Respondents: Nicholas Edgar Gatlin, Salesperson and Tara Limbird, Principal Broker FH 3634

Violations: Respondent Gatlin - Arkansas Code Annotated § 17-42-311(a)(2), 17-42-316(b)(2)(G) and Commission Rules 8.5(a) and 10.6.

Respondent Limbird- Arkansas Code Annotated § 17-42-311(a)(2), 17-42-316(b)(2)(G) and Commission Rules 8.5(a), 10.4(b), and 10.6.

Sanctions: Respondent Gatlin - The Arkansas Real Estate Commission Ordered that Respondent Gatlin pay a fine of $500 within 30 days of the date the order was served upon him and that Respondent Gatlin complete three hours of continuing education in agency within three months of the date of the hearing.

Respondent Limbird – The Arkansas Real Estate Commission ordered that within six months of the hearing, Respondent Limbird schedule with the Commission a date for the Commission to make a presentation to Respondent Limbird’s firm on the subject of agency.

Summary:

During the listing of a property for sale a Buyers Agent notified Respondent Gatlin that, according to the county health department, the septic system was undersized for the size of the home. Respondent Gatlin failed to exert reasonable effort to ascertain the facts regarding the septic system and failed to protect the interests of his seller client. A contract offer was accepted which made Respondent Gatlin and everyone at the firm dual agents in the transaction. By failing to make the buyer aware of questions regarding the size of the septic system, Respondents Gatlin and Limbird also failed to protect the interests of their buyer client.

As a direct result of violations proven in formal hearing 3634, the Arkansas Real Estate Commission ordered that Respondents Gatlin and Limbird were directed to pay $11,780.00, to the Complainant within 30 days of the Recovery fund Order.

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