Texas Real Estate Commission Agreed Order 216547

DocuSign Envelope ID: 6F855F23-F49B-48CB-A83D-4E89A1463A92
4/14/23
Hearing No. _216547 et al.
In the Matter of § Before the Texas Real

Kyle Austin Dwyer § Estate Commission
§ (“Commission”)
§
§
Texas Real Estate Broker § Sitting In Austin,
License No. 615315 § Travis County, Texas
Agreed Order
In order to conclude this matter, Kyle Austin Dwyer (“Respondent”) neither admits nor
denies to the truth of the following Findings of Fact and Conclusions of Law and agrees to
the entry of this Order and assessment of an administrative penalty.
Facts Common to all Counts
1. Respondent is a licensed Texas real estate broker, was a Texas real estate
broker at all times relevant to this matter, and performed an act in Texas
constituting an act of a broker or sales agent as defined under Section
1101.002(1), Texas Occupations Code.
2. Respondent is the designated broker for brokerage Two for One, LLC d/b/a
Asset Hero Property Management and d/b/a TNT Properties Real Estate
(“Two for One”).
3. Two for One is a partial owner of a company named Ag Town Property

Maintenance (“Ag Town”). Respondent hired Ag Town to repair and maintain
the properties managed by Two for One.
Findings of Fact Count I - 216547
4. On or about December 15, 2020, Two for One became the property manager
for the property located at 3719 Westfield Drive, College Station, Texas,
taking over management from a previous management company.
5. A tenant subject to an existing lease occupied the property at the time

Respondent took over as the property manager. The existing tenant signed
a Notice to Tenant of Change in Management and Accountability for Security
Deposit form provided by Respondent. The form showed that Respondent
held tenant’s security deposit in the amount of $2,800.
6. The tenant timely vacated the property and returned keys at the end of her
lease term, which was on or before the July 31, 2021. Prior to vacating the
property, the tenant’s father hired a Brian Paxton to patch and paint the walls
to match the existing colors. According to the tenant’s father, Brian Paxton
did a professional job and the home did not need repainting.
7. On or about September 3, 2021, Respondent emailed a statement to tenant.

Respondent sent the statement more than 30 days after the lease expired
and tenant returned possession of the property to Respondent.
In the Matter of
Kyle Austin Dwyer
Page 2 of 7
8. The statement showed that Respondent charged tenant the sum of

$3,045.26, and after deducting tenant’s security deposit, there was a balance
in the amount of $245.26.
9. Respondent improperly charged tenant for fees that were not agreed to under
the lease agreement, including multiple $5 charges described as “physical
payment processing fee” for rent payments, and a “Make Ready
Coordination (Admin) Fee” in the amount of $550.04. The statement does
not provide an explanation for the “Make Ready Coordination (Admin) Fee”.
10. Respondent also charged tenant to repaint the interior walls, doors and trim
of the property a white color, over the existing colors. The tenant’s father,
who paid to have the walls patched and painted, disputed that the walls
needed to be repainted.
11. The property management agreement between Two for One and the owner
of the property stated that the owner must consent to any single repair,
maintenance items, redecoration, or alteration over $250. The property
owner was interviewed by the Commission, and he stated that he did not
have any discussions or correspondence with the Respondent about the
deposit accounting, property damage or any charge to him for make ready
work to the property.
12. Respondent credited the tenant certain charges, including the physical
payment processing fees, after the tenant disputed the charges. However,
Respondent’s updated statement reflects that tenant owed a reduced
balance of $172.76.
13. Respondent told the Commission that he was not provided the Inventory and
Condition form completed by the tenant at the beginning of her lease, and
made multiple requests to obtain the form from the former property manager
and tenant. Respondent also stated that he sent communications to the
property owner to inform him of the status of the make-ready work for the
property.
14. Respondent now understands that he has a fiduciary duty to his property
owner clients including, but not limited to, obtaining consent for repair work
pursuant to the property management agreement. Respondent further
understands that he has a duty to treat the tenants for the properties he
manages fairly, including, but not limited to, limiting fee charges to the terms
stated in the lease and conducting a fair assessment of the condition after
the tenant vacates the property.
Conclusions of Law
The acts and omissions on the part of Respondent set out in the Findings of Fact constitute
the following violation(s) that are cause for the suspension, revocation, or reprimand of
Respondent’s Texas real estate broker license pursuant to the specific statute(s) and
In the Matter of
Kyle Austin Dwyer
Page 3 of 7
rule(s) cited below and/or Section 1101.656, Texas Occupations Code, and are further
cause for the assessment of an administrative penalty against Respondent pursuant to
Section 1101.701, Texas Occupations Code:
15. Section 1101.652(b)(1), Texas Occupations Code, by acting negligently or

