MARIA B. ALLEN (Elizabeth, New Jersey) – By Consent, the Commission suspended the broker license of Ms. Allen for a period of three years effective November 20, 2006. Six months of the suspension are to be active with the remainder stayed for a probationary period of 30 months. The Commission found that Ms. Allen was convicted of Conspiracy to Distribute and Possess With Intent to Distribute Cocaine in federal district court in the year 2000 and failed the report the conviction within 60 days of final judgment as required by Commission rule. The Commission noted that Ms. Allen reported the conviction in 2006 of her own volition.
DEMONTE C. ALLEYNE (Charlotte) – The Commission revoked the broker license of Mr. Alleyne effective September 29, 2006. The Commission found that Mr. Alleyne, acting as a dual agent for property owners and buyers in a transaction, prepared contracts for a lease/option agreement in an incomplete manner, violating the specific use instructions for the various contract forms he used, and engaging in the unauthorized practice of law; failed to enter in a written buyers agency agreement and failed to present the Working With Real Estate Agents brochure to either party; failed to create and maintain records relevant to the transaction and produce them at the request of Commission staff; and, while representing that he was depositing funds into his trust account, converted $4,700 paid by the buyers to his own use.
DARYL H. BAKER (Charlotte) – By Consent, the Commission revoked the broker license of Mr. Baker effective October 1, 2006. The Commission found that Mr. Baker paid unlicensed individuals and firms for procuring buyers for properties for sale and for procuring tenants for properties belong to his investor clients. The Commission also found that Mr. Baker collected and held earnest money deposits, rents, appraisal fee monies, and tenant security deposits belonging to his clients and customers, but did not deposit these monies in a trust account or safeguard them in accordance with Commission rules.
SHARON O. BARNHARDT (Charlotte) – By Consent, the Commission suspended the broker license of Ms. Barnhard for a period of six months effective July 1, 2006. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Barnhardt listed and advertised a property as having 2,065 heated square feet when, in fact, the property had 1,766 heated square feet and 245 unheated square feet.
LOIS W. BLACK (Wadesboro) – By Consent, the Commission suspended the broker license of Ms. Black for a period of six months effective December 1, 2006. One month of the suspension was active with the remainder stayed for a probationary period of six months. The Commission found that Ms. Black served as listing agent for several properties where the purchase prices were inflated from the listing price after contract, while the seller received only the original list price, and failed to adequately review closing statements and contracts relating to the properties to the detriment of both sellers and buyers.
MICHAEL J. BONZAK (Hampstead) – By Consent, the Commission suspended the broker license of Mr. Bonzak for a period of 60 days effective March 1, 2007. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Bonzak, as broker-in-charge of a real estate brokerage firm, made no effort to oversee trust account procedures: transactions were not recorded with required information, journals did not include running balances and accounts were interest-bearing without proper authority.
LEX I. CARROLL (Kill Devil Hills) – By Consent, the Commission suspended the broker license of Mr. Carroll for a period of two years effective December 1, 2006. One year of the suspension is to be active with the remainder stayed. The Commission found that Mr. Carroll pled guilty on or about June 25, 2002 to two counts of violating the North Carolina Controlled Substances Act.
ARTHUR R. CARTER (Asheville) – By Consent, the Commission revoked the broker license of Mr. Carter effective December 31, 2006. The Commission found that Mr. Carter, as principal/qualifying broker and broker-in-charge of a real estate brokerage firm, failed to produce coherent records for the firm’s two trust accounts and converted trust account funds to pay firm operating costs. The Commission also found that Mr. Carter did not obtain written management contracts for rental properties managed on others’ behalf. Mr. Carter neither admitted nor denied the Commission’s findings.
RACHAEL DOMINESSY (Swansboro) – By Consent, the Commission revoked the broker license of Ms. Dominessy effective October 1, 2006. The Commission found that Ms. Dominessy, broker-in-charge of a real estate brokerage firm, transferred client and tenant monies from the firm’s trust accounts into the firm’s operating accounts without authority and that there was a shortfall in the trust accounts. Ms. Dominessy neither admitted nor denied the Commission’s findings and conclusions but nevertheless agreed to the revocation of her real estate broker license based upon them.
JEFFREY L. ECLEBERRY (Charlotte) – The Commission accepted the voluntary surrender of the broker license of Mr. Ecleberry for a period of three years effective January 11, 2007. The Commission dismissed without prejudice allegations that Mr. Ecleberry had violated the Real Estate Law and Commission rules. Mr. Ecleberry neither admitted nor denied misconduct.
EXECUTIVE REALTY, INC. (Fayetteville) – By Consent, the Commission revoked the firm license of Executive Realty effective January 1, 2007. The Commission found that Executive Realty, as broker and rental agent for the owners of rental real estate, failed to keep complete and accurate records of the funds of others in its possession, did not create a clear audit trail or identify with certainty the ownership of monies, and failed to account for monies to landlord clients.
1ST CHOICE PROPERTIES OF THE TRIAD, INC. (Greensboro) – By Consent, the Commission revoked the firm license of 1st Choice Properties of the Triad effective November 20, 2006. The Commission found that 1st Choice Properties of the Triad failed to produce full and accurate trust account records for Commission review, converted monies belong to real estate clients to its own use and failed to maintain client monies in a trust account.
DONELL FULLER (Fayetteville) – By Consent, the Commission revoked the broker license of Mr. Fuller effective January 1, 2007. The Commission found that Mr. Fuller, as a broker-in-charge and rental agent for the owners of rental real estate, failed to keep complete and accurate records of the funds of others in his possession, did not create a clear audit trail or identify with certainty the ownership of monies, and failed to account for monies to landlord clients.
GMD PROPERTIES, INC. (Kill Devil Hills) – The Commission accepted the voluntary surrender of the firm license of GMD Properties for a period of three years effective February 1, 2007. The Commission dismissed without prejudice allegations that GMD Properties violated provisions of the Real Estate License Law and Commission rules. GMD Properties neither admitted nor denied misconduct.
MICHAEL W. HEAD (Wilmington) – The Commission accepted the voluntary surrender of the broker license of Mr. Head for a period of one year effective November 27, 2006. The Commission dismissed without prejudice allegations that Mr. Head had violated provisions of the Real Estate License Law and Commission rules. Mr. Head neither admitted nor denied misconduct.
