The Mississippi Real Estate Commission has suspended the license of a Columbia real estate broker for six months.
The commission punished Fred Buhrer after finding he allowed agent Mickey Webb to sell real estate under him while Webb’s license was inactive, according to an agreement between Buhrer and the commission signed on Aug. 7.
The commission also found that Buhrer publicly advertised salespersons on his website who were not licensed under him as the principal broker.
“Said conduct evidences a careless or reckless indifference and demeanor toward the Commission rules and warrants severe sanctions being imposed against respondent Buhrer,” the report reads.
The suspension started Sept. 1, and the six-month suspension will be followed by six months of probation, the order said. Buhrer also must complete eight hours of continuing education.
Buhrer did not respond to requests for comment.
Webb said this week that he will remain inactive for the duration of Buhrer’s six-month suspension.
“He did not know my status, so he was then held accountable for it. It will be cleared up when it’s over,” Webb said. “It didn’t affect Fred as an appraiser. He did nothing unethical as far as clients go. Most agents work directly with their broker in the office; I work out of my own office. It was basically a lapse.”
In March 2018, the commission said it received an anonymous mailing of a photograph depicting a real estate sign posted on property for sale in the Columbia area. The sign displayed the name of Mickey Webb as an agent with Fred Buhrer Real Estate. Without any explanation included, the commission staff then investigated, it said.
The commission said it found Webb’s license had been inactive since July 2015 due to a deficiency in his proof to the commission of having errors and omissions insurance coverage.
According to the commission, Webb continued to market multiple properties and engage in other licensable activities. Buhrer signed documents involved in at least some of the transactions and had direct knowledge of the activities of his salesperson, the commission said. The commission also noted that some of the transactional documents were lacking in material terms, such as selling prices in listing agreements, and no informational statement for the property condition disclosure statement.
“One notice was all I received to my knowledge. I automatically became inactive. Then somebody noticed it,” Webb said. “They sent us a notice, and they came and checked things out. They checked all my files, so they said I had to go inactive.”
Commission representatives also visited the company’s website as a means of confirming Webb’s relationship held out to the public and for contact information for Buhrer, it said.
“It was then discovered that Buhrer had three other persons listed on his website that were not now and had not been agents with respondent Buhrer for two years or more,” the report reads. “Additionally, Respondent Webb’s name was not shown on this website.”
When checked Thursday, the website did not list Buhrer as an agent, only Kay S. Patterson and Danon Jones Vest. A newspaper ad for Fred Buhrer Real Estate Inc. lists Patterson under “Broker/REALTOR/Sales” and Buhrer as “Certified General Appraiser.”
