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January 27, 2020
Just Checked Occupational Licensing, they say:
875 people still have not renewed their Real Estate License.
551 Offices, Branches and DBA’s are active
2,103 Current Active Licensees
1495 Salespersons
295 Associate Brokers
306 Brokers
January 14, 2020
Hi Jerry,
I almost forgot to email you about the complaint I had filed with the REC back in November of 2018. It was regarding an appraiser who was having an unlicensed appraiser apprentice do her inspections for her in our market, but not disclosing it on her reports.
Can’t believe it’s been over a year and I never heard anything about it. If you can find out what happened, if anything, I would appreciate it.
Thank you,
Broker Student
Non jurisdictional. AREC doesn't investigate appraisers only authority is over real estate licensees.
Jerry Royse
Ok thanks Jerry. Looks like the investigator could have told me that right away. Actually I talked with her on the phone before I even filed the complaint and she didn’t tell me that then either. Strange.
Today the process is a little tighter with the new investigator. (Theoretically) They would submit to a commission member to assess jurisdictional authority and upon being told "non jurisdictional" would contact complainant with the decision.
Good to know. Thanks again Jerry. Do you know who governs appraisers if it’s not AREC?
I don't. But speaks to the need for a Division of Real Property that oversees both professions as well as other related fields.
I agree.
The Alaska Board of Certified Appraisers governs appraisers. I am the investigator for that Board, and if an official complaint was filed, then the complainant should contact me with any questions regarding the case. Even though I cannot provide regular/continuous updates as to the status of open complaints, I can inform them of where the case is in the investigation process. Unfortunately, there was turnover with the Board last March, and they only just recently appointed a new member to fill that gap. The Board is also unique in that if the complaint is regarding an appraisal in an area that the Board Members do not have the geographic competency to provide a review (which has been A LOT), then the review is assigned to an Expert in that area, which has caused significant delays in the reviews of complaints against appraisers. Another common issue that has come up is that all cases reviewed that have resulted in recommendations for disciplinary action against an appraiser are all being taken to hearing. Disciplinary action on an appraiser’s license is apparently quite detrimental to their career, so they are all fighting their cases, resulting in cases being open for lengthy amounts of time.
Hope this helps. Please let me know if you have any other questions.
Shyla Consalo
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January 9, 2020
The information in this series has been provided by the investigator, Shyla Consuelo.
Common Complaints/Violations in the Industry
#5 Failure to Cooperate with the Commission
We are required to assist in any investigation being conducted by AREC looking into any complaints or problems regarding our practice.
AS 08.88.351. Accounts; records of transactions.
- A real estate broker shall
(5) make available to the commission, on request, account records and all other documents that the commission may require in order to conduct an investigation or to audit an account required under this section.
12 AAC 64.175. Investigation of complaints or violations. (a) Licensees shall cooperate with the department and the commission during the investigation of complaints or alleged violations of licensing statutes or regulations. When a licensee is requested to respond to a complaint, the licensee shall do so within the time period specified; however, the specified response period must allow at least 10 days from the date of the receipt of the request.
January 6, 2020
The information for this series has been provided by the investigator, Shyla Consuelo. She will be speaking at the Independent Brokers Meeting at the Bragaw Dennys, Tuesday Jan 7, at 9AM.
Common Complaints/Violations in the Industry
#4: Supervision Regarding Location
Recently there have been several penalties imposed on licensees and their broker for operating an unauthorized branch office. While operating a home office and conducting work out of that office is legal, that location cannot appear in any way to be a branch office unless it has met the required criteria which includes the supervision and registration of that office with AREC including an associate broker in charge of the location..
So your home office cannot have any signage and the address should not be used on any marketing material.
