescott, AZ

3.  Fair Housing Community Forum
This free forum will be an opportunity to learn about the Fair Housing Act and discuss ways to address and eliminate housing discrimination in the community.  For further information contact: Arizona Attorney General’s Office at communityservices@azag.gov

  • April 30, 2008 - 5:00pm - 7:00pm
  • Location:  YWCA Frances McClelland Leadership Center
    525 N. Bonita Ave
    Tucson, AZ

4.  Earth Fissure Training
The Department and the Arizona Geological Survey have partnered to present current and vital information on earth fissures.  Training is scheduled for:

  • May 20, 2008 10:00am to Noon
  • Location:  ADRE
    2910 N. 44th. Street, 3rd Floor Conference Room
    Phoenix, AZ

5.  Triple C (Commissioner’s Community Conversation) Meeting
This is the time to bring opportunities and challenges to the Commissioner.  Commissioner Wercinski is committed to open dialog.  If you would like to meet with him regarding a topic not listed, please contact Tory Anderson at tanderson@azre.gov.

  • May 20, 2008 - 1:00pm - 2:00pm
  • Location:  Coconino County Complex (Ponderosa Room)
    2625 N. King Street
    Flagstaff, AZ

6.  10-Day Notice
If you are convicted of a misdemeanor or felony, or had a deferral of a judgment or an action taken against a professional license you are required to submit in writing within ten (10) days of each occurrence, by notifying the Commissioner of any change in information per A.A.C. R4-28-301 (A).


04.02.08

This information is being distributed for the protection of the Public and is considered essential to Real Estate Licensees.  Your feedback is valuable and welcomed.

  1. Mark Bosworth - Cease and Desist Order
  2. Russell Bosworth - Recovery Fund Payments
  3. Commissioner’s Advisory No. 2 - Guidance for Homebuyers
  4. Commissioner’s Advisory No. 3 - Guidance for Homebuilders, Subsequent Owners and Lenders
  5. Community Meetings for Homeowners in Randall Martin Developments
  6. Arizona Public Report Training
  7. Northern Arizona Outreach
  8. Department Bulletin - Volume 2008 - Issue 2

1.  Mark Bosworth - Cease and Desist Order
The Arizona Department of Real Estate issued a Cease and Desist Order and a Notice of Right to Request Hearing on Mark Bosworth.  Commissioner Sam Wercinski signed the Order as a result of the January 17, 2008 Civil Judgment ordered against Mr. Bosworth in the amount of $17,457,058.26.  Additionally, Mr. Bosworth allegedly conducted unlicensed activity while serving as the "sole member and manager" of Gorenter.com, LLC.  To view the Order, click here.

2.  Russell Bosworth - Recovery Fund Payments
Commissioner Wercinski signed two orders for payment from the Recovery Fund for Russell Bosworth last month.  This is the 4th payout against the license of Russell Bosworth.  For more information on making a claim against the Recovery Fund, please contact Tory Anderson at tanderson@azre.gov.

3.  Guidance for Homebuyers
Most Arizona homebuilders continue to meet obligations to their customers.  This advisory provides guidance to homebuyers who have questions if a homebuilder fails to meet commitments.  Click here to view Commissioner’s Advisory No. 2, Guidance for Homebuyers.

4.  Guidance for Homebuilders, Subsequent Owners and Lenders
The Department wants to assist homebuilders including those that declare bankruptcy, have projects that go into foreclosure, or have difficulty meeting commitments.  Our goal is to protect the Public and provide stability in the real estate industry by assisting homebuilders in meeting their obligations to purchasers.  Click here to view Commissioner’s Advisory No. 3, Guidance for Homebuilders, Subsequent Owners and Lenders.

5.  Community Meetings for Homeowners in Randall Martin Developments
The Arizona Department of Real Estate is holding informational meetings for Homeowners in Randall Martin Homes Developments.  Please contact Tory Anderson at tanderson@azre.gov for more information and to RSVP.

  • April 5 - 11:00 am at Higley Park
  • April 5 - 2:00 pm at Portello at Dobson Crossing
  • April 19 - 9:00 am at Marley Park
  • April 19 - 11:00 am at Roosevelt Park

6.  Arizona Public Report Training

  • May 5, 2008, 10:30 am at 6757 S. Kings Ranch, Suite 2, Gold Canyon, AZ 85218 (Space is limited!)
  • RSVP to: mutley@azre.gov

7.  Northern Arizona Outreach
The Department is seeking ideas for its outreach effort in Northern Arizona.  Please send them to Tory Anderson at tanderson@azre.gov.

8.  Department Bulletin - Volume 2008 - Issue 2
The Department Bulletin, “Dialog”, Volume 2008 - Issue 2, is posted on the Department website.

Visit www.AZRE.gov for previous Alerts and other valuable information including the Homebuyers’ and Renters’ Bill of Rights.  We are a resource for the Public and Industry.


03.19.08

Sam Wercinski, Arizona’s Real Estate Commissioner, will be at the Devonshire Senior Center Auditorium, 2802 E. Devonshire Ave., Phoenix on March 21, 2008 from 9:30 am to 11:00 am to educate and provide an update on illegal subdivisions, drop houses, and the Homebuyers’ and Renters’ Bill of Rights as well as local real estate “hot topics”.  This is an opportunity to voice your opinions, concerns or issues.  Please join us!


03.14.08

The Department of Real Estate will be in Flagstaff on Wednesday, March 19, 2008 from 10:00am to 3:00pm (closed from 12:00pm to 12:30pm for lunch).  Department representatives will be available to provide licensing services to real estate licensees in Northern Arizona at the Coconino County Administrative Complex, 219 E. Cherry, Flagstaff.  Future dates for this program have not been scheduled.

The Department is researching how to best serve our licensees in Northern Arizona and is currently seeking new ideas.  If you have any suggestions, please send them to Tory Anderson at tanderson@azre.gov.


02.26.08

Informational Alert -

  1. The Department has been notified that Randall Martin Homes’ subdivision lot holdings are going into foreclosure.  According to Randall Bury, owner of Randall Martin Homes, the company is “walking away” from its holdings in Marley Park, Roosevelt Park, Valley at Dobson Crossing (aka Portello at Dobson Crossing) and Higley Park.  It is anticipated that the lien holder(s) will assume ownership.  No complaints have been filed regarding Randall Martin Homes; however, we believe that it is important to alert Consumers and Industry of the company’s intentions.  ADRE is proactively taking steps to ensure consumer protection.  Should consumers have questions or concerns, please contact Cindy Ferrin, Manager - Development Services at cferrin@azre.gov.


  2. Audit of Re/Max 2000 Completed – The Department of Real Estate has concluded an audit of the company’s trust accounts and records and finds them to be in good standing.


  3. On February 13, 2008, the Patagonia Town Council passed Ordinance No. 08-01 which provides that “the final plat of a subdivision located in the Town of Patagonia, which is located outside of an active management area, will not be approved by the Patagonia Town Council unless the Director of the Arizona Department of Water Resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108, or the subdivider has obtained a written commitment of water service for the subdivision from the Town or a private water company designated as having an adequate water supply by the Director pursuant to section 45-108”.  Effective date is March 14, 2008.


  4. ADRE is providing a class on the Arizona Public Report process on February 29, 2008 from 9:30 am to 11:00 am at 2910 N. 44th Street, 3rd Floor Conference Room.  Space is limited!  Please RSVP to Cindy Ferrin, Manager - Development Services at cferrin@azre.gov.


02.13.08

The Arizona Department of Real Estate announces the creation of three Substantive Policy Statements (SPS) and their effective date of Friday, February 8, 2008.  The three new SPSs are:

All Three Entities (Industry, the Public and the Department) provided input on each SPS and supported the policies.  The Department works vigorously to protect the Public and to strengthen the reputation of the Industry.


02.01.08

Scheduled meetings or events for February, 2008

February 7, 2008

TUCSON -  Commissioner Sam Wercinski is hosting a Real Estate Consumer Forum in Tucson on February 7, 2008.  Directors or staff from the Departments of Financial Institutions, Insurance, Housing and Register of Contractors will join the Commissioner.  Consumers are encouraged to bring questions and concerns to the forum to be addressed.  Topics of discussion will include predatory lending, poor construction, insurance concerns, real estate recovery funds and more.  The forum is FREE and open to the public.  It will be held at 4850 S. Park Ave. in Tucson from 7:00 - 8:00pm.  For further information, contact Mary Utley at 602-771-7766 / 520-628-6778 or mutley@azre.gov.

SIERRA VISTA -  A Commissioner’s Community Conversation (Triple C) will be held in Sierra Vista on February 7, 2008 from 1pm to 2pm.  The Triple C meeting will focus on “Hot Topics” for industry and the consumer.  All are welcome.  This is the time to bring opportunities and challenges to Arizona’s Real Estate Commissioner, Sam Wercinski.  The Triple C will be held at Oscar Yrun Community Center, 3020 E. Tacoma Street.

February 13, 2008

FLAGSTAFF -  Department representatives will be available to provide assistance at the Coconino County Administrative Complex, 219 E. Cherry, Flagstaff from 10am to 4pm.  If you would like to schedule an appointment regarding development services, please contact Rose Fraze at (602) 771-7753 or rfraze@azre.gov.  Appointments, however, are not required.  For those of you who are not located in Northern Arizona but have business associates in the area, please forward this notice to them.

February 15, 2008

PHOENIX -  Triple C Meetings (ADRE, 2910 N. 44th Street)

  • Broker Management:  1:30 pm to 2:30 pm

February 22, 2008

PHOENIX -  Triple C Meetings (ADRE, 2910 N. 44th Street)

  • Real Estate Education:  1:30 pm to 2:30 pm
  • Developments:  3:00 pm to 4:00 pm

Available on the Department’s website:


01.31.08

The Arizona Department of Real Estate issued a Cease and Desist Order and a Notice of Right to Request Hearing on January 26, 2008 against Melinda Underwood (Peoria, AZ), an unlicensed individual, Richard Denga (Peoria, AZ), an unlicensed individual, SUPER BROKERS XLII (Peoria, AZ), also known as SUPER BROKERS 42, an unlicensed entity and XCEED FINANCIAL, LLC (Peoria, AZ), an unlicensed entity.

The Cease and Desist Order was issued based on the following allegations:

  • Melinda Underwood, Richard Denga, SUPER BROKERS XLII and XCEED FINANCIAL, LLC were engaging in advertising of rental property located within Arizona and were unlicensed individuals.  By doing so, they brokered deals with no protection afforded the principals in the transaction from potentially unscrupulous actions of those brokering the deal.
  • The owners of the website were unwilling to make corrections that would have made their business legal.

Melinda Underwood, Richard Denga, SUPER BROKERS XLII and XCEED FINANCIAL, LLC, are ordered to immediately return all monies solicited from Arizona residents and non-resident owners of real estate that were solicited and received in the course of unlicensed activities.  To view the Order, please click here.

The Cease and Desist Order shall be recorded in the office of the Maricopa County Recorder pursuant to the provision of A.R.S. §32-2182.02 (A).

With the Super Bowl in town, Commissioner Sam Wercinski has a heightened sense of concern to ensure real estate activity is conducted lawfully and the consumers are protected.  The Department remains vigilant in ensuring consumer protection.


01.14.08

ADRE has created Homebuyers' Bill of Rights

At today's State of the State Address, Governor Janet Napolitano announced her three-step plan to address Arizona's "subprime-lending debacle".

Governor Napolitano stated, "First, the Department of Real Estate, at my direction, has created the Homebuyers' Bill of Rights.  It is available now, on the Web and in print, and it gives homebuyers information about roads, water, police and fire services and more.  It's a tool for making educated financial decisions, and it's step one."  For the full text of her address, click here.

The Department worked cooperatively with Industry and the Public to create the "Bill of Rights" which is posted on our website.  Click here to view it.


01.09.08

You are cordially invited to join Sam Wercinski, Commissioner and his Assistant Commissioners for lunch.

Listen to an update on the Department of Real Estate and take the opportunity to share in a meaningful dialog with the Commissioner and his staff.

When:  1/11/08
Time:  Noon – 1:30 pm
Where:  Scottsdale Area Association of REALTORS®
4221 N. Scottsdale Road,
Scottsdale

The luncheon is being hosted by the Scottsdale Area Association of REALTORS® at no charge to the attendees.

RSVP to Shelby at (480) 945-2651 or Shelby@SAARonline.comSpace is limited!


12.31.07

Arizona's Real Estate Commissioner, Sam Wercinski, and his staff at the Department of Real Estate (ADRE) took proactive steps on December 24th to provide assistance to consumers and agents affiliated with Re/Max 2000 which informed ADRE that it is in the process of closing branch offices.  ADRE has posted "Commissioner's Advisory No. 1" highlighting certain rights and responsibilities of consumers, agents, and designated brokers when a real estate firm closes.

