Bulletin 1983 V14-3

Disciplinary Action

The Real Estate Commission revoked the broker's license of MICHAEL J. BAGALE of Charlotte. Bagale submitted offers to purchase property on behalf of some alleged buyers without their knowledge or consent. He also applied for financing in their name without their knowledge. Bagale falsely represented to the sellers that he was holding earnest money in escrow. Bagale also managed rental property and failed to turn rents collected over to his principal.

The Commission revoked the broker's license of THOMAS S. STRICKLER, JR., of Greensboro for failing to submit.an offer to purchase property listed with him. Instead, Strickler presented an offer from a corporation in which he had an interest. He thus acquired an interest in his principal's property without full disclosure of all other offers.

The Commission revoked the broker's license of MURPHY WOODS, formerly of Wilmington, for failing to make mortgage payments on rental property he managed. Woods collected rent, but failed to make proper accounting to the property owner. Woods also had numerous checks drawn on his escrow account returned for insufficient funds.

The Commission's order was effective in July, 1982, but publication of this disciplinary action was delayed because he appealed to Wake County Superior Court. Judge Robert L. Farmer recently dismissed the appeal on procedural grounds.

The Commission revoked the salesman's license of VIRGINIA KAYE BROCK of Mount Olive. Mrs. Brock, as bookkeeper for a real estate firm, disbursed rent from the firm's escrow account to a landlord renting property to her husband. Mr. Brock had not in fact paid any rent, and Mrs. Brock converted trust funds to the use of her husband. Her former employing broker made up the shortage.

The Commission revoked the broker's license of PHYLLIS H. CHANDLER, formerly of-Raleigh, for converting to her use trust funds of the real estate firm employing her as a bookkeeper. Her former employing broker has made up the shortage created by the money she took from the account. Mrs. Chandler has promised to repay her broker.

The Commission revoked the broker's license of BURL L. MOSS of Greensboro for depositing earnest money into his operating business account rather than an escrow account. Moss failed to produce trust account records for inspection by the Commission.

The Commission suspended the broker's license of L. RUDOLPH KEECH of Maysville for one year for incompetently drafting an offer to purchase. As a result of his incompetent preparation of the contract, litigation resulted between the buyer and seller.

The expired broker's license of MICHAEL F. WILMOTH of Pilot Mountain was suspended because of a payment from the Commission's Real Estate Recovery Fund pursuant to an order of the Surry County District Court.

The Commission suspended the broker's license of JOHN D. GRIER of Greenville for 30 days and placed him on probation for one year. An audit by the Commission detected a shortage of Grier's trust account caused by withdrawals to non-escrow accounts. The Commission found that the errors were created by poor bookkeeping rather than actual conversion, and Grier made up the shortage as soon as he was notified

The Commission extended the suspension of the broker's license of ALBERT J. GREGOR of Pinehurst for an additional four months for failing to comply with the Commission's order that he restore a disputed earnest money deposit to his escrow account. The Commission's directive was a condition of his probation.