Disciplinary Action

LUANNE B. ARMSTRONG (Mooresville) - By Consent, the Commission suspended Ms. Armstrong's broker's license for sixty days effective February 7, 1991. The Commission then stayed its Order and placed Ms. Armstrong on probation for one year. The Commission found that Ms. Armstrong had paid a brokerage fee to an unlicensed person for performing acts requiring a real estate license.

LINDA W. BARNES (Northampton County) -The Commission revoked Ms. Barnes' broker's license effective January 1, 1991. The Commission found that Ms. Barnes had pleaded guilty to a criminal offense involving moral turpitude which would reasonably affect her performance in the real estate business; namely, obtaining property through false pretenses.

HENRY BOYD,JR. (Durham) - By Consent, the Commission suspended Mr. Boyd's broker's license for one year effective February 25, 1991. The Commission then stayed its Order and placed Mr. Boyd on probation for one year. The Commission found that Mr. Boyd, as broker-in-charge of a real estate office, had permitted an unlicensed person at the office to engage in acts for which a license was required while his license was revoked. Mr. Boyd neither admitted nor denied any misconduct.

BUTTERFLY SEVEN, LTD, INC. (Charlotte)The Commission revoked the corporate real estate license of Butterfly Seven, Ltd., Inc. effective April 1, 1991. The Commission found that licensees associated with the corporation had failed to reveal the true size of the common area to be included with units offered for sale in a condominium complex and had falsely promised to complete certain amenities at the complex.

VAN M. CARVER (Durham) - By Consent, the Commission suspended Mr. Carver's salesman's license for one year effective February 25, 1991. The Commission then stayed its Order and placed Mr. Carver on probation for one year. The Commission found that Mr. Carver had acted as a real estate agent while his real estate license was revoked. Mr. Carver neither admitted nor denied any misconduct.

VAN CARVER REALTY, INC. (Durham) - By Consent, the Commission suspended the corporate real estate license of Van Carver Realty, Inc. for one year effective February 25, 1991. The Commission then stayed its Order and placed the corporation on probation for one year. The Commission found that the corporation had permitted an unlicensed person affiliated with the corporation to engage in the acts of a real estate agent while his licensed was revoked. The corporation neither admitted nor denied any misconduct.

CYNTHIA A. CASHMAN (Laurinburg) - By Consent, the Commission revoked Mrs. Cashman's salesman's license effective March 7, 1991. The Commission found that Mrs. Cashman had converted trust funds received for the construction of a home which her construction company had contracted to build.

GEORGE E. CASHMAN, JR. (Laurinburg) - By Consent, the Commission revoked Mr. Cashman's broker's license effective March 7, 1991. The Commission found that Mr. Cashman had converted trust funds received for the construction of a home which his construction company had contracted to build.

CASHMAN REALTY, INC. (Laurinburg) - By Consent, the Commission revoked the corporate real estate license of Cashman Realty, Inc. effective March 7, 1991. The Commission found that the corporation had converted trust funds received for the construction of a home which it had contracted to build.

MATTHEW W. DOYLE (Cary) - By Consent, the Commission suspended Mr. Doyle's salesman's license for thirty days effective January 10, 1991. The Commission found that Mr. Doyle had made a false representation on his application for a real estate license.

KATHY A. DOYLE (Cary) - By Consent, the Commission suspended Mrs. Doyle's salesman's license for thirty days effective January 10, 1991. The Commission found that Mrs. Doyle had made a false representation on her application for a real estate license.

BONNY S. DROKE (Cary) - By Consent, the Commission suspended Mrs. Droke's broker's license for one year effective February 6, 1991. The Commission then stayed its Order and placed Mrs. Droke on probation for one year. The Commission found that Mrs. Droke had failed to disclose to purchasers that property which she owned and was being sold to the purchasers had a severe flooding and water seepage problem.

JIMMY H. DROKE (Cary) - By Consent, the Commission suspended Mr. Droke's broker's license for one year effective February 6, 1991. Thirty days of the suspension are to be active and eleven months on probation. The Commission found that Mr. Droke had failed to disclose to purchasers that property which he owned and was being sold to the purchasers had a severe flooding and water- seepage problem.

CHARLES W. DUVAL (Kill Devil Hills) - By Consent, the Commission revoked Mr. Duval's broker's license effective February 12, 1991. The Commission found that Mr. Duval had commingled an earnest money deposit with his own funds, had disbursed a portion of the earnest money deposit without authorization from the buyers or sellers, and had failed to promptly account for these funds.

ALBERT ELROD (Emerald Isle) - By Consent, the Commission suspended Mr. Elrod's broker's license for eighteen months effective January 15, 1991. The Commission found that Mr. Elrod had made false promises to purchasers and to a closing attorney as to the existence of a septic permit.

ELROD REALTY, INC. (Emerald Isle) - By Consent, the Commission suspended the corporate real estate license of Elrod Realty, Inc. for eighteen months effective January 15, 1991. The Commission found that the corporation had made false promises to purchasers and a closing attorney regarding the existence of a septic permit.

