DANIELLE KATHLEEN MORAN (FAYETTEVILLE) – Following a hearing, the Commission reprimanded Moran effective October 3, 2023. The Commission found that Moran, while acting as a listing agent, misrepresented the square footage of a property despite having measurements from three licensed appraisers. Moran failed to follow firm policies and procedures regarding measuring square footage.
ANTHONY NEZEL SMITH (HIGH POINT) – By Consent, the Commission suspended the broker license of Smith for a period of 12 months, effective December 15, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Smith failed to verify the accuracy of information provided by his seller-client regarding the age of the HVAC unit, resulting in Smith incorrectly representing that the HVAC was only three years old when it was actually nine years old. Smith further failed to notify the lender or closing attorney of cash paid to the buyer by Smith and listing firm outside of closing. The payment was made pursuant to an agreement between buyer’s firm, buyer’s agent, listing firm, and Smith with the approval and involvement of both Brokers-in-Charge to resolve a question regarding whether a refrigerator conveyed.
BARBARA ELIZA HART (RALEIGH) – By Consent, the Commission suspended the broker license of Hart for a period of 12 months, effective December 15, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Hart, acting as a buyer’s agent, failed to review the Working with Real Estate Agents disclosure with her client at first substantial contact. Hart advised her buyer-client that she could submit multiple simultaneous offers, which included due diligence fees. Hart advised the buyer-client that the due diligence fees would not be due for 24 hours after acceptance and would not be owed if the contract was terminated within the 24-hour period. Hart’s buyer-client submitted simultaneous offers on three properties, each including a $10,000 due diligence fee. One of the three offers was accepted but the buyer-client terminated within 24 hours. The seller requested the $10,000 due diligence fee and when it was not paid they took legal action against the buyer-client. The seller was awarded a judgment for the due diligence fee plus interest and costs totaling $10,882.57.
RENEE DIANE BRANDON (JACKSONVILLE) – By Consent, the Commission suspended the broker license of Brandon for a period of 9 months, effective November 1, 2023, but stayed the suspension after 1 month upon certain conditions. The Commission found that Brandon acted as a co-listing agent for the sale of certain property and advertised said property for sale as having a square footage in excess of that shown by a subsequent listing broker and appraiser. Brandon failed to retain calculation documents used to determine square footage.
BRITTNEY PAIGE ROSEBERRY (WRIGHTSVILLE BEACH) – By Consent, the Commission reprimanded Roseberry, effective December 5, 2023. The Commission found that Roseberry represented a buyer of a vacant lot that was advertised as “Build your dream home on one of the larger homesites in River Run Plantation…” by the listing agent. Roseberry assumed that the builder was handling the soil test as the cost for it was noted on the Closing Disclosure. However, Roseberry failed to ensure that a soil test was performed for her client prior to closing. After closing, it was discovered that a residential structure could not be built on the lot and that a previous septic permit application, accessible in public records, had been denied by the county who classified the lot as “unsuitable” due to wetness and insufficient space for a septic system and repair area. Roseberry’s client executed the Exclusive Buyer Agency Agreement and signed the Working with Real Estate Agents Disclosure two days after going under contract to purchase the subject property.
DANIELLE NICOLE GILLESPIE (WRIGHTSVILLE BEACH) – By Consent, the Commission reprimanded Gillespie, effective December 5, 2023. The Commission found that Gillespie acted as a team lead of a provisional broker who represented a buyer of a vacant lot, which was advertised as “Build your dream home on one of the larger homesites in River Run Plantation…” by the listing agent. The provisional broker assumed that the builder was handling the soil test as the cost for it was noted on the Closing Disclosure. However, the provisional broker failed to ensure that a soil test was performed for her client prior to closing. After closing, it was discovered that a residential structure could not be built on the lot and that a previous septic permit application, accessible in public records, had been denied by the county who classified the lot as “unsuitable” due to wetness and insufficient space for a septic system and repair area. The provisional broker’s client executed the Exclusive Buyer Agency Agreement and signed the Working with Real Estate Agents Disclosure two days after going under contract to purchase the subject property.
LEE THOMAS EATMON (WRIGHTSVILLE BEACH) – By Consent, the Commission reprimanded Eatmon, effective December 5, 2023. The Commission found that Eatmon acted as the broker-in-charge of a provisional broker who represented a buyer of a vacant lot, which was advertised as “Build your dream home on one of the larger homesites in River Run Plantation…” by the listing agent. The provisional broker assumed that the builder was handling the soil test as the cost for it was noted on the Closing Disclosure. However, the provisional broker failed to ensure that a soil test was performed for her client prior to closing. After closing, it was discovered that a residential structure could not be built on the lot and that a previous septic permit application, accessible in public records, had been denied by the county who classified the lot as “unsuitable” due to wetness and insufficient space for a septic system and repair area. The provisional broker’s client executed the Exclusive Buyer Agency Agreement and signed the Working with Real Estate Agents Disclosure two days after going under contract to purchase the subject property.
