Winter 2000

In This Issue

• The New ARELLO President: Philip Lasater
• ARELLO Awards Commission For Total Education and Risk Management Courses
• AREC Welcomes New Commissioner
• Kike Germanos Joins Commission's Education Staff
• Availability of License Law Books
• Instructors' Seminar 2000
• AREEA Chapter Elects 2001 Officers At Annual Meeting
• Real Estate Examination 2001 Dates
• Our Commitments To You And The Public
• Disciplinary Actions Taken
• 2001 Holiday Closings

The New ARELLO President: Philip Lasater

  Philip Lasater, Executive Director of the Alabama Real Estate Commission, is the new president for the Association of Real Estate License Law Officials. Lasater was installed at the annual ARELLO conference held in Salt Lake City, Utah, on October 14-18, 2000. Prior work experiences have included association management, meeting planning, entertainment production and politics. Lasater graduated in 1977 with a Bachelor of Arts degree from Samford University in Birmingham, Alabama. He is a past president of the Capitol City Kiwanis Club, Class XII of Leadership Montgomery, board member of Group Homes (Safe Place) and director with Hospice of Montgomery. He is an active member of Immanuel Presbyterian Church. Lasater's involvement in ARELLO has included serving on nearly every committee, terms on the Board of Directors, and as District vice-president. His hobbies include reading and hiking.

ARELLO is the single resource for assisting real estate regulators in their role, but is most often known for the policies it sets on major real estate issues, model laws and guidelines, and for its leading role in the creation and certification of standards for distance education course delivery. ARELLO comprises real estate regulatory agencies across the globe, which regulate more than two million licensees. ARELLO’s membership includes organizations in the United States and its territories, Canada, Australia, South Africa, Bermuda, Hong Kong, Zimbabwe and the Philippines. ARELLO relies on the expert help of regulator members through committees to set policies and develop programs that both improve regulation and better protect the public.

Congratulations on your election as ARELLO president.

ARELLO Awards Commission For Total Education and Risk Management Courses

Peggy Powell, Pat Anderson, Dr. Leonard  Zumpano

 

The Alabama Real Estate Commission received honors for both its continuing education program and its education efforts in total during the 70^th Annual Conference of the Association of Real Estate License Law Officials (ARELLO).

The ARELLO Education and Standards Committee recognizes on an annual basis outstanding educational programs that contribute to the real estate industry and promote the protection of the public. The awards were presented at the association’s annual Award’s Luncheon during the conference held this year in Salt Lake City, Utah, October 14–18, 2000.

Alabama was recognized for its mandatory continuing education program in risk management for licensees. In doing so, Alabama gained the voluntary cooperation of industry in the use of such consumer protection devices as property disclosure forms. Alabama remains a "caveat emptor" jurisdiction, so seller and broker have limited disclosure requirements in the eyes of the law at this time. The Alabama Real Estate Research and Education Center, Executive Director Leonard V. Zumpano, contracted with Peggy Powell, GRI, CRS, approved instructor and risk management expert to lead the research team and author the course titled "Risk Management: Red Flags and Paper Trails." The Commission assisted in the development of the outline regarding topics.

The Commission was also honored for its effective education program in general in the "overall education program" category. Education Director Pat Anderson, Executive Director Philip Lasater the rest of the staff and members of the Commission were all commended for the quality demonstrated in course development, relevant learning and instructor training. Specifically noted was Alabama’s online system, CePc, for schools to report course completion.

Submissions for ARELLO awards were evaluated on the basis of the following criteria:

1. Program Design – Has a need been identified? Is the program designed to effectively meet clearly identified goals? Is the program timely and current in concept?
2. Program Standards – Have effective methods of quality control been established? Are appropriate instructional/research methods and materials utilized?
3. Innovation - Does the program involve the effective use of innovative technology or methods in instruction, communications or delivery? Was the program creative in its concept?
4. Resources – Does the program make effective and efficient use of available funds, personnel and other resources? Do the benefits justify the costs incurred?
5. Benefit – How did the program benefit the target group? Were the goals of the program realized? How was the effectiveness of the program evaluation?

