DISCIPLINARY ACTION

WILLIAM F. BADGETT (Pilot Mountain)—By Consent, the Commission suspended Mr. Badgett's broker's license for two years effective August 21,1987 based upon his conviction of a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely, misapplication of bank funds.

PATRICIA BARTEE (Durham)—By Consent, the Commission suspended Ms. Bartee's license for thirty days effective September 1, 1987. The Commission then suspended its Order. The Commission found that Ms. Bartee had failed to disclose to purchasers that the soil on the property being purchased was unsuitable for a septic tank.

FRANK B. BELK ,JR. (Wake County)— By Consent, the Commission revoked Mr. Belk's broker's license effective September 1,1987. The Commission found that Mr. Belk, while representing two separate clients, commingled and converted their funds to his own use.

LORETTA J. BROWN (Havelock)—The Commission revoked Mrs. Brown's broker's license effective November 1, 1987. The Commission found that Mrs. Brown had used purchase deposits, tenant security deposits, and rents which she held for others to pay loan obligations on real estate in which she had an ownership interest.

MAURICE L. BYRD, JR. (Durham)— By Consent, the Commission suspended Mr. Byrd's salesman's license for two years effective September 2S,1987 based upon his conviction of a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely, forgery.

LELAND P. DAVIS (Fayetteville)—By Consent, the Commission revoked Mr. Davis' salesman's license effective September 18,1987. The Commission found that Mr. Davis had knowingly permitted and encouraged a purchaser to make false statements to a lender regarding the purchaser's occupancy of a house in order to obtain a real estate loan, and that he subsequently sold the property to another party but failed to convey title and submit a loan assumption application on behalf of the purchaser. The Commission also found in a separate transaction that Mr. Davis had made substantial misrepresentations and submitted false documents to the Veterans Administration in connection with his purported sale of a VA-owned property.

JAYNE GREGORY (Durham)—By Consent, the Commission reprimanded Ms. Gregory for failing to confirm that information pertaining to a property's unsuitability for a septic tank and the condition of its well was furnished to a subsequent purchaser.

MURIEL W. HELMS (Monroe)—The Commission censured Ms. Helms, as Broker-In-Charge, for failing to properly supervise the conduct of advertising by her of fire, in that she failed to review and inspect information furnished by her office to the multiple listing service which was inaccurately reported by the MLS. Ms. Helms appealed the Commission's decision to Wake County Superior Court which affirmed the Commission's decision.

ISLAND EQUITIES; INC. (Yaupon Beach)—By Consent, the Commission fined Island Equities, Inc., developer of the time share project Island Resort, $4,000 effective October 7,1987. The Commission found that Island Equities, Inc. failed to comply with Chapter 75 of the General Statutes in its solicitation of persons to attend a time share sales presentation and that such solicitation contained misrepresentations and false promises. The Commission also found that the corporation had paid sales commissions to unlicensed persons.

GAIL W. JONES (Erwin)—By Consent, the Commission revoked Ms. Jones' salesman's license effective August 21,1987. The Commission found that Ms. Jones, while acting as an on-site apartment manager, failed to deposit and maintain rent monies in a trust or escrow account.

WANDA N. JORDAN (Monroe)—The Commission reprimanded Ms. Jordan for failing to properly review and inspect information which she furnished to the multiple listing service which incorrectly reported that certain property was served by a community sewer system, when, in fact, the property was sewed by a septic tank. Ms. Jordan appealed the Commission's decision to Wake County Superior Court which affirmed the Commission's decision.

TRUDY KEARNEY (Durham)—By Consent, the Commission suspended Ms. Kearney's salesman's license for thirty days effective November 1, 1987. The Commission found that Ms. Kearney had failed to disclose to purchasers material facts concerning a property as to its unsuitability for a septic tank and the fact that the well did not meet County Health Department standards.

LINWOOD D. KING, JR. (Yaupon Beach)—By Consent, the Commission suspended Mr. King's broker's license for six months effective October 1, 1987. The Commission found that Mr. King had failed to satisfactorily carry out his duties and responsibilities as a Broker-In-Charge, including permitting unlicensed persons to engage in the sale of time shares.

ROBIN E. RAMIREZ (Fayetteville)—By Consent, the Commission reprimanded Ms. Ramirez for acting as a real estate salesman without being supervised by her designated Broker-In-Charge.

JAMES R. SAMS (Beech Mountain)— By Consent, the Commission suspended Mr. Sams' broker's license for one year effective January 1,1988. Two months of the suspension are to be active and ten months on probation on condition that he complete the Commission's Trust Account Course. The Commission found that Mr. Sams had failed to properly account for and remit monies received from others.

KENNETH K. SCHOWALD (Winston-Salem)—The Commission revoked Mr. Schowald's salesman's license effective August 1, 1986. Mr. Schowald's appeal of the Commission's decision was dismissed in Forsyth County Superior Court on August 3, 1987. The Commission found that Mr. Schowald knew or should have known that information he obtained on a property and furnished to the purchaser did not accurately reflect the true condition or value of the property. The Commission also found that he had represented and received commissions from both the seller and the purchaser in the transaction without disclosing this fact to all parties.

MITCHELL D. SECHRIEST (Dare County)—By Consent, the Commission reprimanded Mr. Sechriest for failing to disclose the purchaser's right of cancellation in two time share sales transactions.

DOUGLAS GENE STALLINGS (Raleigh)—The Commission suspended Mr. Stallings' broker's license for thirty days effective October 1,1987. The Commission then suspended its Order and placed Mr. Stallings on probation for six months. The Commission found that Mr. Stallings had failed to verify the square foot heated area of a property listed in the multiple listing service, and as a result, misrepresented the area to a subsequent purchaser.

BONNER LEE STILLER (Brunswick County)—By Consent, the Commission reprimanded Mr. Stiller. The Commission found that Mr. Stiller, without any intent to defraud or deceive, placed a "for sale" sign on and sold a lot adjacent to the one which he had listed for sale.

TIMOTHY L. WALKER (Winston-Salem)—By Consent, the Commission suspended Mr. Walker's license for thirty days effective September 25, 1987. The Commission found that Mr. Walker had made a false representation on his application for a real estate license.

WILLIAM T. WEBSTER (Maggie Valley)—By Consent, the Commission reprimanded Mr. Webster for negligently misrepresenting the right of rescission to a time share purchaser.

SUSAN L. WILLIS (Morehead City)— By Consent, the Commission reprimanded Ms. Willis for failing to apply rental proceeds to the satisfaction of an outstanding deed of trust guaranteed by the Veterans Administration.

THEODORE S. WOOD (Yaupon Beach)—By Consent, the Commission suspended Mr. Wood's salesman's license for six months effective November 1,1987. The Commission found that Mr. Wood engaged in a promotional scheme to induce purchasers to attend a time share sales presentation which was in violation of Chapter 75 of the General Statutes. The Commission also found that there was an inadequate supply of premium gifts on hand for persons who responded to the solicitation, and that Mr. Wood employed five unlicensed persons to sell time shares at the project. C:

NOTE

In the Disciplinary Action Section of the previous Real Estate Bulletin, the places of business of two licensees were incorrectly reported as being in Carolina Beach.