Turner, Lemuel Dwight | Principal Broker | Hot Springs Village, AR

07/11/2011 | Hearing No. 3154

In Formal Hearing # 3154, the Commission voted that Respondent Dwight Turner’s license be revoked indefinitely. He was fined $1,000 for each of the eight violations proven, for
a total of $8,000, to be paid to the Arkansas Real Estate Commission.

• The Commission found Respondent Dwight Turner in violation of Arkansas Code Annotated § 17-42-311(a)(7), §
  17-42-311(a)(11) and § 17-42-311(a)(13), and Commission Regulations 8.5(a), 10.8(b), 7.5(c) and 10.7(c).
• By Consent Order, in Formal Hearing # 3104, Respondent Keitha Turner voluntarily agreed to surrender her broker
  license.
• The Commission found Respondent Keitha Turner in violation of Arkansas Code Annotated § 17.42.311(a)(6) and Commission Regulations 8.5(a) and 10.8(b).
• Keitha and Dwight Turner, as owners, officers and real estate licensees and brokers of Village Pro Realty, Inc., engaged in a pattern and practice of conduct in violation of the Real Estate License Law or Commission Regulations. Respondents managed or leased properties for 93 complainants. Some properties were rented on a long-term lease while other properties were placed in a nightly rental program. During Respondents’ tenures with Village Pro Realty, Inc., each participated in the collection of rental monies, security deposits and monies designated for repairs for properties managed by the firm. Respondents did not account for or remit funds collected and failed to disburse those funds appropriately. Respondents commingled clients’ and customers’ monies with personal monies and disbursed client and customer monies without authorization. Prior to January 1, 2011, Respondent Dwight Turner closed Village Pro Realty, Inc., without returning all licenses and pocket cards issued to persons associated with Village Pro to the Real Estate Commission, and without notifying the Real Estate Commission of the address and phone number of the place where the records are to be maintained. 
• As a direct result of the proven violations by Respondent Lemuel Dwight Turner, in Formal Hearing # 3154, and by Respondent Keitha Turner by Consent Order, Formal Hearing # 3104, and the Recovery Fund Hearing held on July 12, 2011, the Commission found Respondents jointly and severally liable and ordered them to pay the Complainants within 30 days of the date of the Order. In the event the Respondents do not pay some or all of the amounts awarded within 30 days, the Complainants may be paid from the Recovery Fund. Since the total amount the Complainants were awarded exceeds the amount of Recovery Fund liability pursuant to Arkansas Code Annotated § 17-42-406(c), which is $75,000 times two (2) licensees, or $150,000, each Complainant may be paid a pro rata share of the $150,000 available.