ARELLO is an international association of real estate regulatory agencies, providing a network of support and a wealth of resources for sitting members of real estate boards, councils and commissions and their staffs. ARELLO members reach around the globe, including Africa, Asia, Australia, Canada, the Caribbean, the Pacific Islands and the United States.

 

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Education Corner
By Pat Anderson, Education Director

    Kike Germanos Joins Commission's Education Staff

Long time license transfer specialist, Kike Germanos, has now joined the Commission’s Education Division. Kike has assisted licensees for many years in the licensing area so she comes to the Education Division with a substantial base of knowledge that will serve her well as she begins working in education rather than licensing. We in Education, Chris Porter, Gloria Ingram and myself are delighted to have Kike on board. As education programs and requirements have increased, we have been in need of some expert assistance that Kike will undoubtedly bring to the division. Licensing Supervisor, Annie Hall  and licensing assistants, Betty Anderson, Marilynn Pressley, and Rose Stephens are available to help licensees with license issuance, transfer and renewal questions.

Instructors' Seminar 2000

Alabama’s real estate educators gathered at the Auburn University Hotel and Conference Center on October 20 for their annual meeting. This year provided many opportunities for networking and professional development. The opening session contained a presentation by Dr. Leonard Zumpano, Director of the Real Estate Research and Education Center at the University of Alabama. Dr. Zumpano reported on his research conducted on EIFS properties and lawsuits which have resulted from the sale of these properties. Dennis LeBlanc from the Research Center demonstrated the License Law on CD-ROM now available for $10.00 from AREREC. Pat Anderson wrapped up the opening session by explaining the new electronic course credit filing system which all instructors must begin using no later than January 1, 2001. Paper certificates of completion will no longer be used.

Morning and afternoon breakout sessions offered several interesting classes. Instructors could choose to hear Kay Evans, CBR, ABR, CRB, GRI from Atlanta who developed a course on Brokerage Management for instructors or Donnis Palmer, instructor and technology trainer from RealtySouth, who kept instructors on the edge of their seats with tips and tricks in Microsoft programs and how to make brochures and flyers. Other choices included exam review with Dr. Larry Fabrey of Applied Measurement Professionals who also gave instructors some good information on computer based testing and Randy McKinney with Realty Executives in Gulf Shores who facilitated a session for instructor idea exchange. Dr. Robert Meyer, ARELLO’s Consultant on Distance Education spoke on the ARELLO Standards, technology and its impact on the future of real estate education while Commission staff gave instructors some hands on training for using CePc – the new electronic filing system for class rosters and course credit.

In the closing session Commission Education Director Pat Anderson updated instructors on new statutes, rules and regulations while General Counsel, Charles Sowell updated the group on the lack of an errors and omissions insurance group policy for this license period. He also gave them an overview of caveat emptor as it applies to the conduct of a licensee in a real estate transaction.

It was a good day enjoyed by presenters, Commission staff and instructors alike. Next year’s seminar is scheduled in Auburn on October 12, 2001.

 

AREEA Chapter Elects 2001 Officers At Annual Meeting

 

The Alabama Chapter of the Real Estate Educators Association held its annual meeting on October 19, 2000, following a great Instructor Development Workshop taught by national speaker and educator, Kay Evans from Atlanta, Georgia. President, Jeri Gray, chaired the chapter meeting. President Gray gave an overview of the Annual REEA conference held in June 2000 and encouraged all REEA members to attend the annual conference to be held in Orlando in June 2001. She then invited Kay Evans from the Georgia REEA Chapter to share ideas about their chapter activities and the success of their chapter. Following was a presentation by Avery Yarbrough after which the chapter voted to hold an educational and training workshop for instructors and brokers in early December. Mr. Yarbrough agreed to coordinate the workshop. AREEA then elected officers for the upcoming year. Congratulations to the following educators who will serve the state chapter as their officers for 2001:

