Disciplinary Action

FREDERICK A AMON, JR. (Charlotte)—By Consent, the Commission suspended Mr. Amon's salesman's license for twelve months effective June 15, 1989. Six months of the suspension are to be active and six months suspended. The Commission found that Mr. Amon had operated as a real estate salesman after the suspension of the license of his supervising Broker-In-Charge.

MICHAEL R. BANKS (Avery County)—By Consent, the Commission suspended Mr. Banks' broker's license for two years effective June 1, 1989. The Commission then suspended its Order and placed ME Banks on probation for two years. The Commission found that Mr. Banks had operated a real estate brokerage corporation prior to obtaining a real estate license for the corporation. The Commission also found that Mr. Banks before licensing the corporation, had prematurely advanced to the corporation funds in excess of commissions held for it in the trust account.

JUDY H. BEASLEY (Morehead City)—By Consent, the Commission revoked Ms. Beasley's broker's license effective May 11,1989. The Commission found that Ms. Beasley had failed to exercise her responsibilities and duties as Broker-In-Charge of a real estate office by failing to maintain and deposit into a trust account the funds of others received in connection with the resale of time shares and by failing to supervise persons associated with the office.

CHARLES P COOK (New Hanover County) —By Consent, the Commission revoked Mr. Cook's broker's license effective May 15,1989. The Commission found that Mr. Cook had pleaded guilty to criminal offenses involving moral turpitude which would reasonably affect his performance in the real estate business; namely embezzlement and two counts of forgery and uttering a forged instrument.

G. M. MANAGEMENT CORPORATION (Currituck County)—By Consent, the Commission revoked the corporate real estate license of G. M. Management Corporation effective May 1,1989. The Commission found that the corporation, during the marketing of real property interests in a private campground, had paid sales commissions and bonuses to persons who were not licensed as real estate brokers or salesmen.

PATRICIA A. GLOSSON (Durham) — By Consent, the Commission revoked Mrs. Glosson's broker's license effective June 1, 1989. The Commission found that Mrs. Glosson, in a transaction involving her husband as builder and seller, assisted in submitting to a lender a sales contract and an earnest money check which did not accurately recite the terms of the transaction or show the correct amount of earnest money. Mrs. Glosson neither admitted nor denied the allegations of misconduct.

DARYL L. GOETZ (Indian Beach) — By Consent, the Commission accepted the voluntary surrender of Mr. Goetz's broker's license for one year effective June 1, 1989 and dismissed without prejudice certain charges against him involving trust account recordkeeping and disbursements. The Commission noted that all funds had been properly accounted for prior to its investigation. Mr. Goetz neither admitted nor denied any misconduct.

LONNIE HALL (Spring Lake) — By Consent, the Commission suspended Mr. Hall's broker's license for one year effective August 1, 1989. Forty-five days of the suspension are to be active and one year on probation. The commission found that Mr. Hall had failed, within a reasonable time, to remit to the proper parties funds received from a purchaser for a title examination, real estate taxes and recording fees.

FRANCIS S. HAMILTON, JR. (Murphy)— By Consent, the Commission suspended Mr. Hamilton's salesman's license for twenty months effective May 15, 1989. The Commission found that Mr. Hamilton had pleaded guilty to a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely, conspiracy to possess marijuana with intent to distribute.

EMMA J. HURSH (Winston-Salem) — By Consent, the Commission reprimanded Ms. Hursh for failing to disclose to a seller that the purchaser in the transaction was Ms. Hursh's sister. The Commission noted that the sellers, however, were informed at closing, and that they elected to proceed with the closing.

THOMAS A. HYDE, III (Cumberland County)—By Consent, the Commission suspended Mr. Hyde's broker's license for five years effective May 15,1989, and required him to complete the Commission's Trust Account Course. The Commission found that Mr. Hyde had failed to maintain rental money in a trust account and had failed to transfer in a timely manner security deposits and rents to a succeeding property manager.

