Disciplinary Actions

MAX D. BALLINGER, JR. (Greensboro) — By Consent, the Commission revoked the broker license of Max D. Ballinger, Jr. effective July 31, 2003. The Commission found that Mr. Ballinger, acting as the broker-in-charge of a real estate firm, failed to present for Commission inspection records required by Commission rule.

BALLINGER PROPERTIES, INC. (Greensboro) — By Consent, the Commission revoked the firm license of Ballinger Properties, Inc. effective July 31, 2003. The Commission found that the firm failed to present for Commission inspection records required by Commission rule.

KIMBERLY L. BARLOW (Wake Forest) – By Consent, the Commission suspended the broker license of Ms. Barlow for a period of one year effective July 1, 2003. The Commission then stayed the suspension for a probationary period of 22 months upon certain conditions. The Commission found that Ms. Barlow failed to disclose to at least one consumer a referral fee arrangement with a listing agent for investment properties to whom she referred the consumer. The Commission also found that Ms. Barlow entered into a purchase contract that recited that it involved secondary financing when she had been told that the financing would be canceled without payment at or after closing. The Commission noted that none of these transactions closed.

WILLIAM M. BARNES (Corolla) – By Consent, the Commission suspended the broker license of Mr. Barnes for a period of one year effective October 1, 2003. The Commission then stayed the suspension for a probationary period of three years upon certain conditions. The Commission found that Mr. Barnes was convicted of entering an airport area while in possession of firearms in violation of federal security requirements, a misdemeanor. The Commission noted that Mr. Barnes disclosed the conviction within 60 days of judgment as required by Commission rules.

BODIE ISLAND BEACH CLUB, INC. (Nags Head) – The Commission accepted the permanent voluntary surrender of the time share registration certificate of Bodie Island Beach Club effective July 1, 2003. The Commission dismissed without prejudice allegations that Bodie Island Beach Club violated provisions of the Real Estate License Law and Commission rules. Bodie Island Beach Club neither admitted nor denied misconduct.

BODIE ISLAND REALTY, INC. (Nags Head) – By Consent, the Commission suspended the firm license of Bodie Island Realty for five years effective July 1, 2003. The Commission then stayed the suspension for a probationary period of five years upon certain conditions. The Commission found that Bodie Island Realty, while acting to sell and rent time shares for others and manage homeowner association funds, failed to maintain its records and trust accounts as required by the Real Estate License Law and Commission rules. Bodie Island Realty neither admitted nor denied but did not contest the findings.

C.F. LITTLE CONSTRUCTION, INC. (Concord) – By Consent, the Commission reprimanded CF Little Construction, Inc., effective July 1, 2003. The Commission found that the firm, as a listing agent of a subdivision, contracted to sell lots in one section prior to its final approval by the county. The Commission also found that the firm failed to provide agency disclosure to buyers as required by Commission rules.

LINDA M. CLARK (Fayetteville) – By Consent, the Commission reprimanded Ms. Clark effective May 1, 2003. The Commission found that Ms. Clark, as a salesperson and the selling agent for an in-house listing, was aware of the omission on the closing statement of a repair payment from sellers to buyers. The Commission found that Ms. Clark failed to deliver to the seller and buyer a complete closing statement of receipts and disbursements as required by the Real Estate License Law. The Commission noted that Ms. Clark did not intentionally cause or permit its omission from the accounting of all receipts and disbursements related to the closing.

BRAINARD L. CUMMINS (Dillsboro) – By Consent, the Commission revoked the broker license of Mr. Cummins effective July 1, 2003. The Commission found that Mr. Cummins, as a broker-in-charge, failed to properly document deposit tickets, canceled checks, or ledgers and failed to produce monthly reconciliations, and adequate property or owner ledgers for Commission inspection. The Commission further ordered that Mr. Cummins may apply for reinstatement of his salesperson license which will be granted on certain conditions.

