George Bell of Winston-Salem, Leonard H. “Tony” Craver, Jr., of Durham, and Anna Gregory Wagoner of Winston-Salem, have been appointed to the Real Estate Commission by Governor Pat McCrory for three-year terms ending July 31, 2016, it was announced by Miriam J. Baer, Executive Director.
The new members succeed Laura B. Bromhal of Raleigh, Jeffery J. Malarney of Wanchese, and Benjamin Cone III of Raleigh.
George Bell
Bell is president of G. Bell Productions, Inc., a real estate education firm serving real estate brokers across North Carolina, and Principal Broker of G. Bell Properties, a real estate brokerage firm. He is also a consultant to North Carolina real estate brokerage and law firms.
Bell entered the real estate business in 1978, following graduation from East Carolina University with a BS in Business Administration, as a broker, trainer and marketing representative. He has since held sales management, broker-in-charge, broker/owner and education positions with several of the state’s largest brokerage firms.
A member of the North Carolina Association of REALTORS® Board of Directors and Executive Committee, Bell also serves on the Legislative and Forms Committees. He is a past president of both the Winston-Salem Regional Association of REALTORS® and the Surry County Board of REALTORS®.
In 2012, he received the Billie J. Mercer Excellence in Education Award from the North Carolina Real Estate Commission and the Educator of the Year Award from the North Carolina Real Estate Educators Association (NCREEA). He is a past president and member of the boards of directors of both the state and international Real Estate Educators Associations.
Bell is a member of the National Association of REALTORS® (NAR) and its Real Estate Brokerage Managers, Residential Specialist, and Real Estate Buyer’s Agent Councils, Real Estate CyberSpace Society, and National Speakers Association. A licensed auctioneer, he is a member of the Auctioneer Association of North Carolina.
Leonard H. “Tony” Craver, Jr.
Craver is owner and broker-in-charge of Craver Real Estate, LLC, in Durham, and has been active in the real estate business since 1967. He was awarded “REALTOR® Emeritus” by the National Association of REALTORS® in 2008.
Past president in 2005 of the Durham Regional Association of REALTORS®, Craver received the association’s “REALTOR® of the Year” award in 2007. He served on the North Carolina Association of REALTORS® Forms Committee for 12 years and as its Chairman in 2008-2009, was elected NCAR Region Four Vice President in 2011 and 2012, and received NCAR’s Regional Service Award in 2012.
Craver is the author of From the Ground Up – Building and Selling the American Dream, a collection of stories about the building and real estate business. A graduate of Duke University with a BA in Economics and a varsity letter in tennis, he is married with four children and 10 grandchildren.
Anna Gregory Wagoner
Wagoner is an attorney with the law firm of Blanco Tackabery & Matamoros in Winston-Salem and manages the firm’s commercial title practice which includes title searches and recording in all 100 North Carolina counties.
Active in the practice of real estate law for approximately 14 years, Wagoner was formerly associated as an attorney with Investors Title Insurance Company of Chapel Hill, the North Carolina Employment Security Commission, Fidelity National Title Insurance Company of Raleigh, SpectraSite Communications, Inc., of Cary, and Isaacson, Isaacson & Sheridan, L.L.P., of Greensboro.
Wagoner is a member of the North Carolina Bar Association, Forsyth County Bar Association, Piedmont Triad Commercial Real Estate Women, and the North Carolina Land Title Association. She is a former advisor to the A.E. Finley YMCA Leaders’ Club, former tutor for the Literacy Council of Wake County, and former member of the Raleigh Jaycees.
She is a graduate of Wake Forest University with a BA in Psychology and holds a Juris Doctor degree from the Wake Forest University School of Law.
This article came from the February 2014-Vol44-3 edition of the bulletin.
ANGELA BENNETT (Asheville) – By Consent, the Commission revoked the broker license of Ms. Bennett effective January 16, 2014. The Commission found that, while working with vendors to make repairs on one or more REO properties held by Fannie Mae and listed by Ms. Bennett, Ms. Bennett requested reimbursement for payments to vendors which she had not made; that in one instance, Ms. Bennett accepted Fannie Mae’s reimbursement of approximately $8,140 for mold remediation on a home after she falsely reported that she had paid the vendor; that, after Ms. Bennett had moved to a new firm, the mold remediation vendor contacted the new firm and requested payment for the unpaid invoice; that Ms. Bennett intentionally omitted telling her new firm that Fannie Mae had already reimbursed for the vendor’s work; and that Ms. Bennett’s new firm paid the vendor based on Ms. Bennett’s false representation that Fannie Mae would reimburse the firm. The Commission noted that Ms. Bennett has reimbursed the firm for the funds it remitted to vendors on her behalf.
