Iowa Real Estate Commission
1920 SE Hulsizer Road
Ankeny, IA 50021
Meeting via Teleconference
June 16, 2005
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.
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.
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.
Future IREC meetings are scheduled as follows:
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
Motion made by Dawley, second Daniels, to approve May 26, 2005 minutes as written.
Motion carried unanimously.
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.
ASSISTANT ATTORNEY GENERAL'S REPORT
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.
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).
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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