Disciplinary Actions – May 2010-V41-1

OTTO W. ANDERSON (Huntersville) – By Consent, the Commission suspended the broker license of Mr. Anderson for a period of 36 months effective March 1, 2010. The Commission found that Mr. Anderson in 2009 in U.S. District Court pled guilty to and was convicted of the felony criminal offenses of filing a false tax return and transmitting wagering information in violation of federal law and was fined, required to forfeit automobiles, cash and other property, ordered to pay restitution, and placed on probation. The Commission further ordered that its suspension be terminated if, during the suspension period, Mr. Anderson is released from federal probation and submits satisfactory proof of release.

HEATHER N. F. BEASON (Rockingham) – By Consent, the Commission permanently revoked the broker license of Ms. Beason effective February 24, 2010. The Commission found that Ms. Beason performed a sales transaction when not authorized to do so and submitted false closing documents to make it appear that the transaction had closed and the deed of trust had been paid off. The Commission also found that Ms. Beason, while managing the firm’s property management accounts, converted approximately $85,000 in trust monies to her own use and used security deposit funds to conceal the theft.

BONTERRA PROPERTIES OF UNION, INC. (Matthews) – By Consent, the Commission suspended the firm license of Bonterra Properties for a period of 180 days effective March 1, 2010. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Bonterra Properties failed to provide buyers of subdivision property with the required subdivision street disclosure statement.

JIMMY F. BUFF, JR. (Asheville) – By Consent, the Commission reprimanded Mr. Buff effective March 1, 2010. The Commission found that Mr. Buff, as listing agent for a property, represented its square footage at 2,520 square feet even though he was aware that the basement contained several unheated rooms and that the heated square footage was less than 2,000 square feet. The Commission also found that Mr. Buff included a provision in the listing agreement that the seller would provide heat to the basement rooms, but did not disclose the issue to the purchaser or follow up with the seller to make sure the rooms were provided with heat. The Commission noted that Mr. Buff cooperated fully with the Commission’s investigation and reached an agreement with the buyer to pay the buyer approximately $8,000 for the cost of installing heating to the unheated rooms.

DANIEL J. COLOMB (Little River, South Carolina) – The Commission accepted the voluntary surrender of the broker license of Mr. Colomb for a period of five years effective April 19, 2010. The Commission dismissed allegations that Mr.Colomb violated provisions of the Real Estate License Law and Commission rules. Mr. Colomb neither admitted nor denied misconduct.

CHRISTINE K. DAVIS (Raeford) – By Consent, the Commission revoked the broker license of Ms. Davis effective April 19, 2010. The Commission found that Ms. Davis, acting as qualifying broker and broker-in-charge of rental property management business, failed to account to management clients for rental proceeds collected on their behalf or to remit proceeds to them. The Commission also found that Ms. Davis paid certain proceeds to a client by check written from the firm’s trust account and that the check was returned by the bank. Finally, the Commission found that Ms. Davis failed to supply trust account and other records to the Commission upon request.

DAVIS FAMILY PROPERTIES, INC. (Raeford) – By Consent, the Commission revoked the firm license of Davis Family Properties effective April 19, 2010. The Commission found that Davis Family Properties, a rental property management business, failed to account to management clients for rental proceeds collected on their behalf or to remit proceeds to them. The Commission also found that Davis Family Properties paid certain proceeds to a client by check written from the firm’s trust account and that the check was returned by the bank. Finally, the Commission found that Davis Family Properties failed to supply trust account and other records to the Commission upon request.

DEBIEKNOWSHOMES REALTY (Charlotte) – By Consent, the Commission revoked the firm license of DebieKnowsHomes effective May 1, 2010. The Commission found that DebieKnowsHomes, acting as broker and rental agent for the owner of a rental property, received money from a tenant as a security deposit, but failed to maintain the money in a trust account and commingled the deposit money with personal funds. The Commission also found that DebieKnowsHomeswas unable to produce records of its management of the property for inspection by the Commission.

