Disciplinary Actions

JOSEPH J. AFONSO (Andrews) – By Consent, the Commission reprimanded Mr. Afonso effective May 1, 2004. The Commission found in a spot audit that Mr. Afonso failed to properly reference deposits and corresponding sales transactions ledgers, failed to maintain a personal funds ledger, and failed to maintain adequate reconciliations of his trust account on a monthly basis. The Commission noted that no consumers were harmed as a result.

ALBERT T. BACON, JR. (Lexington) – The Commission revoked the broker license of Albert T. Bacon, Jr., effective November 25, 2003. The Commission found that Mr. Bacon pleaded guilty to willfully taking immoral, improper and indecent liberties with a child and was incarcerated for four months and ordered to serve five (5) years of supervised probation and placed in the sexual offender control program. The Commission also found that Mr. Bacon refused to respond to Letters of Inquiry from the Commission and allowed his license to expire in June 2002.

RICK C. BLACK (Fayetteville) – By Consent, the Commission revoked the broker license of Mr. Black effective May 1, 2004. The Commission found that Mr. Black, a broker and rental agent during the period 1999 to 2003, failed to comply with Commission requests during 2003 for records of rent and deposit monies he received from clients and tenants.

WILLIAM J. BRINN, JR. (Chapel Hill) – By Consent, the Commission reprimanded Mr. Brinn effective February 12, 2004. The Commission found that Mr. Brinn, as broker-in-charge for a licensed firm engaged in on-site marketing of a residential subdivision, failed to adequately supervise the sales staff and advertising under his control with regard to future development plans and uses for a certain small area of the subdivision. Mr. Brinn neither admitted nor denied misconduct, but did not contest the findings of the Commission.

JOSEPH T. BUSH (Ponte Vedra, FL) – By Consent, the Commission accepted the voluntary surrender of the broker license of Mr. Bush for a period of two years effective March 1, 2004. The Commission dismissed without prejudice allegations that Mr. Bush had violated provisions of the Real Estate License Law and Commission rules. Mr. Bush neither admitted nor denied misconduct.

SUNNY A. CAUDLE (Waynesville) – By Consent, the Commission suspended the salesperson license of Ms. Caudle for a period of six months effective February 12, 2004. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Ms. Caudle represented in her 2002 salesperson license application that she had not been convicted of any crime when, in fact, she had been convicted of two misdemeanor offenses in 1996.

MARK E. CONNOR (Raleigh) – By Consent, the Commission suspended the salesperson license of Mr. Connor for a period of one month effective April 12, 2004. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Mr. Connor failed to disclose on his 1997 salesperson license application that he had been convicted of a misdemeanor larceny in 1992. The Commission noted that Mr. Connor had employed an attorney in 1996 to have the conviction expunged and did not receive the attorney’s communications that she had been unable to obtain an expungement. The Commission also noted that Mr. Connor did disclose the conviction on his 2003 broker license application.

ERIC CRAWFORD (Charlotte) – By Consent, the Commission revoked the salesperson license of Mr. Crawford effective February 1, 2004. The Commission found that Mr. Crawford, acting as a buyer agent in a transaction, failed to obtain a written buyer agency agreement. The Commission also found that Mr. Crawford falsely represented to the buyer that his company owned the property for which the buyer was making an offer to purchase when in fact Mr. Crawford’s company was under contract to purchase the property for $30,000 less than the price offered by the buyer.

MARY C. CUDE (Franklin) – The Commission accepted the voluntary surrender of the broker license of Ms. Cude for a period of two years effective April 1, 2004. The Commission dismissed without prejudice allegations that Ms. Cude had violated provisions of the Real Estate License Law and Commission rules. Ms. Cude neither admitted nor denied misconduct.

KIMON R. DAVIES (Carolina Beach) – By Consent, the Commission suspended the broker license of Mr. Davies for a period of six months effective May 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found in a spot audit that Mr. Davies as the principal broker and broker-in-charge of a real estate brokerage firm, failed maintain the trust account books and records in compliance with the Real Estate License Law and Commission rules. The Commission also found that Mr. Davies took an “advance” of $2,000 from his rental trust account for management fees not yet earned when such a disbursement was not permitted.

DAVIES REALTY COMPANY, LLC – (Carolina Beach) - By Consent, the Commission suspended the firm license of Davies Realty for a period of six months effective May 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found in a spot audit that Davies Realty failed to maintain the trust account books and records in compliance with the Real Estate License Law and Commission rules. The Commission also found that Davies Realty took an “advance” of $2,000 from its rental trust account for management fees not yet earned when such a disbursement was not permitted.

EAST POINTE, INC. (Hampstead) – By Consent, the Commission suspended the firm license of East Pointe for a period of one year effective March 15, 2004. The Commission then stayed the suspension for a probationary period of two years. The Commission found that East Pointe, a licensed firm broker, allowed one of its shareholders, licensed as a salesperson, to administer its vacation rental business without adequate supervision or control. The Commission also found that the salesperson embezzled trust funds belonging to others and to the firm. The Commission noted that East Pointe cooperated with the Commission investigation; its shareholders funded the trust account shortage to repay all consumers what was owed and made substantial improvements to its handling of vacation rental funds received for others during the Commission audit.

