BEFORE THE MISSISSIPPI REAL ESTATE COMMISSION

cAsFl No. l7-2011

IN RE: THE MATTER OF MARK WARREN, PRJNCIPAL BROKER(LICENSE No. 15174)

NOTICE OF ALLEGED VIOLAI'IONS AND OPPORTTINITY FORINFORMAL RESOLUTION; WAIVER OF FORMAL COMPLAINT

November 6, 2020

Mark Warren1070 Lake Village Cir., Ste. B

Brandon, MS 39047

Dear Mr. Warren:

PLEASE, TAKE NOTICE that the lnvesti gative Stalf of the Mississippi Real Estate Commission("Commission") identitied alleged violations of the Real Estate Brokers License Law of 1954

(Miss. Code Am. $$73-35-1, et seq.) and/or the Administrative Rules and Regulations of the

Comrnission regarding certain licensable real estate activityiactivities, all as set forth below.

The lnvestigative StatT and legal counsel have recommended that this matter be resolved

infbrmally. in lieu ol proceeding to the issuance of a formal Commission Complaint and

subsequent administrative hearing befbre the Commission.

Upon your express agreement with the recornmended terms fbr resolution of this matter and waiverof your right to the issuance of a formal Complaint and administrative hearing, the Commission

Administrator will recommend a resolution and disposition of this matter, pending final approval

by the Commission. NOTE: If you agree to the informal resolution of this matter as

recommended below, please sign/date where indicated and return this document to theCommission within ten (10) days.

Infbrmal Resolution:

1,

You are not required to agree to ar.r infbrmal resolution of this matter as recommended. You have

the right to have the Commission prepare a formal Complaint with notice of the allegations against

you, as well as the opportunity to rcspond to the specific allegations at a formal disciplinary hearing

before the Commission. At a hearing, you may be represented by counsel and may present

u,itnesses and other evidence on your behalt'.

ALLEGED VIOLATION(S):

Thc above and lbregoing described aots and omissions constitute violations ofthe Mississippi Real

Estate Brokers License Act of 1954, as amended, Miss. Code Ann. {rs73-35-1 , et seq.. and the

Rules and Regulations of'the Cornnrission, and, more specifically, Miss. Code Ann. $73-35-21(l)and Rules 3.1 A, & F, and 3.3 which provide. in relevant parts, duties ofa real estate Iicensee, and

proscribed aotions and omissions ir.r the conduct olreal estate activities lbr which the Commission

has the power to sanction a licensee as the Commission deems appropriate:

RULE 3.I: General Duties

A. lt shall he the duty ofthe responsible broker to instruct the licensees licensed under that

broker in the tirnclarnentals ofreal estate practice, ethics of the profession and the Mississippi

Real Estate License Law and to exercise supervrsion oftheir real estate activities fbr which a

license is required.

F. Any licensee ...r.r.ho fails or neglects to abide by Mississippi Real Estate Commission's Rules

and Regulations shall be deemed, prima facie, to be guilty of improper dealing.

llule i.3 Advertising

A. "i\dvertising" means the use of any oral, w'ritten. visual, prirlted or electronically generated

advertisement by a real estale licensee or other person on behali'of a real estate licensee.

"Advertisement" means any oral. written, visual, printed or electronic media advertisement and

encompasses any correspondence, mailing, newsletter, brochure, business card, lbr sale or for lease

signage or sign rider, promotional items, automobile signage, telephone directory listing, radio and

television broadcasts, telephone solicitation and electronic media to include e-mails, textmessaging, public blogs, social media networking websites. and/or internet displays.

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Right to Proceed to Formal Complaint/Administrative llearing:

B. A broker shall advertise in the nane in which the license is issued. A broker may use a

descriprive tenn after the broker's name to indicate the occupation in which engaged. for example,

"realty", "real estate" or "propefty management". If advertising in any other form, a partnership,

trade name. association. company or corporation license must be obtained prior to advertising in

that manner.

All advertising must be under thc direct supervision and in the name ol'the Principal Broker or in

the name ofthe real estatc Brokerage Firm and must prominently displal the name ofthe Principal

Broker or the name of'the Brokerage Firm in such a manner that it is conspicuous, discemible and

easily identifrable by a member ollhe public.

Principal Brokers are required to veri11' and determine that their name or the name ofthe Brokerage

Firm is promir.rently displayed on all advertising and that the name ol any real estate licensee or

any approved real estate 'l-eam or Group is situated near the name o1'the Brokerage Firm. The

Broker or the Brokerage Firm must be identilied by using the same size or lzLrger print as that ofaLicensee or a Team in all advertisins. All advertising must include the telephone number of the

Principal Broker or the Brokerage F-irm.

II.