MARCO DELSALTO (Knightdale) – By Consent, the Commission reprimanded Mr. Delsalto effective March 1, 2010. The Commission found that Mr. Delsalto assisted another broker in his firm in acting as a buyer agent for a Spanish-speaking buyer and, although not a member of the MLS, received the lock box code for the property being purchased by the buyer. The Commission also found that Mr. Delsalto, despite the seller’s refusal when recordation of the deed for closing was delayed over a weekend, allowed painters to enter the property and begin work on it before the deed was recorded. Finally, the Commission found that Mr. Delsalto failed to respond to Letters of Inquiry from the Commission.

BRANDON S. FOLEY (Charlotte) – By Consent, the Commission permanently revoked the broker license of Mr. Foley effective January 1, 2010. The Commission found that Mr. Foley participated in a series of transactions in which he entered into agreements that would permit undisclosed payments to buyers outside closings and payments to unlicensed promoters for producing buyers for properties. The Commission noted that many of these transactions resulted in foreclosure.

RODNEY E. GEOHAGAN, JR. (Garner) – By Consent, the Commission suspended the broker license of Mr. Geohagan for a period of two years effective April 1, 2009. One year of the suspension was active with the remainder stayed for a probationary period of one year on certain conditions. The Commission found that Mr. Geohagan participated in a transaction in which the buyer did not have the $13,000 to close and Mr. Geohagan obtained a certified check from a bank and delivered the check to the closing attorney on behalf of the buyer, knowing that the closing statement would show the funds as having come from the borrower when in fact they did not. The Commission also found that Mr. Geohagan wrote the buyer a check for $800 for appliances that was not disclosed to the attorney or lender or shown on the closing statement.

FREEMONT LAMONT HANKERSON (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Hankerson for a period of one year effective May 1, 2010. The Commission found that Mr. Hankerson consented to the voluntary surrender of his Loan Officer license with the North Carolina Commissioner of Banks as the result of Mr. Hankerson applying for a loan and failing to disclose to the lender on this loan application that he was a loan officer with the originating mortgage company. The Commission also found that Mr. Hankerson indicated on the loan application his total annual income from both his real estate and loan officer positions, but listed his only job as that of a real estate agent and overstated his income on the application. The Commission finally found that Mr. Hankerson failed to timely report the disciplinary action as required by Commission rule.

HBC BUILDERS (Oak Ridge) – By Consent, the Commission reprimanded HBC Builders effective July 1, 2010. The Commission found that HBC Builders, through its qualifying broker and broker-in-charge, served as listing agent for a property in 2006 which had a three-bedroom permitted septic system but was advertised as having four bedrooms on the MLS.

JACQUELINE KAYE HARRELL (Kill Devil Hills) – By Consent, the Commission suspended the broker license of Ms. Harrell and any right to reinstate it for a period of one year effective February 24, 2010. The Commission found that Ms. Harrell failed to timely report an October 2006 conviction for Driving While Impaired, Level 4. The Commission also found that Ms. Harrell was convicted in July 2007 of Driving While License Revoked and in March 2009 convicted of Driving While Impaired, Level 1 and failed to respond to Letters of Inquiry from the Commission concerning these matters.

LOUISE C. HEMPHILL (Weddington) – By Consent, the Commission suspended the broker license of Ms. Hemphill for a period of six months effective April 1, 2010. The Commission found that Ms. Hemphill and her husband, who was not licensed, undertook to act as brokers and listing agents for a residential building lot, and that Ms. Hemphill failed to memorialize the listing contract in written form and failed to give her seller clients the Working With Real Estate Agentsbrochure. The Commission also found that her husband, whose license was revoked in 1996, demanded and received a commission from the sellers.

GARY L. HOOKER (Raleigh) – By Consent, the Commission permanently revoked the broker license of Mr. Hooker effective January 1, 2010. The Commission found that Mr. Hooker, acting as broker-in-charge of a real estate brokerage firm, in several transactions failed to enter into written agency agreements with clients, reimbursed the buyers for their expenses in transactions by making payments to the buyers directly and outside the closing, and created and failed to maintain and retain records as required by the Real Estate License Law and Commission rules.

