ANDY ALBRIGHT PROPERTIES LLC (GRAHAM) – The Commission accepted the voluntary surrender of the real estate firm license, effective May 22, 2024. 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.
PHILIP D BLACK (CHARLOTTE) – By Consent, the Commission reprimanded Black, effective May 1, 2024. The Commission found that Black, the broker-in-charge, self-reported an audit revealed that, in some cases, the firm had unknowingly paid commissions to unlicensed entities in connection with sales transactions. The internal audit found 205 unlicensed entities did not meet the requirements to receive compensation for brokerage services. Subsequent investigation by the Commission’s auditor revealed that the actual number of firms that had been established by affiliated brokers to receive compensation but were not licensed was 170.
DANIEL CALLAHAN (CHARLOTTE) – By Consent, the Commission suspended the broker license of Callahan for a period of 9 months, effective May 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Callahan listed a property he had purchased from a seller who had provided an inspection report. Respondent advertised that the inspection report would be made available to a buyer only after submission of an offer to purchase. Respondent failed to provide the report or otherwise disclose the material facts from the inspection report until after he had accepted the offer.
COASTAL ASSOCIATES REALTY LLC (KITTY HAWK) – By Consent, the Commission reprimanded the firm, effective May 1, 2024. The Commission found that the firm listed the subject property for sale. The subject property was located across from a coastal waterway. The firm advertised the subject property in the MLS as “Boasting Sound Views and Stunning Sunsets” and “Top level…perfect for an office with water view…” The firm’s affiliated broker who acted as the listing agent knew but failed to disclose in writing that the sellers owned the waterfront lot located across from the subject property and planned to build a house on the waterfront lot. Buyer’s Agent was aware the sellers owned the waterfront lot.
DAVID CHRISTOPHER DAWE (SALISBURY) – By Consent, the Commission suspended the broker license of Dawe for a period of 12 months, effective May 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Dawe failed to adequately supervise an affiliated provisional broker and ensure that an affiliated provisional broker timely completed all required postlicensing. The provisional broker was placed on inactive status for failure to complete postlicensing and continued to engage in real estate brokerage activity.
EXP REALTY LLC (CHARLOTTE) – By Consent, the Commission reprimanded the firm, effective May 1, 2024. The Commission found that an audit performed by the firm revealed that, in some cases, the firm had unknowingly paid commissions to unlicensed entities in connection with sales transactions. The internal audit found 205 unlicensed entities did not meet the requirements to receive compensation for brokerage services. Subsequent investigation by the Commission’s auditor revealed that the actual number of firms that had been established by affiliated brokers to receive compensation but were not licensed was 170.
EXP REALTY LLC (CHARLOTTE) – By Consent, the Commission reprimanded the firm, effective May 22, 2024. The Commission found that the firm failed to ensure that the firm’s advertising disclosed the seller-client’s desire to keep a 0.53 acre parcel. In a separate transaction, the broker-in-charge of the firm listed for sale in or around Asheville, North Carolina a 2.46 acre parcel of unimproved land in a small residential subdivision. The firm failed to ensure a dual agent included certain restrictions in the listing agreement or the purchase contract.
MAURICE D FUTRELL (WILMINGTON) – By Consent, the Commission suspended the broker license of Futrell for a period of 3 years, effective May 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Futrell, following a guilty plea, was convicted of Class I Felony Possession of Cocaine stemming from a May 2021 arrest. Pursuant to the conviction, Futrell was sentenced to 6 to 17 months, suspended, was placed on 24 months supervised probation, and was ordered to participate in a drug awareness/prevention program and pay costs. Futrell reported his criminal conviction 11 days after the 60-day reporting requirement.
DAWN M GILLIAM (ROCK HILL, SC) – By Consent, the Commission reprimanded Gilliam, effective May 22, 2024. The Commission found that Gilliam represented buyers who submitted an offer for the subject property. The offer was pending acceptance when Gilliam arranged a one-hour showing for her clients. After the designated showing time lapsed, Gilliam and her clients remained in the subject property, preventing another broker and her buyer-clients from accessing and viewing the property during their scheduled time. Gilliam informed the other broker that her clients had entered into a verbal contract regarding the subject property.
GOOD HIKE REALTY LLC (ASHEVILLE) – By Consent, the Commission suspended the firm license for a period of 12 months, effective May 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that the firm listed a property for sale and the firm’s broker-in-charge relied on the square footage contained in a prior listing for the subject property and incorrectly advertised the square footage in the MLS. The firm’s broker-in-charge failed to discover and disclose that the sellers did not obtain a permit for a newly installed hot tub and deck, for which a permit was required.
