ANDREW RICHARD ALEXANDER (ASHEVILLE) – By Consent, the Commission reprimanded Alexander, effective October 1, 2022. The Commission found that in July, 2020, Alexander acted as buyer agent for a client in the purchase of residential property. Alexander was not present at the time of the home inspection during which the inspector noted multiple areas of dampness on the inner basement wall. The inspection report also noted that the inspector was unable to fully inspect the walls due to the seller’s personal property blocking the view and recommended further evaluation by a qualified professional. Alexander failed to advise his clients to further investigate or re-inspect the basement for water intrusion although the DDRA did include a requested repair of gutters. Following the close of the transaction, the buyers discovered that repair of the issues could cost between $9,000 and $22,000. The buyers sold the property for a profit without making the repairs, but disclosed the issue to the new buyer.
MELONY BANKS (MATTHEWS) – The Commission accepted the voluntary surrender of the broker license of Banks effective October 1, 2022. The Commission dismissed without prejudice allegations that Banks violated provisions of the Real Estate License Law and Commission rules. Banks neither admitted nor denied misconduct.
ROBERT B CANNER (GREENSBORO) – By Consent, the Commission suspended the broker license of Canner for a period of 6 months, effective February 16, 2022. The Commission found that in 2021, Canner entered into a buyer agency agreement in which he agreed to share half of his sales commission with his buyer-client. Canner failed to inform all interested parties of the agreement and failed to pay the commission as promised. Canner failed to review a Working with Real Estate Agents disclosure with the buyer-client.
JEFFERY L EDDINGER (THOMASVILLE) – By Consent, the Commission reprimanded Eddinger, effective October 1, 2022. The Commission found that in July 2021, Eddinger, as owner of a rental property, issued a letter to the tenant which required the tenant to vacate the property within 10 days, contrary to the required 30 days’ notice in the written lease. Thereafter in a civil complaint, Eddinger was ordered to pay the tenant $2,400. Eddinger refused to pay the judgment until after the tenant filed a complaint with the Commission.
CHRISTINA MARIE FIGUEROA (NEW BERN) – By Consent, the Commission reprimanded Figueroa, effective September 30, 2022. The Commission found in June 2021, Figueroa acted as a listing agent for a property containing a condominium and a boat slip in the adjacent marina. Figueroa is the manager for the two owners associations related to the property: one for condominiums and one for the marina. The subject property went under contract late June 2021. In early July 2021, the Board of the marina association was notified that the master insurance policy was scheduled to be cancelled prematurely, effective August 2021, after the scheduled closing date of the subject property. Figueroa, as manager of the association, learned this information. The Board challenged the cancellation with the insurance company or attempted to obtain replacement coverage, and the Board and its attorney instructed Figueroa not to immediately disclose the notice to slip owners or third parties, and Figueroa did not disclose the notice of cancellation of the insurance policy until she was specifically instructed by Board counsel.
ISABEL ELISA GONZALEZ (CHARLOTTE) – By Consent, the Commission reprimanded Gonzalez, effective October 1, 2022. The Commission found that Gonzalez failed to deliver a Working With Real Estate Agents (“WWREA”) disclosure to their buyer-client or enter into a written buyer agency agreement with the buyer-client prior to presenting an offer to purchase on their behalf. Gonzalez has provided evidence of signed WWREA and agency agreements with other buyer-clients both prior to and after this transaction. Gonzalez has instituted new procedures to ensure that disclosures and agency agreements are signed and submitted before an offer is made.
STEVEN N HEISELMAN (ASHEVILLE) – By Consent, the Commission reprimanded Heiselman, effective October 1, 2022. The Commission found that as broker-in-charge of a firm, in July 2020, Heiselman’s affiliated provisional broker acted as buyer agent for a client in the purchase of residential property. They were not present at the time of the home inspection during which the inspector noted multiple areas of dampness on the inner basement wall. The inspection report also noted that the inspector was unable to fully inspect the walls due to the seller’s personal property blocking the view and recommended further evaluation by a qualified professional. Heiselman failed to advise the provisional broker or the buyers to further investigate or re-inspect the basement for water intrusion. Following the close of the transaction, the buyers discovered that repair of the issues could cost between $9,000 and $22,000. The buyers sold the property for a profit without making the repairs, but disclosed the issue to the new buyer.
LINDA KAYE HOLLAND (NEW BERN) – By Consent, the Commission suspended the broker license of Holland for a period of 6 months, effective October 1, 2022. The Commission then stayed the suspension in its entirety. The Commission found that in 2019, Holland, acting as listing agent for a seller-client, failed to measure the property, and advertised the property as having 1,541 square feet as listed on the county tax records. This measurement included an attached garage that was formerly heated and cooled. The property actually had 1,261 square feet of heated and cooled living area, a 22% variance. The buyer was made aware of the discrepancy during the pendency of the transaction.
AARON MICHAEL SEELBINDER (WILMINGTON) – By Consent, the Commission suspended the broker license of Seelbinder for a period of 24 months, effective October 1, 2022. The Commission then stayed the suspension in its entirety. The Commission found that in January 2021, Seelbinder, through his unlicensed firm, took over property management for vacation rental property for which Seelbinder had acted as buyer’s agent. Seelbinder’s property management agreement did not include the required anti-discrimination language or the Seelbinder’s license number. Seelbinder collected rents and provided monthly payments and accountings for approximately 20 additional properties without being designated as a broker-in-charge. Seelbinder failed to maintain ledgers, a journal, reconciliations or a trial balance leading to an inability to determine a clear audit trail. Seelbinder applied for the broker-in-charge designation during the pendency of the investigation but did not have two years requisite experience until March 2022.
CHARLESTON SIMEON WALLACE (FAYETTEVILLE) – By Consent, the Commission reprimanded Wallace, effective October 1, 2022. The Commission found since August 2020, Wallace has purchased five properties subject to existing mortgages but failed to fully disclose in writing the potential effects of the due on sale clause to the sellers. At the request of the Commission, Wallace has revised their contract to fully describe sale obligations and to disclose in writing the existence of due on sale clauses.