LISA R. HOOKER (Raleigh) – By Consent, the Commission permanently revoked the broker license of Ms. Hooker effective January 1, 2010. The Commission found that Ms. Hooker in several transactions failed to enter into written agency agreements with clients, reimbursed the buyers for their expenses in transactions by making payments to the buyers directly and outside the closing, and created and failed to maintain and retain records as required by the Real Estate License Law and Commission rules.

MICHELE DENISE HUGHES (Surf City) – By Consent, the Commission suspended the broker license of Ms. Hughes for a period of 90 days effective March 1, 2010. Thirty days of the suspension were active with the remainder stayed. The Commission found that Ms. Hughes, acting as a dual agent for purchasers of a residence, should have known that the North Carolina Turnpike Authority proposed to build a highway near the property, but did not know about the project and neglected to disclose it to the purchasers. Ms. Hughes neither admitted nor denied the Commission findings.

JACKIE L. JAMES (Hampstead) – By Consent, the Commission suspended the broker license of Ms. James for a period of 90 days effective March 1, 2010. The Commission then stayed the suspension for a probationary period of 12 months. The Commission found that Ms. James, acting as a dual agent for purchasers of a residence, should have known that the North Carolina Turnpike Authority proposed to build a highway near the property, but neglected to disclose it to the purchasers.

JAMES M. ALEXANDER REALTY, INC. (Charlotte) – By Consent, the Commission revoked the firm license of James T. Alexander Realty effective March 15, 2010. The Commission found that James T. Alexander Realty conducted property management services after the firm’s license became inactive and without a qualifying broker or broker-in-charge.  The Commission also found that James T. Alexander failed to remit approximately $154,000 in rental proceeds to his landlord-clients.

JENNIFER F. JONES (Elizabeth City) – By Consent, the Commission permanently revoked the broker license of Ms. Jones effective February 11, 2010. The Commission found that Ms. Jones, who provided brokerage and property management services, in 2008 failed to return a rental deposit after the prospective tenants determined that they could not move into a mobile home because of rodent infestation and in 2009 failed to remit a security deposit to her landlord-clients after several demands. The Commission also found that Mr. Jones failed to respond to several Commission Letters of Inquiry regarding these complaints.

SCOTT F. KELLY (Matthews) – By Consent, the Commission suspended the broker license of Mr. Kelly for a period of 180 days effective March 1, 2010. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Kelly and his firm, Bonterra Properties of Union, Inc., failed to provide buyers of subdivision property with the required street disclosure statement.

ALICE J. KOVACH (Stanley) – By Consent, the Commission suspended the broker license of Ms. Kovach for a period of one year effective March 1, 2010. The Commission then stayed the suspension for a probationary period of one year on certain conditions. The Commission found that Ms. Kovach, acting as broker-in-charge of a real estate brokerage firm, listed a property for sale and, although never licensed as an attorney, prepared a Declaration of Restrictions for the property and provided a document purporting to convey an easement to benefit an adjacent lot owner.

KOVACH REAL ESTATE, INC. (Stanley) – By Consent, the Commission suspended the firm license of Kovach Real Estate for a period of one year effective March 1, 2010. The Commission then stayed the suspension for a probationary period of one year on certain conditions. The Commission found that the broker-in-charge of Kovach Real Estate listed a property for sale and, although never licensed as an attorney, prepared a Declaration of Restrictions for the property and provided a document purporting to convey an easement to benefit an adjacent lot owner.

DEBRA DAVIS LAWTHERS (Charlotte) – By Consent, the Commission revoked the broker license of Ms. Lawthers effective May 1, 2010. The Commission found that Ms. Lawthers, acting as broker and rental agent for the owner of a rental property, received money from a tenant as a security deposit, but failed to maintain the money in a trust account and commingled the deposit money with personal funds. The Commission also found that Ms. Lawthers was unable to produce records of her management of the property for inspection by the Commission.