DOROTHY H. ESSEY (Southport) - By Consent, the Commission reprimanded Ms. Essay effective February 11, 1991 and required her to complete the Commission's Trust Account Course. The Commission found that Ms. Essey had failed to adequately maintain a trust account and reconcile trust account records. Ms. Essey discovered irregularities in the property management accounts maintained by a bookkeeper associated with the firm and determined that there were shortages in the trust account balances. The Commission noted that Ms. Essay replaced the shortage in the trust account with her own funds and promptly reported the shortage to the Commission.

SHELLEY JO FARR (Kitty Hawk) - By Consent, the Commission suspended Ms. Farr's salesman's license for nine months effective January 10, 1991. The Commission found that Ms. Farr had made a false representation on her application for a real estate license.

TRACEY G. GOETZ (Durham) - By Consent, the Commission suspended Ms. Goetz's broker's license for one year effective January 15, 1991. The Commission then stayed its Order and placed Ms. Goetz on probation for one year. The Commission found that Ms. Goetz, as broker-in-charge of a real estate office, had failed to adequately supervise the sale of real estate by her firm.

JEFFREY D. HILL (Durham) - By Consent, the Commission suspended Mr. Hill's broker's license for two years effective January 10, 1991. Forty-five days of the suspension are to be active and two years on probation. The Commission found that Mr. Hill had paid a real estate commission to an unlicensed person for acts requiring a real estate license.

DIANA J. JAMES (Durham) - By Consent, the Commission suspended Ms. James' salesman's license for two years effective January 10, 1991. Forty-five days of the suspension are to be active and two years on probation. The Commission found that Ms. James had made false and misleading representations on her application for a real estate license.

SUSAN B. JONES (Charlotte) - The Commission suspended Mrs. Jones' broker's license for two years effective April 1, 1991. Six months of the suspension are to be active and eighteen months on probation. The Commission found that Mrs. Jones had failed to reveal the true size of the common area to be included with units offered for sale in a condominium complex and had falsely promised to complete certain amenities at the complex. The Commission also found that Mrs. Jones, as broker-in-charge of a real estate office, had faded to adequately supervise salesmen associated with the of lice and to supervise advertising and sales activities conducted at such office.

WILLIAM P. JONES (Charlotte) - The Commission suspended Mr. Jones' salesman's license for one year effective April 1, 1991. Three months of the suspension are to be active and nine months on probation. The Commission found that Mr. Jones had failed to reveal the true size of the common area to be included with units offered for sale in a condominium complex and had falsely promised to complete certain amenities at the complex.

RICHARD M. LAWSON (Matthews) - By Consent, the Commission suspended Mr. Lawson's broker's license for thirty-six months effective January 10, 1991. Eighteen months of the suspension are to be active and eighteen months on probation on condition that he complete the Commission's Brokerage Operations and Trust Account Courses. The Commission found that Mr. Lawson, as property manager, had commingled the money of the property owner with his own money and had failed to deposit a security deposit and rents in a trust or escrow account. The Commission also found that Mr. Lawson had failed within a reasonable time to account for or to remit a security deposit and rental monies coming into his possession which belonged to the property owner.

DOUGLAS BRYAN McCLURE (Wilmington) -By Consent, the Commission accepted the voluntary surrender of Mr. McClure's broker's license for a period of five years effective February 12, 1991 and dismissed without prejudice certain charges against him alleging that he had operated a private real estate school without the necessary license and that he had issued false course completion certificates to students. Mr. McClure neither admitted nor denied any misconduct.

MERRILL LYNCH MORTGAGE CORPORATION (Charlotte) - By Consent the Commission suspended the corporate real estate license of Merrill Lynch Mortgage Corporation for ninety days effective January 15, 1991. The Commission then stayed its Order. The Commission found that the corporation had paid a real estate commission to an unlicensed person for acts requiring a real estate license.

PARVIN E. ORDOU-KHANI (Greenville) - By Consent, the Commission suspended Ms. Ordou-Khani's salesman's license for one year effective January 9, 1991. Ninety days of the suspension are to be active and one year on probation. The Commission found that Ms. Ordou-Khani had engaged in improper dealing by failing to properly obtain and insert the signatures of a seller on the sales contract.

GRACE B. PALMER (~1VhitevUle) - By Consent, the Commission suspended Ms. Palmer's salesman's license for sixty days effective March 1, 1991. The Commission then stayed its Order and placed Ms. Palmer on probation for one year. The Commission found that Ms. Palmer had prepared a listing agreement which did not provide for its existence for a definite period of time and for its termination without prior notice at the expiration of such time.

JEAN T. REA (Fayetteville) - By Consent, the Commission reprimanded Mrs. Rea effective April 1, 1991 for fading to maintain proper trust account records and for depositing trust funds in an unauthorized investment. The Commission noted that no funds were lost as a result of these practices.