HEATHER LYNNE BROOKS (Greensboro) – By Consent, the Commission suspended the broker license of Ms. Brooks for a period of six months effective January 1, 2014. The Commission found that Ms. Brooks listed a property for sale and subsequently accepted an offer to purchase on behalf of her seller client, but she failed to return an executed copy to the buyer’s agent; that Ms. Brooks instructed the buyer’s agent to mail the earnest money check to her personal residence; and that when the buyer terminated the transaction based on results of the home inspection, Ms. Brooks failed to refund the earnest money deposit or provide an accounting of the funds, claiming she never received it. The Commission also found that Ms. Brooks continued to advertise her real estate services through her Web site, although her real estate license went on inactive status July 1, 2013.
KRYSTAL P. BROYHILL (Conover) – By Consent, the Commission suspended the broker license of Ms. Broyhill for a period of two years effective November 1, 2013. Six months of the suspension are to be active with the remainder stayed under certain conditions. The Commission found that Ms. Broyhill served as a right-of-way agent with the North Carolina Department of Transportation (NCDOT) and contacted an individual to provide assistance with relocation as part of a NCDOT highway project, and that Ms. Broyhill failed to provide the individual with a copy of the Working With Real Estate Agents brochure. Ms. Broyhill disputed the findings and the action taken against her license, but entered into a Consent Agreement to avoid the cost and expense of a hearing and to move forward and fully resolve the matter.
RYAN DANIEL CIESLAK (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Cieslak for a period of 24 months effective March 1, 2014. The Commission then stayed the suspension for a probationary period of 24 months. The Commission found that Mr. Cieslak, acting as qualifying broker and broker-in-charge of a property management firm, failed to supervise unlicensed employees who performed property management duties including advertising rental property, negotiating leases and collecting tenant security deposits and rental payments; failed to oversee maintenance of the firm’s trust accounts which were being maintained by the unlicensed employees; and failed to inform clients or the Commission that the firm was ceasing property management enabling the unlicensed employees to continue using the name and providing services to the same clients when they formed a new firm with a new broker-in-charge.
JASON COX (Graham) – Following a hearing, the Commission suspended the broker license of Mr. Cox for a period of 24 months effective November 1, 2013. Ten months of the suspension are active with the remainder stayed for a probationary period on certain conditions. The Commission found that Mr. Cox acted as listing agent for various lenders to list and market REO properties; that Mr. Cox, through related entities, purchased REO properties from his clients for below-market prices and then resold the properties for a profit; that Mr. Cox failed to disclose his association with these related entities to some of his clients; and that Mr. Cox represented buyers and sellers in the same transactions without written consent for dual agency by both parties. The Commission further found that Mr. Cox maintained only one firm office, but advertised having numerous office locations in order to give potential lender clients the impression that there was a physical address in the locality. The Commission noted that Mr. Cox has changed the firm’s business model, settled a dispute with a bank, and continues to represent the same lenders with no additional complaints.
EAST COAST REO, LLC (Graham) – Following a hearing, the Commission reprimanded the brokerage firm of East Coast REO effective December 27, 2013. The Commission found that East Coast REO contracted as listing agent for various mortgage lenders to list and market REO properties; that East Coast REO’s broker-in-charge, Jason Cox, acting through related entities, purchased REO properties from East Coast REO’s clients for below-market prices and then resold the properties for a profit; that East Coast REO failed to disclose Mr. Cox’s association with these related entities to some of its clients; and that East Coast REO represented buyers and sellers in the same transactions without written consent for dual agency by both parties. The Commission further found that East Coast REO maintained only one firm office, but advertised having numerous office locations in order to give potential lender clients the impression that there was a physical address in the locality. The Commission noted that East Coast REO has changed its business model, settled a dispute with a bank, and continues to represent the same lenders with no additional complaints.
ELIZABETH A. GIRI (Pinehurst) – Following a hearing, the Commission suspended the broker license of Ms. Giri for one year effective June 1, 2013. Six months of the suspension were active with the remainder stayed with a probationary period ending May 31, 2014. The Commission found that Ms. Giri, acting as the owner of a building contracting and real estate firm, collected a $2,200 tenant security deposit for property the firm owned from a prospective tenant, but failed to return the deposit when requested after it was determined that the property was not suitable for the prospective tenant’s needs. The Commission also found that Ms. Giri, who had declared herself broker-in-charge of her sole proprietorship in April 2003, allowed her license to expire in June 2003; and that when Ms. Giri reactivated her license in July 2003, she failed to designate herself as broker-in-charge; and that her license has remained active but unaffiliated since then.
GREENPOINT OF THE CAROLINAS LLC (Charlotte) – By Consent, the Commission revoked the firm license of Greenpoint of the Carolinas effective December 11, 2013. The Commission found that Greenpoint of the Carolinas, a property management and general brokerage firm, entered into a number of property management agreements with landlord clients, but failed to remit collected rental proceeds to its clients and allowed trust monies to be converted to the benefit of the firm’s unlicensed manager.