CHARLES F. DAWKINS (Fayetteville) – By Consent, the Commission reprimanded Mr. Dawkins effective July 1, 2003. The Commission found that Mr. Dawkins, a broker, listed and sold a property and failed to disclose to the lender and closing attorney the receipt of a check from the sellers as a repair credit for the buyers and that he failed to provide the parties with an accurate accounting of all receipts and disbursements in connection with the closing.

SHIRLEY D. DELONG (High Point) – By Consent, the Commission suspended the broker license of Ms. DeLong for a period of six months effective October 1, 2003. The Commission then stayed the suspension effective October 1, 2003 under certain conditions. The Commission found that Ms. DeLong, acting as a listing and buyer agent, failed to provide written agency disclosures and failed to obtain a written buyer agency agreement. The Commission also found that Ms. DeLong represented the buyers’ home as being under contract when the offer had not been reduced to writing and failed to remove their home from the Multiple Listing Service when they attempted to cancel their listing agreement after discovering the property they intended to purchase was already under contract.

DELONG & ASSOCIATES, LTD. (High Point) - By Consent, the Commission suspended the firm license of DeLong & Associates for a period of six months effective October 1, 2003. The Commission then stayed the suspension effective October 1, 2003 under certain conditions. The Commission found that DeLong & Associates, acting as a listing and buyer agent, failed to provide written agency disclosures and failed to obtain a written buyer agency agreement. The Commission also found that DeLong & Associates represented the buyers’ home as being under contract when the offer had not been reduced to writing and failed to remove their home from the Multiple Listing Service when they attempted to cancel their listing agreement after discovering the property they intended to purchase was already under contract.

BARBARA A. DENNING (Goldsboro) – By Consent, the Commission suspended the salesperson license of Ms. Denning for a period of one year effective July 1, 2003. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Denning, as a bookkeeper, failed to keep complete and accurate records of trust monies as required by Commission rules.

SUSAN K. FARFOUR (Goldsboro) – By Consent, the Commission suspended the broker license of Ms. Farfour for a period of one year effective June 1, 2003. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Farfour failed to keep complete and accurate records of trust account funds as required by Commission rules.

LESLIE FERRELL (Lancaster, SC) – By Consent, the Commission suspended the broker license of Ms. Ferrell for a period of one year effective July 1, 2003. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Ferrell failed to disclose on her applications for both a real estate salesperson and broker license that she had three criminal convictions for issuing worthless checks and a fourth charge pending. The Commission noted that Ms. Ferrell was unaware of the pending charge, which had not been served, and paid all funds due.

MICHAEL G. GARRETT (Henderson) – By Consent, the Commission reprimanded Mr. Garrett effective May 14, 2003. The Commission found that Mr. Garrett, a broker and a notary public for the State of North Carolina, negligently performed a notarization in Virginia that appeared to have taken place in North Carolina and that his North Carolina notary public commission was revoked by the Secretary of State.

GARLAND B. GARRETT, JR. (Wilmington) – By Consent, the Commission suspended the salesperson license of Mr. Garrett for a period of two years effective October 1, 2003. The suspension shall be active until July 1, 2004, or until such time after March 1, 2004 as Mr. Garrett has been released from his placement in a community correction center. The remaining suspension will then be stayed for a probationary period of two years. The Commission found that Mr. Garrett was convicted in U.S. District Court of offenses relating to unlawful gaming.

GARLAND B. GARRETT, III (Wilmington) – By Consent, the Commission suspended the salesperson license of Mr. Garrett for a period of two years effective September 1, 2003. The Commission then stayed the suspension for a probationary period of two years. The Commission found that Mr. Garrett was convicted in U.S. District Court of an offense relating to unlawful gaming.

ANGELA B. HALL (Burlington) – By Consent, the Commission suspended for a period of 60 days the broker license of Ms. Hall effective July 1, 2003. The Commission then stayed the suspension under certain conditions for a probationary period of 12 months effective May 1, 2003. The Commission found that Ms. Hall learned that the developer of a lot had placed fill material on the property, that a house built on the lot would require a special foundation and that the lot owner would let the buyer exchange it for another. The Commission found that Ms. Hall did not disclose this information to the buyer in a timely fashion.

