Disciplinary Action

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Penalties for violations of the Real Estate License Law and Commission Rules and Regulations vary depending upon the particular facts and circumstanes present in each case. Due to space limitations in the Bulletin, a complete description of such facts cannot be reported in the following Disciplinary Action summaries.

AL-ED CORPORATION (Dare County) —By Consent, the Commission, effective March 12,1987, fined AL-ED Corporation, developer of the time share project Ocean Pines, $13,500 for paying sales commissions to unlicensed salesmen.

EDITH KAREN AUSTIN; SALVO ASSOCIATES, INC. (Salvo - By Consent, the Commission revoked Ms. Austin's broker's license effective April 17,1987 and the corporate real estate broker's license of Salvo Associates, Inc. t/a Austin Realty effective May 1, 1987. The Commission found that Ms. Austin had deposited funds into an interest bearing account and an operating account of Austin Realty without making reference on the deposit slips to the transaction involved, and that she had subsequently disbursed to herself certain trust funds to which she was not entitled. The Commission also found that she had failed to remit rents to property owners and that she had commingled trust funds with her own funds.

DORIS L. BENTON (Atlantic Beach)— By Consent, the Commission suspended Ms. Benton's broker's license for ninety days effective May 1, 1987. The Commission then suspended its Order and placed Ms. Benton on probation for one year. The Commission found that Ms. Benton had failed to deliver to a time share purchaser a public offering statement or a copy of the rescission right notice included with the sales contract.

ERNEST CLYDE CAMP, JR.; NORTH STATE PROPERTIES, INC. (Chapel Hill) —By Consents the Commission revoked Mr. Camp's broker's license and the corporate real estate broker's license of North State Properties, Inc. effective May 1, 1987. The Commission found that Mr. Camp, as president, Principal Broker and Broker-in-Charge of North State Properties, Inc., had failed to deposit and maintain in a trust account certain earnest money deposits and sales proceeds collected on behalf of a property owner and that he further failed to account for and remit these funds to buyers ant sellers in a prompt and timely manner.

TONY CARR (Charlotte) - By Consent, the Commission suspended Mr. Carr's salesman's license for thirty days effective February 13, 1987 for negligently representing to purchasers In a real estate transaction that they were covered and protected by a "Sellers Protection Plan".

DAVID J. CAUSEY (Dare County) - By Consent, the Commission suspended Mr. Causey's broker's license for three years effective March 1, 1987. The Commission found that Mr. Causey, as Project Broker of the Ocean Pines time share project, had allowed unlicensed persons to sell time shares.

RONNIE J. COOPER, JR. (Currituck County) - By Consent, the Commission suspended Mr. Cooper's salesman's license for eighteen months effective April 1, 1987. Nine months of the suspension are to be active and the remaining nine months on probation. The Commission found that Mr. Cooper, as an employee of Resort Promotions, Inc., had sold and offered for sale real estate without a supervising Broker-in-Charge or an active salesman's license, and for a corporation not licensed as a corporate real estate broker.

MARCUS J. ETTERS (Watauga County) —By Consent, the Commission suspended Mr. Etters' broker's license for two years effective March 15,1987. The Commission then suspended its Order and placed him on probation for two years. The Commission found that Mr. Etters had sold time share weeks at the Swiss Mountain Village time share project without being registered as developer of the project and before he had acquired legal title to the weeks sold. The Commission also found that the contracts for the sale of the weeks did not contain the required rescission clause and that Mr. Etters did not distribute the public offering statements to purchasers.

SUSAN GLENN (Boone)—The Commission suspended Ms. Glenn's broker's license for one year effective April 1, 1987. One month of the suspension is to be active and the remaining eleven months on probation. The Commission found that Ms. Glenn had furnished a seller a closing statement stating that she had paid an appraisal fee when, in fact, she had failed to remit the fee to the appraiser, and that she had failed to furnish the seller a closing statement for the seller's sale of another property.

LEROY HANDSEL, JR. Jacksonville By Consent, the Commission reprimanded Mr. Handsel for employing an unlicensed person to perform acts for which a license was required.

ELTON F. HARDISON Qacksomille~ By Consent, the Commission revoked Mr. Hardison's broker's license effective March 4, 1987 based upon his conviction of criminal offenses involving moral turpitude which would reasonably affect his performance in the real estate business; namely, embezzlement by an insurance agent.

WILLIAM C. HARTLOVE (Currituck County - By Consent, the Commission suspended Mr. Hartlove's salesman's license for eighteen months Eve April 1, 1987. Nine months of the suspension are to be active and the remaining nine months on probation. The Commission found that Mr. Hartlove, as an employee of Resort Promotions, Inc. had sold and offered for sale real estate without a supervising Broker-in-Charge or an active salesman's license, and for a corporation not licensed as a corporate real estate broker.

