JAMES THOMAS TYLER JR. (CARY) – By Consent, the Commission suspended the real estate license of Tyler for a period of two months effective upon any future reinstatement. The Commission found that Tyler pled guilty to Misdemeanor Assault on a Female and Misdemeanor Domestic Violence Protective Order Violation. Tyler failed to notify the Commission within 60 days of the date of conviction and failed to submit a written response within 14 days of receipt of a letter of inquiry from the Commission.
MONA KATHERINE FITCH (FAYETTEVILLE) – The Commission accepted the permanent voluntary surrender of the real estate license of Fitch, effective September 13, 2023. The Commission dismissed without prejudice allegations that Fitch violated provisions of the Real Estate License Law and Commission Rules. Fitch neither admitted nor denied misconduct.
ARTHUR CALDWELL (FAYETTEVILLE) – The Commission accepted the voluntary surrender of the real estate license of Caldwell for a period of two years, effective September 13, 2023. The Commission dismissed without prejudice allegations that Caldwell violated provisions of the Real Estate License Law and Commission Rules. Caldwell neither admitted nor denied misconduct.
CATHERINE ARRINGTON RANKHORN (SUGAR MOUNTAIN) – By Consent, the Commission suspended the broker license of Rankhorn for a period of 18 months, effective April 19, 2023, but stayed the suspension after 3 months upon certain conditions. The Commission found that Rankhorn, acting as a listing agent, received a structural engineering report that identified deterioration to the exterior of condominium units and water infiltration and failed to disclose the extent of the repairs identified in the structural engineering report before the transactions closed. The Home Owners Association then approved a $6,000 special assessment per homeowner to pay for the repairs recommended in the structural engineering report.
LARISA NICOLE SLOAN (ELIZABETH CITY) – By Consent, the Commission suspended the broker license of Sloan for a period of 12 months, effective June 1, 2023, but stayed the suspension after 3 months upon certain conditions. The Commission found that Sloan acted as a dual agent and failed to adequately verify a proof-of-funds letter submitted by the buyers for the cash transaction. Sloan also failed to obtain funds for buyer possession at time of possession. Sloan incorrectly identified herself as a designated dual agent on the Offer to Purchase and Contract. Sloan proposed to re-list the subject property before evicting the buyers or having a signed contract termination.
CAROLYN S H HRISO (DURHAM) – By Consent, the Commission suspended the instructor approval of Hriso for a period of 12 months, effective September 1, 2023. The Commission then stayed the suspension in its entirety and placed Hriso on a probationary period of 4 years upon certain conditions. The Commission found that Hriso acting as the Education Director for The NC Real Estate School failed to see that guest instructors were qualified or had sufficient materials to teach a portion of prelicensing classes, failed to ensure instructors met the requirements of Rule H.0304, received 75 hours of instruction, or quiz reviews after each chapter was completed. Hriso reported a student as having passed the prelicensing course even though the student failed the end-of-course exam, allowing that student to sit for the state examination when they were not eligible. As an instructor, Hriso often ended classes early and failed to meet instructor conduct and performance requirements established by the Commission.
THE NC REAL ESTATE SCHOOL (DURHAM) – By Consent, the Commission suspended the education provider approval of The NC Real Estate School for a period of 12 months, effective September 1, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that the education provider failed to provide accurate information relating to its instructional programs, provide accurate reports as to successful prelicensing students eligible to sit for the state examination. The education provider also provided false or misleading information to prelicensing students as it related to their prelicensing program and reported a student as having passed the prelicensing course even though the student failed the end-of-course exam, allowing that student to sit for the state examination when they were not eligible.
SEAN NICHOLAS MCGOVERN (WILMINGTON) – By Consent, the Commission reprimanded McGovern, effective September 12, 2023. The Commission found that McGovern, acting as the listing agent for a vacant lot, advertised “Build your dream home on one of the larger homesites in River Run Plantation…” The subject property went under contract and the buyer discovered, after closing, that a residential structure could not be built on the subject property. McGovern disclosed that no soil testing on the subject property had been performed by his seller-client, however, McGovern failed to disclose that a previous septic permit application, accessible in public records, was denied by the county who classified the subject property as “unsuitable” due to soil wetness and insufficient space for a septic system and repair area.
EDWIN H WAGENSELLER (WILMINGTON) – By Consent, the Commission reprimanded Wagenseller, effective September 12, 2023. The Commission found that Wagenseller, acting as the broker-in-charge of a firm, listed a vacant lot for sale, which advertised “Build your dream home on one of the larger home sites in River Run Plantation…” The subject property went under contract and the buyer discovered, after closing, that a residential structure could not be built on the subject property. The broker that Wagenseller supervised did disclose that no soil testing on the property had been performed by his seller-client. However, the broker failed to disclosed that a previous septic permit application, accessible in public records, was denied by the county who classified the subject property as “unsuitable” due to soil wetness and insufficient space for a septic system and repair area.
ELIZABETH ANN HORN (LEWISVILLE) – By Consent, the Commission reprimanded Horn, effective September 13, 2023. The Commission found that Horn self-reported a level 3 driving while impaired conviction that resulted in 24 months of supervised probation and the revocation of Horn’s driving privileges.
OTTO CEDENO (DURHAM) – By Consent, the Commission reprimanded Cedeno, effective September 17, 2023. The Commission found that Cedeno was the broker-in-charge of a provisional broker who acted as a buyer agent for a client purchasing a property at Topsail Beach. Under Cedeno’s supervision, the provisional broker failed to disclose to the buyer-client that the subject property was not eligible for federal flood insurance or that the subject property was in a COBRA zone.
KELLIE WADE ASHLEY (GARNER) – By Consent, the Commission suspended the broker license of Ashley for a period of 12 months, effective September 15, 2023, but shall stay the suspension after 6 months upon certain conditions. The Commission found that Ashley contracted with a buyer for the sale of a property. After the parties agreed in writing to extend the contract, and before the extension expired, Ashley entered into another contract with a different buyer and misrepresented to the second buyer that the previous contract had been completely terminated. Ashley then refused to close with the first buyer even though the buyer was ready, willing, and able to close on the property.
KELLIE WADE ASHLEY LLC (GARNER) – By Consent, the Commission suspended the firm license of Ashley for a period of 12 months, effective September 15, 2023, but shall stay the suspension after 6 months upon certain conditions. The Commission found that the firm advertised a property for sale while the property was still under contract. The firm then re-advertised the property as “active” in the MLS and allowed showings to resume. The firm then cancelled the listing for the subject property in the MLS and entered the subject property as a new listing with a new MLS# and marked the listing as “pending.”
ROBERT GAINER JERNIGAN (MARION) – By Consent, the Commission reprimanded Jernigan, effective September 17 2023. The Commission found that Jernigan, acting as the broker-in-charge of a provisional broker, failed to provide the provisional broker with adequate supervision, leading to the buyer-client purchasing a property without knowledge of an encroachment. Jernigan also failed to have written policies and procedures regarding discovering and disclosing material facts or written policies and procedures regarding new brokers.
MOUNTAIN PARTNERS LLC (MARION) – By Consent, the Commission reprimanded the firm license of Mountain Partners LLC, effective September 17 2023. The Commission found that the firm failed to have written policies and procedures regarding discovering and disclosing encroachments or written policies and procedures regarding new brokers, resulting in a buyer-client unknowingly purchasing a property with encroachment issues.