Disciplinary Actions

WILLIAM PORTER ACETO (Boone) – By Consent, the Commission reprimanded Mr. Aceto effective June 5, 2019. The Commission found that Mr. Aceto, acting as broker-in-charge, failed to maintain the firm’s escrow accounts in compliance with Commission rules. The Commission notes that Mr. Aceto has since corrected these issues and the firm’s escrow accounts now appear to comply with these rules. Mr. Aceto, prior to entry of this Order, has also voluntarily completed the Basic Trust Account Procedures course offered by the Commission. Furthermore, no consumers were harmed by these omissions. The investigation also found that Mr. Aceto’s firm has been advertising its services under an assumed name not registered with the Commission. However, that name was timely registered with the applicable Register of Deeds and the firm has now filed the appropriate paperwork with the Commission. 

MARCIA L. BICHARD (Gastonia) – The Commission accepted the voluntary surrender of the broker license of Ms. Bichard with no right to reapply for a period of 30 months effective May 1, 2019. The Commission dismissed without prejudice allegations that Ms. Bichard violated provisions of the Real Estate License Law and Commission rules. Ms. Bichard neither admitted nor denied misconduct.

BLUE RIDGE PROFESSIONAL PROPERTY SERVICES LLC (Boone) – By Consent, the Commission reprimanded Blue Ridge Professional Property Services effective June 5, 2019. The Commission found that the firm’s escrow accounts did not comply with Commission rules. The Commission notes that Blue Ridge Professional Property Services has since corrected these issues and its escrow accounts now appear to comply with these rules. The firm’s broker-in-charge, prior to entry of this Order, has also voluntarily completed the Basic Trust Account Procedures course offered by the Commission. Furthermore, no consumers were harmed by these omissions. The investigation also found that Blue Ridge Professional Property Services has been advertising its services under an assumed name that was not registered with the Commission. However, that name was timely registered with the applicable Register of Deeds and the firm has now filed the appropriate paperwork with the Commission. 

CAPITAL TEAM MANAGEMENT INC. (Raleigh) – By Consent, the Commission suspended the firm license of Capital Team Management for a period of one year effective April 1, 2019. The Commission then stayed the suspension for a probationary period until April 1, 2020. The Commission found that the firm managed property for others in 2016 through April 2018 without a license or a broker-in-charge. The firm failed to maintain trust account and property management records in compliance with Commission rules including:  failing to perform monthly reconciliations, failing to maintain required ledgers, failing to deliver completed leases to tenants, commingling personal funds with client funds, and depositing trust funds in the firm’s operating accounts. Capital Team Management has obtained a firm license and has designated a broker-in-charge.

JUDITH A. DECKER (Beech Mountain) – The Commission accepted the permanent voluntary surrender of the broker license of Ms. Decker effective March 13, 2019. The Commission dismissed without prejudice allegations that Ms. Decker violated provisions of the Real Estate License Law and Commission rules. Ms. Decker neither admitted nor denied misconduct.

CARA MARIA DELUCA (Fayetteville) – By Consent, the Commission suspended the broker license of Ms. Deluca for a period of 12 months effective November 1, 2018. Four months of the suspension were active with the remainder stayed effective March 6, 2019. Ms. Deluca is prohibited from being a broker-in-charge and from engaging in property management for five years from this order’s effective date. The Commission found that Ms. Deluca, as qualifying broker and broker-in-charge, managed long-term rentals for owner-clients. Ms. Deluca agreed to inspect the rental properties routinely on behalf of clients but failed to do so pursuant to her contractual obligations and thus prevent or mitigate damage to the properties. More than once, Ms. Deluca failed to appear at a summary ejectment hearing on behalf of her owner-clients despite promising to do so. Ms. Deluca failed to maintain her firm’s trust accounts in compliance with Commission rules, including failing to properly reconcile the trust accounts and allowing owner accounts to have negative balances.