DANNY S. HOOD (Goldsboro) – By Consent, the Commission suspended the broker license of Mr. Hood for a period of two years effective July 1, 2003. The Commission then stayed the suspension for a probationary period of two years. The Commission found that Mr. Hood as a rental agent failed to keep complete and accurate records of trust monies as required by Commission rules. The Commission noted that no clients suffered loss and that the trust account records are now in compliance.

LINDA M. JACKSON (Morrisville) – By Consent, the Commission revoked the broker license of Ms. Jackson effective September 16, 2003. The Commission found that Ms. Jackson conducted brokerage services through a corporation that was not licensed by the Commission, paid various sums of money to buyers and others and received fees outside closing that were not disclosed on either the closing statements or to lenders in the transactions, failed to deposit funds collected on behalf of others into a trust account, listed properties for sale without a written listing agreement with the owners and falsely indicated that she or one of her business entities was the owner of the properties.

WILLIAM R. KENNEDY (Salisbury) – By Consent, the Commission suspended the broker license of Mr. Kennedy for a period of two years effective December 15, 2002. The Commission then stayed the suspension for a probationary period of three years on certain conditions. The Commission found that Mr. Kennedy failed to maintain his trust account records in the form and manner required by Commission rules.

JAMES B. LAND (New Bern) – The Commission accepted the voluntary surrender of the broker license of Mr. Land for a period of one year effective July 1, 2003. The Commission dismissed without prejudice allegations that Mr. Land violated provisions of the Real Estate License Law and Commission rules. Mr. Land neither admitted nor denied misconduct.

PATSY H. LITTLE (Concord) – By Consent, the Commission reprimanded Ms. Little effective July 1, 2003. The Commission found that Ms. Little, as a listing agent and developer of a subdivision, contracted to sell some lots in one section prior to its final approval by the county and failed to provide agency disclosure to buyers as required by the Commission. The Commission also found that Ms. Little failed to adequately supervise a salesperson by not requiring the salesperson to provide agency disclosure and failing to instruct the salesperson to wait until final county approval had been granted before selling lots.

ROBERT B. LOGAN (Goldsboro) – By Consent, the Commission suspended the broker license of Mr. Logan for a period of two years effective June 1, 2003. The Commission then stayed the suspension for a probationary period extending through June 30, 2005 upon certain conditions. The Commission found that Mr. Logan, as principal broker and broker-in-charge of a real estate firm, did not maintain the books and records for the trust account in full compliance with Commission requirements. The Commission noted that the firm has since brought its bookkeeping system into full compliance and that no harm had come to consumers.

GLENN E. MAGILL, JR. (Nags Head) – By Consent, the Commission revoked the broker license of Mr. Magill effective July 1, 2003. The Commission further ordered that Mr. Magill may apply for reinstatement of his salesperson license which may be granted under certain conditions. The Commission found that Mr. Magill, while serving as a time share registrar and project broker for a registered time share project, failed to implement adequate record systems as required by Commission rules, failed to properly record lien-free time share instruments as required by law, and did not properly maintain records of the funds received from others. Mr. Magill neither admitted nor denied, but does not contest, the Commission’s findings.

SANDRA A. MAGILL (Kitty Hawk) – By Consent, the Commission suspended the salesperson license of Ms. Magill for a period of two years effective July 30, 2003. The Commission then stayed the suspension for a probationary period of two years effective July 30, 2003. The Commission found that while Ms. Magill was in charge of trust accounts relating to time share sales for a real estate brokerage firm, she failed to document the purpose of several checks written to disburse funds from escrow accounts. Ms. Magill neither admitted nor denied, but does not contest, the Commission’s findings.

