AMERICAN DREAM REAL ESTATE (Jacksonville ) – By Consent, the Commission revoked the firm license of American Dream Real Estate effective December 15, 2003 . The Commission found that American Dream Real Estate’s president, principal broker and broker-in-charge, while acting as an agent in a real estate transaction, misappropriated for her own usea $10,000 earnest money deposit.
MICHAEL R. ARMSTRONG (Fayetteville ) – By Consent, the Commission reprimanded Mr. Armstrong effective November 18, 2003 . The Commission found that Mr. Armstrong failed to disclose three misdemeanor offenses on his 2002 salesperson application. The Commission noted that Mr. Armstrong did disclose the offenses on his 2003 broker application.
WILLIAM R. BARKER (Denver ) – By Consent, the Commission reprimanded Mr. Barker effective December 1, 2003 . The Commission found that Mr. Barker failed to disclose a DWI conviction on his 1992 salesperson license application and, on his 2002 broker license application, failed to disclose a misdemeanor criminal conviction previously reported on his earlier salesperson application.
GLATHA E. BUCHANAN (Dillsboro) – By Consent, the Commission suspended the broker license of Ms. Buchanan for a period of one year effective October 1, 2003 . The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Buchanan failed to bring the firm’s trust account books and records into compliance with the Real Estate License Law and Commission rules after a former broker-in-charge failed to properly account for the funds of others and maintain the firm’s records. The Commission noted that Ms. Buchanan obtained the necessary software and training to bring the firm’s books and records into compliance.
RUDENA E. BULLARD (Carolina Beach ) – By Consent, the Commission suspended the salesperson license of Ms. Bullard for a period of one year effective December 15, 2003 . Three months of the suspension are to be active with the remainder stayed for a probationary period of two years. The Commission found that Ms. Bullard failed to disclose on her 1996 salesperson license application a 1984 DWI conviction and an additional DWI charge pending at the time of which she was later convicted. The Commission also found that Ms. Bullard failed to disclose subsequent to licensing a conviction for operating a motor vehicle without a license, driving while her license had been revoked and two additional DWI charges.
DAVID W. BULLOCK (Raleigh ) – By Consent, the Commission reprimanded Mr. Bullock effective January 15, 2004 . The Commission found that Mr. Bullock failed to disclose a 1989 conviction for driving while impaired on his 2001 salesperson license application.
CHERRIE BYNUM (Raleigh ) – By Consent, the Commission suspended the broker license of Ms. Bynum for a period of ninety days effective June 18, 2003 . The Commission then stayed the suspension for a probationary period of eighteen months. The Commission found that Ms. Bynum, while employed as broker-in-charge of a real estate brokerage firm and, without its knowledge and consent, joined a competing firm and conducted the business of the competing firm from the office with which she was originally affiliated.
RASHEED D. W. CHABWERA (Warrenton) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Chabwera effective October 1, 2003 . The Commission dismissed without prejudice allegations that Mr. Chabwera had violated provisions of the Real Estate License Law and Commission rules. Mr. Chabwera neither admitted nor denied misconduct.
DEBORAH L. COARSEY (Murphy) – The Commission accepted the voluntary surrender of the salesperson license of Ms. Coarsey for a period of three years effective January 1, 2004 . The Commission dismissed without prejudice allegations that Ms. Coarsey had violated provisions of the Real Estate License Law. Ms. Coarsey neither admitted nor denied misconduct.
DWANNA B. DOLESH (Kernersville) – By Consent, the Commission suspended the broker license of Ms. Dolesh for a period of 90 days effective January 1, 2004 . The Commission found that Ms.Dolesh, as a broker, represented a purchaser in a real estate transaction without entering into a written agency agreement and failed to review the content of the Commission’s Working with Real Estate Agents brochure with the purchaser and to disclose to the seller and listing agent in writing her role as the buyer’s agent. The Commission also found that Ms. Dolesh failed to fulfill the promise of a purchase of a refrigerator for the buyer as part of the transaction.
