Bulletin 1988 V19-3

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 circumstances 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.

WILLIAM DENNIS ADAMS, III (Wilson) - By Consent, the Commission reprimanded Mr. Adams for failing to assure that a salesman under his supervision performed all acts for which a real estate license was required.

FREDERICK A. AMON,JR.(Hickory) - By Consent, the Commission suspended Mr. Amon's salesman's license for six months effective August 15, 1988. The Commission found that Mr. Amon had failed to deliver an earnest money deposit to his supervising Broker-ln-Charge and that he had disbursed the deposit while it was the subject of dispute between the parties.

CONRAD A. CLEMENT, JR. (Concord) - By Consent, the Commission suspended Mr. Clement's broker's license for six months effective October 1, 1988. The Commission then suspended its Order.The Commission found that Mr. Clements had made negligent misrepresentations by representing that a property offered for sale contained 2,100 square feet of heated area when, in fact, it had 1,864 and that the lot was one acre in size when, in fact it was .8333 acre.

SANDRA L. CLEMENT (Concord) - By Consent, the Commission reprimanded Mrs. Clement for making a negligent misrepresentation by representing that a property offered for sale contained 2,100 square feet of heated area when, in fact, it had 1,864 and that the lot was one acre in size when, in fact, it was .8333 acre.

LAWRENCE J. DEVENNEY (Waxhaw) - By Consent, the Commission reprimanded Mr. Devenney for making a negligent misrepresentation by showing a prospective purchaser a certain lot in a subdivision but advising the purchaser that he was being shown a different lot. Mr. Devenney neither admitted to nor denied this allegation.

WAYNE A. FRIEND (Dare County) - By Consent, the Commission suspended Mr. Friend's broker's license for six months effective August 1, 1988. The Commission then suspended its Order and placed Mr. Friend on probation for one year. The Commission found that Mr. Friend had acknowledged in a contract of sale, the receipt of an S8,000 deposit but that there was no record of this deposit having been received. Mr. Friend neither admitted to nor denied this allegation.

WILMA G. HARDIN (Morehead City) - By Consent, the Commission revoked Ms. Hardin's salesman's license effective August 16, 1988. The Commission found that Ms. Hardin had failed to deposit trust funds in a trust account and converted the funds to her own use.

PATRICIA C. MELTON (Monroe) - By Consent, the Commission suspended Ms. Melton's salesman's license for six months effective August 15, 1988. The Commission found that Ms. Melton had made a negligent omission of a material fact by failing to inform prospective purchasers that a listed property had been previously damaged by fire. The Commission also found that Ms. Melton had failed to maintain an earnest money deposit in a trust account by disbursing it while it was under dispute between the parties.

HAROLD C. HINKLE (Dare County) - The Commission revoked Mr. Hinkle's salesman's license effective duly 1, 1988. The Commission found that Mr. Hinkle had misrepresented a time share developer's ability and intent to deliver a lien-free time share instrument and had failed to give public offering statements to prospective purchasers. The Commission also found that Mr. Hinkle had diverted escrow monies from the developer to pay sales commissions and that he had acted as a real estate salesman without the personal and adequate supervision of a broker.

THOMAS CLAUDE LOWERY and CLAUDE LOWERY REAL ESTATE, INC. (Forest City) - By Consent, the Commission reprimanded Mr. Lowery and the corporation Claude Lowery Real Estate, Inc. for inaccurately reporting on closing statements the balance of an existing loan and the fact that the loan was assumed. Mr. Lowery did not admit that either he or the corporation was acting as a real estate broker in the transaction.

DOUGLAS L. MCMULLIN (Dare County) - The Commission suspended Mr. McMullin's salesman's license for one year effective July 1, 1988. The Commission then suspended its Order and placed Mr. McMullin on probation for one year. The Commission found that Mr. McMullin had misrepresented a time share developer's ability and intent to deliver a lien-free time share instrument and had failed to give public offering statements to prospective purchasers. The Commission also found that Mr. McMullin had acted as a real estate salesman without the personal and adequate supervision of a broker.

THERESA S. NICHOLS (Wilson) - By Consent, the Commission reprimanded Ms. Nichols for acting as a real estate salesman after the expiration of her real estate license.

