Disciplinary Actions

 

SANYA E. ADAMS (Durham) – By Consent, the Commission revoked the broker license of Ms. Adams effective March 16, 2006. The Commission found that Ms. Adams, acting as broker and rental agent for the owners of 53 rental properties, failed to keep proper trust account books and records and failed to properly account for trust monies for her landlord clients. The Commission also found that trust monies in her account were short in excess of $21,000.

M. PAM ARIZONA (Raleigh) – By Consent, the Commission revoked the salesperson license of Ms. Arizona effective February 9, 2006. The Commission found that Ms. Arizona on September 15, 2005 pleaded guilty and was found guilty of felony false bomb report and two counts of second degree kidnapping, sentenced to 6-8 months for the false bomb report, which sentence was suspended for 60 months of supervised probation, and 20-33 months of active incarceration for the kidnapping.

MURIEL M. BIJEAU (Raleigh) – By Consent, the Commission reprimanded Ms. Bijeau effective April 1, 2006. The Commission found that Ms. Bijeau, acting as a buyer agent, failed to disclose to her buyer clients a proposal to build a four-lane bypass in close proximity to the property being purchased.

BINACO INTERNATIONAL OF NY t/a BINACO REAL ESTATE (Charlotte) – By Consent, the Commission revoked the firm license of Binaco International effective March 16, 2006. The Commission found that Binaco International, in selling a property it owned, paid a referral fee of $18,750 to an unlicensed entity for referring the buyer.

M. SHERLYNNE BISSELL (Carthage) – By Consent, the Commission revoked the broker license of Ms. Bissell effective February 9, 2006. The Commission found that Ms. Bissell, as broker-in-charge of a vacation rental management firm in 2003 failed to maintain trust account records in the form and manner required by Commission rule and failed to conduct monthly reconciliations of trust account records and bank statements as required by Commission rule. Ms. Bissell neither admitted nor denied, but did not contest, the Commission findings.

MICHAEL E. BLANKENSHIP (Kill Devil Hills) – By Consent, the Commission revoked the broker license of Mr. Blankenship effective April 20, 2006. The Commission found that Mr. Blankenship failed to respond to multiple letters of inquiry in two cases being investigated by the Commission.

SONYA R. BOOHER (Kitty Hawk) – By Consent, the Commission reprimanded Ms. Booher effective April 10, 2006. The Commission found that Ms. Booher, while licensed as a real estate salesperson, was placed in charge of record keeping for vacation rental trust accounts of the firm with which she was affiliated, and failed to maintain the trust account records in the manner required by Commission rule. The Commission noted that Ms. Booher cooperated with the Commission investigation.

TIMOTHY P. BURRELL (Raleigh) – By Consent, the Commission suspended the broker license of Mr. Burrell for a period of six months effective April 1, 2006. The Commission then stayed the suspension for a probationary period of one year on certain conditions. The Commission found that Mr. Burrell, acting as agents to buyers, failed to disclose to the buyers a proposal to build a four-lane overpass in proximity to the property the buyers were purchasing.

DONNA CARTER-ODOM (Greenville) – By Consent, the Commission suspended the broker license of Ms. Carter-Odom for a period of one year effective February 9, 2006. Three months of the suspension were active with the remainder stayed for a probationary period of nine months on certain conditions. The Commission found that Ms. Carter-Odom acted as a dual agent in a transaction in which she represented the buyer of a property listed by another agent in the same firm and negligently failed to disclose material facts related to the buyer’s ability to close the transaction.

CONNER, INC. (Kitty Hawk) – By Consent, the Commission revoked the firm license of Conner, Inc., effective April 10, 2006. The Commission found that Conner, Inc., failed to maintain trust account records in the manner required by Commission rules, and during the operation of its office, could not accurately account for the funds of others it received in the course of its business.

JULIE D. CONNER (Kitty Hawk) – By Consent, the Commission reprimanded Ms. Conner effective April 10, 2006. The Commission found that Ms. Conner, while affiliated with two different firms, was responsible for maintaining trust account records of each firm and failed to maintain the trust account records in the manner required by Commission rule. The Commission noted that Ms. Conner cooperated with the Commission’s investigation.

