In March 2005, Governor Gregoire appointed Liz Luce
Director of the Department of Licensing. The governor also
appointed three (3) Windermere licensees to the Real Estate Commission
(Cate Moyé, Dan Murphy, and Jeff Thompson).
October 17, 2005
We made a telephone query to the Washington Department
of Licensing. Without mentioning the name
of the real estate agent or the agency, we described what had happened
to us (case
summary). Karen Jarvis, Program Manager, Real Estate
Regulatory and Enforcement Unit, Business and Professions
Division, told us that a real estate agent is perfectly entitled to run
whatever business he wants in addition to his
real estate business.
Sandra Spencer, Investigations Manager of the
Department of Licensing, Real Estate Unit, announced the findings of
the investigation: "After examination of the documents and
information available to us, we have determined that the
evidence does not rise to the level to support the issuance of charges
against Mr. Stickney's real
estate license."
Sandra Spencer, Investigations Manager of the
Department of Licensing, Real Estate Unit, wrote to explain the
findings of the investigation. We understood by her language that
the DOL lacked sufficient resources to pursue prosecution at this
time. However, given the decision of a court of competent
jurisdiction, DOL may reopen the case.
We wrote to the DOL announcing the verdict and judgment
of the Superior Court against Paul Stickney and Windermere. Now
that a "court of competent jurisdiction" had spoken, what would DOL do?
We received a letter from Karen Jarvis, Program
Manager, Real Estate Regulatory and Enforcement Unit, Business and
Professions Division, Department of Licensing. Jarvis reargued
the case from Windermere's playbook, and stated that "a violation of
the Consumer Protection Act is not a violation of the Real Estate
Licensing Laws." How could "unfair and deceptive practices" (to
quote the Consumer Protection Act) not be a violation of the
Law of Real Estate?
We wrote to Liz Luce, Director, Washington Department
of Licensing, protesting DOL's decision to find nothing wrong and take
no action. Luce did not reply.
Lee Malott, Administrator of Real Estate Programs,
answered our letter on behalf of Luce. By coincidence, we were
already familiar with the work of Malott through the Gary Kruger case.
We wrote to our Washington State Senator, Rodney Tom,
asking him to help arrange the filing of a Writ of Mandamus against the
DOL to force them to apply the law to the real estate industry.
By coincidence, Tom is a licensed Windermere associate broker.
We wrote to Washington Governor Christine Gregoire,
telling her that the Department of Licensing has bunked in with the
Windermere law-breakers, making the DOL a part of the syndicate.
We provided a list of cases showing DOL's record of past conduct.
Gov. Gregoire did not answer our letter. Instead,
our letter to Gregoire was answered on her behalf by Ralph C. Osgood,
Department of Licensing, Assistant Director, Business and Professions
Division. Osgood stated that the DOL would monitor Windermere's
appeal in our case and may take action when the court issues a
decision. This is somewhat ironic because Osgood is Jarvis's
administrative supervisor, and Jarvis had told us only a few months
previously that Stickney had done nothing wrong. (Ralph C. Osgood
is also the mayor of
Tumwater, cached.)
We wrote to Gov. Gregoire, surprised that John Jacobi's power extended
all the way to her office, and reminded her that it was not nice to
give our letter to the object of our complaint (DOL) to answer on her
behalf. When Elliot Ness received documented reports that Al
Capone wasn't paying his income taxes, did Ness turn the reports over
to Capone so Capone could answer the charges?
June 19, 2009
Carol DeCoursey spoke by telephone to "Cheryl," one of
Gregoire's assistants. Cheryl refused to give her last name or
her email address, admitted having the April
22, 2009 letter and Osgood's response,
but told Carol emphatically that Gregoire "stands behind the DOL."
At the Windermere Cup event, victims of Windermere
distributed
the May 7, 2001 Washington Messenger flyer, "Legalizing Crime
in
Washington: The Windermere Prototype." The pamphlet explains how
the
Department of Licensing is violating its mandate and endangering
consumers by licensing criminals and scofflaw corporations. We
focus on the help his office gives the Department of Licensing
and Windermere.
Liz Luce, the embattled director of the Department of
Licensing,
announces she is stepping down at the end of June. Ms. Luce says
she wants to spend more time in her home town.
We are surprised at Washington government's flagrant
disregard of Washington law. In our case, Paul
Stickney was our DOL-licensed real estate agent, and Windermere our
licensed agency. Stickney/Windermere were
found by the jury to be in violation of the Consumer Protection
Act. With the blessings of Gov. Gregoire and
Licensing Director Elizabeth Luce, Karen Jarvis of the DOL has decided
that "a violation of the Consumer Protection Act
is not a violation of the Real Estate Licensing Laws."
Readers of this page will also want to learn how the Attorney General of Washington, Rob
McKenna, aids and abets DOL's flouting state law.
Readers may also be interested in the depth of penetration
Windermere has achieved in the state government. Our
state senator, Rodney Tom, is a long time Windermere associate
broker. We have asked Tom to look into the DOL problem for us,
and he answered with a telephone call. We tell about that call on
the Rodney Tom page.
(1)
Regardless of whether the licensee is an agent, a licensee owes to all
parties to whom the licensee renders real estate brokerage services the
following duties, which may not be waived:
