Disciplinary action

Penalties for violations of the Real Estate License Law and Commission Rules vary depending upon the particular facts and circumstances present in each case. Due to space limitations in the Bulletin, a complete description of such facts cannot be reported in the following Disciplinary Action summaries.

LINDA CAROL BENNETT (Fayetteville) - By Consent, the Commission revoked Ms. Bennett's salesman license effective May 6, 1996. The Commission found that Ms. Bennett, over a period of approximately 11/2 years, while she was employed as a rental manager by a real estate brokerage company, had converted at least $52,000 of trust monies to her own use. Ms. Bennett neither admitted nor denied any misconduct.

CHARLOTTE C. BYRD (Brevard) - The Commission revoked Ms. Byrd's broker license effective September 1, 1996. The Commission found that in a real estate transaction involving the sale of her personal residence, Ms. Byrd had agreed to owner-finance a portion of the purchase price in exchange for a second deed of trust and had failed to disclose to the buyers her settlement agreement with the bank for release of an existing judgment against the property. The Commission further found that Ms. Byrd had failed to honor any part of her settlement agreement with the bank including failure to remit the buyers' monthly payments to the bank or to direct the buyers to do so and that she had failed to deposit the buyers' payments into a trust account; consequently, the loan went into default.

OLIVER L. BYRD (Brevard) - The Commission revoked Mr. Byrd's broker license effective September 1, 1996. The Commission found that in a real estate transaction involving the sale of his personal residence, Mr. Byrd had agreed to owner-finance a portion of the purchase price in exchange for a second deed of trust and had failed to disclose to the buyers his settlement agreement with the bank for release of an existing judgment against the property. The Commission further found that Mr. Byrd had failed to honor any part of his settlement agreement with the bank including failure to remit the buyers' monthly payments to the bank or to direct the buyers to do so and that he had failed to deposit the buyers' payments into a trust account; consequently, the loan went into default.

BYRD REALTY OF BREVARD, INC. (Brevard) - The Commission revoked Byrd Realty of Brevard, Inc.'s corporate real estate broker license effective September 1, 1996. The Commission found that in a real estate transaction involving the sale of his personal residence, the corporation's president, principal broker and broker-in-charge, acting on behalf of Byrd Realty of Brevard, Inc. had agreed to owner-finance a portion of the purchase price in exchange for a second deed of trust and had failed to disclose to the buyers his settlement agreement with the bank for release of an existing judgment against the property. The Commission further found that he had failed to honor any part of his settlement agreement with the bank including failure to remit the buyers' monthly payments to the bank or to direct the buyers to do so and that he had failed to deposit the buyers' payments into a trust account; consequently, the loan went into default.

WILLIAM C. DETAMBLE (Banner Elk) - By Consent, the Commission suspended Mr. DeTamble's broker license for one year effective June 11, 1996. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Mr. DeTamble, while serving as broker-in-charge of a resort rental operation, had been unable to obtain from his employer the resources necessary to properly account for the funds of others received by the firm, and that he thereby neglected his duty to maintain the trust account records in the form and manner required by Commission rule.

WANDA L. FISHER (Jacksonville) - The Commission accepted the voluntary surrender of Ms. Fisher's broker license for three years effective July 18, 1996. The Commission dismissed without prejudice charges that Ms. Fisher had violated the Real Estate License Law and Commission rules as a result of her conduct as a real estate broker acting as an agent for others. Ms. Fisher neither admitted nor denied any misconduct.

RAY GARNER, JR. (Brevard) - By Consent, the Commission suspended Mr. Garner's broker license for six months effective June 1, 1997. The suspension has been stayed for a probationary term of one year. The Commission found that Mr. Garner had sold a residential building lot without disclosing to the buyer the terms of an easement to preserve the view from an adjoining lot. The Commission noted that Mr. Garner had asked the buyer's attorney to include the easement in the deed to the buyer and that he had believed that the attorney would show the easement to the buyer. Mr. Garner neither admitted nor denied any misconduct.

JOHNNY H. GRAHAM, JR. (Greenville) - By Consent, the Commission revoked Mr. Graham's salesman license effective May 6, 1996. The Commission found that Mr. Graham had collected cash payments from tenants who occupied properties managed by the firm with which he was associated and had converted certain of those funds to his own use. The Commission further found that Mr. Graham had written checks to the firm's escrow account to cover the monies he converted, but that his bank had returned at least $8,315 of his checks for insufficient funds and the escrow account had been charged back for the amounts of the checks. ~The Commission noted that Mr. Graham subsequently repaid $8,315 to the firm.

JERRY C. HOFFMAN (Boone) - The Commission revoked Mr. Huffman's broker license effective September 1, 1996. The Commission found that Mr. Huffman had failed to deposit tenant security deposit money into a trust account and had instead commingled trust monies with his own. The Commission further found that Mr. Huffman had misrepresented to tenants in his lease form that he was holding their security deposits in a trust account and that although his checks bore the words "Trust Account," Mr. Huffman had instead employed the account as a general operating account. The Commission also found that Mr. Huffman had failed to maintain ledgers, journals, check stubs or other records of tenant security deposit funds sufficient to create a clear audit trail; had failed to produce records of the funds he held for others when requested to do so by the Commission's representative; and had failed to cooperate with the Commission's inquiry into his trust account books and records.

J.L.B. PROPERTY MANAGEMENT, INC. (Jacksonville) - The Commission accepted the permanent voluntary surrender of J.L.B. Property Management, Inc.'s corporate real estate broker license effective July 18, 1996. The Commission dismissed without prejudice charges that J.L.B. Property Management, Inc. had violated the Real Estate License Law and Commission rules as a result of its conduct as a real estate corporation acting as an agent for others. J.L.B. Property Management, Inc. neither admitted nor denied any misconduct.

J.L.B. REALTY, INC. (Jacksonville) - The Commission accepted the permanent voluntary surrender of J.L.B. Realty, Inc.'s corporate real estate broker license effective July 18, 1996. The Commission dismissed without prejudice charges that J.L.B. Realty, Inc. had violated the Real Estate License Law and Commission rules as a result of its conduct as a real estate corporation acting as an agent for others. J.L.B. Realty, Inc. neither admitted nor denied any misconduct.

GEORGE E. MIDGETT (Raleigh) - By Consent, the Commission reprimanded Mr. Midgett effective August 1, 1996. The Commission found that during the time Mr. Midgett was acting as principal broker and broker-in-charge of a corporate broker, unlicensed employees under his supervision had performed acts which required a real estate license; namely, soliciting right-of-way and easement agreements.

SANDRA N. MOLLBERG (Salisbury) - By Consent, the Commission suspended Ms. Mollberg's broker license for three years effective August 1, 1996. Six months of the suspension are to be active and the remaining period stayed for a probationary term of two years and six months. The Commission found that Ms. Mollberg had assisted parties in preparing a contract reflecting a purchase price of $150,000 for a property which she had listed for sale and which she knew to have a true purchase price of $250,000.

BOBBETTE K. PYNE (Hickory) - By Consent, the Commission suspended Ms. Pyne's broker license for six months effective October 1, 1996. Thirty days of the suspension are to be active and the remaining period stayed for a probationary term of five months. The Commission found that Ms. Pyne, in 1992, believing information supplied by the sellers that property Ms. Pyne had listed for sale did not have a significant or recurring leakage problem, had failed to disclose to buyers or their agent that the property's basement had leaked and had not been repaired. The Commission noted a financial settlement had been made with the buyers. Ms. Pyne neither.admitted nor denied any misconduct.

MARK C. ROGERS (Charlotte) - The Commission revoked Mr. Rogers' broker license effective June 30, 1996. The Commission found that Mr. Rogers had made a false statement on his sworn application.to the Commission for real estate licensure; namely, Mr. Rogers answered "no" to the application question regarding criminal convictions when, in fact, he had been convicted of the crime of driving while impaired. The Commission further found that after his licensure by the Commission, Mr. Rogers had been convicted of the crime of criminal domestic trespass.

THOMAS W. SEVIER (Cary) - By Consent, the Commission reprimanded Mr. Sevier effective June 11, 1996. The Commission found that Mr. Sevier, while marketing a new home subdivision, had received earnest money deposit checks on lot reservation agreements, but that he had failed to promptly deliver the checks to the broker-in-charge of the firm with which he was associated. The Commission noted that there had been no loss of any trust monies and that corrective measures had been promptly taken to prevent reoccurrence of the situation.

E.I. SUNSHINE, INC. (Emerald Isle) - By Consent, the Commission revoked E.I. Sunshine, Inc.'s corporate real estate broker license effective June 11, 1996. The Commission found that E.I. Sunshine, Inc., while engaging in real estate brokerage and property management, had failed to deposit and maintain the funds it held for others in a trust or escrow account and had failed to account for and remit trust monies. The Commission further found that in October 1995, E.I. Sunshine, Inc.'s liability for the funds entrusted to it exceeded the funds on deposit in its trust account by more than $275,000.

UNIVERSAL FIELD SERVICES, INC. (Raleigh) - By Consent, the Commission reprimanded Universal Field Services, Inc. effective August 1, 1996. The Commission found that Universal Field Services, Inc. had allowed its unlicensed employees to solicit right-of-way and easement agreements in North Carolina as a result of training procedures during which employees worked independently instead of being required to accompany and observe licensed real estate agents.

JEANNETTE P. WELLS (Winston-Salem) - By Consent, the Commission suspended Ms. Wells' salesman license for four years effective August 1, 1996. At any time after three years' active suspension, if Ms. Wells can demonstrate to the satisfaction of the Commission that she has been released from supervised and unsupervised probation imposed as a result of felony convictions, the Commission shall stay the suspension and place her on probation for the remainder of the suspension period. The Commission found that Ms. Wells had been convicted of four felony counts of trafficking cocaine and four felony counts of possession with intent to sell and deliver cocaine and sale and delivery of cocaine