KEVIN G. CONNER (Kitty Hawk) – By Consent, the Commission suspended the broker license of Mr. Conner for a period of six months effective March 15, 2006. Two months of the suspension were active with the remainder stayed under certain conditions for a probationary period ending June 1, 2009. The Commission found that Mr. Conner, acting as broker-in-charge, took over two real estate offices and failed to detect that the trust accounts were substantially short and failed to implement an adequate record keeping system, thus preventing accurate and timely accounting to property owners for funds received and disbursed on their behalf. The Commission noted that Mr. Conner cooperated with the Commission’s investigation, but had failed to provide an accurate trust accounting to the Commission.

CONNER RESORTS, INC. (Kitty Hawk) – By Consent, the Commission suspended the firm license of Conner Resorts for a period of three years effective July 1, 2006. The Commission then stayed the suspension for a probationary period of three years under certain conditions. The Commission found that Conner Resorts used a trust account it had purchased from another broker that had a shortage of $20,000 at the time of purchase and failed to immediately correct the shortage and implement a trust account record keeping system as required by Commission rules, and, although it corrected its sales and long-term rental trust account records, had not created or maintained acceptable records for its 2004 and 2005 vacation rental properties. The Commission noted that Conner Resorts has implemented an acceptable record system for its 2006 vacation rentals and has hired professional help to assist in correcting the problems with the 2004 and 2005 vacation rental records.

BUDDY L. FULLER (Durham) – The Commission accepted the voluntary surrender of the broker license of Mr. Fuller for a period of 18 months effective April 1, 2006. The Commission dismissed without prejudice allegations that Mr. Fuller had violated provisions of the Real Estate License Law and Commission rules. Mr. Fuller did not admit misconduct.

GENESIS REALTY GROUP LLC (Charlotte) – By Consent, the Commission revoked the firm license of Genesis Realty effective April 20, 2006. The Commission found that Genesis Realty failed to provide records of funds received, held or disbursed by the sole licensee affiliated with it when requested to do so by an agent of the Commission.

GREENVILLE PROFESSIONAL GROUP (Greenville) – By Consent, the Commission reprimanded the Greenville Professional Group effective February 9, 2006. The Commission found that the Greenville Professional Group, a real estate brokerage firm, acted as a dual agent in a sales transaction and through the selling agent negligently failed to disclose material facts related to the buyer’s ability to close the transaction. The Commission noted that Greenville Professional Group has since resolved the situation with the Complainants.

JAYA GUPTA (Charlotte) – By Consent, the Commission suspended the broker license of Ms. Gupta for a period of 90 days effective July 1, 2006. The Commission then stayed the suspension on certain conditions. The Commission found that Ms. Gupta, as broker-in-charge and principal broker of a real estate brokerage firm, paid a referral fee of $18,750 to an unlicensed entity for referring the buyer in the sale of a property the firm owned.

PEARL G. HEMPHILL (Charlotte) – By Consent, the Commission revoked the broker license of Ms. Hemphill effective April 20, 2006. The Commission found that Ms. Hemphill received funds of others while acting as a real estate broker and did not provide trust account records at the request of the Commission.

LINWOOD J. JONES (Garner) – By Consent, the Commission suspended the broker license of Mr. Jones for a period of two years effective April 1, 2006. The Commission found that Mr. Jones, licensed as both a real estate broker by the Commission and as a registered land surveyor by the North Carolina Board of Examiners for Engineers and Surveyors, prepared plats and surveys for a subdivision subsequently flooded during Hurricane Fran in 1996 and Hurricane Floyd in 1999, leading to a controversy about whether the flood plain lines indicated on those documents were correct and civil litigation against Mr. Jones and others which was resolved by settlement with the plaintiffs. The Commission also found that Mr. Jones was subsequently disciplined by the Board of Examiners for his conduct as a surveyor on another matter and failed to report the disciplinary action to the Commission.

CHRISTOPHER M. KELLY (Cary) – By Consent, the Commission suspended the salesperson license of Mr. Kelly for a period of 90 days effective February 1, 2006. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Kelly failed to disclose on his 2000 application for a salesperson license a conviction for possession of nitrous oxide, for which he received a suspended sentence with supervised probation.

