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[ATG] Board approves license suspensions for David Garden, Star Homes
Start Date: 1/23/2013 All Day
End Date: 1/23/2013
Entry Description

INDIANAPOLIS – The Indiana Real Estate Commission today agreed to temporarily suspend the licenses of Indy-based realtor David Garden and his company Star Homes, Inc. 

On Tuesday, Indiana Attorney General Greg Zoeller’s office reached an agreement with Garden to suspend his license for 90 days which was approved by the board today. Consumer complaints allege Garden, as president of Star Homes doing business as Garden Home Realty, demonstrated a continued misuse of funds including conspiracy to commit mortgage fraud, failure to remit earnest money and license renewal fraud.

“The suspension against Garden helps ensure consumers are protected from questionable acts while the formal complaint against Garden is being considered by the board,” said Gabrielle Owens, Deputy Director of the Attorney General’s Licensing Enforcement and Homeowner Protection Unit. “Since filing the original licensing complaint, 16 new consumers have come forward alleging they too had been ripped off by Garden. Our office believes it is in the best interest of the public to suspend him from operating until a resolution is determined.”

Next, the board will set a hearing date to consider the 30-count licensing complaint filed by the Attorney General’s office last year. The licensing board determines the appropriate disciplinary action following the full hearing on the matter.

According to one complaint, a customer paid $1,000 earnest money to Garden Home Realty to place a $23,000 bid on a HUD property located in Indianapolis. The customer later found out that HUD only requires a $500 earnest money payment. The buyer later paid a separate broker $500 earnest deposit and placed a bid on the same property for $21,000 – which he won. The customer never received a refund from Garden.

 

In another case, a customer paid $1,000 earnest money and made an offer to purchase a commercial property from Garden. The individual’s offer was not accepted and his earnest payment was not returned.

 

An Indianapolis couple signed a lease and paid a $1,000 security deposit on a rental property owned by Garden. According to the petition, the renters were told the home would be remodeled and in “showroom condition” upon move-in, but the property was “infested with roaches” and the carpets “smelled of dog urine and feces.” The couple decided not to rent the property, but demands for a refund of the deposit were denied.

 

According to the filing, Garden renewed his real estate broker’s license in 2009 without acknowledging that criminal charges were pending against him. In 2011, Garden renewed his license again and failed to acknowledge he had pled guilty to Operating While Intoxicated (OWI) with a prior OWI.

Contact Information:
Name: Erin Reece
Phone: 317.232.0168
Email: Erin.Reece@atg.in.gov
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Entry Type:
Press Release
Entry Category:
  • Announcements
  • IN.gov Category:
  • Government
  • Agency Name
    Attorney General

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