Disciplinary action

 

ROBERT M. ALWINE (Hayesville) -By Consent, the Commission suspended Mr. Alwine's broker license for six months effective March 8, 1995. One month of the suspension is to be active and the remaining period stayed for a probationary term of five months. The Commission found that after agreeing to assist in the marketing of a lot, Mr. Alwine had not listed the lot with the local MLS for approximately six weeks. The Commission further found that Mr. Alwine had signed the lot owner's name to a listing contract without the owner's knowledge or consent.

JOSEPH R. BALAK, JR. (Raleigh) -The Commission reprimanded Mr. Balak effective January 24, 1995. The Commission found that Mr. Balak, acting through his corporation, had contracted to purchase a residential property, and wrote a deposit check to the seller which was returned unpaid by the bank because it was drawn on a closed account. The Commission further found that Mr. Balak had failed to make his dishonored check good or to pay for other losses after promising to do so.

MARVIN D. BEARD (Nags Head) -By Consent, the Commission reprimanded Mr. Beard effective March 8, 1995. The Commission found that Mr. Beard, in brokerage transactions, had provided contract forms which did not comply with Commission Rules and which contained unauthorized changes to the REALTOR®/Bar Association form contract.

BEARD'S TIME SHARE RENTALS, INC. (Nags Head) - By Consent, the Commission reprimanded Beard's Time Share Rentals, Inc. effective March 8, 1995. The Commission found that Beard's Time Share Rentals, Inc., in brokerage transactions, had provided contract forms which did not comply with Commission Rules and which contained unauthorized changes to the REALTOR®/Bar Association form contract.

CHARLES EARL COKER (Pinetops) - By Consent, the Commission suspended Mr. Coker's broker license for one year effective April 1, 1995. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Mr. Coker, as trustee on behalf of a client, had overpaid himself from the trust, had purchased items of personal property from his wife and daughter on behalf of the trust, and had failed to purchase a bond as required by the trust agreement. The Commission noted that Mr. Coker subsequently repaid the funds to the trust. The Commission further found that Mr. Coker had failed to maintain a running balance in the check register for the real estate brokerage trust account, to balance ledgers with bank statements, and had allowed an overage to occur in his trust account. The Commission noted that Mr. Coker subsequently corrected the overage as well as his trust account recordkeeping.

MARIE C. HINTON (Fayetteville) -By Consent, the Commission reprimanded Ms. Hinton effective March 15, 1995. The Commission granted her company's pending application for a corporate broker license. The Commission found that Ms. Hinton had formed and operated a brokerage corporation without obtaining a license for it. The Commission further found that Ms. Hinton had permitted an inactive salesman to engage in brokerage activities by failing, when the salesman affiliated with her firm, to submit to the Commission the required "supervision of salesman notification form

WILLIE A. HUDSON (Raleigh) -The Commission revoked Mr. Hudson's broker license effective March 31, 1995. The Commission found that Mr. Hudson had been convicted of the criminal offense of assault with a deadly weapon with intent to inflict serious injury.

DEBORAH R. HUGHSTON (Matthews) - By Consent, the Commission suspended Ms. Hughston's broker license for two years effective June 1, 1995. The Commission then stayed the suspension for a probationary term of two years. The Commission found that Ms. Hughston, while designated as principal broker and broker-in-charge of a licensed real estate corporation, had contracted with the corporation to review only the tenant security deposit escrow account and had failed to examine any records of rents collected by the corporation. The Commission further found that Ms. Hughston had allowed the unlicensed corporate officers and employees to solicit rental management contracts and to rent real property without her supervision. The Commission noted that Ms. Hughston had cooperated with the Commission's investigation.

EVONDA K. JOHNSON (High Point) - The Commission accepted the voluntary surrender of Ms. Johnson's broker license for five years effective March 15, 1995. The Commission dismissed without prejudice charges that Ms. Johnson had violated the Real Estate License Law with regard to funds received in real estate transactions.