RI.]C]OM M I'N DA'IION AND OFI,-E R FOR IN FOIi.MAL IIESOLUI-ION

I) FORMAL LETTER OF REPRIMANI)

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Upon revieu' and consideration of the Commission Investigative StalT and legal counsel, it is

recommencled and ofT'ered by the Commission that this matter be resolved as follows:

III.

ACKNOWLtIlXlEMEn*T AND WAIvER

As evidenced by my signature below, and expressed acceptance of the recommendation for

resolution of this disciplinary matter as proposed, I, Mark Warren. acknowledge and agree as

follows:

l. I understand and acknowledge that my real estate license is subject to sanction by the

Mississippi Real Estate Commission fbr any alleged violations of the Mississippi Real

Estate Brokers License Act of 1954 (Miss. Code Ann. $$73-35-l, et seq.) andlor of the

Rules and Regulations ofthe Commission, as set forth herein.

2. I am aware of my rights, both substantive and procedural, regarding the nature of the

a llcgations brought against me.

3. I acknowledge that I have the right to reluse to accept the proposed informal resolution

of this matter as presented and that I may elect to have a formal Complaint issued by

the Commission regarding the allegations brought against me and the choice to proceed

to an administrative hearing with full due process.

4. After due consideration of my procedural and substantive rights, the possible adverse

effect or, my license that could result afier an administrative hearing, and the liketihood

olthe Commission prevailing in the presentation olproofofthe violations as alleged,

I hereby expressly WAIVE my right to have a fbrmal Complaint issued by the

Commission in this matter and for an administrative hearing, and consent to proceed in

this matter by informal adjudication and resolution as offered and recommended herein.

5. I acknowledge that the resolution of this disciplinary matter shall be public record and

spread upon the Minutes of the Commission as its official act and deed.

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6. I expressly WAIVE any and all objections or legal challenges I may have regarding or

arising out ofthis matter, the entry of the t-rnal record ofdisposition as set tbrth herein,

or any of its terms. Further, I WAIVE any objections or legal challenges to the

Commission in taking this matter up preliminarily for the purpose of considering and

voting on whether to approve the informal disposition of this matter as recommended.

7. I acknorvledge and agree that should the Commission deny approval of the infbrmal

resolution of this matter, I remain entitled to a lair and impartial administrative hearing,

with iull due process, regarding the allegations set forth herein.

I, Mark Warren, acknowledge and agree to the informal disposition olthis nlatter as set forth

herein.

Datc:ItK ARREN. Principal Broker

APPROVED:

MISSISSIPPI REAL ESTATE, COMVIISSION

BY Date:R BERT I]. PRN llliltr strut()r

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BEFORE THB MISSISSIPPI REAL ESTATE COMMISSION

CASE NO. 17-2011

IN RE: THE MATTER OT.SHELIA NICHOLAS, SALESPERSON(LICENSE No. 13554)

NOTICE OF ALLEGED VIOLATIONS AND OPPORTUNITY FORINFORMAL RESOLUTION; WAMR OF FORMAL COMPLAIN'I

November 6. 2020

Shelia Nicholas1070 Lake Viltage Cir., Ste. BBrandon, MS 39047

I)ear Ms. Nicholas

PLEASE TAKE NOTICE that the Invesligative Staff of the Mississippi Real Estate Commission("Commission") identified alleged violations of the Real Estate Brokers License Law of 1954

(Miss. Code Ann. $$73-35-l , et seq.\ ar.rd/or the Administrative Rules and Regulations of the

Clommission regarding certain licensable real estate activity/activities, all as set lbrth below.

The Investigative Staff and legal counsel have recommended that this matter be resolved

informally. in lieu of proceeding to the issuance of a formal Commission Complaint and

subsequent administrative hearing befbre the Commission.

1

Infbmal Resolution:

Upon your express agreement with the recomrnended terms fbr resolution of this matter and waiver

of your right to the issuance of a lbrmal Complaint and administrative hearing, the Comrnission

Administrator will recommend a resolution and disposition of this matter, pending tinal approval

by the Commission. NOTE: If you agree to the informal resolution of this matter as

recommended below, please sign/date where indicated and return this document to theCommission within ten (10) days.

Risht to Proceed to Formal Complaint/Administrative Hearinc,:

You are not required to agree to an inlbrmal resolution of this matter as recommended. You have

the right to have the Commission prepare a formal Complaint with notice of the allegations against

you, as well as the opportunity to respond to the specific allegations at a formal disciplinary hearing

before the Commission. At a hearing, you may be represented by counsel and may present

witnesses and other evidence on your behalf.