PHYLLIS H. DUNFORD (Raleigh ) – By Consent, the Commission revoked the broker license of Ms. Dunford effective January 1, 2004 . The Commission agreed to reinstate her salesperson license on certain conditions. The Commission found that Ms. Dunford, acting in a transaction as a buyer’s agent, failed to submit to her broker for deposit in a trust account a buyers’ check with a blank payee for an appraisal and instead delivered the check to the mortgage broker. The Commission also found that Ms. Dunford failed to disclose to the buyers’ lender that the property’s actual purchase price was lower than the price stated on the contract to purchase and, in order to enable the buyers to obtain a larger, more favorable loan, that a second mortgage from the sellers was a “dummy” mortgage to be cancelled after closing.
FIRST CHOICE OF JACKSON LLC (Dillsboro) – By Consent, the Commission suspended the firm license of First Choice for a period of one year effective October 1, 2003 . The Commission then stayed the suspension for a probationary period of one year. The Commission found that First Choice failed to properly account for the funds of others and to maintain its trust account records in compliance with the Real Estate License Law and Commission rules. The Commission noted that First Choice obtained the necessary software and training to bring the firm’s books and records into compliance.
JAMES N. FITTS (Blue Ridge , Georgia ) – By Consent, the Commission reprimanded Mr. Fitts effective November 25, 2003 . The Commission found that Mr. Fitts failed to report on his 2003 salesperson application a reprimand by the Georgia Real Estate Commission or that there were disciplinary charges pending for representing a broker other than the one with whom he was affiliated, and related charges.
FORECLOSURE REAL ESTATE & INVESTMENTS, LLC (Henderson) – The Commission accepted the permanent voluntary surrender of the firm license of Foreclosure Real Estate & Investments effective October 1, 2003 . The Commission dismissed without prejudice allegations that Foreclosure Real Estate & Investments had violated provisions of the Real Estate License Law and Commission rules. Foreclosure Real Estate & Investments neither admitted nor denied misconduct.
ROBERT G. GAINES (Winston-Salem ) – By Consent, the Commission suspended the broker license of Mr. Gaines for a period of one year effective January 15, 2004 . The Commission then stayed the suspension for a probationary period of two years. The Commission found that Mr. Gaines, while licensed as a real estate salesperson, engaged in two real estate transactions while on inactive status and without the supervision of a broker. The Commission also found that Mr. Gaines advanced funds to a client at closing without having these funds disclosed on the settlement statement.
ERNESTINE G. GOSSETT (Bolivia ) – By Consent, the Commission suspended the broker license of Ms. Gossett for a period of two years effective December 1, 2002 . One month of the suspension is to be active with the remainder stayed for a probationary period of one year. The Commission found that Ms. Gossett, as broker-in-charge of a property management firm, failed to produce records of client funds that were to have been held in trust by her.
NANCY L. HENLINE (Hickory ) – By Consent, the Commission revoked the broker license of Ms. Henline effective March 1, 2004 . The Commission then issued a salesperson license to Ms. Henline. The Commission found that Ms. Henline, while a real estate salesperson, owned and controlled her own firm from July 1998 to August 2000 and acted without the effective supervision of a broker-in-charge.
ROBERT D. HOLLEMAN, JR. (Durham ) – By Consent, the Commission reprimanded Mr. Holleman effective December 1, 2003 . The Commission found that Mr. Holleman, while principal broker and/or broker-in-charge of a real estate firm, did not maintain an office at the firm and held a full-time position elsewhere. The Commission also found that Mr. Holleman allowed a salesperson to maintain full control over the trust account, failed to review and maintain the records, failed to reconcile the trust account at all, and was unable to produce the records for inspection.
