MARTIN BIRENBAUM (LAKE LURE) – The Commission accepted the voluntary surrender of the broker license of Mr. Birenbaum effective July 14, 2021. The Commission dismissed without prejudice allegations that Mr. Birenbaum violated provisions of the Real Estate License Law and Commission rules. Mr. Birenbaum neither admitted nor denied misconduct.
SARAH M DRAUGHN (WINSTON-SALEM) – By Consent, the Commission reprimanded Ms. Draughn effective July 1, 2021. The Commission found that Ms. Draughn was the onsite agent for a listing firmwhich had received letters from the city’s Planning & Development Department indicating that a related entity’s planned subdivision was located in an airport overlay district which required written disclosure to prospective buyers. Ms. Draughn failed to provide any written disclosure as required.
GREGORY BRAXTON GARRETT (WINSTON-SALEM) – By Consent, the Commission suspended the broker license of Mr. Garrett for a period of 12 months effective July 1, 2021. The Commission then stayed the suspension in its entirety. The Commission found that Mr. Garrett was affiliated with a listing firm and was BIC of a land development firm which had received letters from the city’s Planning & Development Department indicating that the land development firm’s planned subdivision was located in an airport overlay district which required written disclosure to prospective buyers. Mr. Garrett failed to provide the required written disclosure to at least three of the final six buyers in the subdivision.
CORTNEY LEIGH GRIFFIN (CORNELIUS) – By Consent, the Commission suspended the broker license of Ms. Griffin for a period of 9 months effective July 15, 2021. The Commission then stayed the suspension in its entirety. The Commission found that Ms. Griffin listed her personally owned residential condominium unit which went under contract on November 23, 2020. On November 24, 2020, Ms. Griffin was notified of a proposed special assessment for exterior repairs and a 25% dues increase due to an underfunded HOA. Ms. Griffin failed to disclose the information to the buyer until December 8, 2020, after the buyer had paid a due diligence fee, earnest money deposit, and incurred home inspection and appraisal costs. The buyer terminated after learning of the HOA assessment and dues increase.
DAWN H HALL (WINSTON-SALEM) – By Consent, the Commission reprimanded Ms. Hall effective July 1, 2021. The Commission found that Ms. Hall, served as BIC of a listing firm which, through its QB, received letters from the city’s Planning & Development Department indicating that the it’s a related entity’s planned subdivision was located in an airport overlay district which required written disclosure to prospective buyers. Ms. Hall failed to provide the required written disclosure to at least three of the final six buyers in the subdivision.
CHRISTOPHER HOLT JACKSON (GREENSBORO) – By Consent, the Commission suspended the broker license of Mr. Jackson for a period of three years effective July 1, 2021. The Commission then stayed the suspension in its entirety on the condition that he be ineligible to act as or become a BIC for a period of five years. The Commission found that Mr. Jackson timely self-reported that he pled guilty in September 2020 to a felony count of Assault with a Deadly Weapon with Intent to Kill. The conviction stemmed from an October 2019 driving incident during which Mr. Jackson, attempted to pass another vehicle, which struck Mr. Jackson’s mirror. Mr. Jackson, believing the other driver was attempting to run him off the road, responded by firing a handgun, striking the other vehicle. He received a sentence of 24-41 months, suspended, and was placed on 30 months supervised probation. He was also ordered to pay $622.50 in court fines and costs, and ordered to complete 50 hours of community service.
IAN KIEL MCADAM (GREENVILLE) – By Consent, the Commission suspended the broker license of Mr. McAdam for a period of 24 months effective July 1, 2021. The Commission then stayed the suspension in its entirety. The Commission found that Mr. McAdam, acting as the QB and BIC of a firm, failed to properly account for trust money resulting in a shortage in Mr. McAdams’ trust account. Mr. McAdam funded the shortage following the Commission’s audit. For one landlord-client, Mr. McAdam advertised rental properties under a firm name that is not licensed and did not deposit rental proceeds for that landlord-client in a trust account.
MCADAM REALTY LLC (GREENVILLE) – By Consent, the Commission suspended the broker license of McAdam Realty LLC for a period of 24 months effective July 1, 2021. The Commission then stayed the suspension in its entirety. The Commission found that McAdam Realty LLC, failed to properly account for trust money resulting in a shortage in its trust account. McAdam Realty LLC funded the shortage following the Commission’s audit. For one landlord-client, McAdam Realty LLC advertised rental properties under a firm name that is not licensed and did not deposit rental proceeds for that landlord-client in a trust account.
