Bulletin 2003 V34-1

Disciplinary Actions 

 

 

MAURICE E. BETHEA (Charlotte) – The Commission revoked the salesperson license of Mr. Bethea effective February 1, 2003. The Commission found that Mr. Bethea misrepresented to a listing agent and seller that he had collected earnest money from a buyer and that it was being held in a trust account. The Commission also found that Mr. Bethea made a false assertion to a listing agent that a buyer was pursuing a loan with another lender, conducted brokerage activities without the knowledge and supervision of his broker-in-charge and accepted commissions from someone other than his broker-in-charge.

JON M. BUTTERFIELD (Charlotte) – By Consent, the Commission suspended the salesperson license of Mr. Butterfield for a period of one year effective May 1, 2003. One month of the suspension is to be active with the remainder stayed for a probationary period of one year. The Commission found that Mr. Butterfield failed to report a misdemeanor conviction as required by Commission rules.

ROBERT E. DRAG, JR. (Cornelius) – By Consent, the Commission reprimanded Mr. Drag effective March 1, 2003. The Commission found that Mr. Drag, as broker-in-charge of a real estate brokerage firm, listed and sold property with advertising describing it as having a “True Water View” and then on his own adjacent property planted trees that would, over time, eliminate the view.

TERRY L. FERGUSON (Waynesville) – By Consent, the Commission suspended the broker license of Mr. Ferguson for a period of one year effective March 1, 2003. Ninety days of the suspension are to be active with the remainder stayed for a probationary period of one year upon certain conditions. The Commission found that Mr. Ferguson sold an incomplete townhouse. As part of the sales contract, he undertook to complete it, but failed to obtain the necessary permits and conveyed the property without a certificate of occupancy. The Commission also found that Mr. Ferguson, in another transaction, failed to establish and disclose an agency relationship with the parties, and drafted a contract securing the rights of the parties to the transaction without a license to practice law.

TINA M. HOWARD (Ocean Isle Beach) – By Consent, the Commission revoked the broker license of Ms. Howard effective March 3, 2003. The Commission found that Ms. Howard, while employed as a financial officer of a resort development and construction company, failed to keep complete and accurate financial records and to produce them for review. The Commission also found that Ms. Howard wrote checks from the company and other accounts for her own benefit and signed the owner’s name without authority.

BRYON N. JOHNSON (Erwin) – By Consent, the Commission suspended the broker license of Mr. Johnson for a period of five years effective May 1, 2003. The Commission found that Mr. Johnson pleaded guilty to and was convicted of the offense of assault with a deadly weapon inflicting serious injury.

KEN WEATHERBY & ASSOCIATES, INC. (Cornelius) – By Consent, the Commission suspended the firm license of Ken Weatherby & Associates for a period of one year effective May 1, 2003. The Commission then stayed the suspension for a probationary period of two years effective May 1, 2003. The Commission found that Ken Weatherby & Associates deposited a check payable to a landlord into its operating account when a portion of the amount of the check was owed to the landlord. The Commission also found that the landlord obtained a judgment for the amount and that judgment has been paid.

LAKE PROPERTIES, LTD (Cornelius) – By Consent, the Commission reprimanded Lake Properties effective March 1, 2003. The Commission found that Lake Properties, a real estate brokerage firm, listed and sold property with advertising describing it as having a “True Water View” and then the firm’s broker-in-charge on adjacent personally owned property planted trees that would, over time, eliminate the view.

JOHN K. MARKS (Greensboro) – By Consent, the Commission suspended the broker license of Mr. Marks for a period of one year effective March 15, 2003. The Commission then stayed the suspension for a probationary period of two years effective March 15, 2003. The Commission found that Mr. Marks unintentionally allowed his real estate license to expire June 30, 1999 while continuing to conduct a real estate brokerage office. The Commission noted that Mr. Marks, upon discovering that his license had expired, ceased his brokerage operations, applied for reinstatement and fully cooperated with the Commission in its investigation.

DOUGLAS J. MILLSAPS (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Millsaps for a period of one year effective May 1, 2003. The Commission then stayed the suspension for a probationary period of two years effective May 1, 2003. The Commission found that Mr. Millsaps failed to create and maintain trust account records as required by Commission rules.

PEELER/LAVECCHIA REAL ESTATE, INC. (Shelby) - By Consent, the Commission suspended the broker license of Peeler/LaVecchia Real Estate for a period of eight months effective January 1, 2002. The Commission then stayed the suspension effective January 1, 2002 for a probationary period of 11 months on certain conditions. The Commission found that Peeler/LaVecchia listed a subdivisionfor sale and continued to advertise it as having lakefront lots with direct access to the lake, state maintained streets and a common area with boat access for interior lots after knowing the developer would not be able to provide the amenities.

MARLENE G. PEELER (Shelby) – By Consent, the Commission suspended the broker license of Ms. Peeler for a period of eight months effective January 1, 2002. The Commission then stayed the suspension for a probationary period of 11 months on certain conditions. The Commission found that Ms. Peeler listed a subdivision for sale and continued to advertise it as having lakefront lots with direct access to the lake, state maintained streets and a common area with boat access for interior lots after she knew the developer would not be able to provide the amenities.

SKYNET REALTY, INC. (Charlotte) - The Commission accepted the voluntary surrender of the firm license of Skynet Realty for a period of one year effective May 1, 2003. The Commission dismissed without prejudice allegations that Skynet Realty violated provisions of the Real Estate License Law and Commission rules. Skynet Realty neither admitted nor denied misconduct.

ELIZABETH J. TURNER (Duck) – By Consent, the Commission suspended the salesperson license of Ms. Turner for a period of one year effective February 15, 2003. Thirty days of the suspension are to be active with the remainder stayed for a probationary period of one year. The Commission found that Ms. Turner failed to properly and timely report 1997 criminal convictions to the Commission until applying for a broker license in 2002. The Commission noted that Ms. Turner cooperated with the Commission in its investigation.

JACK R. WATTS (Fayetteville) – By Consent, the Commission reprimanded Mr. Watts effective April 1, 2003. The Commission found that Mr. Watts, as a real estate broker, negotiated an increase in his commission with a seller, purportedly to provide a bonus for an unlicensed assistant. The Commission also found that Mr. Watts did not pay the assistant any portion of the commission. The Commission noted that Mr. Watts later refunded the seller the difference.