DENNIS D. MCGRAW (Durham) – By Consent, the Commission suspended the broker license of Mr. McGraw for a period of one year effective July 1, 2003. The Commission then reduced the suspension to an active period of 60 days effective July 1, 2003 and a probationary period of 12 months. The Commission found that Mr. McGraw, while engaged in rental property management, failed to properly maintain accurate and complete trust account records and was unable to identify the ownership of all the monies in his trust accounts at a time when the accounts did not contain sufficient funds to cover expenditures.

MCGRAW PROPERTY SERVICES, INC. (Durham) – By Consent, the Commission suspended the firm license of McGraw Property Services for a period of one year effective September 1, 2002. The Commission found that McGraw Property Services, while engaged in rental property management, failed to properly maintain accurate and complete records of deposits to trust accounts, did not maintain ledgers in the manner required by Commission rules and were unable to identify the ownership of all of the monies in their trust accounts at a time when the accounts did not contain sufficient funds belonging to clients to cover expenditures.

BONNIE H. MEELER (Roxboro) – By Consent, the Commission reprimanded Ms. Meeler effective July 1, 2003. The Commission found that Ms. Meeler operated a real estate firm without a broker-in-charge, failed to maintain a proper journal for the firm’s rent receipts trust account and complete ledgers for her earnest money and security deposit accounts. The Commission noted that the accounts were in balance and no client and customer funds were at risk.

AMADA V. MORRIS (Raleigh) – By Consent, the Commission suspended the broker license of Mr. Morris for a period of 30 days effective July 1, 2003. The Commission then stayed the suspension for a probationary period of 12 months effective August 1, 2003. The Commission found that Mr. Morris, as a broker-in-charge, failed to properly maintain adequate trust account records of properties he managed for others as required by Commission rules.

NEAL & RANDLE REAL ESTATE, LLC (Raleigh) – By Consent, the Commission revoked the firm license of Neal & Randle Real Estate effective May 1, 2003. The Commission found that Neal & Randle failed at its branch office to properly designate and reconcile a trust account and to maintain ledgers.

DENNIS L. PEELE (Goldsboro) – By Consent, the Commission suspended the broker license of Mr. Peele for a period of two years effective July 1, 2003. The Commission then stayed the suspension for a probationary period of three years. The Commission found that Mr. Peele, as broker-in-charge of a real estate firm, did not maintain trust account records in compliance with Commission rules. The Commission noted that Mr. Peele has since taken the Commission’s Basic Trust Account course and brought the trust account records into compliance.

MOTOKO K. PHILPOTT (Jacksonville) – The Commission ordered the suspension of the salesperson license of Ms. Philpott for a period of 60 months effective June 1, 2003. One year of the suspension is to be active, with the remainder stayed for a probationary period of 48 months effective June 1, 2004. The Commission found that Ms. Philpott possessed and delivered marijuana, and maintained a vehicle, dwelling and real estate office which were used for keeping or selling marijuana. The Commission further found that Ms. Philpott misrepresented material facts to the Commission in connection with the possession and delivery of marijuana.

CONNIE E. PINER (Durham) – By Consent, the Commission reprimanded Ms. Piner effective June 19, 2003. The Commission found that Ms. Piner, as a salesperson and acting as the owner of a real estate brokerage firm, failed to maintain under her possession and control the records of the firm for three years after the firm ceased to do business.

V. DAN PINER (Durham) – By Consent, the Commission reprimanded Mr. Piner effective June 19, 2003. The Commission found that Mr. Piner, as a salesperson and acting as the owner of a real estate brokerage firm, failed to maintain under his possession and control the records of the firm for three years after the firm ceased to do business.

JULIE M. RANDLE (Cary) – By Consent, the Commission revoked the broker license of Ms. Randle effective May 1, 2003. After November 1, 2003, Ms. Randle may apply for reinstatement of her salesperson license which will be granted under certain conditions. The Commission found that Ms. Randle, as a broker and rental agent for an individual, failed to deposit funds collected from tenants into a trust account and to properly account for the funds. The Commission also found that Ms. Randle, as broker-in-charge of a real estate firm, failed to properly designate and reconcile a trust account and to maintain ledgers.

