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Unauthorized Practice of Law Committee v. Razor City Realty

Supreme Court of Wyoming

April 5, 2017

THE UNAUTHORIZED PRACTICE OF LAW COMMITTEE, WYOMING STATE BAR, Petitioner,
v.
RAZOR CITY REALTY, a partnership of KEVIN L. BECK, Responsible Broker, Wyoming License No. 1065, and RICHARD K. KISTLER, Associate Broker, Wyoming License No. 5006, Respondents.

          ORDER APPROVING CONSENT AGREEMENT

          E. JAMES BURKE Chief Justice.

         [¶1] This matter came before the Court upon a "Report and Recommendation for Approval of Consent Agreement, " filed herein March 2, 2017, by the Unauthorized Practice of Law Committee of the Wyoming State Bar (the Committee). After a careful review of the Committee's Report and Recommendation, the attached "Consent Agreement, " the materials attached thereto, and the file, this Court finds that the Report and Recommendation should be approved, confirmed, and adopted by the Court, and that the parties' Consent Agreement should be approved, pursuant to Rule 7(e) of the Rules of Procedure Governing Unauthorized Practice of Law. It is, therefore, [¶2] adjudged and ordered that the Unauthorized Practice of Law Committee's "Report and Recommendation for Approval of Consent Agreement, " which is attached hereto and incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted by this Court; and it is further

         [¶3] ADJUDGED AND ORDERED that the parties' "Consent Agreement" be, and hereby is, accepted by this Court and the terms of the Consent Agreement are hereby adopted.

         [¶4] DATED this 4th day of April, 2017.

         BEFORE THE UNAUTHORIZED PRACTICE OF LAW COMMITTEE WYOMING STATE BAR

         In the matter of RAZOR CITY REALTY a partnership of KEVIN L. BECK Responsible Broker, Wyoming License No. 1065, and RICHARD K. KISTLER, Associate Broker, Wyoming License No. 5006, Respondents.

         UPL Docket No. 2016-004

         CONSENT AGREEMENT

         THIS CONSENT AGREEMENT is entered into by and between Mark W. Gilford, Bar Counsel for the Wyoming State Bar ("Bar Counsel") and Razor City Realty, a partnership of Kevin L. Beck and Richard K. Kistler; Kevin L. Beck, individually; and Richard K. Kistler, individually (collectively, "Respondents").

         WHEREAS, Kevin L. Beck is the Responsible Broker for Razor City Realty, and holds Wyoming Real Estate Commission License No. 1065; and

         WHEREAS, Richard K. Kistler is an Associate Broker for Razor City Realty, and holds Wyoming Real Estate Commission License No. 5006; and

         WHEREAS, on or about June 9, 2016, Michael Carver, manager of Your Computer Store, LLC, approached Razor City about the possible sale of the assets of Your Computer Store, LLC. After some negotiation, Razor City and Mr. Carver entered into and executed an Exclusive Right to Sell Listing Contract (Business Assets, Leasehold Interest and/or Real Property) (WAR Form 104-1105) (the "Listing Agreement"), a copy of which Listing Agreement is attached as Exhibit A; and

         WHEREAS, Mr. Carver, for and on behalf of Your Computer Store, LLC, executed a Real Estate Brokerage Disclosure on June 10, 2016, designating Razor City as die Seller's agent for the potential sale of the assets of Your Computer Store, LLC (WAR Form 410-0709), a copy of which Real Estate Brokerage Disclosure is attached as Exhibit B; and

         WHEREAS, on or about August 2, 2016, Timothy T. Alexander approached Razor City about the possibility of purchasing the assets of Your Computer Store, LLC. After discussion, Mr. Alexander submitted an ...


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