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Disciplinary Actions

NOAH CHRISTOPHER GEORGE (HENDERSONVILLE) – By Consent, the Commission reprimanded Mr. George effective October 16, 2019. Mr. George timely reported his April 23, 2019, conviction of misdemeanor sexual battery. He received 60 days of confinement, which was suspended and instead placed on supervised probation for one year. The incident occurred during a personal New Year’s Eve outing, involved a woman he previously had known, and occurred while both were intoxicated.

PAULA MAE WHITTED (CLYDE) – By Consent, the Commission reprimanded Ms. Whitted effective October 16, 2019.The Commission found that on or about May 23, 2019, Ms. Whitted attended the General Update Course at JY Monk/Kaplan R.E. Education in Waynesville, North Carolina and an elective course at the same school. The instructor noted that Ms. Whitted’s behavior changed from inquisitive to “confrontational” during the fourth hour of the first class and that Ms. Whitted was drinking from a large takeout cup. During the second class, she became increasingly disruptive. A student in the second class called the Waynesville Police Department because the student was concerned that Ms. Whitted was going to drive herself home, she was approached by a police officer at the end of class for questioning. The officer administered a “breath” test and was told to have someone pick her up. A criminal background search revealed Ms. Whitted has a DWI (Level 5) conviction in 2001.

SAMUEL S ANDERSON (LUMBERTON) – By Consent, the Commission suspended the broker license of Mr. Anderson for a period of 24 months. The Commission then stayed the suspension after a 3 month active suspension period. Mr. Anderson executed a purchase contract to sell vacant land, which he personally owned and failed to transfer title after receiving the full purchase amount from the buyer or by the date specified in the contract. Mr. Anderson instead used the purchase money as earnest money for a later executed purchase contract with the original buyer’s daughters to construct a home on the property. Mr. Anderson failed to construct the new home and the buyers won a civil judgment against him. Mr. Anderson then signed his name on an offer to purchase as the selling agent without an agency agreement in place with the buyer and failed to maintain a copy of all records in accordance with Commission rules. He also failed to present all offers to his seller clients and instead, presented two offers to a closing attorney who believed them to be fully executed when they were not. Mr. Anderson’s trust account was not labeled “trust” or “escrow” and the records were not properly maintained.

RODNEY R. CREECH (WILSON) – By Consent, the Commission revoked the license of Mr. Creech effective January 1, 2020.The Commission found that on or about March 2019, Mr. Creech was bidding on a judicial sale property against another potential buyer with the bidding going back and forth for weeks. On or about March 28, 2019, Mr. Creech called the other buyer’s agent and started “Tell your client if he is willing to pay me $2,000, I’ll have my offer go away.” The buyer agent conveyed the message to his buyer and recommended not to do so. The competing buyer called Mr. Creech directly and he first stated that his client instructed him to ask for the money before admitting that Mr. Creech “and his business partner” were buyers and that he was not representing a client when asking for payment.

HANS PROPERTY MANAGEMENT & REALTY (CHARLOTTE) – The Commission accepted the voluntary surrender of the firm license of Hans Property Management & Realty effective March 18, 2020. The Commission dismissed without prejudice allegations that Hans Property Management & Realty violated provisions of the Real Estate License Law and Commission rules. Hans Property Management & Realty neither admitted nor denied misconduct.

AMY BENSON LOGAN (SWANSBORO) – By Consent, the Commission reprimanded Ms. Logan effective April 1, 2020. The Commission found that on or about April 2018, Ms. Logan, acting as listing agent, falsely represented in the MLS that the subject property had a square footage of 4,230. In her MLS listing, she noted in the agent remarks that there was an inconsistency in the listed and taxed square footage of 3,431. Ms. Logan stated that she did her own measurements and made those available to the potential buyer. Her measurements were a three page, hand drawn outline of the property for sale with incorrect math at the bottom of the drawing stating a square footage of 4,216. The buyers bought the home without an appraisal and discovered that the actual square footage of the home was 3,271, a difference of over 950 square feet or a 29% gross error in size.