JEFFREY CHARLES DEWITT (Cary) – Following a hearing, the Commission permanently revoked the license of Mr. Dewitt, effective February 7, 2019. The Commission found that Mr. Dewitt failed to execute a buyer agency agreement with his client. The Commission also found that Mr. Dewitt requested his buyer-client to make two checks for the earnest money deposit payable directly to him. Mr. Dewitt converted his client’s earnest money deposit when he deposited both checks into his personal account rather than a trust account. Mr. Dewitt failed to respond to multiple Letters of Inquiry.

FOUNTAIN MANAGEMENT INC. (Jacksonville) – By Consent, the Commission reprimanded Fountain Management effective March 20, 2019. The Commission found that Fountain Management’s agency agreements did not comply with Commission rules and did not include a definite termination date, licensee number, or conspicuous non-discrimination language. An affiliated, licensed broker did not always sign agency agreements and leases. Fountain Management failed to perform three-way reconciliations and failed to maintain ledgers and journals in compliance with Commission rules.

SANDRA G FOUNTAIN (Jacksonville) – By Consent, the Commission reprimanded Ms. Fountain effective March 20, 2019. The Commission found that, as qualifying broker and broker-in-charge, Ms. Fountain’s agency agreements did not comply with Commission rules and did not include a definite termination date, licensee number, or conspicuous non-discrimination language. An affiliated, licensed broker did not always sign agency agreements and leases. Ms. Fountain’s firms failed to perform three-way reconciliations and failed to maintain ledgers and journals in compliance with Commission rules.

JAMES MICHAEL GALLAGHER III (Asheville) – By Consent, the Commission reprimanded Mr. Gallagher effective March 6, 2019. The Commission found that Mr. Gallagher, qualifying broker and broker-in-charge of a previously licensed firm, failed to maintain all records and transaction files for the firm and its affiliated brokers as required by Commission rule and did not adequately supervise a provisional broker under his supervision.

KIM S. GARDNER (Jamestown) – By Consent, the Commission suspended the broker license of Ms. Gardner for a period of three months effective April 1, 2019. The Commission then stayed the suspension effective April 1, 2019. The Commission found that Ms. Gardner, acting as qualifying broker and broker-in-charge, without a written agency agreement, listed a friend’s property for lease at the friend’s request. At the second showing of the home, Ms. Gardner accepted a $1,500 cash deposit and $60 application fee and scheduled a move-in date. Due to a disagreement regarding the number of pets allowed, a rental contract was never signed and the tenants requested a refund of the deposit. Ms. Gardner failed to deposit the cash payment into a trust or escrow account and failed to retain records sufficient to confirm disbursement of the funds to the owner.

CONTRAIN DAVIS HOLLINS (Hope Mills) – By Consent, the Commission suspended the broker license of Ms. Hollins for a period of one year effective April 1, 2019. The Commission then stayed the suspension for a probationary period until April 1, 2020. The Commission found that Ms. Hollins, in July 2017, began managing two residential properties on behalf of a landlord-client for a fee pursuant to a power of attorney. After obtaining a broker license on inactive status, Ms. Hollins continued managing the properties and deposited rent monies into her personal checking account. Ms. Hollins failed to maintain trust account records and entered into lease agreements that did not comply with the Landlord-Tenant Act. Ms. Hollins no longer manages rental properties.

TAMMY R. HOWARD (Cornelius) – By Consent, the Commission suspended the broker license of Ms. Howard for a period of 12 months effective September 1, 2018. Three months of the suspension were active with the remainder stayed for a probationary period of nine months. The Commission found that Ms. Howard, on or about March 16, 2017, was convicted of felony use or possession of counterfeit trademark goods. She was sentenced to 6-17 months imprisonment, which was suspended for 36 months of supervised probation.

LENA LORRNETTA LURENT HUTTON (Fayetteville) – By Consent, the Commission reprimanded Ms. Hutton effective April 1, 2019. The Commission found that Ms. Hutton, as broker-in-charge, did not maintain her firm’s trust account records in full compliance with Commission rules, including checks and deposit slips not labelled trust or escrow, purpose of disbursements not included on records, not all disbursements included in ledgers, and unclear journal entries. The audit found no evidence of commingling or conversion.

