WV Real Estate Commission

May
17

May Commission Meeting

300 Capitol Street, Suite 400, Charleston, WV

Wednesday, May 17 2023

9:00am - 1:00pm EDT

Regular monthly meeting of the Commission.

Agenda

  1. Call to Order
    9:00 am EDT
  2. Approval of Minutes

    April 19, 2023

  3. Appearance

    None

  4. Application/Licensee Issues
    1. Applicant/Licensees Requiring Special Consideration
    2. Consideration of Broker Application
    3. Other Licensee/Applicant Issues
  5. Complaints and Investigations
    1. May Matrix - Complaints and Investigations
    2. Complaints
      1. P-23-020
        Rob Plume profile image
      2. P-23-038
        Rob Plume profile image
      3. P-23-039
        Rob Plume profile image
      4. P-23-040
        Rob Plume profile image
      5. L-23-041
        Rob Plume profile image
      6. L-23-042
        Rob Plume profile image
      7. L-23-043
        Rob Plume profile image
      8. P-23-044
        Rob Plume profile image
    3. Investigations
      1. I-23-005
        Rob Plume profile image
      2. I-23-008
        Rob Plume profile image
      3. I-23-009 & I-23-010
        Rob Plume profile image
      4. I-23-015
        Rob Plume profile image
      5. I-23-017
        Rob Plume profile image
      6. I-23-018
        Rob Plume profile image
      7. I-23-019
        Rob Plume profile image
      8. I-23-020
        Rob Plume profile image
      9. I-23-021
        Rob Plume profile image

        Selling an equitable interest in an assignable contract

      10. I-23-024
        Rob Plume profile image

        Investigation in process. Unlicensed out of state agents feel they can request showings of WV properties because their company is licensed in WV.

  6. Reports
    1. Executive Director Report
      1. Settlement/Compliance Report
        Keri Ferro profile image
        Rob Plume profile image

        As of May 9, 2023 - Four signed Consent Decrees have been received:

        • C-23-019 (signed CD received, but no payment was received - due in 30 days)
        • C-23-022 (signed CD, awaiting completion of required CE)
        • C-23-033 (signed CD, awaiting completion of required CE)
        • C-23-035 (fully executed and payment received)

        As of May 9, 2023 - One Consent Decree has not been returned:

        • C-23-018

        Update on signed Consent Decrees:

        • P-23-017 - Respondent Holbert completed the Agency CE requirement. Awaiting Respondent Fidler to complete the requirement.
      2. MV Realty
        Keri Ferro profile image

        There was a lot of discussion at ARELLO around MV Realty - this is just an FYI.

        North Carolina sues MV Realty

        Screenshot of MV Realty's Program

    2. Budget/Financial Report
      1. Monthly Budget
      2. Fee Summary Report
    3. Broker Audit Matrix
      Rob Plume profile image
    4. Education Report
      1. Examination Performance Summary
      2. CE Broker - Disciplinary Action
      3. CE complaint
    5. New Licensee Report
    6. Legislative Report

      Updated rules with amendments required per HB3203

  7. Personnel Matters

    None

  8. Miscellaneous Matters
    1. Agency
    2. Offers of Consumer Rebates, Inducements & Other Discounts
    3. Out of State Brokers - Office Requirement
  9. Travel and Per Diem Expenses
  10. Future Meetings

    Discussion of July & September date change. 

    1. June 28, 2023
    2. July 19, 2023
    3. August 16, 2023
    4. September 20, 2023
  11. Adjournment

Minutes Tab

WV Real Estate Commission
org logo

May Commission Meeting

Wed May 17, 2023 1:00 PM - 5:00 PM UTC

Attendance

Members

Present: Keri Ferro, Bob Kennen, Rob Plume, Steve Walker, Joseph Bevil, Bob Wright, Anthony Eates

Remote: margie bartles

Absent: Lindsey Ridener

Call to Order

Chairperson called the meeting to order at 9:00am.