KYLE S. REA (Fayetteville) - By Consent, the Commission reprimanded Mr. Rea effective April 1, 1991 for failing to maintain proper trust account records and for depositing trust funds in an unauthorized investment. The Commission noted that no funds were lost as a result of these practices.

RED CARPET-DOROTHY ESSEY & ASSOCIATES, INC. (Southport) - By Consent, the Commission reprimanded the corporate real estate broker Red Carpet-Dorothy Essey & Associates, Inc. effective February 11, 1991. The Commission found that the corporation had failed to adequately maintain its trust account and to reconcile its trust account records. The broker-in-charge of the corporation discovered irregularities in the property management accounts maintained by a bookkeeper associated with the firm and determined that there were shortages in trust account balances. The Commission noted that the broker-in-charge of the corporation replaced the shortage in the trust account with her own funds and promptly reported this shortage to the Commission.

RED-MAR, INC. (Pinehurst) - By Consent, the Commission suspended the corporate real estate license of Red-Mar, Inc. for six months effective February 20, 1991. The Commission found that the corporation had promised prospective sellers that it would advertise real estate for sale and failed to do so.

ANNA J. REGISTER (Fayetteville) - By Consent, the Commission suspended Ms. Register's salesman's license for two years effective June 1, 1991. The Commission then stayed its Order and placed Ms. Register on probation for one year on condition that she complete the Commission's Trust Account Course. The Commission found that Ms. Register, while selling property owned by her and her spouse, had faded to place in escrow an earnest monk deposit and rents as required by the contract of sale. The Commission also found that Ms. Register had endorsed her husband's name to the trust account checks without his authority and cashed the checks, but that upon the commencement of the Commission's investigation, she paid all funds to the closing attorney.

ELIOTT R. SECREST, SR. (Cary) - By Consent, the Commission reprimanded Mr. Secrest effective February 12, 1991 for failing, as a listing agent, to disclose to purchasers that the listed property had a severe flooding and water seepage problem.

DETRI A. SMITH (Gastonia) - By Consent, the Commission suspended Ms. Smith's broker's license for ninety days effective June 1, 1991. The Commission then stayed its Order on condition that Ms. Smith complete the Commission's Trust Account Course. The Commission found that Ms. Smith had maintained trust funds in an interest-bearing account without proper authorization and subsequently transferred the funds into an account which was not designated as a trust or escrow account. The Commission also found that she had failed to maintain proper trust account records.

TONY R. STONE (Bailey) - By Consent, the Commission reprimanded Mr. Stone effective January 11, 1991 for using offer to purchase forms and listing contact forms that failed to comply with Commission rules and for paying a fee to an unlicensed brokerage corporation for acts which required a real estate license.

JEFFREY M. TATAR (Charlotte) - By Consent, the Commission suspended Me Tatar's salesman's license for sixty days effective February 11, 1991. The Commission then stayed its Order and placed Mr. Tatar on probation for one year. The Commission found that Mr. Tatar had, as a salesman, included his name in the name of a non-corporate real estate brokerage business and that he had paid a check to the Real Estate Commission which had been returned unpaid due to insufficient funds.

JOHN E. THOMPSON, JR. (Whiteville) - By Consent, the Commission suspended Mr. Thompson's broker's license for sixty days effective March 1, 1991. The Commission then stayed its Order and placed Mr. Thompson on probation for one year. The Commission found that Mr. Thompson, as broker-in-charge of a real estate office, had failed to adequately and personally supervise a salesman associated with the of lice.

GENERAL W. WASHINGTON (Greensboro) -By Consent, the Commission suspended Mr. Washington's salesman's license for one year effective January 10, 1991. The Commission found that Mr. Washington had made a willful misrepresentation to a seller of property by stating that the purchasers had agreed to the seller's counter-offer when, in fact, they had not.

JERRY V. WRIGHT (Concord) - By Consent the Commission suspended Mr. Wright's salesman's license for one year effective February 7, 1991. Ninety days of the suspension are to be active and nine months on probation on condition that he complete the Commission's Trust Account Course. The Commission found that Mr. Wright had faded to deposit and maintain in a trust or escrow account mortgage payments collected on behalf of his principal and had failed, within a reasonable time, to account for or to remit these payments to his principal.

DEBORAH O. ZANG (Pinehurst) - By Consent, the Commission suspended Mrs. Zang's broker's license for six months effective February 20 1991. The Commission found that Mrs. Zang had engaged in improper conduct by promising prospective sellers that she would advertise real property for sale and failing to do so.

ROSS C. ZANG (Pinehurst) - By Consent, the Commission suspended Mr. Zang's broker's license for sixty days effective February 20, 1991. The Commission then stayed its Order and placed Mr. Zang on probation for one year. The Commission found that Mr. Zang had promised prospective sellers that he would advertise real estate for sale and faded to do so.