AUDRA H. LATTIMORE (Denver) – By Consent, the Commission suspended the broker license of Ms. Lattimore for a period of six months effective December 21, 2009. One month of the suspension was active with the remainder stayed for a probationary period of one year. The Commission found that Ms. Lattimore leased her personal residence and collected from her tenant a $5,600 security deposit, which she failed to deposit into a trust or escrow account. The Commission also found that Ms. Lattimore, after the termination of the tenancy, re-rented the property to a second tenant and collected a $4,400 security deposit, which she was unable to immediately refund in full at the termination of the tenancy. The Commission noted that Ms. Lattimore has fully repaid the deposit.

WELTON L. LOFTIN (Huntersville) – The Commission suspended the broker license of Mr. Loftin for a period of two years effective May 3, 2010. The Commission then stayed the suspension for a period of two years on certain conditions. The Commission found that Mr. Loftin, acting as a buyer’s agent, represented an individual in an Offer to Purchase and Contract as the owner of the subject property, when, in fact, Mr. Loftin knew the individual was not the owner. The Commission also found that Mr. Loftin presented an offer from a buyer to the sellers of a property and requested that the sellers sign documents showing the contract price to be $650,000 when the actual price paid to the sellers would be $535,000 with the remainder going back to the buyer through a shell company. The Commission finally found that Mr. Loftin purported to represent a seller without having a signed written agency agreement and no dual agency addendum, failed to provide the buyer and seller with a Working With Real Estate Agents brochure at the first substantial contact, and received a commission without having that commission provided for in a signed written agency agreement.

CARISA L. MAJESKY (Charlotte) – By Consent, the Commission revoked the broker license of Ms. Majesky effective April 1, 2010. The Commission found that Ms. Majesky, as broker-in-charge of a real estate brokerage firm, participated in three transactions in which she provided funds that were used as down payments for buyers without disclosure to the lenders in the transactions.

TAMMY ALLEN MANNING (Matthews) – By Consent, the Commission suspended the broker license of Ms. Manning for a period of 180 days effective March 1, 2010. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Manning and her firm, Bonterra Properties of Union, Inc., failed to provide buyers of a subdivision property with the required street disclosure statement.

MIKE G. MONPETIT (Cary) – By Consent, the Commission reprimanded Mr. Monpetit effective May 1, 2010.  The Commission found that Mr. Monpetit listed a distressed property for $145,000 in November 2007 with listing on the MLS delayed at the seller’s request until January 11, 2008, received an inquiry on January 12 from a real estate agent who expressed interest in the property, and then, with his wife, also a licensee, entered into a contract to purchase the property for $110,000 without informing the seller of another potential offer.

SUSAN ANN MONPETIT (Cary) – By Consent, the Commission reprimanded Ms. Monpetit effective May 1, 2010.  The Commission found that Ms. Monpetit, whose license has been on inactive status since 2006 and who worked as an unlicensed assistant in her husband’s real estate brokerage firm, entered into a contract with her husband to purchase for $110,000 a property listed by her husband at $145,000 without informing the seller of another potential offer from a real estate agent who had earlier expressed interest in the property.

JESSE REECE ODOM (Huntersville) – By Consent, the Commission suspended the broker license of Mr. Odom for a period of one year effective March 1, 2010. The Commission found that Mr. Odom, licensed in 2002, failed to report a conviction in 2007 of Driving While Impaired, Level 1,which was his fifth conviction for impaired driving, the previous four having been disclosed on his original license application.

RALPHELE REELS (Durham) – By Consent, the Commission revoked the broker license of Mr. Reels effective March 1, 2010. The Commission found that Mr. Reels, who was also certified as a home inspector and real estate appraiser, reported in several transactions incorrect information on appraisals submitted to lenders to obtain financing for buyers. The Commission also found that Mr. Reels failed to report disciplinary action taken against him by other licensing boards to the Commission as required.

MAURICE CARLOS ROCHA (Jacksonville) – By Consent, the Commission reprimanded Mr. Rocha effective March 15, 2010. The Commission found that Mr. Rocha failed to disclose four convictions dating from the early 1990’s on his 2007 license application.

