Arizona Department of Real Estate
Real Estate Commission Bulletin
Volume 2013 • Issue 1
IN FINALIZING THE CALENDAR YEAR 2012 ACCOMPLISHMENTS…WE ARE PROUD TO REPORT:

Judy Lowe
Commissioner
COMMISSIONER’S
CORNER

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3,935
Original Sales/Broker Licenses Issued
28,794
License Renewals (Sales/Broker/Entity)
7,365
Walk-In Customers Served
2,328
New Education Applications Processed
794
Investigation Cases Closed
64
Subdivision Investigation Cases Closed
216
Auditing Cases Closed
29
Regular Public Reports Issued
162
Expedited Public Reports Issued
207
Public Report Amendments Issued
253
Public Report Exemptions Issued
Enforcement Cases Closed
676
Successful Legislative Bills
SB1085: Sponsored by Senator Gail Griffin - continue the ADRE for ten years.
SB1154: Sponsored by Representative John Kavanagh - repealed the
Condominium Recovery Fund.
HB2017: Sponsored by Representative Jack Harper – Allows a Real Estate
Broker licensee to renew as a real estate salesperson by paying the
salesperson’ renewal fee without having to meet the statutory educational
requirements.
HB2195: Sponsored by Representative Jerry Weirs – Specified that a
developer may elect to prepare an amended public report for the use in the
sale of a timeshare plan.
HB2357: Sponsored by Representative Karen Fann – Increased the
continuing education requirement to 30 hrs. for Designated Brokers, Self
Employed Brokers and Associate Brokers with delegated contract review and
initial authority. This bill also revised the content requirements for the
Broker Management Clinic.
HB2855: Sponsored by Representative Kavanagh – Exempted the ADRE
from rulemaking requirements to allow the Commissioner to set fees for the
services provided by the ADRE Education Division.

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Improved the ADRE Website www.azre.gov
Developed & distributed the “Real Estate Licensees-Duties to the Client” brochure
Implemented the Arizona Personnel Reform measures with the ADRE Team of
employees.
Continued streamlining every process to accommodate the philosophy of “Doing
more with fewer team members”.

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And the List goes on… As you can see, 2012 was a very busy year at the Arizona Department
of Real Estate. The ADRE prides itself on constantly improving on the Mission of serving the
Real Estate Industry, and partnering with the Real Estate Industry in protecting the Public in
their real estate transactions. THANKS ADRE TEAM!
BE A PARTNER WITH ADRE

Website Online Features
WWW.AZRE.GOV

ADRE wants your visit to our website to be informative and easy to navigate. The website is constantly a work in
progress as we continue to upgrade our forms, division sections and online features we also are working on
streamlining the visual layout of the site. Take a few minutes to utilize our tools for commonly used functions,
below is a section dedicated to Helpful Hints for Online Services and Message Center.

ONLINE SERVICES Provides Information Lookup and License Management Services
Public Database allows you to search for:
 Individuals’ real estate, cemetery and membership camping license
information, employment history and disciplinary actions
 Entity license information, employees, branch office and disciplinary
actions
 Real Estate schools, courses and instructors approved for continuing
or pre-license education.
 Development Service & Public Reports
Online License System allows current broker & salesperson licensee to:
 Update Home Address, Telephone Number and Email Address
 Manage Continuing Education (CE) and Renew License.
 Print Active License
 Salesperson/Associate Broker sever employment from current broker.
 Salesperson/Associate Broker request to be hired to new broker.
 Broker approval/disapproval of requests to be hired, license renewals
and view status of their employees.
 Broker change business address online.

MESSAGE CENTER Send a message using the Online License System
 Ask a question, file a compliant and submit forms/application to
ADRE.
 The web-based system replaces email for sending messages to
the Department.
 More reliable with the ability to send/receive message and view
message history
WHAT’S NEW….Log online to see!
Online License System has implemented some
new features under Quick Links section:
 Payment Request allows the department to
send payment request for online fees - check
the Alerts area for notifications
 Payment History allows you to view your
payment history, either made in office or
online.

Real Estate Commission Bulletin

Page 2

Inside This Issue
Website Online Features

2

Advertising Guidelines

3

Is Your Business Compliant?

4

Education Update: BMC

5-6

Information Regarding Your License

7

Investigation and Auditing

8

Broker Responsibility

9

Disclosure FAQs

10-11

Honor Roll - Audit Compliance List

9-11

Guest Article: Broker Leadership

12

News In The Department

13

Disciplinary Actions Report

14-25

License Surrender Report

26

Volume 2013 • Issue 1

ADVERTISING...Guidelines To Remember
Real estate licensees are familiar with the mantra, “location, location, location.” It is considered by many to be the
primary consideration relating to real estate.
Arizona Real Estate Advertising Statutes, Rules, and Policies apply to all forms of advertising/media, including, but
not limited to building signage, all signs; including directional/bandit signs, business cards, letterhead stationery,
websites, social media.
The Commissioner may suspend or revoke a license, deny the issuance of a license, issue a letter of concern to a
licensee, issue a provisional license or deny the renewal or the right of renewal of a license if the licensee knowingly
authorized, directed, connived at or aided in the publication, advertisement, distribution or circulation of any
material false or misleading statement or representation concerning the licensee’s business or any land, cemetery
property, subdivision or membership campground or camping contract offered for sale in this or any other state.

A.A.C. R4-28-502 provides, in part:
Can an agent advertise his/her own property?
Licensee advertising his/her own property for sale/lease/exchange must use the term “Owner/Agent” in any
advertisement, as well as disclose his/her status as a salesperson or broker.
Do I need to include all advertising information on the flyer?
Salesperson or broker must ensure all advertising contains accurate claims and representations, and fully states
factual material related to advertised information, agent shall not misrepresent the facts or create misleading
impressions.
Does the employing broker or DBA name need to be on all advertising?
Yes, a licensee shall ensure that all advertising identifies in a clear and prominent manner the Employing
Broker’s legal name or DBA’s legal name contained on the Employing Broker’s license certificate. The franchise
name without the DBA name is unacceptable.
Can a licensee not disclose that they hold a real estate license?
A Licensee acting as an agent shall not advertise property in a manner that implies that no licensee is taking part
in the offer for sale, lease, or exchange. This applies to website homepage and social media advertising as well.
Can a licensee advertise another broker’s listing ?
If an agent wishes to advertise a property on which there is an existing listing agreement, he may advertise the
property only if he/she clearly identifies the listing broker - the listing agent’s permission is not required.
Is property owner’s permission required for placing sign on their property?
Salesperson or broker must secure written consent with property owner for placement of sign on specific
property being offered for sale, lease, rent or exchange, and sign must be promptly removed upon request of
property owner.
What are sign requirements for being part of a franchise company?
Any Broker using a trade name owned by another person on signs displayed at the place of business shall place
the broker’s name, as licensed by the Department on the signs. The Broker shall include the following legend,
“Each (TRADE NAME or FRANCHISE) office is independently owned and operated”

Additionally, Review Advertising Requirements For:
 Fair Housing compliance and use of the Fair Housing logo.
 Compliance with Regulation Z and Truth in Lending laws.

Real Estate Commission Bulletin

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Volume 2013 • Issue 1

Is Your Place of Business Compliant?
Who is responsible for advertising compliance?
Employing Broker shall supervise all advertising for
real estate, cemetery or membership camping
brokerage services R4-28-502(g). Employing Broker
shall review and inspect advertising and marketing by
salespersons, brokers and others. R4-28-1103(A)(5)
Can an agent have more than one real estate
license?
The Department shall not license an Employing
Broker under more than one DBA name, and a person
shall not conduct or promote real estate business
under any name other than the name under which
the person is licensed. R4-28-302(I)
What must the signage for an office include?
A sign must be affixed to the entrance of the place of
business and clearly visible to all who enter. The sign
shall include the name of the broker, the entity or
doing business as (dba) name and designation of the
broker as a real estate, cemetery or membership
camping broker. A.R.S §32-2126 (b)
Do all real estate licenses need to be displayed at
office?
Employing broker license certificate shall be
prominently displayed in the office of the broker and
all other license certificates shall be readily available
upon request. A.R.S §32-2128

Must a home office have signage?
The Department will NOT consider a Broker to be in
violation of the signage requirement under the provision
when the Broker:
1. maintains a home office in the broker’s primary
residence;
2. handles fewer than 3 transactions a year (0,1 or 2);
3. has no real estate related employees (licensed or
unlicensed).
This Broker shall clearly display the Broker’s real estate
license in the home office and comply with all other
applicable statutory and rule requirements to hold a
broker’s license. SPS No. 2005.15
What are requirements for branch offices?
An employing broker having more than one place of
business is required to procure an additional license for
each branch office maintained and each location must
have a branch manager. A.R.S §32-2127.
Commissioner’s Rule A.A.C. R4-28-304 specifies
guidelines for branch offices, designation of authority for
branch office manager and temporary offices.
What qualifies for branch office locations?
 Real Estate activity is conducted from the location,
including but no limited to meeting with clients,
signing transaction documents, etc., or if the location
is advertised as a place of business either by signage
at the location, on business cards and letterhead or in
other advertising.
 Location in which employed agents utilize the
computer, telephone, fax machine, copy machine, etc,
provided.