ANDREW GADRE, a.k.a. ATUL GADRE (Charlotte) – The Commission revoked the salesperson license of Mr. Gadre effective January 30, 2004. The Commission found that Mr. Gadre misrepresented in his 2001 salesperson license application the states in which he held a real estate license, his places of residence, his employment and whether any charges were pending against him in connection with any real estate license that he held. The Commission also found that Mr. Gadre failed to file with the Commission a written report of the disciplinary action taken against him by the Georgia Real Estate Commission within 60 days of the final order in the case and failed to disclose to the Commission at any time during his licensure his correct employment, residence and licensing history.

GEORGE P. GILLESPIE (Durham) – By Consent, the Commission suspended the broker license of Mr. Gillespie for a period of two years effective April 15, 2004. Three months of the suspension are to be active and the remainder stayed for a probationary period of two years. The Commission found that Mr. Gillespie accepted compensation from a seller of a parcel of land without having a written listing agreement with the seller as required by Commission rules.

MARIE C. HINTON (Fayetteville) – By Consent, the Commission suspended the broker license of Ms. Hinton for a period of one year effective April 1, 2004. The Commission then stayed the suspension for a probationary period of two years under certain conditions. The Commission found that Ms. Hinton, while acting as a broker-in-charge, failed to maintain trust account and transaction records in the manner required by Commission rules. The Commission noted that during its investigation Ms. Hinton voluntarily cooperated in reforming the record keeping system and accounting for all funds received by the firm.

JOHN C. HOOFF (Savannah, Georgia) – By Consent, the Commission reprimanded Mr. Hooff effective February 12, 2004. The Commission found that Mr. Hooff represented on his 2002 salesperson license application that he had not been convicted of any crime when, in fact, he had been convicted of Driving Under the Influence in 1997. The Commission noted that Mr. Hooff did disclose the conviction on his 2003 broker license application.

DUANE A. JORDAN (Greensboro) – By Consent, the Commission reprimanded Mr. Jordan effective February 12, 2004. The Commission found that Mr. Jordan represented on his 2002 salesperson license application that he had not been convicted of any criminal offenses when, in fact, he had been convicted of a simple worthless check charge in 1998, fishing without a license in 1989 and DWI in 1987. The Commission noted that he did disclose the convictions on his 2003 broker license application and that he did not appreciate that these offenses were criminal convictions.

LAMBETH OSBORNE REALTY, INC. (Greensboro) - By Consent, the Commission suspended the broker license of Lambeth Osborne Realty for a period of three months effective June 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found in a spot audit that Lambeth Osborne Realty failed to maintain its trust account records in compliance with Commission rules and that it had engaged in deficit spending, resulting in a shortage in its trust account.

MARIE HINTON REAL ESTATE, INC. (Fayetteville) – By Consent, the Commission reprimanded Marie Hinton Real Estate effective April 1, 2004. The Commission found that the firm failed to maintain trust account and transaction records in the manner required by Commission rules. The Commission noted that during its investigation the firm voluntarily cooperated in reforming the record keeping system and accounting for all funds received by the firm.

DOUGLAS P. MARSHALL (Durham) – By Consent, the Commission reprimanded Mr. Marshall effective March 15, 2004. The Commission found that Mr. Marshall in his 2000 broker license application failed to disclose a 1991 misdemeanor conviction of driving while impaired. The Commission noted that Mr. Marshall voluntarily disclosed the conviction upon learning that such disclosure was required.

CHER D. MCCLEARY (Charlotte) – Following a hearing on March 26, 2003, the Commission revoked the broker license of Ms. McCleary and further provided for the reinstatement of her salesperson license under certain conditions. The Commission found that Ms. McCleary made false statements on her January 2000 application for a salesperson license, and her December 2000 application for a broker license, concerning a judgment outstanding against her.  Ms. McCleary appealed to the Gaston County Superior Court, which affirmed the Commission’s decision. On February 4, 2004, by consent, Ms. McCleary became eligible for the reinstatement of her salesperson license under certain conditions.  Said license will be suspended for a period of one year, with the suspension stayed and Ms. McCleary placed on probation during the entire period. 

LAURA L. MOORE (Oak Island) – By Consent, the Commission suspended the salesperson license of Ms. Moore for a period of six months effective April 19, 2004. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Ms. Moore failed to disclose on her 2003 salesperson license application four misdemeanor convictions including two DWIs (1993 and 1994), Driving While License Revoked (1994), and Intoxicated and Disruptive (2001).

EDDIE B. MULLINS (Fayetteville) – By Consent, the Commission revoked the broker license of Mr. Mullins effective March 12, 2004. The Commission found that Mr. Mullins, acting as broker-in-charge of a property rental firm, failed to maintain trust account records and the funds of others entrusted to him in an escrow account, and could not account for monies entrusted to him as a real estate broker. Mr. Mullins neither admitted nor denied the Commission findings and conclusions.

