MAUREEN ELLEN ANOBA (Raleigh) – By Consent, the Commission reprimanded Ms. Anoba effective June 10, 2019. The Commission found that Ms. Anoba, a broker-in-charge, failed to maintain her firm’s trust account records in compliance with Commission rules, failed to maintain a journal with a running balance, failed to include required information on ledgers, and did not perform reconciliations in a timely manner.
CHRISTOPHER BRANDON BARTON (Fort Mill, South Carolina) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Barton effective June 19, 2019. The Commission dismissed without prejudice allegations that Mr. Barton violated provisions of the Real Estate License Law and Commission rules. Mr. Barton neither admitted nor denied misconduct.
CHRISTOPHER R. BARTON (Fort Mill, South Carolina) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Barton effective June 19, 2019. The Commission dismissed without prejudice allegations that Mr. Barton violated provisions of the Real Estate License Law and Commission rules. Mr. Barton neither admitted nor denied misconduct.
CHARLOTTE HOMES & RENTALS LLC (Charlotte – By Consent, the Commission suspended the firm license of Charlotte Homes & Rentals for a period of 12 months effective June 14, 2019. The Commission then stayed the suspension for a probationary period from June 14, 2019 until June 13, 2020. The Commission found that Charlotte Homes & Rentals operated without a designated broker-in-charge from June 29, 2017, until December 11, 2018. The firm withheld earnings from an employee’s paycheck for child support payments and failed to remit these monies to the County. Charlotte Homes & Rentals initially failed to provide deposit slips, cancelled checks, property management agreements, or lease documents to the Commission’s investigator. A review of the firm’s rental trust account found that ledger sheets lacked the name of the owner and tenant, the lack of an audit trail, and deficit spending that included a shortage in the account. A review of the firm’s security deposit account found: lack of a journal, lack of a ledger, lack of an audit trail, and an overage in the account. Charlotte Homes & Rentals has worked to bring its trust accounts into compliance.
RYAN NICOLE GRAHAM (Winston-Salem) – By Consent, the Commission suspended the broker license of Ms. Graham for a period of nine months effective September 30, 2019. The Commission then stayed the suspension for a probationary period through June 30, 2020. The Commission found that Ms. Graham, acting as a buyer agent in a transaction, gave her buyer-client the code to a lock box enabling her client to access a property listed for sale by another firm without obtaining authorization from the seller. Ms. Graham received a termite report for the subject property that indicated there was “excessive water in the basement,” but failed to give her buyer-client a copy of the report or disclose its contents.
SYLVESTER HOWARD (Jacksonville) – By Consent, the Commission reprimanded Mr. Howard effective June 19, 2019. The Commission found that Mr. Howard, a qualifying broker and broker-in-charge, on or about April 17, 2018, pleaded guilty to one count of Theft of Government Property, was ordered to 12 months’ probation, and ordered to pay a fine.
JOSHUA REAL ESTATE GROUP LLC (Fort Mill, South Carolina) – The Commission accepted the permanent voluntary surrender of the firm license of Joshua Real Estate Group effective June 19, 2019. The Commission dismissed without prejudice allegations that Joshua Real Estate Group violated provisions of the Real Estate License Law and Commission rules. Joshua Real Estate Group neither admitted nor denied misconduct.
TABITHA M. KINCH (Raleigh) By Consent, the Commission reprimanded Ms. Kinch effective June 5, 2019.The Commission found that Ms. Kinch acted as a listing agent and buyer agent for a client on separate properties. Both Ms. Kinch’s agency agreements expired prior to her client closing on both properties and Ms. Kinch failed to execute new ones or sign an extension. The purchase contract for her seller clients stated that the “existing refrigerator” would convey with the property. Ms. Kinch advised her seller clients that they could substitute another refrigerator instead. After closing, however, no refrigerator remained in the property. The Commission notes that Ms. Kinch personally paid for a refrigerator to the satisfaction of the buyers.
BRYCE HOWARD SMITH (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Smith for a period of 12 months effective June 14, 2019. The Commission then stayed the suspension for a probationary period from June 14, 2019 until June 13, 2020. The Commission found that Mr. Smith, a qualifying broker, allowed his firm to operate without a designated broker-in-charge from June 29, 2017, until December 11, 2018. The firm withheld earnings from an employee’s paycheck for child support payments and failed to remit these monies to the County. Mr. Smith initially failed to provide deposit slips, cancelled checks, property management agreements, or lease documents to the Commission’s investigator. A review of the firm’s rental trust account found that ledger sheets lacked the name of the owner and tenant, the lack of an audit trail, and deficit spending that included a shortage in the account. A review of the firm’s security deposit account found: lack of a journal, lack of a ledger, lack of an audit trail, and an overage in the account. Mr. Smith has worked to bring his firm’s trust accounts into compliance.
JOSHUA DON STURTZ (Fayetteville) – By Consent, the Commission reprimanded Mr. Sturtz effective June 5, 2019. The Commission found that Mr. Sturtz acted as a buyer agent for a residential property where his client requested the completion of certain repairs along with a roof certification. Mr. Sturtz received the Due Diligence Request and Agreement (“DDRA”) back from the listing agent with the roof certification crossed out and initialed by the sellers. Mr. Sturtz failed to send the DDRA to his buyer client, failed to inform his client of the certification’s removal from the DDRA, and then told his client that roof certification had been completed, when, in fact, it had not.
STEPHEN MICHAEL VOTINO, JR. (Raleigh) By Consent, the Commission reprimanded Mr. Votino effective June 10, 2019. Mr. Votino agrees that he shall be prohibited from performing property management services on behalf of others for a period of five years. The Commission found that Mr. Votino was the owner of a property management firm that was mistakenly unlicensed from 2014 until its licensure on April 19, 2018. Mr. Votino is now qualifying broker of the firm. Mr. Votino allowed an unlicensed individual to carry out day-to-day operations in the firm. The firm did not maintain its trust account records in compliance with Commission rules and did not reconcile its records timely. The firm’s trust accounts are currently in substantial compliance with Commission rules and Mr. Votino is in the process of transferring ownership of the Firm.