Splichal, Donald | Principal Broker | Eureka Springs, AR
09/27/2010 | Hearing No. 3106
In Formal Hearing # 3106 the Commission voted unanimously that Respondent Donald Splichal be fined $1,000 to be paid to the Commission within thirty (30) days of the date of the Order. Respondent Splichal is required to attend a minimum of two (2) hours continuing education course on Agency, approved in advance by the Executive Director, and that shall not be included as the regular continuing education requirement, and that this particular course be completed in calendar year 2011.
- The Commission found Respondent guilty of violating Commission Regulation 8.5(a).
- On August 28, 2009 Complainants submitted a Real Estate Contract through Respondent on the property located at 701Dogwood Street, Huntsville, AR. Line 27 of said contract stated “Seller to pay for and install new carpet and pad in the living room, hallway, and bonus room. Carpet style, color and pad must be acceptable to buyer.”
- Respondent represented both buyer and seller in the purchase and sale of the above referenced property.
- On September 9, 2009 Complainants signed an Addendum to Purchase Agreement initiated by the seller, Littleton Loan Servicing, LP, which states on line 20, Additional Conditions: “Seller to pay for new carpet + pad install up to $1,300.00.” The addendum stating the $1,300 limit was agreed to by the buyers. Without first seeking the advice and consent of the buyers, on or about October 2, 2009. Respondent instructed the installers to install “something middle of the road, not real expensive, and not real cheap. Something in a brown tone, more dark than light.” Broker also stated: “I had the job bid and completed per the lender required repairs and per the approval of the seller.” At Respondent’s instruction carpeting was installed in one additional room not mentioned in the contract.
- On or about October 22, 2009 Complainants were informed by Respondent they could look at the Carpet. The carpet had been installed without Buyers’ approval of the carpet and pad, and had been installed in four rooms as opposed to the three rooms identified on the Real Estate Contract. On October 23, 2009 Complainants closed on the property located at 701 Dogwood Street, Huntsville, AR, so as not to lose the house.
- The Commission found that as a result of the proven violation, that Respondent Splichal was ordered to pay $1,300 to Complainants Tarvin within a period not to exceed thirty (30) days.