LINDA E. IVAN (Asheville ) – The Commission revoked the broker license of Ms. Ivan effective February 15, 2004 . The Commission found that Ms. Ivan misrepresented and concealed a material fact in a contract she entered for the purchase of a time share, refused to make timely and complete responses to formal inquiries from the Commission and committed unworthy and incompetent acts in the transaction by entering into a contract she did not intend to honor.
VERNON B. JACKSON (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Jackson for a period of one year effective December 1, 2003 . The Commission then stayed the suspension effective January 1, 2004 . The Commission found that Mr. Jackson pleaded guilty in August 2002 to one count of failure to pay state income taxes. The Commission noted that Mr. Jackson has now paid in full the income taxes owed.
KENNETH A. JOHNSON (Hampstead) – By Consent, the Commission reprimanded Mr. Johnson effective January 15, 2004 . The Commission found that Mr. Johnson, as broker-in-charge of a real estate firm, failed to review trust account records or the acts of a salesperson under his supervision. Mr. Johnson allowed the salesperson to manage the account. As a result, funds were embezzled from the trust account and the salesperson engaged in acts for which a license was required while the license was expired or inactive. The Commission noted that Mr. Johnson cooperated with the Commission investigation and funded the trust account shortage so that all customers were paid in full.
RHONDA G. KING (Jackson ) – By Consent, the Commission suspended the salesperson license of Ms. King for a period of six months effective October 9, 2003 . Ninety days of the suspension are to be active with the remainder stayed for a probationary period of one year. The Commission found that Ms. King failed to disclose in her 1998 application for a salesperson license that she had been convicted of a misdemeanor. The Commission noted that Ms. King allowed the salesperson license to expire in 2002, but did disclose the conviction in her 2003 application for reinstatement.
TROY A. LEGGE (Charlotte) – By Consent, the Commission suspended the salesperson license of Mr. Legge for a period of six months effective January 1, 2004 . The Commission then stayed the suspension for a probationary period of six months. The Commission found that Mr. Legge failed to report on his 2001 salesperson license application three 1988 and 1989 criminal convictions that occurred when he was a college freshman. The Commission noted that Mr. Legge did report the convictions on his 2003 broker license application.
MARGARET W. LOWMAN (Hickory ) – By Consent, the Commission reprimanded Ms. Lowman effective January 15, 2004 . The Commission found that Ms. Lowman after ceasing to act as principal broker of a real estate firm, failed to notify the Commission of her change in status as required by Commission rules.
ROBBIE G. MCCOY (Franklin ) – By Consent, the Commission reprimanded Ms. McCoy effective January 21, 2004 . The Commission found that Ms. McCoy acted as a buyer agent without first obtaining the written agreement required by Commission rule. Ms. McCoy neither admitted nor denied but did not contest the Commission finding.
THOMAS ROBIN TODD MCINTOSH (Durham ) – By Consent, the Commission revoked the broker license of Mr. McIntosh effective January 14, 2003 . The Commission found that Mr. McIntosh accepted a $10,000 earnest money deposit relating to a real estate transaction and deposited the money into his trust account but subsequently converted the money to his own use. The Commission also found that Mr. McIntosh failed to produce records concerning this transaction to the Commission’s authorized representative upon request or thereafter. Mr. McIntosh neither admitted nor denied the findings of the Commission, but did not contest the revocation of his license based upon them.
RICKARD B. MERCER (Kitty Hawk ) – By Consent, the Commission suspended the broker license of Mr. Mercer for a period of one year effective January 25, 2004 . The Commission found that Mr. Mercer failed to disclose on his 1995 broker license application pending criminal charges against him for carrying a concealed weapon and driving while intoxicated, with the former charge subsequently being dismissed and the latter resulting in a conviction, which Mr. Mercer failed to disclose as required by Commission rules. The Commission also found that Mr. Mercer failed to disclose a 1999 conviction of driving while impaired and that he failed to disclose all of his criminal convictions and a pending charge of driving while impaired on his firm license application. The Commission noted that the pending DWI charge was subsequently dismissed.
