VIVIAN M WOODARD (Boone) – By Consent, the Commission reprimanded Ms. Woodard effective June 3, 2020. The Commission found that Ms. Woodard was the listing agent for a residential property and acted as a dual agent for a buyer that went under contract. The buyer terminated after receiving her home inspection report, which Ms. Woodard reviewed. The report recommended that the buyer consider having a general contractor further evaluate the roof, chimney, attic, deck, and crawl space of the subject property. Ms. Woodard then had a licensed general contractor visit the property to view the crawl space and deck. He determined that the moisture problem in the crawl space had “been resolved” and opined that new joists were in place to support the floor system. The contractor did not view the other areas of the home as recommended by the inspection report, however, Ms. Woodard recommended to her seller-clients that they consider looking further into those issues. Another Buyer went under contract a few days later, who terminated the contract after his home inspection discovered some of the same potential issues noted in the first buyer’s inspection. The first buyer then went back under contract, purchased the subject property, and has had no issues to date. Ms. Woodard reviewed the Working With Real Estate Agents brochure with the first buyer, who understood and agreed that Ms. Woodard was acting as a dual agent. However she failed to execute a separate Buyer Agency Agreement. The first buyer and Ms. Woodard’s seller clients have no complaints regarding representation in the transaction.
ADVANCED REALTY LLC (Boone) – By Consent, the Commission reprimanded Advanced Realty LLC effective June 3, 2020. The Commission found that the Firm listed a residential property for sale and acted as a dual agent for a buyer who went under contract. The buyer terminated after receiving her home inspection report, which the Broker reviewed. The report recommended that the buyer consider having a general contractor further evaluate the roof, chimney, attic, deck, and crawl space of the subject property. The broker then had a licensed general contractor visit the property to view the crawl space and deck. He determined that the moisture problem in the crawl space had “been resolved” and opined that new joists were in place to support the floor system. The contractor did not view other areas of the home as recommended by the inspection report, however, the broker recommended to the seller-clients that they consider looking further into those issues. Another buyer went under contract a few days later, then terminated the contract after his home inspection discovered some of the same potential issues noted in the first buyers inspection. The first buyer then went back under contract, purchased the subject property, and has had no issues to date. The broker reviewed the Working With Real Estate Agents brochure with the first buyer, who understood and agreed that the Firm was acting as a dual agent, however failed to execute a separate Buyer Agency Agreement. The first buyer and the Firm’s seller clients have no complaints regarding representation in the transaction.
MARK EVERETT GUARD (Greensboro) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Guard effective August 12, 2020. The Commission dismissed without prejudice allegations that Mr. Guard violated provisions of the Real Estate License Law and Commission rules. Mr. Guard neither admitted nor denied misconduct.
HUGH D OSBORNE (Greensboro) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Osborne effective August 12, 2020. The Commission dismissed without prejudice allegations that Mr. Osborne violated provisions of the Real Estate License Law and Commission rules. Mr. Osborne neither admitted nor denied misconduct.
LAMBETH OSBORNE REALTY (Greensboro) – The Commission accepted the permanent voluntary surrender of the firm license of Lambeth Osborne Realty effective August 12, 2020. The Commission dismissed without prejudice allegations that Lambeth Osborne Realty violated provisions of the Real Estate License Law and Commission rules. Lambeth Osborne Realty neither admitted nor denied misconduct.
JAMES M LEWIS (Glenville) – By Consent, the Commission reprimanded James M Lewis effective October 1, 2020. The Commission found that in or about June 2018, Mr. Lewis, acting as a dual agent in a transaction, ordered a home inspection on behalf of his buyer-client. The home inspection noted a possible infestation of Powder Post Beetles. Mr. Lewis reviewed the home inspection report with the buyer but failed to mention the remarks about the powder post beetles. He submitted a request for a wood-destroying insect inspection to a local pest control firm. but failed to obtain and review a copy of the pest inspection report, which indicated an active infestation of powder post beetles and carpenter beetles, with his buyer-client, although the closing attorney included the report in the package of closing documents. The buyer closed on the house in July 2018, and contracted with a pest control company to spray on a quarterly basis. About 8 months after closing, the pest control company informed the buyer about the infestation and estimated the cost to eliminate the infestations at around $15,000. The Commission noted that Mr. Lewis subsequently paid his buyer-client $15,000 for remediation of the property.
JIM LEWIS REALTY LLC (Glenville) – By Consent, the Commission reprimanded Jim Lewis Realty LLC effective October 1, 2020. The Commission found that in or about June 2018, the Firm, acting as a dual agent in a transaction, ordered a home inspection on behalf of its buyer-client. The inspection noted a possible infestation of Powder Post Beetles. The Firm, through its broker-in-charge, also submitted a request for a wood-destroying insect inspection to a local pest control firm. The broker failed to obtain and review a copy of the pest inspection report, which indicated an active infestation of powder post beetles and carpenter beetles, with his buyer-client, although the closing attorney included the report in the package of closing documents. The buyer closed on the house in July 2018, and contracted with a pest control company to spray on a quarterly basis. About 8 months after closing, the pest control company informed the buyer about the infestation and estimated the cost to eliminate the infestations at around $15,000. The Commission noted that the broker subsequently paid the Firm’s buyer-client $15,000 for remediation of the property.
JAHQUIIS ALSTON (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Alston for a period of 18 months effective July 4, 2020. The Commission then stayed the suspension in its entirety. The Commission found that in December 2016, Mr. Alston submitted an application for his real estate license but failed to disclose a June 2015 disciplinary action from the NC Board of Massage and Bodywork Therapy on his application. In June, 2017, the Massage Board revoked his license based on a second complaint. Mr. Alston also failed to disclose this revocation to the Commission. The Commission noted that in 2019, Mr. Alston submitted an application to the NC Appraisal Board disclosing his two prior disciplinary actions from the NC Board of Massage and Bodywork Therapy.