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2014 Case Law Update: Key Issues Leading to Commission Discipline

This update examines the prevalent causes of discipline by the commission in 2014, focusing on three major 'No-Nos.' The first significant issue involves trust account problems, where mismanagement or irregularities can lead to serious consequences. The second critical area is the lack of Broker-in-Charge (BIC) supervision, which reflects inadequate oversight of real estate practices and compliance. Understanding these issues is essential for maintaining ethical standards and avoiding disciplinary action.

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2014 Case Law Update: Key Issues Leading to Commission Discipline

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  1. Case law update 2014

    What are the most common causes of discipline by the commission?
  2. The 3 big No-Nos 1.TRUST ACCOUNT PROBLEMS
  3. The 3 big No-Nos 1.TRUST ACCOUNT PROBLEMS 2. LACK OF BIC SUPERVISION
  4. The 3 big No-Nos 1.TRUST ACCOUNT PROBLEMS 2. LACK OF BIC SUPERVISION 3. MISREPRESENTATIONS/OMISSIONS
  5. TRUST ACCOUNT PROBLEMS TAKE MY LICENSE, PLEASE!
  6. The Easiest Trust Account Cases - NSF Checks - Numerous Checks to the broker - The “Confession”
  7. THE TRUST ACCOUNT DEBIT CARD DEBACLE:
  8. Why is a debit card not a good idea?
  9. Why is a debit card not a good idea? - no audit trail or proof of purpose
  10. Why is a debit card not a good idea? - no audit trail or proof of purchase - it’s easier to forget to record the withdrawal than to forget to record a check written while sitting in the office
  11. Why is a debit card not a good idea? - no audit trail or proof of purchase - it’s easier to forget to record the withdrawal than to forget to record a check written while sitting in the office - TEMPTATION
  12. Debit cards lead to questions:

  13. QUESTIONS LIKE…

  14. Why does a broker go to Victoria Secret?
  15. Why does a broker go to Victoria Secret? She’s probably just staging!
  16. You don’t go to a nail salon for staging!
  17. My least favorite TA cases EMBEZZLEMENT!
  18. WHO IS THE EMBEZZLER?
  19. WHO IS THE EMBEZZLER?
  20. The 3 big No-Nos 1.TRUST ACCOUNT PROBLEMS 2. LACK OF BIC SUPERVISION
  21. Rule A.0110: A BIC is responsible for: (1) the retention of current license renewal pocket cards by all brokers employed at the office for which he or she is broker-in-charge; the proper display of licenses at such office…
  22. Rule A.0110: A BIC is responsible for:… (2) the proper notification to the Commission of any change of business address or trade name of the firm and the registration of any assumed business name adopted by the firm for its use;
  23. Rule A.0110: A BIC is responsible for:… (3) the proper conduct of advertising by or in the name of the firm at such office;
  24. Rule A.0110: A BIC is responsible for:… (4) the proper maintenance of the trust or escrow account and records pertaining thereto;
  25. Rule A.0110: A BIC is responsible for:… (5) the proper retention and maintenance of transaction records;
  26. Rule A.0110: A BIC is responsible for:… (6) the proper supervision of provisional brokers …
  27. Rule A.0110: A BIC is responsible for:… (7) the proper supervision of all brokers employed at the office for which he or she is broker-in-charge with respect to adherence to agency agreement and disclosure requirements.

  28. In other words

    Being BIC is more than filling out a form
  29. Recent Cases - The BIC who allowed the provisional broker to handle the “property management side” – active one year suspension - The BIC who allowed the provisional broker to handle the “property management side” leading to a $100,000 TA shortage - revocation the “failure to reconcile” trust account cases ranging - from reprimand to revocation depending on severity and extent of loss
  30. Recent Cases The “Ghost Broker” this person may be last seen filling out the BIC designation Also shows up to collect his or her paycheck

  31. Misrepresentation

  32. What’s a Material Fact? Facts about the property itself. Leaky Roof? Facts relating to the area around the property.Highway Coming? Facts relating to a party’s ability to close. Title Defect? Facts known to be important to a party. Planning a Pool?
  33. Types of Misrepresentation Willful Misrepresentation Negligent Misrepresentation Willful Omission Negligent Omission 5. False Promise
  34. Common Cases
  35. Septic Permit = bedroom count
  36. Highway Disclosure?
  37. Recent Cases x = Revocation
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