ALAN T. HILL (East Bend) – By Consent, the Commission suspended the broker license of Mr. Hill for a period of three years effective December 14, 2006. Two years of the suspension are to be active with the remainder stayed for a probationary period of one year. The Commission found that Mr. Hill disclosed that he had been convicted of certain criminal offenses on his 1997 license application, but failed to disclose misdemeanor convictions related to driving. The Commission also found that Mr. Hill failed to report in a timely manner subsequent convictions for Felony Possession of Cocaine (2002), and Misdemeanor Possession of Drug Paraphernalia, Resisting a Public Officer, Felony Possession of Cocaine and Misdemeanor Possession of a Schedule IV Controlled Substance, all in 2003.
WILLIAM ROBERT HUTCHINS (Raleigh) – By Consent, the Commission revoked the broker license of Mr. Hutchins effective January 1, 2007. The Commission found that on November 15, 2006, Mr. Hutchins reported to the Real Estate Commission that on August 30, 2006, he was convicted in district court of the criminal offense of prostitution. The Commission also found that Mr. Hutchins declined to provide the Commission’s representatives with a response to a Letter of Inquiry about the matter.
CATHY H. JACKSON (Wadesboro) – By Consent, the Commission accepted the voluntary surrender of the broker license of Ms. Jackson for a period of two years effective December 1, 2006. The Commission dismissed without prejudice allegations that Ms. Jackson had violated provisions of the Real Estate License Law and Commission rules. Ms. Jackson neither admitted nor denied misconduct.
EVAN N. KELLEY, JR. (Sapphire) – The Commission accepted the voluntary surrender of the broker license of Mr. Kelley for a period of two years effective the November 21, 2006. The Commission dismissed without prejudice allegations that Mr. Kelley had violated provisions of the Real Estate License Law and Commission rules. Mr. Kelley neither admitted nor denied misconduct.
TERRENCE LLEWELLYN (Charlotte) – By Consent, the Commission revoked the broker license of Mr. Llewellyn effective January 15, 2007. The Commission found that Mr. Llewellyn, acting on his own account as buyer and borrower, submitted erroneous information about his income in applying for mortgage loans in two real estate transactions. The Commission noted that Mr. Llewellyn satisfied the lender concerning the matter after the lender discovered the erroneous information.
L’ORANGE I, LLC (Charlotte) – By Consent, the Commission permanently revoked the firm license of L’Orange effective January 10, 2007. The Commission found that L’Orange, a real estate brokerage firm, failed to produce transaction and trust account records when requested to do so by the Commission.
ADE A. MACGREGOR (Chapel Hill) – By Consent, the Commission suspended the broker license of Mr. MacGregor for a period of two years effective April 1, 2007. The Commission found that Mr. MacGregor, as broker-in-charge and president of a real estate brokerage firm, was entrusted with earnest money and other funds belonging to clients and customers but failed to deposit and maintain the funds in a trust account, failed to create and keep proper records of the trust account, and failed to make the records available for inspection by the Commission.
MACGREGOR AND COMPANY REALTY, INC. (Chapel Hill) – By Consent, the Commission revoked the firm license of MacGregor and Company Realty effective January 15, 2007. The Commission found that MacGregor and Company Realty was entrusted with earnest money and other funds belonging to clients and customers but failed to deposit and maintain the funds in a trust account, failed to create and keep proper records of the trust account, and failed to make its records available for inspection by the Commission.
ANN H. MCCLURE (Waynesville) – By Consent, the Commission suspended the broker license of Ms. McClure effective January 30, 2007. One month was active with the remainder stayed for a probationary period of one year. The Commission found that Ms. McClure, while acting as a broker in a transaction involving the listing and sale of her personal residence, failed to disclose to the purchasers the existence of an addition to the residence, existing structural and moisture damage to the residence, and the presence of associated mold resulting from the inadequate design and construction of the addition. The Commission noted that the purchasers were paid $120,827.16 in compensation relating to the condition of the residence and associated fees, costs and expenses. Ms. McClure neither admitted nor denied the Commission’s findings and conclusions.
LOLA H. MONROE (Greensboro) – By Consent, the Commission revoked the broker license of Ms. Monroe effective February 8, 2007. The Commission found that Ms. Monroe, a resident of Georgia and qualifying broker and broker-in-charge of a North Carolina real estate firm, permitted a previously revoked licensee to run the business. The Commission also found deficiencies in the firm’s trust account records including a lack of ledgers, running balances, accurate deposit records and monthly reconciliations, and that the firm had a shortage of at least $8,000.
P & M REALTY & CONSULTING COMPANY, LLC (Greensboro) – By Consent, the Commission revoked the firm license of P & M Realty and Consulting effective February 8, 2007. The Commission found that P & M Realty and Consulting had deficiencies in the firm’s trust account records including a lack of ledgers, running balances, accurate deposit records and monthly reconciliations. and that its accounts had a shortage of at least $8,000.
PATRICIA L. PARR (Greensboro) – By Consent, the Commission revoked the broker license of Ms. Parr effective November 20, 2006. The Commission found that Ms. Parr failed to produce full and accurate trust account records for Commission review, converted monies belonging to real estate clients to her own use and failed to maintain client monies in a trust account.
HOYLE PENEGAR (Monroe) – By Consent, the Commission suspended the broker of license of Mr. Penegar for a period of 90 days effective December 1, 2006. The Commission found that Mr. Penegar, during 2004, while a state-certified appraiser, valued a property and improvements at $160,000 without documenting in his appraisal report the basis for his opinion as required by the Uniform Standards of Professional Appraisal Practice and the rules promulgated by the North Carolina Appraisal Board. The Commission also found that on March 23, 2006, the Appraisal Board suspended the appraisal certificate of Mr. Penegar pending completion of certain professional appraisal education and that Mr. Penegar did not complete the education required and discontinued his appraisal practice.
DEAN D. PISTOR (Asheville) – By Consent, the Commission reprimanded Mr. Pistor effective January 1, 2007. The Commission found that Mr. Pistor, in his salesperson application, failed to disclose a 1989 conviction for impaired driving and in his broker application, a 1992 conviction for assault on a female, as required by Commission rule.
JOHANNA W. PROCK (Asheville) – By Consent, the Commission reprimanded Ms. Prock effective November 1, 2006. The Commission found that Ms. Prock failed to report 1995 convictions on her 2002 salesperson license application for misdemeanor Assault on a Government Official and Injury to Person Property and failed to disclose a 1996 conviction for Giving Fictitious Information to a Police Officer. The Commission noted that Ms. Prock subsequently reported the convictions of her own volition and cooperated with the Commission’s inquiry.
