STATE OF VERMONT SECRETARY OF STATE OFFICE OF PROF'ESSIONAL REGULATION REAL ESTATE COMMISSION ) ) ) ) ) ) STIPULATION AND CONSENT ORDER STIPULATION

Transcription

1 STATE OF VERMONT SECRETARY OF STATE OFFICE OF PROF'ESSIONAL REGULATION REAL ESTATE COMMISSION RECETVED OcT 12 20lt IN RE: BETH A. MCCULLOUGH License No IN RE: HARRINGTON REALTY License No I-MAIN Docket No Docket No STIPULATION AND CONSENT ORDER STIPULATION NOW COME the State of Vermont, by and through State Elizabeth A. Jarvis, and the respondents in this matter, Beth A. McCullough and Harrington Realty, both represented by Gary D. McQuesten, Esq., who stipulate and agree as follows: Commission Authority 1 The Vermont Real Estate Commission (the "Commission" has authority to issue wamings or reprimands; suspend, revoke, limit, or condition current licenses; or prevent the renewal of lapsed licenses it after disciplinary hearing, the Board finds that the Respondent has engaged in unprofessional conduct. 3 V.S.A. $ 129(a; 3 V.S.A. 5 r29a;3 V.S.A. $ 81a(d;26 V.S.A. $2212;26 V.S.A ;the Administrative Rules of the Real Estate Commission.'ARREC"; and the Rules of the Offrce of. Stipulated Facts and Violations 2 Beth A. McCullough (the "Respondent" of Cabot, Vermont is licensed by the State of Vermont as a Real Estate Broker under license number This license was originally issued on October 27,2010, and expires on March 31, Harrington Realty (the "Respondent Brokerage Firm" of Cabot, Vermont is licensed by the State of Vermont as a Real Estate Brokerage Firm-Main Office under license number I-MAIN. This license expires on March 31,2018. During the relevant time period, Respondent was employed as the Principal Broker of the Respondent Brokerage Firm. Montpelie VT 5. In January of 2015, Client I and Client 2 owned a home together in Washington, Vermont (the "Property". I

2 In January of 2015, only Client I lived in the Property. On January 14,2015, Client I signed an Exclusive Right to Market Agreement with the Respondent and Respondent Brokerage Firm. On January 15,2015, the Respondent listed the Property for sale on the Multistate Listing Service (MLS. At the time the Respondent listed the Property for sale on the MLS, Client 2 had not signed the Exclusive Right to Market Agreement t l7 18 t9 At the time the Respondent listed the Property for sale on the MLS, the Respondent hacl not spoken to Client 2. After placing the Property on the MLS, Respondent began to render brokerage services by marketing and showing the Property. Client 2 eventually signed the Exclusive Right to Market Agreement on or about March 2,2015. Client 2 did not date his signature. Both Client I and Client 2 signed an Amendment to Listing Agency Agreement to reduce the price of the Property on June I0,2015. On July 30,2015, Client 1 signed an Amendment to Listing Agency Agreement to extend the term of the Marketing Agreement from August 15, 2015, to February This Amendment also included a2"d price reduction in the sale price of the Property. The Respondent updated the MLS listing on the Property to reflect the 2nd price reduction for the Property on July 30,2015. On July 30,2015, Client 2 sent an to the Respondent indicating he did not agree with the Marketing Agreement extension. On August 6,2015, Client 2 sent an to the Respondent indicating he did not agree with the 2"d price reduction. Client 2 never signed the July 30th Amendment to Listing Agency Agreement. On August 10,2015, the Respondent canceled the contract she held with Client I and Client 2 regarding the Property. At this time, the Respondent removed the Property from the MLS. Montpelie VT Violation One: 3 V.S.A. $129a(a(3 F'ailing to comply with provisions of federal or State statutes or rules governing the practice of the professionn incorporating 2