A.R.S. § 32-2163 provides, in part:
May a broker pay or receive compensation from an
out-of-state broker?
An Arizona licensed broker may pay compensation
to and receive compensation from a broker lawfully
operating in another state.

Can an out-of-state broker advertise without being
licensed in Arizona?
An out-of-state Broker who is not licensed in this state
shall not list, market or advertise in this state real
property located in this state for sale, lease or exchange.

Under what circumstances may an Arizona broker
cooperate with an out-of-state broker who would
otherwise require licensure in Arizona?
An Arizona broker may enter into a written
cooperation agreement with an out-of-state broker,
as delineated in § 32-2163. A salesperson may not
enter into such an agreement.

The offering of real estate brokerage services specified
by §32-2101 for compensation or any other thing of
value pertaining to real property located in this state
through an internet web site constitutes activity that
requires a Broker’s license issued by the Department.
Signs shall not be placed on real property in this state by
an out-of-state Broker.

Real Estate Commission Bulletin

Page 4

Volume 2013 • Issue 1

Education Update: Broker Management Clinic
BMC is the acronym for the mandatory Broker Management Clinic (BMC), which is now a 9 hour continuing education
course requirement effective January 1, 2013, consisting of three distinct three (3) hour courses in each of the three
subject areas: Statutes and Rules, Broker Policies and Broker Supervision. In 2012, the Arizona State Legislature
amended law A.R.S. § 32-2136 (Broker Management Clinics).
A BMC course may include/emphasize a specific real estate discipline, or disciplines, such as residential resale,
business brokerage, property management, timeshares, commercial real estate, and new home sales. Licensees may
take the three BMC classes in any order and from any combination of approved schools within any discipline, however
all three courses must be completed.
As shown below, the three subject areas consist of pertinent content that is invaluable for today’s real estate brokers
and the licensees they supervise:

Broker Management Clinic #1
(Statutes and Rules)
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Record Keeping Requirements
Trust Fund Accounts
Advertising and Promotions
Employment Agreements
Contracts
Fiduciary Duties
Material Disclosures
Department Investigations
Department Audits
Other Related Statues and Rules

Broker Management Clinic #2
(Broker Policies)
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Broker Policy Development
Establishment of Broker Policies
(A.A.C. R4-28-1103)
Practical Application Enforcing
Policies
Emphasis on those policies
which ADRE has identified as
common complaints/violations
to avoid

Broker Management Clinic #3
(Broker Supervision)
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Broker Risk Management
Broker Supervision
Broker Responsibilities/Legal
Obligations
Other Related Topics

Quick Reference Table for Broker Licensees & Applicants
New BMC Continuing Education (CE)
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Original Brokers - prior to application
New Delegated Associate Brokers* – prior to application (including written authorization appointment)
Delegated Associate Brokers* – require the BMC and a total of 30 CE hours prior to renewal **
New or Current Designated Brokers/Self Employed Brokers - prior to any status change application
Designated Brokers/Self Employed Brokers – require the BMC and a total of 30 CE hours prior to renewal**

* A Delegated Associate Broker is an Associate Broker who is delegated the written authority to act on the
Designated Broker’s behalf to review and initial contracts or similar instruments pursuant to A.R.S §32-2151.01(G).
** For renewal filed after December 31, 2012, the old 3-hour BMC course may be eligible in lieu of the new 9-hour
BMC courses within the licensees current license period provided the course is completed prior to January 1, 2013.
For more information about the new BMC visit the ADRE website at www.azre.gov to view:
 ADRE’s Education public database to locate the new live BMC course events and online/distance learning
courses under the subject area course criteria search field
 Frequently asked questions regarding BMC continuing education
 Substantive Policy Statement No. 2012.01 – Broker Management Clinic Course/Instructor Requirements.

Real Estate Commission Bulletin

Page 5

Volume 2013 • Issue 1

Education Update
Average Passing Percentages for “First Time Exam Takers”
EXAM TYPE

January 1, 2012 - February 28, 2013

Real Estate Broker

71%

Real Estate Salesperson

68%

Cemetery Broker

67%

Cemetery Salesperson

77%

Membership Campground Broker
Membership Campground
Salesperson

N/A
92%

Total Number of Licensees (Individual and Entity) as of March 1, 2013
86,448
Active Continuing Education (CE) Courses as of March 22, 2013
Live CE (Approximately )

2,780

Distance Learning CE

380

ADRE Licensee Online CE Course Submissions January 1, 2012 through
February 28, 2013
Total courses entered

240,942

Distance Learning

117,038

Percentage Distance Learning

48%

Commissioner Judy Lowe extends her sincere gratitude to the legislative group, the Real Estate Advisory
Board and the Broker Management Clinic Stakeholder Committee for their time and work with the new
legislation related to the BMC. This multi-talented group of professionals exemplifies their support of
ADRE’s mission to increase the knowledge level and raise the bar, through education of the real estate
licensee.
These groups also recognized the important obligation to promoting professionalism and consumer
protection! Those participants are as follows:
Marti Barnewolt
Carla Bowen
Charles Bowles

Barbara Freestone
C. Dale Hillard
Jim Hogan

Edwin Ricketts (Co-chair)
Jo Ann Sabbagh
Jim Sexton

Kimberly Clifton

Kim Horn

Patti Shaw

Cecil Daniels

Mike Moloney

James Tsighis (Co-chair)

Frank Dickens
Holly Eslinger

Ronald Moore
Heidi Quigley

Ann White
Dennis Wilenchik

Real Estate Commission Bulletin

Page 6

Volume 2013 • Issue 1

Important Information Regarding Your License
ADRE receives an average of 7,000 calls per month and 750 monthly inquiries to the Message Center, help us
help you by maintaining your real estate license and personal information utilizing our Online License System.
Each year we receive hundreds of returned mail and undeliverable e-mails. This often results in late fines and
penalties since licensees are not receiving notifications or courtesy reminders.
In accordance with the Commissioner’s Rules, all licensees are required to notify ADRE with any and all changes
within 10 days, including address, phone number and email address. Please go to the online licensing system to
check your personal information & update accordingly.

What if I do not know my license number?
The license number can be found in the “Public
Database.” This link is located in the Online Services
Tab or login page of Online License System. Type in
first and last name and click “Search” for the license
number to appear.
Will I receive a renewal notice?
Courtesy email reminders are sent 90, 60 & 30 days
before the expiration date. Verify email address is
correct on the Online License System.
When does my license expire?
 The expiration date is on the license certificate
(When licensed on “active status” and employed by
a Broker)
 The information is also available anytime on the
ADRE Public Database or through the Online
Licensing System

My license status is showing inactive or expired even
though I renewed?
When a complete renewal application is not submitted
prior to the license expiration date, the license expires
and the licensee is severed from the Broker.
 When license is inactive/expired, the licensee is no
longer licensed to conduct real estate business.
 Licensee cannot be hired by a broker and licensed
on “active status” until the department has
processed the late-filed application and the broker
accepted the pending request to be “hired on”
What are the renewal requirements?
Individual licenses are renewed for 2 years from
expiration date and required to complete:
 24 hours Continuing Education (CE) OR 30 hours
for Designated Brokers, Self-Employed Brokers and
Delegated Associate Brokers.
 Disciplinary Action Questionnaire Form
(LI- 214/244)
 Disclosure of any criminal, civil or disciplinary
issues within 10 days of conviction
 Pay the Renewal Fee (refer to fee schedule)

VALID license and is actively employed under a broker

Eligible to renew:
Online, office, or by mail

VALID license and not currently employed under a broker. Inactive
status is allowed indefinitely as long as renewal requirements are
satisfied.

Eligible to renew:
Online, office, or by mail

INVALID license, eligible to renew up to 1 year past expiration date
(grace period) to remain a licensee.