incompetently, while acting as a broker or sales agent; and
Findings of Fact Count II - 220178 & 220381
16. Respondent acted as the property manager for the property known as 601
Montclair Avenue, College Station, Texas at all times relevant to this
complaint.
17. The tenants timely vacated the property and returned the keys to Two for
One at the end of the lease term, which was on or before the July 21, 2021.
18. On or about August 19, 2021, Respondent sent the tenants a statement. The
statement showed that Respondent charged tenant the sum of $2,755.52,
and, after deducting the tenants’ security deposit, which left a balance in the
amount of $960.52.
19. Respondent charged the tenants $300 for the removal of items, including,
but not limited to a trampoline from the backyard; a sleigh bed and chair from
the porch. Respondent also charged the tenants to replace 7
missing/damaged window screens.
20. The tenants provided evidence that trampoline, sleigh bed and chair were at
the property when they moved in and provided evidence that the screens
were either missing or not installed when they moved in on the
commencement of their lease.
21. Respondent credited the tenants $960.52 after the tenant disputed the
statement, per the approval of the property owner, to resolve the tenant’s
dispute over the $300 removal charge and the window screen charges. On
or about September 27, 2021, Respondent provided the tenants with an
updated statement which reflected a $0 balance, however the Respondent
did not return any of the tenants’ security deposit.
22. Respondent understands that he has a duty to treat the tenants for the
properties he manages fairly, including, but not limited to, conducting a fair
assessment of the condition after the tenant vacates the property.
Conclusions of Law
In the Matter of
Kyle Austin Dwyer
Page 4 of 7


incompetently, while acting as a broker or sales agent.
Findings of Fact Count III - 220684
24. Respondent acted as the property manager for the property known as 1625
Park Place, College Station, Texas at all times relevant to this complaint.
25. The tenants timely vacated the property and returned keys to Two for One at
the end of the lease term, which was on or before the July 25, 2021.
26. On or about August 25, 2021, Respondent sent the tenants a statement. The
statement showed that Respondent charged tenant the sum of $9,826.48,
and, after deducting the tenants’ security deposit, which left a balance in the
amount of $7,031.48.
27. Respondent charged the tenants for items that were either previously
damaged or missing when they moved in, including, but not limited to, the
window screens and damage to existing walls.
28. According to the Inventory and Condition form signed by the tenants on May
8, 2019, there were missing window screens and damage to the walls when
they moved into the property at the commencement of their lease.
29. Respondent credited the tenants certain charges in the amount of $610.71
after the tenant disputed the statement, however Respondent still charged
the tenants $6,329.31.
30. Respondent understands that he has a duty to treat the tenants for the
properties he manages fairly, including, but not limited to, conducting a fair
assessment of the condition after the tenant vacates the property.
Conclusions of Law

In the Matter of
Kyle Austin Dwyer
Page 5 of 7
Findings of Fact Count IV - 222649
32. On or about December 20, 2021, Respondent signed a Residential Leasing

and Property Management Agreement in which Two for One agreed to act
as the property manager for the properties known as 1763 Summit Crossing
Lane, and 3920 Yukon Lane, College Station, Texas for the owner of the
properties. The agreement commenced January 1, 2022 through February
1, 2022 and automatically extended on a monthly basis. Either party had the
option to terminate the agreement with 30 days written notice to the other
party.
33. Respondent was out of the office from January 13, 2022 until January 27,
2022.
34. On or about January 21, 2022, one of Respondent’s agents sent the owner
a proposed lease for 3920 Yukon Lane. Respondent told the Commission
that he was not aware of the proposed lease.
35. On or about January 24, 2022, the owner emailed Respondent to advise their
intent to terminate the Property Management Agreement and hire another
broker to manage and market their properties. The owner did not include
Respondent’s agent who sent the proposed lease on this communication.
Respondent replied to state “We can off board as early as 3/11/2022”.
36. On or about January 25, 2022, the owner emailed Respondent to state, “you
can off board as early as possible. In the meantime, stop marketing the
properties asap. We will not accept a lease or a showing from you.”
37. On or about January 26, 2022, Patrick Luckenbill, a sales agent sponsored
by Respondent, signed the proposed lease for 3920 Yukon Lane.
Respondent stated that his sponsored agent was not aware that the owner
had sent notice to terminate the property management agreement.
Respondent further stated that the owner did not honor the lease agreement,
and that the owner asked the tenant to sign a new lease.
38. Respondent received a benefit from the execution of the lease when he
deducted 50% of the tenant’s first month’s rent payment for his leasing fees.
Additionally, Respondent deducted all the amounts from the owner’s
reserves for his purported expenses before terminating the Property
Management Agreement.
Conclusions of Law
In the Matter of
Kyle Austin Dwyer
Page 6 of 7