JOHN E. LAWTON (Raleigh) – The Commission accepted the voluntary surrender of the broker license of Mr. Lawton for a period of one year effective March 16, 2006. The Commission dismissed without prejudice allegations that Mr. Lawton had violated provisions of the Real Estate License Law and Commission rules. Mr. Lawton neither admitted nor denied misconduct.

LAWANA MCNEILL (High Point) – By Consent, the Commission suspended the broker license of Ms. McNeill for a period of two years effective February 1, 2006. Three months of the suspension were active and the remainder stayed for a probationary period of two years. The Commission found that Ms. McNeill, acting as agent for clients in the sale of one residence and purchase of another, failed to describe her relationship with the parties accurately in agency contracts. The Commission also found that Ms. McNeill failed to maintain the parties’ earnest money deposits in a trust account and failed to keep full and accurate records of the client monies entrusted to her, did business as a corporation without obtaining a broker license for the firm, and in the course of the Commission’s inquiry failed to respond to the Commission’s letters of inquiry in a timely fashion.

THOMAS LEE MCNEILL (Kill Devil Hills) – By Consent, the Commission suspended the salesperson license of Mr. McNeill for a period of three years effective February 13, 2006. Thirty days of the suspension were active with the remainder stayed for a probationary period of 35 months under certain conditions. The Commission found that Mr. McNeill falsely represented on a 2004 application for a real estate salesperson license that he had not been convicted of a criminal offense other than DWI, when in fact he had been convicted of Assault on a Female, a misdemeanor, and was sentenced to a 60-day jail term, suspended for twenty four months with a fine and costs. The Commission noted that Mr. McNeill disclosed the offense on his 2005 broker license application.

ARVELLE MOORE (Rocky Mount) – By Consent, the Commission reprimanded Mr. Moore effective July 1, 2006. The Commission found that Mr. Moore failed to properly account for and remit to his principal funds received on behalf of the principal in a real estate transaction, which were inadvertently paid to the wrong person. The Commission noted that Mr. Moore cooperated with the investigation of this matter and satisfied the claims of his principal.

HEATHER RENEEE MUIR (Nags Head) – By Consent, the Commission suspended the license of Ms. Muir for a period of one year effective April 20, 2006. The Commission found that Ms. Muir pled guilty and was convicted of possession of drug paraphernalia in April 2005 and was later convicted of Driving While Impaired, Level 5, and another count of possession of drug paraphernalia in November 2005.

ERIC T. PERRY (Kure Beach) – The Commission revoked the broker license of Mr. Perry effective January 1, 2006. The Commission found that Mr. Perry was convicted of felonies for drug possession and obtaining property by false pretenses. The Commission also found that Mr. Perry failed to respond to the initial inquiry letter from the Commission, and failed to report certain convictions to the Commission.

THOMAS F. PIPER (Raleigh) – By Consent, the Commission suspended the salesperson license of Mr. Piper for a period of one year effective November 1, 2005. The Commission found that Mr. Piper listed several properties and collected retainer fees for the listings, but failed to advertise the properties as promised. The Commission also found that Mr. Piper went to work for another real estate brokerage firm where he failed to renew his license and continued to engage in real estate brokerage for approximately four months while his license was expired.

RICHARD J. REGAN (Elizabeth City) – By Consent, the Commission revoked the broker license of Mr. Regan effective February 13, 2006. The Commission found that on October 5, 2005, Mr. Regan pleaded guilty to and was found guilty of Second Degree Sexual Offense and was sentenced to 14 years of incarceration.

H. EUGENE REYNOLDS, JR. (Elizabeth City) – By Consent, the Commission suspended the broker license of Mr. Reynolds for a period of one year effective December 1, 2005. Three months of the suspension were active with the remainder stayed for a probationary period of nine months. The Commission found that Mr. Reynolds notified the property manager of his intent not to renew a lease for a property he had rented for the past year and provided receipts purportedly from a carpet cleaning business and extermination company to demonstrate that the carpets had been professionally cleaned and the property exterminated as required by the property manager when, in fact, the receipts were false documents created by Mr. Reynolds to induce the property manager into believing that he had complied when he had not.

