Bulletin 1990 V21-1

Disciplinary Action

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Penalties for violations of the Real Estate License Law and Commission 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.

OLIVER J. BEAMAN (Greensboro) - By Consent, the Commission suspended Mr. Beaman's broker's license for 180 days effective February 1, 1990. Ninety days of the suspension are to be active and one year on probation. The Commission found that Mr. Beaman had failed, within a reasonable time, to account for or to remit monies coming into his possession which belonged to others. Mr. Beaman neither admitted nor denied any misconduct.

BILLY GOAT MANAGEMENT, INC. (Avery/Watauga County) - The Commission revoked the corporate real estate license of Billy Goat Management, Inc. effective January 1, 1990. The Commission found that the corporation had failed to promptly remit all advance rental deposits to a subsequent purchaser of the corporation's rental management business and that it had instead converted the funds to its own use. The Commission also found that the corporation had violated various provisions of the License hew and Commission rules regarding the deposit and maintenance of trust funds.

WILLIAM H. BOWSER (Calabash) - By Consent, the Commission suspended Mr. Bowser's broker's license for one year effective January 10, 1990. The Commission then suspended its Order and placed Mr. Bowser on probation for one year on condition that he complete the Commission's Trust Account Course. The Commission found that Mr. Bowser had failed to deposit and maintain trust funds in a North Carolina bank, had failed to maintain adequate records regarding the funds of others, and commingled client funds with his own funds. Mr. Bowser neither admitted nor denied any misconduct.

BOWSER-CALABASH PROPERTY MANAGEMENT, INC. (Calabash) - By Consent, the Commission suspended the corporate real estate license of Bowser-Calabash Property Management, Inc. for one year effective January 10, 1990. The Commission then suspended its Order and placed the corporation on probation~for one year on condition that it submit to the Commission a monthly accounting of its financial records compiled by a Certified Public Accountant verifying the corporation's compliance with the Commission's rules, and on the further condition that the corporation make restitution to any aggrieved parties by July 22, 1990. The Commission found that the corporation had failed to deposit and maintain trust funds in a North Carolina bank, had failed to maintain adequate records regarding the funds of others, and had commingled client funds with its own funds. The corporation neither admitted nor denied any misconduct.

EUNICE M. BROCK (Chapel Hill) - By Consent, the Commission reprimanded Ms. Brock for failing to adequately maintain and supervise her firm's trust accounts and to reconcile its trust account records. During the period of March, 1986 through September, 1988 an office assistant/bookkeeper for Ms. Brock's firm converted trust funds to her own use. The Commission noted that Ms. Brock and the other owners of the firm replaced the shortage in the trust account with their own funds, reported the shortage to the Commission, and reported the office assistant/bookkeeper's conduct to the appropriate criminal law enforcement officials.

ROBERT L. BRYAN, JR. (Chapel Hill) - By Consent, the Commission reprimanded Mr. Bryan for failing to adequately maintain and supervise his firm's trust accounts and to reconcile its trust account records. During the period March, 1986 through September, 1988 an office assistant/bookkeeper for Mr. Bryan's firm converted trust funds to her own use. The Commission noted that Mr. Bryan and the other owners of the firm replaced the shortage in the trust account with their own funds, reported the shortage to the Commission, and reported the of lice assistant/bookkeeper's conduct to the appropriate criminal law enforcement officials.

JUDITH J. CLARK (Chapel Hill) - By Consent, the Commission reprimanded Ms. Clark for failing to change the description of certain listed property in the multiple listing service to reflect its true acreage size.

NANCY B. COPELAND (Chapel Hill) - By Consent, the Commission revoked Ms. Copeland's broker's license effective February 14, 1990. The Commission found that Ms. Copeland, as secretary/bookkeeper for a real estate firm, diverted funds from the firm's operating account and used them for her own personal expenses.

JEAN C. FERGUSON (Avery/Watauga County) - The Commission revoked Ms. Ferguson's broker's license effective January 1, 1990. The Commission found that Ms. Ferguson had failed to promptly remit all advance rental deposits to a subsequent purchaser of Rental management business and that she had instead converted such funds to her own use. The Commission also found that she had violated various provisions of the License Law and Commission rules regarding the deposit and maintenance of trust funds.