REAL ESTATE GROUP OF ASHEVILLE, INC. (Asheville) – By Consent, the Commission suspended the firm license of Real Estate Group of Asheville for a period of two years effective December 31, 2006. The Commission then stayed the suspension for a probationary period of two years on certain conditions. The Commission found that the firm’s qualifying broker/broker-in-charge, failed to produce coherent records for the firm’s two trust accounts and converted trust money to pay firm operating costs. The Commission also found that neither the qualifying broker nor the firm maintained written management contracts for certain rental properties managed on others’ behalf. Real Estate Group of Asheville neither admitted nor denied the Commission’s findings.
RESIDENTIAL ASSET MANAGEMENT I, LLC (Charlotte) – By Consent, the Commission permanently revoked the firm license of Residential Asset Management effective January 10, 2007. The Commission found that a salesperson associated with Residential Asset Management paid unlicensed individuals for procuring buyers for property and failed to deposit client funds into the firm’s escrow account and instead deposited them into his personal account.
LISA A. SALOMON (Mooresville) – By Consent, the Commission suspended the broker license of Ms. Salomon for a period of two years effective December 5, 2005. 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 during 1998, Ms. Salomon entered into an agreement with an investor to transfer real property into a corporation in which the investor would have a 50% interest, in exchange for a capital contribution to a proposed business venture. The Commission found that the investor made the capital contribution but that Ms. Salomon did not convey the property as she had promised, and instead conveyed it to her in-laws. The Commission also found that the investor sued Ms. Salomon, and the court set aside the conveyance as fraudulent.
KRISTA PAIGE HOFSTRA SANDS (Gastonia) – By Consent, the Commission suspended the broker license of Ms. Sands for a period of two years effective November 15, 2006. Forty five days of the suspension were active with the remainder stayed under certain conditions. The Commission found that Ms. Sands used her multiple listing service key to enter a property without permission of the owner as required by the multiple listing service. The Commission also found that during the time that Ms. Sands was in the home she took items of personal property from the home.
LEE S. SMITH, JR. (Asheville) – The Commission revoked the broker license of Mr. Smith effective December 14, 2006. The Commission found that Mr. Smith made false statements and provided false information to the Commission about his criminal convictions in connection with his broker and firm license applications and failed to report to the Commission the crimes of which he had been convicted. The Commission also found that Mr. Smith failed to report to the Commission within the required time approximately three convictions occurring after August 1, 1996, the effective date following which licensees are required to report any convictions of a criminal offense within 60 days of final adjudication.
SAMUEL I. SMITH (Kill Devil Hills) – The Commission accepted the voluntary surrender of the broker license of Mr. Smith for a period of three years effective February 1, 2007. The Commission dismissed without prejudice allegations that Mr. Smith violated provisions of the Real Estate License Law and Commission rules. Mr. Smith neither admitted nor denied misconduct.
TIMOTHY M. THOMAS (Surf City) – By Consent, the Commission suspended the broker license of Mr. Thomas for a period of six months effective November 20, 2006. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Mr. Thomas failed to report a 1989 DWI conviction and two 1999 simple assault convictions on his 1999 salesperson license application. The Commission noted that Mr. Thomas disclosed them on his 2005 broker license application.
ROBERT A. VOLLES (Charlotte) – By Consent, the Commission permanently revoked the broker license of Mr. Volles effective January 10, 2007. The Commission found that Mr. Volles, as broker-in-charge in 2003 of a real estate brokerage firm, failed to supervise a salesperson associated with the firm who paid unlicensed individuals for procuring buyers for property and failed to deposit client funds into the firm’s escrow account and instead deposited them into his personal account. The Commission also found that Mr. Volles, as broker-in-charge in 2001 of a home building firm, participated in a transaction in which the closing statement indicated that the firm provided the buyer with owner financing in the amount of $100,000, when, in fact, the firm did not provide any financing. The Commission further found that, approximately one year after closing, Mr. Volles certified to the Mecklenberg County Register of Deeds that the buyer had repaid the owner financing in full, a statement which was false. Finally, the Commission found that Mr. Volles was broker-in-charge of a real estate brokerage firm from November 2002 to June 30, 2006, and Mr. Volles failed to produce transaction and trust account records when requested to do so by the Commission.
VERNIECEE WHITAKER (Winston-Salem) – The Commission revoked the broker license of Ms. Whitaker effective January 11, 2007. The Commission found that Ms. Whitaker, acting as a buyer’s agent, communicated to her buyer that the buyer’s offer to purchase a newly constructed house had been accepted by the seller when it had not, and provided the buyer with the keys from the lockbox, when no such authorization had been granted. The Commission also found that Ms. Whitaker faxed a forged contract to her broker-in-charge using a copy of the seller’s signature from another contract and, when asked to provide the original documents, eventually admitted there were none. The Commission noted that Ms. Whitaker’s firm reimbursed the buyer’s earnest money and moving expenses.
This article came from the March 2007-Vol37-3 edition of the bulletin.
Mary Frances Whitley, Director of Administration, was installed as President of the Association of Real Estate License Law Officials (ARELLO) at its annual meeting in San Antonio in September.
Whitley leads an international organization dedicated to promoting better administration and enforcement of real estate license and regulatory laws by its members. Her one-year term begins January 2007.
In 28 years with the Commission, Whitley has held a number of positions with ARELLO including District Vice President and Chair of the Program and Administrative Committees.
ARELLO membership is organized into six districts with four comprised of the 50 states, U.S. territories, Bahamas and Bermuda; one of Canada; and one of members from Europe, Africa, Asia, Australia and the Far East.
Working committees, training boards and specialized councils carry out the organization’s mission to support jurisdictions in the administration and enforcement of real estate license laws to promote and protect the public interest.
Whitley is the fourth person affiliated with the Commission to serve as President of ARELLO. Phillip T. Fisher, Executive Director, was elected President in 1991; Commission member A. P. “Red” Carlton in 1985; and Secretary-Treasurer Joseph Schweidler in 1972.
This article came from the October 2006-Vol37-2 edition of the bulletin.
Reports are that some brokers are mischaracterizing certain rooms as “bedrooms”.
Specifically, in order to enhance the marketability of homes listed for sale, they are submitting information to multiple listing services and through advertising identifying as “bedrooms” rooms which were never designed or intended for such use.
As a result, prospective purchasers seeking homes with the number of bedrooms shown in the MLS are frustrated and angry when their agents show them homes where one or more of the “bedrooms” is clearly not suited for that purpose – even though the seller may have used the room as a bedroom.
