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2005Meeting Minutes

Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
Meeting via Teleconference
June 16, 2005

MINUTES

Present via telephone: James Hughes, Chair, James O'Neill, Vice Chair, Patty Daniels and Laurie Dawley.

Absent: Don Marple

Others present via telephone: Pam Griebel, Assistant Attorney General

Staff present: Roger Hansen, Executive Officer; John Lundquist, Assistant Attorney General; Susan Griffel, Education Director; Jeff Evans, Auditor and Sylvia King, Staff.

Public: Paul McLaughlin (Iowa Association of Realtors).

The meeting was called to order at 9:05 a.m.

CLOSED SESSION

Motion made by Daniels, second O'Neill, to enter into closed session pursuant to Iowa Code 21.5(1)(d) and 21.5 (1)(f). Roll call vote as follows: Hughes, aye; O'Neill, aye and Daniels, aye Motion carried unanimously. (Dawley not on line at time of vote). Commission entered into closed session at 9:06 a.m. and returned to open session at 9:12 a.m.

INFORMAL SETTLEMENTS

Motion made by Daniels, second Dawley, to approve informal settlements on Cases
03-079, 03-080, 05-019 and 04-111. Roll call vote as follows: Hughes, aye; O'Neill, aye; Daniels, aye and Dawley, aye. Motion carried unanimously.

MEETING SCHEDULE

Future IREC meetings are scheduled as follows:

Commission Meetings:                Investigative Committee Meetings:

Thursday, July 14, 2005             Wednesday, July 13, 2005
                                                 (Dawley and Hughes)
Thursday, September 8, 2005   Wednesday, September 7, 2005
Thursday, November 3, 2005   Wednesday, November 2, 2005
Thursday, December 8, 2005    Wednesday, December 7, 2005

MINUTES

Motion made by Dawley, second Daniels, to approve May 26, 2005 minutes as written. Motion carried unanimously.

ADMINISTRATIVE RULES

Hansen opened discussion on proposed changes to administrative rules concerning the Residential Property Seller Disclosure Statement. Dawley moved, second O'Neill to table discussion until the July meeting. Motion carried unanimously.

CORRESPONDENCE TO THE COMMISSION

Hansen opened discussion on correspondence received from Robert J. Reisinger, Executive Vice President, Waterloo - Cedar Falls Board of Realtors, dated June 2, 2005, and distributed to Commission members on June 6, 2005. Hansen stated that he responded by letter to Reisinger, citing existing real estate rules concerning listing agreements, and asked from comments from Commissioners. Members agreed written listings are mandatory and should be prepared regardless of the situation, filed for record, and audited as necessary. The second issue of Reisinger's correspondence
related to the commission distributing an audit checklist. Evans will respond to Reisinger's request in a separate letter.

COMMISSIONER REPORTS

No reports.

ASSISTANT ATTORNEY GENERAL'S REPORT

No report.

STAFF REPORTS

Hansen gave a status report on the new fingerprinting/background check requirement, stating an issue remains outstanding on the status of the fingerprint cards which should be resolved shortly. A mass mailing information letter will be completed this week to all brokers and firms concerned.

Hansen added that approval was granted for one new staff for background checks, but the position may not be filled until after the July 1, 2005, start date. There is an additional request in for an investigator/compliance officer for the Commission. As a result of increased staff, office space and requirements will increase and will likely result in a request for a budget increase next year.

PUBLIC COMMENT

McLaughlin reported that there is an ongoing lawsuit involving Larry Stewart, broker, concerning lack of a listing agreement in the sale of a commercial property.

McLaughlin stated that as a result of the lawsuit and ruling on agentsbeware.com, there may be a need to define "listing" in the law or administrative rules.

In closing, McLaughlin indicated he had received contact from a few brokers relating to confusion and or authority to conduct a compliance audit of transaction records in conjunction with the trust account audit. Hansen directed McLaughlin to existing law and administrative rules that state audits concern both compliance and trust account. Evans stated that he will review existing correspondence notices send to brokers and ensure that all future mailings in regards to trust account audits refer to rule 193E-13.5(543B).

MEETING ADJOURNED

Motion made by Dawley, second Daniels, to adjourn. Motion carried unanimously. Meeting adjourned at 10:05 a.m.




If you require the assistance of auxiliary aids or services to participate in or attend the meeting because of a disability, please call our ADA Coordinator at (515) 281-7468, if you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.

 

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