AS 08.88.291. Location; contact information. (a) A person licensed as a real estate broker shall, by registering with the commission, inform the commission of the person's principal office and of any branch offices of the person's real estate business and include in the information the names of the real estate licensees who are employed at each office. A real estate licensee may do real estate business only through a principal office or from a branch office registered by the broker by whom the licensee is employed. Failure of a real estate broker to maintain a place of business in the state or to inform the commission of its location and the names and addresses of all real estate licensees employed at each location by the broker is grounds for the suspension or revocation of the broker's license.
12 AAC 64.110. Requirements for establishing and maintaining an office.
- A real estate broker holding an active license shall establish and maintain a principal office in this state. The office in which the broker works and maintains the broker's license is the principal office of the broker.
- A broker who maintains offices or branch offices other than the principal office or branch shall have an associate broker in charge of each branch office. If a broker has an associate broker in charge of an office, the broker is responsible for supervision of the associate broker. The operation of a branch office without licensed personnel or without an associate broker in charge is grounds for suspension or revocation of the broker's license.
AS 08.88.311. Branch offices. (a) A branch office shall be under the direct supervision of a real estate associate broker whose principal place of business is that office and who is licensed under this chapter. An associate broker may serve in the capacity of direct supervisor at only one office.
12 AAC 64.120. Branch offices.
- Before establishing a branch office in addition to the principal office, a broker must register the branch office with the commission and provide the information required in 12 AAC 64.110(e) for the branch office.
- An associate real estate broker shall supervise only one office and it must be the associate broker's principal business office.
- Operating a branch office without licensed personnel or without an associate broker in charge is grounds for suspension or revocation of the broker's license.
January 2, 2020
Online renewals are now available!
The New Online Renewal Process:
The online renewal process is now through your My Alaska account (myAlaska). If you have an existing myAlaska account enter your account information. If not, you will need to create an account. Then, you will be directed to the MY LICENSE customer home page. Please follow the directions by clicking the link below.
https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/RealEstateCommission.aspx
Continuing Education:
20 hours of Continuing Education (CE) is required to be completed BEFORE you renew your license (8 hours of DCE and 12 hours of ECE). If you renew your license and have not completed your CE, if you are audited, you could receive a fine, reprimand, and you will be subject to a mandatory audit for the next 2 license renewal cycles.
Referral Office:
If you have your license registered under a referral office, you are still considered active and must complete 20 hours of CE and renew your license by 01/31/2020 or your license will lapse.
Licensed less than 1 year:
If you were initially licensed between 02/01/2019 and 11/01/2019, in other words less than 1 year, you ARE required to complete 20 hours of CE and renew your license by 01/31/2020 or your license will lapse.
Newly Licensed:
If you were initially licensed after 11/03/2019 you are NOT required to complete CE for this licensing period, and you are not required to renew your license.
The current renewal fees:
- Active license: $190.00 ($140.00 renewal fee plus $50.00 Recovery Fund fee).
- Active license prorated: if initially licensed less than one year from your expiration date (02/01/2019 through 11/1/2019) then $120.00 ($70.00 renewal fee plus $50.00 Recovery Fund fee).
If your license is on inactive status you will need to submit a hard copy renewal form:
- Inactive license: $140.00 (renewal fee). No recovery fund fee is required for renewal of an inactive license until the license is reactivated.
- Inactive license prorated: if initially licensed less than a year from expiration date (02/01/2019 through 11/1/2019) $70.00 (half of renewal fee). No recovery fund fee is required for renewal of an inactive status license until the license is reactivated.
December 30, 2019
News from the real estate commission is that renewals are coming in slowly with no big spikes at this point. Online renewals are now available. If you would like links to walk you thru the process easily, follow the link below for details.
Online Renewal Process
The Online renewal process is fast and easy if you follow the steps below in order.
The Department of Commerce, Community, and Economic Development is introducing a new online feature to help you conveniently manage your professional license.
For Instructions:
https://www.commerce.alaska.gov/web/Portals/5/pub/MYLICENSErenewal.pdf
Issue #3
In our continuing series of the most common real estate complaints and violations in the industry, we are sharing the Statutory and Regulatory references you might find interesting. The next violation is Fraud and Misrepresentation.