TAMMI LORENE KNAPP (CARY) – By Consent, the Commission suspended the broker license of Ms. Knapp for a period of 2 years effective April 15, 2020. The Commission then stayed the suspension in its entirety and place Ms. Knapp on probation until March 31, 2022. The Commission found that Ms. Knapp, as qualifying broker/broker-in-charge of TLC Realty Group Inc., acting as listing agent for a property that was being “flipped,” failed to disclose known material facts. The house went under contract and was terminated five times after home inspections for each of the five buyers revealed an underground storage tank, an unpermitted deck addition that was deemed structurally unsound, a sagging main support beam, an HVAC system that was installed in 2003 instead of within the last 0-5 years as stated in the RPOADS, active termites, and that the electrical and mechanical permits for the property were pending. Ms. Knapp was apprised of the deficiencies with the house, but never updated the MLS to accurately reflect the known material facts or otherwise disclose the issues. She never advised her seller-client, who was also a licensee, to change the RPOADS from “No Representation” after any of the terminated contracts.

TLC REALTY GROUP INC (CARY) – By Consent, the Commission suspended the firm license of TLC Realty Group Inc. for a period of 2 years effective April 15, 2020. The Commission then stayed the suspension in its entirety and place TLC Realty Group Inc. on probation until March 31, 2022. The Commission found that TLC Realty Group Inc., as listing agent for a property that was being “flipped,” failed to disclose known material facts. The house went under contract and was terminated five times after home inspections for each of the five buyers revealed an underground storage tank, an unpermitted deck addition that was deemed structurally unsound, a sagging main support beam, an HVAC system that was installed in 2003 instead of within the last 0-5 years as stated in the RPOADS, active termites, and that the electrical and mechanical permits for the property were pending. The broker-in-charge was apprised of the deficiencies with the house, but never updated the MLS to accurately reflect the known material facts or otherwise disclose the issues. The broker-in-charge never advised her seller-client, who was also a licensee, to change the RPOADS from “No Representation” after any of the terminated contracts.

LIJUAN LISA HAN (CHARLOTTE) – By Consent, the Commission suspended the broker license of Ms. Knapp for a period of 2 years effective June 3, 2020. The Commission then stayed the suspension in its entirety. The Commission found that Ms. Han, acting as a qualifying broker of a firm, created the firm for compensation purposes only; therefore it had no designated broker-in-charge. Ms. Han then entered into Property Management Agreements on behalf of the firm, some even before it was licensed. A review of Ms. Han’s trust accounts found: that disbursements failed to identify their purpose; a failure to retain deposit tickets; a failure to maintain separate journals; lack of an audit trail; a failure to perform monthly reconciliations; and comingling. Ms. Han has since transferred all funds to a third party firm and no longer engages in property management.

JESSE THOMAS WILLIAMS III (GREENVILLE) – The Commission accepted the voluntary surrender of the broker license of Jesse Thomas Williams III effective June 17, 2020. The Commission dismissed without prejudice allegations that Jesse Thomas Williams III violated provisions of the Real Estate License Law and Commission rules. Jesse Thomas Williams III neither admitted nor denied misconduct.

CONWAY & WILLIAMS PROPERTIES INC (GREENVILLE) – The Commission accepted the voluntary surrender of the firm license of Conway & Williams Properties Inc., effective June 17, 2020. The Commission dismissed without prejudice allegations that Conway & Williams Properties Inc., violated provisions of the Real Estate License Law and Commission rules. Conway & Williams Properties Inc., neither admitted nor denied misconduct.

LARRY JAMES PARKER JR (ERWIN) – The Commission accepted the voluntary surrender of the broker license of Larry James Parker, Jr., effective June 17, 2020. The Commission dismissed without prejudice allegations that Larry James Parker, Jr., violated provisions of the Real Estate License Law and Commission rules. Larry James Parker, Jr., neither admitted nor denied misconduct.

