ERIC C. ANDREWS (Pittsboro) – By Consent, the Commission suspended the broker license of Mr. Andrews for a period of one year effective June 1, 2010. The Commission then stayed the suspension for a probationary period to run contemporaneously with the probation imposed by the Superior Court in connection with Mr. Andrews’ recent conviction of a criminal offense. The Commission found that Mr. Andrews pleaded guilty to and was convicted of the criminal offenses of assault by pointing a gun and assault on a female, was sentenced to 120 days of incarceration, suspended for a probationary period of three years.
ASHLEY REALTY, LLC (Stanfield) – By Consent, the Commission revoked the firm license of Ashley Realty effective June 1, 2010. The Commission found that Ashley Realty failed to provide monthly statements or 1099s to owners of properties it managed and failed to place monies held in trust for its clients into a trust account.
JACQUELIN B. BAREFOOT (Clayton) – By Consent, the Commission suspended the broker license of Ms. Barefoot for a period of three years effective September 1, 2009. The Commission found that Ms. Barefoot listed and sold a new construction home for a builder with full knowledge that the builder had agreed to accept less than the full price stated on the contract and closing statement and that the difference was being paid to an unlicensed third party who produced the investor/buyer. The Commission also found that Ms. Barefoot failed to prepare an accurate contract and failed to disclose this information on the HUD-1 closing statement or to the lender in the transaction.
CHRIS T. BELIN (Charlotte) – By consent, the Commission revoked the broker license of Mr. Belin effective June 10, 2010. The Commission found that Mr. Belin registered for a continuing education course and sent his unlicensed assistant to appear at the course on his behalf with his pocket card; the assistant’s attempt to take the course failed when the instructor discovered the assistant’s true identity and the assistant was asked to leave the course. The Commission also found that Mr. Belin participated in a series of transactions in which the prices of properties were inflated and the difference was disbursed among participants in a manner so as to make it appear that the funds were used to pay expenses that did not in fact exist, and in which the closing statement did not reflect the true nature of the transactions.
LYNDA KAY FITZ JERRELL BOOKER (Kill Devil Hills) – The Commission accepted the voluntary surrender of the broker license of Ms. Booker for a period of one year effective September 8, 2010. The Commission dismissed without prejudice allegations that Ms. Booker violated provisions of the Real Estate License Law and Commission rules. Ms. Booker neither admitted nor denied misconduct.
BELINDA D. BRADLEY (Charlotte) – By Consent, the Commission suspended the broker license of Ms. Bradley for a period of one year effective October 1, 2009. The Commission found that Ms. Bradley in 2006 removed the provisional status of her broker license by certifying that she had at least four years of full-time, active real estate brokerage experience during the previous six years, which was incorrect as she had been on inactive status for 11 years prior to her certification. The Commission also found that Ms. Bradley activated her broker license in 2008 and certified that she had 10 years’ real estate brokerage experience to obtain a broker-in-charge designation, when, in fact, she only had five months’ experience during the previous 10-year period.
GLATHA E. BUCHANAN (Dillsboro) – By Consent, the Commission suspended the broker license of Ms. Buchanan for a period of two years effective July 1, 2010. Three months of the suspension were active with the remainder stayed for a probationary period of 21 months. The Commission found that Ms. Buchanan acting as broker-in-charge and qualifying broker for a real estate brokerage firm, failed, between 2006 and 2009, to account for or remit monies coming into its possession that belonged to others, commingled money of its principals with money held in trust for others, and failed to perform reconciliations, create trial balances or maintain its trust accounts in compliance with the Real Estate License Law and Commission rules. The Commission also found that the liabilities of the accounts regularly exceeded the balance on hand, resulting in a shortage in the accounts.
AMANDA LEE CARPENTER (Wilmington) – The Commission accepted the voluntary surrender of the broker license of Ms. Carpenter for a period of three years effective August 1, 2010. The Commission dismissed without prejudice allegations that Ms. Carpenter violated provisions of the Real Estate License Law and Commission rules. Ms. Carpenter neither admitted nor denied misconduct.
ROSINA CICCONE (Mooresville) – By Consent, the Commission reprimanded Ms. Ciccone effective May 1, 2010. The Commission found that in 2009 Ms. Ciccone used two listed homes for improper purposes.