Eligible to renew:
Online, office, or by mail

INVALID license and has exceeded 1 year of expiration
 Pre-licensure education completed within ten years timeframe:
Recertification of education from school or ADRE, retake and
pass State & National exams, contract writing certificate and FCC.
 Pre-licensure education completed more than ten years ago:
Retake education/testing and complete entire salesperson
application process.

NOT Eligible to renew

Some provisional licensee’s CANNOT renew online and must submit a paper renewal. Also, some
provisional licensee’s must have approval from Enforcement and Compliance Officer before they
can submit renewal forms or supporting documentation to ADRE for renewal.
Real Estate Commission Bulletin

Page 7

Volume 2013 • Issue 1

Investigation & Auditing
Investigation & Auditing Divisions are NO longer receiving incoming calls please utilize the Message Center
to ask a question, file a complaint and / or inquiry about information on existing compliant

Property Management Quiz
1. A tenant’s security deposits belong to the:
landlord
tenant
2. The tenant security deposits may be used to pay the landlord’s expenses:
Yes
No
3. The broker’s trust account(s) should be reconciled and balanced to the client ledger(s):
monthly
bi-monthly
on a quarterly basis
4. Compensation to licensees may be paid directly from the trust account.
Yes
No
5. If the property management agreement states the tenant deposits are being held in the broker trust account
OR by the owner, the lease must state the same.
Yes
No
Answers:
1. The tenant’s security deposits belong to the tenant until such time as they fail to perform.
2. No, the tenant’s security deposits may not be used to pay the landlord’s expenses.
3. The trust accounts must be reconciled and balanced to the client ledgers on a monthly basis
and copies of the account reconciliations should be maintained by the broker.
4. No, all monies owed to the property management broker should be transferred from the trust
account to the broker’s business operating account and compensation paid from that account.
5. Yes, the property management agreement and the residential lease must clearly identify the
party holding the tenant deposits and must in accord.

Is a Broker Price Opinion a Real Estate Activity?

Brokers Must Retain Proof of Rejected Offers

An opinion of market value may be provided only by a
licensed appraiser OR a real estate licensee;
therefore, a Broker Price Opinion is a real estate
activity that a real estate licensee may conduct only
on behalf of the licensee’s employing broker. Any
and all compensation for performing Broker Price
Opinions must be paid through the employing broker.
In addition, the broker is required to maintain copies
of the broker price opinions issued as part of their
broker records.

The Broker (Listing and Selling) shall retain an original,
a copy or microfilm copy of any document evidencing a
rejected offer to purchase real property as a matter of
record for at least one year. In instances that result in
binding contracts, the broker shall retain prior rejected
offers for at least five years. ARS §31.2151.01(I)
** Licensees - Remember to turn rejected offers into
the Broker.

ADRE Audit Findings

What is “Unlicensed Real Estate Activity”?

1-1-12 to 12-31-12
Referred to A.G.’s Office

4

Pending E & C

9

Closed - In Compliance

43

Close - Letter of Concern

6

Closed - Other

4

Total Deficiencies

32

Real Estate Commission Bulletin

 A licensee conducting real estate activity while
their license is Inactive, Expired or Terminated.
 A licensed salesperson or associate broker
conducting real estate activity in the name of an
entity other their employing broker.
 An unlicensed person conducting real estate
activity on behalf of another party.
 Bidding Service
 Unlicensed Assistant

Page 8

Volume 2013 • Issue 1

Designated / Employing Broker’s Responsibility
Monitor ADRE’s Broker online homepage for alerts and pending
action items frequently.
 General Licensing Supervisory Responsibilities ensure all
licensees under the broker's supervision are current in the
following:
 Continuing Education (CE)
 Legal Presence
 License Status
 Renewal Dates

Brokers in Substantive Compliance
Audit Honor Roll

Make your agents aware that they are responsible for managing their
online license account and verify their personal information is updated

Campos, Joe, BR557184000
Juan Joseph Real Estate, LLC
DBA: Copper Ridge Realty

How do I request or register a name for my Team?
Team names are no longer regulated by the Department. The rule
(R4-28-501 - Regulating Teams) was repealed in March 2005. Team
members are still responsible for the accuracy of all advertising,
including meeting all the requirements of R4-28-502, as well as,
displaying the employing Broker's name in Team ads, with the
Broker’s name consistent in size with the Team name - see pages 3
& 4 of bulletin for reference

1-1-12 to 12-31-12
Badura, John, BR514691000
Noblewest Properties, LLC
Brandsey, Donna, BR047282000
Management Masters, Inc.

Casson, Charles, BR009151000
DBA: Century 21 Highland Realty Co
Centner, Gerald Jr., BR540392000
Red Hawk Realty, LLC
DBA: Red Hawk Realty & Property Management
Dagon, Michael, BR005123000
Mohave Realty, Inc.
DBA: Mohave Realty

May a broker pay compensation to a real estate team?
A broker may pay compensation only to ACTIVE status licensees for
the performance of real estate activity. The broker may pay
compensation to a licensee as a natural person OR through a
registered professional corporation (PC) or professional limited
liability corporation (PLC). A.R.S. § 32-2155(A)
 The PLC / PC shall consist of only the full or last name (s) of its
member (s) and shall reflect whether it comprises of one or
more licensees. (single or plural as in John Smith, P.C. or Smith
& Smith, P.C.)
 A PLC or PC shall not have a fictitious name or DBA pursuant to
R4-28-303.

Dickinson, Deems, BR005190000
Russ Lyon
DBA: Russ Lyon Sotheby’s International Realty

May an unlicensed assistant or other unlicensed employees be a
member of a real estate team and be paid by the broker as a
member of the team?
No. Only active real estate licensees may be a member of a real
estate team. Unlicensed assistants and other unlicensed
employees receive compensation based on their work, unrelated to
the success of a transaction. If an unlicensed assistant is paid on
any basis that relies on the ultimate sale of a property, then the
assistant must be licensed. (SPS No. 2005.04)

Haeussler, Judy, BR009164000
H & H Management, Inc.

Can more than two licensees be registered on PC/PLC?
 The same Employing Broker must employ a PC or PLC that
comprises more than two persons, or comprises two persons
who are not married to each other.
 Two licensees who are married to each other and licensed
through a PC or PLC are not required to be employed by the
same employing brokers, even though the PC or PLC receives
compensation from the other member's broker.

Duckett, Bruce, BR537621000
Duckett Realty, LLC
DBA: Duckett Management & Real Estate
Edmondson, Sherry, BR114757000
Gold Canyon Management, Inc.
Freeland, Joel, BR007083000
Anza De Tubac, LLC

Herrera, Sophia, BR571489000
North West Property Management & Realty LLC
DBA: North West Property Management & Realty
Hunt, Robert Jr., BR042991000
Three - Quarter Time, Inc.
DBA: Property Watch
Hunter, Betty A., BR003015000
Betty Hunter, Inc. Realtor
Jennings, Elizabeth, BR578594000
Magnum Opus Property Management, LLC
Jennings, Kevin, BR533409000
Magnum Opus Realty, LLC

Continue on Page 10
Real Estate Commission Bulletin

Page 9

Volume 2013 • Issue 1

Disclosure FAQs
Brokers in Substantive Compliance
Audit Honor Roll
1-1-12 to 12-31-12
Kitchin, Peggy, BR506107000
A+ Property Management Services, LLC
Kozell, Terry B., BR026436000
Kozell, Inc.
DBA: Action Property Management
Loo, Shirley, BR006035000
Mesa Del Sol Realty, Ltd.
Madril, Isabel, BR008486000
DBA: Property Managers of Rio Rico
Maliva, Jerry, BR041757000
DBA: Renting Arizona Real Estate Services
Mara, Mark, BR535397000
PropertyAZ, LLC
DBA: PropertyAZ
Marceau, Luc Paul, BR544954000
Marceau Real Estate, LLC
DBA: Rentals America
McBride, Howard, BR040645000
Dallas Real Estate, Inc.
McKinney, Rosetta, BR047660000
R & C Real Estate Investments, LLC
Mullaney, Johnathan, BR512154000
Village Land Shoppe, Inc.
DBA: Village Land Shoppe
Novotny, W. Michael, BR006090000
Arrowpoint Realty, Inc.
Odle, John T., BR045029000
T & L Property Management & Sales, LLC
Ordean, Kathryn, BR046433000
Sedona Rentals & Property Management, Inc.
DBA: Sedona Rentals & Property Management
Oster, Christopher, BR528928000
Visionary Properties Realty, LLC
DBA: Visionary Properties
Phelps, Alan, BR567615000
Prime West Real Estate, LLC
Preciado, Al, BR035378000
Precision Real Estate, Inc.
DBA: Precision Real Estate