HOMER L. MONK (Raleigh ) – By Consent, the Commission reprimanded Mr. Monk effective November 18, 2003 . The Commission found that Mr. Monk, while acting as an agent of a seller in a commercial transaction, failed to provide the parties the required agency disclosure under Commission rules. The Commission also found that as a consequence, the buyers failed to understand who represented them and were able to have the transaction set aside. The Commission noted that Mr. Monk cooperated with the Commission’s investigation of this matter.
JAMES A. MOORE, JR. (Pfafftown) – By Consent, the Commission reprimanded Mr. Moore effective November 25, 2003 . The Commission found that Mr. Moore failed to disclose a 1989 DWI conviction on his 1993 salesperson and 1999 broker license applications.
JOAN W. MOORE (Conover) – The Commission revoked the broker license of Ms. Moore effective October 15, 2003 . The Commission foundthat Ms. Moore failed to disclose to a financial institution in a loan application the true value of sales contracts for town homes she was to build, misrepresented to buyers the cause for delays in construction and falsely promised to re-pay a buyer. The Commission also found that Ms. Moore was disciplined by the Contractor’s Board for engaging in general contracting in excess of her license, and that she made false, misleading and evasive statements in response to Commission inquiries concerning complaints.
MORRIS & RAPER REALTORS, INC. (Atlanta , Georgia ) – By Consent, the Commission suspended the firm license of Morris & Raper for a period of one year effective November 1, 2003 . The Commission then stayed the suspension for a probationary period of one year. The Commission found that Morris & Raper, after acquiring a North Carolina firm license, accepted compensation for real property transactions negotiated in North Carolina that it had brokered prior to obtaining the necessary firm license.
JESSE R. ODOM (Huntersville) – By Consent, the Commission revoked the broker license of Mr. Odom effective October 31, 2003 . The Commission found that Mr. Odom made false statements in his 1992 salesperson license application, 2002 broker license application and 2003 firm license application in order to conceal criminal convictions and pending charges from the Commission. The Commission also found that Mr. Odom, on three separate occasions between 1998 and 2002, failed to report criminal convictions as required by Commission rule.
THERESA S. PARKER (Jacksonville ) – By Consent, the Commission revoked the broker license of Ms. Parker effective December 15, 2003 . The Commission found that Ms. Parker, as president, principal broker and broker-in-charge of a real estate firm, misappropriated for her own use a $10,000 earnest money deposit given to her in connection with a real estate transaction for which she acted as agent.
WHITNEY J. PORTER (Durham ) – By Consent, the Commission reprimanded Mr. Porter effective March 1, 2004 . The Commission found that Mr. Porter failed to supervise a salesperson associated with his sole proprietorship in that he did not require the salesperson to verify the ownership of properties before listing them in the MLS nor did he require written listing agreements for the properties. The Commission also found that Mr. Porter refused to provide transaction records to the Commission upon its request.
TORRANCE J. PORTER (Durham ) – By Consent, the Commission reprimanded Mr. Porter effective March 1, 2004 . The Commission found that Mr. Porter, a salesperson, listed several properties in the MLS for a particular person or firm that he knew or should have known was not the owner. The Commission also found that Mr. Porter did not have written listing agreements for the properties or permission from the owners to advertise them for sale. The Commission also found that Mr. Porter, while originally uncooperative, has since fully cooperated with the Commission’s investigation in this matter.
BILLY R. RAMSEY (Marshall ) – By Consent, the Commission suspended the salesperson license of Mr. Ramsey for a period of one year effective December 1, 2003 . Three months of the suspension are to be active with the remainder stayed for a probationary term of two years. The Commission found that Mr. Ramsey failed to disclose on his 1995 North Carolina salesperson license application a 1990 disciplinary action by the Florida Board of Auctioneers. The Commission noted that Mr. Ramsey has had no complaints against him since he was granted the salesperson license in 1995.