DAVID HERNANDEZ (CHARLOTTE) – By Consent, the Commission suspended the broker license of Hernandez for a period of 24 months, effective September 1, 2023, but stayed the suspension after 6 months upon certain conditions. The Commission found that an audit of Hernandez’s trust accounts revealed that they were not designated trust or escrow, contained incomplete deposit/withdrawal worksheets, lacked deposit tickets, ledgers failed to include all identifying information, no journal was maintained, and three-way reconciliations were not performed. At times, Hernandez disbursed owner proceeds prior to receiving rental payments from tenants causing deficit spending and transferred funds between the security deposit and rental accounts to keep them balanced.
PAUL A SETER (CONOVER) – The Commission accepted the permanent voluntary surrender of the real estate license of Seter, effective December 13, 2023. The Commission dismissed without prejudice allegations that Seter violated provisions of the Real Estate License Law and Commission Rules. Seter neither admitted nor denied misconduct.
CORY STEPHEN RUSHATZ (SANFORD) – By Consent, the Commission suspended the broker license of Rushatz for a period of 2 months, effective December 1, 2023. The Commission found that Rushatz engaged in brokerage services while his license was on active suspension.
CAROLINA UNITED REALTY LLC (CHARLOTTE) – By Consent, the Commission suspended the firm license for a period of 12 months, effective December 15, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that an audit of the firm’s trust account records found that the firm failed to perform monthly reconciliations, failed to maintain accurate journals, and failed to include all required information in property ledgers. The firm also failed to disburse earned management fees for a period in order to reimburse the account for the embezzled funds; however, this caused comingling.
GRAHAM VINCENT MOTT (DELRAY BEACH, FL) – The Commission accepted the voluntary surrender of the real estate license of Mott, effective December 1, 2023. The Commission dismissed without prejudice allegations that Mott violated provisions of the Real Estate License Law and Commission Rules. Mott neither admitted nor denied misconduct.
EVAGELIA EUSTATHIOU (RALEIGH) – The Commission accepted the permanent voluntary surrender of the real estate license of Eustathiou, effective December 13, 2023. The Commission dismissed without prejudice allegations that Eustathiou violated provisions of the Real Estate License Law and Commission Rules. Eustathiou neither admitted nor denied misconduct.
CHARLES FRANKLIN ALEXANDER III (WILMINGTON) – The Commission accepted the voluntary surrender of the real estate license of Alexander, effective December 13, 2023. The Commission dismissed without prejudice allegations that Alexander violated provisions of the Real Estate License Law and Commission Rules. Alexander neither admitted nor denied misconduct.
KENNETH RUSSELL EDWARDS JR (SOUTHERN PINES) – By Consent, the Commission suspended the broker license of Edwards for a period of 24 months, effective December 15, 2023, but stayed the suspension after 1 month upon certain conditions. The Commission found that in sixteen transactions conducted by Edwards between 2020 and 2022, the closing prices noted in the MLS by Edwards was higher than the actual closing price noted on the Closing Disclosure and tax records. On at least five occasions, properties with inflated prices were used by appraisers as comparables in determining the Fair Market Value of other properties.
EDISON REALTY LLC (GREENSBORO) – The Commission accepted the permanent voluntary surrender of the real estate firm license, effective December 13, 2023. The Commission dismissed without prejudice allegations that the firm violated provisions of the Real Estate License Law and Commission Rules. The firm neither admitted nor denied misconduct.
ALEXIS CAMILLA EDISON (GREENSBORO) – The Commission accepted the permanent voluntary surrender of the real estate license of A. Edison, effective December 13, 2023. The Commission dismissed without prejudice allegations that A. Edison violated provisions of the Real Estate License Law and Commission Rules. A. Edison neither admitted nor denied misconduct.
MAXWELL FIUME EDISON (GREENSBORO) – The Commission accepted the permanent voluntary surrender of the real estate license of M. Edison, effective December 13, 2023. The Commission dismissed without prejudice allegations that M. Edison violated provisions of the Real Estate License Law and Commission Rules. M. Edison neither admitted nor denied misconduct.
