DEBRA AGOSTINELLI (MOORESVILLE) – By Consent, the Commission suspended the broker license of Agostinelli for a period of 12 months, effective July 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Agostinelli represented the buyer in the subject transaction. The subject property was recently remodeled. The sellers did not use licensed tradespeople to perform the remodel, did not obtain permits, and did not use a licensed general contractor. Agostinelli searched for permits and, finding none, inquired about the remodel with sellers’ agent, and was told no permits were required. Agostinelli failed to confirm the cost or extent of the remodel, or whether the remodel was by licensed contractors. Agostinelli also failed to provide and review Working with Real Estate Agents Disclosure at first substantial contact.
ANCHOR REAL ESTATE OF EASTERN NORTH CAROLINA (JACKSONVILLE) – By Consent, the Commission suspended the firm license for a period of 12 months, effective July 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Anchor Real Estate provided property management services to 213 properties and maintained 3 trust accounts: rental, security deposit, and vacation rental. Anchor Real Estate failed to report to the Commission that it maintains trust accounts in either the firm application or subsequent renewals. Anchor Real Estate failed to designate “trust” or “escrow” on checks or deposit slips. In each of two months, there was a shortage or an overage in both the Rental and Security Deposit accounts. The balance on the property ledgers was different from the allotted reserve amounts agreed upon in the property management agreements.
WILLIAM SHANE COLLINS (KITTY HAWK) – By Consent, the Commission suspended the broker license of Collins for a period of 12 months, effective July 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Collins represented the buyers in the subject transaction. Collins failed to disclose to his buyer-clients that the sellers of the subject property owned the vacant, waterfront lot across the street from the subject property. Collins failed to discover and disclose that the sellers intended to build a new home on the vacant lot.
JERRY THOMAS FERRELL JR. (ASHEVILLE) – By Consent, the Commission reprimanded Ferrell effective July 1, 2024. The Commission found that in a vacant land sale transaction where the seller wished to retain a 0.53-acre parcel, Ferrell was broker-in-charge for two dual agents and failed to ensure that the Working with Real Estate Agents Disclosure was properly completed, that the firm’s advertising disclosed the seller-client’s desire to retain the 0.53-acre parcel, or that the agency relationships were accurately marked in the purchase contract. In a separate transaction, Ferrell was broker-in-charge and supervised dual agents in the sale of a 2.46-acre parcel of unimproved land in a small residential subdivision. Seller gave dual agent a handwritten list of restrictions that the seller intended to run with the land. Ferrell failed to ensure dual agent included the restrictions in the listing agreement or the sales contract.
RALPH MARION HARVEY III (BOYNTON BEACH, FL) – By Consent, the Commission suspended the broker license of Harvey for a period of 1-month, effective July 1, 2024. The Commission found that Harvey listed a property for sale in Rowan County, North Carolina. In March 2023, the property went under contract with Buyer 1. Following a home inspection, Buyer 1 terminated the transaction due to issues identified in the inspection report. Harvey received a copy of the home inspection report but failed to disclose material facts identified in the home inspection report when he relisted the property. Subsequently, the property went under contract again with Buyer 2. Buyer 2 had a home inspection which revealed identical issues to those found during Buyer 1’s inspection. Buyer 2 also terminated the transaction due to the same issues.
MARTY LEON HUSKINS (ROBINSVILLE) – By Consent, the Commission reprimanded Huskins effective July 1, 2024. The Commission found that in 2020, Huskins was the listing agent for the subject property. Huskins measured the property to calculate the square footage but failed to include offsets of the second floor of the subject property which resulted in an inaccurate square footage calculation.
SETH ANDREW LANGDON (KING) – By Consent, the Commission reprimanded Langdon effective July 1, 2024. The Commission found that Langdon entered into a listing agreement with the sellers of the subject property. Following the expiration of the original listing agreement, and prior to the execution of a new listing agreement, Langdon continued to represent the sellers. Langdon did not obtain fully executed copies of the listing agreement and the Mineral, Oil, and Gas disclosure until several weeks after offer and acceptance.
