TIARA NICOLE COX (GRAHAM) – By Consent, the Commission suspended the broker license of Cox for a period of 9 months, effective November 30, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Cox commingled funds; disbursed trust money for a client which exceeded the balance for that client; applied trust money to a purpose for which it was not intended; did not maintain records sufficient to verify the accuracy of trust funds; did not keep separate ledgers for each rental property; did not keep a general journal; and did not reconcile the trust account monthly.
CREB INC (MOORESVILLE) – The Commission accepted the permanent voluntary surrender of the real estate firm license of Creb Inc, effective November 13, 2024. The Commission dismissed without prejudice allegations that Creb violated provisions of the Real Estate License Law and Commission Rules. Creb neither admitted nor denied misconduct.
HUEY REAL ESTATE (GRAHAM) – By Consent, the Commission suspended the real estate firm license of Huey Real Estate for a period of 9 months, effective November 30, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Huey Real Estate commingled funds; disbursed trust money for a client which exceeded the balance for that client; applied trust money to a purpose for which it was not intended; did not maintain records sufficient to verify the accuracy of trust funds; did not keep separate ledgers for each rental property; did not keep a general journal; and did not reconcile its trust account monthly.
LINDA J HUTAFF (PINEHURST) – By Consent, the Commission reprimanded Hutaff effective November 13, 2024. The Commission found that Hutaff received a lead for listing a vacant lot from the believed owners (“Fraudster”). Fraudster told Hutaff he knew a former client of Hutaff. Hutaff failed to obtain any proof of identification from Fraudster, such as a driver license, passport, ID card, etc. Fraudster provided Hutaff with the true owners’ names and out-of-state address, and Hutaff conducted a social media search and verified the County Tax Public Records including confirming the information on the deed of record. Thereafter, Hutaff prepared the listing for the property and emailed the listing documents to Fraudster for his electronic signature. Hutaff then listed the property on the Multiple Listing Service and placed a sale sign on the property. After the property was listed, Fraudster accepted an offer of $189,000 with a 14-day closing and signed the offer contract electronically. The executed contract was mailed to the closing attorney and Hutaff’s assistant mailed the $6,000 due diligence check to the owner’s address of record in Virginia. After closing and wiring payment for the property, it was discovered Fraudster was not the true owner.
DONELL J KEITH (ABERDEEN) – By Consent, the Commission suspended the broker license of Keith for a period of 24 months, effective September 16, 2024. The Commission then stayed the suspension in its entirety upon certain conditions. The Commission found that Keith acted as listing agent for an investor selling a residential property they had renovated. The seller disclosed to Keith that a chimney fire had caused damage, and that they had documents evidencing that an engineer had recommended a repair method, and that the damage had been repaired. Keith did not obtain or review the seller’s documents and failed to disclose the fire to potential buyers. A buyer purchased the property and discovered after closing that there had been a fire. The Commission noted that Keith has entered a settlement with the buyer that includes having a contractor complete additional repairs to the buyer’s satisfaction.
JOHNNY W MITCHELL (RALEIGH) – By Consent, the Commission suspended the broker license of Mitchell for a period of 4 years, effective September 16, 2024. The Commission then stayed the suspension following a 2-month active period upon certain conditions. The Commission found that Mitchell acted as a buyer’s agent for a buyer-client who went under contract to purchase residential property. The Multiple Listing Service (“MLS”) agent remarks noted that a road widening project could affect the property and included a North Carolina Department of Transportation (“NCDOT”) link for further information. After the initial showing, the listing agent contacted Respondent to ask whether the road project affected his client’s interest in the property. Mitchell replied to the message “a little, but not much” although Mitchell had failed to disclose the project to his client. Mitchell’s buyer-client purchased the property and subsequently learned of the road project plans which could require the NCDOT to purchase the property in the next 3-5 years. The Commission noted that Mitchell has reached a confidential settlement with the buyer-client to the client’s satisfaction.