DAVID DEMETRY SAWYERS (GARNER) – By Consent, the Commission reprimanded Sawyers, effective December 12, 2023. The Commission found that Sawyers failed to disclose his convictions and discharge on his North Carolina Real Estate License Application.
RAAED ABDULZAHRA AL HADDAD (FAYETTEVILLE) – By Consent, the Commission suspended the broker license of Al Haddad for a period of 12 months, effective December 5, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Al Haddad purchased, renovated, and listed a property for sale. The first buyer terminated due to finance issues but their home inspection report revealed structural issues in the crawl space resulting from moisture and termites and Al Haddad failed to update the RPOADS and failed to disclose the structural defects to the second buyer prior to the time of offer. Al Haddad also performed structural repairs without obtaining a permit.
BEST INVESTMENT REALTY LLC (FAYETTEVILLE) – By Consent, the Commission suspended the firm license for a period of 12 months, effective December 5, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that the firm listed a property owned by broker-in-charge, Al Haddad, and failed to disclose structural defects in the crawl space that were discovered during a previous home inspection to the second buyer prior to the time of offer.
GLEN SOTO (SALISBURY) – By Consent, the Commission suspended the broker license of Soto for a period of 12 months, effective December 15, 2023. The Commission found that Soto purchased a property with the intent to renovate and resell and failed to hire a licensed general contractor for renovations exceeding $30,000. Soto misled the buyer as to the condition of the property and the status of agreed-upon repairs. Soto also failed to provide documents as requested by the Commission in accordance with Commission rules.
MARCUS & MILLCHAP REAL ESTATE INVESTMENT SERVICES OF NORTH CAROLINA INC (RALEIGH) – By Consent, the Commission suspended the firm license for a period of 12 months, effective December 15, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that the firm entered into a listing agreement for the sale of a hotel offered via an auction website. The firm failed to discover and disclose material facts prior to the start of the action, provide and review WWREA at first substantial contact, to properly supervise all brokers and unlicensed employees as required by Commission Rules, and to ensure that all individuals and entities receiving compensation for real estate brokerage activity were properly licensed.
BENJAMIN ADAM YELM (RALEIGH) – By Consent, the Commission suspended the broker license of Yelm for a period of 12 months, effective December 15, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Yelm, acting as a broker-in-charge, failed to ensure proper agency disclosure requirements were followed by affiliated brokers, properly supervise provisional brokers and unlicensed employees as required by Commission Rules, ensure that all individuals and entities receiving compensation for real estate brokerage activity were properly licensed, and timely renew his real estate license and engaged in real estate brokerage activity during a time in which his license was on inactive status.
JOCE MESSINGER (RALEIGH) – By Consent, the Commission suspended the broker license of Messinger for a period of 15 months, effective December 15, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Messinger, acting as a listing agent for the sale of a hotel offered via an auction website, failed to discover and disclose obvious defects to the subject property prior to the start of the auction.
MILIN V MEHTA (RALEIGH) – By Consent, the Commission suspended the broker license of Mehta for a period of 18 months, effective December 15, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Mehta, acting as a listing agent for the sale of a hotel offered via an auction website, failed to discover and disclose obvious defects to the subject property prior to the start of the auction and complete post-licensing leading to his license becoming inactive. During the time in which his license was inactive, Mehta engaged in brokerage activity. Mehta also failed to obtain a firm license for his real estate firm.
EXP REALTY LLC (RALEIGH) – By Consent, the Commission reprimanded the firm, effective December 5, 2023. The Commission found that the firm failed to provide specific policies or training regarding buyer agent communications with a buyer regarding the payment of due diligence fees and multiple offers.
EXP REALTY LLC (RALEIGH) – By Consent, the Commission reprimanded the firm, effective December 10, 2023. The Commission found that an affiliated broker represented a seller of property serviced by a long private driveway that separated it from the nearest road. Respondent Broker indicated on the Working with Real Estate Agents Disclosure that the firm only practiced Dual Agency and falsely advertised that a subject property had road frontage. Respondent Broker also failed to disclose that there was no written easement for the private driveway that connected the subject property to the nearest road. A buyer under contract to purchase the property discovered the lack of road frontage or written easement after paying a $1000 due diligence fee and $2800 in additional costs for a survey and other tests.