EARL S. HORNE (Blowing Rock) – By Consent, the Commission revoked the broker license of Mr. Horne effective January 16, 2014. The Commission found that Mr. Horne provided property management services through a formerly licensed real estate company which had been administratively dissolved by the North Carolina Secretary of State; and that Mr. Horne collected rents on behalf of landlord clients, but failed to remit the rents to the appropriate parties. The Commission also found that Mr. Horne failed to respond to Letters of Inquiry received from the Commission.
CAROL ANNE HORNE (Blowing Rock) – By Consent, the Commission revoked the broker license of Ms. Horne effective January 16, 2014. The Commission found that Ms. Horne, acting as qualifying broker and broker-in-charge of a formerly licensed firm which had been administratively dissolved by the North Carolina Secretary of State, continued to provide property management services through the dissolved firm; that Ms. Horne failed to maintain trust accounts in compliance with Commission rules; and that rents collected by the firm on behalf of clients were not disbursed pursuant to Commission rules.
JOHN NICHOLAS HRUSKA (Huntersville) – By Consent, the Commission suspended the broker license of Mr. Hruska for a period of nine months effective February 1, 2014. The Commission then stayed the suspension for a probationary period of nine months. The Commission found that Mr. Hruska, acting as manager, qualifying broker, and broker-in-charge of a licensed property management firm formed by an unlicensed individual, failed to perform the supervisory requirements of a BIC and failed to oversee the activities of the firm’s unlicensed member/manager who advertised rental properties, signed lease agreements, and collected tenant security deposits and rental payments. The Commission also found that Mr. Hruska failed to oversee the firm’s trust accounts which were being maintained by the unlicensed member/manager. The Commission noted that Mr. Hruska left the firm after four months.
SHEILA J. HUDSON (China Grove) – By Consent, the Commission revoked the broker license of Ms. Hudson effective January 16, 2014. The Commission found that Ms. Hudson requested a showing of a property and then viewed the property alone, and that a laptop, which was in operation inside the home, recorded video footage of the kitchen area which tended to show Ms. Hudson opening cabinets in the kitchen and reviewing certain medications belonging to the homeowner.
EDWARD A. KEARNS (Lexington) – By Consent, the Commission suspended the broker license of Mr. Kearns for a period of three months effective January 1, 2014. The Commission then stayed the suspension under certain conditions. The Commission found that Mr. Kearns made offers on short sale properties requiring that all subsequent offers submitted on the property be directed to Mr. Kearns, and not be shared with the short sale lender, and that Mr. Kearns received subsequent offers that he failed to forward to the appropriate short sale lender. The Commission also found that Mr. Kearns, in other transactions, incorrectly advised clients to put properties in inter vivos trusts pursuant to the Garn-St. Germain Depository Institutions Act of 1982 with false assurances that such transfers would not trigger the due-on-sale clause of the client’s mortgage.
DAVID R. KLARMANN (Pittsboro) – By Consent, the Commission suspended the broker license of Mr. Klarmann for a period of one year effective December 1, 2013. The Commission then stayed the suspension for a probationary period ending November 30, 2014. The Commission found that Mr. Klarmann, engaged in real estate development and property management, developed his own personal land into a residential subdivision and established a homeowners association (HOA) for the neighborhood; that Mr. Klarmann managed the seven-property HOA until he turned over management to the homeowners in 2011; and that while Mr. Klarmann was manager for the HOA, he failed to maintain records in compliance with the Real Estate License Law and Commission rules which resulted in the mismanagement of the HOA’s funds. The Commission noted that Mr. Klarmann has arranged repayment to the HOA.
RONALD C. MCCLURE (Andrews) – By Consent, the Commission reprimanded Mr. McClure effective November 1, 2013. The Commission found that Mr. McClure, acting as listing agent in the sale of a rural cabin, received a Residential Property Disclosure Statement from the sellers who did not answer a question on the form about easements and shared driveways; that Mr. McClure failed to verify the status of easements and right-of-ways on the property and falsely represented that the property was serviced by an established right-of-way on a privately owned road; that one month after the buyers closed on the property, heavy rains damaged the road, making it impassable, after which the owner of the road blocked it and refused permission to use it; that, in fact, there was no easement or deeded right-of-way for the property at that location; and that the buyers have been unable to access the property since January 2013.
NETWORTH INVESTMENTS LLC (Charlotte) – By Consent, the Commission suspended the firm license of Networth Investments for a period of 24 months effective March 1, 2014. The Commission then stayed the suspension for a probationary period of 24 months. The Commission found that Networth Investments, a property management firm, failed to supervise unlicensed employees who performed property management duties including advertising rental property, negotiating leases and collecting tenant security deposits and rental payments; failed to oversee maintenance of the firm’s trust accounts which were being maintained by the unlicensed employees; and failed to inform clients or the Commission that the firm was ceasing property management enabling the unlicensed employees to continue using the name and providing services to the same clients when they formed a new firm with a new broker-in-charge.