CHRISTINE N. CLARK (Mooresville) – By Consent, the Commission reprimanded Ms. Clark effective July 1, 2010. The Commission found that Ms. Clark did not discover and disclose a road widening project involving property she listed for sale; the seller knew about the project but failed to inform Ms. Clark or other participants in the transaction. The Commission also found that Ms. Clark’s broker-in-charge discovered the project prior to closing, but due to a miscommunication within the firm, that information was not disclosed to the buyers’ agent or buyers prior to closing. The Commission also found that a survey ordered by the buyers disclosed the project, although not its full potential extent.
COASTAL CONNECTIONS REALTY, INC. (Jacksonville) – By Consent, the Commission revoked the firm license of Coastal Connections Realty effective August 1, 2010. The Commission found that the owner and broker-in-charge of Coastal Connections Realty accepted earnest money deposits from clients and customers and instead of depositing them in a trust or escrow account, deposited them into a personal checking account and the firm’s business operating account. The Commission also found that the firm’s owner did not safeguard the funds entrusted to it and used the money for personal purposes instead. The Commission further found that at the closings of the transactions in question, the firm’s owner brought cashier’s checks drawn on a personal account to the closing attorney or took a credit on the closing statement for the amount of deposit already converted by the owner to personal use. Finally, the Commission found that the firm’s records for the funds of others in its care and custody were insufficient to create a clear audit trail.
SHIRLEY D. COLEMAN (Dillsboro) – The Commission accepted the permanent voluntary surrender of the broker license of Ms. Coleman effective June 10, 2010. The Commission dismissed without prejudice allegations that Ms. Coleman violated provisions of the Real Estate License Law and Commission rules. Ms. Coleman neither admitted nor denied misconduct.
STEVEN R. CRABTREE (Durham) – By Consent, the Commission revoked the broker license of Mr. Crabtree effective May 15, 2010. The Commission found that Mr. Crabtree, acting as broker-in-charge of a sole proprietorship, purchased several coastal properties as investments between 2004 and 2007 and overstated his income on a loan application. The Commission noted that Mr. Crabtree, whose properties were foreclosed on by the lenders and who who declared bankruptcy, cooperated with the Commission’s investigation.
DONALD A. DOLL, JR. (Sugar Grove) – The Commission reprimanded Mr. Doll effective June 8, 2010. The Commission found that Mr. Doll constructed an addition to his personal residence in 2002 and subsequently sold the residence in 2007 without disclosing to the buyers that the construction had never passed final inspection and that he had never obtained a certificate of occupancy.
DALLAS J. DUKE, JR. (Wake Forest) – By Consent, the Commission revoked the broker license of Mr. Duke effective May 13, 2010. The Commission found that Mr. Duke, as broker-in-charge of a real estate brokerage firm, was entrusted with $100,000 from a buyer-client as earnest money for the purchase of a property and failed to maintain the money in a trust account, failed to safeguard the money or to promptly account for and remit the money to his buyer-client, and converted the money to his own use.
ELK REALTY, LLC – (Hampstead) – The Commission accepted the voluntary surrender of the firm license of Elk Realty for a period of five years effective May 27, 2010. The Commission dismissed without prejudice allegations that Elk Realty had violated provisions of the Real Estate License Law and Commission rules. Elk Realty neither admitted nor denied misconduct.
KRISTIN P. FAIRCLOTH (Castle Hayne) – By Consent, the Commission suspended the broker license of Ms. Faircloth for a period of one year effective August 20, 2010. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Faircloth received a security deposit for a property she owned and failed to deposit the money in a trust account as required by statute. The Commission also found that Ms. Faircloth refunded the security deposit by money order after the tenant filed a complaint with the Commission. Finally, the Commission found that Ms. Faircloth failed to disclose several misdemeanor convictions for worthless checks in 2006, 2007, and 2009.
FIRST CHOICE OF JACKSON, LLC (Dillsboro) – By Consent, the Commission revoked the firm license of First Choice of Jackson effective July 1, 2010. The Commission found that First Choice, between 2006 and 2009, failed to account for or remit monies coming into its possession that belonged to others, commingled money of its principals with money held in trust for others, and failed to perform reconciliations, create trial balances or maintain its trust accounts in compliance with the Real Estate License Law and Commission rules. The Commission also found that the liabilities of the accounts regularly exceeded the balance on hand, resulting in a shortage in the accounts.