The question then arises, “What is a bedroom?” Although there is no clear answer, here are some factors to consider when classifying a room as a bedroom:
Is there a clothes closet in or conveniently available to the room? However, since bedroom closets were not a common design feature in many older homes, do not disqualify rooms in these homes which do not contain closets if they were clearly intended to be used as bedrooms.
Is there sufficient space in the room to accommodate standard bedroom furniture? 8’x10’ is suggested for a single bed, and 10’x11½’ for double beds.
Does the home comply with governmental regulations (septic tank requirements, fire and safety codes, etc.) pertaining to bedrooms? When in doubt, check with the appropriate local government agency.
To paraphrase a classic song, “A room is not a bedroom, just because there’s someone sleeping there.” So, save potential buyers and their agents time and trouble, and save yourself possible action from the Real Estate Commission by using your common sense and exercising reasonable judgment when determining whether a room is, for listing purposes, a bedroom.
Sandra L. “Sandy” Williams of Charlotte has been named the 2006 recipient of the North Carolina Real Estate Commission’s Billie J. Mercer Excellence in Education Award.
Ms. Williams, a J. Y. Monk Real Estate Training Center real estate instructor, is a past president of the North Carolina Real Estate Educators Association (NCREEA) and holds the Distinguished Real Estate Instructor (DREI) designation from the national Real Estate Educators Association. The late Ms. Mercer strongly supported education as a Commission member.
This article came from the October 2006-Vol37-2 edition of the bulletin.
Governor Michael F. Easley has reappointed Wanda J. Proffitt of Burnsville and Jerry A. Mannen, Jr., of Wilmington as members of the Real Estate Commission. Proffitt has been a member since 1994 and Mannen since 2003.
This article came from the October 2006-Vol37-2 edition of the bulletin.
The Real Estate Commission regrets the passing of former member Gilbert L. Boger (Mocksville). Appointed to the Commission in 1985, he served with distinction during his three terms ending in 1994 including twice being elected Chairman.
This article came from the October 2006-Vol37-2 edition of the bulletin.
The Real Estate Commission has received a 2006 Education Award for its Postlicensing Education Program from the Association of Real Estate License Law Officials (ARELLO).
The Postlicensing Education Program was implemented April 1 as part of the new “broker only” licensing system that converted existing “salesperson” licenses to broker licenses on “provisional” status and added, among other changes, a 90-classroom-hour postlicensing education requirement for new licensees.
Three 30-hour postlicensing courses – Brokerage Relationships and Responsibilities, Contracts and Closing and Selected Topics – were developed to be completed by licensees within three years after initial licensure. The Commission’s North Carolina Real Estate Manual was revised and updated to serve as the text for the postlicensing courses.
Larry A. Outlaw, Director of Education and Licensing, said that the program “emphasizes the practical aspects of brokerage and should be a huge benefit to both consumers and licensees.”
This article came from the October 2006-Vol37-2 edition of the bulletin.
The Real Estate Commission awarded scholarships honoring past and present Executive Directors to two licensees at a recent meeting.
Jacquelyn “Sunny” Ruley of Wilmington received the Joe Schweidler Memorial Scholarship and Scott Wurtzbacher of Charlotte the Blanton Little Memorial Scholarship and the Phillip T. Fisher Scholarship.
Schweidler and Little were former Executive Directors of the Commission; Fisher is currently Executive Director.
The North Carolina Real Estate Educational Foundation selected Ruley and Wurtzbacher for the Schweidler and Little Scholarships recognizing their outstanding academic achievement in REALTORS® Institute courses.
The North Carolina Chapter of the National Association of REALTORS® Council of Residential Specialists also chose Wurtzbacher for the Fisher Scholarship for his outstanding performance in his CRS course.
This article came from the October 2006-Vol37-2 edition of the bulletin.
Jennifer K. Boger, Senior Auditor/Investigator in the Real Estate Commission’s Audits and Investigations Division has been honored with the ‘Investigator of the Year’ award from the Association of Real Estate License Law Officials (ARELLO).
ARELLO is an international organization comprised of policy makers and regulators dedicated to promoting better administration and enforcement of real estate license and regulatory laws by its members.
Boger has been with the Commission for 15 years, an Auditor/Investigator for the first 7 years and a Senior Auditor/Investigator for 8 years. She is a Certified Public Accountant (CPA), Certified Fraud Examiner (CFE), Certified Real Estate Investigator (CREI), and Certified Investigator (CI).
This article came from the October 2006-Vol37-2 edition of the bulletin.
ALPINE PROPERTIES, INC. (Raleigh) – – The Commission accepted the voluntary surrender of the firm license of Alpine Properties for a period of one year effective August 10, 2006. The Commission dismissed without prejudice allegations that Alpine Properties had violated provisions of the Real Estate License Law and Commission rules. Alpine Properties neither admitted nor denied misconduct.
JANE D. BARNES (Dunn) – By Consent, the Commission suspended the broker license of Ms. Barnes for a period of one year effective September 1, 2006. Three months of the suspension were active with the remainder stayed for a probationary period of two years. The Commission found that Ms. Barnes, as the owner and landlord of residential rental property, falsely stated to a prospective tenant who offered to lease the property that the property had already been leased when it had not. The Commission also found that Ms. Barnes then leased the property to two successive tenants and failed to maintain security deposits from those tenants in a trust account as required by Commission rules.
BATTS & RAMSEY PROPERTY MANAGEMENT LLC (Raleigh) – By Consent, the Commission suspended the firm license of Batts & Ramsey Property Management for a period of six months effective June 29, 2006. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Batts & Ramsey Property Management failed to supervise its employees in the maintenance of the trust accounts and records relating to such accounts and did not maintain the trust accounts and records for these funds in the manner required by Commission rules. The Commission noted that the firm cooperated with the Commission’s investigations and took substantial corrective measures to bring the firm’s records into compliance and that no consumer incurred any financial losses as a result of the firm’s conduct.
BETTINA G. BATTS (Raleigh) – By Consent, the Commission reprimanded Ms. Batts effective June 29, 2006. The Commission found that Ms. Batts, as an active salesperson affiliated with a real estate firm, was placed in charge of managing trust money, but did not maintain the trust accounts and records as required by Commission rules. The Commission noted that Ms. Batts cooperated with the Commission’s investigations and took substantial corrective measures to bring the firm’s records into compliance and that no consumer incurred any financial losses as a result of her conduct.