Approval of Minutes

April 19, 2023

Appearance

None

Application/Licensee Issues

Motion to enter Executive Session:  A motion was made to enter executive session to consider matters described in WV Code 6-9A-4(b)(2)(A), (4), (6) and/or (7) and passed.  

Motion to leave Executive Session:   A motion was made to leave Executive Session and passed.  

Applicant/Licensees Requiring Special Consideration

None

Consideration of Broker Application

A motion was made to approve licensee Richmond's broker application and passed.

A motion was made to approve licensee Joran's broker application and passed.

A motion was made to approve licensee Foster's broker application and passed.

Other Licensee/Applicant Issues

None

Complaints and Investigations

May Matrix - Complaints and Investigations

Complaints

P-23-020

A motion was made to table to next meeting; motion passed.

P-23-038

A motion was made to table to next meeting; motion passed.

P-23-039

A motion was made to table to next meeting; motion passed.

P-23-040

A motion was made to find no probable cause; motion passed.

L-23-041

A motion was made to table to next meeting; motion passed.

L-23-042

A motion was made to table to next meeting; motion passed.

L-23-043

A motion was made to find no probable cause; motion passed.

P-23-044

A motion was made to find no probable cause; motion passed.

Investigations

All investigations were discussed.  All questions and concerns were addressed.

I-23-005

I-23-008

I-23-009 & I-23-010

I-23-015

I-23-017

I-23-018

I-23-019

I-23-020

I-23-021

Selling an equitable interest in an assignable contract

I-23-024

Investigation in process. Unlicensed out of state agents feel they can request showings of WV properties because their company is licensed in WV.

Reports

Executive Director Report

Executive Director Ferro presented  settlement/compliance report and the matter of MV Realty.  All questions and concerns were addressed.

Settlement/Compliance Report

As of May 9, 2023 - Four signed Consent Decrees have been received:

  • C-23-019 (signed CD received, but no payment was received - due in 30 days)
  • C-23-022 (signed CD, awaiting completion of required CE)
  • C-23-033 (signed CD, awaiting completion of required CE)
  • C-23-035 (fully executed and payment received)

As of May 9, 2023 - One Consent Decree has not been returned:

  • C-23-018

Update on signed Consent Decrees:

  • P-23-017 - Respondent Holbert completed the Agency CE requirement. Awaiting Respondent Fidler to complete the requirement.

MV Realty

There was a lot of discussion at ARELLO around MV Realty - this is just an FYI.

North Carolina sues MV Realty

Screenshot of MV Realty's Program

Budget/Financial Report

Budget and finances were reviewed and all questions and concerns were addressed.  Commissioner Wright moves to accept financial report; motion passed.

Monthly Budget

Fee Summary Report

Broker Audit Matrix

Broker reports were reviewed and all questions and concerns were addressed.

Education Report

Year to date exam data were reviewed, CE Broker will be used to track mandatory CEs for disciplinary action, and CE complaint was reviewed.  All questions and concerns were addressed.

Examination Performance Summary

CE Broker - Disciplinary Action

CE complaint

New Licensee Report

New licensee report was presented.

Legislative Report

Updated rules with amendments required per HB3203

Changes to rules were reviewed and confirmed.   Commissioner Wright made a motion to approve amended rules to be filed; Motion carried unanimously.

Personnel Matters

None

Miscellaneous Matters

All matters were discussed and question and concerns addressed.

Agency

Offers of Consumer Rebates, Inducements & Other Discounts

Out of State Brokers - Office Requirement

Travel and Per Diem Expenses

Future Meetings

Discussion of July & September date change. 

Changes to meeting dates were discussed; no changes made at this time.

June 28, 2023

July 19, 2023

August 16, 2023

September 20, 2023

Adjournment

Commissioner Bartles moved to adjourn; motion passed

Attendance

Members

Name Attendance

margie bartles

Joseph Bevil

Anthony Eates

Keri Ferro

Bob Kennen

Rob Plume

Lindsey Ridener

Steve Walker

Bob Wright

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