Randy Alaniz Real Estate Discipline, $1,000 Penalty

SETTLEMENT AGREEMENT BETWEEN

MISSOURI REAL ESTATE COMMISSION AND RANDY ALANIZ

Come now Randy Alaniz ("Licensee") and the Missouri Real Estate Commission ("Commission") and enter into this Settlement Agreement for the purpose of resolving the question of whether Licensee's license as a real estate broker associate will be subject to discipline.

Pursuant to the terms of § 536.060, RSMo,¹ the parties hereto waive the right to a hearing by the Administrative Hearing Commission of the State of Missouri ("AHC") regarding cause to discipline the Licensee's license, and, additionally, the right to a disciplinary hearing before the Commission under § 621.110, RSMo.

Licensee acknowledges that Licensee understands the various rights and privileges afforded Licensee by law, including the right to a hearing of the charges against Licensee; the right to appear and be represented by legal counsel; the right to have all charges against Licensee proven upon the record by competent and substantial evidence; the right to cross-examine any witnesses appearing at the hearing against Licensee; the right to present evidence on Licensee's behalf at the hearing; the right to a decision upon the record by a fair and impartial administrative hearing commissioner concerning the charges pending against Licensee and, subsequently, the right to a disciplinary hearing before the Commission at which time Licensee may present evidence in mitigation of discipline; and the right to recover attorney's fees incurred in defending this action against Licensee's license. Being aware of these rights provided Licensee by operation of law, Licensee knowingly and voluntarily waives each and every one of these rights and freely enter into this settlement agreement and agree to abide by the terms of this document, as they pertain to Licensee.

Licensee acknowledges that Licensee has received a copy of the documents relied upon by the Commission in determining there was cause to discipline Licensee's real estate broker associate license, along with citations to law and/or regulations the Commission believes were violated.

For the purpose of settling this dispute, Licensee stipulates that the factual allegations contained in this Settlement Agreement are true and stipulate with the Commission that Licensee's real estate broker associate, numbered 2009025551, is subject to disciplinary action by the Commission in accordance with the provisions of Chapter 621 and §§ 339.010-339.205 and 339.710-339.855, RSMo.

[^1]: All statutory references are to Missouri Revised Statutes, as amended, unless otherwise indicated.

Joint Stipulation of Fact and Conclusions of Law

1. The Commission is an agency of the state of Missouri created and established pursuant to § 339.120, RSMo, for the purpose of licensing in the practice of real estate in the state of Missouri. The Commission has control and supervision of licensure and enforcement of the terms and provisions of Sections 339.010-339.205 and 339.710-339.855, RSMo.
2. Licensee holds a real estate broker associate license issued by the Commission, license number 2009025551. The Commission originally issued Licensee's license on August 12, 2009. The license was last renewed on June 13, 2024, and has an expiration date of June 30, 2026. Licensee is the was at the time of the complaint associated with Fathom Realty MO LLC, license number 2020004599, and specifically Fathom Realty-St Louis. Licensee, at the time of the complaint was a broker for Fathom Realty MO LLC (Fathom Realty-St Louis).
3. On or about June 29, 2023, a complaint was filed with the Commission by LaQuita Franks, a buyer's agent in a real estate transaction involving Lori Sharpsteen, a real estate broker salesperson affiliated with Fathom Realty MO LLC, specifically Fathom Realty-St. Louis, and property located at 6026 Natural Bridge Road, St Louis, Missouri.
4. The complaint alleged that her buyer's offer had been accepted by the seller and the seller's agent allowed the seller to "change course" and accept on another offer.
5. On or about June 18, 2023, Sharpsteen sent Franks a congratulatory email informing Franks that Frank's client's offer had been accepted.
6. Also on or about June 18, 2023, Sharpsteen received a second offer on the subject property that Sharpsteen did not see until June 19, 2023.
7. On or about June 19, 2023, Franks informed Sharpsteen that the amendment received back with the signed contract was not correct (wrong buyer's name and wrong contract date). Sharpsteen responded that she would correct the amendment and return it to Franks.
8. Later in the day on June 19, 2023, Sharpsteen informed Franks that her seller had accepted the other (second) offer.
9. On August 2, 2023, Sharpsteen was notified of the complaint and asked to respond.

10. On August 30, 2023, Sharpsteen provided her written response to the Commission.

11. Sharpsteen asserted that Frank's buyer had not signed the amendment to extend the response deadline in which to accept.