FIVE STAR REALTY, INC. (Fayetteville) – By Consent, the Commission suspended the firm license of Five Star Realty for a period of two years effective June 15, 2010. The Commission then stayed the suspension for a probationary period of two years through June 14, 2012 on certain conditions. The Commission found that Five Star Realty failed to maintain its trust account books and records in compliance with the Real Estate License Law and Commission rules. The Commission noted that Five Star Realty has since purchased and installed a computer program to keep its trust account records and employed a CPA to assist it and that its records are now in compliance.
CHRISTOPHER J. FRANTZ (Kernersville) – By Consent, the Commission suspended the broker license of Mr. Frantz for a period of two years effective June 15, 2010. The Commission then stayed the suspension for a probationary period of two years. The Commission found that in 2009 Mr. Frantz pled guilty in the United States District Court, Middle District of North Carolina, case 1:08CR278-1, to 1 count of violating Title 31, USC, Sections 5324(a) and (d)(1). Respondent was placed on probation and ordered to pay a fine and perform community service. The conduct resulting in the conviction occurred in 2004 prior to Respondent being licensed by the Commission. Respondent reported the conviction to the Commission in a timely manner.
BRIAN KEITH GEORGE (Greensboro) – By Consent, the Commission suspended the broker license of Mr. George for a period of one year effective March 1, 2010. The Commission found that Mr. George operated a real estate firm without obtaining a license for it and permitted an agent associated with another firm to submit an offer to purchase contract naming Mr. George and his firm as the buyers’ agents. The Commission also found that Mr. George failed to respond to Letters of Inquiry directed to him at his address of record.
DAVID B. GLADNEY (Fayetteville) – By Consent, the Commission suspended the broker license of Mr. Gladney for a period of two years effective June 15, 2010. The Commission then stayed the suspension for a probationary period of two years through June 14, 2012 on certain conditions. The Commission found that Mr. Gladney, acting as broker-in-charge of a real estate brokerage firm, failed to maintain his trust account books and records in compliance with the Real Estate License Law and Commission rules. The Commission noted that Mr. Gladney has since purchased and installed a computer program to keep his trust account records and employed a CPA to assist him and that his records are now in compliance.
RONALD L. GOLDBERG (Whispering Pines) – By Consent, the Commission reprimanded Mr. Goldberg effective September 1, 2020. The Commission found that Mr. Goldberg, acting as a buyer agent, failed to disclose to the buyers in the transaction that the home being purchased was located in the RPZ zone of the Moore County Airport.
RENÉ HIRAN GONZALEZ (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Gonzalez for a period of one year effective February 1, 2010. Five months of the suspension were active with the remainder stayed for a probationary period of one year. The Commission found that Mr. Gonzalez, as a provisional broker, fabricated a letter from a lender for a buyer client indicating that his client had been prequalified for a mortgage loan when, in fact, his client had not been prequalified for a loan and Mr. Gonzalez was not authorized to create the letter. The Commission also found that in another transaction, Mr. Gonzales fabricated another lender’s prequalification letter although he did not have the lender’s authority to create the letter.
BRAD L. GREENBERG – The Commission accepted the voluntary surrender of the broker license of Mr. Greenberg for a period of five years effective May 1, 2010. The Commission dismissed without prejudice allegations that Mr. Greenberg had violated provisions of the Real Estate License Law and Commission rules. Mr. Greenberg neither admitted nor denied misconduct.
GWENDOLYN VANDUZER GRISSOM (Garner) – By Consent, the Commission reprimanded Ms. Grissom effective June 15, 2010. The Commission found that Ms. Grissom listed and advertised a property she owned as being suitable for a church and, acting as a dual agent, assured the buyer that the property could be used as a church, when, after closing, the buyers learned that zoning regulations would not permit a church on the subject property. Ms. Grissom has since resolved the matter with the buyer.
