Disciplinary Action

PATRICK R. BARLOW (Caldwell County) -By consent, the Commission reprimanded Mr. Barlow for failing to provide an accurate closing statement to the parties in a real estate transaction. Mr. Barlow neither admitted nor denied the allegations.

BEACH MANAGEMENT AND REALTY, INC. (Myrtle Beach, SC) - By Consent, the Comntission~ suspended Beach Management's-corporate real estate license for six months effective August 1, 1988. The Commission then suspended its Order and placed the corporation on probation for one year. The Commission found that Beach Management had failed to deposit trust funds received in North Carolina in a designated trust or escrow account in an insured North Carolina depository.

BLF ASSOCIATES PROPERTY MANAGEMENT, INC. (Carolina Beach) - By Consent, the Commission suspended BLF Associates' corporate real estate license for one year effective September 1, 1988. The Commission then suspended its Order and placed the corporation on probation for one year. The Commission found that BLF, as managing agent for a resort condominium owners' association and as rental manager for individual unit owners at the project, had failed to deposit trust funds in a timely manner; failed to maintain an accurate running balance for such funds; and deposited trust funds in an account not designated as a trust or escrow account. The Commission also found that the corporation had charged tenants cleaning and linen fees which exceeded the actual amounts expended for these services without any accounting to the unit owners for the difference.

GERMAINE F. BREWINGTON (Carolina Beach) - By Consent, the Commission suspended Ms. Brewington's broker's license for one year effective September 1, 1988. Six months of the suspension are to be active and one year on probation on condition that she complete the Commission's Brokerage Operations Course. The Commission found that Ms. Brewington, as Principal Broker and Broker-In-Charge of a corporation which was engaged in managing an owners' association and in rental management at a resort condominium project, had failed to properly supervise a salesman in her employ. The Commission also found that she had failed to deposit trust funds in a timely manner; failed to maintain an accurate running balance for such funds; deposited trust funds in an account not designated a trust or escrow account; and was, at times, inattentive to the general status of the funds. The Commission further found that Ms. Brewington had charged tenants cleaning fees and a surcharge for linen services without any accounting to the unit owners for the difference.

TIMOTHY A. BREWINGTON (Carolina Beach) - By Consent, the Commission suspended Mr. Brewington's salesman's license for one year effective September 1, 1988. Six months of the suspension are to be active and one year on probation. The Commission found that Mr. Brewington, while engaged in managing a resort condominium owners' association and acting as rental agent at such condominium project, had failed to furnish a rental statement to a unit owner and had charged tenants cleaning and linen fees which exceeded the actual amounts expended for these services without any accounting to the unit owners for the difference. The Commission also found that Mr. Brewington had acted as a real estate salesman outside the supervision of his Broker-ln-Charge.

C. LEE CHANCEY (Fayetteville) - By Consent, the Commission revoked Mr. Chancey's broker's license effective May 19, 1988. The Commission found that Mr. Chancey had failed to make his trust account records available to the Commission's investigator.

LYNDA G. ENGLAND (Dare County) -The Commission Reprimanded Ms. England for preparing and submitting to a dosing attorney a home inspection report and invoices which misrepresented the general contractor's license and mailing address,of the person who performed the inspection. The Commission found that the inspection had been performed by a licensed Virginia general contractor, but that the inspection report and invoices contained the license number of a licensed North Carolina general contractor and the address of Ms. England's Broker-ln-Charge.

MILLARD J. FOUNTAIN, JR. and JIM FOUNTAIN REALTY, INC. (New Hanover County) - By Consent, the Commission suspended Mr. Fountain's broker's license and the corporate real estate license of Jim Fountain Realm, Inc. for one year effective August 1, 1988. The Commission then suspended its Order and placed Mr. Fountain and the corporation on probation for one year on condition that Mr. Fountain complete the Commission's Trust Account Course. The Commission found that Mr. Fountain and the corporation, Jim Fountain Realty, Inc., had deposited rent receipts and security deposits in an account which was not designated a trust or escrow account. The Commission found no loss of funds to any person arising out of this matter.

ALEXANDER J. FRANCO (Fayetteville) - By Consent, the Commission suspended Mr. Franco's broker's license for ninety days effective May 5, 1988. The Commission found that Mr. Franco had leased a rental house to a tenant without disclosing that the house was subject to a pending foreclosure proceeding.

