Disciplinary Action

DAVID L. ACQUAVIVA (Murphy) - By Consent, the Commission reprimanded Mr. Acquaviva effective March 1, 1998. The Commission found that while acting as selling agent in the sale of property in mid 1992, Mr. Acquaviva had failed to insert a correct legal description of the property in the purchase offer which he had prepared, thereby causing buyers to close the purchase of another lot.

RICHARD P. BAER (Kill Devil Hills) - By Consent, the Commission suspended Mr. Baer's broker license for 45 days effective February 1, 1998, followed by a probationary term of one year. The Commission found that Mr. Baer, acting as broker-in-charge and on behalf of his licensed real estate firm in the management of certain residential rental units, had attempted to dishonor oral lease agreements, had failed to promptly undertake certain repairs and cleaning of property as promised to a pair of prospective tenants, and had used a residential lease form which purported to give himself and the landlord authority not permitted by law. The Commission further found that Mr. Baer had failed to properly maintain trust account ledgers and general journals and that he had not prepared a monthly trial balance for the accounts. The Commission noted that Mr. Baer subsequently corrected the lease form and his trust account record-keeping practices, and that at no time was there any evidence of any unlawful conversion of trust monies.

BAER'S COTTAGES AND PROPERTIES, INC. (Kill Devil Hills) - By Consent, the Commission suspended the firm real estate broker license of Baer's Cottages and Properties, Inc. for 45 days effective February 1, 1998. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Baer's Cottages and Properties, Inc., in the management of certain residential rental units, had attempted to dishonor oral lease agreements, had failed to promptly undertake certain repairs and cleaning of property as promised to a pair of prospective tenants, and had used a residential lease form which purported to give itself and the landlord authority not permitted by law. The Commission further found that Baer's Cottages and Properties, Inc. had failed to properly maintain trust account ledgers and general journals and that it had not prepared a monthly trial balance for the accounts. The Commission noted that Baer's Cottages and Properties, Inc. subsequently corrected the lease form and its trust account recordkeeping practices, and that at no time was there any evidence of any unlawful conversion of trust monies.

PATRICIA K. CRANFORD (Hickory) - By Consent, the Commission revoked Ms. Cranford's salesman license effective November 20, 1997. The Commission found that Ms. Cranford, as bookkeeper and rental manager for residential rental properties, had failed to maintain client monies in a trust account and to promptly account for and disburse client monies coming into her control. The Commission also found that Ms. Cranford had failed to keep proper records of trust monies an( to turn trust monies over to her broker-in-charge.

CAMERON K. DEAVER (Raleigh) By Consent, the Commission reprimanded Mr. Deaver effective November 20, 1997. The Commission found that Mr. Deaver had been negligent in failing to file proper state income tax returns. The Commission noted that no client or customer of Mr. Deaver had been harmed as a result.

ANDREW J. DEBNAM (Raleigh) - The Commission accepted the voluntary surrender of Mr. Debnam's broker license for two years effective October 1, 1997. The Commission dismissed without prejudice charges that Mr. Debnam had violated provisions of the Real Estate License Law.

JAMES W. JOHNSON, III (Angier) - By Consent, the Commission reprimanded Mr. Johnson effective February 12, 1998. The Commission found that Mr. Johnson had allowed his father, an unlicensed employee of Mr. Johnson's brokerage firm, to show property lines and answer questions concerning real property lines that had been marked by a surveyor on property that was to be sold at public auction on May 22, 1993.

RANDY MEARES (Raleigh) - The Commission accepted the voluntary surrender of Mr. Meares' salesman license for one year effective December 1, 1997. The Commission dismissed without prejudice charges that Mr. Meares had violated provisions of the Real Estate License Law by failing to give an accurate answer to one of the questions on his application for licensure. Although Mr. Meares believes he had made a correct answer in good faith, he does not wish to contest the matter.

WILLIAM J. NOLAN, III (Charlotte) - The Commission revoked Mr. Nolan's salesman license effective January 15, 1996. Mr. Nolan appealed the Commission's decision but subsequently filed a voluntary dismissal of that appeal. The Commission found that Mr. Nolan, as the sole shareholder and controlling officer of a residential development corporation, had made false promises and misrepresentations concerning future completion of a lake to induce purchases of 36 lots in subdivisions which were being developed by the corporation.

RESORT SERVICES, INC. (Raleigh) - The Commission accepted the voluntary surrender of the corporate real estate broker license of Resort Services, Inc. for two years effective October 1, 1997. The Commission dismissed without prejudice charges that Resort Services, Inc. had violated provisions of the Real Estate License Law.

WILLIE T. STORY, JR. (Littleton) - By Consent, the Commission reprimanded Mr. Story effective December 31, 1997. The Commission found that Mr. Story had persuaded a seller-client to advance a commission payment as a loan, then did not immediately repay it. The Commission noted that Mr. Story has paid the debt.

JAMES R. STUBBS, JR. (Fayetteville) - By Consent, the Commission suspended Mr. Stubbs' salesman license for three years effective November 20, 1997. If, however, Mr. Stubbs furnishes to the Commission written evidence of his release from confinement in Federal custody, the Commission will immediately stay any remaining suspension and will place Mr. Stubbs on probation. The Commission found that Mr. Stubbs had entered a plea of guilty to a charge of mail fraud. The Commission noted that this charge arose from the operation of a business which did not involve real estate brokerage or real estate transactions.

THOMAS G. THRELKELD (Gastonia) -The Commission suspended Mr. Threlkeld's broker license for 60 days effective January 1, 1998. At the expiration of the active suspension on March 2, 1998, the Commission placed Mr. Threlkeld on probation for one year. The Commission found that Mr. Threlkeld had negligently misrepresented that a property he had listed had city sewer service, although he knew the property had a septic system, and that he had maintained an incorrect entry in the local Multiple Listing Service (MLS) for several months. The Commission further found that after the sale closed and the septic tank system malfunctioned, Mr. Threlkeld had refused to compensate the buyers who had purchased the property believing it had city sewer service.

MICHAEL C. WELLER (Raleigh) The Commission accepted the voluntary surrender of Mr. Weller's broker license for one year effective December 1, 1997. The Commission dismissed without prejudice charges that Mr. Weller had violated provisions of the Real Estate License Law. Mr. Weller neither admitted nor denied any misconduct.

JOSEPH R. WEST (Spring Lake) The Commission suspended Mr. West's broker license for one year effective September 15, 1997. Thirty days of the suspension are to be active and the remaining period stayed for a probationary term of I I months. The Commission noted that Mr. West, in violation of the Real Estate License Law and Commission rules, had engaged in real estate brokerage through a corporation that had no real estate license. The Commission further found that Mr. West had purchased and sold lots in an unapproved subdivision and had made misrepresentations and omissions of material facts to buyers concerning the size and boundaries of those lots.