LESLIE DANIELLE HARRISON (Charlotte) – By Consent, the Commission suspended the broker license of Ms. Harrison for a period of five years effective August 31, 2010. Two years of the suspension are active with the remainder stayed for a probationary period extending through August 31, 2015. The Commission found that Ms. Harrison, also appointed by the North Carolina Secretary of State’s office as a notary public, notarized the signature of a seller on a deed, certifying that the seller personally appeared before Ms. Harrison and acknowledged the execution of the deed, when in fact the seller did not and Ms. Harrison’s notarization was false. The Commission also found that Ms. Harrison presented the deed with the false notarization to the county register of deeds for filing in order to transfer title to the property.
SARAH WRIGHT HICKS (Wrightsville Beach) – By Consent, the Commission reprimanded Ms. Hicks effective July 1, 2010. The Commission found that Ms. Hicks timely reported her December 16, 2009 conviction for Felony Possession with Intent to Sell//Deliver Schedule II Controlled Substances, for which she received a 6-to-8-month suspended sentence, was placed on 30 months supervised probation, and was ordered to pay court costs and a fine of $300. The Commission noted that Ms. Hicks’ only other conviction was in 2005 for Improper Equipment.
HIGH SOUTH REALTY LLC (Jefferson) – By Consent, the Commission revoked the firm license of High South Realty effective September 8, 2010. The Commission found that High South Realty, engaged in the business of rental property management, failed prior to September 2008 to comply with the Real Estate License Law and Commission rules governing trust accounts by failing to maintain long and short-term rental accounts as designated trust accounts, failing to maintain a journal, failing to maintain ledger sheets, and failing to prepare and maintain trial balances. The Commission also found that High South Realty subsequent to September 2008 opened designated trust accounts for long and short-term rentals, but continued in its failure to maintain hard copies of ledger sheet trial balances, ledger sheet to bank reconciliations, and monthly balance sheets. The Commission finally found that as of August 31, 2009, the long-term rental trust account showed an overage of $2,266.18 and the short-term rental account showed an overage of $1,183.68.
STEVEN D. HUFF (Indian Trail) – By Consent, the Commission reprimanded Mr. Huff effective June 1, 2010. The Commission found that Mr. Huff in 2002, prior to licensing as a broker in 2005 and as one of the members of Charlotte Home Solutions LLC, marketed a lease/purchase plan in which sellers would deed their homes into a land trust. Potential purchasers paid Mr. Huff’s firm a substantial non-refundable Option to Purchase fee that they would lose if they could not qualify for financing and purchase the home. None of the monies on the option contract was treated as a rental deposit under the provisions of the Tenant Security Deposit Act. The firm, Charlotte Home Solutions, failed to keep up with the mortgage payments, taxes and HOA dues for a number of properties and, after Mr. Huff left the firm, delinquent payments resulted, in some instances, in foreclosures, injuring the credit of the sellers. Tenant/purchasers were also injured by forfeited option fees, lost options and forced evictions due to foreclosures.
LINDA G. HUGHES (Maiden) – The Commission accepted the voluntary surrender of the broker license of Ms. Hughes for a period of five years effective August 17, 2010. The Commission dismissed without prejudice allegations that Ms. Hughes violated provisions of the Real Estate Law and Commission rules. Ms. Hughes neither admitted nor denied misconduct.
PANSY FOY JONES (Jacksonville) – By Consent, the Commission revoked the broker license of Ms. Jones effective August 1, 2010. The Commission found that Ms. Jones, as a broker-in-charge of her own real estate brokerage firm, accepted earnest money deposits from clients and customers and, instead of depositing them in a trust or escrow account, deposited them into a personal checking account and the firm’s business operating account. The Commission also found that Ms. Jones did not safeguard the funds entrusted to her and used them for personal purposes instead. The Commission further found that at the closings of the transactions in question, Ms. Jones brought cashier’s checks drawn on a personal account to the closing attorney or took a credit on the closing statement for the amount of deposit already converted by Ms. Jones to her personal use. The Commission finally found that Ms. Jones’ records for the funds of others in her care and custody were insufficient to create a clear audit trail.
