La Pine woman loses broker’s license
Published 12:00 am Saturday, June 11, 2016
The Oregon Real Estate Agency revoked a La Pine woman’s real estate license in April for fraud or dishonest conduct stemming from deleting potential sales information from a former employer’s computers in 2013.
Misty Heater pleaded no contest in December 2013 to one count of unauthorized use of a computer, a misdemeanor, according to Deschutes County Circuit Court records online. Heater received 12 months probation and agreed to an undisclosed amount of restitution, according to court records and the Real Estate Agency’s recently released final order in the case.
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Heater left Village Properties of Sunriver LLC in January 2013 to work for another brokerage in Bend, until October 2013, according to the agency. As marketing manager for Village Properties, Heater knew her co-workers’ login information, and in February and March 2013 used that information to access Village Properties computer system, according to Samantha Fair, an administrative law judge with the state Office of Administrative Hearings.
Once in the system, she deleted 31 leads — contact information for prospective clients — and other information, including toll-free numbers for Village Properties. She also listened to a recorded phone conversation and altered the Village Properties website, which prevented clients from contacting the company. Village Properties manages vacation and long-term rentals in Sunriver, as well as brokering real estate sales.
As a result of Heater’s actions, Village Properties received 246 fewer calls between Feb. 1 and March 15, 2013, than it did during the same period the previous year, according to the agency. That cost Village Properties about $34,880 in lost revenue, the agency found.
Thursday, Heater said the information provided the Real Estate Agency by Mark Halvorsen, owner and principal broker at Village Properties, is inaccurate. She told an agency investigator that Village Properties allowed her to access its computer system. Halvorsen declined comment Thursday.
Heater said she could not afford to fight the criminal charge and pleaded no contest instead.
“It was the biggest mistake I made, instead of using everything I had to fight it,” she said Thursday. “It cost me more than I know.”
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In the administrative case, Heater instructed her attorney, Steven Cox, of McMinnville, to make no response to the agency motion in February seeking to revoke her license. Fair, the administrative law judge, found no issue with the case facts.
She ruled for the agency in April, finding Heater “committed an act of fraud or engaged in dishonest conduct.” Heater’s conviction, which she failed to report to the Real Estate Agency, bears directly on her fitness as a real estate professional, Fair wrote. Gene Bentley, the real estate commissioner, signed the revocation order April 6.
— Reporter: 541-617-7815, jditzler@bendbulletin.com