TIFFANY FAYE MADDUX (RALEIGH) – By Consent, the Commission reprimanded Maddux, effective December 15, 2023. The Commission found that a broker under Maddux’s supervision represented a seller of property serviced by a long private driveway that separated it from the nearest road. The broker indicated on the Working with Real Estate Agents Disclosure to the seller that the firm only practiced Dual Agency and falsely advertised that the subject property had road frontage. The broker also failed to disclose that there was no written easement for the private driveway. A buyer under contract to purchase the property discovered the lack of road frontage or written easement after paying a $1000 due diligence fee and $2800 in additional costs for a survey and other tests. Maddux failed to supervise her affiliated broker with regard to agency and disclosure of material facts.
DANIEL KOUMOU NETE (CHARLOTTE) – By Consent, the Commission reprimanded Nete, effective December 5, 2023. The Commission found that Nete listed a residential property for sale in which he was a co-owner. The first buyer went under contract to purchase the subject property and had a home inspection performed. The first buyer terminated the contract during the due diligence period and shared their inspection report with Nete. Nete re-listed the subject property for sale without disclosing the material issues discovered in the inspection report, without repairing those issues, and without updating the property disclosure. A second buyer went under contract and terminated after their home inspection discovered similar issues. Nete then re-listed the subject property and made all of the appropriate disclosures to the third buyer who ultimately purchased the property.
KRISTIE LEE BRENNAN (FRANKLIN) – By Consent, the Commission reprimanded Brennan, effective December 5, 2023. The Commission found that Brennan listed a residential property for sale and stated in the TV/Internet section that the property had Fiber Optics. The seller’s current internet at the time of listing was Morris Broadband, which Brennan believed had been bought by Optimum Internet. Brennan therefore stated in the Agent Remarks section of the listing that the subject property had Optimum Internet. After the due diligence period expired, but prior to closing, it was discovered that Optimum Internet was not available at the subject property and that it would cost thousands of dollars to have it connected. Brennan’s seller-client offered to refund the due diligence fee, earnest money deposit, and inspection fees back to the buyer, who declined and closed on the transaction.
RASHAUNE HOPE DE LA CRUZ (FRANKLIN) – By Consent, the Commission reprimanded De La Cruz, effective December 5, 2023. The Commission found that De La Cruz, as the broker-in-charge, listed a residential property for sale and stated in the TV/Internet section that the property had Fiber Optics. The seller’s current internet at the time of listing was Morris Broadband, which De La Cruz’s’s agent believed had been bought by Optimum Internet. De La Cruz’s’s agent therefore stated in the Agent Remarks section of the listing that the subject property had Optimum Internet. After the due diligence period expired, but prior to closing, it was discovered that Optimum Internet was not available at the subject property and that it would cost thousands of dollars to have it connected. De La Cruz’s seller-client offered to refund the due diligence fee, earnest money deposit, and inspection fees back to the buyer, who declined and closed on the transaction.
THOMAS EVAN HARRELL (FRANKLIN) By Consent, the Commission reprimanded Harrell, effective December 5, 2023. The Commission found that Harrell acted as a buyer agent in a residential purchase transaction where his buyer-client told him that having Optimum Internet was a non-negotiable item on their must-have list. Harrell submitted an offer on a property that was advertised as having Optimum Internet. Harrell relied on the listing and did not verify this information before submitting the offer or during the due diligence period. After the due diligence period expired, but prior to closing, it was discovered that Optimum Internet was not available at the subject property and that it would cost thousands of dollars to have it connected. The seller offered to refund the due diligence fee, earnest money deposit, and inspection fees back to the buyer, who declined and closed on the transaction.
WILLIAM JAMES ACORD (CHARLOTTE) – By Consent, the Commission suspended the broker license of W. Acord for a period of 12 months, effective December 15, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that W. Acord discovered that an employee embezzled funds from the trust account so he terminated her, filed a police report, and notified the Commission. An audit of the firm’s trust account records found that W. Acord failed to perform monthly reconciliations, failed to maintain accurate journals, and failed to include all required information in property ledgers. W. Acord also failed to disburse earned management fees for a period of time in order to reimburse the account for the embezzled funds; however, this caused comingling.
KIMBERLY SUZANNE ACORD (CHARLOTTE) – By Consent, the Commission suspended the broker license of K. Acord for a period of 12 months, effective December 15, 2023. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that K. Acord, acting as part-owner and accountant for Carolina United Realty LLC, discovered that an employee embezzled funds from the trust account so she terminated her, filed a police report, and notified the Commission. An audit of the firm’s trust account records found that no monthly reconciliations were performed, no accurate journals were maintained, and not all required information was recorded in the property ledgers. K. Acord also failed to disburse earned management fees for a period of time in order to reimburse the account for the embezzled funds; however, this caused comingling.