Visit our website www.azre.gov under Licensing FAQs/Disclosures
What if I have been convicted of a misdemeanor, felony or
have an adverse judgment or disciplinary action?
A written disclosure of a criminal conviction, an adverse judgment or
disciplinary action against a professional license must be submitted to
the Department in writing within 10 business days of the conviction
with required documentation. Arrests need not be reported.
Download & review Disciplinary Action Disclosure (LI-214/LI-244)
and the Disclosure Document Checklist (LI-400) from the Forms/
Publication/Licensing area of our web site at: www.AZRE.gov
I was cited last week for DUI; do I need to disclose this
incident?
No disclosure is required at the time of arrest. Written notice is
required within 10 days of the sentencing/conviction. Even if you
notify ADRE at time of arrest, the department will not consider this a
disclosure until a written notice is delivered within the 10 day time
frame.
When do I make my disclosure?
In accordance with the Commissioner’s Rule R4-28-303(D)
“a salesperson or broker shall notify the Department in writing within 10
days of any changes in the individual’s personal information or
qualifications”.
How do I make the initial disclosure?
You are required under the Commissioner’s Rule R4-28-303(D)(1) to
submit a written statement within ten days of the sentencing/
conviction. The statement must include but not limited to details
surrounding the events leading to the conviction such as arresting
agency, date of incident, what court you attended, date of sentencing,
outcome such as final plea, date of plea and sentencing.
After making my initial written disclosure to ADRE, what is
the next step?
A disclosure package will be sent by ADRE via certified mail. The
package will include a letter with detailed time frames in which
documents must be turned in. The package also includes an
Disclosure Document Checklist (LI-400). As a courtesy, you will be
sent a DPS Fingerprint Clearance Card application. For further
information on obtaining a new Fingerprint Clearance Card, contact
DPS directly.
I have some of the documents in order for the LI-400; can I
submit them now and the rest at a later time?
No, all documents MUST be complete with the Disclosure Document
Checklist (LI-400) and submitted as a complete package. Incomplete
submittals will be returned unprocessed.
Continue on Page 11

Continue on Page 11
Real Estate Commission Bulletin

Page 10

Volume 2013 • Issue 1

Disclosure FAQs
What if I need more time to complete the disclosure
requirements?
Required documents are expected to be submitted to ADRE prior to
the required deadline dates. A one-time ten day extension may be
granted by contacting the ADRE disclosure specialist.
What is a certified court document?
A certified copy is a copy (often a photocopy) of a primary document
that has an endorsement or certificate that validates as a true copy of
the primary document. It is usually affixed with a raised seal or stamp.
When certified copies are stapled, DO NOT REMOVE THE
STAPLES it nullifies the certification and a new set will be required
If I have documents from the court that were given to me at
the time of conviction, can I submit them?
Only if they are certified copies of the court records.
What document do I ask for when contacting the court?
Each court system is different and has different forms. What ADRE is
interested in and considers when reviewing are the details of the
conviction and sentencing, such as dates the sentencing was given and
what fines, jail time, community service etc.
I was convicted eight months ago and did not know I needed
to disclose, can I have my case expedited?
This is considered a “Late Disclosure”. Notify the Department in
writing as soon as possible so that the disclosure process can begin.
The Department handles all cases on an “as received” priority. The
Department is held to an administrative standard to treat all cases
equally. A “Late Disclosure” is subject to disciplinary actions by the
Department.

Brokers in Substantive Compliance
Audit Honor Roll
1-1-12 to 12-31-12
Raouf, Payam, BR567996000
Mom N Pop’s Realty, LLC
DBA: Arizona Property Management & Investments
Roersma, Jacqueline, BR042506000
Phantom Realty, Inc.
DBA: Phantom Realty
Schnelle, Ralph, BR578452000
Southwestern Realty, LLC
DBA: Southwestern Realty
Seward, Phillip, BR012371000
DBA: Personalized Realty Services
Shantz, Alberta, BR040851000
DBA: Alberta Shantz Realty
Smith, Garland F., BR104078000
DBA: Rio Verde Realty
Suarez, Lisa A., BR007932000
EMS Realty, Inc
Swann, Gregory, BR527304000
Bloodhoundrealty.com, LLC
DBA: Bloodhoundrealty.com
Toppenberg, June, BR019422000
Desert Wide Properties, Inc.
Vargo, Steven, BR009021000
MCO Realty, Inc.
DBA: MCO Realty
Warren, Paul, BR007391000
Commercial Management & Investments, Inc


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

Network and engage with peers on your topic of interest
Gain a better understanding of the Arizona - Mexico relationship
Be a part of the conversations that influence policy
To register or for more information visit

www.azmc.org
Real Estate Commission Bulletin

Page 11

Volume 2013 • Issue 1

Broker Leadership / Broker Management
How does a Designated Broker assure that the licensees under his or her license conform to
commissioners rules, the code of ethics, and the highest levels of professionalism? As REALTORS
and as Designated Brokers, we are dedicated and legally responsible to manage the professional
behaviors of those licensees in our employ.

By: John Foltz
Lawyers Title

REALTORS have a responsibility to monitor their own and each other's behaviors and report
known violations to the Department of Real Estate or to the Association of REALTORS ethics
committee, as appropriate. This technique of management, reporting and potential punishment
is an important part of the solution in a remedial way. However, REALTORS tend to resist putting
each other in the "line of fire" of the disciplinary authorities. So, broker managers and owners
continue to experience negative impact on reputation and on their levels of liability due to
unrestrained or unknown individual agent behaviors.

Beyond Broker Management, Broker Leadership is required to lead the way to best practices and highest
standards. Leadership is pro-active and positive rather than reactive and punitive. Leadership is all about impacting
the behavior of others in advance of any potential violations.
To lead toward best practices and highest standards, brokers and owners must first look inside themselves to
discover just what they bring forward as their own personal standards and practices. This value system should be
shared frequently with those persons who are a part of the company as part of the company's "culture." This is what
we stand for. Brokers have the responsibility to not only have standards but to announce them.
But even standards that are announced have little impact unless there is a follow through with action. Those who
most positively exemplify the standards of the firm and the industry should be rewarded with recognition. More
importantly, and perhaps with more difficulty, those persons who do not behave in alliance with the company
standards should be encouraged to change behaviors or ultimately be asked to leave. When the balance of the
company witnesses that standards are not only announced but have meaning they will adjust their own behaviors
accordingly. Influencing the behaviors of others is the essence of leadership.
When a REALTOR is eliminated from one company because of their behaviors, they commonly just simply move
across the street and join a different company. Because we have a collective responsibility to elevate not only our
own companies but also the industry, it is important that we communicate with each other about the bad behavior of
those who reflect poorly on all of us. So, when asked about why this REALTOR moved from your company it would be
important to convey that they were relieved because of behaviors that did not fit with your company's values
system. Let's be cautious and responsible about not violating any employment laws or maligning others, but a simple "I would not rehire" may be an effective way to communicate.
Your company can establish and announce a common set of values and behaviors of which they are proud as a
group. The ultimate desire would be to have this culture permeate other companies as well and impact the level of
professionalism in the industry. In this culture, some behaviors are desirable, while others are unacceptable. The
Arizona Department of Real Estate and the Association's Code of Ethics are still there as enforcement mechanisms
when needed, but positive leadership can reduce that need.
When a culture based upon high levels of professionalism, best practices, and high standards is established,
everyone in the company benefits with increased pride, loyalty, and service to the public. The inevitable by-product
is greater value delivered to the client. We are just more helpful.
As, as my dear Mom would say, "Success is a By-Product of Helping Others."
Best practices ... Highest Standards ... More Helpful .. Greater Success

Editor Note: Guest column articles do not reflect the policies or interpretations of law by the Arizona Department of
Real Estate. They are meant to inform the public and provide variety to ADRE’s Bulletin.
Real Estate Commission Bulletin

Page 12

Volume 2013 • Issue 1

News from the Department
It is with sadness and fondness that we announce the retirement of two veterans employees, Diane Paulson
and Diane Ortega. They have been invaluable in the operations of our licensing division and facilitated positive
relationships with the public, agents and brokers.
Thank you for all your years of services to the department, we wish you both all the best and happy that you
finally get the vacation you have truly deserve.

Diane Ortega retired after 30 years of
service. During her time with the ADRE
she has created lasting relationships with
many friends and she will be dearly
missed.