ALLEGED VIOLATION(S):

'lhe above and lbregoing described acts and omissions constitute violations ofthe Mississippi Real

Estate Brokers License Act of 1954, as amended, Miss. Code Ann. gg73-35-1 , el seq., and the

Rules and Regulations of the Commission, and, more specitically, Miss. Code Ann. $73-35-21(l)and Rules 3.1 f, and 3.3 which provide, in relevant parts, duties ofa real estate licensee, and

proscribed actions and omissions in the conduct ofreal estate activities for which the Commission

has the power to sanction a licensee as the Commission deems appropriate:

F. Any licensee ...who fails or neglects to abide by Mississippi Real Estate Commission's Rulesand Regulations shall be deemed, prima facie, to be guilty of improper dealing.

Rule i.3 Adr,'ertising

A. "Advertising" means the use of any oral, written. visual, printed or electronically generated

advertisement by a real estate licensee or other person on behalfofa real estate licensee.

"Advertisement" means any oral, written, visual, printed or electronic media advertisement and

encompasses any correspondence, mailing, newsletter, brochure, business card, for sale or for lease

signage or sign rider, promotional items, automobile signage, telephone directory Iisting, radio andtelevision broadcasts, telephone solicitation and electronic media to include e-mails, textmessaging, public blogs, social media networking websites, andior internet displays.

2

RULE 3. I : General Duties

I.

B. A broker shall advertise in the name in which the license is issued. A broker may use a

descriptive term after the broker's name to indicate the occupation in which engaged, for example,

"realty", "real estate" or "property management". [l advertising in any other fbrm, a partnership,

trade name. association, company or corporation license must be obtained prior to advertising inthat manner.

All advertising must be under the direot supervision and in the name ofthe Principal Broker or inthe name of the real estate Brokerage Finr and must prominently display the name of the Principal

Broker or the name ofthe Brokerage Firm in such a manner that it is conspicuous. discemible and

easily identitiable by a member of the public.

Principal Brokers are required to verily and determine that their name or the name ofthe Brokerage

Firm is prominently displayed on all advertising and that the name of any real estate licensee orany approved real estate Team or Group is situated near the name of the Brokerage Firm. The

Broker or the Brokerage Firm must be identified by using the same size or larger print as that ofa[,icensee or a Team in all advertising. All advertisi ng must include the telephone number of the

Principal Broker or the Brokerage Firnr

I I.

RECOMMENDATION AND OFFER FOR INFORNI,{t, R-ESOLTITION

Upon review and consideration of the Commission Investigative Staff and legal counsel. it is

recommended and off-ered by the Commission that this matter be resolved as fbllows:

I) FOILMAL LETTER OF REPRIMAND

III.

ACKNOWLEDG ENIENT AND WAIVER

As evidenced by my signature below, and expressed acceptance of the recommendation for

resolution of this disciplinary matter as proposed, I, Shelia Nicholas, acknowledge and agree as

follows:

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1. I understand and acknowledge that my real estate license is subject to sanction by the

Mississippi Real Estate Commission ibr any alleged violations of the Mississippi Real

Estate Brokers l,icense Act of I 954 (Miss. Code Ann. $973-35-1, er seq.) and/or ofthe

Rules and Regulations of the Commission, as set forlh hcrein.

2. l am aware of rny rights, both substantive and procedural, regarding the nature of the

allegations brought against me.

3. I acknowledge that I have the right to refuse to accepl the proposed informal resolution

of this matter as presented and that I may elect to have a formal Complaint issued by

the Commission regarding the allegations brought against me and the choice to proceed

to an administrative hearing with full due process.

4. Alier: clue consideration of my procednral and substantive rights, the possible adverse

ef'fect on rny license that could result after an administrative hearing, and the likelihood

of ihe Comrnission prevailing in the preser.rtation of ploof of the violations as alleged,

I hereby expressly WAIVE rny right to have a formal Complaint issued by the

Commission in this matter and lbr an administrative hearing, and consent to proceed in

this matter by inlbrmal adjudication and resolution as offered and recommended herein.

5. I acknowledge that the resolulion of this disciplinary matter shall be public record and

spread upon the Minutes of the Commission as its olficial act and deed.

6. I expressly WAIVE any and all objections or legal challenges I may have regarding or

arising out ofthis matter. the entry ofthe final record ofdisposition as set forth herein,

or any of its terms. Further, I WAIVE any objections or legal challenges to the

Commission in taking this rnatter up preliminarily for the purpose of considering and

voting on whether to approve the informal disposition of this matter as recommended.

4

7. I acknowledge and agree that should the Commission deny approval of the informal

resolution ofthis matter, I renrain entitled to a lair and impartial administrative hearing,

with lull due process, regarding the allegations set forth herein.

I, SHELIA NICHOLAS, acknowledge and agree to the inibrmal disposition of this matter as

sel forth herein.

o^r" , t/r/zc>z<>SHELIA NICHOI-AS, Salesperson

APPITOVED:

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