YECENIA BANEGAS (JOHNSTON COUNTY) – By Consent, the Commission suspended the broker license of Ms. Banegas for a period of 2 years effective January 10, 2022. The Commission then stayed the suspension in its entirety. The Commission found that Ms. Banegas bought and renovated a residential property and relied on unlicensed contractors’ advice in failing to obtain necessary permits. Ms. Banegas listed the property without disclosing that she had not obtained permits or hired licensed professionals to do renovations including relocating a wall, and connecting an HVAC system to a room. Ms. Banegas also failed to discover and disclose serious termite damage in the crawlspace. The Commission noted that Ms. Banegas had refunded the buyer their fees and deposits after they terminated the contract.
DANIELLE SEANTE GADDY (FAYETTEVILLE) – By Consent, the Commission suspended the broker license of Ms. Gaddy for a period of 18 months effective January 1, 2021. The Commission then stayed the suspension in its entirety. The Commission found that, as qualifying broker/broker in charge of a firm, Ms. Gaddy failed to complete required annual continuing education (CE) which resulted in her license being “inactive” from October 8, 2020, through November 6, 2020 and the firm’s license being “inactive” from October 8, 2020, through October 29, 2020. Despite this, Ms. Gaddy continued to enter into agency agreements and represent clients in submitting offers to purchase. Ms. Gaddy failed to notify the Commission within ten (10) days of the firm being administratively dissolved by the NC Secretary of State. Ms. Gaddy has since had the firm reinstated. In a transaction where Ms. Gaddy acted as the listing agent, the Commission found that she showed the subject property, with her seller-client’s approval, to a potential buyer three days prior to marketing the property in the MLS. Ms. Gaddy also added the phrase “not the procuring cause” in the selling agent section of an offer to purchase contract submitted by the buyer’s agent. The property ultimately went under contract with a different buyer.
JOHN LIGHT (KILL DEVIL HILLS) – The Commission accepted the voluntary surrender of the broker license of Mr. Light for a period of 1 year effective December 15, 2021. The Commission dismissed without prejudice allegations that Mr. Light violated provisions of the Real Estate License Law and Commission rules. Mr. Light neither admitted nor denied misconduct.
GEBA RENEA MCDANIEL (WINSTON-SALEM) – By Consent, the Commission suspended the broker license of Ms. McDaniel for a period of 2 years effective December 30, 2021. The Commission then stayed the suspension in its entirety. The Commission found that Ms. McDaniel was the broker-in-charge and qualifying broker of a property management firm which allowed an unlicensed broker, and his unlicensed firm, to conduct brokerage activities. Ms. McDaniel failed to notify the Commission within ten (10) days of her firm’s administrative dissolution by the NC Secretary of State. Ms. McDaniel’s management agreement with the property owner failed to contain all provisions as required by Commission rules. Ms. McDaniel, acting as a buyer agent, referred various clients to a credit repair/restoration company to assist with raising their credit rating and failed to disclose that this company was owned and run by her husband.
DEBORAH STALL PORTH (CHARLOTTE) – By Consent, the Commission suspended the broker license of Ms. Porth for a period of 2 years effective January 15, 2022. The Commission then stayed the suspension in its entirety. The Commission found that Ms. Porth was qualifying broker/broker in charge of a Firm, whose company policy was to run a background check on every prospective tenant 18 years of age and older. In 2019, the Firm leased a property to three adult brothers without collecting the listed tenant security deposit or prorated rent, and after obtaining a background check for only one applicant rather than each tenant. The “overall recommendation” in the background report was to DECLINE that applicant. The tenants were late with their rent or did not pay rent while they were living in the property, did not vacate when their lease expired in October 2020, and were evicted in January 2021 still owing rent. The Commission noted that Ms. Porth personally paid the owner the missing tenant security deposit funds. Ms. Porth also failed to timely account for or disburse a tenant security deposit to a tenant despite re-renting the property within three weeks of the tenant’s vacating, and failed to maintain trust account records in compliance with Commission rules.