Disciplinary Actions

GEORGE B. ALLEN (Cherryville) – By Consent, the Commission revoked the broker license of Mr. Allen effective August 6, 2004. The Commission found that Mr. Allen pled guilty in September 2003 in United States District Court to three felony counts involving the possession and distribution of cocaine and was sentenced to 21 months in prison. The Commission also found that Mr. Allen pled guilty in December 2000 to two misdemeanor violations of hunting laws in Gaston County and failed to report these to the Commission as required and, in August 1984, was found guilty of misdemeanor communicating threats and trespass without a license in Gaston County. The Commission noted that Mr. Allen voluntarily disclosed the felony criminal convictions.

ATLANTIC INLAND PROPERTIES, INC. (Greensboro) – The Commission revoked the firm license of Atlantic Inland Properties effective June 1, 2004. The Commission found that Atlantic Inland Properties, a real estate firm, failed to properly deposit and maintain on deposit in designated trust or escrow accounts all funds received for others and failed to account for those funds to their owners. The Commission also found that Atlantic Inland Properties acted outside the supervision of the firm’s broker-in-charge, continued to receive funds of others while on inactive status, allowed unlicensed persons to have access to and withdraw money from a trust account of the firm and undertook to manage a property when the firm had no authority to do so.

JOSEPH W. BELL (Pollocksville) – By Consent, the Commission revoked the salesperson license of Mr. Bell effective September 9, 2004. The Commission found that Mr. Bell failed to timely report convictions in 2002 for driving while impaired and assault on a government official in connection with a domestic dispute, and failed to respond to the Commission’s Letters of Inquiry concerning these matters.

CLIFFORD G. BLAKELY (Kill Devil Hills) – By Consent, the Commission reprimanded Mr. Blakely effective September 10, 2004 on condition that he not engage in association management while licensed by the Commission. The Commission found that Mr. Blakely, as broker-in-charge of a real estate firm engaged in association management, failed to maintain records for association funds in the manner required by Commission rule.

BLUEGREEN CAROLINA LANDS, LLC (Boca Raton, Florida) – By Consent, the Commission reprimanded Bluegreen Carolina Lands effective July 19, 2004. The Commission found that Bluegreen Carolina Lands failed to accurately answer a question on its firm application regarding the license history of its sole shareholder.

MARY ANN BOWERS (Sherrills Ford) – By Consent, the Commission suspended the salesperson license of Ms. Bowers for a period of three months effective July 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Bowers, as a salesperson with a real estate brokerage firm, obtained written listing agreements on behalf of another broker and real estate brokerage firm without the knowledge of her broker-in-charge. Ms. Bowers then left the firm with which she had been associated and went to work for the other firm.

ANTHONY R. BRIGGS (Southport) – By Consent, the Commission revoked the broker license of Mr. Briggs effective August 1, 2004. The Commission found that Mr. Briggs, as broker-in-charge and principal broker of a real estate brokerage firm, failed to maintain funds belonging to real estate clients and customers in a trust account, failed to maintain adequate records of said funds and converted money belonging to others to his own use. Mr. Briggs neither admitted nor denied the Commission’s findings.

NEAL A. CHASTAIN, II (Dillsboro) – By Consent, the Commission accepted the one-year voluntary surrender of the broker license of Mr. Chastain effective July 19, 2004. The Commission dismissed without prejudice allegations that Mr. Chastain had violated provisions of the Real Estate License Law and Commission rules. Mr. Chastain neither admitted nor denied misconduct.

COASTAL CAROLINAS REALTY, INC. (Ocean Isle) – By Consent, the Commission reprimanded Coastal Carolinas Realty effective June 30, 2004. The Commission found that Coastal Carolinas Realty failed to maintain trust account records accurately and in compliance with Commission rules between August 2000 and August 2002. The Commission noted that Coastal Carolinas Realty subsequently undertook corrective measures to bring the trust account records into compliance.