ROGER W. RAY (Mebane) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Ray effective May 15, 2003. The Commission dismissed without prejudice allegations that Mr. Ray violated provisions of the Real Estate License Law and Commission rules. Mr. Ray neither admitted nor denied misconduct.

DANIEL L. SEAY (Franklin) – By Consent, the Commission reprimanded Mr. Seay effective June 18, 2003. The Commission found that Mr. Seay had been disciplined by the North Carolina General Contractors Licensing Board in a transaction unrelated to the real estate brokerage business.

DAVID A. SIMONINI (Charlotte) – By Consent, the Commission accepted the voluntary surrender of the broker license of Mr. Simonini for a period of two years effective October 1, 2003. The Commission dismissed without prejudice allegations that Mr. Simonini violated provisions of the Real Estate License Law and Commission rules. Mr. Simonini neither admitted nor denied misconduct.

RICHARD W. SNIPES (Greensboro) – By Consent, the Commission suspended the salesperson license of Mr. Snipes for a period of three years effective August 1, 2003. Six months of the suspension are to be active with the remainder stayed for a probationary term of three years. The Commission found that Mr. Snipes obtained a key to a home offered for rental by falsely representing that he would show the property to a prospective tenant and then moved into and unlawfully occupied the property until forced to vacate.

YUMA STORCH (Weddington) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Storch effective July 29, 2003. The Commission dismissed without prejudice allegations that Mr. Storch violated provisions of the Real Estate License Law and Commission rules. Mr. Storch neither admitted nor denied misconduct.

DAVID J. SZEMPRUCH (Arden) – The Commission ordered both the revocation of the broker license and the withdrawal of approval as a real estate pre-license instructor of Mr. Szempruch effective September 15, 2003. The Commission found that Mr. Szempruch failed to disclose on his pre-license instructor renewal application that he had been disciplined by the Florida Supreme Court in connection with his license to practice law and the Florida Department of Business and Professional Regulation in connection with his real estate broker license.

CRYSTAL A. THOMAS (Benson) – The Commission accepted the permanent voluntary surrender of the broker license of Ms. Thomas effective July 31, 2003. The Commission dismissed without prejudice allegations that Ms. Thomas violated provisions of the Real Estate License Law and Commission rules. Ms. Thomas neither admitted nor denied misconduct.

CONSTANCE A. VAN CUREN (Charlotte) – By Consent, the Commission reprimanded Ms. Van Curen effective July 30, 2003 and granted reinstatement of Ms. Van Curen’s salesperson license. The Commission found that Ms. Van Curen failed to disclose a DWI conviction within the required 60 days while previously licensed, but did make full disclosure in connection with her reinstatement application.

HARRY P. WADE (Burlington) – By Consent, the Commission reinstated Mr. Wade’s salesperson license effective July 30, 2003. The Commission then suspended it but stayed the suspension for a probationary period of two years. The Commission found that Mr. Wade had been convicted three times for driving while impaired.

WAYNE REALTY & INSURANCE CO. (Goldsboro) – By Consent, the Commission suspended the firm license of Wayne Realty for two years effective July 1, 2003. The Commission then stayed the suspension for a probationary period of two years. The Commission found that Wayne Realty did not maintain their trust account books and records in full compliance with Commission rules. The Commission noted that the firm has brought its bookkeeping system into full compliance and that no harm had come to consumers.

WILLIAM R. KENNEDY REALTY, INC. (Salisbury) - By Consent, the Commission suspended the firm license of William R. Kennedy Realty, Inc., for a period of two years effective December 15, 2002. The Commission then stayed the suspension for a probationary period of three years on certain conditions. The Commission found that the firm failed to maintain its trust account records in the form and manner required by Commission rules.