BOBBY L. RUCKER (Dare County) - The Commission revoked Mr. Rucker's salesman's license effective July 1, 1988. The Commission found that Mr. Rucker had misrepresented a time share developer's ability and intent to deliver a lien-free time share instrument and had failed to give public offering statements to prospective purchasers. The Commission also found that Mr. Rucker had diverted escrow monies from the developer to pay sales commissions and that he had acted as a real estate salesman without the personal and adequate supervision of a broker.

SUMMER TIME SHARES, INC. (Burnsville) - By Consent, the Commission fined Summer Time Shares, Inc., developer of the time share Alpine Village, $1,000 for failing to deliver public offering statements to time share purchasers. The Commission noted, however, that the corporation did not act with any intent to violate the Time Share Act, in that the purchasers who did not receive public offering statements had previously purchased time shares from the corporation and had, at that time, received public offering statements.

WOODROW W. THOMASSON, JR. (Raleigh)-By Consent, the Commission suspended Mr. Thomasson's broker's license for one year effective December 1,1988. Thirty days of the suspension are to be active and one year on probation on condition that he complete a Real Estate Law Course. The Commission found that Mr. Thomasson, during a probationary period from a previous violation of the Real Estate License Law, had advertised a property listed with him without identifying it as the advertisement of a real estate firm. The Commission also found that he had failed to furnish a copy of a lease-option agreement to the prospective tenant-optionee and had failed to retain a COW for his records.

WADDELL PROPERTIES, INC. and WADDELL BENEFIT PLANS, INC. (Chapel Hill) - By Consent, the Commission revoked the corporation licenses of Waddell Properties, Inc. and Waddell Benefit Plans, Inc. effective September 1, 1988 for acting as corporate real estate brokers after their red estate licenses had expired. The corporations did not admit to any specific act of misconduct.

THOMAS B. WAHL (Burnsville) - By Consent, the Commission reprimanded Mr. Wahl for failing, as developer and project broker for a time share project, to deliver public offering statements to time share purchasers. The Commission noted, however, that Mr. Wahl did not act with any intent to violate the Time Share Act, in that the purchasers who did not receive public offering statements had previously purchased time shares from Mr. Wahl and had, at that time, received public offering statements.

NANCY W. WILLIAMS (Dare County) - The Commission suspended Mrs. Williams' salesman's license for six months effective July 1, 1988. The Commission then suspended its Order and placed Mrs. Williams on probation for six months. The Commission found that Mrs. Williams had misrepresented a time share developer's ability and intent to deliver a lien-free time share instrument and had failed to give public offering statements to prospective purchasers. The Commission also found that Mrs. Williams had acted as a real estate salesman without the personal and adequate supervision of a broker.

SHELTON H. WILLIAMS (Dare County) - The Commission suspended Mr. Williams' salesman's license for six months effective July 1, 1988. The Commission then suspended its Order and placed Mr. Williams on probation for six months. The Commission found that Mr. Williams had misrepresented a time share developer's ability and intent to deliver a lien-free time share instrument and had failed to give public offering statements to prospective purchasers. The Commission also found that Mr. Williams had acted as a real estate salesman without the personal and adequate supervision of a broker.

MILDRED T. WRIGHT (Monroe) - By Consent, the Commission suspended Ms. Wright's broker's license for six months effective September 15, 1988. The Commission then suspended its Order and placed Ms. Wright on probation for one year on condition that she complete the Commission's Trust Account Course. The Commission found that Ms. Wright as Broker-ln-Charge had failed to actively and personally supervise the acts of a salesman in a manner which would reasonably assure that the salesman performed all acts for which a real estate license is required.

WRIGHTSVILLE BEACH REALTY, INC. (Wrightsville Beach) - By Consent, the Commission suspended the corporate real estate broker's license of Wrightsville Beach Realty, Inc. for five effective November 3, 1988. The Commission then suspended its Order and placed the corporation on probation for five years on condition that the previous Broker-In-Charge not be associated in any capacity with the corporation; that the corporation shall inform all clients of the Commission's action; and that the corporation undertake all accounting practices necessary to comply with the Real Estate License Law and Rules, including furnishing the Commission monthly reports as to its progress. The Commission found that the corporation, while under the control of a previous Broker-ln-Charge, had failed to accurately account for, remit, and maintain adequate and accurate records regarding the funds of others, and had failed to deposit and maintain such funds in a designated trust account.