SHIRLEY D. COLEMAN (Dillsboro) – By Consent, the Commission suspended the salesperson license of Ms. Coleman for a period of six months effective July 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Coleman, as a buyer agent, agreed to accept as payment of her commission a promissory note secured by a deed of trust and made payable personally to her rather than to the real estate brokerage firm with which she was associated. The Commission noted that Ms. Coleman has acknowledged that any commission is due the firm rather than her personally and has agreed to assign the note to the firm.

CONCEPT 2000 REALTY, INC. (Raleigh) – By Consent, the Commission revoked the firm license of Concept 2000 Realty effective August 1, 2004. The Commission found that Concept 2000 Realty, acting as a real estate broker for sellers, failed to advertise as promised the properties it listed and abandoned its clients. The Commission also found that Concept 2000 Realty refused to respond to a Letter of Inquiry concerning complaints made by the clients. The Commission noted that Concept Realty 2000 refunded to one client certain monies paid to it as fees.

MARY P. COOPER (Fayetteville) – By Consent, the Commission suspended the salesperson license of Ms. Cooper for a period of one year effective July 1, 2004. The Commission then stayed the suspension for a probationary period of two years. The Commission found that Ms. Cooper had exclusive control of the property management trust account and without the benefit of supervision from her broker-in-charge, failed to reconcile the trust account on a monthly basis and failed to maintain evidence of any attempt to reconcile the account. The Commission also found that Ms. Cooper engaged in deficit spending from the property management trust account.

ROBERT J. CRAIG (Hiwassee) – By Consent, the Commission suspended the broker license of Mr. Craig for a period ninety days effective July 1, 2004. The Commission then stayed the suspension for a probationary term. The Commission found that Mr. Craig submitted an offer to purchase a lot to the seller and then neglected to notify the buyers of the seller’s acceptance of the offer. The Commission also found that Mr. Craig inaccurately informed the seller that the buyers would not qualify for financing.

JAMES DAVID DUNAWAY (Cashiers) – By Consent, the Commission suspended the broker license of Mr. Dunaway for a period of one year effective November 1, 2004. Six months of the suspension were to be active with the remainder stayed for a probationary period. The Commission found that Mr. Dunaway failed to disclose on his application for a broker license by reciprocity a 1979 criminal conviction for aggravated assault in Louden County, Tennessee. The Commission also found that in August, 2000, Mr. Dunaway received a deferred prosecution and was placed on probation after pleading guilty to two counts of theft by conversion stemming from his handling of money borrowed from lenders in support of his automobile leasing business. The Commission noted that Mr. Dunaway was cooperative throughout the Commission’s investigation.

FIVE STAR REALTY, INC. (Fayetteville) – By Consent, the Commission suspended the firm license of Five Star Realty for a period of one year effective July 1, 2004. The Commission then stayed the suspension for a probationary period of two years. The Commission found that Five Star Realty’s rental trust account was short $1,700 and that Five Star Realty failed to perform monthly reconciliations or prepare monthly trial balances, and routinely collected less than the full amount of tenant security deposits.

DAVID B. GLADNEY (Fayetteville) – By Consent, the Commission suspended the broker license of Mr. Gladney for a period of one year effective July 1, 2004. The Commission then stayed the suspension for a probationary period of two years. The Commission found that Mr. Gladney, while principal broker and broker-in-charge of a real estate firm, failed to respond to Letters of Inquiry. The Commission also found that Mr. Gladney’s rental trust account was short $1,700 and that he failed to perform monthly reconciliations, and routinely collected less than the full amount of tenant security deposits.

HARVEY W. GOUCH (Cornelius) – The Commission revoked the broker license of Mr. Gouch effective October 1, 2004. The Commission found that Mr. Gouch, as a licensed broker failed to completely and adequately respond to letters of inquiry from the Commission, failed to create and maintain records of a real estate transaction, failed to make those records he did have available to the Commission upon request, and failed to provide the purchaser in the transaction with a copy of the purchase contract at the time the contract was entered and after receiving partial payment of $11,000 for the property.

