Is Your Virginia Real Estate Agent a Felon? or Who IS in YOUR House?

As the Principal Broker/Owner of two real estate offices, it pretty hard to surprise me anymore. However, what transpired recently is enough to make my blood run cold. The State of Virginia allows CONVICTED FELONS who have served jail time to get REAL ESTATE LICENSES!!! Yes, you read that correctly. Did you KNOW that? I didn't.

In fact,I had always believed as have many of my other colleagues,that criminal background checks were done on new licensees by the Department of Regulation in the State of Virginia. This is not true.

DPOR merely "asks" potential licensees this question when they apply for their real estate license. If they don't answer this question, no checks are ever done. If the question is answered positively, the potential licensee must go before the board for a hearing. I have sat in on one of those hearings and they are rather short and sweet. Even then, NO background checks are done.

I was told by one investigator " there are 300,000 agents and DPOR doesn't have the time to do criminal background checks". Really? Hmmm. First of all I don't think there are 300,000 licensed real estate agents in the State of Virginia. And secondly, why can't Virginia do background checks?

The State of Kentucky requires potential licensees to submit to a criminal background check BEFORE they even take the licensing exam. Kentucky will not allow ANYONE to become a real estate agent if they have ANY felony conviction at any time (EVER!). You can't even become a real estate agent in Kentucky within five years of a misdemeanor conviction or with evidence of dishonesty, untruthfulness, or bad reputation. The FBI cost for this investigation is just $18 paid for by the potential licensees and it takes 10-12 weeks. In other words, Virginia wouldn't even have to DO the background check, they can hire the FBI to do the background check and make it a requirement that the potential licensees pay for it!!!!

I bring all of this up in the first place because I found out I had an agent in my office who had a felony conviction with jail time served for credit card fraud as well as a misdemeanor conviction for fraud. He had also lost his license to sell cars in Virginia for fraudulent behavior. But hey...let's just look the other way and give him a REAL ESTATE license and access to all the HOUSES on the market in the State of VIRGINIA!!! This agent continued to create all kinds of fraud for buyers and sellers in MY office!

People worry all the time about whether or not their house is safe while it is on the market. I reassure them over and over that I have a secure lockbox that can only be opened by real estate agents. I never ever knew that some of those real estate agents are the very ones my sellers should be afraid of letting into their house! Would you knowingly let a convicted felon stranger into your house? I don't think so. So why on earth would the State of Virginia think it is perfectly fine to allow convicted felons who have served jail time to have unlimited access to all the homes on the market in Virginia WITHOUT the knowledge of the sellers or buyers???

What is even more frightening, is after I dismissed this agent from my office and filed some very serious complaints (I also found out he was being investigated by DPOR for other complaints BEFORE he came to my office), this agent has just joined ANOTHER office in Northern Virginia and is being ALLOWED to practice real estate while he is being investigated. There is absolutely NO provision in the code or law that allows DPOR to suspend an agent's license while an investigation is going on...no matter how serious the charges are. Makes you feel even safer doesn't it???

So...coming to a home near you...maybe even yours... is a convicted felon licensed real estate agent who has served jail time for fraud or drug use or...and DPOR won't do a thing about it.

Posted by Shawn Harris on 03/26/2008 02:45 PM

8 Comments on Is Your Virginia Real Estate Agent a Felon? or Who IS in YOUR House?

APR

2008

It goes without saying that consumers trust their real estate agents a great deal. Most of us/them just ASSUME our gov't departments & regulatory boards are acting in our best interest when licensing/certifying those in important positions. Bad assumption. Having the info on the form and some sort of hearing are good, but it's obvious there needs to be more. If this isn't a reason to get involved in some sort of advocacy, I don't know what is. What will be interesting is to see how many agents & consumers actually speak up about this issue. Great post. It shocked me into writing an e-mail to my representative.

Hello, Jovan:

Thank you so much for your feedback. Yes, the current system is just not working. I am hoping to get VAR behind me in this issue. I expect to have media attention very soon.

DEC

JAN

I am a felon. I have served my time and my morals and ethics are just as good as the next person's. But because I messed up a long time ago I should still be punished? I received a Bachelor's degree in Psychology but I can't do anything with it because when I was 18 I committed that felony. Well I am 28, have served time, finished parole, donated to charities, asked for forgiveness, got married, had children and still am not allowed to do what I want and that is to help people. There is something wrong with the system and it is the opposite of what you believe it should be. You can't judge people by their past. People change. Some for the worse and some for the better. Just because they are a felon or have committed a misdemeanor doesn't mean they should not be allowed to do what they want.

MAY

People like you really make my blood boil. I am a mother of two and I have a felony. I work I have never done anything wrong since I recieved it. I want to go to college so I can better myself well everything I wanted a career in I couldnt do it because of my background. I was chosen for a promotion and then turned down because of my past. Maybe there wouldnt be so many repeat offenders if you would give someone a chance! I mean the money is better when you arent making it honest but some people want to do the right thing but no one will let us!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

JUN

As if only people with the title "felon" will steal something from your house while they're there. haha You're so dumb.

There are convicted felons ALL AROUND YOU MORON. Get out of your little fantasy bubble you live in and wake up. Felons sell you your clothes at the mall, sit beside you in church, own the restaurant you eat at, sell you your car, install your cable, make the music you listen to, star in the movies you watch, and countless other things much more impressive than you.

And to think that just because someone has a prior felony means they are a bad person just shows how simple in unintelligent you are. You do realize that the title "felon" is given by another human being right? Not some irreverant entity who's word is gold.

Where is this girl living? Mr. Roger's Neighborhood?

As usual, the latest posters have NOT read the entire article and subsequent postings. Yes, I realize felons are everywhere. I also know as a broker, the most serious problems I have experienced have been from the people who have come into my office with rpior records. Does that mean ALL felons are bad? NO.

If you had read subsequent postings, you might have read where there has been discussion on whether or not things should be addressed based on the seriousness of the felony. Should the same weight be given to someone convicted of fraud and a person convicted of a marijuana crime? Where is the line drawn? What criteria should be used?

My duty is to the public. The public is not aware background checks are not done on agents and are definitely not aware that the agent in their home could be a former convicted felon. I believe they have a right to know. Sitting next to someone in public is NOT the same as allowing that person to have access to your home and some of your most personal information.

It's much easier to call someone names than to accept responsibility for your own actions. When you commit a crime, part of the punishment is the stigma attached. Most people do not really change. And yes, there are many others who haven't been caught.

But truly, when did honesty, forthrightness and protecting others go out of date? People can make mistakes and no one is perfect, but by the time the mistake is a felony...it appears to be a bit more than just a "mistake".

JUN

Shawn,

You are a very opionated, judgemental woman. What comes around , goes around.

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