CAROLYN HAWKE KERBY (Hampstead) – The Commission accepted the voluntary surrender of the broker license of Ms. Kerby for a period of five years effective May 14, 2010. The Commission dismissed without prejudice allegations that Ms. Kerby had violated provisions of the Real Estate License Law and Commission rules. Ms. Kerby neither admitted nor denied misconduct.
CYNTHIA L. KUSCHE (Oak Ridge) – By Consent, the Commission suspended the broker license of Ms. Kusche for a period of one year effective July 1, 2010. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Kusche, as qualifying broker and broker-in-charge of a real estate brokerage firm serving as dual agent for a lease/purchase transaction, used a standard form Offer to Purchase and Contract and directed a broker associate to use the standard Buyer Possession Before Closing Agreement which specifically states “Do not use for occupancy for more than 7 days” for the proposed 18-month tenancy. The Commission also found that Ms. Kusche’sbroker inserted ambiguous terms into the Buyer Possession Agreement and the buyer/tenants only paid a portion of the earnest money, never paid any rent, and were subsequently evicted.
ASHLEY N. LAMBERT (Greensboro) – By Consent, the Commission suspended the broker license of Ms. Lambert for a period of one year effective March 1, 2010. Four months of the suspension were active with the remainder stayed for a probationary period extending to the end of the term. The Commission found that Ms. Lambert, a provisional broker associated with a real estate brokerage firm, presented an offer to purchase property listed by another firm on behalf of buyers who were not clients or customers of Ms. Lambert’s firm and whose buyers’ agents were identified in the offer as another agent and firm. The Commission also found that Ms. Lambert was not employed or supervised by the other agent or firm, did not inform her broker-in-charge about the transaction, and did not deliver the earnest money check to her broker-in-charge. The Commission further found that the other agent operated the other real estate firm without obtaining a license for it and that the other agent.
SHANNON WOODS LEE (Charlotte) – The Commission accepted the permanent voluntary surrender of the broker license of Ms. Lee effective June 10, 2010. The Commission dismissed without prejudice allegations that Ms. Lee violated provisions of the Real Estate License Law and Commission rules. Ms. Lee neither admitted nor denied misconduct.
MICHELLE VIVECA MALLARD (Charlotte) – The Commission accepted the permanent voluntary surrender of the broker license of Ms. Mallard effective September 8, 2010. The Commission dismissed without prejudice allegations that Ms. Mallard violated provisions of the Real Estate License Law and Commission rules. Ms. Mallard neither admitted nor denied misconduct.
RICHARD D. MARSHALL (Oak Island) – By Consent, the Commission suspended the broker license of Mr. Marshall for a period of two years effective June 10, 2010. The Commission then stayed the suspension for a probationary period of two years. The Commission found that Mr. Marshall, acting as broker-in-charge from January 23, 1999 until October 30 2002 of a firm engaged in the rental property management business, failed to oversee the firm’s trust account and to reconcile the trust account records, resulting in the commingling of undisbursed management fees in the trust account. The Commission also found that Mr. Marshall’s trust account records were not maintained in such a way as to create a clear audit trail.
BRENDA L. MILLIGAN (Taylorsville) – The Commission accepted the voluntary surrender of the broker license of Ms. Milligan for a period of two years effective September 1, 2010. The Commission dismissed without prejudice allegations that Ms. Milligan violated provisions of the Real Estate Law and Commission rules. Ms. Milligan neither admitted nor denied misconduct.
MILLIGAN REAL ESTATE, INC. (Taylorsville) – The Commission accepted the voluntary surrender of the firm license of Milligan Real Estate for a period of two years effective September 1, 2010. The Commission dismissed without prejudice allegations that Milligan Real Estate violated provisions of the Real Estate Law and Commission rules. Milligan Real Estate neither admitted nor denied misconduct.
NC LANDS LLC (Wake Forest) – By Consent, the Commission revoked the firm license of NC Lands effective May 13, 2010. The Commission found that NC Lands, a real estate brokerage firm, was entrusted with $100,000 from a buyer-client as earnest money for the purchase of a property and failed to maintain the money in a trust account, failed to safeguard the money or to promptly account for and remit the money to its buyer-client, and converted the money to its own use.