Fraud/Misrepresentation
AS 08.88.071. Duties and powers of the commission; grounds for disciplinary sanctions. (a) The commission shall (3) after hearing, have the authority to suspend or revoke the license of a licensee or impose other disciplinary sanctions authorized under AS 08.01.075 on a licensee who
(A) with respect to a real estate transaction
- made a substantial misrepresentation;
- made a false promise likely to influence, persuade, or induce;
- in the case of a real estate broker, pursued a flagrant course of misrepresentation or made a false promise through another real estate licensee;
- has engaged in conduct that is fraudulent or dishonest.
December 26, 2019
Online renewals are now available. If you would like links to walk you thru the process easily, they are below.
We received some information the most common complaints and violations in the industry and the Statutory and Regulatory references you might find interesting. There were six areas that I will share over the holidays: Here’s the third in the series.
Common Complaints/Violations in the Industry Issue #2 Advertising
AS 08.88.311. Branch offices. (b) A branch office shall bear and be advertised only in the name of the principal office but may also indicate that it is a branch office.
AS 08.88.381. Signs. A real estate broker shall maintain a sign at each of the broker's registered real estate offices prominently showing the name of the real estate business as registered with the commission.
12 AAC 64.127. Office signs.
- The physical address of the office of a licensed real estate broker must be clearly identifiable to the public from outside the office.
- A real estate broker shall prominently display a sign showing the name of the real estate business at the entrance to the real estate office.
12 AAC 64.128. Home offices.
- An associate broker or salesperson working out of a home office that is not a principal office or a branch office may not
- give the appearance or impression that the home office is a principal office or a branch office;
- display a sign at the home office showing the name of the real estate business; or
- use the address of the home office in any form of advertising, business letterhead, or business cards for the real estate business; the address of the principal office or branch office from which the associate broker or salesperson conducts real estate business must be used in the advertising, business letterhead, or business cards for the real estate business.
Online Renewal Process
The Online renewal process is fast and easy if you follow the steps below in order.
The Department of Commerce, Community, and Economic Development is introducing a new online feature to help you conveniently manage your professional license.
For Instructions:
https://www.commerce.alaska.gov/web/Portals/5/pub/MYLICENSErenewal.pdf
ProfessionalLicense.Alaska.Gov/MYLICENSE
If you need your business License or entity number go here:
https://www.commerce.alaska.gov/cbp/main/
Using MY LICENSE will enable you to easily:
- Renew your professional license online.
- Update your email and mailing addresses.
- Go Paperless. Opt-in to receive electronic communication about licensure, regulations changes, and other important news.
To register for your MY LICENSE account, follow these steps:
1) Visit the MY LICENSE customer homepage at ProfessionalLicense.Alaska.Gov/MYLICENSE
2) If you have an existing myAlaska account, enter your information to log in. If you do not, or if you are unable to log in to your existing account, please create an account. Once created and logged in, you’ll be redirected to the MY LICENSE customer home page.
3) Select “Add an Existing License”. You will be prompted to select the type of license you wish to apply for.
You may have received a web authorization code via email in May. If so, you can try that same authorization code here. If you did not receive an email, cannot locate that email, or if you tried an authorization code that did not work, please contact license@alaska.gov to request your web authorization code
https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/RealEstateCommission.aspx
December 20, 2019
Last Thursday's AREC meeting was one of the most effective I have seen in years. There were several reports put forward by active committees in the area of Property Management and Education.
We received some information on the most common complaints and violations in the industry and the Statutory and Regulatory references you might find interesting.