RONALD S. GREENE (Winston-Salem) – By Consent, the Commission accepted the voluntary permanent surrender of the broker license of Mr. Greene effective July 28, 2004. The Commission dismissed without prejudice allegations that Mr. Greene had violated provisions of the Real Estate License Law and Commission rules. Mr. Greene neither admitted nor denied misconduct.

SANDRAHOLLIDAY-HOWELL (Wilmington) – By Consent, the Commission revoked the broker license of Ms. Holliday-Howell effective June 17, 2004. The Commission found that, while serving as broker-in-charge of a real estate firm, Ms. Holliday-Howell and a broker associate wrote checks against the firm’s operating account without authority and that she converted over $60,000 to her own benefit.

DONALD W. HOWARTH (Bald Head) – By Consent, the Commission reprimanded Mr. Howarth effective June 1, 2004. The Commission found that Mr. Howarth, acting as listing agent in a transaction, did not fully investigate and relate accurate property boundaries to buyers. As a result, the buyers purchased a vacant lot other than the one they intended to purchase. The Commission noted that Mr. Howarth entered into a satisfactory settlement with the buyers, enabling them to secure the property they originally intended to purchase, and that the buyers have listed other properties they own with Mr. Howarth’s firm.

J&W ENTERPRISES, INC. (Dillsboro) – By Consent, the Commission accepted the one-year voluntary surrender of the firm license of J&W Enterprises effective May 1, 2004. The Commission dismissed without prejudice allegations that J&W Enterprises had violated provisions of the Real Estate License Law and Commission rules. J&W Enterprises neither admitted nor denied misconduct.

ROBERT D. JONES (Raleigh) - By Consent, the Commission suspended the salesperson license of Robert D. Jones for a period of nine months effective May 11, 2004. The Commission then stayed the suspension for a probationary period of nine months. The Commission found that Mr. Jones failed to disclose certain criminal convictions between the years 1987 and 1995 on his 1998 salesperson license application. The Commission noted that Mr. Jones did disclose the convictions on his 2003 broker application.

JORDAN LAKE PRESERVE CORPORATION (Pittsboro) – By Consent, the Commission reprimanded Jordan Lake Preserve Corporation effective July 19, 2004. The Commission found that Jordan Lake Preserve Corporation failed to accurately answer a question in its firm license application regarding the prior history of its sole shareholder. The Commission noted that Jordan Lake Preserve Corporation, on its own initiative and before the Commission was aware of the error, voluntarily disclosed the error and submitted corrected information.

BONNIE L. KEELING (Snow Camp) – The Commission revoked the salesperson license of Ms. Keeling effective June 1, 2004. The Commission found that Ms. Keeling, as principal of a real estate firm, failed to properly deposit and maintain on deposit in designated trust or escrow accounts all funds received for others and failed to account for those funds to their owners. The Commission also found that Ms. Keeling acted outside the supervision of her broker-in-charge, continued to receive funds of others while on inactive status, allowed unlicensed persons to have access to and withdraw money from a trust account of the firm and undertook to manage a property when she had no authority to do so.

ERIC S. KENNEDY (Mount Olive) - By Consent, the Commission suspended the salesperson license of Mr. Kennedy for a period of six months effective June 16, 2004. The suspension was then stayed for a probationary period of six months. The Commission found that Mr. Kennedy failed to disclose two misdemeanor convictions on a 1993 application to the Commission. The Commission also found that Mr. Kennedy failed to disclose three additional misdemeanor convictions (all related to driving) after he was licensed. The Commission noted that Mr. Kennedy properly revealed his criminal history in connection with his broker license application.