MOUNTAIN PARTNERS LLC (HENDERSONVILLE) – By Consent, the Commission reprimanded Mountain Partners LLC effective November 13, 2024. The Commission found that in or about April 2023, an affiliated broker of Mountain Partners LLC who is also a Respondent in this case acted as the listing agent for a property. Respondents listed the property on the Multiple Listing Service (“MLS”) and classified the property’s construction type as an on-frame modular. The property later went under contract with a buyer. On or about June 13, 2023, the buyer agent provided the listing agent proof of a Housing and Urban Development (“HUD”) tag located on the property during the appraisal, a Manufactured Home Certification confirming that the property was a manufactured home, and a copy of the owner’s 2023 General Warranty Deed for the property which referenced a “Declaration of Intent to Affix Manufactured Home to Real Property,” recorded in 2011, which matched the data plate on the property. On or about June 27, 2023, Respondents modified the property’s construction classification in the MLS listing from on-frame modular to manufactured, on-frame modular. Subsequently, the buyer terminated the contract. On or about July 5, 2023, Respondents relisted the property in MLS and one public remark stated, “[t]he house has been remodeled, and there is [no] HUD number, according to county records is ON-FRAME modular.” On or about July 7, 2023, the property MLS listing was again modified to change the classification from manufactured, on-frame modular back to on-frame modular. Mountain Partners LLC failed to ensure the listing for the property was accurate in its initial listing, relisting, and modifications.
MV REALTY OF NORTH CAROLINA LLC (RALEIGH) – Following a hearing, the Commission permanently revoked the broker license of MV Realty effective July 11, 2024. The Commission found that MV Realty solicited homeowners to sign Homeowner Benefit Agreements binding the owners and their heirs to a forty-year term to list their property with MV, and barred the transfer or refinancing of their property without MV Realty’s authorization. The Commission found that MV Realty brokers failed to provide and review the Working with Real Estate Agents Disclosure with prospective sellers; made false promises, misrepresentations, and omissions to prospective sellers regarding Homeowner Benefit Agreements and listing agreements; failed to timely deliver documents and agreements to consumers, engaged in improper, fraudulent, and dishonest dealing in the offering of Homeowner Benefit Agreements; and acted in an incompetent or unworthy manner when acting as a listing agent in real estate transactions.
BRANDON C NARRON (WILSON) – The Commission accepted the voluntary surrender of the real estate broker license of Narron, effective November 13, 2024, with no right to reapply for two years. The Commission dismissed without prejudice allegations that Narron violated provisions of the Real Estate License Law and Commission Rules. Narron neither admitted nor denied misconduct.
NARRON SELLS INC. (WILSON) – The Commission accepted the voluntary surrender of the real estate firm license of Narron Sells Inc., effective November 13, 2024, with no right to reapply for two years. The Commission dismissed without prejudice allegations that Narron Sells Inc. violated provisions of the Real Estate License Law and Commission Rules. Narron Sells Inc. neither admitted nor denied misconduct.
KAYLA H ROGERS (DURHAM) – By Consent, the Commission suspended the broker license of Rogers for a period of 2 years, effective May 1, 2024. The Commission then stayed the suspension following a 6-month active period upon certain conditions. The Commission found that Rogers was the seller of a home she owned and failed to disclose potential septic and foundation issues to the listing agent or the buyer. Rogers had previously stated in a public video that the septic system had been damaged by construction trucks and blasting on a nearby lot. Following the purchase, the buyer discovered that septic system issues discussed with Rogers, through her agent, were more extensive than disclosed.
WANDA R TATE (OCEAN ISLE BEACH) – By Consent, the Commission suspended the broker license of Tate for a period of 9 months, effective November 13, 2024. The Commission found that Tate was the broker-in-charge for a vacation rental management firm. Tate failed to maintain a property ledger and could not produce a trial balance for managed properties. Tate maintained monthly owner statements that did not present a running balance of funds on the accounts. Revenue and management fees were incorrectly reported. Tate improperly collected and paid expenses from the operating account instead of the trust account.
THEODORUS C PRETORIUS (MOORESVILLE) – The Commission accepted the permanent voluntary surrender of the real estate license of Pretorius, effective November 13, 2024. The Commission dismissed without prejudice allegations that Pretorius violated provisions of the Real Estate License Law and Commission Rules. Pretorius neither admitted nor denied misconduct.
TRACEY B SMITH (SNEADS FERRY) – The Commission accepted the permanent voluntary surrender of the real estate broker license of Smith, effective November 13, 2024. The Commission dismissed without prejudice allegations that Smith violated provisions of the Real Estate License Law and Commission Rules. Smith neither admitted nor denied misconduct.