WHITNEY O HAWKINS (KITTY HAWK) – By Consent, the Commission suspended the broker license of Hawkins for a period of 12 months, effective May 1, 2024. The Commission then stayed the suspension following a 1-month active period upon certain conditions. The Commission found that Hawkins was the listing agent for the subject property, which was located across from a coastal waterway. Hawkins advertised the subject property in the MLS as “Boasting Sound Views and Stunning Sunsets” and “Top level…perfect for an office with water view…” Hawkins failed to disclose in writing that the sellers owned the waterfront lot located across from the subject property and planned to build a house on the waterfront lot. Buyer’s Agent was aware the sellers owned the waterfront lot.
RALPH W HAWKINS JR (KITTY HAWK) – By Consent, the Commission suspended the broker license of Hawkins for a period of 12 months, effective May 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Hawkins was the co-listing agent for the subject property, which was located across from a coastal waterway. Hawkins advertised the subject property in the MLS as “Boasting Sound Views and Stunning Sunsets” and “Top level…perfect for an office with water view…” Hawkins failed to disclose in writing that the sellers owned the waterfront lot located across from the subject property and planned to build a house on the waterfront lot. Buyer’s Agent was aware the sellers owned the waterfront lot.
DEBRA ANN HOLLOMAN (DENVER) – By Consent, the Commission suspended the broker license of Holloman for a period of 12 months, effective May 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Holloman listed two “to be built” homes on two vacant lots and failed to enter into a listing agreement with the seller of the vacant lots prior to the listing. After a buyer entered into a contract with the builder for the new construction home, Holloman prepared an offer to purchase one of the vacant lots on behalf of the builder. Holloman failed to obtain and remit the due diligence fee or earnest money deposit. The builder did not close on the vacant lot and has not returned the buyer’s deposit.
MICHELLE ARELIS IBARRA (SALISBURY) – By Consent, the Commission suspended the broker license of Ibarra for a period of 12 months, effective May 1, 2024. The Commission then stayed the suspension following a 1-month active period upon certain conditions. The Commission found that Ibarra, while on provisional broker status, failed to complete postlicensing education within 18 months of licensure and was placed on inactive status. Ibarra engaged in real estate activity while on inactive status, including scheduling appointments, attending inspections, communicating about closing information, scheduling the final walk-through, and attending closing.
AMANDA M. JORDAN (GREENSBORO) – Following a hearing, the Commission revoked the broker license of Jordan for five years, effective April 11, 2024. The Commission found that Jordan represented the buyer in the subject transaction. Jordan repeatedly engaged in unprofessional conduct, including the use of profane and derogatory language, during the course of the subject transaction, which contributed to her buyer-client terminating the contract and ceasing a working relationship with Jordan. Jordan inappropriately provided legal advice to her buyer-client, failed to provide and review WWREA at first substantial contact, and failed to respond to a Letter of Inquiry from the Commission within 14 days.
TAMMY ROHRER (GRAHAM) – The Commission accepted the voluntary surrender of the real estate license of Rohrer, effective May 22, 2024. The Commission dismissed without prejudice allegations that Rohrer violated provisions of the Real Estate License Law and Commission Rules. Rohrer neither admitted nor denied misconduct.
RYAN PATRICK ROSS (ASHEVILLE) – By Consent, the Commission suspended the broker license of Ross for a period of 12 months, effective May 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Ross was the listing agent for the subject property. Ross relied on the square footage contained in a prior listing for the subject property and incorrectly advertised the square footage in the MLS. Ross failed to discover and disclose that the sellers did not obtain a permit for a newly installed hot tub and deck, for which a permit was required.
KATERYNA RUSH (KITTY HAWK) – By Consent, the Commission reprimanded Rush, effective May 1, 2024. The Commission found that Rush was the broker-in-charge of a firm at the time of closing of the subject property for which an affiliated broker was the listing agent. The subject property was located across from a coastal waterway. The firm advertised the subject property in the MLS as “Boasting Sound Views and Stunning Sunsets” and “Top level…perfect for an office with water view…” Rush failed to disclose in writing that the sellers owned the waterfront lot located across from the subject property planned to build a house on the waterfront lot. Buyer’s Agent was aware the sellers owned the waterfront lot.
THE PATHWAY GROUP LLC (SALISBURY) – By Consent, the Commission suspended the firm license for a period of 12 months, effective May 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that the firm failed to adequately supervise an affiliated provisional broker. The firm failed to ensure that an affiliated provisional broker timely completed all required postlicensing. The provisional broker was placed on inactive status for failure to complete postlicensing and continued to engage in real estate brokerage activity.
TOY K WARDEN (KITTY HAWK) – By Consent, the Commission reprimanded Warden, effective May 1, 2024. The Commission found that Warden was the broker-in-charge of a firm at the time an affiliated broker listed the subject property for sale. The subject property was located across from a coastal waterway. The firm advertised the subject property in the MLS as “Boasting Sound Views and Stunning Sunsets” and “Top level…perfect for an office with water view…” Warden failed to disclose in writing that the sellers owned the waterfront lot located across from the subject property and planned to build a house on the waterfront lot. Buyer’s Agent was aware the sellers owned the waterfront lot.