There were six areas that I will share over the holidays:
Issue #1
Unhappy with Transaction/Representation
- AS 08.88.615. Duties owed by licensee in all licensee relationships. (a) Unless additional duties are agreed to in a written document signed by the person, and regardless of the type of licensee relationship in which the real estate licensee is acting, a real estate licensee owes the following duties to each person to whom the licensee provides specific assistance:
- the exercise of reasonable skill and care;
- honest and good faith dealing;
- the presentation of all written offers, written notices, and other written communications to and from the person in a timely manner regardless of whether the real estate is subject to an existing contract for sale or lease or the person is already a party to an existing contract to buy or lease real estate;
(5) accounting in a timely manner for all money and other property received from or on behalf of the person.
- AS 08.88.620. Duties owed by licensee representing a person. Unless additional duties are agreed to in a written document signed by the person represented by the licensee, a real estate licensee who represents the person owes the person the following duties in addition to the other duties imposed by AS 08.88.615:
- not taking action that the licensee knows is adverse or detrimental to the interest of the represented person in a real estate transaction;
- disclosure of a conflict of interest to the represented person in a timely manner. **also a violation of AS 08.88.071(a)(3)(A)(v) and AS 08.88.391**
Regulatory issues moved forward to make your job as a licensee better and easier.
Regulations were proposed to eliminate the requirement that a notarized document be included when applying for a license online. This would eliminate the need to send a separate notarized document through the mail to match up to the rest of the information included in the online registration. This will save time for staff in compiling the information from these two different sources and make it easier for licensees to submit everything that is needed through the online process.
Look for updates on the committee reports in the next posts.
November 25, 2019
Great Opportunity for Licensee looking to become involved in Commercial Real Estate.
PROPERTY MANAGER for Downtown Executive Office Center
The position is full time, includes benefits and salary is DOE.
POSITION DUTIES
* Oversee office support staff
* Recruit new tenants, both physical and virtual
* Maintain tenant satisfaction
QUALITIES
* Professional, excellent customer service skills and detail oriented.
EXPERIENCE, EDUCATION AND CERTIFICATIONS
*High school diploma or equivalent
*Licensed driver with reliable transportation
*Preferred licensed Real Estate agent with the Alaska Real Estate Commission or become licensed within (6) months of hire.
*Familiar with payables, receivables and profit/loss statements
*Marketing
*Proficient in Microsoft Office (Word, Excel, Outlook, etc.)
If you are interested and would like to learn more, submit your resume to: Randa@Alaskatraining.com
November 22, 2019
The Education Committee for the Alaska Real Estate Commission met yesterday. There were a number of recommendations to move areas of interest forward to the Real Estate Commission to get approval to empower the education committee to focus on a number of issues they believe are important to the industry.
- Review and reach out to industry to review and redesign pre-licensing and post licensing education curriculum for brokers and salespeople and identify subject matter and specific measurable learning objectives.
- Identify real estate industry education goals.
- Training session at committee meetings to define recommended mission and goals
- Receive information on what specific regulations and statutes are being violated to help pinpoint education topic/subject areas.
- Beginning dialog on Train the Trainer Workshop
The next real estate commission meeting is scheduled for December 15, 2019, and the next education committee meeting is scheduled for February 5, 2020. Both meetings will be available both live and the teleconference. Look for announcements on how you can join and have your voice heard.
I had the privilege of speaking at the last Alaska State Home Inspector meeting last Friday. In addition to my presentation, Robert Doehl, Director and Building Official for the Municipality of Anchorage Development Services, addressed the subject regarding smoke alarm requirements. There seems to be confusion on the requirements for interconnected smoke alarms on remodels and what building codes must be followed and when the building codes are grandfathered in.
Click here for Black Friday Savings
The trigger date relates to when the building was built. It is the building codes that were in place at the time, the property was built that apply, and do not need to be brought to current code under normal circumstances.