In response to ADRE's communication with Re/Max 2000, Commissioner Wercinski stated that "Buyers and sellers in escrow should continue to see their transactions proceed to closing with the help of their agents.  Homeowners with listings at Re/Max 2000 should expect continued service according to the terms of their listing agreements.  And agents retain their legal rights to commissions earned in these transactions in accordance with existing listing agreements and independent contractor agreements."

Sellers and buyers, landlords and tenants, escrow agents and real estate agents with questions or in need of assistance are encouraged to contact the ADRE Consumer Assistance Team at CAT@azre.gov or 602-771-7730.

Questions from members of the press should be directed to Mary Utley, Assistant Commissioner for Public Relations, at mutley@azre.gov.


11.30.07

The Arizona Department of Real Estate is once again partnering with the Arizona Geological Survey to present "Earth Fissure Map" training.  Previous training sessions were very well attended.  Please note on your calendar:

Earth Fissure Map Training
December 19th, 2007
9:30 am to 11:00 am
Location:  Arizona Department of Real Estate
2910 N. 44th Street,
3rd Floor Conference Room,
Phoenix, AZ 85018

RSVP to:  Mary Utley @ 602.771.7766 or mutley@azre.gov

SPACE IS LIMITED!!


11.27.07

The Arizona Department of Real Estate issued a Cease and Desist Order and a Notice of Right to Request Hearing on October 26, 2007 to Russell Bosworth, License No. SA536222000, of Peoria, Arizona and Arizona High Performance Realty (AHPR), LLC, License No. 556341000.  Commissioner Sam Wercinski signed the Cease and Desist Order as a result of the overwhelming evidence demonstrating Mr. Bosworth’s alleged conduct.

Russell Bosworth did not dispute the following allegations asserted against him:

  • Mr. Bosworth failed to account for or remit security deposits, rent payments, and other monies owed to ninety (90) former clients in the amount of $365,186.48
  • Misused client trust funds
  • Closed AHPR without appropriate notice to clients or ADRE
  • Transferred property management files to another entity without notifying clients of the change
  • Engaged in unlawful or unlicensed real estate activities
  • Paid compensation or commissions to unlicensed individuals
  • Employed unlicensed salespersons
  • Failed to provide financial documents as requested to the ADRE

Russell Bosworth and AHPR have been ordered to immediately cease and desist from engaging in any real estate activity and make restitution of $365,186.48 to former AHPR clients.

If you are aware of activity or harm caused by Mr. Bosworth and Arizona High Performance Realty, please report it to Dave Lewis, ADRE Investigations (dlewis@azre.gov).  We appreciate your partnership with ADRE in protecting the Public.  Please click here to read the full Order.


11.21.07

  1. The following is a list of dates and times for the Triple C (Commissioner’s Community Conversations) meetings for 2008.  Triple C meetings focus on a specific topic.  All are welcome.  This is the time to bring opportunities and challenges to the Commissioner.  Commissioner Wercinski is committed to open dialog.  If you would like to meet with him regarding a topic not listed, please contact Tory Anderson at tanderson@azre.gov.

    Topics:

    • Property Management:  1:30 pm - 2:30 pm  (Friday, February 1 & Friday, September 5, 2008)
    • Broker Management:  1:30 pm - 2:30 pm  (Friday, February 15 & Thursday, November 13, 2008)
    • Real Estate Education:  1:30 pm - 2:30 pm  (Friday, February 22 & Friday, October 24, 2008)
    • Developments:  3:00 pm - 4:00 pm  (Friday, February 22 & Friday, October 24, 2008)

  2. The Arizona Real Estate Law Book (2007 Edition) is now available.  Please visit the Department’s website for the Order Form.  The cost for a copy is $12.00 + $2.00 shipping fee for a total of $14.00.  For multiple copies, please call 602.771.7768.


  3. The Department is seeking interested individuals to serve on the Educational Advisory Committee.  If you are interested, please send your resume and letter of interest to:

    Michael Hailey, Education Manager of Professional Education - email: mhailey@azre.gov.


11.09.07

It is with great sadness we announce that on November 7, 2007, Bill Day, Manager of Development Services Investigations, passed away suddenly and unexpectedly.  His passing is a great loss to his fellow employees, the Arizona Department of Real Estate as well as to the citizens of the State of Arizona; the extent of his impact on legal and illegal subdivisions and development will never truly be known.

Bill Day was the consummate public servant.  He spent the first part of his career as a police officer with the City of Phoenix, during which time he became the firearms training officer and impacted the entire Department through that position.  Among his various adventures with that Department was an incident involving his being shot and wounded.

After retiring from the Police Department, Bill did not stay home but worked as a field officer with the Motor Vehicle Division of the Department of Transportation from December, 1987 to May, 1987.  In June, 1987 he then joined the Department of Real Estate.  Bill held several positions with ADRE, most recently as the Manager of Development Services Investigations.  As Manager, Bill worked tirelessly to protect the public from illegal land subdividers as well as ensuring that all land developers complied with state statutes and rules involving developments.

Bill shared his knowledge through formal training sessions and informal discussions with Department staff, as well as city and county planning and zoning officials.  He was well known among municipal, county, state and industry circles.

Viewing/Visitation Tomorrow, Saturday, 11/10/07, from 1 - 4 pm at:

Nelcher's Funeral Home
6625 E. Main
Mesa, AZ 85205
(480) 832-3500

Burial Tuesday, 11/13/07 at 10 a.m.:

Queen of Heaven Cemetery
1562 E. Baseline
Mesa, AZ 85204
(480) 892-3729

Donations may be made to the American Cancer Society OR flowers to the above noted locations.


10.29.07

Commissioner Wercinski and the ADRE staff would like to extend their sympathy to Pat Holt and family at the passing of former Real Estate Commissioner Jerry Holt.  Funeral Services will be held at 2:00 pm, Saturday, November 3rd in Lake Havasu City.  For details, please go to www.realestateed.com/jerryholt.htm.


10.24.07

Sam Wercinski, Commissioner will be in Lake Havasu City to actively dialog with the Industry.  This is an opportunity to voice your opinion, concerns or issues.  Please join us!  Click here to view the flyer.

Date:  11/6/07
Time:  3:00 pm – 4:00 pm
Location:  2293 N. Swanson Ave.
              Lake Havasu City, AZ

Please RSVP to:  Mary Utley
Email:  mutley@azre.gov
Phone:  602.771.7766


10.04.07

The Arizona Department of Real Estate will be in Northern Arizona on Wednesday, October 10 from 10:00am to 4:00pm in the Coconino County Administration Building - 219 E. Cherry Street, Flagstaff, Arizona.  We are very excited about this opportunity to serve the Public and the Industry in Northern Arizona.  We will continue each second Wednesday of the month for a six-month pilot program.

Also - REMEMBER - Online Services Available:



As a Licensee...
  • Renew your individual license
  • Change your personal information
  • Request to be hired to a new broker
  • Sever from your current broker
As a Designated Broker...
  • Renew your entity license NEW!
  • Sever and transfer your employees NEW!
  • Approve hire and renewal requests

By completing available services online, you not only save time, but you also save money!



Regular Fee Online Fee Savings
Sales Renewal $120 $100 $20
Broker Renewal $240 $200 $40
Personal Address Change $15 $0 $15
Hire/Sever $20 $10 $10


09.26.07

The Arizona Department of Real Estate has started the second generation of Community and Education Outreach Programs (COE) to Arizona Counties.  The focus of the program will be to provide vital information on subdividing as well as County representative participating as speakers to provide local perspectives.

  1. Upcoming COEs -

    • Mohave County (Kingman):  October 1, 2007  Noon - 1:30 pm
    • Coconino County (Flagstaff):  October 3, 2007  10 am - Noon
    • Navajo/Apache (Pinetop):  October 4, 2007  2 pm - 4:00 pm
    • Yuma County (Yuma):  October 9, 2007  2 pm - 3:30 pm

    These programs are free!  For further details, please click here.


  2. Triple C (Commissioner's Community Conversations) -

    Triple C meetings are a venue for Industry, the Public and the Department to have an open dialog with Commissioner Wercinski.  All meetings are held at the Department, located at 2910 N. 44th Street, Commissioner's Conference Room, Phoenix.

    Please note the upcoming meeting times and dates:

    • Property Management:  October 10, 2007  1:30 pm - 2:00 pm
    • Designated Brokers:  October 11, 2007  1:30 pm - 2:30 pm
    • Business Brokers:  October 11, 2007  3:00 pm - 4:00 pm

09.04.07

-Gentle Reminder- Triple C Meetings:
The following are scheduled to meet:

  • September 6, 2007 at ADRE, 2910 N. 44th Street, Phoenix, AZ
    • Educators:  1:30 pm - 2:30 pm
    • Developers:  3:00 pm - 4:00 pm

  • September 27, 2007 at ADRE, 2910 N. 44th Street, Phoenix, AZ
    • Agents:  1:00 pm - 2:00 pm
For the month of October, the meetings are:
  • October 10, 2007 at ADRE, 2910 N. 44th Street, Phoenix, AZ
    • Property Management:  1:30 pm - 2:30 pm

  • October 11, 2007 at ADRE, 2910 N. 44th Street, Phoenix, AZ
    • Designated Brokers:  1:30 pm - 2:30 pm
    • Business Brokers:  3:00 pm - 4:00 pm


08.14.07

-Updates-

  1. The Arizona Department of Real Estate would like to remind you of the Triple C meetings that are scheduled for this month:

    • All Groups Together (all are welcome):  8/16/07  1:00 pm - 2:30 pm
    • Designated Brokers:  8/23/07  1:30 pm - 2:30 pm
    • Business Brokers:  8/23/07  3:00 pm - 4:00 pm

    Triple C (Commissioner's Community Conversations) meetings are held at the Arizona Department of Real Estate, located at 2910 N. 44th Street, Phoenix.

    The Department is preparing for the 2008 Legislature and these open dialog meetings are crucial for the Department to understand the needs in the industry.  Please join Commissioner Wercinski for a Community Conversation.  We look forward to seeing you there!  For more information, please contact Tory Anderson at tanderson@azre.gov.


  2. The registration for the Development Service Workshop "How do you legally split land?" scheduled for September 14, 2007 is officially CLOSED.  It is anticipated that another workshop will be scheduled for mid-January 2008.


  3. The Fall-Winter COE (Community Outreach and Education) Programs are scheduled for September through November.  Stay informed of up to the minute times and locations by visiting the Department website.


08.09.07

The Arizona Department of Real Estate announced today, August 9, 2007, that it would be presenting a Development Services Workshop "How do you legally split land?" on September 14, 2007 (Friday) from 9:00 am - Noon at 2910 N. 44th Street, 3rd Floor Conference Room.  No CE credit will be awarded.  Space is limited.  Please RSVP to Roy Tanney, Assistant Commissioner of Development Services at rtanney@azre.gov.


08.01.07

The Arizona Department of Real Estate announced today, August 1, 2007, that in an effort to prevent harm to the public, and to educate the Three Entities: the Public, the Industry and the Department, we have partnered with the Arizona Geological Survey to present Earth Fissure Map training.  The trainings are scheduled as follows:

  • September 5, 2007  (Wednesday)  9am - 10 am
    Arizona Department of Real Estate
    2910 N. 44th Street
    3rd Floor Conference Room
    Phoenix, Arizona


  • September 17, 2007  (Monday)  9am - 10 am
    Western Pinal Association of REALTORS
    820 W. Cottonwood Lane, # 9
    Casa Grande, Arizona
Space is limited!  Please RSVP to Mary Utley at mutley@azre.gov or (602)772-7766 for the Phoenix training.  For the Casa Grande training, contact Ellnetta Salazar at (520)421-1222.


08.01.07

The Arizona Department of Real Estate would like to remind you of the four Triple C meetings that are scheduled for this month:

  • Property Management:  8/8/07  1:30 pm - 2:30 pm
  • All Groups Together (all are welcome):  8/16/07  1:00 pm - 2:30 pm
  • Designated Brokers:  8/23/07  1:30 pm - 2:30 pm
  • Business Brokers:  8/23/07  3:00 pm - 4:00 pm
Triple C (Commissioner's Community Conversations) meetings are held at the Arizona Department of Real Estate, located at 2910 N. 44th Street, Phoenix.

The Department is preparing for the 2008 Legislature and these open dialog meetings are crucial for the Department to understand the needs in the industry.  Please join Commissioner Wercinski for a Community Conversation.  We look forward to seeing you there!  For more information, please contact Tory Anderson at tanderson@azre.gov.


07.31.07

The Arizona Department of Real Estate is pleased to announce that the Phoenix and Tucson Offices can accept Visa or MasterCard as payment.  We can process your credit card transaction in our lobby or on our Online License Renewal System.

Effective August 20, 2007, the Department will accept the following forms of tender:

  • Visa and MasterCard
  • Checks (Personal, Business, Cashier)
  • Exact Cash
Our customer service representatives will not be able to make change, so if you wish to pay with cash, please bring the exact amount.  Our fees are listed on our website.


