DONALD CATO (GREENSBORO) – The Commission accepted the voluntary surrender of the broker license of Cato effective May 17, 2023. The Commission dismissed without prejudice allegations that Cato violated provisions of the Real Estate License Law and Commission rules. Cato neither admitted nor denied misconduct.
ERICK STEPHENS (GARNER) – The Commission accepted the voluntary surrender of the broker license of Stephens effective May 17, 2023. The Commission dismissed without prejudice allegations that Stephens violated provisions of the Real Estate License Law and Commission rules. Stephens neither admitted nor denied misconduct.
RICHARD T HAYES (WILMINGTON) – By Consent, the Commission suspended the broker license of Hayes for a period of 12 months, effective May 15, 2023, with the suspension to be stayed effective November 15, 2023. The Commission found that, while acting as a licensed attorney, Hayes was disciplined by the North Carolina State Bar in 2005 and in 2009. Hayes was also convicted of one count of misdemeanor failure to pay income tax in 2006 in Wake County District Court. Hayes failed to report the disciplinary actions and the criminal conviction to the Commission within 60 days as required.
JAIME LEE YOUNG (FAYETTEVILLE) – By Consent, the Commission suspended the broker license of Young for a period of 18 months, effective April 1, 2023. The Commission then stayed the suspension in its entirety. The Commission found that in May 2022, Young was the listing agent for the sale of a residential property. The sellers of the subject property accepted an offer to purchase and contract, a term of which required the payment of a due diligence fee by the buyers. The buyers did not immediately remit this fee. Young advised the sellers that due to the failure of the buyers to immediately remit this fee, the contract was not fully executed. Upon this advice, and without properly terminating, the sellers accepted another offer to purchase.
HALEY DONIELLE KERNELLS (FAYETTEVILLE) – By Consent, the Commission suspended the broker license of Kernells for a period of 18 months, effective April 1, 2023. The Commission then stayed the suspension in its entirety. The Commission found that in May 2022, when Kernells was designated as broker-in-charge, an affiliated broker listed a home for sale. An offer to purchase was accepted, requiring the payment of a due diligence fee, which the buyers did not immediately remit. Kernells advised the affiliated broker that due to the failure of the buyers to immediately remit the due diligence fee, the contract was not fully executed. Upon this advice, and without properly terminating, the sellers accepted another offer to purchase.
STEPHANIE WADE GODWIN (SANFORD) – By Consent, the Commission suspended the broker license of Godwin for a period of 12 months, effective March 1, 2023. The Commission then stayed the suspension after 1 month served. The Commission found that in December 2022, Godwin listed the subject property for sale. Godwin was aware that the subject property had been completely remodeled by the seller, who was an investor. Godwin failed to discover and disclose that no permits had been obtained for the renovations to the subject property.
FRANCIS XAVIER RECK (WILMINGTON) – By Consent, the Commission suspended the broker license of Reck for a period of 12 months, effective April 1, 2023. The Commission then stayed the suspension in its entirety. The Commission found that Reck was the listing agent for a residential property. A buyer submitted an offer which included an escalation clause. The sellers received an additional offer. Thereafter, Reck advised the buyers’ agent that the sellers had received another offer. The sellers then countered the first buyers’ offer with an increased purchase price, pursuant to the escalation clause. The first buyers requested proof of the second offer and Reck revealed the terms of the second offer without first receiving permission from the offeror.
JUDITH HIGGINS WAGNER (BOONE) – By Consent, the Commission suspended the broker license of Wagner for a period of 12 months, effective May 1, 2023. The Commission then stayed the suspension in its entirety. The Commission found that in February 2022, Wagner entered into a listing agreement for a residential property. Wagner falsely advertised the property as containing “HSpeed Internet – DSL.” Wagner failed to verify that the property had such internet available and accessible.
ALLAN M WAGNER (BOONE) – By Consent, the Commission suspended the broker license of Wagner for a period of 12 months, effective May 1, 2023. The Commission then stayed the suspension in its entirety. The Commission found that in February 2022, Wagner entered into a listing agreement for a residential property. Wagner advertised the property as containing “HSpeed Internet – DSL.” Wagner failed to verify that the property had such internet available and accessible.
RHONDA LYNNE ADAMS (FAYETTVILLE) – By Consent, the Commission reprimanded Adams, effective April 1, 2023. The Commission found that Adams was the broker-in-charge of another broker during a sales transaction. The broker represented a buyer client to whom he made a promise to credit $10,000. A credit of $5,000 was noted on the closing disclosure of the transaction and the broker agreed to credit the remaining $5,000 to their client following future closings. After the subject transaction closed, Adams became aware the broker had made the promise but did not ensure that they fulfilled the promise.
EXP REALTY LLC (FAYETTVILLE) – By Consent, the Commission reprimanded EXP Realty LLC, effective April 1, 2023. The Commission found that an affiliated broker of the Firm represented a buyer-client to whom they promised to rebate $10,000 – half at the time of closing and half upon the close of other transactions. After the close of the first transaction, the broker-in-charge of the Firm became aware of the promise made by the broker but did not ensure that they paid the remaining $5,000 as promised.