President                                     Jeri Gray
Birmingham

President-Elect                          Fraser Sparkman
Montgomery

Secretary/Treasurer                  Donnis Palmer
Birmingham

Director through 2001              Marcia Norris
Birmingham

Director through 2002              Debbie Coe
Montgomery

Director through 2003              Peggy Powell
Fairhope

Real Estate Examination 2001 Dates

BRIEFLY LEGAL
By Charles R. Sowell, General Counsel

Our Commitments To You And The Public

This is going to be a change from the usual commentary about the fast and sexy world of real estate law. Before you get too disappointed, hear me out. Our workings on the investigative and legal side of the commission office are well known. What you might not know is the way we approach our work. Calls, complaints, and work come at us constantly from all directions. We regularly talk among ourselves about why we are here. We also remind ourselves about the professional attitude necessary to effectively do our work. The following are some horizon markers by which we attempt to steer the boat.

• Consumers are often confused and unhappy by the time they get to us. Their emotions play a role in what they expect from our office. We try to get them to understand what is going on. We also try to diffuse some of their bad feelings about the situation. After all we have to proceed in accordance with the law. There is no place for misplaced emotion on our side.

• Licensees are sometimes defensive or frightened when they get an inquiry from us. We take care to assure them that there is no presumption of wrongdoing. We need to know the facts. Every situation is approached with an open mind, and evaluated as objectively as possible. Formal charges will not be filed without giving the licensees involved every opportunity to explain their side. This is only fair, as we have already gotten an earful from the complainant.

• Common courtesy, civility, manners, and thoughtful diplomacy are still in style here. Nerves can get frazzled on both ends, but we strive to treat everyone with respect. All of us humans have some imperfections.

• All this is our job, and every day will bring more of the same. For an unhappy consumer or an accused licensee, however, it is not an every day thing. We do our best to remember that.

• Finally, we are in the public service business, which is different from business in the private sector. In the real estate business, generally, the harder you work, the more money you make. This is the way it should be. For us, the harder we work, the more work there is to do. That is just the way it is. We have to remember that, too.

Disciplinary Actions Taken
July through November 2000

Name: Craig F. Dyas, Former Qualifying Broker, Fairhope, Alabama
Date of Hearing: July 21, 2000
Disposition: Mr. Dyas was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Phyllis C. Davis, Inactive Salesperson, Fairhope, Alabama
Date of Hearing: July 21, 2000
Disposition: Ms. Davis was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Jennifer Carpenter Evans, Broker, Pike Road, Alabama
Date of Hearing: July 21, 2000
Disposition: Ms. Evans was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Jerrylynn Enterprises, LLC, d.b.a. Realty Executives Hallmark, Realty Executives Centre, and J. Lynn. Kronk, Qualifying Broker, Madison, Alabama
Date of Hearing: July 21, 2000
Disposition: Jerrylynn Enterprises, LLC, d.b.a. Realty Executives Hallmark, Realty Executives Centre, and Ms. Kronk were found guilty and fined $1000 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(8)a. and Section 34-27-36(a)(8)b. by commingling money belonging to others with her own funds and failing to deposit and properly account for at all times money coming into her possession which belonged to others.

Name: Deborah F. Lumpkin, Qualifying Broker, Birmingham, Alabama
Date of Hearing: August 25, 2000
Disposition: Ms. Lumpkin was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Anne Howell, Salesperson, Northport, Alabama
Date of Hearing: August 25, 2000
Disposition: Ms. Howell was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Rebecca B. Harris, Qualifying Broker, Birmingham, Alabama
Date of Hearing: August 25, 2000
Disposition: Ms. Harris was found guilty and fined $250 for violation of the Alabama Real Estate Commission Rule 790-X-3-.01 via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate licensee to change their place of business as set out on their numbered license certificate, and fail to notify the commission in writing within 30 days after the change.

Name: Harry A. King, Qualifying Broker, Fairhope, Alabama
Date of Hearing: August 25, 2000
Disposition: Mr. King was found guilty and license suspended until completion of court obligations for violation of Section 34-27-36(a)(23) Code of Alabama 1975, as amended, for a real estate licensee to a plea of guilty to a felony.