LINDA B. NESTOR (Raleigh) – By Consent, the Commission reprimanded Ms. Nestor effective October 1, 2010. The Commission found that Ms. Nestor listed and sold a property using a contract that required a $2500 repair allowance to be paid to the buyers. The repair allowance was not disclosed on the HUD-1 closing statement and was paid outside closing. There was a misunderstanding as to whether the allowance was supposed to cover the repairs performed or repairs to be made by the buyers after closing. Respondent and the sellers have resolved their issues.
TRACY DISHMAN PEARSON (Deep Gap) – By Consent, the Commission revoked the broker license of Ms. Pearson effective June 10, 2010. The Commission found that Ms. Pearson, acting as a bookkeeper for a real estate brokerage firm and with access to the firm’s bank accounts including the trust accounts created to hold client monies, removed without authority monies belonging to the firm, its principals, and its clients and converted them to her own use, taking more than $20,000 from the firm’s trust accounts.
NANCY V. PETERSON (Mill Springs) – The Commission accepted the voluntary surrender of the broker license of Ms. Peterson for a period of five years effective July 19, 2010. The Commission dismissed without prejudice allegations that Ms. Peterson violated the Real Estate License Law and Commission rules. Ms. Peter neither admitted nor denied misconduct.
JOANNA L. PHILLIPS (Charlotte) – The Commission accepted the surrender of the broker license of Ms. Phillips for a period of two years effective September 8, 2010. The Commission dismissed without prejudice allegations that Ms. Phillips violated provisions of the Real Estate License Law and Commission rules. Ms. Phillips neither admitted nor denied misconduct.
DEWEY E. RACKLEY (Wilmington) – By Consent, the Commission revoked the broker license of Mr. Rackley effective July 19, 2010. The Commission found that Mr. Rackley, acting as broker-in-charge of a real estate brokerage firm engaged in the property management business and responsible for proper oversight of the firm’s trust accounts and trust account records, failed to deposit and maintain money belonging to others in a trust account. The Commission also found that Mr. Rackley converted trust money to his own use and failed to respond to Letters of Inquiry from the Commission.
SETH LEWIS ROBBINS (Oak Island) – By Consent, the Commission reprimanded Mr. Robbins effective June 10, 2010. The Commission found that Mr. Robbins, acting as broker-in-charge from August 11, 2005 to November 30, 2006 of a firm engaged in the rental property management business, failed to oversee the firm’s trust account and to reconcile the trust account records. The Commission also found that Mr. Robbins’ trust account records were not maintained in such a way as to create a clear audit trail.
STEPHANIE GAYNOR ROLLINS (Coats) – By Consent, the Commission revoked the broker license of Ms. Rollins effective May 31, 2010. The Commission found that Ms. Rollins, acting as qualifying broker and broker-in-charge of a real estate brokerage firm, sold three duplexes she owned for a total of $275,000 by entering into false contracts with the buyer indicating the price for the properties was $117,000 per duplex. The Commission also found that Ms. Rollins signed false HUD-1 statements at closing in that each statement indicated a purchase price of $117,000 per unit when in fact the total price of all three units was $275,000. The Commission further found that Ms. Rollins paid the buyer the difference in the inflated price and the true price outside of closing and paid some of the buyer’s closing costs without disclosing this on the HUD-1 statement. Ms. Rollins neither admits nor denies but agrees to the entry of certain facts and legal conclusions.
JACK N. ROYAL (Oak Island) – By Consent, the Commission suspended the broker license of Mr. Royal for a period of one year effective June 10, 2010. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Royal, acting as broker-in-charge from October 30, 2002 until August 11, 2005 of a firm engaged in the rental property management business, failed to oversee the firm’s trust account and to reconcile the trust account records, resulting in an overage of $68,000 and the commingling of undisbursed management fees in the trust account. The Commission also found that Mr. Royal’s trust account records were not maintained in such a way as to create a clear audit trail.
MARK R. SILVERTHORNE (Wilson) – By Consent, the Commission suspended the broker license of Mr. Silverthorne for a period of one year effective July 1, 2010. The Commission then stayed the suspension on certain conditions for a probationary period of two years. The Commission found that Mr. Silverthorne, acting as the owner and broker-in-charge of a real estate brokerage firm, failed to properly account for the funds of others, and failed to properly maintain trust account records in such a manner as to identify the ownership of all funds belonging to others and to create a clear audit trail. Mr. Silverthorne has since brought his trust account records into compliance. No consumers were harmed as a result.