KAYVAN MEHRBAKHSH (Herndon, Virginia) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Mehrbakhsh effective March 13, 2019. The Commission dismissed without prejudice allegations that Mr. Mehrbakhsh violated provisions of the Real Estate License Law and Commission rules. Mr. Mehrbakhsh neither admitted nor denied misconduct.

DARLA M NICHOLS (Matthews) – By Consent, the Commission reprimanded Ms. Nichols effective April 1, 2019. The Commission found that Ms. Nichols prepared an offer to purchase and contract to sell residential property she owned to a buyer but listed herself as dual agent on the contract. Ms. Nichols failed to adequately disclose to the buyer that the subject property was impacted by three disputed judgments totaling approximately S36,000 which she was unable to pay off before closing.

OCKULY ENTERPRISES INC. (Jacksonville), By Consent, the Commission reprimanded Ockuly Enterprises effective March 20, 2019. The Commission found that Ockuly Enterprises failed to perform three-way reconciliations and failed to maintain ledgers and journals in compliance with Commission rules.

PINNACLE INN RESORT RENTALS (Beech Mountain) – The Commission accepted the permanent voluntary surrender of the firm license of Pinnacle Inn Resort Rentals effective April 18, 2019. The Commission dismissed without prejudice allegations that Pinnacle Inn Resort Rentals violated provisions of the Real Estate License Law and Commission rules. Pinnacle Inn Resort Rentals neither admitted nor denied misconduct.

ALEXANDER JOSEPH RIVERS (Raleigh) – By Consent, the Commission suspended the broker license of Mr. Rivers for a period of one year effective April 1, 2019. The Commission then stayed the suspension for a probationary period until April 1, 2020. The Commission found that Mr. Rivers managed property for others through an unlicensed entity in 2016 through April 2018 and without having a broker-in-charge. Mr. Rivers failed to maintain trust account and property management records in compliance with Commission rules including:  failing to perform monthly reconciliations, failing to maintain required ledgers, failing to deliver completed leases to tenants, commingling personal funds with client funds, and depositing trust funds in the firm’s operating accounts. Mr. Rivers has obtained a firm license and been designated as broker-in-charge.

ELIZABETH ANN STERNER (Mooresville) – By Consent, the Commission suspended the broker license of Ms. Sterner for a period of six months effective April 1, 2019. The Commission then stayed the suspension for a probationary period until October 1, 2019. The Commission found that Ms. Sterner acted as listing agent in a residential home transaction and misrepresented the square footage of a property by using the square footage reported on county tax records and a previous MLS listing. The property failed to appraise, leading the buyer to terminate the contract.

STROTHER VENTURES II INC. (Fayetteville) – By Consent, the Commission reprimanded Strother Ventures II effective April 1, 2019. The Commission found that the employees of Strother Ventures II communicated to their landlord-client that the firm was continuing to accrue charges against a tenant who had vacated the property before lease end and the firm would eventually send the accrued charges to collections. Instead, the firm staff refunded the tenant security deposit to the tenant and informed him that he did not have to continue to pay rent. An audit of Respondent Firm’s trust accounts showed that the records did not fully comply with Commission rules including checks and deposit slips not labelled trust or escrow, purpose of disbursements not included on records, not all disbursements included in ledgers, and journal entries not cleared. No evidence was found of commingling or conversion of funds.

ZIP4989 REALTY, LLC (Jamestown) – By Consent, the Commission suspended the firm license of ZIP4989 Realty for a period of three months effective December 20, 2018. The Commission then stayed the suspension for a probationary period through March 20, 2019. The Commission found that ZIP4989 Realty, without a written agency agreement, listed a property for lease. At the second showing of the home, ZIP4989 Realty accepted a $1,500 cash deposit and $60 application fee and scheduled a move-in date. Due to a disagreement regarding the number of pets allowed, a rental contract was never signed and the tenants requested a refund of the deposit. ZIP4989 Realty failed to deposit the cash payment into a trust or escrow account and failed to retain records sufficient to confirm disbursement of the funds to the owner.