SHARON M. LANE a/k/a SCARLETT SIMMONS (Raleigh) — By Consent, the Commission revoked the broker license of Ms. Lane effective September 30, 2004. The Commission found that Ms. Lane used the alias Scarlett Simmons. She listed both names as officers and directors on her firm license application and thereby obtained her license by false or fraudulent representation. The Commission also found that Ms. Lane knowingly operated her firm under a new name without meeting the Commission’s name change requirements. In 1998, Ms. Lane deeded property under the name Scarlett Simmons and falsely told the closing attorney that Scarlett Simmons was her mother. In 1999, she gave a creditor a deed of trust in the name Scarlett Simmons and then notarized her own signature using the notary certificate issued in the name Sharon Lane.  Finally, the Commission found that Ms. Lane obtained driver licenses and social security numbers in both names.

LOGGERHEAD REALTY, LLC (Southport) – By Consent, the Commission revoked the firm license of Loggerhead Realty effective August 1, 2004.  The Commission found that Loggerhead Realty failed to maintain funds belonging to others in a trust account and failed to maintain adequate records of said funds. Loggerhead Realty neither admitted nor denied the Commission’s findings.

ELIZABETH B. MARKHAM (Raleigh) – By Consent, the Commission reprimanded Ms. Markham effective July 1, 2004. The Commission found that Ms. Markham, acting as listing agent for a residential property, failed to discover and disclose information about a planned road construction project that would impact the property, even though MLS listings for other properties in the subdivision included such disclosures. The Commission noted that Ms. Markham cooperated with the Commission in the investigation of the matter and voluntarily entered into a civil settlement with the purchaser.

PATRICK L. MCSWAIN (Gastonia) – By Consent, the Commission suspended the salesperson license of Mr. McSwain for a period of six months effective June 17, 2004. The Commission then stayed the suspension for a probationary period of six months. The Commission found that Mr. McSwain failed to disclose on his 2003 salesperson license application two misdemeanor convictions.

GERRARD A. MILLER (Charlotte) – By Consent, the Commission reprimanded Mr. Miller effective August 1, 2004. The Commission found that Mr. Miller failed to disclose a 1996 conviction of the misdemeanor charge of injury to real property on both his 1999 salesperson license application and on a 2003 license reinstatement application. The Commission noted that Mr. Miller did submit a criminal record check, as required by the new application, which revealed the conviction.

KRISTI A. MILLER (Sanford) – By Consent, the Commission suspended the broker license of Ms. Miller for a period of six months effective June 1, 2004. One month of the suspension is to be active with the remainder stayed for a probationary period of  12 months under certain conditions. The Commission found that Ms. Miller, as broker-in-charge of a real estate brokerage firm, failed to maintain the firm’s trust account records in compliance with the Real Estate License Law and Commission rules, resulting in an overage in the account. The Commission noted that Ms. Miller’s license was on inactive status at the time of its order.

KAREN FAITH MIMS (Four Oaks) – By Consent, the Commission reprimanded Ms. Mims effective September 1, 2004. The Commission found that Ms. Mims, as a real estate broker and certified appraiser, performed approximately eight appraisals containing inaccurate or incomplete information and submitted them to lenders to be used for purposes of obtaining loans.

MORRISON FAMILY REALTY, INC. (Raleigh) – By Consent, the Commission revoked the firm license of Morrison Family Realty, Inc., effective September 30, 2004.  The Commission found that Morrison Family Realty, in applying for a firm broker license in 1998, listed two different names as officers and shareholders of the corporation when the names actually represented one person, thus obtaining a firm license by false and fraudulent representation. The Commission also found that in 1999 the firm notified the Commission of a change in its corporate name and, when informed of the items it was required to submit to the Commission to change the name, failed to submit the required items and proceeded to operate under the new name anyway.

AMANDA W. PEELER (Mebane) – By Consent, the Commission suspended the salesperson license of Ms. Peeler for a period of one year effective July 28, 2004. The Commission found that Ms. Peeler failed to disclose a 1999 misdemeanor criminal conviction of “indignities to a police officer” on both her salesperson and broker license applications.