However, there are two exceptions. Smoke alarms and CO2 alarms in the new code requires that those detectors must talk to each other in the house. One way to tell whether they are connected is by pressing the test button on one, which should simultaneously make the other alarms ring. It is not necessary to rewire the property with the Bluetooth functionality that is available. However, it is important for real estate licensees, if they are paying attention, to make sure that there is an underwriting laboratory approval and not a cheap imported noncompliant alarm to reduce risk.
November 15, 2019
Two upcoming meetings for the AREC Education and AREC Property Management Committees next Thursday November 21, 2019.
Email us at randa@alaskatraining.com for details.
November 7, 2019
You may have seen on the recent listserv announcement that the two new committees for the Alaska Real Estate Commission met last week and elected to chairpersons. Both of the chairpersons work in the field of residential and commercial property management, which will enable the focus of those committees to address both residential and commercial sales and property management, including association management. The chairperson of the property management committee is Kassandra Taggart. The chairperson for the education committee is Tammy Krous. Congratulations to both of them and I know they are both committed to making the industry better
Other recent news includes the appointment of Jerry Royse to the Association of Real Estate License Law Officials (ARELLO) Education Compliance Committee. He is the first Alaska real estate broker appointed to this prestigious committee. It adds to his previous appointments to the National Association of REALTORS Education Committee for two years, the NAR Commercial Education Committee, the Alaska Association of REALTORS Education Committee, the Anchorage Board of REALTORS Education Committee, and the Education Chairman for the Alaska Real Estate Commission serving in that role for two years. He is also been reelected as the Education Liaison for the Alaska Real Estate Commission where he also serves as a Commissioner.
In the recent announcement through the listserv a reminder of the requirement to renew your E&O insurance policies for all licensees is fast approaching. After doing extensive research looking for alternatives, we have found E&O insurance options that cost less and have better coverage than the Rice Group policy. Many of our students have taken advantage and saved hundreds of dollars in their E&O policies. If you’d like to get a no obligation bid it’s really very fast and easy.
Fill out the form to request information about an alternative E&O insurance carrier.
Upcoming CE Classes:
Saturday-Sunday Nov 9-10
Thursday-Friday Nov 14-15, Special Property Management Focus
Saturday-Sunday Nov 16-17
Tuesday-Wednesday Nov 19-20, Special Teams Focus
November 4, 2019
Last renewal cycle we offered several specialized CE programs recognizing that different licensees have different business models and need updated information to know what to do to avoid risk and increase profits. These programs were a great success. So we are offering them again by popular demand. We are offering specialized live classes with attendees from around the state where you can network with peers and share their secrets and strategies for success, problem resolution, and growth strategies.
While our 20 hour live CE programs are relevant generally to all professions, these specialized programs allow us to drill down and really get into the details of specialized practices.
1. Specialized Broker CE Tomorrow Still Room.
Join brokers from around the state in this exciting CE program. By tailoring both required and elective classes specifically to brokers needs. You’ll learn some great secrets that you can immediately employ in your brokerage to increase profit and reduce risk. This gourmet program includes prime rib, you just can’t beat, so join us and learn from brokers around the state.
2. Custom Property Management CE Nov 14-15.
This is an exciting program we offer twice last license renewal cycle to great reviews. So we are bringing it back. Because property managers have their own needs. This program allows you to drill down and get the newest updates for your particular field. With property managers from around the state, managing both residential and commercial property, you will gain secrets from practitioners who have been there and face some of the issues that you face. Gain from the solutions they have come up with to make your property management practice better.
3. Specialized Team CE Nov 19-20
Teams have become a major component in the real estate industry in Alaska. But without much direction, best practices are sometimes are hard to find. This 20 hour CE program focuses specifically in the issues that teams need to consider or people who are considering putting a team together need to understand. It will be an exciting class. Be sure to join us if you’re considering a team or you want to refine the team that you already have.
4. Maui Registrations over 125 Strong & Growing
Our 21st annual EDGE Maui CE program is more exciting than ever. Enjoy advanced tax strategies that will help you become more valuable to yourself and your clients. Networking events are amazing and you will meet with the industry leaders from around the state. These are the people to do the business and you want to develop deeper relationship from them and learn from their success.