JANICE H. BESCHE (Fletcher) – By Consent, the Commission suspended the broker license of Ms. Besche for a period of six months effective August 1, 2006. Ninety days of the suspension were active with the remainder stayed for a probationary period of three years. The Commission found that Ms. Besche was convicted of Attempted Voter Fraud in April 2003 and failed to report the conviction within sixty days of final judgment.
GERALD P. BROCKMAN (Charlotte) – By Consent, the Commission reprimanded Mr. Brockman effective October 1, 2006. The Commission found that Mr. Brockman pled guilty in December 2005 in United States District Court to the Employment of Manipulative and Deceptive Devices in Connection with the Purchase of a Security in 2001, and was sentenced to a three-year probationary sentence with six months home detention. The Commission noted that Mr. Brockman has fully repaid the money.
BURCH REAL ESTATE, INC. (Bat Cave) – By Consent, the Commission reprimanded Burch Real Estate, Inc., effective July 1, 2006. The Commission found that Burch Real Estate failed to maintain trust account records in compliance with the Real Estate License Law and Commission rules. The Commission noted that no consumers were harmed as a result.
WILLIAM BURCH, JR. (Bat Cave) – By Consent, the Commission reprimanded Mr. Burch effective July 1, 2006. The Commission found that Mr. Burch, as principal broker and broker-in-charge of a real estate firm, failed to maintain trust account records in compliance with the Real Estate License Law and Commission rules. The Commission noted that no consumers were harmed as a result.
JAMES D. CASH (Zebulon) – The Commission accepted the voluntary surrender of the broker license of Mr. Cash for a period of one year effective August 15, 2006. The Commission dismissed without prejudice allegations that Mr. Cash had violated provisions of the Real Estate License Law and Commission rules. Mr. Cash neither admitted nor denied misconduct.
MILDRED C. CHEEK (Greensboro) – By Consent, the Commission reprimanded Ms. Cheek effective August 1, 2006. The Commission found that Ms. Cheek, as broker-in-charge of a real estate firm, failed to maintain her trust account records in compliance with the Real Estate License Law and Commission rules. The Commission noted that Ms. Cheek has since brought her records into compliance.
C. DAN JOYNER COMMERCIAL REALTY, INC. (Greenville) – By Consent, the Commission reprimanded C. Dan Joyner Commercial Realty effective May 22, 2006. The Commission found that C. Dan Joyner Commercial Realty allowed a person licensed in North Carolina but on inactive status to enter into North Carolina and engage in real estate activities in behalf of the firm. The Commission noted that the firm cooperated fully in the Commission’s investigation of this matter and surrendered any claim to the $550,000 in unpaid commission due under the co-brokerage agreement made by the person on inactive status.
HILTON O. CHESSON (Durham) – – By Consent, the Commission reprimanded Mr. Chesson effective June 1, 2006. The Commission found that Mr. Chesson sold a residential property without disclosing information from a previous transaction that the house was located in a flood plain, instead relying upon a survey showing that only a corner of the property, not the house, was located in a flood plain.
ROBERT S. CLARKE (Raleigh) – – The Commission accepted the voluntary surrender of the broker license of Mr. Clarke for a period of one year effective August 2, 2006. The Commission dismissed without prejudice allegations that Mr. Clarke had violated provisions of the Real Estate License Law and Commission rules. Mr. Clarke neither admitted nor denied misconduct.
MINH LE COURTNEY (Fayetteville) – By Consent, the Commission suspended the broker license of Ms. Courtney for a period of one year effective August 1, 2006. One month of the suspension was active with the remainder stayed for a probationary period of 11 months on certain conditions. The Commission found that Ms. Courtney advertised a seller’s property without first reviewing the “Working With Real Estate Agents” brochure with the seller, without entering into a written agency agreement and without obtaining the seller’s permission to advertise. The Commission also found that Ms. Courtney prepared two offers which included language pertaining to a sales commission.
DEBRA CREDLE (Garner) – By Consent, the Commission suspended the broker license of Ms. Credle for a period of three years effective June 15, 2006. The suspension is to be active until December 20, 2007, at which time the license of Ms. Credle is to be restored to active status under certain conditions. The Commission found that Ms. Credle, while associated as an agent with a financial services firm, accepted $2,000 from a buyer in connection with a lease-purchase transaction and did not safeguard the money, deposit the money into a trust account, or escrow account or turn it over to a licensed broker. The Commission also found that Ms. Credle falsely represented to the buyer that the financial services firm and its owner were owners of the property, that she gave the deposit monies to the firm’s owner even though she was aware that neither the owner nor the firm were licensed as a real estate broker, and that she did not account to the buyer for the disposition of the deposit money.
DEBBY S. DAIGLE (Southport) – By Consent, the Commission reprimanded Ms. Daigle effective June 1, 2006. The Commission found that Ms. Daigle operated a business as a limited liability company between 2000 and 2003 without first obtaining a firm license. Ms. Daigle neither admitted nor denied the Commission’s findings. The Commission noted that Ms. Daigle immediately obtained a firm license when contacted by the Commission in this matter.
JAMES P. DEMARE (Charlotte) – By Consent, the Commission suspended the broker license of Mr. DeMare for a period of one year effective July 1, 2006. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. DeMare, while licensed as a salesperson in 2001, represented a buyer in the purchase of a house and lot and the neighboring empty lot for a total purchase of price of $122,000, and then, after the contract was made, agreed to purchase the empty lot for $6,000 and resold the lot for a profit without adequately disclosing to the buyer the details of the resale or the opportunity he was taking away from the buyer to make a profit for himself. The Commission noted that Mr. DeMaresubsequently returned the profit to the buyer.
DENISE J. EDDLEMAN (Statesville) – By Consent, the Commission reprimanded Ms. Eddleman effective January 1, 2007. The Commission found that Ms. Eddleman, as qualifying broker and broker-in-charge of a real estate firm, purchased a building in 2001 in which to locate her firm. Ms. Eddleman used a lender that did not make commercial loans, but did make loans for investment property used for residential purposes, and indicated on the loan application that the property was being purchased for investment purposes in order to obtain the loan. The Commission noted that Ms. Eddleman subsequently refinanced the loan and obtained a commercial loan for the building.
