Hemmer, Jeanette | Broker | Lamar, AR
10/01/2005 | Hearing No. 3006
In Formal Hearing # 3006 the Commission ordered that “…Respondent Hemmer’s principal broker license is revoked; however, Ms. Hemmer is allowed to take the 18-hour post-license salesperson course as approved by the Executive Director, whereupon she will be issued a real estate salesperson license allowing her to work under the supervision of a principal broker who must be approved by the Executive Director, and after three years will be permitted to apply for the principal broker license.”
- The Commission found Ms. Hemmer of violating Arkansas Code Annotated § 17-42-311(a)(13), and Commission Regulations 8.5(a), 10.4(b), 10.4(d)(2).
- Respondent Hemmer, as Principal Broker allowed Respondent Over to sign the listing agreement with Seller as the assigned associate to the listing, conduct the real estate auction and received compensation for selling Seller’s real estate at auction, when she knew or should have known that Respondent Over did not hold a current salesperson license with her firm.
- Respondent Hemmer failed to ensure that the real estate closing conducted on behalf of Complainant was conducted in accordance with the terms of the parties’ agreement. Although the seller’s listing agreement required seller to pay a 6% commission and the parties’ real estate contract did not provide for buyer to pay a commission or buyer’s premium of any amount, the July 21, 2003 Settlement Statement charged Complainant with a $13,900 commission and failed to charge any commission to the seller.
- Respondent Hemmer, as principal broker and agent for both buyer and seller, knew or should have known that Complainant had tendered a $13,900 check to Respondent Over following the auction, but failed to supervise Respondent Over by requiring him to deliver the check or proceeds thereof to her to be deposited into Respondent Hemmer’s trust account as required by Commission Regulation 10.7(a) (1).
- After Complainant’s attorney notified Respondent Hemmer of the unauthorized $13,900 commission erroneously charged to Complainant at closing, Respondent took no action to cause Complainant to be paid the balance of the unauthorized commission charge remaining after seller paid to Complainant the seller’s 6% commission.
The Commission ordered that “…Respondent Charles ( Chad ) D. Over‘s real estate license is revoked.”
- The Commission found Respondent Over of violating Arkansas Code Annotated § 17-42-311(a)(6) and Commission Regulation 6.3(b).
- Respondent Over practiced real estate while holding an expired real estate license.
- Respondent Over failed to account for or remit funds in his possession that belonged to Complainant. Respondent Over received Seller’s $13,900 payment, 10% of the purchase price, on her purchase of the subject property. Thereafter, after receiving notice that Complainant had erroneously been charged a 10% commission at closing, he failed to remit or account to Complainant within a reasonable time for the balance of that charge, after seller had paid her 6% commission to Complainant.
- Recovery Fund was held. Pursuant to Arkansas Code Annotated § 17-42-401 et seq., the Commission ordered Respondent Hemmer to pay Complainant $549.00, within thirty (30) days of the issuance of the Commission’s written Order. The Commission ordered Respondent Over to pay Complainant $1,283.50, within thirty (30) days of the issuance of the Commission’s written Order.