HUGH D. OSBORNE (Greensboro) – By Consent, the Commission suspended the broker license of Mr. Osborne for a period of three months effective June 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found in a spot audit that Mr. Osborne failed to maintain his trust account records in compliance with Commission rules and that he had engaged in deficit spending, resulting in a shortage in his trust account. The Commission noted that Mr. Osborne fully funded his trust account, took the Basic Trust Account course, and no longer engages in deficit spending and that no consumers were harmed as a result.

JOSEPH C. PATTERSON, III (Charlotte) – By Consent, the Commission revoked the broker license of Mr. Patterson April 1, 2004. The Commission found that Mr. Patterson failed to obtain a license for a real estate brokerage firm he owned and operated, collected excess rent from a tenant and failed to account for it, and did not maintain trust account records in compliance with Commission rules. Mr. Patterson’s two trust accounts were short $8,500 and $34,000, respectively, and he could not account for the discrepancies. Mr. Patterson is eligible under certain circumstances to apply for a salesperson license.

KIMBERLY R. PRICE (Butner) – By Consent, the Commission suspended the broker license of Ms. Price for a period of six months effective October 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found that the North Carolina Secretary of State’s office revoked Ms. Price’s notary commission after it determined that Ms. Price, when applying for reappointment as a notary, used another notary’s seal and forged the other notary’s signature on her application for reappointment. The Commission noted that no consumers were harmed by Ms. Price’s conduct.

ROBERT V. RAY (Wake Forest) – By Consent, the Commission suspended the salesperson license of Mr. Ray for a period of six months effective March 15, 2004. The Commission then stayed the conviction for a probationary period of six months. The Commission found that Mr. Ray on his 2000 salesperson license application disclosed one driving while impaired conviction but failed to disclose a prior conviction for misdemeanor possession of marijuana and drug paraphernalia, two additional DWI’s and related offenses.

SPECTRUM INVESTMENT GROUP, INC. (Atlantic Beach) – By Consent, the Commission reprimanded Spectrum Investment Group. The Commission found that Spectrum Investment Group, a real estate firm engaged in vacation rental management was aware that its ledger system for individual owner accounts showed negative balances, and could not perform monthly reconciliation of its ledgers to journal and bank statements as required by Commission rule. The Commission noted that Spectrum Investment Group took the necessary steps to correct its accounting problems that arose from a failure by its employees to property utilize the computer software installed in the office in 2001.

KENT L. STANTON (Wilmington) – By Consent, the Commission suspended the salesperson license of Mr. Stanton for a period of six months effective April 19, 2004. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Mr. Stanton failed to disclose on his 1999 salesperson application convictions for underage drinking, driving while impaired, and misdemeanor unauthorized use of a “motor vehicle”, namely a bicycle, all of which occurred in the late 1980’s. The Commission noted that Mr. Stanton disclosed his entire criminal history on his 2003 broker license application.

ELIZABETH A. THOMASON (Dillsboro) – By Consent, the Commission suspended the broker license of Ms. Thomason for a period of 12 months effective June 1, 2004. The Commission found that Ms. Thomason, as broker–in-charge of a real estate brokerage firm, failed to keep proper and accurate records of monies belonging to others and entrusted to the firm and failed to reconcile the firm’s records with bank statements.

TRIAD REALTY & MANAGEMENT, INC. (Lexington) – By Consent, the Commission accepted the voluntary surrender of the firm license of Triad Realty & Management for a period of two years effective April 1, 2004. The Commission dismissed without prejudice allegations that Triad Realty & Management had violated provisions of the Real Estate License Law and Commission rules. Triad Realty & Management neither admitted nor denied misconduct.

KENNETH C. WAGNER (Atlantic Beach) – By Consent, the Commission reprimanded Mr. Wagner effective March 24, 2004. The Commission found that Mr. Wagner, as broker-in-charge of a real estate firm engaged in vacation rental management, was aware that the firm’s ledger system for individual owner accounts showed negative balances, but could not for over a year perform monthly reconciliation of its ledgers to journal and bank statements as required by Commission rule. The Commission noted that Mr. Wagner took the necessary steps to correct its accounting problems that arose from a failure by the firm’s employees to property utilize the computer software installed in the office in 2001.

JAMES E. YEZARSKI, JR. (New Bern) – By Consent, the Commission suspended the broker license of Mr. Yezarski for a period of four years effective September 1, 2003. The suspension was active until April 2004. Mr. Yezarski has been placed on probation for the remainder of the four-year period. The Commission found that Mr. Yezarski failed to disclose a 1993 conviction on the salesperson and broker license applications he submitted in 2000. The Commission also found that Mr. Yezarski was convicted of three other counts in 2002 and given a sentence of four to five months’ incarceration that was suspended for a probationary term ending in 2004.