JEAN D. JUDGE (Brevard)—By Consent, the Commission suspended Ms. Judge's broker's license for thirty days effective May 15,1989. The Commission then suspended its Order. The Commission found that Ms. Judge 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 she was a director and stockholder of the corporation which purchased the seller's property.

N. C. STATE MARKETING, INC. (Morehead City)—By Consent, the Commission revoked the corporate real estate license of N. C. State Marketing, Inc. effective May 11, 1989. The Commission found that the corporation had failed to maintain and deposit into a trust account the funds of others received in connection with the resale of time shares.

ROBERT E. O'SULLIVAN (Fayetteville) —By Consent, the Commission suspended Mr. O'Sullivan's broker's license for nine months effective June 15, 1989. The Commission found that Mr. O'Sullivan had pleaded nolo contendere to criminal offenses involving moral turpitude which would reasonably affect his performance in the real estate business; namely, misdemeanor larceny

BENJAMIN PIGGIE (Sanford)—The Commission revoked Mr. Piggie's broker's license effective June 7,1989. The Commission found that Mr. Piggie had improperly used the funds of others which had been entrusted to him, had failed to deposit the funds into a trust or escrow account, and had failed to remit rents and security deposits to his principal.

PAUL THOMAS POSEY (Murphy) — By Consent, the Commission suspended Mr. Posey's broker's license for two years effective May 1,1989. The Commission found that Mr. Posey had pleaded guilty to a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely, conspiracy to possess marijuana with intent to distribute.

QUINELLA PARTNERS, INC. (Charlotte)— By Consent, the Commission suspended the corporate real estate license of Quinella Partners, Inc. for one year effective March 1,1989. The Commission then suspended its Order and placed the corporation on probation for one year. The Commission found that Quinella Partners, as a licensed real estate brokerage corporation involved in real estate construction and development, had failed to maintain adequate records concerning earnest money deposits on construction contracts.

JOHN B. ROCAP (Durham)—By Consent, the Commission suspended Mr. Rocap's salesman's license for five and one-half years effective May 15,1989. The Commission found that Mr. Rocap had pleaded guilty to a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely conspiracy to unlawfully distribute the controlled substance LSD.

BILLY R. SNIPES (Rowan County) — By Consent, the Commission reprimanded Mr. Snipes for negligently misrepresenting material facts concerning the future paving of a road by reason of his failure to make an adequate inquiry into the factual basis for his representations.

OSCAR F. STEWART, III (Winston-Salem) —By Consent, the Commission reprimanded Mr. Stewart for failing, as Broker-In-Charge, to advise a salesman associated with his office to disclose to a seller that the purchaser in the transaction was the salesman's sister. The Commission noted that the sellers, however, were informed at closing and that they proceeded with the closing.

SUMMER WINDS ASSOCIATION, INC. (Indian Beach)—By Consent, the Commission accepted the voluntary surrender of the corporate real estate license of Summer Winds Association, Inc. for one year effective May 25 1989 and dismissed without prejudice certain charges against the corporation involving trust account recordkeeping and disbursements. The Commission noted that all funds had been properly accounted for prior to its investigation. The corporation neither admitted nor denied any misconduct.

THOMAS F. WALKER (Avery County)—By Consent, the Commission reprimanded Mr. Walker. The Commission found that Mr. Walker, as an officer and director of a property management corporation, had permitted the corporation to engage in business and receive compensation prior to obtaining a real estate license.

CRAIG A. WHITLEY (Charlotte)—By Consent, the Commission suspended Mr. Whitley's broker's license for one year effective March 1, 1989. The Commission then suspended its Order and placed Mr. Whitley on probation for one year. The Commission found that Mr. Whitley, as principal broker and Broker-In-Charge of a real estate corporation which was involved in real estate construction and development, had failed to maintain adequate records concerning earnest money deposits on construction contracts.

WRIGHTSVILLE BEACH REALTY, I NC. (Wrightsville Beach)—By Consent, the Commission activated the five-year suspension of the corporate real estate license of Wrightsville Beach Realty, Inc. effective June 1, 1989 for violating the terms of its previous Consent Order.