Disciplinary Actions

CAROLINA TRACE GATED PROPERTIES LLC (SANFORD) – By Consent, the Commission suspended the broker license of Carolina Trace Gated Properties LLC for a period of 12 months, effective July 1, 2022. The Commission then stayed the suspension in its entirety. The Commission found that the Firm failed to verify the advertising of a broker affiliated with the Firm, resulting in listings advertised with inaccurate square footage figures.

FATHOM REALTY NC LLC (CHARLOTTE) – By Consent, the Commission reprimanded Fathom Realty NC LLC, effective June 20, 2022. The Commission found that the Firm was the listing firm for the sale of a residential property. The individual listing agent failed to verify the property’s septic permit and advertised the property as having four bedrooms when the septic permit specified three bedrooms. The listing agent has entered into a settlement with the 2019 buyer to the buyer’s satisfaction and the buyer has now sold the property.

ALVARO JOEL VILLARROEL GOMEZ (CHARLOTTE) – By Consent, the Commission revoked the broker license of Mr. Gomez effective July 1, 2022. The Commission found that in January 2022, Mr. Gomez submitted an Affidavit for Name Change along with a NC Court Order for the name change. Mr. Gomez has not had a legal name change and knowingly submitted invalid and fraudulent documents to the Commission.

C JON HINES (CHARLOTTE) – Following a hearing, the Commission suspended the broker license of Mr. Hines for thirty-six months effective July 1, 2022, provided however, that the first twelve months shall be active and the remaining twenty-four months shall be stayed. Mr. Hines shall not hold himself out to be a broker-in-charge or become broker-in-charge eligible for a period of five years from July 1, 2022. The Commission also withdrew Mr. Hines’ instructor approval for a period of three years effective July 1, 2022. The Commission found that Mr. Hines, as broker-in-charge of a Housemax LLC, altered pre-approval letters and did not obtain approval from the lender to alter the pre-approval letters. Mr. Hines also failed to provide all firm transactional records as requested by the Commission’s investigator.

HOUSEMAX LLC (CHARLOTTE) – Following a hearing, the Commission permanently revoked the firm license of Housemax LLC effective July 1, 2022. The Commission found that Mr. Hines, as broker-in-charge of the Firm, altered pre-approval letters and did not obtain approval from the lender to alter the pre-approval letters. The Firm also failed to provide all firm transactional records as requested by the Commission’s investigator.

JOSEPH ROBERT KENDRICK (BURGAW) – By Consent, the Commission suspended the broker license of Joseph Robert Kendrick for a period of 12 months, effective July 15, 2022. The Commission then stayed the suspension in its entirety. The Commission found that Mr. Kendrick, acting as the broker-in-charge of a firm, also acted as the listing agent under a limited service agreement. Mr. Kendrick advertised the square footage of the subject property and the bedroom count based on his seller client’s assertions and without independently verifying the information by measuring the property or attempting to pull the septic permit. The seller of the subject property also made renovations to it and Mr. Kendrick failed to verify whether any required permits were pulled prior to listing. A buyer went under contract to purchase the subject property and discovered, during their due diligence, that a septic permit could not be found and that permits were not pulled during the renovation. The buyer then terminated the contract. The subject property went under contract two more times prior to Mr. Kendrick updating the MLS advertisement to reflect the septic and permit issues.

WILLIAM R MONCURE (RALEIGH) – By Consent, the Commission suspended the broker license of William R Moncure for a period of 6 months, effective July 1, 2022. The Commission then stayed the suspension in its entirety. The Commission found that Mr. Moncure, acting as a listing agent, advertised a property as a five-bedroom house based on the seller’s representation. Mr. Moncure failed to discover and disclose that the property was permitted for a three-bedroom septic. A buyer under contract to purchase the property discovered the discrepancy and the seller refused to refund the buyer’s $15,000 due diligence fee until the buyer retained counsel. Upon discovering that the permit was only for a three-bedroom septic, Mr. Moncure immediately revised his MLS listing. He also called the Commission to advise on the matter and seek guidance. The subject property has since been sold with the correct MLS listing and disclosures in place. Mr. Moncure has also entered into a civil settlement with the first buyer to the buyer’s satisfaction.

CHARLES C POWELL II (CHARLOTTE) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Powell effective July 1, 2022. The Commission dismissed without prejudice allegations that Mr. Powell violated provisions of the Real Estate License Law and Commission rules. Mr. Powell neither admitted nor denied misconduct.

ALFRED S RUSHATZ (SANFORD) – By Consent, the Commission suspended the broker license of Alfred S. Rushatz for a period of 12 months, effective July 1, 2022. The Commission then stayed the suspension in its entirety. The Commission found that Mr. Rushatz as qualifying broker and broker-in-charge of a firm, failed to verify the advertising of a broker affiliated with Mr. Rushatz’s firm. This resulted in listings advertised with inaccurate square footage figures. Mr. Rushatz engaged in the practice of law in North Carolina without a law license when he prepared a deed in a real estate transaction.

CHERIE L SCHULZ (RICHLANDS) – The Commission accepted the voluntary surrender of the broker license of Ms. Schulz effective July 20, 2022. The Commission dismissed without prejudice allegations that Ms. Schulz violated provisions of the Real Estate License Law and Commission rules. Ms. Schulz neither admitted nor denied misconduct.

CHERIE SCHULZ REALTY FIRM INC (RICHLANDS) – The Commission accepted the voluntary surrender of the broker license of Cherie Schulz Realty Firm Inc. effective July 20, 2022. The Commission dismissed without prejudice allegations that Cherie Schulz Realty Firm Inc. violated provisions of the Real Estate License Law and Commission rules. Cherie Schulz Realty Firm Inc. neither admitted nor denied misconduct.

USREALTY.COM LLP (BURGAW) – By Consent, the Commission suspended the broker license of USRealty.com LLP for a period of 12 months, effective July 15, 2022. The Commission then stayed the suspension in its entirety. The Commission found that the Firm acted as the listing agent under a limited service agreement. The Firm advertised the square footage of the subject property and the bedroom count based on its seller client’s assertions and without independently verifying the information by measuring the property or attempting to pull the septic permit. The seller of the subject property also made renovations to it and the Firm failed to verify whether any required permits were pulled prior to listing. A buyer went under contract to purchase the subject property and discovered, during their due diligence, that a septic permit could not be found and that permits were not pulled during the renovation. The buyer then terminated the contract. The subject property went under contract two more times prior to the Firm updating the MLS advertisement to reflect the septic and permit issues. The Firm has since created additional training and policies for its agents.