3 ARREC Rule 4.8 (axl (Before rendering any brokerage services, a brokerage firm must have executed : (1 a \ryritten seller seryice agreement 20. The State re-alleges and incorporates Paragraphs 2 through 19 above. 2t Under ARREC Rule 4.8(a(1, Brokerage Firms must have an executed written seller service agreement before rendering any brokerage services. Paragraphs 4 through 12 above demonstrate that the Respondent Brokerage Firm, through the actions of the Respondent, failed to execute a written seller service agreement before rendering any brokerage services. The act(s, omission(s, and/or circumstance(s described above constitute grounds for d.iscipline because the Respon<lent ar:ld Respr:ndent Brckerage ha' e c,ornmittec unprofessional conduct in violation of 3 V.S.A. $129a(a(3 incorporating ARREC Rule 4.8(a(l. Violation Two: 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, whether actual injury to a client, patient, or customer has occurred. Failure to practice competently includes: (2 failure to conform to the essential standards of acceptable and prevailing practice. 24. The State re-alleges and incorporates Paragraphs 2 through 19 above. 25. The essential standards of acceptable and prevailing practice of Real Estate Brokers require that Brokers obtain the approval and authority of all owners of a piece of property before providing brokerage services The Respondent failed to meet this standard by engaging in the conduct stated in Paragraphs 4 through 12 above. The essential standards of acceptable and prevailing practice of Real Estate Brokers reqrrire that Brokers nbtain the approv z! and auth.ority of al! o. ners <lf a piece of property before changing any terms of the original contract for services. The Respondent failed to meet this standard by engaging in the conducted stated in Paragraphs 14 through 19 above. The act(s, omission(s, and/or circumstance(s described above constitute grounds for discipline because the Respondent has committed unprofessional conduct in violation of 3 V.S.A. $129a(b(2. J h$,\ï

4 Understandings The parties agree that the facts set out above are true and that the Order set out below is appropriate to address the violations found. Respondents understand that the Real Estate Commission must review and accept the terms of the Consent Order. If the Commission rejects any portion, the entire Stipulation and Consent Order shall be null and void. Respondents specifically waive any claims that any disclosures made to the full Commission during its review of this agreement will prejudice their rights to a fair and impartial hearing if this agreement is not accepted by the Commission and later proceeds to a contested hearing before the same panel. Respondents have read and reviewed this entire document and agree that it contains the entire agreement between the parties. Respondents are not under the influence of any drugs or alcohol at the time they sign this Stipulation and Consent Order. Respondents voluntarily enter into this agreement after the opportunity to consult with legal counsel and are not being coerced by anyone into signing this Stipulation and Consent Order. Respondents voluntarily waive their rights to a contested hearing before the Commission and waive any right to appeal from this Stipulation and Consent Order. Respondents agree that the Order set forth below may be entered by the Commission. ORDER Based on the Stipulation above, it is ORDERED AND ADJUDGED as follows: A. B. The Real Estate Commission hereby \ilarns troth the Respondent Broker's and Responrlent Rrokerage Firm's licensas. The Real Estate Commission hereby CONDITIONS both the Respondent Broker's and Respondent Brokerage Firm's licenses as follows: l. Respondent Broker shall complete not fewer than EIGHT (8 hours of continuing-education coursework pre-approved by the Commission or its delegate as reasonably related to the ethics of real estate brokerage and real estate contracts. Such coursework is to be completed within ninety (90 days of the entry of this Order. Coursework taken pursuant to this condition shall not be credited toward other continuing-education requirements. 0s Respondent Broker submit proof of completion of the pre-approved courses to the Enforcement Unit Case Manager. Upon receipt of satisfactory evidence that 4

5 Respondent Broker has satisfied the above condition, the Commission or its designee shall retum the licenses to unencumbered status. C Notwithstanding any provision above, the Respondents must continue to meet all requirements for maintaining a license, license renewal and license reinstatement. D. This Stipulation and Consent Order is a matter of public record and may be reported r' to other licensing authorities as provided in 3 V.S.A. $129(a. E È This Stipulation and Consent Order will remain part of Respondents' licensing files and may be used for purposes of determining sanctions in any future disciplinary matfer. AGREED TO STATE OF VERMONT SECRETARY OF STATE Dated: /o By: C, A.J State Attomey BETH A. MCCULLOUGH RESPONDENT BROKER Dated:7 >. By: Beth A. McCullough HARRINGTON REALTY RESPONDENT BROKERAGE lfated: By: (1 APPROVED AS TO FORM ONLY Harrington Realty GARY D. MCQUESTEN, ESQ. ATTORNEY RESPONDENTS Dated: By: L. (_ D. McQuesten, Esq. APPROVED AND SO ORDERED: VERMONT REAL ESTATE COMMISSION Oifice of Professional Regu lation RECFTVED OcT I 2 2Aß 5 unh '

6 Dated:,o By: tlr Date of Entry: o / 6 STATEOFVERMONT 6 b