07.17.07

The Arizona Department of Real Estate announced today, July 18, 2007, that an Order Summarily Suspending Salesperson's License and a Notice of Right to Request Hearing was issued on July 6, 2007 against KORBI LEIGH DOSTER, Salesperson's License SA569516000.  Mr. Doster was convicted of Criminal Possession of a Forgery Device, a Class 6 Designated Felony that he failed to disclose to the ADRE within ten (10) days.

On July 10, 2007, an Order Summarily Suspending Salesperson's License and a Notice of Right to Request Hearing was issued against TYRONE GILLESPIE, II (Scottsdale, AZ) Salesperson's License SA540201000.  Mr. Gillespie was convicted of two (2) counts of Theft both Class 3 felonies.  Mr. Gillespie is guilty of conduct that constitutes fraud or dishonest dealing and his conduct does not show he is a person of honesty, truthfulness or good character.


07.17.07

Attention all real estate sales agents!  Commissioner Wercinski invites you to attend a "Commissioner Community Conversation" on Thursday July 19, from 1:00 - 2:00pm at the ADRE (2910 N. 44th St., Phoenix).  This is the time for you to come, meet the Commissioner, and share in the conversation.  We are promoting Open Dialog with the industry.  Commissioner Wercinski would like to hear from you!!  Please join us for this open meeting.  All are welcome!

The following is a list of upcoming Triple C meetings in August:

  • Property Management:  8/8/07  1:30 pm - 2:30 pm
  • All stakeholders together:  8/16/07  1:00 pm - 2:30 pm
  • Designated Brokers:  8/23/07  1:30 pm - 2:30 pm
  • Business Brokers:  8/23/07  3:00 pm - 4:00 pm
All of the above meetings will be held at the ADRE, 2910 N. 44th St., Phoenix.


07.11.07

Congratulations to those licensees who were the first to renew their licenses on July 1 and July 2, 2007 and were issued a four year license.  There were 333 individuals who renewed.  Click here to view names of the licensees.  They saved time and money as well as helped the environment by renewing online.  Commissioner Wercinski plans to continue to foster an open dialog, to advance good policy and promote efficiencies within the Department and the industry while protecting the public.

Please view the Frequently Asked Questions on 4-year license renewals.


07.10.07

The Arizona Department of Real Estate announced today, July 10, 2007, that Fissure Map training facilitated by the Arizona Geological Society is scheduled for Wednesday, July 11th at 9:00 am at 2910 N. 44th. Street, 3rd Floor Conference Room, Phoenix, Arizona.  Please RSVP to Cindy Ferrin at 602.771.7757 or cferrin@azre.gov, as seating is limited.


06.19.07

The June edition of "Dialog", the Arizona Department of Real Estate's periodic bulletin, has been posted on the Department's website Bulletins page.


06.01.07

The Arizona Department of Real Estate announced today, June 1, 2007, that a Cease and Desist Order and a Notice of Right to Request Hearing was issued on May 21, 2007 against IGNACIO CHAVEZ-MORAN (an unlicensed individual) and FIESTA DE CORTEZ HOTEL URBANIZADORA VACACIONAL DE PUERTO PENASCO, S.A., DE C.V. (a foreign corporation and unlicensed entity).

Under Title 32, Chapter 20, the Department may issue an order directing any person to cease and desist from engaging in the act, practice or transaction or doing any act in furtherance of the act, to make restitution or to take appropriate affirmative action to correct the conditions resulting from the act, practice or transaction.

IGNACIO CHAVEZ-MORAN (owner of Fiesta) engaged in offering to sell, or advertise the selling of condominiums offered by Fiesta for a development known as FIESTA DE CORTEZ SUITES AND HOTEL RESORT aka FIESTA GOLDEN RESORT (the "Property").  The "Property" is located in Puerto Penasco, Sonora, Mexico.  IGNACIO CHAVEZ-MORAN failed to notify the Commissioner of the intent to sell condominiums or ever applying for a subdivision Public Report [A Public Report serves as license to a subdivider to sell and market (wherein disclosures are made) in order to protect the consumer] with respect to the "Property".  Further, he failed to file copies of advertising materials used in connection with sales of condominiums with the "Property".  Arizona Consumers who have filed complaints with the Department have lost approximately $378,318 earnest monies due to illegal activities of IGNACIO CHAVEZ-MORAN.  If you are aware of any other Arizona Consumers who have been harmed as a result of Mr. Chavez-Moran's actions, please have them contact the Arizona Department of Real Estate, Investigations Division.

The Cease and Desist Order shall be recorded in the office of the County Recorder for each County within the State of Arizona, pursuant to the provision of A.R.S.§32-2182.02 (A).  To view the Cease and Desist Order in it's entirety, CLICK HERE.


06.01.07

The Arizona Department of Real Estate announces the following:

  • The appointment of Jerome Jordan as the Assistant Commissioner of Operations.  His start date is 6/4/07.  The Assistant Commissioner of Operations administers the daily affairs of the Department through its various divisions in coordination with the Commissioner and other Assistant Commissioners.  He will also oversee the Enforcement and Compliance Division.  Previously, Mr. Jordan was employed by the City of Tucson as Management Assistant to the City Manager.  He has extensive experience in public administration as well as thorough understanding of the real estate industry and the Department of Real Estate.
  • A link for Frequently Asked Questions about the 4 year license renewal is available on the Department’s website at NEW FOUR YEAR LICENSE RENEWAL
  • PLEASE NOTE: The Department of Real Estate DOES NOT make available, distribute or sell the email addresses of real estate licensees.  Please share this information with other licensees and encourage others to sign up for Late Breaking News.  This is the primary means of communicating important information to the Public and Industry.


05.25.07

The registration for the scheduled Instructor Development Workshop on Subdividing and Land Splits (June 8th at the ADRE, from 9am to Noon) is CLOSED.

As a result of the huge response to the workshop, the Department will be offering this workshop again on September 14, 2007.

Please visit the Department's website @ www.AZRE.gov to stay current on activities and events happening at the ADRE!


05.25.07

Please note on your calendar that on Tuesday, May 29, 2007 from 10:30 am to 12:00 pm, an AGENTS STAKEHOLDER MEETING will be held at 2910 N. 44th. Street, 3rd Floor Conference Room, Phoenix, AZ.

This is a great opportunity to bring any issues or concerns that you may have to the Department's attention!


05.18.07

The Arizona Department of Real Estate announced today, May 18, 2007, that the first Quarterly Stakeholder Group Meeting will be held on May 22, 2007 at 1:00 pm at 2910 N. 44th Street, 3rd Floor Conference Room, Phoenix, Arizona.

Come join all sectors of the real estate industry and share ideas, concerns, and join in discussion on timely topics such as "raising standards and reducing unnecessary regulation so resources can be used to more effectively protect the public".

We look forward to seeing as many of you as possible!


05.17.07

The Arizona-Mexico Commission (AMC) will be hosting the 2007 Summer Plenary Session on June 14th and June 15th at the Westin La Paloma Resort & Spa in Tucson, Arizona where the Real Estate Ad Hoc Committee will be holding their committee meeting on Thursday, June 14th from 1 pm to 5 pm.  Please visit the AMC website @ www.azmc.org for additional information.

The International Mortgage Lenders Association event will be held on Thursday June 14th in Tucson at the Westin in conjunction with the Arizona-Mexico Commission in the morning from 8 am to 12 noon (before the Real Estate Ad Hoc Committee meeting).  Please visit www.internationalmla.org for additional information.


05.14.07

The Arizona Department of Real Estate announced today, May 14, 2007, that Dialog, the periodic Bulletin for the Arizona Department of Real Estate is available.  Please visit the Department's website and click on "Bulletin" on the navigation bar on the Homepage to view.


05.07.07

4-Year License Renewal

Great news!!  Senate Bill 1349 was passed by the House and Senate last week, and was signed into law by Governor Janet Napolitano on May 1, 2007.  The 4-year License Renewal and the pairing of the Designated Broker and Entity licenses will take effect July 1, 2007.  Any Licensee who renews after July 1 will receive a 4-year license.

The 4-year License Renewal and the pairing of the entity license with the designated broker’s license will greatly reduce unnecessary regulation as well as remove a cause of unlicensed activity.  The passage of this bill was the result cooperation and collaboration between the Industry, the Public and the Department.


05.04.07

Stakeholder Meeting Date Changes!

Please note some date changes for future stakeholder meetings.  Stakeholder meetings are open dialog meetings between members of the industry and the Commissioner.  Stakeholder meetings are open for anyone to attend and the dates are published on our website.

The Schedule is located as a "Quick Link" on our website at www.AZRE.gov.

Commissioner Wercinski values the input and dialog he has received from industry professionals at stakeholder meetings and looks forward to hearing from you.

Workgroups will begin Monday May 7!

Workgroups consist of members appointed by the Commissioner.  The Workgroups each have a specific purpose: Statute Review, Public Report Review, Technology, and Lifetime License.

Workgroups will meet five times throughout the summer, and will present findings to the Commissioner on August 10, 2007.  The Department will post summaries after each Workgroup meeting on our webpage at www.AZRE.gov.  We are open to your ideas and feedback.  Please send any correspondence regarding the workgroups to Tory Anderson at tanderson@azre.gov.


05.02.07

The Arizona Department of Real Estate announced today, May 2, 2007, that on April 18, 2007 an Order Summarily Suspending Salesperson’s License and Notice of Right to Request Hearing were issued against SCOTT JAMES HUBBARD (Tucson, AZ), Salesperson’s License SA570406000.  Mr. Hubbard entered into a Consent Order on March 16, 2006 agreeing to submit to body fluid testing and/or breath tests randomly drawn.  The respondent failed to comply with the terms of the Consent Order.

On April 19, 2007, an Order Summarily Suspending Salesperson’s License and Notice of Right to Request Hearing were issued against MARSHA SUZANNE COCHRAN (Cape Coral, Florida), Salesperson’s License SA102959000.  Ms. Cochran submitted a false or misleading renewal application by providing annual CE credits that were used for a prior license renewal period and failed to provide a written response to the Department.

On April 24, 2007, an Order Summarily Suspending Salesperson’s License and Notice of Right to Request Hearing were issued against JOSE LUIS SALAZAR (Avondale, AZ), Salesperson’s License SA561973000.  Mr. Salazar entered into a Consent Order by where he was to completely abstain from the use of any and all alcohol, illegal drugs or controlled substance unless pursuant to a valid prescription and order of a medical doctor.  He failed to restrain from use of illegal drugs.


05.01.07

The Arizona Department of Real Estate announced today, May 1, 2007, the promotion of Janet Blair to Assistant Commissioner of Licensing Division.  The Licensing Division includes oversight of licensing, professional education and auditing.  Janet brings a wealth of knowledge and experience in Real Estate operations, administration and licensing statutes.  Janet replaces Cindy Wilkinson.


05.01.07

We have great results to report!

By implementing new and innovative efficiencies and by teaming with the Arizona Association of Realtors, license processing time has decreased from 63 days in January to 15 days in April.  While ADRE is required to process license applications that are complete within 60 days of receipt, we strive to exceed the minimum standards and continue to work toward our goal of a 10 day processing time.

Stakeholder Meeting Date Changes!

Please note some date changes for future stakeholder meetings.  The schedule is located as a "Quick Link" on our website at www.AZRE.gov.  Commissioner Wercinski values the input and dialog he has received from industry professionals at stakeholder meetings and looks forward to hearing from you.


04.24.07

Public service announcements:

SMOKE-FREE ARIZONA ACT - In November 2006, the citizens of Arizona passed Proposition 201, the Smoke-Free Arizona Act (ARS § 36-601.01) effective May 1, 2007.  Please visit the Department of Health website at www.smokefreearizona.org to obtain further information or call 1-877-4-AZ-NOSMOKE

CLANDESTINE DRUG LABS - The Board of Technical Registration requested that we forward information to the real estate industry on Clandestine Drug Laboratories and remediation responsibility.  Please click here to view the letter.

APPRAISALS - At the request of the Arizona Board of Appraisal, the Department is providing the following information on A.R.S. § 32-3602.  Please click here to view the letter.


04.04.07

Stakeholder meetings for 2007 have been scheduled and are posted on the ADRE website under "Quick Links".  Upcoming meetings include Designated Brokers (04/05), Business Brokers (04/05), and Property Management (04/24).  The Department plans to hold additional meetings throughout the state, including Public Town Halls.  We will update you once these meetings are scheduled.  Please contact Tory Anderson at tanderson@azre.gov to RSVP or to ask any questions.


03.29.07

The Arizona Department of Real Estate announced today, March 29, 2007, that effective March 23, 2007 an Order Summarily Suspending Salesperson's License and Notice of Right to Request a Hearing was issued against JOANNA T. SIRAVO (Mesa, AZ), Salesperson's License SA556158000.  On or about April 7, 2005, the Commissioner issued a Final Order ("CFO") whereby the respondent was issued a two (2) year Provisional License with a Practice Monitor along with a posting of a $5,000 bond.  During this period the respondent was to abide with the terms and conditions of the CFO which included no further convictions of any Class 1 misdemeanor or any felony.