CHRISTINA COX MILES (WINSTON-SALEM) – By Consent, the Commission reprimanded Ms. Miles effective July 1, 2021. The Commission found that Ms. Miles was the onsite agent for a listing firm which had received letters from the city’s Planning & Development Department indicating that a related entity’s planned subdivision was located in an airport overlay district which required written disclosure to prospective buyers. Ms. Miles failed to provide any written disclosure as required.
RIVERBEND REALTY (LAKE LURE) – The Commission accepted the voluntary surrender of the broker license of Riverbend Realty effective July 14, 2021. The Commission dismissed without prejudice allegations that Riverbend Realty violated provisions of the Real Estate License Law and Commission rules. Riverbend Realty neither admitted nor denied misconduct.
JOHN NATHAN TABOR (WINSTON-SALEM) –Following a hearing, the Commission permanently revoked the broker license of Jonathan Tabor effective May 11, 2021. The Commission found that Mr. Tabor conducted brokerage activities prior to his licensure as a real estate broker by entering into a Finder’s Fee Agreement which called for his unlicensed company to receive a referral fee from a seller of a large portfolio of properties as consideration for referring a buyer to the seller. Following his licensure, Mr. Tabor continued to pursue payment of the referral fee for his unlicensed company, including placing a lien on the seller’s properties to prevent the sale of those properties without the unlicensed company first receiving compensation.
MARY W TATUM (CHAPEL HILL) – By Consent, the Commission reprimanded Ms. Tatum effective July 1, 2021. The Commission found that in February 2020, Ms. Tatum listed a property and, on the RPOADS, Ms. Tatum’s seller-client checked “no” on question #8 regarding plumbing problems and indicated that the pipes were plastic. Ms. Tatum, however, indicated in the agent remarks of the MLS that the “master bath Jacuzzi is non-functional.” A buyer contracted to buy the property and obtained a home inspection which revealed water in the crawl space, rotten siding, electrical problems, polybutylene (“PB”) pipes, and other issues. Ms. Tatum’s seller-client then emailed her explaining that there was a leak under the master tub in 2014 and the pipes were capped which Ms. Tatum immediately forwarded to the agent for Buyer #1. Due to health, travel, and pandemic-related issues, Ms. Tatum was not able to meet with her clients to fully discuss Buyer #1’s inspection report or request for repairs before Buyer #1 elected to terminate its contract but the sellers employed service personnel to address the water under and around the house, the siding, the electrical issues and other repairs. Buyer #1 did not request any repair to the tub or pipes. The buyer released the inspection report to Ms. Tatum who re-activated the listing in the MLS but failed to have her seller-client update the RPOADS, or otherwise disclose the PB pipes or the defects revealed in the first buyer’s home inspection report. In April, 2020, Buyer #2 contracted to buy the property and ordered a home inspection which revealed some of the same defects as the first including the PB pipes and no water to the master tub. Buyer #2 subsequently terminated his contract. Ms. Tatum’s seller-client revised the RPOADS to indicate PB pipes and that the non-functional tub was being repaired. Shortly thereafter, the property was sold to Buyer #3 who accepted the property with PB pipes and declined to have any repairs made to the tub in exchange for other concessions.
WENDY TAYLOR (WINSTON-SALEM) – By Consent, the Commission reprimanded Ms. Taylor effective July 1, 2021. The Commission found that in March 2019, Ms. Taylor acted as listing agent for residential property. The seller informed Ms. Taylor that she had applied DRYLOCK to the basement walls but did not tell her that the basement walls had a history of leaking water, and the seller indicated “no” on the RPOADS in response to the question asking whether there were any problems or defects in the property’s foundation. The property went under contract and the buyer’s home inspection determined that previously patched cracks in the basement walls had reappeared, and that the reappearance of the cracks was due to hydrostatic pressure on the outside of the walls pushing the walls inward. The inspector recommended that the basement walls be examined by a professional engineer and repairs made, if necessary. A radon inspection ordered by the buyer also indicated that the radon levels averaged 8.3 pCi/L well above the recommended 4.0 maximum. After receiving the first buyer’s home inspection report, Ms. Taylor discussed the report with her seller-client who declined to hire anyone to inspect the basement walls but had a radon mitigation system installed. No subsequent radon test was performed to confirm the radon levels had lowered. After the first buyer terminated the contract, Ms. Taylor put the property back on the market without advising her seller-client to revise the RPOADS and without otherwise disclosing the information from the previous home inspection or radon inspection.