CRC # 400 Matter of Pozzanghera, Consent Order - failure to supervise in permitting use of trade name before being licensed and in permitting use of unlicensed branch office; failure to
supervise associate brokers; improper licensure as representative broker when not a corporate officer; failure to execute termination of association cards; $ 7,000 fine
Not exact matches
How can
broker - owner Matthew Widdows properly
supervise his
associates with no office staff?
Using this analysis, the trial court determined that Re / Max sales
associates were employees because the
brokers provide all the work «tools» to the sales
associates; the sales
associates are required to work exclusively for Re / Max; and sales
associates are required by statute to be
supervised by
brokers.
The sales
associates have to comply with behavioral guidelines established by Re / Max
brokers; the sales
associates are
supervised by the
brokers; and the sales
associates depend upon
brokers providing them with the necessary «tools» (office equipment, listings, etc.) to perform as a sales
associate.
The Discipline Hearing Committee has further ordered that, in addition to ensuring that Mr. Lin no longer
associates himself as a licensee or as an unlicensed assistant with the brokerage Lester Lin Realty, the brokerage and the managing
broker, Jeffrey Fee, must take immediate steps to ensure that licensees
associated with the brokerage are properly
supervised as required under the Council Rules.
In addition, Acme's property management services must be
supervised by a managing
broker who is licensed to provide rental property management services and all other persons employed by Acme as leasing or rental agents must be licensed as representatives (or
associate brokers) to provide rental property management services under RESA.
241 DOS 98 Matter of DOS v. Himark Realty — failure to appear at hearing; cease - and - desist; duty to
supervise sales
associates; vicarious liability; ex parte hearing is permissible upon proof of proper service; salesperson inadvertently calls home listed on cease - and - desist list which demonstrates incompetency;
broker is obligated to
supervise real estate brokerage activities of its salespersons and is vicariously liable for their misconduct, limited only with regard to penalty in cases where the
broker lacked actual knowledge of misconduct or did not retain any benefit derived from that misconduct; corporate
broker, representative
broker and salesperson each to pay $ 250 fine
730 DOS 02 DOS v. New World Realty of New York, Inc. — availing of license; deposits; disclosure of agency relationships; duty to
supervise sales
associates; failure to pay judgment; proper business practices; DOS has jurisdiction where disciplinary action was started while individual was licensed as an
associate broker and was eligible to automatically renew at the time of the disciplinary hearing; salesperson owned voting stock in licensed corporate real estate
broker, failed to pay judgment and failed to present evidence of inability to do so, and engaged in unlicensed activity after license expired; representative
broker availed corporate real estate
brokers license to salesperson; representative
broker failed to properly
supervise salesperson by permitting and authorizing salesperson to act as a real estate
broker;
broker and salesperson failed to make agency disclosures and failed to deposit funds of principal in a special bank account; real estate transaction conducted was a fraudulent business practice; DOS fails to prove the unauthorized practice of law; salesperson's license revoked and salesperson ordered to pay refund of $ 1,406.00 of illegal commission collected; representative
broker's license revoked and
broker ordered to refund $ 74.00 of illegal commission collected; representative
broker fined $ 5,000.00
960 DOS 03 DOS v. Vazquez - deposits; unlicensed activity; duty to
supervise sales
associate; failure to cooperate with DOS investigation; failure to pay judgment; sanction;
broker fails to reply to DOS's request for information;
broker allows two individuals to work in association with brokerage without being properly licensed;
broker fails to pay judgment;
broker fails to return rental deposits in two transactions where the rental was not consummated;
broker fails to
supervise sales
associate and is accountable for monies received by salesperson and unaccounted for; in setting penalty, it is proper to consider licensees were found to have availed themselves of improper licensed real estate salespersons and to have retained an unearned commission; corporate
broker's license and representative
broker's license revoked and
brokers ordered to pay restitution in the amount $ 7,725.00 and judgment in the amount $ 740.37
Separate Licenses for
Associate Brokers and
Supervising Brokers In an effort to strengthen
broker supervision, a
Supervising Broker licensing category should be created.
(6) When required in writing to do so by a salesperson formerly
associated with a
supervising broker, the
supervising broker shall promptly provide the former salesperson with a certified statement on the form prescribed by the board, identifying all real estate transactions in which the salesperson was involved in connection with the salesperson's association with the
supervising broker, within the three years preceding the request.
NVAR recommends legislative or regulatory action to: (1) separate licenses for
Associate Brokers and
Supervising Brokers; (2) establish
Supervising Broker course requirements; (3) improve the quality of real estate schools and instructors; (4) require mandatory continuing education topics be completed in - class; (5) bolster pre-licensing education requirements; and (6) improve VREB enforcement.
To support managing
brokers in their efforts to ensure that their
associated licensees are adequately managed and
supervised, particularly in the area of strata management, the Council has developed this Special Report from Council, focusing on the unique challenges facing managing
brokers in the course of operating a brokerage that provides strata management services.