CHRIS E. SAIEED (Farmville) – By Consent, the Commission suspended the salesperson license of Mr. Saieed for a period of two years effective November 1, 2003 . Six months of the suspension are to be active with the remainder stayed for a probationary period of three years under certain conditions. The Commission found that Mr. Saieed failed to disclose a 1995 criminal conviction on his application for a salesperson license in 2001. The Commission noted that Mr. Saieed did disclose the conviction on his 2002 application for a broker license.
MARGIE C. SCOTT (Greensboro ) – By Consent, the Commission revoked the broker license of Ms. Scott effective February 1, 2004 . The Commission agreed to grant Ms. Scott’s application for a salesperson license between February and June 2005. The Commission found that Ms. Scott, as broker-in-charge of a real estate firm, failed to properly maintain the firm’s trust accounts and records and failed to properly supervise a salesperson associated with the firm.
JOHN J. STACHURA (Alpharetta , Georgia ) – By Consent, the Commission reprimanded Mr. Stachura effective November 1, 2003 . The Commission found that Mr. Stachura, as broker-in-charge of the North Carolina office of a licensed real estate firm, allowed the firm, after it obtained its license, to collect compensation for brokerage acts performed by the firm and its agents in North Carolina before the firm license was obtained.
CRAYMON STRICKLAND, JR. (Lumberton ) – By Consent, the Commission suspended the broker license of Mr. Strickland for a period of six months effective January 15, 2004 . The Commission then stayed the suspension for a probationary period of six months. The Commission found that Mr. Strickland falsely represented on his 2000 application for a salesperson license that he had not been convicted of any crime when he had been convicted of misdemeanor larceny in 1989. The Commission noted that Mr. Strickland did report the conviction on his 2003 broker license application.
DALE E. TERRY (Winston-Salem ) – By Consent, the Commission reprimanded Mr. Terry effective November 25, 2003 . The Commission found that Mr. Terry falsely stated on his salesperson and broker applications that he had not been convicted of a criminal offense, when in fact he had been convicted of a DWI in 1992.
YUSUF THOMAS (Durham ) – By Consent, the Commission revoked the broker license of Mr. Thomas effective December 10, 2003 .The Commission found that Mr. Thomas retained a $500 earnest money deposit received from a buyer and replaced it with a personal check, made payable to the listing agent, that was returned for insufficient funds.
LINDA L. TWIST (Hayesville) – By Consent, the Commission reprimanded Ms. Twist effective December 1, 2002 . The Commission found that Ms. Twist failed to procure an accurate and thorough contract executed by both seller and buyer to purchase property she had listed and, when the agreement failed, released a disputed earnest money deposit to the buyer without the seller’s authorization.
ROSA L. WHITE (Atlanta ) – By Consent, the Commission reprimanded Ms. White effective November 18, 2003 . The Commission found that Ms. White failed to disclose a DWI conviction on her 2002 salesperson application. The Commission noted that Ms. White did disclose the conviction on her 2003 broker application.
NICHOLAS M. WILSON (Holly Springs ) – By Consent, the Commission reprimanded Mr. Wilson effective November 18, 2003 . The Commission found that Mr. Wilson represented the siding on a house he listed for sale as Hardiplank as advised by the owners of the property and without independent verification by a licensed home inspector or other professional, when in fact the siding was determined later to be Omniplank.
ANNETTE B. WINSTEAD (Raleigh ) – By Consent, the Commission suspended the salesperson license of Ms. Winstead for a period of six months effective November 25, 2003 . Four months of the suspension are to be active with the remainder stayed for a probationary term of one year. The Commission found that Ms. Winstead failed to disclose on her 2001 salesperson license application 15 misdemeanor convictions entered against her between 1985 and 2002 for writing worthless checks. The Commission noted that Ms. Winstead did disclose the convictions on her 2003 broker application, which required submission of a criminal history.
This article came from the March 2004-Vol34-3 edition of the bulletin.