JAMES R. FRANKLIN (Dare County) - The Commission suspended Mr. Franklin's broker's license for six months effective July 1, 1988. The Commission then suspended its Order and placed Mr. Franklin on probation for six months. The Commission found that Mr. Franklin had misrepresented a material fact by advertising a certain property in a manner that implied that the property was listed for sale with his firm when, in fact, it was not. The Commission found that he had placed his firm's "For Sale" sign on the property and caused a picture and description of the property to be published which incorrectly indicated that it was listed for sale by his firm.
In a separate action, the Commission also reprimanded Mr. Franklin and Ocean Bay Realty for allowing a salesman under his supervision to prepare a home inspection report and invoices which misrepresented the general contractor's license and mailing address of the person who performed the inspection. The Commission found that the inspection had been performed by a person licensed as a general contractor in the Commonwealth of Virginia, but that the inspection report and invoices contained the license number of a licensed North Carolina general contractor and the address of Mr. Franklin. Mr. Franklin subsequently submitted the report and invoices to the dosing attorney.

DAVID W. GREEN (Cumberland County) -By Consent, the Real Estate Commission accepted the voluntary tender of Mr. Green's broker's license and thereafter revoked said license effecrive June 30, 1988. The Commission subsequently issued to Mr. Green a salesman's license. The Commission found that the liabilities of certain trust accounts maintained by Mr. Green for the deposit and disbursement of rents and tenant security deposits exceeded the assets of those accounts at the time management of the rental properties was transferred from Mr. Green to another brokerage firm. The Commission found no loss of funds to any individual or business arising out of this matter.

GEDDIE MAXWELL HERRING (Cary) - By Consent, the Commission suspended Mr. Herring's broker's license for two years effecrive June 10, 1988. One year of the suspension is to be active and the remaining year suspended for two years probation. The Commission found that Mr. Herring had failed to disclose to the sellers that he was, in fact, acting on behalf of the purchasers, and failed to deposit and maintain trust funds in an escrow account. The Commission also found that he had paid a brokerage commission to a person who was not licensed as a real estate broker or salesman and then furnished the sellers an incomplete dosing statement which did not disclose the payment of such commission.

HAPPY HUSKEY (Myrtle Beach, S.C.) - By Consent, the Commission suspended Mr. Huskey's broker's license for thirty days effective August 1, 1988. The Commission then suspended its Order and placed Mr. Huskey on probation for one year. The Commission found that Mr. Huskey had failed to deposit trust funds that he had received in North Carolina in a designated trust or escrow account in an insured North Carolina depository.

HAROLD E. KICK, JR. (Carolina Beach) -By Consent, the Commission suspended Mr. Kick's salesman's license for one year effective August 1, 1988. The Commission found that Mr. Kick, as principal executive officer of a corporation engaged in managing a resort homeowners' association, had neglected to collect assessments from the developer-owner of certain units and failed to disclose this fact to the association.

JUNE M. KINNEY (Lexington) - By Consent, the Commission suspended Ms. Kinney's broker's license for eighteen months effective July 1, 1988, and required her to complete the Commission's Trust Account Course. The Commission found that Ms. Kinney had commingled trust funds with the funds of her real estate firm and failed to deposit an earnest money deposit in a trust or escrow within three days following acceptance of an offer to purchase.

TONYA A. LANIER (Lexington) - The Commission revoked Ms. Lanier's broker's license effective dune 1, 1988. The Commission found that Ms. Lanier had failed to deposit and maintain the funds of others in an escrow or trust account; failed to account for and remit such funds in a timely manner; and failed to maintain complete and accurate records of the funds and to make such records available to the Commission's auditor. The Commission also found that Ms. Lanier had failed to adequately and personally supervise a real estate salesman in her employ.

NATIONAL REALTY, INC. (Lexington) -By Consent, the Commission reprimanded the corporation, National Realm, Inc., for making a negligent statement of fact by promising certain purchasers of property that the corporation would continue to maintain the road to the property. The Commission noted that the corporation subsequently improved the road which was later accepted as part of the State highway system.

OCEAN BAY REALTY, ERIC. (Dare County) - The Commission suspended Ocean Bay Realty's corporation license for six months effective July 1, 1988. The Commission then suspended its Order and placed Ocean Bay on probation for six months. The Commission found that Ocean Bay had misrepresented through advertising that it had certain property listed for sale when, it did not, and that it had misrepresented the sales price of the property. The Commission also found that a "For Sale" sign of the corporation had been placed on the property without the owner's consent.