EDDLEMAN REALTY, INC. (Statesville) – By Consent, the Commission reprimanded Eddleman Realty effective January 1, 2007. The Commission found that Eddleman Realty’s broker-in-charge purchased a building in 2001 in which to locateEddleman Realty. The broker-in-charge used a lender that did not make commercial loans, but did make loans for investment property used for residential purposes, and indicated on the loan application that the property was being purchased for investment purposes in order to obtain the loan. The Commission noted that the broker-in-charge subsequently refinanced the loan and obtained a commercial loan for the building.
DONALD W. GUPTON, INC. (Henderson) – By Consent, the Commission revoked the firm license of Donald W. Gupton, Inc., effective May 18, 2006. The Commission found that, between 1999 and 2002, the firm, engaged in the business of selling mobile homes and land and assisted purchasers in a series of transactions to make false statements to lenders and their representatives. The Commission also found that a number of the loans made in connection with the transactions were not repaid and foreclosure resulted.
FAMILY REALTY CO., INC. (Greensboro) – By Consent, the Commission reprimanded Family Realty effective August 1, 2006. The Commission found that Family Realty failed to maintain its trust accounts in compliance with the Real Estate License Law and Commission rules. The Commission noted that Family Realty has brought its accounts into compliance and no consumers were harmed as a result.
HENRY BRADLEY FORD (Roanoke Rapids) – By Consent, the Commission suspended the broker license of Mr. Ford for a period of six months effective June 29, 2006. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Mr. Ford failed to report on his 2002 salesperson license application a 1996 conviction for two counts of misdemeanor assault related to his involvement in a simple affray at an outdoor concert and was sentenced to 18 months unsupervised probation. The Commission noted that Mr. Ford reported the conviction on his broker license application.
KENDALL FORD (Charlotte) – By Consent, the Commission revoked the broker license of Mr. Ford effective June 14, 2006. The Commission found that Mr. Ford purchased two properties and, in each transaction, received funds which were not reported on the closing statements. Mr. Ford did not admit the charges, but did not contest the Commission making findings and conclusions based upon the allegations.
FRANCIS B. FRY (Lexington) – By Consent, the Commission suspended the broker license of Mr. Fry for a period of eight months effective August 9, 2006. The Commission then stayed the suspension for a probationary period of eight months. The Commission found that Ms. Fry, acting as a developer, listed and advertised interior lots in a subdivision as having lake access when the subdivision had been redrawn to comply with regulations prohibiting lake access to the interior lots. The Commission also found that buyers of an interior lot built a home based upon the representation that lake access was permitted, only to discover that it was not. The Commission noted that Ms. Fry settled with the buyers.
KAYE H. FRY (Lexington) – By Consent, the Commission suspended the broker license of Ms. Fry for a period of eight months effective August 9, 2006. The Commission then stayed the suspension for a probationary period of eight months. The Commission found that Ms. Fry, acting as a developer, listed and advertised interior lots in a subdivision as having lake access when the subdivision had been redrawn to comply with regulations prohibiting lake access to the interior lots. The Commission also found that buyers of an interior lot built a home based upon the representation that lake access was permitted, only to discover that it was not. The Commission noted that Ms. Fry settled with the buyers.
KIMBERLY L. GILL (Bat Cave) – By Consent, the Commission suspended the broker license of Ms. Gill for a period of three months effective July 1, 2006. The Commission then stayed the suspension on certain conditions. The Commission found that Ms. Gill had responsibility for maintaining the trust account records for the brokerage firm with which she was associated and failed to maintain the trust account records in compliance with the Real Estate License Law and Commission rules. The Commission noted that the firm has brought its trust account records into compliance and no consumers were harmed as a result.
JERRY H. GOODEN (Raleigh) – By Consent, the Commission suspended the broker license of Mr. Gooden for a period of one year effective July 1, 2006. Six months of the suspension are to be active with the remainder stayed for a probationary period of 18 months. The Commission found that Mr. Gooden’s appraisal license was suspended by the North Carolina Appraisal Board for two years effective June 1, 2005. The suspension was stayed as of February 1, 2006 on certain conditions. The Commission also found that the Appraisal Board issued this sanction upon determining that Mr. Gooden failed to adequately supervise a trainee, failed to correctly complete research and analysis, and negligently communicated misleading appraisal reports.
DONALD W. GUPTON (Henderson) – By Consent, the Commission revoked the broker license of Mr. Gupton effective May 18, 2006. The Commission found that during March 2006, in the United States District Court for the Eastern District of North Carolina, Mr. Gupton pleaded guilty to the offense of conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. The Commission also found that these offenses were committed in connection with real estate transactions.
HASSELL M. HAIRSTON (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Hairston for a period of one year effective May 1, 2006. Six months of the suspension are to be active with the remainder stayed for a probationary period of six months. The Commission found that Mr. Hairston acted as a buyer’s agent for a buyer without ever meeting the buyer, without first reviewing the “Working With Real Estate Agents” brochure with the buyer and without entering into a written agency agreement with the buyer. The Commission also found that Mr. Hairston failed to maintain a transaction file for this matter and that the buyer eventually lost the home to foreclosure.
DAVID ALLEN HURST (Blowing Rock) – By Consent, the Commission suspended the broker license of Mr. Hurst for a period of six months effective July 17, 2006. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Mr. Hurst, while he was licensed in North Carolina as a salesperson, failed to report at the time it occurred a 1999 South Carolina disciplinary action for engaging in four brokerage sales transactions prior to obtaining a license, and failed to disclose the disciplinary action on two license applications, both in 2006.
RICHARD JENKINS (Fairview) – By Consent, the Commission accepted the voluntary surrender of the broker license of Mr. Jenkins for a period of two years effective July 3, 2006. The Commission dismissed without prejudice allegations that Mr. Jenkins had violated the Real Estate License Law and Commission rules. Mr. Jenkins neither admitted nor denied misconduct.
C. DAN JOYNER (Greenville) – By Consent, the Commission reprimanded Mr. Joyner effective May 22, 2006. The Commission found that Mr. Joyner, acting as broker-in-charge of a licensed firm, failed to file a supervision form in a timely fashion. As a result, a person licensed in North Carolina but on inactive status entered into North Carolina and engaged in real estate activities on behalf of the firm, purportedly under Mr. Joyner’s supervision. The Commission noted that Mr. Joyner cooperated fully in the Commission’s investigation of this matter and surrendered any claim to the $550,000 in unpaid commission due under the co-brokerage agreement made by the person on inactive status.