Diane Paulson has been with ADRE for 35
years. Her contribution and rich experience
has been instrumental in the tremendous
progress of the licensing division. Her
leadership, humorous demeanor and
tireless energy will be missed.

DIALOG
The Periodic Bulletin from the
Arizona Department of Real
Estate
An official publication of the State
of Arizona
JANICE K. BREWER
Governor
Judy Lowe
Commissioner
Note: Please check your mailing label and if the date above your name is
more than 1 year old, you must subscribe for another year. Send check
for $20 payable to ADRE and note your request on your envelope

The ADRE Mission
The purpose of the department is to protect the
public interest through licensure and regulation
of the real estate profession

Real Estate Commission Bulletin

Page 13

Sarah Dobbins
Chief of Staff
Real Estate Advisory Board
Kimberly Horn, Chair
Kim Clifton, Vice- Chair
Charles Bowles
Carla Bowen
Frank Dickens
Bill Gray
Scott Peterson
Jo Ann Sabbagh
Dennis Wilenchik

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
ABBREVIATIONS USED IN DISCIPLINARY ACTIONS

Name

CP= Civil Penalty

CE= Continuing Ed

PL= Provisional License

J&S= Joint & Severally

PM– Practice Monitor

BA= Broker Acknowledgement

Brokerage

Location

Summary

Order

Prescott

Conducted unlicensed real estate activity.

$2,500.00 CP J&S

Out of State

Unlicensed real estate activity.

Cease and Desist

Phoenix

Failed to timely disclose a December 2010
misdemeanor conviction.

$750.00 CP

Bouse

Working in concert, divided and conveyed land
parcels in La Paz County without complying
with applicable subdivision statutes and rules.

$1,500 CP, Cooperate
with Department and La
Paz County, Affidavits of
Disclosure, vacate Cease
and Desist.

Tucson

Audit violations; trust account shortage.
Failure to respond to Department requests for
information and documentation.
Failure to supervise.

Cease and Desist
Revocation of License

Gilbert

Audit violations; trust account shortage.

Cease and Desist.

Self Employed
Broker

Phoenix

Failed to disclose an April 2008 misdemeanor
conviction when applying for a license renewal
in 2008.

$1,000 CP, 2 yr PL, 9 hr
CE in Commissioner
Standards.

Michael T Asher

Expired

Scottsdale

Failed to disclose actions by the Appraisal
Board and Indiana Appraisal Board.

License renewal denied,
$2,000.00 CP

Jessica Balgoyen

Expired

Phoenix

Failed to timely disclose a June 2010
misdemeanor conviction.

$400.00 CP

Dianne Barker

Inactive

Phoenix

Failed to timely disclose a misdemeanor
conviction for DUI, failed to provide
documentation as requested by Department .

$200.00 CP

Retail Property
Management LLC

Scottsdale

Multiple judgments involving real estate
transactions.

Revocation of License
(default)

Sabrina Becerra

Expired

Phoenix

Failed to disclose an April 2011 misdemeanor
conviction when applying for licensure.

$750.00 CP

Janice "Jan" Belt

Narex Inc

Phoenix

Failed to complete CE in a timely manner.

$300.00 CP, complete CE
in 30 days

Suspended

Scottsdale

June 2012 felony conviction for
Misprision of a Felony.

Revocation of License.

A1 Property
Management LLC
Accounting Practice
Sales
Carlos S Alcantara

Expired

Gene Allen

Cassandra Leigh
Arnold

Rathbun Property
Management Inc

Arrowhead Property
Management LLC

David Arthur

Ron Nathan
Barness

Anke Bernin-Bernal

Real Estate Commission Bulletin

Page 14

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name
John Bezik

Stephen M Bisnett

Brokerage

Location

Summary

Order

Inactive

Scottsdale

Conducted real estate activity through an
unlicensed entity.

$3,000.00 CP,
2 yr PL/PM, 6 hr CE in
Commissioner Standards

King Brothers
Real Estate

Tempe

Failed to complete CE in a timely manner.

Revocation of License
(default), $1,000.00 CP

Impero Property
Management

Phoenix

Audit violations.

$2,000 CP, 2 yr PL, 6 hr
CE in Commissioner
Standards, quarterly
review of records.

Karon Marie Black

Inactive

Gilbert

September 2012 felony conviction for Theft.

Summary Suspension of
license.

Craig Blades

Inactive

Chandler

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)
$700.00 CP

Thomas Brewster

AZ North

Flagstaff

Failed to timely disclose a November 2011
misdemeanor conviction.

$750.00 CP

Stanley Brimley

Inactive

Mesa

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)

Phoenix

Unlicensed real estate activity.

$38,000 CP J&S

Expired

Pinetop

Engaged in unlicensed activity
for 1+ months.

$400.00 CP

Arrowhead Property
Management LLC

Gilbert

Audit violations; trust account shortage.

Cease and Desist.

Sedona

Unlicensed real estate activity.

Cease and Desist

Douglas Wayne
Bjotvedt

Brothers Marketing
LLC
Ruth E Brown

Phyllis A Burgess
Bye Bye Timeshare
LLC
J Ronald Byrum

Expired

Surprise

Failed to timely disclose a January 2012
misdemeanor conviction.

$400.00 CP

Janet E Caldwell

Powerhouse
Realty Inc

Scottsdale

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)

Camelot's Quest
Realty LLC

Camelot's Quest
Realty

Casa
Grande

Continued trust account shortages,
misleading statements, violation of
Commissioner's Order (Consent Order for
12F-DI-195)

Revocation of License,
$6,000 CP J&S.

Model Home Center

Tempe

Failed to disclose title report problems
to a client.

$1,000.00 CP, 6 hr CE in
Commissioner Standards.

Expired

Tucson

Failed to timely disclose a May 2010
misdemeanor conviction.

$750.00 CP

Angela Y Cartagena

Henry Castro

Real Estate Commission Bulletin

Page 15

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name

Brokerage

Location

Summary

Order

Premier Realty
Homes & Land

Glendale

Failed to timely disclose an April 2012
misdemeanor conviction.

$400.00 CP

Expired

Phoenix

Failed to timely disclose a January 2006
misdemeanor conviction.

$750.00 CP

Philip Chiaravalle

Inactive

Queen
Creek

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Thomas L Clark

Inactive

Phoenix

Received compensation from other than
employing broker.

$2,000.00 CP, 6 hr CE in
Commissioner Standards.

Maria Clerici

Real Property
Management
Tucson LLC

Tucson

Engaged in unlicensed activity for 1+ months.

$400.00 CP

Jeffrey Bruce Cohen

Self-Employed
Broker

Mesa

Multiple violations, including incomplete
records, misrepresentation, violation of
previous Consent Order.

Revocation of License,
$21,000 CP.

Oscar Colato

Expired

Phoenix

Failed to timely disclose a June 2009
misdemeanor conviction.

$750.00 CP

Sean Cooke

Inactive

Mesa

Failed to timely disclose a January 2012
misdemeanor conviction.

$400.00 CP

DPR Realty LLC

Glendale

Failed to timely disclose a November 2012
disciplinary action by the Board Of Examiners
of Nursing Care Institution Administrators and
Assisted Living Facility Managers.

$400.00 CP

Expired

Phoenix

Failed to timely disclose a May 2011
misdemeanor conviction.

$750.00 CP

R. Carl Cunningham

J&J Commercial
Properties Inc

Tempe

Failed to timely disclose a February 2012
misdemeanor conviction.

$400.00 CP

Elizabeth K Davies

Nu-Way Realty

Phoenix

Failed to complete CE in a timely manner.

$300.00 CP, complete CE
in 30 days

Expired

Gilbert

Failed to timely disclose an October 2011
misdemeanor conviction.

$400.00 CP

Out of State

Conducted unlicensed real estates services.

Realty
Executives

Scottsdale

Misrepresentation to client regarding
payment of items removed from house.

$2,000.00 CP, 6 hr CE in
Commissioner Standards

Melissa Dus

Expired

Phoenix

Failed to timely disclose an August 2010
misdemeanor conviction.

$750.00 CP

Monty Kent Dyke

Inactive

Queen
Creek

February 2012 felony conviction for Theft.

Revocation of License
(default). $3,000 CP

Diane Cetwinski
Todd Chester

Theresa Crisostomo

Jeanne Croft

Jason Diruzza

Cease and Desist.

Dominion Storage
Group Inc
dba Platinum
Storage Group
Steve Dubinka

$700.00 CP.
Revocation of License
(default)

Real Estate Commission Bulletin

Page 16

$1,500.00 CP J&S, vacate
Cease and Desist Order

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name

Mary Ann Ead

Brokerage

Self Employed
Broker

Location

Summary

Order

Douglas

Audit violations.