On March 19, 2007, the respondent disclosed a March 2006 conviction for Intentionally, Knowingly or Recklessly Causing Any Physical Injury to Another Person (Domestic Violence), Class 1 misdemeanor, in violation of A.R.S. §13.1203 (A) (1).  Respondent was convicted in Mesa Municipal Court.


03.26.07

The Arizona Department of Real Estate announced today, March 26, 2007, that Commissioner Wercinski has formed four workgroups to convene this summer, and the ADRE is looking for members to serve on these committees.  The four workgroups will focus on statute review, the Public Report application, consideration of a Lifetime License, and department Technology.  If you are interested in serving on one of these workgroups or if you would like more information, please email Tory Anderson @ tanderson@azre.gov with your interest and your background.  The deadline for application is April 13, 2007.


03.20.07

Commissioner Wercinski values feedback, input, and ideas from the public, the stakeholders, and the Department employees.  As a result, several stakeholder meetings have already taken place.  Please join Commissioner Wercinski for his first open door "Sales Licensees" stakeholder meeting.  Commissioner Wercinski will discuss changes at the Department and is eager to hear from you.

The meeting is scheduled for March 28, 2007, from 1:00pm to 2:00pm, at the Arizona Department of Real Estate, 2910 N. 44th Street, Phoenix.

Please RSVP to Tory Anderson at tanderson@azre.gov


02.06.07

EXCITING NEWS... Employing brokers may now choose to retain license certificates electronically or on paper!  The Commissioner is pleased to announce a shift in ADRE's policy that allows for more flexibility in record keeping while still maintaining the availability upon request of license certificates.  Should you have suggestions that will allow for greater efficiencies at the Department and will also benefit the industry, while advancing our mission to serve the public, please share your ideas with us.  Please view SPS 2007-17 - Electronic License Certificate and SPS 2007-18 - License Advertising at the Substantive Policy Statements link on the Real Estate Law Book webpage.


02.01.07

The Arizona Department of Real Estate announced today, February 1, 2007, the availability of the ADRE Bulletin - January 2007 edition on the ADRE website.


01.31.07

The Arizona Department of Real Estate announced today, January 31, 2007, the availability of enhanced license services on-line (Phase 1.5), which:

  • Allows for the convenience of online renewal to qualifying persons in their 'grace year' -- that one year period immediately following license expiration.  (This is only available if the former licensee did not continue working after license expiration, and is not required to disclose information, such as a conviction, adverse judgment, disciplinary action, etc.)
  • Displays progress on the left as the user steps through the selected process.  (This is a result of feedback from online users who 'lost track' of where they were in their online session and where they needed to go next.  The system will now show the steps completed and what is left to do.)


01.30.07

The Arizona Department of Real Estate announced today, January 30, 2007, that Orders Summarily Suspending Salesperson's Licenses and Notices of Right to Request Hearings were issued against the following:

HERBERT V. HUGHES (Avondale, AZ) - Salesperson's License SA526952000 - The respondent failed to keep an escrow or trust account or other records of funds deposited with the licensee relating to a real estate transaction.  Order issued on January 17, 2007.

MARIJOHN KIRKLAND (Gilbert, AZ) - Salesperson's License SA562176000 - The respondent represented an individual on a sale of property.  Ms. Kirkland removed approximately $1,000 worth of furniture and personal possession from the seller's residence without permission.  The licensee was directed to return all items by her designated broker and failed to do so.  Order issued January 19, 2007.

THOMAS FRANK BOURDO, SR. (Tempe, AZ) - Salesperson's License SA537882000 - The respondent pled guilty in Superior Court of Arizona, Maricopa County to Attempted Child Molestation and Dangerous Crime Against Children in the Second Degree, a Class 3 Felony, Child Abuse, A Class 6 Felony.  The respondent was sentenced to ten years imprisonment, suspended and placed on lifetime, supervised probation, effective December 20, 2006.  Order issued January 19, 2007.


01.24.07

The Arizona Department of Real Estate Online Services will not be available for changes or renewals from 6:00pm tonight (1/24/2007) until 7:00am tomorrow morning (1/25/2007), due to maintenance related to the upgraded enhancements to Online Services.  The Public Database will be available without interruption.


01.23.07

CLARIFICATION ON ADRE HOURS OF OPERATION - New Commissioner takes immediate steps to reduce back log of license applications.

Effective February 1st, due to the large number of new and renewing license applications received by mail and dropped off at our office, the ADRE has implemented a temporary change of hours for processing of walk-in applications.  With support from industry leaders, the ADRE will now use Tuesdays to focus on processing the backlog of mailed applications many of you have sent and for which you are now waiting to receive licenses.  Original license applicants may continue to walk-in for immediate service from 8:00am - 4:00pm on Monday, Wednesday, Thursday and Friday.  Other customers can receive assistance and information from Department staff every day of the week from 8:00am to 5:00pm, including a concierge to assist customers with use of one of the two kiosks to renew or make changes on-line.

REMEMBER, Save time... Renew on-line at www.azre.gov from home or in your office.  Only employing brokers, original applicants, licensees with disclosure issues and for a few more days, those who are renewing in their grace year, are currently unable to renew on-line.

Please understand that the ADRE licensing staff levels have remained nearly the same since 2001 while the number of real estate licensees has increased by over 30,000 or 60% in the same period.

On a very positive note, Sam Wercinski, our new Commissioner, is asking the legislature to approve a FOUR YEAR LICENSE upon renewal of an original two year license AND he has requested a net reduction of fees paid by real estate professionals.  More on this topic in a future Late Breaking News.

Your understanding and assistance is greatly appreciated and will help us to quickly return Tuesdays to regular hours of operations.


01.19.07

The Arizona Department of Real Estate announced today, January 19, 2007, that per the Superior Court of Arizona, Maricopa County, case #CR 2006-007932-005 DT, the real estate salesperson's license (SA528084000) of LESLEY A. ROMERO (Goodyear, AZ) was revoked on January 18, 2007.


01.17.07

The Arizona Department of Real Estate had anticipated launching enhancements to Online Services (including renewal of licenses within grace year) today.  However, the launch has been delayed until next week.  Further information will be provided at that time.


01.17.07

The Arizona Department of Real Estate announced today, January 17, 2007, that effective February 1, 2007, the Department will no longer immediately process any walk-in transactions on Tuesdays.

A Licensing Division Concierge will be available to review applications for which Online Services are not available.  You may continue to renew using the Online License Services on the Department webpage.


01.16.07

The Arizona Department of Real Estate announced that Governor Janet Napolitano appointed Sam Wercinski as the new Arizona Real Estate Commissioner on January 11, 2007.  The new Commissioner replaces Former Commissioner Elaine Richardson who resigned in December 2006 to devote more time to personal goals and family.

"Sam's extensive experience in the real estate industry and history of leadership in both the private sector and the military made him a strong asset to the state," Governor Napolitano said.  "Elaine's leadership will be missed in the Department.  I support her in her decision and wish her the best."

Visit the Department's website to view more information on Commissioner Wercinski.


01.08.07

The Arizona Department of Real Estate announced that effective today, January 8, 2007, the ADRE phone system has been converted to a more updated, consumer-friendly system.  The old extension numbers will no longer be active.  Here is a list of the new phone numbers by Division.  Please use these new phone numbers to contact Department staff.

Licensing:  602-771-7700
Professional Education:  602-771-7720
Investigations & Consumer Assistance:  602-771-7730
Development Services (Subdivisions):  602-771-7750
Auditing:  602-771-7790
Administrative Actions & Compliance:  602-771-7780
Administration:  602-771-7760


01.03.07

The Arizona Department of Real Estate announced on January 3, 2007 that on December 22, 2006, a Cease and Desist Order and Notice of Right to Request Hearing were issued against JOHN C. SCREMIN (an unlicensed individual) and JOHN SCREMIN DEVELOPMENT, INC. (an unlicensed entity) (Chandler, AZ).

JOHN C. SCREMIN and JOHN SCREMIN DEVELOPMENT, INC. have failed to comply with the terms of a Consent Order and engaged in offering to sell or the selling of subdivided property located within Walking Horse Ranchettes without complying with applicable subdivision statutes.

On December 21, 2006 the Department issued a Cease and Desist Order and Notice of Right to Request Hearing against JAMES AMSLER (an unlicensed individual) and PATRICIA GLESENER (an unlicensed individual) (Tonto Basin, AZ).  JAMES AMSLER and PATRICIA GLESENER have engaged in offering to buy, sell, or advertise the buying and selling of subdivided land without complying with applicable subdivision statutes.

On December 22, 2006, respondent TIFFANY R. LASSWELL (Hamilton, Montana), holder of license number SA575016000, acknowledged the acceptance of the Consent Order wherein her real estate salesperson's license was revoked.  The respondent fraudulently obtained a Jessica Pride's credit history without authorization from Pride and for personal reasons not related to real estate sales activities.


12.26.06

The Arizona Department of Real Estate received word that the Arizona Court of Appeals upheld the Department's denial of license renewal and denial of application for broker's license for MONTE D. POLLARD, license SA045731000.  The Department originally denied MONTE D. POLLARD's application in October 2004.  The original denial was based on unlicensed activity and criminal convictions involving Domestic Violence.  A hearing before an Administrative Law Judge in January 2005 upheld the Commissioner's action, and MONTE D. POLLARD appealed that decision to the Superior Court in Maricopa County which, in June 2006, also upheld the Commissioner's action.

The recent decision on December 14, 2006 by the State Court of Appeals reaffirmed the lower courts' and the Commissioner's action.


12.14.06

The Arizona Department of Real Estate announced on December 14, 2006 that on December 5, 2006, an Order Summarily Suspending Salesperson's License and Notice of Right To Request Hearing were issued against ERNEST MARTY ATENCIO (Phoenix, AZ), salesperson's license SA104218000, for failure to abide by the terms of Commissioner's Consent Order, dated June 6, 2006.  (Part of the terms of the Consent Order was that the Respondent agreed to submit to Body Fluid Testing for a period of two (2) years.  He failed to do so.)


12.13.06

Farewell from Commissioner Elaine Richardson - I personally thank each and every one of you who have been so supportive to the Arizona Department of Real Estate over the last four years.  It is with both sadness and joy that I formally announced to the Governor that I would be leaving the Department of Real Estate at the end of the year.  I'm sad leaving the positive relationships that I have enjoyed and happy because I will now have the freedom to spend time with my grandchildren as well as pursue my personal goals.

I anticipate the transition being seamless as my Special Assistant, Richard Simmonds, will be the Interim Commissioner.

Thank you for all your support and friendship over these four years.


12.05.06

The Arizona Department of Real Estate announced on December 6, 2006 that on November 30, 2006, an Order Summarily Suspending Broker's License and Notice of Right to Request Hearing were issued against DAVID MARK NOFFZ (Flagstaff, AZ), broker's license number BR012832000.


11.28.06

The Arizona Department of Real Estate announced on November 28, 2006 that on November 15, 2006, an Order Summarily Suspending Salesperson's License and Notice of Right to Request Hearing were issued against CYNTHIA LEE DALHOVER (Flagstaff, AZ), license number SA113006000.

The ADRE October/November 2006 Bulletin is posted on the Department website: www.azre.gov.  Once you're on the website, click on "Public Information" and then "Bulletin Library".


11.09.06

The Arizona Department of Real Estate announced on November 9, 2006 that on November 3, 2006, an Order Summarily Suspending Salesperson's License and Notice of Right to Request Hearing were issued against MICHAEL LEVINE (Chandler, AZ), license number SA556548000.

The Respondent failed to comply with the terms of the Commissioner's Consent Order as well as violated the terms of an administrative order, failed to respond and did not provide written notification (within the required 10 days) to the Department of the revocation of Respondent's Colorado real estate broker's license.


11.06.06

The Arizona Department of Real Estate announced on November 6, 2006 that on October 30, 2006, an Order Summarily Suspending Salesperson's License and Notice of Right to Request Hearing were issued against FLOYD L. JACKSON (Phoenix, AZ), license number SA526356000.


11.02.06

The ADRE announced on November 2, 2006 that on October 23, 2006, a Cease and Desist Order and Notice of Hearing were issued against THOMAS RYAN (Tempe, AZ).

It is ordered that THOMAS RYAN immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. § 32-2101 et seq., as an individual, an employee, agent, officer, principal, or in any capacity whatsoever, directly or indirectly, within the State of Arizona without first complying with all applicable laws and rules.


11.02.06

The ADRE announced on November 2, 2006 that on October 23, 2006, an Order Summarily Suspending Salesperson's License and Notice of Right to Request Hearing were issued against BRYAN CHARLES STEARNS (Gilbert, AZ), license number SA559905000.

Finding that BRYAN CHARLES STEARNS has been convicted of felony offenses and is on probation as a result of the convictions and that such conduct requires emergency action to suspend the Respondent's real estate salesperson's license and that summary action to suspend Respondent's real estate salesperson's license is authorized under A.R.S. §32-2157 (C).


