STATE OF VERMONT SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION VERMONT REAL ESTATE COMMISSION ) ) ) STIPULATION AND CONSENT ORDER

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1 SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION VERMONT REAL ESTATE COMMISSION IN RJI!:: CHARLES ALEXANDER LiceDlse No ) ) ) Docket No: RECO STIPULATION AND CONSENT ORDER NOW COMES the State ofvennont,through State's Prosecutor Robert H. Backus, and the R~~spqndent, Charles Alexander and enter into the following Stipulation and Consent Order. Commission Authority 1) Thle Vermont Real Estate Commission ("the Commission") has authority, after findi11g unprofessional conduct, to issue warnings or reprimands, suspend, revoke, limit, condi:tion or prevent the renewal of licenses whether or not a license has lapsed. 3 V.S.A. 121(2), 122(24), 129(a)(4), 129a(d), 814(d); 26 V.S.A. 2252(b)(3) 2296(e)(1}- (3); mid the Rules of the Real Estate Commission ("RREC"). Facts 2) The Respondent, Charles Alexander, is a licensed Real Estate Salesperson, holding license number 082.: issued by the State of Vermont. This license was originally issuecl on or about August 19, 2003 and it is currently set to expire on May 31, ) At all times relevant to these charges, the Respondent was employed as a real estate salesp'ersonat Batenkill Real Estate located in Manchester Center, Vermont. 4) On or about August 13,2005 Respondent showed buyer J.D. a piece of property he was lllterested in located in Sunderland, Vennont. Respondent walked the property with J.D., but failed to provide J.D. with an agency disclosure fonn.. Charges 5) Tl1le acts, omissions ~d/or circumstances described above constitute grounds for discipline because the Respondent violated: (i) RREC Rule 4.5(b) (A brokerage firn1 employed by a seller shall disclose to a buyer that the brokerage finn represents the seller's interest and as such has a fiduciary duty to disclose to its principal infonnation that is material to the sale acquired from the buyer or any other source. This disclosure must also infonn the buyer that buyers may retain brokers. This disclosure shall be made orally as 1

2 soon as reasonably necessary to avoid leading the buyer into a misplaced confidence, and shall be provided in writing at the first substantial contact with the buyer, and signed by the buyer.) Understandings 6) lne parties understand that the terms of this Stipulation and Consent Order are contingent upon review and acceptance by the Commission and that if the Commission rejects any portion the entire Stipulation and Consent Order shall be null and void. 7) The Respondent has read and reviewed this document fully and agrees that it contains tile entire agreement between the parties. 8) This Stipulation and Consent Order is entered into voluntarily by the Respondent after the opportunity to consult with legal counsel. The Respondent has not been c;jerced by.anyone into si~g this Stipulation and Consent Order., 9) The Respondent is voluntarily waiving any right to a contested hearing before the C:ommission. 10) The Respondent agrees that the Order set forth below may be entered by the C~ommission. 11) The Respondent waives any right to appeal from any order entered pursuant to this s1:ipulation. 12) VIHEREFORE, the parties agree that the following constitutes a reasonable r(~solution given the above violations: CONSENT ORDER Based upon the above stipulation, it is ADJUDGED as follows: A. By committing the above act(s), circumstance(s) and/or omission(s), the Respondent has committed unprofessional conduct in violation of: RREC Rule 4.5(b) B. Based on the above stipulation and findings of this Commission, it is ORDERED as follows: The Commission hereby REPRIMANDS the Respondent's license. Additionally, the Commission hereby imposes an ADMINISTRATIVE PENALTY in the amount of THREE HUNDRED DOLLARS ($300.00) 2

3 ~ AGREED TO: Dated: By: By: APPROVED AND SO ORDERED: COMMISSION Dated: ~ VERMONT REAL ESTATE DateofEntry:-2! I f o_~ 3

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5 ! SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION VERMONT REAL ESTATE COMMISSION IN RE: CHARLES ALEXANDER License No Docket No: RECO SPECIFICATION OF CHARGES NOW COMES the State ofvennont and makes the following Charges against the!respondent, Charles Alexander: Commission Authority 11) The Vennont Real Estate Commission ("the Commission") has authority, after rinding unprofessional conduct, to issue warnings or reprimands, suspend, revoke, limit, conc',ition or prevent the renewal of licenses whether or not a license has lapsed. 3 V.S.A! 12](2), 122(24), 129(a)(4), 129a(d), 8l4(d); 26 V.S,A, 22.52(b)(3) 2296(e)(1)-'(3};,:md the Rules of the Real Estate Commission ("RREC"). i Facts 2) The Respondent, Charles Alexander, is a licensed Real Estate Salesperson, holding license number issued by the State of Vermont. This litense was originallylissu~:d on or about August 19,2003 and it is currently set to expire onl May 31, ) A.t all times relevant to these charges, the Respondent was employed as a real estate salesperson at Batenkill Real Estate located in Manchester Center, Vermont. 14) On or about August 13,2005 Respondent showed buyer J.D. a piepe of property he Iwas ]nterested in located in Sunderland, Vermont. Respondent walkep the property withj.d., but failed to provide J.D. with an agency disclosure fonn. I ' Charges t Prosecuting Attorney Office of Professional Regulation 9 Baldwin Street Montpelier, VT ~ ~~ acts, omissions and/or circu~stances described above consti~te grounds forjdlsci]jhne because the Respondent violated: I (i) RREC Rule 4.5(b) (A brokerage [Inn employed by a seller' shall disclose to a buyer that the brokerage firm represents the seller's interest and as such has a fiduciary duty to disclose to its principal information that is material to the sale acquired from the buyer or any other source. This disclosure ~ust also inform the buyer that buyers may retain brokers. This disclosure shall be Imade orally as soon as reasonably necessary to avoid leading the buyer into a,misplaced 1 I

6 IDArED I confidence, and shall be provided in writing at the first substantial contact with the buyer, and signed by the buyer); (ii) 3 V.S.A. 129a(b )(2) (Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may constitute unprofessional conduct. Failure to practice competently includes failure to confonn to the essential standards of acceptable and prevailing practice); and (iii) 3 V.S.A. 129a(a)(3) (Failure to comply with the provisions of state statutes or rules governing the practice of the profession). Relief Requested WFffiREFORE, the Respondent's license should be revoked, suspended, reprimanded, or othl~rwise disciplined. at Montpelier, Vermont this.-li'lot / " dayo /i/i! (~/? ~2005. I sia TE OF VERMONT S ) By: State Prosecuting Attorney rec.altxander.soc Prosecuting Attorney Office of Professional Regulation 9 Baldwin Street Montpelier, VT