ROBERT WILSON SANGER (Wilmington) – By Consent, the Commission reprimanded Mr. Sanger effective March 15, 2010. The Commission found that Mr. Sanger was convicted of Driving While Impaired on February 13, 2007 and Driving While Impaired, Level Two on February 26, 2009 and failed to report either conviction until October 19, 2009, more than 60 days after final judgment.

DEANNA BUTLER SINGLETARY (Rockingham) – The Commission revoked the broker license of Ms. Singletary effective April 1, 2010. The Commission found that Ms. Singletary, broker-in-charge of a sole proprietorship, listed a foreclosure property, the sale of which would earn a selling agent a bonus of $1,800 plus full commission, and subsequently presented an offer to purchase to the seller from buyers whom she had represented in approximately five or six previous transactions, listing herself as seller sub-agent on the contract. The Commission also found that Ms. Singletary received a second substantially higher offer from another real estate broker three days after the first offer and failed to present the offer to the seller although the first offer had not yet been accepted.

SLOANE REALTY (Ocean Isle Beach) – By Consent, the Commission reprimanded Sloane Realty effective May 1, 2010. The Commission found that Sloane Realty reported that its unlicensed bookkeeper embezzled trust account funds totaling $53,973.28; that the firm did not always use designated trust accounts for property owner association funds and failed to implement a trust account record keeping journal in compliance with Commission rules, and that one account had an overage of $1,700. The Commission also found that the firm used a software program to manage accounts that would not produce a journal in compliance with Commission rules. The Commission further found that the firm managed vacation property rentals for which there was no adequate property ledger system; that vacation rental forms did not clearly disclose the use of an interest bearing trust account; that the firm charged fees and deposits not permitted by the Vacation Rental Act, and did not disclose fees earned for the sale of travel and peace of mind insurance. Pursuant to the order, the firm provided evidence that its trust accounts were now being maintained in accordance with Commission rule.

DEBBIE SMITH (Ocean Isle Beach) – By Consent, the Commission reprimanded Ms. Smith effective May 1, 2010. The Commission found that Ms. Smith, as broker-in-charge and qualifying broker of a licensed real estate firm, reported that her unlicensed bookkeeper embezzled trust account funds totaling $53,973.28; that the firm did not always use designated trust accounts for property owner association funds and failed to implement a trust account record keeping journal in compliance with Commission rules, and that one account had an overage of $1,700. The Commission also found that the firm used a software program to manage accounts that would not produce a journal in compliance with Commission rules. The Commission further found that the firm managed vacation property rentals for which there was no adequate property ledger system; that vacation rental forms did not clearly disclose the use of an interest bearing trust account; that the firm charged fees and deposits not permitted by the Vacation Rental Act, and did not disclose fees earned for the sale of travel and peace of mind insurance.

MARCUS S. SPENCER (Durham) – By Consent, the Commission suspended the broker license of Mr. Spencer for a period of two years effective January 13, 2010. Six months of the suspension are active with the remainder stayed until the end of the suspension period. The Commission found that Mr. Spencer reported to the Commission that on July 22, 2009, he had been convicted of Possession of More than ½ oz. but Less Than 1 ½ oz. of a Schedule VI Controlled Substance (Marijuana) and Possession of Drug Paraphernalia in Durham County. The Commission also found that Mr. Spencer was previously convicted of additional criminal offenses in 1993, 1996, and 1998 and failed to disclose the 1993 conviction on his application for licensure and failed to disclose the 1996 and 1998 convictions within 60 days of final judgment as required by Commission rules.

MARY MARTHA MCGUIRE SPENCER (Salisbury) – By Consent, the Commission suspended the broker license of Ms. Spencer for a period of six months effective February 11, 2010. The suspension was stayed for a probationary period of two years on certain conditions. The Commission found that Ms. Spencer, who disclosed four prior convictions on her 2006 license application, was convicted in 2008 of Impaired Driving Level Two and sentenced to 10 days in the custody of the county sheriff, 24 months supervised probation and payment of fines and fees totaling $871.