10.24.06

The Arizona Department of Real Estate announced that on September 1, 2006, a Cease and Desist Order and Notice of Right to Request Hearing were issued against I BUY LAND, L.L.C. (Scottsdale, AZ).  The conduct of I BUY LAND, L.L.C. has engaged in unlawful and unlicensed real estate activities in Arizona, which includes, without limitation, the advertising, buying and selling of vacant land not exempt from licensure.

It was ordered that I BUY LAND, L.L.C. immediately cease and desist from engaging in any real estate activity, as defined by A.R.S. § 32-2101 et seq., as an individual, an employee, agent, officer, principal, or in any capacity whatsoever, directly or indirectly, within the State of Arizona, including but not limited to the immediate removal of any Arizona properties listed for sale or lease on any internet website owned or operated by I BUY LAND, L.L.C. without first complying with all applicable laws and rules.

It was further ordered that I BUY LAND, L.L.C. immediately return all monies solicited from Arizona resident and non-resident owners of real estate that were solicited and received in the course of unlicensed activities pursued by I BUY LAND, L.L.C..


10.24.06

The Arizona Department of Insurance (ADOI) has new title insurance resources on its website including a new brochure for home buyers entitled, "Answers to Your Questions about Title Insurance" that explains title insurance in easy to understand terms.  The website also has a list of licensed Arizona title insurers, shopping tips, and search features to verify the licensure of title agents in Arizona.  Check out the ADOI title insurance information at www.id.state.az.us or call Erin Klug at (602) 364-3471 to request a supply of the brochures for your real estate clients.


10.23.06

The Arizona Department of Real Estate announced October 23, 2006 that on October 12, 2006, an Order Summarily Suspending Salesperson's License and Notice of Right to Request Hearing were issued against THOMAS BONAVENTURE BOURGEOIS (Phoenix, AZ), license number SA103513000.


10.16.06

The ADRE recently unveiled its newly designed website.  One of the many additions to the ADRE website is a section devoted to Cross-Border transactions.  This new section was developed by the Cross-Border Transactions Committee, co-chaired by ADRE Commissioner Elaine Richardson and Arizona Association of Realtors® General Counsel, Michelle Lind. [1]

The committee recognized that there was a wealth of information on Mexican real estate transactions from a variety of sources, but the information was not organized in a user-friendly format that encouraged education.  Thus, the committee identified and compiled the available information, associations and professionals that could assist in an Arizona-Mexico real estate transaction to include on the website.  The website was designed as a "first-stop" to give the unfamiliar consumer an opportunity to learn some basic rules on purchasing and selling real estate in Mexico, as well as to provide the reader with contacts that might assist in such a transaction.

The website contains articles and references to help locate attorneys, real estate brokers, translators/interpreters, appraisers, escrow/title insurance companies, and finance/mortgage companies.  Consumers will also find information and website links to Mexico real estate resources for Arizonans, types of Mexico real estate transactions, and facts and myths about Mexico real estate transactions.  There is also a section for foreign nationals to obtain information on buying real estate in Arizona.

The committee hopes that this website will prove to be an important and useful tool to consumers in the process of purchasing land in Mexico.

[1] Committee members included: Cindy Ferrin, Doug Groppenbacher, John Gerard, John Slattery, Jose Padilla, Juan Moreno, Judy Lowe, Mary Utley, Michael McCalley, Michael Patterson, Roger Breckenridge, Thomas DeSollar, Jeff Peterson, Steve Barger and Ed Ricketts, Coordinator.


10.13.06

The ADRE announced on 10/13/06 that:

  1. The Education Advisory Committee is recruiting new members.  There will be some upcoming vacancies in specific membership categories such as:
    • Commercial, Industrial or Business Brokerage (2)
    • Public Member (2)
    • Real Estate Instructor (1)

  2. For further information, click here to view the Education Advisory Committee Recruitment Announcement.

  3. The Department is also recruiting salespersons/associate brokers to participate in a focus group.  The topic of the group will be to discuss "alternatives" to salespersons and associate brokers being able to immediately sever from their employing broker.


  4. A meeting is tentatively scheduled for Tuesday (10/25/06) at 3 pm.  It will be held at the ADRE office, 2910 N. 44th. Street, Phoenix, AZ.  For those interested, contact Cindy Wilkinson at cwilkinson@azre.gov.


10.12.06

The ADRE announced October 12, 2006 that on October 5, 2006, a Cease and Desist Order and Notice of Right to Request Hearing were issued against JOHN R. ALLEN (Gilbert, AZ).  He was directed to Cease and Desist from engaging in any real estate activity as defined by A.R.S. § 32-2101 as well as in acts, practices and transactions without first complying with all applicable laws and rules, pursuant to A.R.S.§§32-2154 (A) and 32-2122 (B).  If was further ordered that JOHN R. ALLEN immediately return all monies solicited from Arizona resident and non-resident owners of real estate that were solicited and received in the course of unlicensed activities pursued by JOHN R. ALLEN.

Further, the Department announced that on October 10, 2006, an Order Summarily Suspending Salesperson's License and a Notice of Right to Request Hearing was issued against ALEXANDER ANTHONY KEEME (Tucson, AZ).  The real estate salesperson's license number SA523510000 is hereby summarily suspended.


09.27.06

The Arizona Department of Real Estate announced on 9/27/06, that a Special Edition Bulletin titled "Arizona Department of Real Estate, A Three-Year Review, September 2006" is available and posted on the Department website at: www.azre.gov.

On that same date, the Department inaugurated its new website: www.azre.gov.  The website was created to be more user-friendly and provide the maximum of information to the public and real estate professionals.


09.13.06

The Arizona Department of Real Estate received noticed on 9/05/06 that the Valley Board of Business Brokers (VBBB), a 25 year old organization of Business Brokers located in Phoenix, and the Arizona Association of Business Brokers (AABB), a 20 year old organization based in Tucson, joined forces to create a new statewide Business Broker Association.  The Arizona Business Brokers Association (to be known as "AZBBA") is comprised of regional chapters located in the major metropolitan areas of the state.

For further information visit the AZBBA website: www.azbba.org.


09.12.06

The Arizona Department of Real Estate and the Arizona-Mexico Commission/ Real Estate Ad Hoc Committee will facilitate an educational workshop "Ethics, AMPI & Realtor Organizations in Mexico" on September 28, 2006 from 8 a.m. to Noon at the Thunderbird/Garvin School of Int'l Management at 15249 N. 59th Ave, Glendale, AZ.

The cost of the workshop is $35.00.  Click here for the workshop flyer.  For further information contact Robert Russell at Tri-Vista Partner (480-704-4749).


08.29.06

The Arizona Department of Real Estate announced August 29, 2006 that on August 24, 2006 Order Summarily Suspending Salesperson's License and Notice of Right to Request Hearing were issued against CASEY LEE WEEKS (Gilbert, AZ), license number SA554967000 and TERRY DARWIN GARVEY (Glendale, AZ), license number SA553365000.


08.18.06

The Arizona Department of Real Estate announced August 18, 2006 that on August 14, 2006 an Order Summarily Suspending Salesperson's License and Notice of Right to Request Hearing were issued against STACY MAE LEMMERT (Tucson, AZ), real estate salespersons license number SA554873000.

Further, that on August 11, 2006 ADRE (the Department) issued a Cease and Desist Order and Notice of Right to Request Hearing against SHARE-TRADER, INC. ("Share-Trader"), of Brandon, Florida.  It was further ordered that Share-Trader, Inc. immediately return all monies solicited from Arizona resident and non-resident owners of real estate that were solicited and received in the course of unlicensed activities pursued by Share-Trader, Inc.


08.15.06

The Arizona Department of Real Estate announced August 15, 2006 that on August 4, 2006 an Order Summarily Suspending Broker's License and Broker's Entity License, a Cease and Desist Order and Notice of Right to Request Hearing were issued against ROY R. ROSS (Tubac, AZ), Real Estate Broker license number BR003548000 and ROSS LAND, L.L.C. entity license number LC526999000.

Also, an Order Summarily Suspending Salesperson's License and Notice of Right to Request Hearing were issued August 10, 2006 against CYNTHIA S. ENSMAN (Phoenix, AZ), Real Estate Salespersons license number SA54886800.


08.14.06

The Arizona Department of Real Estate and the Arizona-Mexico Commission/ Real Estate Ad Hoc Committee will facilitate an educational workshop "Subdivision and Condominium Regime in Mexico" on August 24, 2006 from 8 am to Noon at the Thunderbird/Garvin School of Int'l Management at 15249 N. 59th Ave, Glendale, AZ.

· The workshop will be held in Auditorium 1 in the Career Management Building.
· From the 59th Entrance or the Greenway Entrance, follow the blue and white directional signs that say "Conference".
· The Career Management signs will also lead you to the same location.
· Park in general, uncovered parking or across the street in the field.
· Enter through the main entrance of the Career Management building.
· The check-in table will be in the foyer.

The cost of the workshop is $35.00.  Click here for the workshop flyer.  For further information contact Robert Russell at Tri-Vista Partners (480-704-4749).


08.09.06

The Arizona Department of Real Estate announced August 9, 2006 that on August 1, 2006 an Order Summarily Suspending Salesperson's License and Notice of Right to Request Hearing were issued against DAWN M. CALLAWAY (License No. SA 511039000) of Scottsdale, Arizona.

Ms. Callaway failed to notify the Department of judgments and arbitration awards within ten days as required by A.A.C. R4-28-301 (F) and R4-28-303 (D).  Further, Ms. Callaway failed to respond to the Department in the course of an investigation or audit by providing documents or written statements, in violation of A.R.S.§32-2153 (B) (11).


08.01.06

The Arizona Department of Real Estate announced today that on July 19, 2006 an Order Summarily Suspending Broker's License and Notice of Right to Request Hearing were issued against TIMOTHY JOHN PARKER (Chandler, AZ).

The respondent was convicted in Superior Court, Yavapai County, State of Arizona of Forgery, a Class 4 Felony, in violation of A.R.S. §13-2001,13-2002, 13-701, 13-702 and 13-801.  Respondent was placed on unsupervised probation for three (3) months and ordered to pay a fine of $500.00.

Respondent, by being convicted in a court of competent jurisdiction of Forgery, a Class 4 Felony, is not a person of honesty, truthfulness and good character with the meaning of A.R.S. §32-2153 (B) (7).

Respondent disregarded or violated the provisions of Title 32, Chapter 20 of the Arizona Revised Statutes, and the Commissioner's Rules, in violation of A.R.S. §32-2153 (A) (3).

The real estate broker's license numbers BR106366000 and SE106366000 of Timothy John Parker are summarily suspended.


08.01.06

The Arizona Department of Real Estate announced today that on June 16, 2006 an Order Summarily Suspending Salesperson's License and Notice of Right to Request Hearing was issued against ROBERT DAVID LEVISON.

On or about 1/13/2000, the respondent filed an original application in which he answered "no" to Question 2, Section B, which asks: "Have you ever had any professional license or registration (including a real estate license) restricted, refused, denied, suspended or revoked or have you voluntarily surrendered any license during the course of an investigation or disciplinary proceeding or had an administrative order entered against you or any other disciplinary action taken against any license issued to you whether reprimand, censure, fine or other penalty, by any state, federal, or other regulatory agency?"

The Department received certified copies of two Orders issued by the Arizona State Board of Dental Examiners against the respondent's license to practice dentistry in the State of Arizona.  On two occasions, disciplinary actions were taken by the Dental Board against the respondent.  The respondent's license with the Dental Board expired on June 30, 2004.  Respondent did not disclose the Dental board actions to the Department as required.

On January 9, 2005, respondent, regarding a license renewal application, disclosed an arrest in Scottsdale, Arizona on July 1, 2003 for DUI.  Respondent pled guilty to DUI charges, served ten (10) days in jail and paid fines totaling $1,270.00.  Scottsdale City Court records indicate respondent was to enter an inpatient treatment program.

The Department subsequently learned respondent had been arrested for DUI and/or Extreme DUI in Scottsdale, Arizona on May 19, 2005 and June 27, 2005 as well as an arrest in Scottsdale, Arizona on November 19, 2005 for disorderly conduct and being a danger to himself and others.  Respondent did not disclose these arrests to the Department in a timely manner as required.  Charges involving the June 27, 2005 arrest were dismissed.

The respondent failed to reply to the Consent Order offered by the Department.  Grounds exist to summarily suspend respondent's real estate salesperson's license under A.R.S. §32-2157 (B) based on Respondent's conduct.


07.21.06

The Arizona Department of Real Estate announced 7/21/06 that an Order Summarily Suspending Salesperson's License and Notices of Right to Request Hearing was issued July 17, 2006 against WILLIAM MERVYN DOMINGUEZ, JR.

