360 REAL ESTATE LLC (SPRING LAKE) – By Consent, the Commission suspended the firm license for a period of 24 months, effective March 1, 2024. The Commission then stayed the suspension following a 6-month active period upon certain conditions. The Commission found that the Firm provided property management services and maintained a security deposit trust account and a rental trust account. An audit of these accounts revealed a number of deficiencies, including negative balances for properties no longer managed by the Firm, deficit spending, comingling of funds, failure to perform monthly reconciliations, failure to note all identifications on ledgers and deposit tickets and a shortage in both the security deposit and rental accounts.
NICOLE LOUISE BURGER (SPRING LAKE) – By Consent, the Commission suspended the broker license of Burger for a period of 24 months, effective March 1, 2024. The Commission then stayed the suspension following a 6-month active period upon certain conditions. An audit of Burger’s property management trust account(s) revealed a number of deficiencies, including negative balances for properties no longer managed by Burger, deficit spending, comingling of funds, failure to perform monthly reconciliations, failure to note all identifications on ledgers and deposit tickets and a shortage in both the security deposit and rental accounts.
DANIEL JAMES DEMERS (HIGH POINT) – By Consent, the Commission suspended the broker license of Demers for a period of 12 months, effective May 1, 2024. The Commission then stayed the suspension following a 3-month active period upon certain conditions. The Commission found that Demers served as the listing agent in the subject transaction. Demers advertised the subject property for sale and included a square footage measurement in the advertisement. Demers failed to measure the subject property and instead relied upon the square footage measurement listed on the tax card to advertise the subject property.
NINA MARIE DESJEAN (KNOXVILLE, TN) – The Commission accepted the voluntary surrender of the real estate license of Desjean, effective August 14, 2024. The Commission dismissed without prejudice allegations that Desjean violated provisions of the Real Estate License Law and Commission Rules. Desjean neither admitted nor denied misconduct.
LAKE WYLIE MARKET CENTER LLC (CHARLOTTE) – By Consent, the Commission suspended the firm license for a period of 3 months, effective August 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that in 2022, a broker affiliated with the Firm acted as a listing agent and advertised a property as “remodeled top to bottom” but failed to discover and disclose material facts related the property and remodel. The Firm has instituted additional broker education and policies regarding advertising, renovations, and permitting.
JAMIE L MCDEVITT (PINEHURST) – By Consent, the Commission suspended the broker license of McDevitt for a period of 2 years, effective August 15, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that in 2022, McDevitt acted as buyer agent for an out-of-state buyer and drafted legal terms to create an escalation clause as part of an Offer to Purchase and Contract. McDevitt participated in disclosing the terms of a competing offer to their buyer-client without the competing offeror’s express consent.
MCDEVITT TOWN & COUNTRY PROPERTIES (PINEHURST) – By Consent, the Commission suspended the firm license for a period of 2 years, effective August 15, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that in 2022, the Firm acted as buyer agent for an out-of-state buyer. The individual broker acting as buyer agent drafted legal terms to create an escalation clause as part of an Offer to Purchase and Contract and participated in disclosing the terms of a competing offer to their buyer-client without the competing offeror’s express consent.
DAVID PRIESTLEY (GREENSBORO) – The Commission accepted the voluntary surrender of the real estate license of Priestley, effective August 1, 2024. The Commission dismissed without prejudice allegations that Priestley violated provisions of the Real Estate License Law and Commission Rules. Priestley neither admitted nor denied misconduct.
JACQUELYN A TINGEN (BENSON) – By Consent, the Commission reprimanded Tingen effective August 31, 2024. The Commission found that Tingen represented the buyer of the subject property and failed to independently confirm the acreage of the subject property prior to her client’s purchase.
JOHN M SYLVIA (CHARLOTTE) – By Consent, the Commission suspended the broker license of Sylvia for a period of 3 months, effective August 1, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that in 2022, a broker affiliated with Sylvia acted as a listing agent and advertised a property as “remodeled top to bottom” but failed to discover and disclose material facts related to the property and remodel. The Commission noted that Sylvia has instituted additional broker education and policies regarding advertising, renovations, and permitting.
JOANN M WAINIO (WILMINGTON) – By Consent, the Commission reprimanded Wainio effective August 1, 2024. The Commission found that Wainio acted as a listing agent in a subject transaction and misrepresented in an advertisement that the subject property was built in 1990. The sellers disclosed on the RPOADS that the subject property was built in 1980. Buyers went under contract and discovered the HUD manufacturing data plate which stated the subject property was built in 1977.
SELL YOUR HOME SERVICES LLC (HIGH POINT) – By Consent, the Commission suspended the firm license for a period of 12 months, effective May 1, 2024. The Commission then stayed the suspension following a 3-month active period upon certain conditions. The Commission found that Sell Your Home Services LLC served as the listing firm in the subject transaction. The Firm advertised the subject property for sale and included a square footage measurement in the advertisement. The Firm failed to measure the subject property and instead relied upon the square footage measurement listed on the tax card to advertise the subject property.
WOODS & WATER REALTY LLC (KNOXVILLE) – The Commission accepted the voluntary surrender of the real estate firm license, effective August 14, 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.