RMG REALTY CO INC (ERWIN) – The Commission accepted the voluntary surrender of the firm license of RMG Realty Co., Inc., effective June 17, 2020. The Commission dismissed without prejudice allegations that RMG Realty Co., Inc., violated provisions of the Real Estate License Law and Commission rules. RMG Realty Co., Inc., neither admitted nor denied misconduct.

JONATHAN ALFORD MATTHEWS (RALEIGH) – Following a hearing, the Commission permanently revoked the broker license of Jonathan Alford Matthews effective October 1, 2020. The Commission found that after July 1, 2018, Mr. Matthews continued to provide brokerage and property management services while his license was on inactive status due to his failure to complete continuing education, that Mr. Matthews collected rents and tenant security deposits on behalf of his landlord-clients but failed to maintain those funds in a designated trust account, failed to remit those funds to clients, and converted those funds to his own use.  The Commission further found that Mr. Matthews failed to inform the Commission of his address and contact information and failed to provide records to Commission staff upon request.

RDU BROKERS, INC. (RALEIGH) – Following a hearing, the Commission permanently revoked the broker license of RDU Brokers, Inc. effective October 1, 2020. The Commission found that after July 1, 2018, RDU Brokers, Inc. continued to provide brokerage and property management services through its qualifying broker while on inactive status due to the qualifying broker/broker-in-charge’s failure to complete continuing education, that the Firm collected rents and tenant security deposits on behalf of its landlord-clients but failed to maintain those funds in a designated trust account, failed to remit those funds to clients, and converted those funds to its own use.  The Commission further found that the Firm’s qualifying broker failed to inform the Commission of the Firm’s address and contact information and failed to provide records to Commission staff upon request.

Kelly Allen receives Larry A. Outlaw Excellence in Education Award

Kelly Allen of Asheville is the 2020 recipient of the Larry A. Outlaw Excellence in Education award. Sandra O’Connor, Commission Chairperson, announced the award on October 8 at the NC Real Estate Educators Conference (NCREEA) conference.

The Commission established the Larry A. Outlaw Excellence in Education Award in 2016 to honor the late former Director of the Education and Licensing Division of the North Carolina Real Estate Commission. Larry A. Outlaw, both an attorney and licensed real estate broker, served as Director of the Education and Licensing Division for 35 years, from its creation in January, 1979 until his retirement February 1, 2014.

Outlaw continually worked to improve real estate prelicensing education and to expand real estate education, creating and implementing a continuing education program in 1994 and a postlicensing education program in 2006.  He advocated for and achieved minimum standards for approval of real estate instructors that included not only effective teaching skills, but real estate brokerage experience as well. He also worked to assure the excellence of the Commission’s licensing examination. Outlaw was a Founding Member of the national Real Estate Educators Association, serving as national president in 1990-1991. 

This year, the Commission established specific criteria for the Larry A. Outlaw Excellence in Education Award, to recognize and honor Outlaw’s legacy as a pioneer in our industry.  To be selected, the 2020 recipient must have demonstrated innovation in real estate instruction during the previous 2 years. Also, the nomination had to be supported by at least three letters of recommendation.

The Commission received multiple nominations. All of the nominees were extraordinary instructors.

The 2020 recipient, Kelly Allen, currently serves as both instructor and education director for Cumbie and Trull School of Real Estate in Asheville. She uses a wide variety of unique and innovative instructional techniques, including song lyrics, props and costumes, body motions, graphic organizers, Kahoot and Connect 4 games.

Allen is a member of NCREEA and REEA, achieved a 72% license examination pass rate during the 2018-19 license year, has a BA in Education, and has mentored other instructors. 

Allen’s students have said: 

Commission Spotlight: Auditor

Did you know the Commission audits brokers’ trust accounts? Have you ever wondered who performs those audits?