On or about May 4, 2005, Mr. Dominguez, Jr. was convicted of Theft, a Class 3 Felony, in Superior Court, Maricopa County, State of Arizona.  He was found in violation of A.R.S. §§13-1001, 1801, 1802, 610, 701, 702, 702.01 and 801.  On or about July 7, 2005, he was sentenced to one (1) year incarceration with work release furlough; five (5) years probation, and order to pay restitution totaling $276,031.68.  On or about July 18, 2005, he notified the Department in writing of the March 7, 2005 conviction for Theft.  He failed to notify the Department of the conviction within ten (10) days as required by A.A.C. R4-28-301 (F) and R4-28-303 (D).

Respondent has committed acts in violation of A.R.S. §32-2153 (A)(3), (B)(2), (B)(5), (B)(7) and (B)(10); that the Respondent has been convicted of a felony offense and is currently on probation for the conviction; and that summary action to suspend Respondent's real estate salesperson's license is authorized under A.R.S. §32-2157(C).


07.06.06

The Arizona Department of Real Estate and the AMC / Real Estate Ad Hoc Committee will be facilitating a workshop on "Sonora Public Registry & City Zoning in Mexico".  The workshop is scheduled for July 27, 2006 at a cost of $35.00 from 8 am to Noon at the Thunderbird/Garvin School of International Management, 15249 N. 59th Ave, Glendale, AZ.  For further details contact: Robert Russell at Tri-Vista Partners, 480-704-4749.  Click here for the workshop flyer.

The Arizona Department of Real Estate June Bulletin is now posted on the Department's website.


07.05.06

The Arizona Department of Real Estate announced today that effective June 28, 2006 an Order Summarily Suspending Salesperson's License and Notice of Right to Request a Hearing was issued against JASON MONGEAU.

He failed to comply with the Order wherein he had been ordered to "abstain from the use of any and all alcohol..." which he tested positive for on June 26, 2006.

The Department also announced that effective June 29, 2006 an Order Summarily Suspending Salesperson's License and Notice of Right to Request a Hearing was issued against KLYE RICHARD RIEDY.

He failed to comply with the Order wherein he had been ordered to "abstain from the use of any and all alcohol..." which he tested positive for on April 8, 2006.


06.20.06

The Educational Workshop on "Home Owners & CCR" scheduled for 6/29/06 at 8 am at the Thunderbird/Garvin School of International Management is in regards to REAL ESTATE TRANSACTIONS IN SONORA, MEXICO.  Please refer to prior Late Breaking News that was sent out announcing the workshop faciliated by the ADRE and the Arizona-Mexico Commission / Real Estate Ad Hoc Committee.


06.20.06

Be advised that the workshop "Homeowners Association and CC&R" has been RESCHEDULED to 6/29/06.  Everything else remains the same: 8 am-Noon at Thunderbird/Garvin School of International Management, fee: $35.00.

For further info. contact Robert Russell @ 480-704-4749.


06.16.06

REMINDER!  The Arizona Department of Real Estate in conjunction with the Arizona-Mexico Commission / Real Estate Ad Hoc Committee is sponsoring a workshop on "Home Owners Association and CC&R" as it relates to Sonora, Mexico.  The workshop is scheduled from 8:00 am to Noon on June 22, 2006 at the Thunderbird/Garvin School of International Management, AT&T Auditorium / Administration Building at 15249 N. 59th Ave, Glendale, AZ.

For registration and further information, please contact Robert Russell at (480) 704-4749.


05.22.06

Just a friendly reminder that the ADRE and the Arizona-Mexico Commission / Real Estate Ad Hoc Committee will be facilitating a workshop on May 25, 2006 at the Thunderbird/Garvin School of International Management, 15249 N. 59th Ave, Glendale, AZ  from 8 am to Noon.  The topic is "An Introduction to Agrarian Law, Collateral Mortgages, and Loan Protection".  Contact Dory @ 480-314-1606 to register.  Cost is $35.00.  Click here for the workshop flyer.


05.12.06

The Arizona Department of Real Estate announces that Governor Janet Napolitano appointed Thomas J. Pancrazi on March 16, 2006 to the Real Estate Advisory Board.  His term expires on January 31, 2011.  Mr. Pancrazi lives in Yuma, Arizona.  He is a University of Arizona graduate with a Bachelor of Science Degree, Real Estate.  His experience includes two decades of experience in commercial real estate from leasing retail and office space, development of industrial, retail and office sites, to site selection for a regional shopping center.  He has a Broker's license in both Arizona and California.


05.12.06

ADRE announces that the following went into effect May 8, 2006:-  All applications for Subdivision Public Reports will be screened for satisfaction of the Minimum Filing Requirements (compliance with Checklist requirements).  Applications with a deficiency will not be accepted for processing.  If an application is found deficient, contact will be made with the applicant to retrieve the file.  Click here to view the Minimum Filing Requirements Checklist or visit ADRE's website at www.azre.gov.


04.26.06

In order to better serve you, the Arizona Department of Real Estate announced today that the following changes will be occurring in the Licensing Division.  Those changes are:

  • The Department will continue to provide information and accept completed original applications (without any disclosures) including hire form and process them. However, the key word here is "completed"!  This will mean having all the necessary forms, signatures and documents on hand.  These individuals will be issued a license on the spot.
  • However, for those who have "disclosures" or are deficient in their application, the application will be returned to the individual with a checklist, marked to show what is missing.
  • Any application that has a "disclosure" may be left at the Department and staff will review it later.  Anyone bringing an application after 4 pm will be directed to leave it in the designated "drop" box.  There will be no exceptions.
  • The number of staff at the front counter stations will be reduced so as to encourage licensees to utilize the Online License Renewal System (OLRS).  On-line kiosks will be available and a Customer Service Representative will act as a Concierge to provide assistance and review the application.
  • If it is determined that the application is complete, the individuals will be given a number for the Front Counter Customer Service or the person may leave the package in the "drop" box for processing.  The Department will NOT accept a hire form and fee on an original application with DISCLOSURES, or a LATE-FILED RENEWAL WITH DISCLOSURE, unless and until the application is approved.

The changes will be effective 5/1/06.  These changes will allow the Department to focus its resources on processing application in the order in which they are received.  In addition, we feel that these changes will provide better and more efficient service to its licensees!


04.19.06

Reminder: On April 27, 2006 (Thursday) the Real Estate Ad Hoc Committee will be facilitating a workshop that will address real life issues, cases and problem solving.  There will a panel of attorneys who do business in Mexico and the United States.  The workshop will be held from 8 am to noon at the Thunderbird/Garvin School of International Management, 15249 N. 59th Ave, Glendale, Arizona.  The cost is $35 and you may register with Tri-Vista Partners at 480-704-4749 (ask for Dory).


04.19.06

The following information was sent to the Department by K. Michelle Lind, Esq., General Counsel for AAR.  We are sending this to all as an alert!

Officer Bob Cummins (5998) of the Phoenix Police Department (Phone: 602-495-5006 - Email: robert.cummins@phoenix.gov) contacted Ty Strout today about a real estate buyer scam on which they have had several complaints.  We have sent the information to the local associations to warn members and I thought I would pass it along to you as well.

A group of people have hit several REALTORS® in Arizona as well as in New Mexico.  The scam is that one of them comes into a real estate office claiming to have an investor who is looking to buy houses, land or businesses in the area.  Most of the accounts have been for large sums of money and multiple properties.  The individual says that they are on a tight time schedule and the deals must be completed quickly.  After the REALTOR® has spent their time doing all the required paperwork they later find out that the deals never go thru.  The scam individuals have done this to several large agencies in the state with the same results.  In some instances, they have requested hotel rooms and meals to be paid for by the REALTOR®.

They always claim to be related to the rock band Lynyrd Skynyrd.  Most of the time they have other land or business deals going on so a REALTOR® can call the other agencies and it appears as though they are legitimate.  They also are able to have unknown persons fax over paperwork showing they have a LLC company and are shareholders in that company.

If you need or have any additional information about this situation, please contact Ty Strout or Officer Cummins.

K. Michelle Lind, Esq., General Counsel, Arizona Association of REALTOR®, 255 East Osborn Road, Suite 200, Phoenix, Arizona 85012 - Phone: 602-248-7787 Ext. 461 - Fax: 602-351-2474 - MichelleLind@AARonline.com


03.30.06

On August 16, 2005, ADRE issued an Order Summarily Suspending Broker's and Salesperson's Licenses and a Cease and Desist Order to CARMEN CANTU and BETTY BARBEE.

This case was a joint investigation between the Attorney General and the Department.  This case was of a predatory agent (Carmen Cantu), his wife and broker (Betty Barbee), loan officer (FRANCISCO MARTINEZ) and escrow officer (VICTORIA CERVANTES) working together to fraudulently obtain home loans by using false and forged documents.  Maricopa County Superior Court Judge Brian Hauser issued the sentences.

On March 27, 2006 Carmen Cantu was sentenced to five years of supervised probation, with one year to be served in jail.  He had previously pleaded guilty to fraud and forgery.  Cantu was also ordered to perform 200 hours of community service, to pay fines and restitution totaling $53,623 and to forfeit his real estate license.

The loan officer, Francisco Martinez was sentenced to four years of supervised probation, with 60 days in jail, and to pay restitution of $9,999.  Martinez pleaded guilty to forgery.   Barbee and Cervantes were ordered to pay restitution of $27,823.  Two months ago, Barbee was sentenced to two years probation and a $1,000 fine.  She was also ordered to forfeit her broker's license and notary public license.  She had pleaded guilty to presentment of a false instrument.  Cervantes was sentenced in January to four years probation with forfeiture of her notary public license.  She had pleaded guilty to forgery.

Cantu and Barbee were doing business as PROFILE REALTY, INC.  Martinez worked at Security Mortgage Corporation, and Cervantes was employed by First Financial Title Agency of Arizona.

The Arizona Department of Financial Institutions issued a Consent Order against Security Mortgage in which Security Mortgage agreed to correct violations of the Arizona statutes governing mortgage bankers and to pay a civil penalty of $75,000.  Administrative proceedings against First Financial are pending.


03.23.06

The Arizona Department of Real Estate announced that the Final Report with recommendations from the Subdivision Task Force, established October 2005, was received today (3/23/06) from Chair Gary Brasher.  ADRE's response is within the body of the Final Report.  Click here to view the Final Report in its entirety.


02.15.06

Disregard prior posting that indicated that the workshop on "Taxation for Real Estate in Mexico" had been changed to 2/23/06.  The workshop will be held on 2/27/06 as originally scheduled.  The workshop will be held at the Thunderbird/Garvin School of International Management in the ATT Auditorium, 15249 N. 59th. Ave, Glendale, AZ from 8:00 am to Noon at a cost of $35.00.  For further information, contact Robert Russell at 480-704-4749.


02.09.06

The Date on the February Workshop faciliated by the ADRE and the Real Estate Ad Hoc Committee should have read "FEBRUARY 23, 2006".  Click here for the updated flyer.


02.07.06

The Arizona Department of Real Estate and the AMC / Real Estate Ad Hoc Committee will be facilitating a workshop on "Taxation for Real Estate in Mexico".  The workshop is scheduled for February 27, 2006 at the Thunderbird/Garvin School of International Management, 15249 N. 59th Ave, Glendale, AZ.

For further details contact: Robert Russell at Tri-Vista Partners, 480-704-4749.  Click here for directions to Thunderbird/Garvin School of International Management.  Click here for the flyer.  Continuing Education Credit may be offered.


01.23.06

The Arizona Department of Real Estate and the Arizona-Mexico Commission / Real Estate Ad Hoc Committee are facilitating a workshop on 1/26/06 from 8:00 am to Noon on "(Real Estate Transactions in  Mexico) Agreement for Reservation, Offer, Counter-Offer and Purchase Agreements".  The speakers are: Rodolfo Moreno (Notorio Publico) and Catalina Garcia.  The event will be held at Thunderbird/Garvin School of International Management, 15249 N. 59th Ave, Glendale, AZ.  The cost is $30.00.  Continuing Education credit is offered.

For further information, please contact Robert Russell @ 480-704-4749 or email:  robert.russell@trivistapartners.com .  Click here for directions to Thunderbird/Garvin School of International Management.  The Workshop will be held in Auditorium #3.


01.17.06

Please click here to review the agenda for the January 19, 2006 Advisory Board meeting.


01.13.06

The Arizona Department of Real Estate today (1/13/06) negotiated a Consent Agreement for Revocation of the Sales License of SERGIO ARIAS of Glendale, Arizona for his involvement in an internet chat, with sexual implications, with a person he believed to be a 13 year old girl and his appearance at a house in Tucson that he thought was the home of the 13 year old.  He was caught on tape as part of a KVOA TV "sting operation."


01.03.06

The Arizona Department of Real Estate announced today that the U.S. District Court, Southern District of Texas, has dismissed a lawsuit filed against the Department by STROMAN REALTY INC.

The Department had received numerous complaints from Arizona residents about the timeshare resale business practices of Stroman Realty Inc.  In response to these complaints the Commissioner issued to Stroman a Cease and Desist Order and Notice of Right to Request a hearing.  On January 13, 2000, the Commissioner directed that Stroman cease the resale activities and obtain the requisite licenses to comply with Arizona State licensing laws and regulations.  The order became final after thirty days when no response was received from Stroman.