SILVERTHORNE PROPERTIES, INC. (Wilson) – By Consent, the Commission suspended the firm license of Silverthorne Properties for a period of one year effective July 1, 2010. The Commission then stayed the suspension on certain conditions for a probationary period of two years. The Commission found that Silverthorne Properties failed to properly account for the funds of others, and failed to properly maintain trust account records in such a manner as to identify the ownership of all funds belonging to others and to create a clear audit trail. Silverthorne Properties has since brought its trust account records into compliance. No consumers were harmed as a result.
TORANIQUE C. SIMON (Raleigh) – By Consent, the Commission suspended the broker license of Ms. Simon for a period of two years effective September 1, 2009. The Commission found that Ms. Simon continued to conduct brokerage services as broker-in-charge of her sole proprietorship despite signing an Independent Contractor Agreement with another licensed firm which specified that Ms. Simon was not authorized to conduct any brokerage services through her sole proprietorship while affiliated with the licensed firm. The Commission also found that in June 2007, Ms. Simon, through her sole prorietorship, received a $500 earnest money deposit, but failed to deposit it into her trust account. The Commission further found that in July 2007 Ms. Simon was removed as broker-in-charge of her sole proprietorship for failure to take the required annual review course and that, after the June 2007 transaction was terminated, Ms. Simon kept the earnest money deposit as her fee without any authorization from the parties. The Commission finally found that, after Ms. Simon was no longer broker-in-charge, she presented another unaccepted offer to purchase to the seller again listing her sole proprietorship as buyer’s agent.
JASON R. SMITH (Stanfield) – By Consent, the Commission revoked the broker license of Mr. Smith effective June 1, 2010. The Commission found that Mr. Smith, as broker-in-charge of a real estate brokerage firm, failed to provide monthly statements or 1099s to owners of properties he managed and failed to place monies he held in trust for his clients into a trust account.
THOMAS J. STATON (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Staton for a period of one year effective April 1, 2010. Three months of the suspension were active with the remainder stayed for a probationary period through April 1, 2012. The Commission found that Mr. Staton managed a property for an owner and failed to collect the full amount of the tenant security deposit from the tenant he placed in the property, failed to account to the tenant for her security deposit, and failed to account to the property owner for receipts and disbursements related to the property. The Commission also found that Mr. Staton failed to maintain or retain a journal, ledger sheets, deposit tickets, or a bank reconciliation, and engaged in deficit spending. The Commission noted that the property owner did receive all monies owed to him by Mr. Staton.
KIMBERLY MARIE SWIATEK (Oak Ridge) – By Consent, the Commission suspended the broker license of Ms. Swiatek for a period of six months effective July 1, 2010. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Ms. Swiatek, as dual agent for a lease/purchase transaction, used a standard form Offer to Purchase and Contract and the standard Buyer Possession Before Closing Agreement which specifically states “Do not use for occupancy for more than 7 days” for the proposed 18-month tenancy. The Commission also found that Ms. Swiatek included ambiguous language in the agreements as to the buyer/tenants’ obligation to pay rent during the first four months of occupancy. The Commission finally found that the buyer/tenants only paid a portion of the earnest money, never paid any rent, and were subsequently evicted.
CRYSTAL MICHELLE TAYLOR (Maple Hill) – The Commission accepted the permanent voluntary surrender of the broker license of Ms. Taylor effective August 16, 2010. The Commission dismissed without prejudice allegations that Ms. Taylor violated provisions of the Real Estate Law and Commission rules. Ms. Taylor neither admitted nor denied misconduct.
TEAM KUSCHE, INC. T/A RE/MAX PROFESSIONALS (Oak Ridge) – By Consent, the Commission reprimanded Team Kusche effective July 1, 2010. The Commission found that Team Kusche, through its qualifying broker and broker-in-charge, served as dual agent for a lease/purchase transaction, used a standard form Offer to Purchase and Contract and directed a broker associate to use the standard Buyer Possession Before Closing Agreement which specifically states “Do not use for occupancy for more than 7 days” for the proposed 18-month tenancy. The Commission also found that Team Kusche’s broker inserted ambiguous terms into the Buyer Possession Agreement and the buyer/tenants only paid a portion of the earnest money, never paid any rent, and were subsequently evicted.