JOHN M. KANE (Raleigh) – By Consent, the Commission suspended the broker license of Mr. Kane for a period of two years effective January 1, 2006. Six months of the suspension were active with the remainder stayed for a probationary period of 18 months on certain conditions. The Commission found that Mr. Kane, as principal broker and broker-in-charge of a real estate firm, failed to keep monies of landlord clients in trust accounts designated as such and failed to maintain bookkeeping records in conformity with Commission rules. The Commission also found that an unlicensed associate of the firm received client monies from the firm’s bank accounts without the authority of clients or Mr. Kane. The Commission noted that when the unauthorized use of monies was discovered, the monies were restored and the unlicensed employee was separated from the firm.
KANE REAL ESTATE COMPANY (Raleigh) – By Consent, the Commission suspended the firm license of Kane Real Estate for a period of two years effective January 1, 2006. The Commission then stayed the suspension for a probationary period of 30 months. The Commission found that Kane Real Estate failed to keep monies of landlord clients in trust accounts designated as such and failed to maintain bookkeeping records in conformity with Commission rules. The Commission also found that an unlicensed associate of the firm received client monies from the firm’s bank accounts without the authority of clients or Kane Real Estate. The Commission noted that when the unauthorized use of monies was discovered, the monies were restored and the unlicensed employee was separated from the firm.
JAMES M. KERR (Weddington) – By Consent, the Commission suspended the broker license of Mr. Kerr for a period of 60 days effective October 1, 2006. The Commission then stayed the suspension for a probationary period of one year on certain conditions. The Commission found that Mr. Kerr, as listing agent for a historic property that had a history of roof leaks, failed to disclose a leak to buyers that occurred after inspection and before closing and that the sellers had repaired. After closing, the roof leaked again and the buyers had to replace the roof. The Commission noted that the buyers have been reimbursed $12,500 for the cost of replacing the roof.
MARY KATHRYN KROENING (Raleigh) – By Consent, the Commission suspended the salesperson license of Ms. Kroening for a period of one year effective July 1, 2006. The Commission then stayed the suspension for a probationary period of 11 months. The Commission found that Ms. Kroening, as a salesperson for a residential developer in 2001 and 2002, failed to disclose plans by another entity to build a commercial project in close proximity to the residential properties she was marketing.
SANDRA J. LABARBERA (Raleigh) – By Consent, the Commission reprimanded Ms. LaBarbera effective October 1, 2006. The Commission found that Ms. LaBarbera failed to communicate to her buyer clients repeated requests from the sellers of a residential property concerning re-negotiating the closing date or date of possession of the property, instead representing without the buyers’ authority that the buyers had refused to discuss these requests.
RICHARD W. LENHART (Kernersville) – The Commission accepted the voluntary surrender of the broker license of Mr. Lenhart for a period of two years effective June 1, 2006. The Commission dismissed without prejudice allegations that Mr.Lenhart had violated provisions of the Real Estate License Law and Commission rules. Mr. Lenhard neither admitted nor denied misconduct.
JAMES M. LEWICKI (Highlands) – By Consent, the Commission revoked the broker license of Mr. Lewicki effective June 15, 2006. The Commission found that Mr. Lewicki did not respond in 2005 to Letters of Inquiry from the Commission and refused in 2006 to make his trust account records available to the Commission for inspection. Mr. Lewicki did not admit or deny the Commission’s findings.
TINA Y. LONG (Harkers Island) – By Consent, the Commission revoked the broker license of Ms. Long effective June 15, 2006. The Commission found that Ms. Long applied to become licensed as a salesperson in 2003 and as a broker in 2004 and failed to disclose that she had been convicted of certain felony offenses and that there were charges outstanding against her for obtaining merchandise by bogus check, child stealing, and shooting with intent to kill. The Commission also found that Ms. Long, following licensure, failed to report a conviction in 2005 of forgery.
CAROLYN J. MARTIN (Ahoskie) – By Consent, the Commission suspended the broker license of Ms. Martin for a period of one year effective June 15, 2006. One month of the suspension was active with the remainder stayed for a probationary period of 11 months. The Commission found that Ms. Martin allowed a seller to enter into two contracts without verifying that the first contract was no longer in force or advising her seller client to seek legal advice. The Commission also found that in a separate transaction, Ms. Martin used a “Buyer Possession Before Closing Agreement” as a long-term lease, inserted legal provisions concerning a non-refundable deposit that conflicted with the underlying contract and managed the property without a written management agreement. Finally, the Commission found that Ms. Martin failed to keep adequate trust account records for the transaction and engaged in deficit spending to cover the mortgage and other costs associated with the property.
JAMES C. MASSENBURG (Kinston) – By Consent, the Commission revoked the broker license of Mr. Massenburg effective August 10, 2006. The Commission found that Mr. Massenburg, acting as broker and rental agent for rental properties, failed to maintain rents and security deposit monies in a trust account as required by Commission rule, did not promptly and fully account for the money to clients, and converted client monies to his own use.
THOMAS E. MCFADDEN (Greensboro) – By Consent, the Commission reprimanded Mr. McFadden effective August 1, 2006. The Commission found that Mr. McFadden, as principal broker and broker-in-charge of a real estate firm, failed to maintain his trust accounts in compliance with the Real Estate License Law and Commission rules. The Commission noted that Mr. McFadden has brought his accounts into compliance and no consumers were harmed as a result.
T. MITCHELL MULLER (Matthews) – By Consent, the Commission reprimanded Mr. Muller effective October 1, 2006. The Commission found that in 2004, Mr. Muller failed to refund a tenant’s $750 security deposit, telling the tenant that his wife had closed his trust account and taken all the funds and the tenant should seek payment from her. The Commission also found that Mr. Muller failed to maintain individual ledgers or other information to establish an audit trail for the time period. The Commission noted that Mr. Muller eventually refunded the security deposit out of other funds after a delay of several months.
PHIFER REALTY, INC. (Kinston) – By Consent, the Commission revoked the firm license of Phifer Realty effective August 10, 2006. The Commission found that Phifer Realty, acting as broker and rental agent for rental properties, failed to maintain rents and security deposit monies in a trust account as required by Commission rule, did not promptly and fully account for the money to clients, and converted client monies to its own use.
LINDA T. POWELL (Hickory) – By Consent, the Commission suspended the broker license of Ms. Powell for a period of sixty days effective May 1, 2006. The Commission found that Ms. Powell, acting as a buyer agent, failed to discover and disclose to the buyers information received from a listing agent disclosing a possible major highway project planned for an area very near the property her buyers contracted to purchase.