DAVID N. PETERSON (Greensboro) - The Commission revoked Mr. Peterson's salesman's license effecrive June 28, 1988. The Commission found that Mr. Peterson had been convicted of a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely, embezzlement..

MARVIN R. PHILLIPS (Boone) - By Consent, the Commission suspended Mr. Phillips' broker's license for thirty days effective August 1, 1988. The Commission then suspended its Order and placed Mr. Phillips on probation for one year. The Commission found that Mr. Phillips, as Broker-ln-Charge, had failed to properly supervise a salesman in his employ in that he did not obtain, make, keep and maintain records of must funds received by and property management agreements and leases entered into by such salesman.

BARBARA L. PRICE (Caldwell County) - By Consent, the Commission reprimanded Ms. Price for failing to provide an accurate dosing statement to the parties in a real estate transaction. Ms. Price neither admitted nor denied the allegations.

HESTON L. ROSE, JR. (Carolina Beach) -The Commission suspended Mr. Rose's broker's license for one year effective July 1, 1988. Thirty days of the suspension are to be active and one year on probation. The Commission found that Mr. Rose, as Project Broker and Broker-ln-Charge of a time share project, had failed to personally and adequately supervise the salesmen in his employ and failed to remit and account for funds due a creditor of the project. The Commission also found that Mr. Rose, while acting as Registrar for the project, recorded time share instruments which were subject to liens and pursued a course of misrepresentation to induce prospective purchasers to attend a sales presentation at the project by promising bonds which could not be delivered.

MARTINA.C ROSEBERRY (Myrtle Beach, S.C.) - By Consent, the Commission suspended Ms. Roseberry's broker's license for ninety days effective August 1, 1988. The Commission found that Ms. Roseberry had failed to deposit trust funds received in North Carolina in a designated trust or escrow account in an insured North Carolina depository.

JOHN M. STOTT (Emerald Ale) - By Consent, the Commission suspended Mr. Stott's broker's license for one year effective June 10, 1988. Ninety days of the suspension are to be active and the remainder suspended for a one-year probation. The Commission found that Mr. Stott had made a negligent omission of a material fact by failing to inform a purchaser that the size of the lot that she was purchasing had been reduced.

GLENN C. STRICKLAND (Greensboro) -By Consent, the Commission suspended Mr. Strickland's broker's license for two years effective June 1, 1988. The Commission found that Mr. Strickland had failed to account for and remit a tenant security deposit to a tenant in a timely fashion; failed to deposit the funds in a trust or escrow account; and failed to make records of his handling of the funds available for inspection by the Real Estate Commission.

JOHN D. THOMAS (Hickory) - By Consent, the Commission suspended Mr. Thomas' broker's license for sixty days effective April 10, 1988. The Commission found that Mr. Thomas, as Broker-ln-Charge, had failed to adequately supervise a salesman in his employ.

TONYA-MILLER REALTY, INC. (Lexington) - The Commission revoked Tonya Miller Realty's corporation license effective May 26, 1988. The Commission found that the corporation had failed to deposit and maintain the funds of others in an escrow or trust account and to account for and remit such funds.

VICKI VAN BUREN (Winston-Salem) - By Consent, the Commission suspended Ms. Van Buren's broker's license for one year effective June 1, 1988. The Commission then suspended its Order and placed Ms. Van Buren on probation for one year. The Commission found that Ms. Van Buren had failed to disclose to her principals the material fact that she had not collected certain earnest money due from the purchasers under a sales contract.

N. RAY WATSON (Rocky Mount) - By Consent, the Commission revoked Mr. Watson's broker's license effective August 10, 1988, upon his plea of nolo contendere to having used bank accounts that were not properly designated as trust or escrow accounts; having commingled his own personal funds and those of his firm with the funds of others; having failed to accurately account for the funds of others; having improperly expended funds held in his trust account; and having maintained the funds of others in an interest-bearing trust account without their authorization.

BETTY L. WILLIAMS (Wrightsville Beach) -By Consent, the Commission suspended Ms. Williams' broker's license for sixty days effective June 1, 1988. The Commission then suspended its Order and placed Ms. Williams on probation for one year. The Commission found that Ms. Williams, as property manager at a resort condominium and townhouse project, failed to collect, account for and remit trust funds in a timely fashion due to incorrect entries and other errors in the rental trust account records.