5. 2 Great AREC Committee Meetings: Watch for updates later this week
Last week we had 2 meetings for newly formed committees for the Alaska Real Estate Commission. Chairpersons were elected for both the education committee and the property management committee. Significant discussions occurred and it is exciting to see the work that will be done through these two committees. Look for updates later this week and I will outline some of the major talking points that were discussed in the direction the real estate commission is heading to help deliver better solutions for the industry.
The Alaska Real Estate Commission has scheduled 2 important meetings this week where you can make your voice heard.
The Property Management meeting will review current property management regulations and look for recommendations and problem areas where you think the Real Estate Commission should focus.
Property Management Regulation Committee, October 29, 2019 @ 2:00pm. Suite 1560
ZOOM Info: Join ZOOM meeting: https://zoom.us/j/436590011
Meeting ID: 666 987 700, Call-In: +1 669 900 6833
The AREC Education Committee Meeting will be meeting the following day and to join that teleconference use the login credentials below. The focus of this meeting will be to review the sales and broker prelicensing and post licensing curricula to make recommendations on areas that are not being addressed in those respective classes.
For 25 years people have known that the prelicensing class for salespeople does not really teach people what they need to know and we are committed to move forward to make the subject matter more relevant in both the prelicensing and post licensing classes for both salespeople and brokers.
Now is your chance to be heard. Both of these meetings include a public comment section at the beginning of the meeting. Because these meetings and their content must be approved by the real estate commission, ahead of time, we are restricted somewhat in these first meetings to focus only on that which is been approved by the full commission. However, with the public comment section at the beginning of both meetings, we will have an opportunity to address industry concerns so that we can add further agenda items to these committees at the next full real estate commission meeting on December 18. We can begin to address the challenges the industry faces and began to create solutions that help the industry and consumers alike.
Tentative REC Education Committee
Teleconference Meeting Agenda
October 30, 2019
ZOOM Info: Join ZOOM meeting: https://zoom.us/j/666987700
Meeting ID: 666 987 700, Call-In: +1 669 900 6833
I will be attending both meetings and hope to see and hear you online to hear your concerns and ideas to make this industry better.
October 22, 2019
Elections for Vice Chair and Education Liaison were held
Vice Chair Margaret Nelson
Education Liaison Jerry Royse
E&O Update
Since joining the commission I requested an audit of the Rice insurance group policy for the industry that they are required by contract to provide on a quarterly basis. The contract is been in place for 18 months, but it seems no one was looking very closely at the cost versus the benefits of the program. In reviewing the last 18 months of claims, here are the facts: $508,000 paid in premiums, $2,000 in claims paid. Do you think we should consider other approaches like self insurance with a secondary insurance to cover against large losses?
Regulations Update
There were 69 pages of almost unanimous opposition to the proposed regulations related to education, generated by the previous commission, that were to be decided at our last commission meeting. Much of the public testimony pointed out conflicts of interest, violations of the Ethics Law and Anti Trust elements that many people felt were designed to benefit one member of the commission at the expense of consumers and the industry. The proposed regulations were soundly defeated by the current AREC.
Education Committee has been authorized and invites will be going out on the List-serv.
We are looking for Volunteers
Initial Agenda Item authorization from the Board
Redesign of Pre and Post Licensing Curriculum
Defining measurable Learning Objectives in DCE
Sept 13, 2019
Next AREC Meeting September 25, 2019
10:30am
Atwood Building
Because written testimony is the only way to have your voice heard, read the regulations for yourself and any written comments need to be submitted to:
RegulationsAndPublicComment@alaska.gov
Additional agenda items open to discussion in writing and possible oral testimony include the new AREC Disclosure Document and the Waiver of Right to be Represented Drafts.
News Update:
-Jerry
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