$2,000 CP, 2 yr PL, 6 hr CE
in Commissioner Standards,
make trust accounts whole,
quarterly review of records,
terminated client final
accounting.

Out of State

Conducted unlicensed
real estate services.

Cease and Desist.
Daniel Joseph Elefante

$1,500.00 CP J&S, vacate
Cease and Desist Order

Dawn A Evans

Nu-Way Realty

Phoenix

Failed to complete CE in a timely manner.

$300.00 CP, complete CE in
30 days

Richard E Ferris

Collins Realty

Glendale

Failed to complete CE in a timely manner.
Failed to respond to Department Notice
of Hearing.

Revocation of License
(default)

Phillip Fileccia

Expired

Tucson

Failed to timely disclose a February 2011
misdemeanor conviction.

$750.00 CP

Dennis Fiorello

Expired

Scottsdale

Failed to timely disclose a March 2011
misdemeanor conviction.

$750.00 CP

Shelley Flanagan

Expired

Peoria

Failed to timely disclose a March 2012
misdemeanor conviction.

$750.00 CP

Ryan Francisco

Expired

Phoenix

Failed to timely disclose an October 2008
misdemeanor conviction.

$750.00 CP

Tucson

Audit violations; trust account shortage.
Failure to respond to Department
requests for information and
documentation. Failure to supervise.

Cease and Desist

Tucson

Audit violations; trust account shortage.
Failure to respond to Department
requests for documentation.

Scottsdale

Actions of Respondent jeopardized and
delayed the finalizing of a real estate
transaction.

G&G Realty

Gateway West Realty Inc
dba Gateway West
Realty

Cease and Desist.
$5,000.00 CP J&S, vacate
previous Cease and Desist.
$4,000.00 CP, 2 yr PL, 6 hr
CE in Commissioner
Standards.

Norbert Gegner

Nouveau Real
Estate

George W Glover

Rathbun
Realty Inc

Tucson

Audit violations; trust account shortage.
Failure to respond to Department
requests for information and
documentation. Failure to supervise.

Expired

Scottsdale

Failed to timely disclose an August 2012
misdemeanor conviction.

$400.00 CP

Tucson

Audit violations; trust account shortage.
Failure to respond to Department
requests for information and
documentation. Failure to supervise.

Cease and Desist

Timothy Glover

Gregory Goldshteyn

G&G Realty

Real Estate Commission Bulletin

Page 17

Cease and Desist.
Revocation of License.

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name

Brokerage

Location

Summary

Order

Robert GonzalezViramontes

Self-Employed
Broker

Phoenix

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)

Beatrice A
Grech-Cumbo

THC Properties Inc

Out of
State

Failed to complete CE in a timely manner.
Failed to respond to Department
Notice of Hearing.

Revocation of License
(default)

Melinda Greer

Expired

Scottsdale

Failed to timely disclose an August 2010
misdemeanor conviction.

$750.00 CP

Paul S Greer Jr

Self-Employed
Broker

Elfrida

Failed to complete CE in a timely manner.

$500.00 CP,
complete CE in 30 days

Tucson

Audit violations & trust account irregularities.
Trust account shortage of $3,026.66.

$3,000.00 CP J&S, 2 yr PL,
6 hr CE in Commissioner
Standards, $30,000 surety
bond, make trust accounts
whole, quarterly review of
records.

Tucson

Audit violations & trust account irregularities.
Trust account shortage of $3,026.66.

$3,000.00 CP J&S, 2 yr PL,
quarterly review of records.

Laura L Grijalva

Grijalva Realty
Corp

Grijalva Realty
Corp

Marlene Groszek

Groszek Realty

Cave
Creek

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)

Chastity Ann
Guevara

Camelot's Quest
Realty

Casa
Grande

Continued trust account shortages, misleading
statements, violation of Commissioner's Order
(Consent Order for 12F-DI-195).

Revocation of License,
$6,000 CP J&S.

Saguaro
Properties Inc

Phoenix

Failed to supervise the activities of unlicensed
entity and individuals.

$3,000.00 CP, 9 hr CE in
Commissioner Standards.

Fadi Haddad

Expired

Phoenix

Failed to timely disclose a July 2012
misdemeanor conviction.

$400.00 CP

Bret J Hamel

ZipRealty Inc

Phoenix

David Hamill

Far West Realty

Prescott
Valley

Failed to properly supervise, resulting in
unlicensed activity by employee.

$400.00 CP

Out of
State

Unlicensed real estate activity.

Cease and Desist

Phoenix

Failed to timely disclose a December 2010
misdemeanor conviction.

$750.00 CP

Gary Gunsalus

Gary Hankins

Jayson Harris

Expired

Real Estate Commission Bulletin

Failed to timely disclose a March 2012
demeanor conviction.

Page 18

mis-

$400.00 CP

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name

Brokerage

Location

Summary

Order

Turquoise
Properties

Lake Havasu
City

Failed to properly represent clients. Failed to
remit monies and accounting. Failed to
supervise.

$3,000.00 CP, 6 hr CE in
Commissioner
Standards., 2 yr PL w/BA

KDB Referral
Realty

Prescott

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)

Inactive

Scottsdale

Failed to timely disclose a September 2011
misdemeanor conviction.

$750.00 CP

Desert Gateway
Realty

Surprise

Failed to timely disclose a July 2009
misdemeanor conviction.

$750.00 CP

Nicole P Hymas

Hunt Real
Estate ERA

Paradise Valley

Failed to complete CE in a timely manner.

$400.00 CP, complete
CE in 30 days

Mariya Igonkin

Expired

Scottsdale

Failed to timely disclose a March 2011
misdemeanor conviction.

$750.00 CP

Jay Iole

Expired

Tempe

Failed to timely disclose a February 2010
misdemeanor conviction.

$750.00 CP

Steve M Irwin

Prudential
Northern Real
Estate

Prescott

Failed to exercise reasonable supervision
over the activities of licensees under the
broker's control.

$1,500.00 CP, 6 hr CE in
Commissioner
Standards, 2 yr PL

Bruce A Jacobs

Bruce Jacobs
Real Estate

Tucson

Failed to complete CE in a timely manner.

$300.00 CP, complete
CE in 30 days

Adventure Realty

Show Low

Failed to properly supervise, resulting in
unlicensed activity by employee.

$250.00 CP

Sheila A Joanou

DPR Realty LLC

Scottsdale

Failed to complete CE in a timely manner.

$300.00 CP, complete
CE in 30 days

Nancy Johnson

Inactive

Gilbert

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)

Phoenix

August 2002 Judgment and Order by the
State of Nebraska regarding unfair and
deceptive practices involving sales of
membership contracts for food service.
Denial of license application.

License granted,
2 yr PL/PM, $10,000
surety bond

Donald Holmes

Vicki Howard

Sarah Hoyt

Christopher Hughes

Robin Jaeger

Christopher Steven
Johnson

Debra Jones

Inactive

Mesa

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)

Diane E Jones

Expired

Chandler

Failed to timely disclose a March 2010
misdemeanor conviction.

$750.00 CP

Real Estate Commission Bulletin

Page 19

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name

Brokerage

Michael Alan Jones

Ideal Realty &
Management

James Jones
Carl Jones Jr

Location

Summary

Order

Peoria

Audit violations.

$3,000 CP, 2 yr PL, 6 hr CE in
Commissioner Standards,
Surety Bond, make trust
accounts whole, quarterly
review of records.

Expired

Scottsdale

Failed to timely disclose a September 2010
misdemeanor conviction.

$750.00 CP

Expired

Glendale

Engaged in unlicensed activity for
6+ months.

$1,000.00 CP

Revocation of License
(default)

Barry Thomas
Jordan

Inactive

Scottsdale

Awaiting trial for two separate felonies, in
involuntary treatment to restore competency,
in confinement as Respondent was a threat
to public safety.

Ubaldo Juarez

Expired

Yuma

Failed to timely disclose a March 2008
misdemeanor conviction.

$750.00 CP

Mary Riordan
Karlsson

Properties
R Us

Phoenix

Audit violations; trust account shortage.

$500.00 CP, $500.00 Grand
to Ed Fund, 2 yr PL w/PM, 6
hr CE in Commissioner Standards.

Gregory A Kotseos

Inactive

Tucson

Operated an unlicensed entity.

$1,000 CP

April M Lawless

Inactive

Phoenix

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)

A1 Properties

Prescott

Conducted real estate activity through an
unlicensed entity, accepted compensation
from sources other than the licensee's
broker.

