Maclay v. Idaho Real Estate Comm'nAnnotate this Case
Petitioner-Appellant Michael Maclay appealed the district court's decision affirming the Idaho Real Estate Commission's Final Order, which revoked his real estate license and assessed him a $5,000 fine. Petitioner allegedly used another person's broker's license to carry on Help-U-Sell List 4 Less Realty, prepared incomplete brokerage representation agreements without either a price provision or a conspicuous beginning and end date, advertised listed properties without a listing broker's licensed business name, used a new brokerage name prior to its approval by the Commission, provided misleading advertising to the public, accepted real estate fees not paid through a broker for the performance of acts requiring a real estate license, engaged in a continued or flagrant course of misrepresentation, failed to account for or remit any funds coming in his possession belonging to a brokerage, engaged in dishonorable dealings and recklessness or gross negligence, and acted as a real estate salesperson without a license. Petitioner challenged the sufficiency of the evidence presented against him, and that the Commission's decision exceeded its authority. Because the Commission's decision was supported by substantial evidence and the other issues were waived, the Supreme Court affirmed the Commission's decision.