THE HOME GROUP, INC. (Belmont) – The Commission accepted the voluntary surrender of the firm license of The Home Group for a period of five years effective April 19, 2010. The Commission dismissed allegations that The Home Group violated provisions of the Real Estate License Law and Commission rules. The Home Group neither admitted nor denied misconduct.

TOWN & COUNTRY REALTY, INC. (Cary) – By Consent, the Commission reprimanded Town & Country Realty effective May 1, 2010.  The Commission found that Town & Country Realty listed a distressed property for $145,000 in November 2007 with listing on the MLS delayed at the seller’s request until January 11, 2008, received an inquiry on January 12 from a real estate agent who expressed interest in the property, and then, the firm’s broker-in-charge with his wife, also a licensee, entered into a contract to purchase the property for $110,000 without informing the seller of another potential offer.

UNITED REAL ESTATE AND INVESTMENT GROUP, INC.  (Raleigh) – By Consent, the Commission permanently revoked the firm license of United Real Estate and Investment Group effective January 1, 2010. The Commission found that United Real Estate and Investment Group in several transactions failed to enter into written agency agreements with clients, reimbursed the buyers for their down payments and costs in transactions by making payments to the buyers directly and outside the closing, and created and failed to maintain and retain records as required by the Real Estate License Law and Commission rules.

NICIE JENNIFER WALLS (Durham) – By Consent, the Commission reprimanded Ms. Walls effective April 1, 2010. The Commission found that Ms. Walls falsely represented to the Centralized Showing Service when requesting permission to show a property that she was in front of the property with prospective buyers when, in fact, she was at home. The Commission also found that that Ms. Walls provided prospective buyers with the lockbox combination to the property to enable them to enter without her being present, and when the buyers set off the security alarm she falsely represented to the Centralized Showing Service that she was at the property in order to obtain the security alarm code. The Commission further found that the sellers arrived home to find the prospective buyers there alone and that respondent paid to have the home re-keyed and paid a $500 fine to her local Board of REALTORS®. Finally, the Commission found that Ms. Walls was conducting business under a name different from that on her license because she failed to notify the Commission of her name change.

BOBBIE L. WEAR (Oak Ridge) – By Consent, the Commission suspended the broker license of Ms. Wear for a period of one year effective July 1, 2010. The Commission then stayed the suspension for probationary period of one year. The Commission found that  in 2006 Ms. Wear, acting as qualifying broker and broker-in-charge of her licensed building/real estate firm, served as listing agent for a property in 2006 which she was aware had a three-bedroom permitted septic system but advertised the house has having four bedrooms on the MLS.

MICHAEL E. WOLLEN (Rock Hill, South Carolina) – By Consent, the Commission revoked the broker license of Mr. Wollen effective March 15, 2010. The Commission found that Mr. Wollen conducted property management services as president of a real estate brokerage firm after the firm’s license became inactive and without a qualifying broker or broker-in-charge and without affiliating with a licensed active firm or declaring himself broker-in-charge. The Commission also found that Mr. Wollen failed to remit approximately $154,000 in rental proceeds to his landlord-client.

GARY M. WOOD (Charlotte) – By Consent, the Commission permanently revoked the broker license of Mr. Wood effective February 11, 2010. The Commission found that Mr. Wood in 2007 participated in a fraudulent scheme in which he sold three homes to buyers in transactions in which he agreed to accept less for the homes than the purchase price stated in the contracts and closing statements. The Commission also found that the difference in price Mr. Wood agreed to accept and the contract price shown on the closing statements and contracts was disbursed to various companies owned by other participants in the scheme by entries on the closing statement that were false. The Commission further found that Mr. Wood pled guilty to one count of Mortgage Fraud Conspiracy in the U.S. District Court, Western District, Charlotte Division, and is currently awaiting sentencing.

This article came from the May 2010-Vol41-1 edition of the bulletin.