STACY L. JOHNSON (High Point) -The Commission accepted the voluntary surrender of Mr. Johnson's broker license for five years effective March 15, 1995. The Commission dismissed without prejudice charges that Mr. Johnson had violated the Real Estate License Law with regard to funds received in real estate transactions.

JOHN B. MATLOCK (Jacksonville) -By Consent, the Commission reprimanded Mr. Matlock effective February 10, 1995. The Commission found that Mr. Matlock, while employed by a developer and builder of new residential homes, had allowed an inactive salesman who was under his supervision to contract in the salesman's name for a brokerage commission.

SAMUEL RAY MCHAN (Murphy) -The Commission revoked Mr. McHan's broker license effective February 7, 1995. The Commission found that Mr. McHan had been convicted of a number of criminal offenses including conspiracy to commit arson, damage to property by means of fire and explosives, and transportation of stolen goods in interstate commerce.

JOHN A. MCPHAUL, III (Chapel Hill) - By Consent, the Commission suspended Mr. McPhaul's broker license for two years effective February 10, 1995. Ninety days of the suspension are to be active and the remaining period stayed for a probationary term of two years. The Commission found that Mr. McPhaul, as a residential property manager, had failed to deposit escrow funds in a trust or escrow account, had commingled trust monies with his own funds, and had failed to maintain adequate trust account records. The Commission noted that Mr. McPhaul had cooperated with the Commission 9s auditor and subsequently took steps to bring his trust accounting practices into conformity with the requirements of the License Law and Commission rules, and that no one had suffered financial loss as a result of his conduct.

MAXINE C. MORROW (Lincolnton) - By Consent, the Commission reprimanded Ms. Morrow effective February 10, 1995. The Commission found that Ms. Morrow had failed to activate the license of a salesman under her supervision by failing to notify the Commission in writing that she was his broker-in-charge.

WILLIAM H. OWENS (Charlotte) -By Consent, the Commission reprimanded Mr. Owens effective March 8, 1995. The Commission found that Mr. Owens had introduced property owners, for whom he had listed property for sale, to a person who was unlawfully acting as a rental broker and whom Mr. Owens should have discovered and disclosed was unlicensed. The unlicensed property manager converted rental funds and security deposits.

PROPERTY RESOURCES OF AMERICA (Pineville) - By Consent, the Commission revoked the corporate real estate broker license of Property Resources of America effective February 10, 1995. The Commission found that the unlicensed president and employees of Property Resources of America had solicited rental management contracts and directed the corporation's rental business without the supervision of the designated broker-in-charge. The Commission further found that the unlicensed president had pled guilty to embezzlement of condominium association funds. The Commission further found that after the broker-in-charge had left the corporation, Property Resources of America had continued to engage in rental management.

MARY D. SMITHER (Raleigh) - By Consent, the Commission suspended Ms. Smither's salesman license for 60 days effective February 9, 1995. The Commission then stayed the suspension for a probationary term of 60 days. The Commission found that Ms. Smither had failed to adequately disclose certain material facts to the buyers of property which she had listed for sale in a single-family subdivision; i.e., the pending annexation of the property into the city and the construction of a multi-family housing project one block away from the property.

DAVID R. SPITTLE (Denver) - By Consent, the Commission reprimanded Mr. Spittle effective March 2, 1995. The Commission found that Mr. Spittle had handled three real estate transactions while his salesman license was on inactive status.

ALI FAYE WATTS (Raleigh By Consent, the Commission reprimanded Ms. Watts effective March 15, 1995. The Commission found that having relied on an illegible copy of a subdivision map, Ms. Watts had misrepresented the size of a residential lot in the subdivision when she listed the lot with the MLS. The Commission noted that Ms. Watts' actions did not appear to be willful or motivated by any personal or financial gain and did not result in any monetary damage to the purchaser of the lot.