DONALD E. VANDERBURG (Monroe) – By Consent, the Commission revoked the broker license of Mr. Vanderburg effective June 10, 2010. The Commission found that Mr. Vanderburg, who was associated with Re/Max Elite Associates, was informed by his broker-in-charge on July 29, 2008 that the firm’s Re/Max franchise agreement had been terminated and that the firm would continue to operate under the name Elite Associates until all pending transactions closed. On July 31, 2008, Mr. Vanderburg recorded a sole proprietorship under the name Re/Max Elite Properties, even though he did not have a Re/Max franchise, and opened a bank account with the same name. The Commission also found that Mr.Vanderburg during August 2008 deposited into the Re/Max Elite Properties account two commissions made payable to Re/Max Elite and intended for (Re/Max) Elite Associates, Inc., and then wrote checks to himself in roughly the amount of the commissions. The Commission further found that Mr. Vanderburg told the receptionist at Elite Associates, Inc., that the first transaction had fallen through and asked her to remove the listing for the second two days before closing, when the statement was false. Finally, the Commission found that Mr. Vanderburg’s affiliation with Re/Max Elite Associates was terminated effective August 21, 2008 and that during September 2008, Mr. Vanderburg deposited a referral fee made payable to Re/Max Elite Associates into the Re/Max Elite Properties account and wrote himself a check in the same amount.
GEORGE K. WARE (Winston-Salem) – By Consent, the Commission suspended the broker license of Mr. Ware for a period of one year effective July 1, 2010. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Mr. Ware acted as a buyer agent for buyers of a property without entering into a written buyer agency agreement. The Commission also found that three months later, Mr. Ware represented subsequent purchasers of the same property as a buyer agent without a written buyer agency agreement. The Commission finally found that Mr. Ware has provided brokerage services without a written buyer agency agreement on at least two additional occasions and had previously been warned by the Commission not to provide brokerage services without a written buyer agency agreement.
FREDERICK JOSEPH WENZ III (Wilmington) – By Consent, the Commission suspended the broker license of Mr. Wenz for a period of 18 months effective July 1, 2010. One month of the suspension was active with the remainder stayed for a probationary period of 17 months. The Commission found that Mr. Wenz served as a listing agent for a property with a list price of $990,000, presented his seller-client with an offer for $1.1 million from an individual purporting to have Power of Attorney from Mr. Wenz’ buyer-client, and drafted several documents as part of the contract including a disclaimer and articles of agreement between the buyer and the seller.
ELIZABETH J. (TALMADGE) WIEDERHOLD (Asheville) – By consent, the Commission reprimanded Ms. Wiederhold effective October 1, 2010. The Commission found that Ms. Wiederhold served as listing agent for a renovated property for an investor-seller client and failed to measure the square footage of the property and instead relied on the incorrect square footage listing from the investor’s original purchase of the property.
KAREN F. WILLIAMS (Tryon) – By Consent, the Commission reprimanded Ms. Williams effective June 10, 2010. The Commission found that Ms. Williams, in October 2009, was convicted of Misdemeanor Simple Possession of a Schedule VI Controlled Substance and Misdemeanor Possession of Drug Paraphernalia in Polk County, given a suspended sentence and 12 months unsupervised probation, and ordered to pay court costs and a fine.
PATRICIA A. WILSON (Spruce Pine) – By Consent, the Commission suspended the broker license of Ms. Wilson for a period of three years effective June 1, 2010. Three months of the suspension were active with the remainder stayed for a probationary period thru May 31, 2013. The Commission found that Ms. Wilson, acting as broker-in-charge of a real estate brokerage firm and as a licensed appraiser, appraised undeveloped lots in a proposed subdivision and determined the market value based upon the lots having ingress and egress, being capable of supporting a dwelling, and having provision for a water supply and waste removal, when none of these conditions had been met. The Commission further found that Ms. Wilson surrendered her right to renew her appraiser license.
This article came from the October 2010-Vol41-2 edition of the bulletin.