Barrow, Janet | Principal Broker | Conway, AR
05/04/2015 | Hearing No. 3399
Respondent(s): Thomas Hudson, Salesperson, and Janet Barrow, Principal Broker, Grissom and Company, Conway, Arkansas, Formal Hearing #3395
Violation(s) for Respondent Hudson: A.C.A. §17-42-311(a)(2), §17-42-311(a)(9), §17-42-311(a)(11), §17-42-311(a)(13) and Commission Regulations 10.1(b), and 10.13(b).
Violation(s) for Respondent Barrow: A.C.A. §17-42-311(a)(13), §17-42-311(a)(2), §17-42-311(a)(11) and Commission Regulations 10.13(b) and 10.14. Sanction(s): Respondent Thomas Hudson’s real estate sales license was suspended for six (6) months. Respondent Hudson to pay a fine of $3,000.00 to the Arkansas Real Estate Commission, and complete a 60-hour salesperson education course, and an 18-hour salesperson post-license education course.
Sanction(s): Respondent Janet Barrow to pay a fine of $3,000.00 to the Arkansas Real Estate Commission. Respondent Barrow required to attend a 45-hour broker pre-license education course, and, a 30-hour broker post-license education course.
While licensed under Complainant Principal Broker Henson, Respondent Hudson conducted property management activities for Complainant’s firm, ReMax of Conway. In early March 2014, while Respondent Hudson was still licensed with ReMax of Conway, Respondent Barrow, Principal Broker for Grissom and Company and Respondent Hudson discussed the transfer of Respondent Hudson’s license to Grissom and Company. Respondent Barrow told Respondent Hudson that he could contact the owners of properties managed by Principal Broker Henson and that if the property owner stated that they wished to continue to have Respondent Hudson manage their property, Respondent Hudson was to tell the property owner to contact Principal Broker Henson to let him know of their desire to terminate their arrangement with ReMax.
After Respondent Hudson had contacted some of the property owners, Respondent Barrow advised Respondent Hudson that he could send a sample letter to the property owners that the owners could send to Principal Broker Henson to terminate their property management agreement. At some point, Respondent Barrow instructed Respondent Hudson to make copies of everything, including any receipts and deposit slips that he had related to properties managed by Principal Broker Henson. Respondent Hudson provided Respondent Barrow copies of the check book, bank statements, and deposit slips related to properties managed by Principal Broker Henson.
Without Complainant Principal Broker Henson’s permission, Respondent Hudson took from Complainant Principal Broker Henson’s firm a copy of a list of renters and owners complete with phone numbers and addresses of owners of properties managed by Principal Broker Henson. In an email dated April 7, 2014, to Principal Broker Henson, Respondent Barrow indicated that ledger sheets for properties managed by Principal Broker Henson were being returned to him.
On or about April 9, 2014, Respondent Hudson sent a letter to an owner of properties managed by Principal Broker Henson of ReMax of Conway. That letter signed by Respondent Hudson stated, “I am sending you the letter to terminate your management agreement with ReMax. I have enjoyed working with you and hope you will let me continue to management (sic) you (sic) properties. I have had one phone call on 104 and the person is going to call me back when she wants to see the house. I will let you know when I have moved to the new company.” Respondent included a form letter dated March 1, 2014 for the property owner to sign which stated, “I wish to terminate the property management agreement with RE/MAX of CONWAY. I have employed the management services of Grissom & Company for the above referenced properties,” advising the owners how to terminate their property management agreement and move the management agreement to Grissom and Company.
On or about April 11, 2014 Principal Broker Henson returned Respondent Hudson’s real estate license to the Arkansas Real Estate Commission. The back of the license, which was signed by Respondent Hudson states, “I hereby certify that I am not taking, and will not take, any listings, management contracts, appraisals, lease agreements, or copies of any such documents, or any other pertinent information belonging to my former Principal Broker or Firm Regulation 7.5 (b)(1).” Three of the termination letters that Respondent Hudson sent to owners of properties managed by Principal Broker Henson were signed by owners of the properties. Respondent Barrow delivered copies of the three letters to Principal Broker Henson. All three termination letters were dated March 1, 2014.