$2,500.00 CP J&S, 6 hr CE in
Commissioner Standards

Expired

Peoria

Failed to timely disclose a February 2011
misdemeanor conviction.

$750.00 CP

EXP Realty

Phoenix

Failed to complete CE in a timely manner.

$500.00 CP, complete CE in
30 days

Casa Grande

Disclosed an August 2009 felony conviction
for Attempted Possession of Precursor
Chemicals. License application denied.

License granted, 2 yr PL/PM

Sammy Lewin

Christine Lincoln
John A Lincoln

Timothy J Lipson

Susie Lockhart

Rent-A-Home

Lake Havasu
City

Audit violations.

Revocation of license
(Default)

Judy Louks

ReMax Peak
Properties

Flagstaff

Failed to timely disclose a June 2010
misdemeanor conviction.

$750.00 CP

Phoenix

Multiple violations including accepting
compensation in violation, commingling of
client funds, violation of Commissioner's Order, conducting real estate activities through
an unlicensed entity.

$38,000 CP J&S

Leslie P Lovett

Revoked

Real Estate Commission Bulletin

Page 20

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name

Brokerage

Location

Summary

Order

Expired

Tucson

Engaged in unlicensed activity for 2+ months.

$750.00 CP

Mesa

Unlicensed real estate activity.

Cease and Desist

Brooks, Byron
& Associates

Mesa

Failed to timely disclose an October 2010
misdemeanor conviction.

$750.00 CP

Yvette McDonald

Expired

Avondale

Failed to timely disclose a March 2011
disciplinary action by the
Department of Insurance.

$750.00 CP

Meghan A McGinnity

Expired

Scottsdale

Failed to timely disclose a February 2012
misdemeanor conviction.

$400.00 CP

Dorothy Lynn
McNulty

Properties at
Valle Vista

Kingman

Conducted real estate activity through an
unlicensed entity.

$2,000.00 CP, 9 hr CE in
Commissioner Standards.

Amy T Miller

Inactive

Tucson

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)

Meghan A Miller

Terminated

Out of State

Failed to timely disclose an October 2010
misdemeanor conviction.

$750.00 CP

Regina E Mitchell

Vern Keleher
Realty

Chino Valley

Failed to complete CE in a timely manner.

$300.00 CP, complete CE
in 30 days

Mary C Mueller

Inactive

Tubac

Failed to complete CE in a timely manner.

$500.00 CP, complete CE
in 30 days

Timothy Nelson

Current Realty
Solutions

Chandler

Failed to timely disclose a September 2011
license suspension by the
Registrar of Contractors.

$750.00 CP

Michael Nicolai

Realty One
Group

Glendale

Improperly received client monies into a
personal account.

$2,500.00 CP, 2 yr PL/PM,
6 hr CE in Commissioner
Standards.

Out of State

Unlicensed real estate activity.

Cease and Desist

Jennifer Lundgren
Markwood Capital
Group LLC
Dulce Matuz

Jim Nissing
Richard Noeltner

HomeSmart

Scottsdale

Failed to timely disclose a November 2005
misdemeanor conviction.

$1,000.00 CP

Angelina O'Connor

Expired

Peoria,

Failed to timely disclose an August 2011
misdemeanor conviction.

$750.00 CP

Willie O'Malley

Inactive

Scottsdale

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default)

Leticia Ortiz

Inactive

Buckeye

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of License
(default), $1,000.00 CP.

Audit violations.

$3,000 CP, 2 yr PL, 6 hr CE
in Commissioner Standards, quarterly review of
records.

Nancy Jeannette
Osten

Diamond Del
Rio Properties,
Inc.

Real Estate Commission Bulletin

Bullhead City

Page 21

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name

Brokerage

Location

Summary

Order

Robert Oswald

Call Realty Inc

Gilbert

Failed to timely disclose a September 2009
disciplinary action by the
Federal Aviation Administration.

$750.00 CP

Kathy Patino

McAlpine-Licea
Properties LLC

Phoenix

Failed to timely disclose a May 2009
misdemeanor conviction.

$750.00 CP

Alma Luz Pena

Inactive

San Luis

December 2011 felony conviction for Theft.

Revocation of License
(default).
$3,000.00 CP

Scott A Pestka

Inactive

Peoria

Failed to complete CE in a timely manner.
Failed to respond to Department Notice of
Hearing.

Revocation of
License (default)

Gina Pettijohn

1st USA Realty
Professionals

Mesa

Failed to timely disclose a June 2012
disciplinary action by the
Registrar of Contractors.

$400.00 CP

Starlit Porter

DBSD LLC dba
Heirloom Realty

Lake Havasu
City

Failed to properly represent clients. Failed to
remit monies and accounting.

$3,000.00 CP, 2 yr PL
w/ PM, 6 hr CE in
Commissioner
Standards.

Brian Prestwich

Expired

Tempe

Failed to timely disclose a June 2011
misdemeanor conviction.

$750.00 CP

Jorge Damian Ramirez

Glendale

Disclosed a January 2002 felony conviction for
Solicitation to Commit Transportation of
Marijuana for Sale, Having a Weight of Less
than Two Pounds. License application denied.

License granted, 2 yr
PL/PM

Rathbun Property
Management Inc

Tucson

Audit violations; trust account shortage. Failure
Cease and Desist.
to respond to Department requests for
information and documentation.
Revocation of License.

Rathbun Realty Inc

Tucson

Cease and Desist.
Audit violations; trust account shortage. Failure
to respond to Department requests for
Revocation of License.
information and documentation.

Lawrence Raye

Expired

Chandler

Failed to timely disclose a November 2008
misdemeanor conviction.

$750.00 CP

Kimberly Reely

Expired

Mesa

Failed to timely disclose a February 2009
misdemeanor conviction.

$750.00 CP

Lake Havasu
City

Audit violations.

Revocation of
license (Default)

Phoenix

Failed to timely disclose a November 2010
misdemeanor conviction.

$750.00 CP

Rent-A-Home

Ryan Reynolds

Expired

Real Estate Commission Bulletin

Page 22

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name

Brokerage

Location

Summary

Order

Chandler

Disclosed a 2003 felony conviction for
Obtaining a Controlled Substance by Fraud
and Burglary when applying for licensure.
License application denied.

License granted, 2 yr PL/PM

Key Time Realty

Bullhead
City

Audit violations.

$2,000.00 CP, 2 yr PL, 6 hr CE
in Commissioner Standards,
quarterly review of records.

Jacob F Rocker

3-D Brokerage

Tucson

Failed to timely disclose a January 2012
misdemeanor conviction.

$400.00 CP

Leticia Rosales

Pro Star Realty

Phoenix

Failed to complete CE in a timely manner.

$300.00 CP, complete CE
in 30 days

Sean A Rosas

Real Estate
Brokers Commercial LLC

Chandler

Failed to complete CE in a timely manner.

$300.00 CP, complete CE
in 30 days

Inactive

Tucson

Failed to complete CE in a timely manner.

$500.00 CP, complete CE
in 30 days

Scottsdale

Disclosed 2 adverse judgments involving
violations of Colorado Workers Comp Laws.
License application denied.

License granted, 2 yr PL/PM

Scottsdale

Represented an entity other than the
employing broker.

$2,000.00 CP J&S, compliance
with advertising requirements,
6 hr CE in Commissioner
Standards.

Sylvia Rhea

Ann Elizabeth
Rhoads

David John Ross

Jamal Ross

Delbert M Rounds

ReMax Fine
Properties

Cease and Desist.
$5,000.00 CP J&S, 2 yr PL,
Client Final Accounting, Make
Trust Accounts Whole, quarterly
review of records, 6 hr CE in
Commissioner Standards,
vacate previous Cease and
Desist.

Christine Nancy
Rowland

Gateway West
Realty Inc dba
Gateway West
Realty

Tucson

Audit violations; trust account shortage.
Failure to respond to
Department requests for documentation.

Barbara
Rowland

Rowland
Properties LLC

Tucson

Engaged in unlicensed activity
for 7+ months.

$1,000.00 CP

Opulent Real Estate Group

Phoenix

Audit violations.

$2,000.00 CP, 2 yr PL, 6 hr CE
in Commissioner Standards,
quarterly review of records.

Expired

Tucson

Failed to comply with terms of previous
Consent Order.

James Patrick
Ruley

Theresa D Ryan

Real Estate Commission Bulletin

Page 23

Revocation of License (default)
$1,000.00 CP

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name

Brokerage

Location

Summary

Order

Leonardo Sanchez

Equity Executives

Avondale

Failed to disclose a September 2009
misdemeanor conviction when submitting a
license renewal applications.

