It appears that the Alaska Real Estate Commission is at it again. Making the rule fit for some, while they sanction others for the same thing. It is listed on the Sept. agenda that they will be discussing "Substitute Broker Issue" this is due to a Fairbanks Broker issue.
Let me shed some light: In there case against me the Real Estate Commission overruled a decision by Judge Kennedy and claimed that in order for a Broker to "fill in" for another Broker there would be an employment arraingement and there would need to be license transfer paperwork filed with the commission. The state's so called expert witness, Charlie Sandberg testified that it is uncommon for a Broker to use another Broker to fill in for them. He said that more likely an associate broker would be used. Wrong Charlie! It happens all the time. Not all offices have an associate and many times even if they do, that associate may not have the skill set to work with all of the Broker's clients. The Real Estate Commission in their witch hunt against our company sided with Charlie's tainted opinion and the judge issued in his decision that he would expect that same logic be applied to all Brokers. I think even he knew the can of worms that was being opened. Well, it didn't take long before a Fairbanks Broker, Eileen Cummings to be exact, left town and had Jerry Wagner (of another brokerage) watch her files. The message left on Eileen's cell phone said - I am out of town if you need assistance with any of my listings, please call Jerry Wagner of Wagner Realty etc. -I then filed a complaint against Eileen. After all this is exactly the type of violation that the Real Estate Commission said was so horrible in my case. Take note that while I did file a formal complaint against Eileen it is not posted on her license as mine was, or as Hank Baros' was I wonder why?
Now her is an e-mail that went out from the GFBR:
From: gfbrae@gci.net [mailto:gfbrae@gci.net]
Sent: Tuesday, August 24, 2010 10:36 AM
To: gfbrae@gci.net
Subject: FYI Brokers
Hello GFBR Members:
There has been a recent ruling by a judge on a real estate case that has put a focus and possible change on how Brokers need to cover their offices during their absence. This judge ruling/interpretation will be before the Real Estate Commission in Anchorage at their September 9-10, 2010 meeting. At that point they will probably start the process for developing a regulation that outlines the requirements for brokers during their absence in response to this ruling. This process may take 3-6 months to develop the proposed regulation change. Then there will be an opportunity for public comment published by the Real Estate Commission. After the public comments, the Real Estate Commission will adopt the proposed/amended regulations that brokers will be required to comply with during their absence.
Until this process is complete brokers will need to follow the current regulations for supervising their offices during absences.
If you have any questions about the current regulations, or if you want to send some input to the Real Estate Commission for the September 9-10, 2010 meeting (deadline Aug.27, 2010 for board packets) please contact:
Alaska Real Estate Commission
Sharon Walsh, Executive Administrator
907-269-8197
Thank you,
Christina Chaney
Association Executive
Greater Fairbanks Board of Realtors
P: 907-452-7743
F: 907-452-7746
There is also a teleconference scheduled with the GFBR for that day! This is appalling! - this decision was already adopted. This was not a possible change! We need to do all that we can to get rid of this incompetent Real Estate Commission. I am sick and tired of being victimized by them only to have them change the rules for some!