LISTWITHFREEDOM.COM INC (BOYNTON BEACH, FL) – By Consent, the Commission suspended the firm license for a period of 12 months, effective July 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that In February 2023, the firm’s Broker-in-Charge listed a property for sale in Rowan County, North Carolina. In March 2023, the property went under contract with Buyer 1. Following a home inspection, Buyer 1 terminated the transaction due to issues identified in the inspection report. The Broker-in-Charge received a copy of the home inspection report but failed to disclose material facts identified in the home inspection report when he relisted the property. Subsequently, the Subject Property went under contract again with Buyer 2. Buyer 2 had a home inspection which revealed identical issues to those found during Buyer 1’s inspection. Buyer 2 also terminated the transaction due to the same issues.
DANIEL RYAN O’CONNELL (ASHEVILLE) – By Consent, the Commission suspended the broker license of O’Connell for a period of 12 months, effective July 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that O’Connell acted as dual agent for the sale of a 2.46-acre parcel of unimproved land in a small residential subdivision. Seller gave O’Connell a handwritten list of restrictions that the seller intended to run with the land. O’Connell failed to include the restrictions in the listing agreement or the sales contract, and failed to inform the closing attorney of the restrictions which prevented the restrictions from being included in the deed. In a separate transaction, O’Connell was the listing agent for the subject property, which was vacant land in which the seller wished to retain a 0.53-acre parcel. O’Connell failed to specify in the listing agreement the seller’s intent to retain the 0.53-acre parcel of land. Prior to closing, O’Connell failed to reasonably ensure the seller understood the offer submitted included the 0.53-acre parcel. The seller agreed at closing to sell the entire property and was unable to retain the 0.53-acre parcel.
OSCAR OTT (CHARLOTTE) The Commission accepted the voluntary surrender of the real estate license of Ott, effective July 1, 2024. The Commission dismissed without prejudice allegations that Ott violated provisions of the Real Estate License Law and Commission Rules. Ott neither admitted nor denied misconduct.
KELLY LYNN SALTER (JACKSONVILLE) – By Consent, the Commission suspended the broker license of Salter for a period of 12 months, effective July 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Salter was broker-in-charge and failed to complete the Trust Accounting course within 120 days of opening a trust account. Salter provided property management services to 213 properties and maintained 3 trust accounts: rental, security deposit, and vacation rental. Salter failed to report to the Commission that it maintains trust accounts in either the firm application or subsequent renewals. Salter failed to designate “trust” or “escrow” on checks or deposit slips. In two separate months, there was both a shortage and an overage in both the Rental and Security Deposit accounts. The balance on the property ledgers was different from the allotted reserve amounts agreed upon in the property management agreements.
BRYANT MICHAEL TUMBELEKIS (SANFORD) – By Consent, the Commission suspended the broker license of B. Tumbelekis for a period of 12 months, effective July 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that in October 2020, B. Tumbelekis purchased the subject property, which contained an in-ground swimming pool. In June 2022, B. Tumbelekis hired a pool company to inspect the pool for a suspected leak. The inspector located a leak and performed a repair, which was explained as a temporary but long-term solution. In October 2022, B. Tumbelekis advertised the subject property for sale and failed to disclose the swimming pool repair.
ELIZABETH NOELLE TUMBELEKIS (SANFORD) – By Consent, the Commission suspended the broker license of E. Tumbelekis for a period of 12 months, effective July 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that in October 2020, E. Tumbelekis purchased the subject property, which contained an in-ground swimming pool. In June 2022, E. Tumbelekis hired a pool company to inspect the pool for a suspected leak. The inspector located a leak and performed a repair, which was explained as a temporary but long-term solution. In October 2022, E. Tumbelekis advertised the subject property for sale and failed to disclose the swimming pool repair.
JULIA PORTER WILKIE (RALEIGH) – By Consent, the Commission suspended the broker license of Wilkie for a period of 12 months, effective July 1, 2024. The Commission found that from April 2022, through June 2023, Wilkie served as Broker-in-Charge of Tritori Realty Group, Inc. Between 2022 and 2023, several brokers under Wilkie’s supervision failed to adhere to agency requirements. Specifically, upon reviewing transactions handled by supervised brokers, it was found that these brokers routinely failed to furnish and discuss the Working with Real Estate Agents Disclosure form with clients at the time of first substantial contact.