Name: R. W. Smith and Associates, Inc., d.b.a. Coldwell Banker Smith and Associates and Rosalyn W. Smith, Qualifying Broker, Montgomery, Alabama
Date of Hearing: August 25, 2000
Disposition: Ms. Smith and R. W. Smith and Associates, Inc., d.b.a. Coldwell Banker Smith and Associates were reprimanded and fined $1000 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(8)a. and Section 34-27-36(a)(8)b. by commingling money belonging to others with her own funds and failing to deposit and properly account for at all times money coming into her possession which belonged to others.

Name: Gary K. Cooper, Salesperson, Huntsville, Alabama
Date of Hearing: August 25, 2000
Disposition: Mr. Cooper was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Angela Campbell, Inactive Salesperson, Daphne, Alabama
Date of Hearing: September 15, 2000
Disposition: Ms. Campbell was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: T. Lynn Adams, Broker, Birmingham, Alabama
Date of Hearing: September 15, 2000
Disposition: Ms. Adams was found guilty and fined $250 for violation of the Alabama Real Estate Commission Rule 790-X-3-.01 via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate licensee to change their place of business as set out on their numbered license certificate, and fail to notify the commission in writing within 30 days after the change.

Name: Joshua E. Burmeister, Qualifying Broker, Mobile, Alabama
Date of Hearing: September 15, 2000
Disposition: Mr. Burmeister was found guilty and fined $250 for violation of the Alabama Real Estate Commission Rule 790-X-3-.01 via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate licensee to change their place of business as set out on their numbered license certificate, and fail to notify the commission in writing within 30 days after the change.

Name: Ingram D. Tynes, Qualifying Broker, Birmingham, Alabama
Date of Hearing: September 15, 2000
Disposition: Mr. Tynes was found guilty and fined $250 for violation of the Alabama Real Estate Commission Rule 790-X-3-.01 via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate licensee to change their place of business as set out on their numbered license certificate, and fail to notify the commission in writing within 30 days after the change.

Name: Robert A. Downey, Broker, Tallapoosa, Georgia
Date of Hearing: September 15, 2000
Disposition: Mr. Downey was found guilty and fined $250 for violation of the Alabama Real Estate Commission Rule 790-X-3-.01 via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate licensee to change their place of business as set out on their numbered license certificate, and fail to notify the commission in writing within 30 days after the change.

Name: Carol Ann Martinez, Salesperson, Huntsville, Alabama
Date of Hearing: November 3, 2000
Disposition: Ms. Martinez was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Teresa A. Jayne, Salesperson, Clanton, Alabama
Date of Hearing: November 3, 2000
Disposition: Ms. Jayne was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Kimberly Hodges, Salesperson, Huntsville, Alabama
Date of Hearing: November 3, 2000
Disposition: Ms. Hodges was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Mattie M. Bell, Salesperson, Birmingham, Alabama
Date of Hearing: November 3, 2000
Disposition: Ms. Bell was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: James A. Mitchell, Qualifying Broker, Foley, Alabama
Date of Hearing: November 3, 2000
Disposition: Mr. Mitchell was found guilty and fined $100 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Donald R. Sweat, Jr., Salesperson, Pleasant Grove, Alabama
Date of Hearing: November 3, 2000
Disposition: Mr. Sweat was found guilty and fined $100 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Tammy G. Johnson, Qualifying Broker, Birmingham, Alabama
Date of Hearing: November 3, 2000
Disposition: Ms. Johnson was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Fred M. Glaze, Qualifying Broker, Tuscaloosa, Alabama
Date of Hearing: November 3, 2000
Disposition: Mr. Glaze was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Andrew L. Whatley, Salesperson, Phenix City, Alabama
Date of Hearing: November 3, 2000
Disposition: Mr. Whatley was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: Joseph F. Kelly, Inactive Salesperson, Gadsden, Alabama
Date of Hearing: November 3, 2000
Disposition: Mr. Kelly was found guilty and fined $250 for violation of the Code of Alabama 1975, as amended, Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, as payment for a fee or fine, a check which was returned unpaid by the bank upon which it was drawn.