MICHAEL R. QUILLAN (Greenville) – By Consent, the Commission suspended the broker license of Mr. Quillan for a period of two years effective July 1, 2006. The Commission then stayed the suspension for a probationary period of two years. The Commission found that Mr. Quillan, while licensed as a salesperson in North Carolina, was on inactive status as a result of the failure to file a supervision form in a timely manner, and engaged in activities which constitute the practice of real estate. The Commission noted that Mr. Quillan cooperated fully in the Commission’s investigation of this matter and surrendered any claim to the $550,000 in unpaid commission due while on inactive status.
JOSEPH B. RAMSEY, JR. (Raleigh) – By Consent, the Commission suspended the broker license of Mr. Ramsey for a period of six months effective June 29, 2006. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Ramsey, as broker-in-charge of a real estate firm office, engaged in the management of funds for others and failed to supervise the trust accounts and records relating to such accounts and that the firm did not maintain the trust accounts in the manner required by Commission rules. The Commission noted that Mr. Ramsey cooperated with the Commission’s investigations and took substantial corrective measures to bring the firm’s records into compliance and that no consumer incurred any financial losses as a result of Mr. Ramsey’s conduct.
BEVERLY L. RAYNOR (Henrico) – By Consent, the Commission suspended the broker of license of Ms. Raynor for a period of six months. The Commission then stayed the suspension for a probationary period of six months on certain conditions. The Commission found that Ms. Raynor failed to disclose a 1997 conviction for Impaired Driving – Level 5 on her 1997 salesperson license application and on her 2000 broker license application.
ELIZABETH ANN REEDER (Bellmont) – By Consent, the Commission suspended the provisional broker license of Ms. Reeder for a period of 30 days effective May 23, 2006. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Ms. Reeder failed to report a 1995 conviction for Driving While Impaired on her 2003 salesperson license application and submitted an incomplete criminal record report in connection with that application.
LARRY W. ROBBINS (Charlotte) – By Consent, the Commission reprimanded Mr. Robbins effective July 1, 2006. The Commission found that Mr. Robbins listed a property in 1996 and, after the listing expired, continued to market the property without a written listing agreement. The Commission also found that in 1998, Mr. Robbins brought a prospective buyer to the property, but no contract was negotiated; the buyer bought the property directly from the seller in 1999, and Mr. Robbins sued the seller for a commission. The Commission noted that this civil suit was settled.
ROBERT G. RUSSELL (Charlotte) – By Consent, the Commission reprimanded Mr. Russell effective August 1, 2006. The Commission found that Mr. Russell, as a salesperson with a real estate brokerage firm in 2003, induced buyers to enter into a contract to buy residential property by negligently misrepresenting that the property contained one acre when it actually contained 0.56 acre. The Commission noted that the buyers incurred expenses of $1,422 before discovering the true size of the property and terminating the contract. The buyers were reimbursed their costs.
ASHLEY A. SCHOLL (Charlotte) – By Consent, the Commission suspended the broker license of Ms. Scholl for a period of six months effective June 29, 2006. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Ms. Scholl failed in 2005 to update her salesperson license application to report a pending DWI charge, and that she was convicted of that charge following licensure, and then failed to report the conviction within 60 days of the final judgment. The Commission noted that Ms. Scholl reported the conviction later on her broker license application.
ARTHUR SKILLMAN, III (Fayetteville) – By Consent, the Commission suspended the broker license of Mr. Skillman for a period of one year. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Skillman failed to keep accurate trust account records of the funds he held for others and, following an audit and construction of his records, did not always include all required information thereon. The Commission also found that Mr. Skillman did not account for personal funds and failed to reconcile his ledgers to his bank statements, resulting in an overage of $2,140.67 in his trust account. The Commission noted that Mr. Skillman no longer handles the funds of others.
MARGIE L. SMITH (Bethel) – By Consent, the Commission suspended the broker license of Ms. Smith for a period of one year effective June 1, 2006. The Commission found that Ms. Smith, in 2002, acted as a dual agent in a transaction in which her buyer clients purchased a vacant lot she had listed with the intention of placing a single-wide mobile home on the lot. The Commission also found that Ms. Smith told the buyers that the lot had city water and sewer available when in fact it did not, and that Ms. Smith failed to disclose to the buyers that zoning restrictions prohibited the placement of a single-wide mobile home on the property.
RICHARD TRENT (Asheville) – By Consent, the Commission suspended the broker license of Mr. Trent for a period of six months effective July 1, 2006. The Commission then stayed the suspension for a probationary period of one year commencing June 10, 2006. The Commission found that Mr. Trent did not report to the Commission in a timely fashion convictions for driving while impaired in 2002 and 2005 and selling malt beverage to an underage individual in 2003.
TRINITY BUILDERS, LLC (Durham) – By Consent, the Commission revoked the firm license of Trinity Builders effective June 1, 2006. The Commission found that Trinity Builders sold a residential property it owned without disclosing information from a previous transaction that the house was located in a flood plain, instead relying upon a survey showing only a corner of the property, not the house, was located in a flood plain.
DAVID B. VANDERPOOL (Goldsboro) – By Consent, the Commission reprimanded Mr. Vanderpool effective October 1, 2006. The Commission found that Mr. Vanderpool sold a personal residence and failed to disclose a drainage issue to the buyers. Street flooding occurred a month after closing and on several occasions thereafter. The Commission noted that the house was not affected and the sellers offered to repurchase the property from the buyers.
ROBERT L. WHITE d/b/a MUTUAL LTD. REALTY (Fayetteville) By Consent, the Commission reprimanded Mr. White effective May 1, 2006. The Commission found that Mr. White, as the broker-in-charge of a real estate brokerage firm, failed to maintain trust account records in compliance with the Real Estate License Law and Commission rules. The Commission noted that no consumers were harmed as a result.
WENDY MICHELLE WINDHAM (Sanford) – By Consent, the Commission reprimanded Ms. Windham effective August 9, 2006. The Commission found that Ms. Windham failed to report two 1990 Georgia criminal convictions for underage drinking and driving under the influence on her 2005 salesperson license application and her 2006 broker license application.
ROBIN N. WINSTEAD (Durham) – The Commission revoked the broker license of Ms. Winstead effective September 15, 2006. The Commission found that Ms. Winstead was convicted in Durham County Superior Court of two counts of financial identity fraud and two counts of obtaining property by false pretenses in connection with the use by her of her client’s private information.
This article came from the October 2006-Vol37-2 edition of the bulletin.