CYRUS W. HAYNES (Currituck County)—By Consent, the Commission suspended Mr. Haynes' salesman's license for two years effective March 1, 1987. One year of the suspension is to be active and one year on probation. The Commission found that Mr. Haynes, as an employee of Resort Promotions, Inc., had sold and offered for sale real estate without a supervising Broker-in-Charge or an active salesman's license, and for a corporation not licensed as a corporate real "state broker. The Commission also found that he had participated in the use of installment land sales contracts submitted to lenders which did not accurately disclose the actual amount of down payments.

CHRISTINE B. HOWELL (Currituck County - By Consent, the Commission suspended Ms. Howell's salesman's license for eighteen months effective April 1, 1987. Nine months of the suspension are to be active and the remaining nine months on probation. The Commission found that Ms. Howell, as an employee of Resort Promotions, Inc., had sold and offered for sale real estate without a supervising Broker-in-Charge or an active salesman's license, and for a corporation not licensed as a corporate real estate broker.

JUANITA JONES (Raleigh - By Consent, the Commission reprimanded Ms. Jones for allowing an unlicensed partner to perform acts for which a real estate license is required.

WALTER S. JONES (Grandy)- By Consent, the Commission suspended Mr.Jones' broker's license for two years effective December 8, 1986 for failing to properly supervise time share salesmen under his control and failing to maintain required records.

LINDA C. LANCASTER (Durham)— By Consent, the Commission reprimanded Ms. Lancaster for failing to furnish to a purchaser a copy of plans for a waste water treatment system required for the property being purchased.

ROBERT G. McCALL (Currituck County)—By Consent, the Commission suspended Mr. McCall's broker's license for two years effective April 1, 1987. One year of the suspension is to be active and the remaining one year on probation. The Commission found that Mr. McCall had acted as a real estate broker on behalf of and accepted compensation for his services from Resort Promotions, Inc., an unlicensed real estate brokerage corporation.

THOMAS D. MINCHER (Greensboro); PARAMOUNT MANAGEMENT, INC. (Brunswick County~By Consent, the Commission, effective March 1, 1987 revoked the corporate real estate broker's license of Paramount Management, Inc. and suspended for one year the broker's license of Mr. Mincher, the corporation's Principal Broker. Six months of Mr. Mincher's suspension are to be active and six months on probation. The Commission found that Paramount, while engaged in the rental management business, had, through an unlicensed employee, engaged in acts in violation of the Real Estate License Law and Commission Rules pertaining to the handling and accounting of funds and the retention and maintenance of proper records. The Commission found that Mr. Mincher, as Principal Broker of the corporation and Broker-in-Charge of its Brunswick County office, was not personally aware of the acts of the unlicensed employee but by his position should have been aware.

JAMES H. O'NEAL (Watauga County) —By Consent, the Commission suspended Mr. O'Neal's broker's license for three years effective March 1,1987. Two years of the suspension are to be active and one year on probation. The Commission found that Mr. O'Neal, while previously licensed as a real estate salesman, had allowed unlicensed persons to supervise his acts as a time share salesman.

MARCELLA W. RUDISILL (Lincolnton)—The Commission suspended Ms. Rudisill's broker's license for three years effective March 1, 1987 based upon her conviction of a criminal offense involving moral turpitude which would reasonably affect her performance in,the real estate business; namely, preparing and filing an income tax return which she knew to be false in violation of federal law.

CHERYL C. RUSSELL (Atlantic Beach) —By Consent, the Commission reprimanded Mrs. Russell for failing to follow through in her responsibility to see that a Public Offering Statement was furnished to a time share purchaser.

ELIZABETH H. SCOTT (Currituck County)—By Consent, the Commission suspended Ms. Scott's salesman's license for eighteen months effective April 1, 1987. Nine months of the suspension are to be active and the remaining nine on probation. The Commission found that Ms. Scott, as an employee of Resort Promotions, Inc., had sold and offered for safe real estate without a supervising Broker-in-Charge or an active salesman's license, and for a corporation not licensed as a corporate real estate broker.

ROBERT H. TATE, JR. (Southern Pines) —By Consent, the Commission reprimanded Mr. Hate for disbursing an earnest money deposit without authority and contrary to terms of the sales contract.

WARREN S. THOMPSON (Chimney Rock)—By Consent, the Commission suspended Mr. Thompson's broker's license for six months effective March 1, 1987. Two months of the suspension are to be active and two years on probation on condition that he attend the Commission's Trust Account Short Course. The Commission found that Mr. Thompson had commingled the money of his principals with his own money. In a separate transaction, the Commission found that he failed to deliver a closing statement to the buyers and sellers. And in a separate transaction, Mr. Thompson failed to maintain deposit slips and bank statements for his escrow accounted