When the Commission receives a complaint against a broker, a staff attorney reviews the complaint to determine whether the allegations fall under the jurisdiction of the Real Estate Commission.  The staff attorney is not attempting to determine whether the allegations are true or false at this stage.  Rather, the attorney must consider: “If all allegations in this complaint are true as written, would there be a violation of License law and Commission rules?”  If the answer is yes, then a case file is opened.

If the allegations in the complaint involve mismanagement of consumer funds, then the case is referred to a Commission Auditor who will likely visit the brokerage office to obtain statements and documents.

In addition to performing complaint-based audits, Auditors:

To learn more about the complaint process or to file a complaint, go to the Commission’s website, or contact Regulatory Affairs at RA@ncrec.gov or 919-719-9180.

How to Register for the Basic Trust Account Procedures Course

Are you interested in becoming a BIC? Did you know that if you open a trust account, Rule 58A .0110(g)(9) requires you to take the Basic Trust Account Procedures course within 120 days of opening the account?

During the Basic Trust Account Procedures course, you will learn about the laws and rules regarding maintaining a brokerage trust account in North Carolina.

The Basic Trust Account Procedures course is now easier than ever to take because it is available online. Also, once you have successfully completed the course, you will receive four (4) hours of continuing education elective credit.

Ready to register for the Basic Trust Account Procedures course? If so,

  1. go to www.ncrec.gov
  2. click Education;
  3. click Trust Account Registration
  4. click Add to Cart; and
  5. click Checkout.

For more information or to ask a question, contact Regulatory Affairs at RA@ncrec.gov or 919.719.9180.

Current Stats: Monthly Licensee Count as of October 1, 2020

Appearances

Miriam Baer, Executive Director, spoke at the HM Properties event on October 29.

Sheryl Graham, Consumer Protection Officer, spoke at the Century 21 Liberty sales meeting on October 29.

Jean Hobbs, Auditor/Investigator, spoke at the NARPM Charlotte Chapter meeting on September 16.

Disciplinary Actions

BRANDI UTOPIA BAKER (Greensboro) – By Consent, the Commission suspended the broker license of Ms. Baker for a period of 6 months effective November 1, 2020. The Commission then stayed the suspension in its entirety. The Commission found that Ms. Baker visited the condominium her buyer-client was purchasing after being notified the condominium may have been damaged by a sewage back up. Ms. Brown did not communicate the potential damage to her buyer-client before he signed the closing documents and mailed them to the closing attorney.

2020-2021 Update Course

The Commission’s GENUP-General Update and BICUP-Broker-in-Charge courses for 2020-2021 have been available since July 1, 2020, for all licensees.

The 2020-2021 GENUP course topics are:

The 2020-2021 BICUP course topics are:

A statewide Continuing Education course schedule is provided on the Commission’s website (www.ncrec.gov) under the Education menu. Licensees may search for courses by:

Licensees may take the Update course anytime between July 1, 2020 – June 10, 2021. However, the Commission encourages licensees to take the course as early as possible during the license year, to stay up-to-date on law and rule changes.

Per Commission rule 58A .1702, a licensee must take eight (8) hours of continuing education (CE) each year to maintain an active license, as follows:

*A broker with BIC-Eligible status who takes the General Update course and an elective will maintain an Active license but will lose his/her BIC Eligible status and BIC designation.

If you have questions about the CE requirement, contact the Education and Licensing Division at 919.875-3700 or LS@ ncrec.gov.

Commission Spotlight: Education Staff

Are you interested in offering or instructing Prelicensing, Postlicensing, or Update courses? Have you developed a course and want to get it approved as an elective? Do you have questions about the 12-hour BIC Course? If so, you may contact the Education section of the Commission’s Education and Licensing Division.

Education staff members focus on:

For more information or to ask a question, contact the Education and Licensing Division at educforms@ncrec.gov or 919-875-3700.

Current Stats: Monthly Licensee Count as of September 1, 2020