Order
IT IS ORDERED that Respondent’s Texas real estate broker’s license, if timely renewed,
is suspended for two years, effective May 15, 2023.
IT IS FURTHER ORDERED that beginning May 15, 2023, the suspension is fully probated
for two years ending May 15, 2025, subject to the following terms.
40. Respondent must comply with Chapter 1101 of the Texas Occupations Code
and with the Rules of the Commission.
41. Respondent must fully cooperate with the Commission’s Enforcement

Division in completing its investigation of any complaints filed against
Respondent.
42. Respondent may not act as a designated broker for a licensed business
entity during the term of probation or while Respondent has any unpaid or
past due monetary obligation to the Commission.
IT IS FURTHER ORDERED that Respondent must pay an administrative penalty of

$3,000 by cashier’s check or money order payable to the Texas Real Estate Commission
as follows:
1. For 12 months, the sum of $250 is due on the 1st of each month beginning on
or before May 1, 2023, and ending with the final payment due on or before April
1, 2024.
2. Should the 1st day of any month fall on a weekend or legal holiday, the
payment is due the next business day.
3. Any amounts paid by Respondent in excess of the required monthly payments

of $250 go toward the principal amount owed and do not excuse Respondent
from making regular monthly payments of at least $250 until the total sum is
paid in full.
4. Respondent must make all payments set forth above timely and without any
grace period or notice from the Commission. Failure to timely pay automatically
suspends Respondent’s Texas real estate broker’s license until all of the
remaining balance is paid in full.
IT IS FURTHER ORDERED that on or before 5:00 p.m., August 1, 2023, Respondent

must provide the Commission's Enforcement Division with evidence of Respondent’s
completion of 30 classroom hours in a Property Management course as defined by Section
1101.003(4), Texas Occupations Code from a Commission approved Education Provider
and that these hours are in addition to the Continuing Education (CE) hours required for
In the Matter of
Kyle Austin Dwyer
Page 7 of 7
the next renewal of Respondent's Texas real estate broker’s license. Failure to timely
provide evidence of completion of the course as ordered automatically suspends
Respondent’s Texas real estate license until the evidence of the course completion is
provided to the Commission’s Enforcement Division.
IT IS FURTHER ORDERED that a violation of the above terms, other than those that
specifically provide for automatic suspension, or automatic revocation of probation or
suspension of license, is, after notice and hearing, grounds to revoke probation and
impose the above suspension of Respondent’s Texas real estate broker’s license in
addition to any additional disciplinary action which may be warranted for a subsequent
violation of the Texas Occupations Code.
4/14/2023
Chelsea Buchholtz Date

Executive Director, Texas Real Estate Commission
or
Tony Slagle
Deputy Executive Director, Texas Real Estate Commission
The undersigned Respondent states and affirms that Respondent enters into this agreed
order of Respondent’s own free will; that Respondent agrees to the entry of the above
Findings of Fact and Conclusions of Law; that Respondent has been afforded all
administrative remedies due Respondent under the law by the Texas Real Estate
Commission; that Respondent, having been advised of Respondent’s right to a hearing
waives this right; that Respondent has been represented and counseled in this matter by
an attorney of Respondent’s own selection who is licensed to practice in the State of
Texas; and that Respondent waives all right to judicial review of this Order.
4/12/2023
DATED:
Kyle Austin Dwyer
Respondent
4/11/2023
DATED
Travis G. Normand
Attorney for Respondent
4/13/2023
DATED:
John J. Knopic
Staff Attorney
Texas Real Estate Commission

Texas Real Estate Commission Agreed Order 216547

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Texas Real Estate Commission Agreed Order 216547

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DocuSign Envelope ID: 6F855F23-F49B-48CB-A83D-4E89A1463A92

In the Matter of § Before the Texas Real

Facts Common to all Counts

3. Two for One is a partial owner of a company named Ag Town Property

Findings of Fact Count I - 216547

5. A tenant subject to an existing lease occupied the property at the time

7. On or about September 3, 2021, Respondent emailed a statement to tenant.

8. The statement showed that Respondent charged tenant the sum of

15. Section 1101.652(b)(1), Texas Occupations Code, by acting negligently or

Findings of Fact Count II - 220178 & 220381

cause for the assessment of an administrative penalty against Respondent pursuant to

23. Section 1101.652(b)(1), Texas Occupations Code, by acting negligently or

Findings of Fact Count III - 220684

31. Section 1101.652(b)(1), Texas Occupations Code, by acting negligently or

Findings of Fact Count IV - 222649

32. On or about December 20, 2021, Respondent signed a Residential Leasing

39. Section 1101.652(b)(1), Texas Occupations Code, by acting negligently or

41. Respondent must fully cooperate with the Commission’s Enforcement

IT IS FURTHER ORDERED that Respondent must pay an administrative penalty of

3. Any amounts paid by Respondent in excess of the required monthly payments

IT IS FURTHER ORDERED that on or before 5:00 p.m., August 1, 2023, Respondent

Chelsea Buchholtz Date

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