Disciplinary Action

AMERICAN RESORT MANAGEMENT CORPORATION (Mecklenburg County)—By Consent, the Commission revoked American Resort Management Corporation's corporate real estate license effective December 1, 1987. The Commission found that due to the acts of several corporate officers who did not hold North Carolina real estate licenses, the corporation had failed to deposit and properly disburse trust funds.

WILSON BLANKENSHIP (New Hanover County)—By Consent, the Commission revoked Mr. Blankenship's broker's license effective January 1, 1988, with the provision that he would receive a salesman's license on February 1, 1988 and that he would be eligible to have his broker's license reinstated on or after February 1, 1991. The Commission found that Mr. Blankenship, in order to induce a purchaser to purchase certain real estate, had made promises which he was unable to keep which were based upon collateral promises made by Mr. Blankenship's employer.

G. MILLER BUSSEY (Lexington)—By Consent, the Commission revoked Ms. Bussey's salesman's license effective February 1, 1988. The Commission found that Ms. Bussey had acted as a real estate broker while licensed only as a salesman. The Commission also found that Ms. Bussey had failed to deposit rents, tenant security deposits and other trust monies into a trust or escrow account, failed to deliver such funds to her supervising Broker-In-Charge, and had failed to produce trust account records for inspection by the Commission's authorized representative.

JAMES E. EAVENSON (Boone)—The Commission suspended Mr. Eavenson's salesman's license for three years effective February 1, 1988. The Commission found that Mr. Eavenson had misrepresented himself as a broker while engaging in and receiving compensation for rental management services without the knowledge of his Broker-In-Charge. The Commission also found that he had failed to deposit rents into a trust account or to deliver them to his Broker-In-Charge, and that he did not properly account for or remit the funds of others coming into his possession.

DELBERT D. GARRISON (Greenville)— By Consent, the Commission revoked Mr. Garrison's broker's license effective March 1, 1988. The Commission found that Mr. Garrison had, on two separate occasions, signed the name of a seller as having accepted an offer to purchase without the seller's knowledge or consent, and had submitted two false contracts to a lender.

JOHN 1. HARRIS (Kinston)—By Consent, the Commission suspended Mr. Harris' broker's license for two years effective February 1, 1988. The Commission found that Mr. Harris had converted to his own use funds which were to be held in escrow, and that he had failed to remit trust funds in a timely manner and to produce trust account records for inspection by the Commission's auditor. The Commission also found that Mr. Harris had recommended to a seller a refinancing method which violated VA loan guarantee rules, and when directed by the Veterans Administration to refund his fee to the sellers for arranging the transaction, he furnished the VA a copy of a check made payable to the seller ~li~ddition; the Commission found that Mr. Harris had encouraged and assisted a purchaser in misrepresenting to a lender and to the Veterans Administration that the purchasers would occupy the property as their primary residence.

JEAN D. HATHAWAY (Dare County)— The Commission reprimanded Ms. Hathaway for assisting in the payment of sales commissions to an unlicensed corporation. The Commission also found that Ms. Hathaway, while acting as project broker for a time share project, allowed the use of sales contracts which did not contain~th.e required rescission notice and failed to deposit earnest money receipts in a trust account; however, the funds were otherwise properly accounted for. Additionally, the Commission found that public offering statements were not furnished to purchasers in a timely manner during her tenure as principal broker for a corporation engaged in time share sales. The Real Estate Commission exercised its discretion in imposing lenient disciplinary action on Ms. Hathaway in recognition of her cooperation in the investigation of this matter.

BILLY HOWARD (Emerald Isle)—By Consent, the Commission reprimanded Mr. Howard for certain deficiencies in his handling and accounting of funds received pursuant to rental management agreements.

FRANK MEZIAS (Atlantic Beach)—The Commission suspended Mr. Mezias' broker's license for six months effective December 15, 1987. The Commission then suspended its Order and placed Mr. Mezias on probation for six months. The Commission found that Mr. Mezias, while acting as Broker-ln-Charge for a time share project, had employed and compensated unlicensed persons for selling time shares at the project.

JOHN W. PIERSON (New Bern)—By Consent, the Commission suspended Mr. Pierson's broker's license for thirty days effective January 1, 1988. The Commission then suspended its Order and placed Mr. Pierson on probation for one year on condition that he complete the Commission's Trust Account Short Course by May 1, 1988. The Commission found that Mr. Pierson had failed to maintain an earnest money deposit in a trust account; failed to account for or remit such deposit within a reasonable time; and disbursed the deposit to one of the parties when the disposition of said deposit was in dispute.

RONNIE B. RICKS (Clayton)—By Consent, the Commission accepted the voluntary surrender of Mr. Ricks' broker's license without any admission of guilt on his part for two years effective November 1, 1987. The Commission dismissed without prejudice certain charges against Mr. Ricks alleging that he had been convicted of a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely, violations of Title 13 U. S. C., Section 641 relating to the conversion of funds in real estate transactions involving property financed by the Farmers Home Administration.

MITZIE D. ROBINETTE (Lake Lure)—By Consent, the Commission suspended Ms. Robinette's broker's license for one year effective December IS, 1987. The Commission then suspended its Order and placed Ms. Robinette on probation for one year on condition that she complete the Commission's Trust Account Short Course. The Commission found that Ms. Robinette, while acting as a rental manager, without criminal intent cashed a rental check and failed to insist that her employer establish a trust account for the receipt of such funds.

WALTER LEE ROGERS (Scotland County)—By Consent, the Commission suspended Mr. Rogers' broker's license for four years effective December 1, 1987. Two years of the suspension are to be active and two years on probation. The Commission found that Mr. Rogers had been convicted of a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely, offering a bribe and conspiring with another person to offer a bribe.

FASIH A. SHAIKH (Cary)—The Commission accepted the voluntary surrender of Mr. Shaikh's broker's license without any admission of guilt on his part for five years effective December 1, 1987. The Commission dismissed without prejudice certain charges against Mr. Shaikh alleging that he had made misrepresentations of material facts to various parties in connection with the purchase of real estate on his own account.

MARY H. SILVER (Charlotte)—By Consent, the Commission suspended Ms. Silver's salesman's license for ninety days effective February 1, 1988. The Commission found that Ms. Silver had failed to disclose to the sellers that an offer to purchase and contract on the seller's property had been secured by a promissory note rather than a cash deposit.

TONYA-MILLER REALTY, INC. (Lexington)—By Consent, the Commission revoked the corporate real estate broker's license of Tonya-Miller Realty, Inc. effective February 1, 1988. The Commission found that an officer, director and part-owner of the corporation had failed to deposit rents, tenant security deposits and other trust monies into the corporation's trust or escrow account, and failed to produce the corporation's trust account records for inspection by the Commission's authorized representative.