MARC S. PARHAM (Morganton) – Following a hearing, the Commission revoked the broker license of Mr. Parham effective November 14, 2013. The Commission found that Mr. Parham, while engaged in the property management business as broker-in-charge (BIC) of his sole proprietorship, entered into a property management agreement with a landlord owner, and failed to account for or remit within a reasonable time any monies coming into his possession which belonged to others; that Mr. Parham failed to maintain and deposit in a trust or escrow account all money received by him as a real estate licensee; and that Mr. Parham violated Commission rules by failing to deposit and maintain funds he received while acting in a fiduciary capacity, failing to make his records available for inspection by the Commission, failing to safeguard the money of others coming into his possession, failing to maintain the trust or escrow account as BIC of his own sole proprietorship, and failing to properly retain and maintain records relating to transactions conducted through his sole proprietorship.
PETER A. SPRAGUE (Cary) – By Consent, the Commission revoked the broker license of Mr. Sprague effective November 14, 2013. The Commission found that Mr. Sprague, as broker-in-charge of a sole proprietorship rental property management business, failed to timely send rental proceeds or provide an accounting for the funds to his landlord client and failed to comply with a Commission request for records, which had to be subpoenaed from Mr. Sprague’s bank. The Commission also found that a number of checks were written from Mr. Sprague’s trust account to cash or to Mr. Sprague’s sole proprietorship, including $2,500 in March 2012 and $1,504 in April 2012.
SOUTHEASTERN WATERFRONT MARKETING INC. (Charlotte) – The Commission accepted the permanent voluntary surrender of the firm license of Southeastern Waterfront Marketing effective December 11, 2013. Southeastern Waterfront Marketing, Inc., denied allegations that it violated provisions of the Real Estate License Law and Commission rules. The Commission dismissed the case but reserved the right to re-examine those allegations only in any potential application for a broker or other license.
JOHN W. SPIVEY (Sanford) – By Consent, the Commission suspended the broker license of Mr. Spivey for a period of six months effective January 1, 2014. The Commission found that Mr. Spivey was secretary-treasurer of a firm which sold a property in July 2008 to a buyer who entered into a 20-year contract for deed with the firm; that the buyer paid the seller firm a $10,000 down payment and Mr. Spivey collected monthly payments of $1,000 from the buyer; that in July 2011, the lender foreclosed on the subject property and that Mr. Spivey failed to disclose the foreclosure to the buyer and continued to collect the $1,000 monthly payments from the buyer until January 2012.
H. CHRISTOPHER THOMPSON (Greensboro) – By Consent, the Commission revoked the broker license of Mr. Thompson effective January 16, 2014. The Commission found that Mr. Thompson, acting as broker-in-charge of a real estate brokerage firm, failed to maintain his firm’s trust account records in compliance with Commission rules, failed to perform reconciliations, and had a negative bank balance in the firm’s trust account. The Commission also found that Mr. Thompson failed to remit owner proceeds and tenant security deposits and sent multiple NSF checks to clients.
GRADY F. WATKINS, JR. (Southport) – By Consent, the Commission reprimanded Mr. Watkins effective December 1, 2013. The Commission found that Mr. Watkins performed 200 Broker Price Opinions between 2009 and 2012 and received only five listing agreements for the sale of the properties. The Commission also found that Mr. Watkins failed to report to the Commission the surrender of his firm’s general contractor’s license in a disciplinary action brought by the NC Licensing Board for General Contractors resulting from Mr. Watkins’ collection of a $16,000 client deposit from a client and his failure to refund the deposit or provide an accounting for his use of the funds.
LYNSEY J. WEBER (Matthews) – By Consent, the Commission granted reinstatement of the broker license of Ms. Weber effective December 11, 2013 and then immediately suspended the license for a period of three years. The Commission then stayed the suspension for a probationary period through and including December 31, 2016 under certain conditions. The Commission found that Ms. Weber failed to renew her license and her firm’s license on June 30, 2012, but continued to conduct real estate brokerage individually and through her firm until May, 2013, when she learned both licenses were expired. The Commission noted that no clients were harmed as a result.
ELIZABETH E. WHITCRAFT (Kill Devil Hills) – The Commission accepted the permanent voluntary surrender of the broker license and instructor approval of Ms. Whitcraft effective November 13, 2013. The Commission dismissed without prejudice allegations that Ms. Whitcraft violated provisions of the Real Estate License Law and Commission rules. Ms. Whitcraft neither admitted nor denied misconduct.
This article came from the February 2014-Vol44-3 edition of the bulletin.