Bulletin 1989 V20-1
Disciplinary Action |
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Penalties for violations of the Real Estate License Law and Commission Rules 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
GEORGE V BLAIR (New Hanover County) The Commission revoked Mr. Blair's broker's license effective February 15,1989. The Commission found that Mr. Blair, as Broker-In-Charge of a real estate office, had failed to account for and remit tenant security deposits, failed to maintain trust monies in a designated trust or escrow account, failed to maintain records of the firm's sales and rental escrow accounts, and commingled the funds of others with funds of the corporate broker at the office which he supervised.
LORNE M.BLOOVOL (Wilmington)By Consent, the Commission revoked Mr. Bloovol's broker's license effective May 1, 1989. The Commission found that Mr. Bloovol had acted as a real estate broker during a period in which his license had been suspended by the Commission, and that he had failed to account for funds received in his capacity as a real estate broker Mr. Bloovol neither admitted nor denied the allegations of misconduct.
THE BRIAN McKENZIE GROUP, LTD. (New Hanover County) The Commission revoked the corporate real estate license of the Brian McKenzie Group, Ltd. effective February 15,1989. The Commission found that the corporation had failed to account for and remit tenant security deposits, failed to maintain trust monies in a designated trust or escrow account, failed to maintain and produce records of their sales and rental escrow accounts, and commingled the funds of others with its own funds.
D. RAY ERICKSON (New Hanover County) The Commission suspended Mr. Erickson's broker's license for two years effective February 15,1989. The Commission found that Mr. Erickson, as Broker-ln-Charge of a real estate office, had failed to account for and remit tenant security deposits, failed to maintain trust monies in a designated trust or escrow account, failed to maintain records of the firm's sales and rental escrow accounts, and commingled the funds of others with funds of the corporate broker at the office which he supervised. .
HOWARD C. FODRIE (Carolina Beach) The Commission revoked Mr. Fodrie's salesman's license effective April 1,1989. The Commission found that Mr. Fodrie, as a salesman at a time share project, misrepresented the benefits accorded by membership in a time share exchange program and acted as a real estate salesman without the adequate, personal supervision of his supervising Broker-In-Charge.
DAVID L. FRIEDRICHS (Wrightsville Beach) The Commission revoked Mr. Friedrichs' broker's license effective April 1,1989. The
Commission found that Mr. Friedrichs, as Principal Broker and Broker-In-Charge of a real estate corporation, had failed to account for and remit funds which he held for others, failed to maintain trust monies in a trust or escrow account, and failed to maintain and produce adequate records of the funds of others which he handled. The Commission also found that he had commingled the funds of others with those of the corporation, and that he had expended trust funds for his personal and business expenses.
RAYMOND E. HAWKE, JR. (New Hanover County)By Consent, the Commission suspended Mr. Hawke's salesman's license for four Years effective April 15, 1989. The Commission found that Mr. Hawke had pleaded guilty to criminal offenses involving moral turpitude which would reasonably affect his performance in the real estate business; namely, possession with intent to sell and deliver a controlled substance and possession of a controlled substance and drug paraphernalia.
ERIC M. HENRY (Burlington)By Consent, the Commission suspended Mr. Henry's broker's license for two years effective May 1, 1989. Two months of the suspension are to be active and one year suspended on condition that he complete the Commission's Trust Account Course. The Commission found that Mr. Henry had failed to maintain adequate records of real estate transactions, failed to remit trust funds to others in a timely manner commingled,the funds of others with his own funds, and maintained tom - funds in an interest-bearing account without~the authorization of tl~e~owners of the funds. No person lost monies as a result of Mr. Henry's conduct.
MICHAEL N. McELREATH (Asheville)By Consent, the Commission suspended Mr. McElreath's salesman's license for six months effective July 1,1989. The Commission found that Mr. McElreath had pleaded guilty to criminal offenses involving moral turpitude which would reasonably affect his performance in the real estate business; namely, two counts of sale and delivery of a controlled substance for which he was given work release. The Commission noted that he had subsequently been released from all obligations to the State.
MIKE MEANY (Brevard)By Consent, the Commission suspended Mr. Meany's broker's license for thirty days effective April 7,1989. The Commission then suspended its Order. The Commission found that Mr. Meany had omitted a material fact in a real estate transaction by acting as an agent in the transaction without properly disclosing to the seller that he was a director and stockholder of the corporation which purchased the seller's property.
GEORGE W. C. MORELAND, JR. (Charlotte) The Commission revoked Mr. Moreland's broker's license effective April 1, 1989. The Commission found that Mr. Moreland, as Principal Broker and Broker-In-Charge of a real estate corporation, had failed to account for and remit funds which he held as Broker-In-Charge, and failed to exercise any authority or control over the corporation. The Commission also found that he had permitted an unlicensed person to act for the corporation in a capacity for which a real estate license was required.
JENNIFER M. STANLEY (New Hanover County)By Consent, the Commission suspended Ms. Stanley's salesman's license for three years effective June 1,1989. One year of the suspension is to be active and the remainder suspended for a probationary period of two years. The Commission found that Ms. Stanley had made a false representation on her application for a real estate license.
DALE H. WARD (Boone)By Consent, the Commission suspended Mr. Ward's broker's license for six months effective April 1,1989. Two months of the suspension are to be active and the remainder suspended for a probationary term of four months. The Commission found that Mr. Ward had pleaded guilty to a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely misdemeanor breaking and entering (into the office of another real estate agent).