Five years later on April 8, 2005, Stroman filed its original complaint seeking injunctive relief.  The Commissioner then filed Motion to Dismiss and Motion for Summary Judgment on all claims.  The Court granted the Commissioner's Motion to Dismiss on December 22, 2005.  The Court acknowledged the Department's "efforts to regulate the real estate licensing requirements within its jurisdiction."

To review the Memorandum & Order, please click here.


12.28.05

The Arizona Department of Real Estate issued Substantive Policy Statement No. 2005.15.  Short Title: Broker Home Office, Effective Date: 12/28/05.

Description of Practice/Procedure: This policy is to describe the circumstances when the Department will not require compliance with the signage requirement.

Some brokers retain their licenses on active status but do little or no real estate related activity and do not maintain an office outside their home.  A.R.S. § 32-2126 (B) provides, in part, that "Each designated broker and, if applicable, each employing broker shall cause a sign to be affixed at the entrance to the broker's place of business, in a place and position clearly visible to all entering the place of business, with the name of the broker, the name under which the broker is doing business if other than the broker's given name, ..."

The Department will not consider a broker to be in violation of the signage requirement under the provisions of A.R.S. § 32-2126 (BB) when the broker:

  • Maintains a home office in the broker's PRIMARY RESIDENCE
  • Handles FEWER THAN 3 transactions a year (0,1,or 2), and
  • Has no real estate related employees (licensed or unlicensed)

The broker shall clearly and obviously display the broker's real estate license in the home office and comply with all other applicable statutory and rule requirements to hold a broker's license.

Please click here to review SPS No.2005.15.


12.27.05

The Arizona Department of Real Estate announced today that Maricopa County Superior Court has affirmed the Commissioner's Final Order revoking RTD's Unsubdivided Lands Public Report.

The Department in January 2004, initiated action against RTD HOLDINGS INC.  It has been a long, arduous journey and despite the Department's meager resources it prevailed in its mission for the protection of consumers in Arizona.  This is an example of how the Department is upholding Arizona statutes by being vigilant in the enforcement of Subdivision laws.  To review the Court's findings, please click here.


11.30.05

The Arizona Department of Real Estate announced today that the new Application for Subdivision Public Report is now available.  Effective January 1, 2006, the new Application for Subdivision Public Report will be required for all filings.  You may download the application from the Department's website: www.re.state.az.us.


11.14.05

The Arizona Department of Real Estate and the Arizona-Mexico Commission Real Estate Ad Hoc Committee are facilitating a workshop on 11/17/05 (Thursday) on "How to Hold Title of Mexican Properties (bank Trust & Title)" from 8am to Noon at the Thunderbird/Garvin School of Int'l Management, 15249 N. 59th Ave, Glendale, AZ.  Contact for further information: Robert Russell @ 480-704-4749 or email him at: robert.russell@trivistapartners.comClick here for the map of the location, and click here for the flyer of the event.  The workshop will be held in Auditorium #3.


11.02.05

The Arizona Department of Real Estate announced today that the 2005 Edition of the Arizona Real Estate Law Book is now available.  The price of the law book is $12.00 (which includes postage).

The October 2005 ADRE Bulletin is also available on the Department's website: www.re.state.az.us


10.24.05

The Arizona Department of Real Estate announced today that the Arizona Department of Real Estate Advisory Board held their annual election on October 20, 2005 for a new Chair and Vice-Chair.  Gary Brasher was elected Chair and Lisa Suarez, Vice-Chair.  Officers are elected for a one-year term.  Mr. Brasher succeeds R.L. Brown as Chair.  Mr. Brown served as Chair consecutively from 2002 to 10/2005.  Former Chair Brown was appointed to the Board by Governor Fife Symington in 1995, and reappointed by Governor Jane Dee Hull in March 2001.  His term expires January 2007.


10.19.05

Please click here to review the agenda for the October 20, 2005 Advisory Board meeting.


10.18.05

The Arizona Department of Real Estate, in conjunction with the Arizona Mexico Commission / Real Estate Ad Hoc Committee, is sponsoring a series of 11 educational workshops on Real Estate Transactions in Mexico.  The first workshop is scheduled for 10/27/05 from 8am to Noon at the Thunderbird/Garvin School of International Management, AT&T Auditorium / Administration Building at 15249 N. 59th Ave, Glendale, AZ.  There is a fee of $25.00 per workshop or $200 for the series.  Click here for the flyer on the first workshop.  For future workshops, you may be able to obtain continuing education credit from ADRE.

For registration and further information, please contact Robert Russell at (480)704-4749 or email: robert.russell@trivistapartners.com .


10.13.05

ADRE announced today that the Department has revised Form LI-226 - Broker Candidate Experience Verification and that candidates for a broker's license should download and use the updated form.

Further, Form LI-235, Licensee's Personal Information Form has also been revised to reflect that a $10 fee will be charged when requesting the Department to change residential address, or residential mailing address, effective October 5, 2005.  A licensee may update residence address and telephone number online without a charge.


10.05.05

ADRE and AAR strongly encourage licensees to utilize ADRE's on-line license renewal system to make changes to their personal addresses.  Remember that R4-28-303 D requires licensees to provide notice of a change of residence address or residential mailing address within 10 days of the change.

You may change your address on line at your convenience for NO charge; however if you request the Department to make the change by either physically coming to the Department, faxing or mailing in your request, there will be a charge of $10.00.


09.14.05

ADRE in collaboration with AAR announced the following: Public Report Availability Prompts Changes to the AAR SPDS and Buyer Advisory

Developers are required to give new home buyers in a subdivision an Arizona Department of Real Estate Public Report.  The Public Report is required by state law and developers must provide information about a subdivision to various state agencies in order for a subdivision to be approved and sales to begin.  Although some of the information becomes outdated or is no longer accurate, subsequent buyers may also benefit from reviewing the Public Report.  Therefore, the Department is making the reports readily available.  Public Reports dating from January 1, 1997 are now or can be available on the ADRE website at http://services.azre.gov/publicdatabase/.

At the Commissioner's request, a notice to buyers about the availability of a Public Report will be added to the Arizona Association of Realtors Residential Seller's Property Disclosure Statement ("SPDS") at the next printing.  The new notice will follow the question on line 11 Residential SPDS (which asks the approximate year built).  The notice in the SPDS will state:

Notice to Buyer: If the Property is in a subdivision, a Public Report, which contains a variety of information about the subdivision at the time the subdivision was approved, may be available by contacting the Arizona Department of Real Estate or the homebuilder.  The Public Report information may be outdated.

The Buyer Advisory will also be updated to include a link to the ADRE website where the copies of Public Reports may be obtained.


09.01.05

ADRE announced that as of 9/1/05, the Department's new Public Database website has been launched at http://services.azre.gov/publicrealm.  This replaces the old Public Realm website.  All links on the Department's main web site and the online renewal website have been updated.

You will be able to obtain licensing, education, subdivision Public Reports and download lists of data that can be imported into your own applications for creating reports, generating statistics, etc.


08.26.05

ADRE extends a sincere apology to Dan Schwartz Realty who we unintentionally named in the Late Breaking News item sent out August 25, 2005 wherein it was noted that Leonel Estrella was the subject of a Summary Suspension.  It should be noted that Mr. Estrella was employed by a variety of brokers during the time period of the alleged violations.  Dan Swartz Realty employed Mr. Estrella in August 2004 until severed upon entry of the Department's Summary Suspension Order.  There is no evidence that Dan Schwartz Realty participated in any of the alleged misconduct.  Dan Schwartz Realty was not named as respondent in the Summary Order.


08.25.05

To take advantage of the advances in technology, the Arizona Department of Real Estate will be sending pink postcards to salespersons and brokers as a courtesy reminder that the person's license expiration date is approaching.  The notice, replacing the pink renewal applications previously issued, will be sent to the business address of active-status licensees, and the residential mailing address when the license is on inactive status.  The postcard will prompt the licensee to complete continuing education courses (required of real estate brokers and salespersons), and/or to go on-line and file for license renewal before the license expires.  After license expiration, the on-line system is not available as a method to file for license renewal; it must be done by mail or in person and additional documentation and fees are required.  The postcard also provides instructions to licensees for printing or requesting a renewal application form if they are unable to renew on-line or do not wish to.

Licensees are reminded that it is their responsibility to timely renew their license, and they can check their license status at any time by logging onto the Department's website: www.re.state.az.us, and selecting Search Database, or by contacting the Department's offices Monday thru Friday, from 8am to 5pm.  If a licensee continues to work as a real estate agent after license expiration, he or she faces disciplinary action, including license suspension and civil penalties.


08.25.05

ADRE issued an Order Summarily Suspending Salesperson's License of LEONEL ESTRELLA with Dan Schwartz Realty, effective August 25, 2005.

Mr. Estrella used his real estate license to mislead homebuyers into believing they could lawfully purchase and own homes using falsified credit and wage information and in many cases, by using Social Security numbers assigned to others, and to obtain home loans from lenders for purchasers who cannot, and do not qualify for the loans.

Further, on or about March 8, 2005, the Grand Jury, in United States District Court, District of Arizona, Cause No. CR05-0183 PHX JAT, returned an Indictment against Estrella and co-defendant, charging Estrella with one count of Conspiracy, in violation of 18 U.S.C. § 371; six counts of HUD Fraud, in violation of 18 U.S.C. §1010; and three counts of Bank Fraud, in violation of 18 U.S.C.§ 1344.


08.17.05

The Arizona Department of Real Estate announced today that an Order Summarily Suspending Broker's and Salesperson's Licenses and Cease and Desist Order was issued against CARMEN CANTU and BETTY BARBEE, husband and wife.

Findings against Betty Barbee were that she had committed acts in violation of A.R.S. §§ 32-2153 (A) (1), (2), (3), (4), (6), (21), (22), (B) (3), (4), and (7), and finding that Carmen Cantu has committed acts in violation of A.R.S. §§ 32-2153 (A), (1), (2), (3), (4), (22), (B)(3), (4) and (7).  The real estate broker's license of Betty Barbee, doing business as Profile Real Estate Services & Investments, LLC, is hereby summarily suspended.  The real estate salesperson's license of Carmen Cantu is also summarily suspended.


08.12.05

The Arizona Department of Real Estate announced the issuance of Substantive Policy Statement No. 2005.14, Title: Fair Housing Course Substitute, Effective: August 9, 2005.

SPS No. 2005.14 was issued to provide clarity on ADRE'S position on when licensees who deal exclusively in real estate specialty areas may request accommodation to allow them to substitute a class applicable to their area of specialization instead of taking a course in Fair Housing (which is a mandatory category for real estate license renewal).

SPS No. 2005.14 may be viewed in its' entirety on the Department's website at the following link: Substantive Policy Statements.


07.21.05

Please click here to review the agenda for the July 21, 2005 Advisory Board meeting.


07.20.05

The Arizona Department of Real Estate announced a Cease and Desist Order against 107 respondents who own or did own real property or participated in or assisted in the sale of real property (hereafter "SADDLE MOUNTAIN RANCH").

The Department ordered, pursuant to A.R.S. §§ 32-2154 and 32-2183 (I), that respondents immediately cease and desist from selling or offering advertising, facilitating, counseling, advising, directing, negotiating, assisting, or attempting to sell lots in the Subdivision without first complying with applicable laws and rules.  It is further ordered that the respondents immediately provide notice to persons to whom they have sold lots in the Subdivision of their right to rescind, or cancel, the purchase, pursuant to A.R.S. § 32-283 (F).

ADRE further ordered that the real estate broker's and salesperson's licenses of respondents MATT HIATT, DORE PFAFF, KENNETH GRAHAM, and J. ROGER ALQUIST are summarily suspended.

Saddle Mountain Ranch is located in Maricopa County near Tonopah.

Please click here to review the Cease and Desist Order.


07.20.05

The Arizona Department of Real Estate announced a Cease and Desist Order against JUAN CAMPOS; TREVOR HATCH; MARK FELDBAUER; JAMES ANTHONY BUSCHE; STEPHANIE YEBARRA; ROBERT BURDIAK; JAY PATER; FREDDY CABRIEL; TIMOTHY PAGEL; VIRTUAL REALTY CO., LLC, (also known as VIRTUAL REALTY FUNDING CO, LLC); HOME INVESTMENT & ACQUISITIONS CO., LLC and PLAYER REALTY & INVESTMENTS, LLC, Arizona limited liability companies.

The Department ordered pursuant to A.R.S.§§ 32-2122 (B) and 32-2101 that respondents shall immediately cease and desist from engaging in any real estate activity capacity whatsoever, directly or indirectly, within the State of Arizona without first complying with all applicable laws and rules.