Name: David Birnbrey, Qualifying Broker, Atlanta, Georgia
Date of Hearing: November 3, 2000
Disposition: Mr. Birnbrey was found guilty and fined $100 for violation of the Alabama Real Estate Commission Rule 790-X-3-.01 via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate licensee to change their place of business as set out on their numbered license certificate, and fail to notify the commission in writing within 30 days after the change.

Name: Patrick J. Lavelle, Broker, Columbia, South Carolina
Date of Hearing: November 3, 2000
Disposition: Mr. Lavelle was found guilty and fined $50 for violation of the Alabama Real Estate Commission Rule 790-X-3-.01 via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate licensee to change their place of business as set out on their numbered license certificate, and fail to notify the commission in writing within 30 days after the change.

Name: John R. Meinberg, Broker, Birmingham, Alabama
Date of Hearing: November 3, 2000
Disposition: Mr. Meinberg was found guilty and fined $50 for violation of the Alabama Real Estate Commission Rule 790-X-3-.01 via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate licensee to change their place of business as set out on their numbered license certificate, and fail to notify the commission in writing within 30 days after the change.

Name: Perry C. Fairfax, Broker, Birmingham, Alabama
Date of Hearing: November 3, 2000
Disposition: Mr. Fairfax was found guilty and fined $250 for violation of the Alabama Real Estate Commission Rule 790-X-3-.01 via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate licensee to change their place of business as set out on their numbered license certificate, and fail to notify the commission in writing within 30 days after the change.

Name: William H. Mobley, Broker, Huntsville, Alabama
Date of Hearing: November 3, 2000
Disposition: Mr. Mobley was found guilty and fined $100 for violation of the Alabama Real Estate Commission Rule 790-X-3-.01 via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate licensee to change their place of business as set out on their numbered license certificate, and fail to notify the commission in writing within 30 days after the change.

Name: Thomas M. Marr, Jr., Broker, Orange Beach, Alabama
Date of Hearing: November 3, 2000
Disposition: Mr. Marr was found guilty and reprimanded for violation of the Alabama Real Estate Commission Section 34-27-30(10) Code of Alabama 1975, as amended, via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a real estate qualifying broker to present a real estate branch office and a branch office broker as able to perform license requiring acts by holding open the office after the licenses had lapsed.

Name: Royal Castle Realty, Inc., Bonnie L. Wells, Qualifying Broker, and Dorothy M. Walther, Salesperson, Orange Beach, Alabama
Date of Hearing: November 3, 2000
Disposition: Ms. Wells was found guilty and fined $500 for violation of the Alabama Real Estate Commission Section 34-27-34(a)(2) Code of Alabama 1975, as amended, via Section 34-27-36(a)(19) Code of Alabama 1975, as amended, for a qualifying broker to fail to see that a transaction is free from dishonest acts by a salesperson.  Ms. Walther was found guilty and fined $500 for violation of the Alabama Real Estate CommissionSection 34-27-36(a)(2) Code of Alabama 1975, as amended, for a real estate salesperson to act on behalf of her child in buying or selling property in a dishonest manner.

OTHER ADMINISTRATIVE ACTIONS
Determination for Licensing Eligibility

Approved…………………….……………6
Denied………………………………….….3

COMPLAINTS AND INQUIRIES

Received…….. ...................………….1866

2001 Holiday Closings

 

The Alabama Real Estate Commission will be closed on the following State of Alabama Official State Holidays:

Holiday	Date in 2001
New Year's Day	January 1
Robert E. Lee/Martin Luther King, Jr.	January 15
George Washington/ Thomas Jefferson	February 19
Confederate Memorial Day	April 23
National Memorial Day	May 28
Jefferson Davis	June 4
Independence Day	July 4
Columbus Day/American Indian Heritage Day	October 8
Veterans' Day	November 12
Thanksgiving	November 22
Christmas Day	December 25

Happy Holidays