ROGER JAMES (Charlotte) – By Consent, the Commission suspended the broker license of Mr. James for a period of 2 years effective June 3, 2020. The Commission then stayed the suspension in its entirety. The Commission found that in July 2018, Mr. James, acting as a listing agent, inaccurately advertise the square footage of the listed property. In October 2018, he failed to disclose the existence of two underground storage tanks after being notified of their existence.
SUSAN A VOLZ (Charlotte) – By Consent, the Commission reprimanded Ms. Volz effective June 3, 2020. The Commission found that Ms. Volz’s seller-clients informed her that a city-funded storm water drainage improvement project would affect the subject property at a later date. Despite claiming she did disclose the Project, she failed to document disclosure to the buyers the material fact that the Project would prospectively affect the subject property.
MOUNTAIN PROPERTY GROUP LLC (Tryon) – By Consent, the Commission suspended the broker license of Mountain Property Group LLC for a period of 12 months effective July 15, 2020. The Commission then stayed the suspension for a probationary period through July 15, 2021. The Commission found that in 2019, the firm, through its BIC, acted as a dual agent in the transaction without first reviewing a “Working with Real Estate Agents” disclosure with the seller and without entering into a written listing agreement.
LINDA NOBLE TINKLER (Tryon) – By Consent, the Commission suspended the broker license of Ms. Tinkler for a period of 2 years effective April 15, 2020. The Commission then stayed the remaining 21 month suspension, effective July 15, 2020, for a probationary period through April 15, 2021. The Commission found that in 2019, Ms. Tinkler acted as a dual agent without first reviewing a “Working with Real Estate Agents” disclosure with the seller and without entering into a written listing agreement. Ms. Tinkler then gave the buyers $10,000 to use as a part of their down payment without disclosing this gift to the closing attorney or to the buyer’s lender by giving the money to the buyers’ relative for the relative to forward to the buyers.
NICHOLAS CORY MCLAMB (Clayton) – By Consent, the Commission reprimanded Mr. McLamb effective June 3, 2020. The Commission found that Mr. McLamb, acting as the firm’s broker-in-charge, listed residential properties for sale in a “limited” capacity by only inputting information, provided by its seller-client, into the Multiple Listing Service for a flat fee. Mr. McLamb failed to verify the information used to market the property in the MLS and also failed to maintain executed copies of transaction records required by the Commission Rules.
NEO REAL ESTATE MARKETING LLC (Clayton) – By Consent, the Commission reprimanded Neo Real Estate Marketing LLC effective June 3, 2020. The Commission found that the firm listed residential properties for sale in a “limited” capacity by only inputting information, provided by its seller-client, into the Multiple Listing Service for a flat fee. The Firm failed to verify the information used to market the property in the MLS. The Firm’s listing agreements lacked a broker license number and failed to place the Fair Housing language in a clear and conspicuous manner. The firm also failed to maintain executed copies of transaction records required by the Commission Rules.
ERIKA LIZETTE MENDOZA (Belmont) – By Consent, the Commission reprimanded Ms. Mendoza effective August 5, 2020. The Commission found that Ms. Mendoza acted as a listing agent in the sale of residential property for which she also assisted the seller in managing its renovations and working with contractors. After closing, the buyer discovered that there were four open permits on the subject property for mechanical, plumbing, and electrical. Ms. Mendoza failed to discover and disclose the presence of these permits to the buyer or their agent at the time of contract formation. After closing, all permits were successfully closed; however, the buyer had to expend monies to have the electrical permit satisfied.