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 descnption of such facts cannot be reported in the following Discplinary Action summaries.

TERESA D. BOYES (Carolina Beach) - The Commission revoked Ms. Boyes' salesman license effective February 16, 1996. The Commission found that Ms. Boyes had been convicted of the felony offense of attempting to obtain a controlled substance by forgery.

ELLEN A. CAMPBELL (Davidson) - By Consent, the Commission revoked Ms. Campbell's salesman license effective April 1, 1996. The Commission found that Ms. Campbell had been convicted of the following federal criminal offenses: making false material statements and representations in order to defraud the United States, aiding and abetting, and failing to file an IRS form 8300.

VAN M. CARVER (Durham) - The Commission accepted the voluntary surrender of Mr. Carver's salesman license for one year effective June 1, 1996. The Commission dismissed without prejudice charges that Mr. Carver had violated the Real Estate License Law and the rules of the Commission in the conduct of a real estate brokerage business.

VAN CARVER REALTY, INC. (Durham) - The Commission accepted the voluntary surrender of Van Carver Realty, Inc.'s corporate real estate broker license for one year effective June 1, 1996. The Commission dismissed without prejudice charges that Van Carver Realty, Inc. had violated the Real Estate License Law and the rules of the Commission in the conduct of a real estate brokerage business.

SAMUEL L. CUNNINGHAM (LaGrange) - The Commission accepted the permanent voluntary surrender of Mr. Cunningham's broker license effective March 21, 1996. The Commission dismissed without prejudice charges that Mr. Cunningham had violated certain provisions of the Real Estate License Law and Commission rules. Mr. Cunningham neither admitted nor denied any misconduct.

DOROTHY H. ESSEY (Long Beach) - By Consent, the Commission suspended Ms. Essey's broker license for one year effective April 1, 1996. Three months of the suspension are to be active and the remaining period stayed for a probationary term of one year upon certain conditions. The Commission found that Ms. Essey, as broker-in-charge and principal broker of a licensed real estate corporation, had failed to maintain proper trust account records and that consequently, her corporation's trust accounts sometimes contained too much money and at other times contained too little money, and that she had been unable to correctly account for the funds of others in her care. The Commission noted that this matter did not arise from a complaint by Ms. Essey's clients or customers.

DOROTHY ESSEY & ASSOCIATES, INC. (Long Beach) - By Consent, the Commission suspended Dorothy Essey & Associates, Inc.'s corporate real estate broker license for one year effective April 1, 1996. The Commission then stayed the suspension for a probationary term of one year upon certain conditions. The Commission found that Dorothy Essey & Associates, Inc. had failed to maintain proper trust account records and that consequently, the corporation's trust accounts sometimes contained too much money and at other times contained too little money, and that Dorothy Essey & Associates, Inc.

PELLEGRINO PROPERTIES, INC. (Wilmington) - The Commission accepted the permanent voluntary surrender of Pellegrino Properties, Inc.'s corporate real estate broker license effective April 15, 1996. The Commission dismissed without prejudice charges that Pellegrino Properties, Inc. had violated certain provisions of the Real Estate License Law and Commission rules in the conduct of a real estate brokerage business. Pellegrino Properties, Inc. neither admitted nor denied any misconduct.

GERALD L. PELLETIER (Durham) - By Consent, the Commission suspended Mr. Pelletier's salesman license for one month effective February 1, 1996. The Commission then stayed the suspension for a probationary term of one month. The Commission found that Mr. Pelletier had obtained a loan to purchase a townhouse by representing to the lender that he would occupy the property as his primary residence, but that after closing and as a result of an incident which had occurred at the property, he had decided instead to rent the property to tenants. The Commission further found that Mr. Pelletier had failed to immediately disclose to his lender the decision to rent the property to tenants instead of occupying it himself.

BRYANT B. ROBERTS (Durham) - By Consent, the Commission suspended Mr. Roberts' broker license for two years effective April 1, 1996. The Commission found that Mr. Roberts had failed to make any examination of the books, records, accounts, or day-to-day operations of a brokerage operation under his supervision. The Commission further found that Mr. Roberts actually had been engaged in the business of residential construction at the time, and had entrusted his responsibilities to family members and employees; as a result, unlicensed persons had routinely engaged in acts for which a real estate license was required, had misapplied trust funds and had used unlawful eviction procedures. The Commission noted that Mr. Roberts had taken steps to bring the escrow accounts and records into compliance with the law and to properly supervise the acts of unlicensed persons associated with the rental management operation.

PHILIP D. SIZEMORE (Durham) - By Consent, the Commission reprimanded Mr. Sizemore effective March 29, 1996. The Commission found that Mr. Sizemore had engaged in residential tenant eviction procedures without fully complying with applicable state laws. Mr. Sizemore did not admit any misconduct.