SHERMAN T. RICE (Lake Lure) – By Consent, the Commission suspended the license of Mr. Rice for a period of six months effective April 20, 2006. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Rice made a false statement on his 1996 license application that he had not been convicted of any criminal offense when in fact he had a 1995 conviction for Driving While Impaired, Level II. The Commission also found that subsequent to his licensing Mr. Rice was twice convicted of Driving While Impaired, Level II, once in 1998 and once in 2000 and did not report these convictions to the Commission.

PERRY S. SIMPSON (Sanford) – By Consent, the Commission suspended the broker license of Mr. Simpson for a period of two years effective February 1, 2006. The Commission found that Mr. Simpson failed to disclose to the Commission in his 1992 application for licensure as a salesperson convictions for underage possession of beer or wine during 1988 and 1989 and possession of marijuana in 1989, instead declaring that he had not been convicted of a criminal offense. The Commission also found that Mr. Simpson disclosed none of the convictions described above in his 2001 application for a broker license and also failed to disclose a 1998 conviction for possession of marijuana, again declaring he had not been convicted of any crime, and failed to report his 1998 conviction to the Commission in a timely fashion.

DAVID LOUIS SMITH, II (Reidsville) – By Consent, the Commission suspended the license of Mr. Smith for a period of six months effective April 20, 2006. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Smith failed to report convictions on his 1999 salesperson license application for misdemeanor Injury to Personal Property on October 21, 1997; misdemeanor Motorboat Without Lifesaving Device and misdemeanor Fishing Without a License on June 16, 1995; misdemeanor Assault Inflicting Serious Injury on June 2, 1993; and Speeding to Elude Arrest in December and Driving While License Revoked on December 1, 1993. The Commission noted that Mr. Smith did reveal more serious convictions at that time and revealed all his convictions on his 2005 broker application.

THOMAS J. STATON (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Staton for a period of two years effective September 1, 2005. The Commission then stayed the suspension for a probationary period of three years. The Commission found that Mr. Staton, in attempting to bring about a closing on a property he had listed and to assist potential buyers, prepared numerous documents that did not accurately reflect the actual facts of the proposed transactions for which these documents were intended and signed some of these documents for various parties without authority.

EDWARD V. SWINDELL (Greenville) – By Consent, the Commission reprimanded Mr. Swindell effective February 9, 2006. The Commission found that Mr. Swindell, a licensed real estate broker, was broker-in-charge of a real estate brokerage firm which acted as a dual agent in a sales transaction and negligently failed through its agents to disclose material facts related to the buyer’s ability to close the transaction. The Commission noted that the firm has since resolved the situation with the Complainants.

WILBUR H. TUCK, JR. (Surf City) – By Consent, the Commission suspended the salesperson license of Mr. Tuck for a period of six months effective March 15, 2006. Two months of the suspension were active with the remainder stayed for a probationary period of two years under certain conditions. The Commission found that Mr. Tuck failed to report to the Commission on his license application one conviction of Driving While Impaired and reported a second conviction of Driving While Impaired months after the time required by Commission rule. The Commission noted that Mr. Tuck cooperated with the Commission’s investigation and took appropriate measures to address the issues underlying these incidents.

DAVID A. URBEN (Wilimington).  By Consent, the Commission suspended the broker license of Mr. Urben for a period of one year effective June 1, 2006. One month of the suspension was active with the remainder stayed for a probationary period of 11 months on certain conditions. The Commission found that from 1995 until 2005, while Mr. Urben served as the qualifying broker and broker-in-charge of a licensed real estate firm, an associate of Mr. Urben’s office failed to renew his license or to take any continuing education, and that Mr. Urben failed to assure that he did so.

MICHAEL S. VARNER (Asheville) – By Consent, the Commission suspended the broker license of Mr. Varner for a period of six months effective March 15, 2006. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Varner failed to disclose his convictions for Possession of a Controlled Substance and Possession of Drug Paraphernalia in 1996. The Commission noted that Mr. Varner reported a DWI conviction in 2005.