ELLA PETERSON-ROMAN (Greensboro) – By Consent, the Commission revoked the broker license of Ms. Peterson-Roman effective October 1, 2004. The Commission found that Ms. Peterson-Roman, as broker and manager for owners of rental properties, failed to maintain the funds of others in her possession in a trust account, and failed to maintain the records of said funds so as to create a clear audit trail. The Commission also found that Ms. Peterson-Roman failed to account for and remit trust monies, that checks drawn on her trust account were not paid by her bank due to insufficient funds, and that her liability for money belonging to others exceeded the balance on deposit by more than $30,000.

SHERI PHARES-MORITZ (Raleigh) – By Consent, the Commission suspended the broker license of Ms. Phares-Moritz for a period of six months effective August 1, 2004. One month of the suspension was active with the remainder stayed for a probationary period of 12 months. The Commission found that Ms. Phares-Moritz, acting as a real estate broker for sellers, failed to advertise as promised the properties listed by her and abandoned her clients. The Commission also found that Ms. Phares-Moritz refused to respond to a Letter of Inquiry concerning complaints made by the clients. The Commission noted that Ms. Phares-Moritz refunded to one client certain monies paid to her as fees.

CHRISTIAN L. PIGOTT (Ocean Isle Beach) – By Consent, the Commission suspended the salesperson license of Mr. Pigott for a period of nine months effective October 1, 2004. Three months of the suspension are to be active with the remainder stayed for a probationary period of six months. The Commission found that Mr. Pigott, on both his July 2003 salesperson license application and September 2003 broker license application, falsely stated that he had been convicted of only one criminal offense when in fact he had been convicted of four additional offenses: Resisting a Public Officer, Possession of Marijuana, and Reckless Driving (all in 1994) and Reckless Driving to Endanger (2003).

LINDA L. REAVES (Ocean Isle) – By Consent, the Commission reprimanded Ms. Reaves effective June 30, 2004. The Commission found that Ms. Reaves, as principal broker and broker-in-charge of a real estate firm between August 2000 and August 2002, failed to maintain trust account records accurately and in compliance with Commission rules. The Commission noted that Ms. Reaves subsequently undertook corrective measures to bring the trust account records into compliance.

RICHARD G. RICOZZI (Charlotte) – By Consent, the Commission reprimanded Mr. Ricozzi effective July 1, 2004. The Commission found that Mr. Ricozzi, while an active licensed salesperson and an appraiser certified by the North Carolina Appraisal Board, failed to report to the Real Estate Commission a disciplinary action by the Appraisal Board, as required by Commission rules.

SEA RANCH REALTY, INC. (Kill Devil Hills) – By Consent, the Commission reprimanded Sea Ranch Realty effective September 10, 2004 on condition that it not engage in homeowner association management while licensed by the Commission. The Commission found that Sea Ranch Realty, a real estate firm engaged in association management, failed to maintain records for association funds in the manner required by Commission rule.

ANN S. SHIELDS (Pfafftown) – By Consent, the Commission accepted the voluntary surrender of the salesperson license of Ms. Shields for a period of five years effective July 21, 2004. The Commission dismissed without prejudice allegations that Ms. Shields had violated provisions of the Real Estate License Law and Commission rules. Ms. Shields neither admitted nor denied misconduct.

J. C. SMITH (Hickory) – By Consent, the Commission suspended the broker license of Mr. Smith for a period of six months effective July 1, 2004. The Commission then stayed the suspension. The Commission found that Mr. Smith, as principal broker and broker-in-charge of a real estate firm, did not act as the firm’s broker-in-charge and failed to supervise the salesperson employed at the firm.