12. Sharpsteen asserted that she contacted her managing broker Randy Alaniz and he agreed that because the buyer had not signed the amendment to extend the response deadline, the contract agreement was not complete and Sharpsteen's client was free to accept either offer.

13. Sharpsteen asserted that she contacted the Missouri Realtor's Legal Hotline and that the attorney she spoke with agreed with Licensee Alaniz.

14. On July 30, 2024, the Commission assigned the complaint to be investigated.

15. On January 9, 2025, the Commission Investigator contacted Robert Campbell, Vice-President of Risk Management and General Counsel of the Missouri Realtors Legal Hotline.

16. Campbell advised that the date and time logs for the Hotline reflected a call from Sharpsteen but that the notes reported that it was recommended that Sharpsteen have her client consult a lawyer because there were several legal issues involved in the question of whether the contract with Frank's client had been accepted or not. Campbell noted that his office would not have advised Sharpsteen that her seller was in the clear to accept the other offer.

17. On January 17, 2025, the Commission Investigator interviewed Licensee and Licensee was able to confirm he advised Sharpsteen that since the amendment to the contract extending time for acceptance had not been properly signed, Sharpsteen's client was free to accept the second offer.

18. The Commission reviewed the complaint and the investigation material's at its April 2, 2025, meeting and determined Licensee's conduct constituted cause to discipline Licensee's license.

19. Licensee, as broker of Licensee Fathom Realty MO LLC, specifically Fathom Realty-St Louis, assisted and enabled Sharpsteen's real estate activities to be conducted under his supervision.

20. Licensee's conduct, in his complicity with salesperson Sharpsteen, constitutes cause to discipline Licensee's license under § 339.100.2(15), RSMo.

21. Cause exists for the Commission to take disciplinary action against Licensee's license under § 339.100.2 (15) and (19), RSMo, which states in pertinent part:

1. The Commission may cause a complaint to be filed with the hearing administrative hearing commission as provided by chapter 621, RSMo, against any person or entity licensed under this chapter, or any licensee, or any person who has failed to renew or has surrendered his or her individual or entity license for any one or any combination of the following acts:

(15) Violation of, or attempting to violate, directly or indirectly, or assisting or enabling any person to violate, any provision of sections 339.010 to 339.180 and sections 339.710 to 339.860*, or any lawful rule adopted pursuant to sections 339.010 to 339.180 and sections 339.710 to 339.860;

(19) Any other conduct which constitutes untrustworthy, improper or fraudulent business dealings, demonstrates bad faith or incompetence, misconduct, or gross negligence[.]

1. Misconduct in the performance of duties has been defined as "a transgression, dereliction, unlawful or wrongful behavior, or impropriety that is willful in nature." Grace v. Mo. Gaming Comm'n, 51 S.W.3d 891, 900 (Mo. App. W.D.2001). Misconduct is the intentional commission of a wrongful act. Id.
2. Section 339.710, RSMo., states in relevant part: > Definitions. — For purposes of sections 339.010 to 339.180, and sections 339.710 to 339.860, the following terms mean: > > (12) *"Designated broker"**, any individual licensed as a broker who is operating pursuant to the definition of real estate broker as defined in section 339.010, or any individual licensed as a broker who is appointed by a partnership, limited partnership, association, limited liability company, professional corporation, or a corporation engaged in the real estate brokerage business to be responsible for the acts of the partnership, limited partnership, association, limited liability company, professional corporation or corporation. Every real estate broker partnership, limited partnership, association, limited liability company, professional corporation or corporation shall appoint a designated broker[.]
3. 20 CSR 2250-8.020, states in relevant part: > (1) Individual brokers, designated brokers, and office managers/unlicensed persons shall be responsible for supervising the real estate related activities ... of all licensed and unlicensed persons shall be responsible for them, whether in an individual capacity or through a corporate entity, association or partnership.