$3,000.00 CP, 2 yr PL
w/BA, 6 hr CE in
Commissioner Standards.

Charles Sansone

Guardian Realty &
Investment Group

Phoenix

Failed to complete CE in a timely manner.
Failed to respond to
Department Notice of Hearing.

Revocation of License
(default)

HomeSmart

Scottsdale

Failed to timely disclose a March 2011
misdemeanor conviction.

$750.00 CP

Inactive

Tucson

January 2012 felony conviction
for Endangerment.

Revocation of License.

Out of State

Unlicensed real estate activity.

Cease and Desist

Secure Real
Estate

Scottsdale

Failed to timely disclose an April 2012
misdemeanor conviction.

$400.00 CP

IRA/Landmark
Realty Advisors
LLC

Phoenix

Failed to complete CE in a timely manner.
Failed to respond to
Department Notice of Hearing.

Revocation of License
(default)

Robert M Stearnes

Expired

Phoenix

Failed to timely disclose an April 2009
misdemeanor conviction.
Licensed renewal denied.

License denied,
$2,000.00 CP.

Chad Steverson

Expired

Prescott
Valley

Engaged in unlicensed activity
for 2+ months.

$750.00 CP

Steven Stewart

Exit Realty New
Beginnings

Glendale

Failed to disclose acting for more than one
party in a transaction, failed to remit monies
within a reasonable time.

$1,000 CP, $1,000 Grant
to Ed Fund, 6 hr CE in
Commissioner Standards.

Michael J Stewart

Self-Employed
Broker

Phoenix

Failed to complete CE in a timely manner.

$300.00 CP, complete
CE in 30 days

Pedersen Real
Estate & Property
Management

Apache
Junction

December 2012 conviction for Aggravated
Assault By Entering the Home of Another.

$1,000.00 CP, 2 yr PL/BA.

Will J Schreiber
Douglas L Seaver Jr
Robert & Robin
Shannon
Robert Stanfill

Jeffrey M Stapley

William David Taber

Darren H Tackett

ReMax Fine
Properties

Scottsdale

Represented an entity other
than the employing broker.

$2,000.00 CP J&S,
compliance with
advertising requirements,
6 hr CE in Commissioner
Standards.

Andrew J Tarico

Expired

Scottsdale

Failed to provide documentation as
requested by Department staff.

Revocation of License
(default)

James Theut

Expired

Phoenix

Failed to timely disclose a March 2012
misdemeanor conviction.

$400.00 CP

Tucson

Audit violations; Failure to respond to
Department requests for information
and documentation.

Cease and Desist

Tompkins Realty Inc

Real Estate Commission Bulletin

Page 24

Volume 2013 • Issue 1

Disciplinary Actions (7.1.2012 - 2.28.2013)
Name

Mario A Tovar

Salvador C Urena

Kelly J Vilches

Brokerage

Inactive

Steven D Wardell

Phoenix

February 2012 felony conviction for
Aggravated Driving or Actual Physical
Control While Under the Influence of
Intoxicating Liquor or Drugs.

Revocation of License
(default).
$3,000 CP

Failed to complete CE in a timely manner.

$400.00 CP,
complete CE in 30 days

Inactive

Queen Creek

Failed to complete CE in a timely manner.
Failed to respond to Department
Notice of Hearing.

Revocation of License (default)

Mesa

Disclosed a July 2010 misdemeanor
conviction for Offering a False Instrument
for Recording. License application denied.

License granted, 2 yr PL/PM,
$10,000 Surety Bond

HomeSmart

Phoenix

Failed to comply with terms of
previous Consent Order.

$1,500 CP, 2 yr PL w/BA, 6 hr
CE in Commissioner Standards.

Xaxon
Properties LLC

Phoenix

Failed to complete CE in a timely manner.

$300.00 CP,
complete CE in 30 days

Tempe

Disclosed a March 2007 False
Statement conviction and 2002 revocation
of California Chiropractor License when
applying for licensure.
License application denied.

License granted, 2 yr PL/PM

Tucson

Audit violations; Failure to respond to
Department requests for
information and documentation.

Cease and Desist

Out of State

Unlicensed real estate activity.

Cease and Desist

Mesa

Failed to complete CE in a timely manner.

$300.00 CP,
complete CE in 30 days

Mesa

Disclosed a 1993 Theft conviction
when applying for licensure.
License application denied.

License granted, 2 yr PL/PM

Tompkins
Realty Inc

Sue Wilkerson
Steven Winkler

Order

Yuma

Anthony Wassif

Gary Frank Weiss

Summary

Camel Pointe
Realty

Scott Waldron

Richard "Rick"
Wandrych

Location

US Preferred
Realty Inc

Edwin Wold

Darrell G Wolter

Suspended

Mesa

Failed to disclose an April 2011 adverse
judgment involving real estate
transactions. Failed to respond to
Department requests for
information and documentation.

Terrence J Yates

Inactive

Scottsdale,

Failed to complete CE in a timely manner.
Failed to respond to Department
Notice of Hearing.

Revocation of License (default)

Yearin Realty
Law Group LLC

Scottsdale

Failed to timely disclose a May 2012
suspension of law license by the State Bar.

$400.00 CP

Donald Yearin

Real Estate Commission Bulletin

Page 25

Revocation of License (default)
$6,000.00 CP

Volume 2013 • Issue 1

License Surrender Report (01/2012 - 12/2012)
ARS §32-2137(A) - Surrender License
If the Department has commenced a disciplinary proceeding against a licensee, the licensee may request in writing
to voluntarily surrender their license to the Department, only, if the surrender of the license occurs not less than 10
days prior to a hearing. After acceptance of the voluntary surrender, “the Department shall not thereafter issue a
license under this chapter to the licensee.”
Choosing to surrender your license would forego a licensee’s ability to ever apply for a license through the Arizona
Department of Real Estate in the future.

LAST NAME

FIRST NAME

LIC NUMBER

E & C FILE

SURRENDER DATE

BACS

VICKI L

SA503805000

12F-DI-214

02/13/2013

BUCK

KIRSTEN E

SA555028000

11F-DI-298

10/03/2012

BURGESS

PHYLLIS A

BR022540000

13F-DI-048-1

09/20/2012

CHERMAK

JUDY

SA515473000

13F-DI-133-1

01/25/2013

CHIANG

RAYMOND M

BR109337000

11F -DI-494

11/07/2012

EUTSLER

JARED

BR558300000

13F-DI-035

10/23/2012

FEYGIN SR

VITALY

SA561908000

12F-DI-021

12/07/2012

FLIBOTTE

ROBERT THOMAS

BR005194000

12F-DI-088

09/20/2012

FORTIER

PAUL ROGER

BR109454000

11F-DI-543

10/24/2012

FRANCE

SAMUEL L

SA559127000

11F -DI-497

11/19/2012

GRAMM

GREGORY

BR008806000

12F-DI-020

11/29/2012

HOPKINS

LESLIE A

BR528140000

12F-DI-317

07/02/2012

HOSNER

KEVIN P

SA627290000

13F -DI-008

07/25/2012

KACZMAR

MICHAEL STEVEN

SA014707000

13F-DI-147

01/31/2013

MANDELBAUM

J WILLIAM

BR004777000

11F-DI-463

09/17/2012

MIDDLETON

GINGER LEE

SA586412000

12F-DI-176

02/19/2013

MILLINER

WILLIAM R

BR010403000

12F-DI-178

11/01/2012

NICKELL

LISA G

SA516037000

12F-DI-026

11/08/2012

PLEIN

KENNETH J.

BR006126000

12F-DI-145

01/16/2013

RADACK

JENNIFER D

SA553609000

11F-DI-259

08/10/2012

RHODE

ANN M

SA554529000

11F-DI-331

10/16/2012

SAMPLE

BRADLEY E

BR014230000

11F-DI-505

09/24/2012

SCHOLTZ

FRANCES T

BR006688000

11F-DI-550

09/13/2012

SILLS

SHONI

SA642641000

13F-DI-185

02/20/2013

SMITH

SHARON K.

SA522945000

13F-DI-052

09/21/2012

TAFOYA

MATTHEW N

BR511377000

13F-DI-038

08/27/2012

WEBSTER

WILLIAM SCOTT

SA565851000

13F-DI-121

02/21/2013

WETHINGTON

DARLINE B

BR626850000

13F -DI-007

08/01/2012

Real Estate Commission Bulletin

Page 26

Volume 2013 • Issue 1