The Department further ordered that pursuant to A.R.S. §32-21544 (A), all respondents shall immediately notify all persons who have transactions pending, wherein any respondent has prepared real estate contracts or performed any other services in violation of Title 32, Chapter 20, Arizona Revised Statutes, that except for respondents Perkins and Pickron, respondents were not licensed or authorized to conduct such business, and none of the respondents are currently authorized to conduct such business.

It was further ordered that the real estate salesperson's licenses of William Pickron and Kenneth D. Perkins doing business as Virtual Realty are summarily suspended.

Please click here to review the Cease and Desist Order.


06.22.05

The Arizona Department of Real Estate announced that a Cease and Desist Order against 86 respondents who own or did own real property or participated in or assisted in the sale of real property (hereafter "GREER RANCH", "the Property" or "the Subdivision").

The Department ordered, pursuant to A.R.S. §§ 32-2154, 32-2181(A), (D), and 32-2183(F), that the respondents immediately cease and desist from selling or offering, advertising, facilitating, counseling, advising, directing, negotiating, assisting, or attempting to sell lots in the Subdivision without first complying with applicable laws and rules.

The location of Greer Ranch we issued the order on, is located off New River Road, north of Carefree Highway.

Please Click here to review the Cease and Desist Order.


06.15.05

The Arizona Department of Real Estate announced today that the Arizona and You, A Consumer Guide is now available in Spanish.  The Guide will be available at both the Tucson and Phoenix offices.

The Department's policy and fee for the Consumer Guide will be as follows:

  • 1st copy no-charge to anyone.
  • 1st five copies no-charge to: Brokerages, Entities, Real Estate Schools and Developers.
  • $1.00 fee for multiple copies above those initial copies listed above.

You may obtain a copy by mailing ADRE a 6" x 9" self-addressed, stamped envelope with first class postage of $1.52.

The Department has a limited supply of the Consumer Guide in Spanish.


06.06.05

The Arizona Department of Real Estate announced today the names of the individuals who have been selected to serve on the Cross-Border Transactions Stakeholder Committee.  They are: Mike Patterson, K. Michelle Lind, Juan Francisco Moreno, Michael McCalley, John Slattery, Doug Groppenbacher, Judy Lowe, Steve Barger, Jose Padilla, John Gerard, Roger Breckenridge and Jeff Petersen.  The Consultant / Coordinator of the Committee is Ed Ricketts.  Alternates named were: Thomas DeSollar, Cindy Ferrin and Mary C. Utley.

The first official Cross-Border Transactions Stakeholder Committee meeting will be held on Tuesday, June 28, 2005 at 10am at the Arizona Department of Real Estate, 2910 North 44th Street, 2nd Floor Conference Room, Phoenix, Arizona.

The Commissioner extends a special note of appreciation to all who expressed an interest in serving in the Committee.  Many qualified resumes were received and the selection process was highly competitive.


05.25.05

As of today, the Arizona Department of Real Estate June 2005 Bulletin is on the Department's website.  On our main page, please click on the bulletin link.


05.25.05

The Arizona Department of Real Estate announced today that they are actively recruiting qualified individuals to apply for the vacant position of Deputy Director in Administrative Actions Division that was created due to Cindy Wilkinson's promotion to Director of Education.


05.25.05

The Arizona Department of Real Estate announced the following today:

  • Cindy Wilkinson was chosen to be the new  Director of Education Division effective June 6, 2005, replacing David Jankofsky who has accepted a position with the Arizona Department of Transportation.
  • A new subsection (G) in the Commissioner's Rule R4-28-1103 will be effective June 6, 2005, which exempts certain small brokerage firms from the requirement to have a written policy and procedures manual.
  • Law book Supplement #2 is available on the Department's website: http://www.re.state.az.us.  Both the Phoenix and Tucson offices will be provided with copies for distribution with the purchase of a law book.


05.23.05

On Friday, May 20, 2005, Governor Napolitano signed an $8.2 billion budget for FY 2005-06.  The Arizona Department of Real Estate received a 10.4% increase for FY 2005-06 over the Department's prior appropriation for FY 2004-05.  What this increase means is that it will enable the Department to fill some vacant employee positions.  By filling these positions, ADRE will be able to provide better services to licensees, developers and the general public.


05.18.05

The Arizona Department of Real Estate announced today that Commissioner Elaine Richardson has been chosen by the Arizona-Mexico Commission as this year's recipient of the Tony Certosimo Award.  The award is presented to the individual who embodies the mission of the AMC and furthers its success.  The award recipient must strive to emulate the efforts made by Mr. Tony Certosimo (first Executive Director for the AMC) to promote the general well being of all who call our border home.  The Commissioner was chosen for her commitment to striving for excellence in the AMC's vision.

The award ceremony will be held at the AMC's annual Plenary Session on Saturday, June 18th at 9am at J.W. Marriott Starr Pass in Tucson.


04.15.05

ADRE announced today that Governor Janet Napolitano signed on April 4, 2005 H.B.2184 Real Estate: Definitions; Civil Penalties.  Specifically, H.B. 2184 does the following:

  • Clarifies the definition of the term "barrier" to deter the creation of illegal subdivisions.
  • Clarifies the definition of a primitive road and the role it plays in establishing contiguity between two lots, to make it more difficult for parties to circumvent the subdivision and lot splitting laws.
  • Includes the term "option" in the definition of a "sale" or "lease".
  • Clarifies exemptions to the definition of "subdivision" and "subdivided lands".
  • Establishes a procedure to impose disciplinary action against those who violate the laws for unsubsidized lands, within the earlier of five years of discovery of the violation or five years of when the discovery SHOULD have occurred.
  • Outlines civil penalties of up to $1,000 per infraction that are identical to the penalties on infractions for illegal subdivisions.

Please click here to review HB2184.


04.12.05

For Designated Brokers -

The Broker Audit Declaration may now be completed online as part of the broker renewal.  This enhancement to the online licensing system became effective this morning, April 12, 2005.  If the DB is renewing by mail or in person, the renewal will be incomplete unless accompanied by the completed Broker Audit Declaration or it has been completed and received by the Department up to 60 days prior to the renewal submission.  Completing the Broker Audit Declaration online is the streamlined easier way to renew.

Education Advisory Committee:

Commissioner Elaine Richardson announced the Members of the Education Advisory Committee for the Department's Education Division.  They are: William Gray (Phoenix), James Hogan (Tucson), Gina Hudson (Tucson), Stu Israel (Glendale), Cecil Daniels (Peoria), Barbara Freestone (Phoenix), Jack Shomenta  (Bisbee), Samantha Kelley (Gilbert), Mary Lee Greason (Tucson), Karen Potts (Phoenix) and Robert Blanchard (Phoenix).

The Education Advisory Committee's task is to help the Education Division of ADRE fulfill its Mission of: Protecting the public interest by raising the level of professionalism in the real estate sector without increasing barriers to entry into the sector.


04.04.05

The Arizona Department of Real Estate is seeking volunteers who are willing to work hard, receive no pay but get plenty of "Thanks" to serve as a member for 2005 on a newly created Stakeholder Committee for Cross-Border Transactions.  The twelve-member committee will recommend to the Department how to address issues and concerns affecting Arizonans and assist in creating a proactive, positive relationship with Sonora stakeholders.

Interested individuals can request more information about the Cross-Border Stakeholder Committee by emailing the Commissioner's Assistant, Carla Randolph at: crandolph@re.state.az.us.


04.04.05

Please click here to review our Directory and Summary of Arizona Real Estate Rules.

Please click here to review our 2005 Directory of Substantive Policy Statements.


03.29.05

On March 5, 2005, Rule R4-28-803 (A & B), Contact Disclosures (for developments) was modified as follows:

A. The required contract disclosure above the buyer's signature must now substantially read, "The Developer shall give a prospective purchaser a copy of the Public Report and an opportunity to read and review it before the prospective purchaser signs this document."

FOR THOSE OF YOU NEEDING TO USE YOUR PRINTED CONTRACTS, THE DEPARTMENT WILL ACCEPT A CONTRACT ADDENDUM THAT SATISFIES THIS RULE.

B. Clarification that the developer or developer's agent is responsible for required disclosures.


03.21.05

ADRE has noticed a number of Hire Transactions on the Online License System that have either gone PAST the pending expiration date or are NEARING THE EXPIRATION DATE for approval by the Designated Broker for the Hiring Brokerage.  Please note that if a pending Hire Transaction goes past the expiration date, the transaction defaults to the licensee not being hired and remaining inactive.  The Department is working on an email notification for pending transactions but until this is accomplished, please be aware that the Designated Broker should CHECK their pending transactions periodically and take the appropriate action.  The licensee should not be working until the pending transaction is complete.


03.18.05

The ADRE Education Advisory Committee (EAC) is seeking volunteers to serve for 2005-2006.  The eleven-member committee will advise the Department on how to enhance the overall professionalism of those in the real estate sector.

Interested individuals can request more information about the EAC by e-mailing the ADRE Education Director at djankofsky@re.state.az.us .


03.17.05

The latest bulletin is now available online.  Please click here to view.


03.14.05

In an effort to provide clarification and reduce anxiety for those real estate professionals who are asking about "temporary offices", ADRE's response is as follows:

A real estate broker or salesperson may set up a booth at an event without being required to comply with the requirements for a branch office if -

  • The event is temporary, such as a week-end home show or trade show, and
  • If the booth is used for promotional activity only (distributing advertisements, business cards, etc.) and no sales activity occurs.

If the broker or salesperson sets up a booth on a permanent site (such as in a kiosk in a mall) or on a temporary site on a regular basis (such as every weekend at a swap meet), the booth must be licensed as a branch office.


03.07.05

ADRE announced that the Real Estate Commissioner's Rules (Arizona Administrative Code) have changed and those changes are effective March 5, 2005 (today).

Some of the effected Rules are as follows:

  • R4-28-101 Definitions
  • R4-28-102 Document Filing; Computation of Time
  • R4-28-103 Licensing Time Frames
  • R4-28-104 Development Inspection Fee
  • Table 1: Time Frames

If a section is not included in this supplement, it was not amended in this rulemaking package; please refer to the Rules contained in your copy of the Arizona Real Estate Law Book.  You may view the Rule changes in their entirety at this Link: Law Book Supplement #1.


03.01.05

1.  There is a new testing facility in Casa Grande.  This is offered by Thomson Prometric (formerly known as Experior Assessments).  The Casa Grande site has 16 seats for testing.  The candidate will need to call the Call Center @ 800-899-4091.

2.  The official spokespersons for the Arizona Department of Real Estate are: Commissioner Elaine Richardson and Mary C. Utley, Public Information Officer.

3.  ADRE policy on Consumer Guide Distribution and Fees is as follows:

  • 1st copy no-charge to anyone
  • 1st five copies no charge to: Brokerages, Entities, Real Estate Schools & Developers
  • $1.00 fee for multiple copies above the initial copies.

4.  There is a new Broker Audit Declaration Form (Revised 12/04).

5.  Effective March 5, 2005, Rule R4-28-303(A)2 (F), requires each designated broker to complete and submit the Broker Audit Declaration as a part of the renewal process.  The application can happen no earlier than 90 days prior to renewal.


02.28.05

All ADRE approved contract law instructors will be required to attend the AAR training on AAR Residential Purchase Contract and related addenda.  The training is being provided at no cost (space is limited).  The training is scheduled for March 24, 2005 from 1 - 4 pm (12:30 registration) at the Coldwell Banker Training Center, 4646 E. Van Buren, Suite 180, Phoenix and March 25, 2005 from 9 am - Noon (8:30 registration) at Hogan School of Real Estate at 4023 E. Grant Rd., Tucson.  (ONLY OPEN TO INSTRUCTORS).

Instructors: Laura Mance, CRB (Chairman, AAR Forms Steering Workgroup) and K. Michelle Lind, AAR Legal Counsel.  For further information, call AAR at (602) 248-7787 / 800-426-7274 or go to www.aaronline.com .


02.14.05

In an effort to enhance the education process and vie more emphasis to this important aspect of our industry, the Arizona Department of Real Estate announced that the Education/Licensing Division would become two independent divisions.  This action was taken in response to the overwhelming and ever increasing numbers of licensees receiving services and the increasing needs of real estate education.

The Department has named David P. Jankofsky to head the Education Division.  Mr. Jankofsky comes to the Department with many years of experience as a public servant and in the education field.  He will be joining us on February 28, 2005.


12.20.04

Now Available!  Arizona Real Estate and You (a Consumer's Guide), published by the Arizona Department of Real Estate.  If you are about to sell or buy a house, and you need some help navigating a smooth course through the real estate transaction process, you need to read this book!


11.22.04

Town of Gilbert - disclosure of the availability of fire protection and emergency response services to county islands located within the urbanized area.  The Town of Gilbert is extremely concerned that real estate agents may be under the impression that a Gilbert mailing address results in Gilbert emergency and fire services.  That is not the case!  Please click here to review the letter dated October 29, 2004 from the Town of Gilbert.


11.22.04

Regulatory Agenda -- Please click here to review our agency's regulatory agenda for 2005.