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Does the violation justify the punishment?

A fine of $1000 and one year probation. Here is what they did:

"Agreed revocation of broker license fully probated for 1 year, effective January 2, 2009; Agreed administrative penalty of $1,000, entered January 2, 2009; acting negligently or incompetently and engaging in conduct that is dishonest or in bad faith or that demonstrates untrustworthiness in completing contract forms and structuring a broker's commission as a net listing to the disadvantage of an elderly seller, in violation of §1101.652(b)(1) and (2) of the Texas Occupations Code and 22 TAC §535.16(b); failing in her primary duty as real estate agent to represent the interests of the agent's client, placing a personal interest above that of her client, and using use her expertise to the disadvantage of a person with whom the licensee deals, in violation of 22 TAC § 531.1(1) and (3), and 22 TAC §535.144(b)"

Posted by Richard Weeks, REALTOR®, Broker Associate, GRI, ePRO, eAgent on 05/07/2009 01:05 PM

Comments (11)

does the violation justify the punishment

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11 Comments on Does the violation justify the punishment?

MAY

It will be interesting to see what type of comments you get about this. Personally, the part about taking advatage of an elderly seller 'riles' me. I don't think the punishment was severe enough, but I don't know what levels of punishment your state codes allow for.

Pam,

Thanks for your comments. Taking advantage of the elderly is along the same lines as stealing from a church.

They could have revoked the agents license.

Doesn't sound good Richard. Stealing and taking advantage of people who can't take care of them selves is not redeemable. I totaly agree with you......revocation. You know they'll do it again.

So what is probation? The REC jus twatches you and make sure you are good for a year?

Yes they should revoke the license!

Anna and James, Thanks for your comments.

Hi Richard... if all is as stated, the punishment seems "light" to me. But I am always reluctant to yeall "hang 'em" because sometimes there are extenuating circumstances that are not written into the judgements.

Steve, Thanks for your comments. Net Listing, Taking advantage of the elderly, using your license to someone disadvantage sounds like trouble to me.

A first violation gets an automatic $500 fine. A second violation is an automatic $1000 fine... at any time, the professional standards committee can suspend the license or require more MCE or anything else to punish the person. It sounds like this person was a repeat offender and deserved what they got.

MAY

Hi Richard: I,possible to tell from your post - not enough detail about the incident - it sounds a little light but I can't say for sure because there may be more to the story.

MAY

Matt,

You are right we don't know all the details.

Donna,

Thanks for your comments, and insight.

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