BOOKER T. TATE (Durham) – By Consent, the Commission revoked the salesperson license of Mr. Tate effective August 24, 2004. The Commission found that Mr. Tate, while operating a real estate brokerage office, failed to properly deposit, maintain on deposit, account for, or remit to those entitled, the funds of others received by him in his capacity as a real estate licensee. Mr. Tate neither admitted nor denied, but did not contest, the Commission findings.

JOAN A. TERHUNE-WALDRON (Hampstead) – By Consent, the Commission revoked the salesperson license of Ms. Terhune-Waldron effective July 19, 2004. The Commission found that Ms. Terhune-Waldron, while in charge of a vacation rental trust account, failed to properly deposit and disburse the funds of others received as a licensee.

WAYNE T. YOUNTS REALTY AND CONSTRUCTION, INC. (Fayetteville) - By Consent, the Commission suspended the firm license of Wayne T. Younts Realty & Construction for a period of one year effective July 1, 2004. The Commission then stayed the suspension for a probationary period one year. The Commission found that Wayne T. Younts Realty & Construction, as a real estate firm broker, failed to maintain its trust account books and records in compliance with the License Law and Commission rules. The Commission noted that no consumers were harmed as a result and the firm’s books and records are now being maintained as required.

KATHY G. WILLIAMS (Maiden) – By consent, the Commission suspended the broker license of Ms. Williams for a period of six months effective July 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Ms. Williams, as broker-in-charge of a real estate brokerage firm, permitted a salesperson employed by another firm and under the supervision of that firm’s broker-in-charge, to obtain written listing agreements on her firm’s behalf without the knowledge of the salesperson’s broker-in-charge. The salesperson then left the firm with which she had been associated and went to work for Ms. Williams’ firm.

JOSEPH H. WILLIAMS (Butner) – By Consent, the Commission revoked the broker license of Mr. Williams effective July 28, 2004. The Commission found that Mr. Williams, while acting as broker-in-charge of a real estate brokerage firm, failed to properly deposit, maintain on deposit, account for, or remit to those entitled, the funds of others received by persons under his supervision in his capacity as a real estate licensee. Mr. Williams neither admitted nor denied the Commission’s findings.

ANNER E. WILLIS (Durham) – By Consent, the Commission reprimanded Ms. Willis effective July 1, 2004. The Commission found that Ms. Willis, as a real estate broker and doing business as Willis Realty, failed to maintain her trust account books and records in accordance with the Real Estate License Law and Commission rules. The Commission noted that Ms. Willis has since taken the Basic Trust Account course and changed her record-keeping to bring the accounts into compliance and that no consumers were harmed as a result of her conduct.

MARC H. WILSON (Celebration, Florida) – By Consent, the Commission reprimanded Mr. Wilson effective May 13, 2004. The Commission found that Mr. Wilson, as broker-in-charge of a real estate office, failed to deposit credit card receipts in a trust account in North Carolina, resulting in the trust account records failing to balance to the trust account bank statements. The Commission noted that no consumer funds were lost and the trust account was brought into balance.

LEROY W. YATES (Rockingham) – By Consent, the Commission revoked the broker license of Mr. Yates effective June 1, 2004, but agreed to grant an application by him for a salesperson license upon certain conditions. The Commission found that Mr. Yates, as broker-in-charge of his own real estate office, was unable to properly maintain the trust account records in the manner required by Commission rule. The Commission noted that Mr. Yates cooperated with the Commission investigation and was resolving the accounting problems by closing out his business.

WAYNE T. YOUNTS (Fayetteville) – By Consent, the Commission suspended the broker license of Mr. Younts for a period of one year effective July 1, 2004. The Commission then stayed the suspension for a probationary period of one year. The Commission found that Mr. Younts, as principal broker and broker-in-charge of a real estate brokerage firm, failed to maintain his trust account books and records in compliance with the License Law and Commission rules. The Commission noted that no consumers were harmed as a result, and Mr. Younts’ books and records are now being maintained as required.