Joint Agreed Disciplinary Order

1. Based upon the foregoing, the parties mutually agree and stipulate that the following shall constitute the disciplinary order entered by the Commission in this matter under the authority of §§ 536.060, 621.045.4 and 621.110, RSMo.
2. The terms of discipline shall include that Licensee, Randy Alaniz, shall pay a civil penalty in the amount of $1,000.00 pursuant to § 339.100.3, RSMo. The civil penalty shall be made by CERTIFIED CHECK payable to the "Missouri Real Estate Commission" and mailed to the Missouri Real Estate Commission, PO Box 1339, Jefferson City, MO 65102-1339. Said check must be postmarked or hand delivered within 60 days of the effective date of this Settlement Agreement. Funds received pursuant to this Order shall be handled in accordance with Section 7 of Article IX of the Missouri Constitution and Section 339.205.8, RSMo. Licensee Alaniz's failure to pay the full amount of the civil penalty within 60 days of the effective date of this Order shall constitute a violation of this Order.
3. Licensee shall take six (6) hours of continuing education on the topic of Contracts, within six (6) months of the effective date of this Settlement Agreement. Licensee will need to submit the certificate(s) of completion for the continuing education to the Commission. These six (6) hours of continuing education shall be in addition to his required twelve (12) hours of continuing education for his renewal.
4. This Agreement does not bind the Commission or restrict the remedies available to it concerning facts or conduct not specifically mentioned in this Agreement that are either now known to the Commission or may be discovered.
5. This Agreement does not bind the Commission or restrict the remedies available to it concerning any future violations of either Chapter 339, RSMo, as amended, or the regulations promulgated thereunder, or of the terms of this Agreement.
6. All parties agree to pay all their own fees and expenses incurred as a result of this case, its settlement, or any litigation.
7. The parties to this Agreement understand that the Missouri Real Estate Commission will maintain this Agreement as an open record of the Commission as provided in Chapters 339, 610 and 324, RSMo.
8. The terms of this Settlement Agreement are contractual, legally enforceable, and binding, not merely recital. Except as otherwise provided herein, neither this Settlement Agreement nor any of its provisions may be changed, waived, discharged, or terminated, except by an instrument in writing signed by the party against whom the enforcement of the change, waiver, discharge, or termination is sought.
9. Licensees, together with Licensees' heirs and assigns, and Licensees' attorneys, do hereby waive, release, acquit and forever discharge the Commission, its respective members and any of its employees, agents, or attorneys, including any former Commission members, employees, agents, or attorneys, of, or from, any liability, claim, action, causes of action, fees, costs and expenses, and compensation including but not limited to, any claims for attorney's fees and expenses, including any claims pursuant to § 536.087, RSMo, or

any claim arising under 42 U.S.C. § 1983, which may be based upon, arise out of, or relate to any of the matters raised in this case, its settlement, or from the negotiation or execution of this Settlement Agreement. The parties acknowledge that this paragraph is severable from the remaining portions of this Settlement Agreement in that it survives in perpetuity even in the event that any court of law deems this Settlement Agreement or any portion thereof to be void or unenforceable.
34. If no contested case has been filed against Licensees, Licensees have the right, either at the time the Settlement Agreement is signed by all parties or within fifteen days thereafter, to submit the Agreement to the Administrative Hearing Commission for determination that the facts agreed to by the parties to the Settlement Agreement constitute grounds for denying or disciplining the licenses of Licensees. If Licensees desire the Administrative Hearing Commission to review this Agreement, Licensees may submit this request to: Administrative Hearing Commission, P.O. Box 1557, United States Post Office Building, 131 West High St, Jefferson City, MO 65102.
35. If Licensees have requested review, Licensees and Commission jointly request that the Administrative Hearing Commission determine whether the facts set forth herein are grounds for disciplining Licensees' licenses and issue findings of fact and conclusions of law stating that the facts agreed to by the parties are grounds for disciplining Licensees' licenses. Effective the date the Administrative Hearing Commission determines that the agreement sets forth cause for disciplining Licensees' licenses, the agreed upon discipline set forth herein shall go into effect. If the Administrative Hearing Commission issues an order stating that the Settlement Agreement does not set forth cause for discipline, then the Commission may proceed to seek discipline against Licensees as allowed by law. If the Licensees do not submit the Agreement to the Administrative Hearing Commission for determination, the Agreement shall become effective fifteen (15) days following the signature of the Commission's Executive Director, unless waived by the licensees.

LICENSEE

COMMISSION

Randy Alaniz

Brittany Tomblin
Executive Director
Missouri Real Estate Commission

Date 12-10-2025

Date 1-6-26

MISSOURI REAL ESTATE COMMISSION 15-DAY WAIVER ATTESTATION

I attest that I affirmatively waive my right to review of the attached Settlement Agreement by, and a hearing before, the Administrative Hearing Commission pursuant to section 621.045, RSMo.

I also understand that the Settlement Agreement will become effective upon the date the Settlement Agreement is signed by the Executive Director of the Missouri Real Estate Commission.

Randy Alaniz
Printed Name

Signature

Date 12-10-2025

Witness Signature