State cracks down on real estate broker

Screen Shot 2014-12-12 at 5.48.09 AMBy Philip Haldiman. Editor in Chief | The Dealmaker

A real estate broker could lose her license for negligence, misrepresenting her clients and mishandling as much as $30,000, documents show.

The Arizona Department of Real Estate has ordered Christina Kirby, designated broker for Desert Summit Realty, to cease and desist from engaging in any rental and/or leasing activity and property management activity in Arizona.

Desert Summit Realty deals in home sales and management for a number of properties throughout the Valley and has also been ordered to cease and desist.

Kirby did not return requests for an interview.

Sarah Dobbins, chief of staff for the Arizona Department of Real Estate, said she cannot comment on open investigative cases.

Kirby’s case is now being considered by the enforcement and compliance division of the department

According to documents, the investigation found Kirby failed to exercise reasonable supervision over her brokerage, was negligent and incompetent, misrepresented her clients and tenants, as well as failed to respond to an investigation.

Department staff conducted an audit including a review of financial records July through December, 2013, finding a shortage of funds in the amount of $22,703, Kirby also indicated that other accounts were underfunded by $8,000, documents show.

In November, clients Floyd and Peggy Wilson filed a complaint with the department after Kirby issued them a check for $20,000, which the bank did not honor.

She later admitted to issuing the check knowing it was underfunded, according to documents.

Documents also state Kirby failed to respond to at least two department requests for information.

Kirby has until Jan. 3 to appeal the decision. She and Desert Summit Realty may not engage in rental and leasing activities.

After the appeal date, Commissioner Judy Lowe may decide to deny, suspend, or revoke Kirby’s license.

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