THOMAS R. GANTT (Charlotte) - The Commission revoked Mr. Gantt's broker's license effective January 1, 1990. The Commission found that Mr. Gantt had failed to account for and remit an earnest monk deposit to an offeror, and had instead converted the funds to his own use. The Commission further found that Mr. Gantt had abandoned his=brokerage business, therefore preventing the Commission from inspecting his trust account records.

HOUSE HUNTERS, INC. (Chapel Hill) - By Consent, the Commission reprimanded the corporation House Hunters, Inc. for failing to properly maintain its trust account records.

RAYMOND D. JONES (Raleigh) - The Commission revoked Mr. Jones' broker's license effective January 23, 1990. The Commission found that Mr. Jones, while acting as a property manager, had failed to account for and remit to his principals monies collected by him in numerous rental transactions. The Commission also found that he had issued checks to mortgage companies and to his principals which had been returned unpaid due to insufficient funds and that he had misrepresented to his principals the reason that the checks were dishonored. The Commission additionally found that Mr. Jones had failed to properly maintain his trust account records and to allow their inspection by the Commission's representatives.

VINCENT E JONES (Andrews) - By Consent, the Commission suspended Mr. Jones' broker's license for ninety days effective January 15, 1990. The Commission then suspended its Order and placed Mr. Jones on probation for one year. The Commission found that Mr. Jones had known but failed to disclose to purchasers the existence of an easement affecting property being purchased by the purchasers.

JONES & LEA REALTY, INC. (Raleigh) - The Commission revoked the corporate real estate license of Jones & Lea Realty, Inc. effective January 23, 1990. The Commission found that the corporation, while acting as a property manager, had failed to account for and remit to its principals monies collected by it in numerous rental transactions. The Commission also found that it had issued checks to mortgage companies and to its principals which had been returned unpaid due to insufficient funds and that it had misrepresented to its principals the reason that the checks were dishonored. The Commission additionally found that the corporation had failed to properly maintain its trust account records and to allow their inspection by the Commission's representatives.

DRENA E. LITTLE (WORTH) (Chapel Hid) - By Consent, the Commission reprimanded Ms. Little for failing to adequately maintain and supervise her firm's trust accounts and to reconcile its trust account records. During the period March, 1986 through September, 1988 an office assistant/bookkeeper for Ms. Little's firm converted trust funds to her own use. The Commission noted that Ms. Little and the other owners of the firm replaced the shortage in the trust account with their own funds, reported the shortage to the Commission, and reported the office assistant/bookkeeper's conduct to the appropriate criminal law enforcement officials.

LITTLE, BRYAN, WORTH, LUCAS, AND BROCK, INC. (Chapel Hill) - By Consent, the Commission reprimanded the corporation Little, Bryan, Worth, Lucas and Brock, Inc. for failing to adequately maintain and supervise their trust accounts and to reconcile their trust account records. During the period March, 1986 through September, 1988 an office assistant/bookkeeper for the firm converted trust funds to her own use. The Commission noted that the firm and its owners replaced the shortage in the trust account with their own funds, reported the shortage to the Commission, and reported the of flee assistant/bookkeeper's conduct to the appropriate criminal law enforcement officials.

ADA H. LUCAS (Chapel Hill) - By Consent, the Commission reprimanded Ms. Lucas for failing to adequately maintain and supervise her firm's trust accounts and to reconcile its trust account records. During the period March, 1986 through September, 1988 an of Lice assistant/bookkeeper for Ms. Lucas' firm converted trust funds to her own use. The Commission noted that Ms. Lucas and the other owners of the firm replaced the shortage in the trust account with their own funds, reported the shortage to the Commission, and reported the office assistant/bookkeeper's conduct to the appropriate criminal law enforcement officials.

CLARENCE VIRGIL ROBERTS (Brunswick County) - The Commission reprimanded Mr. Roberts for having been convicted of a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely, conspiracy to traffic and trafficking in cocaine. The Commission noted that Mr. Roberts had cooperated with law enforcement officials in their investigations.

DONALD L. ROSS (Charlotte) - By Consent the Commission suspended Mr. Ross' broker's license for eighteen months effective March 1 1990. Sixty days of the suspension am to be active and two years on probation. The Commission found that Mr. Ross, while engaged in pre-selling condominium units in a proposed retirement condominium project, assisted in collecting earnest monk which was not being held in escrow in a North Carolina bank in violation of North Carolina's Condominium Act.

CHARLES H. SLEDGE, JR. (Atlantic Beach) -By Consent, the Commission revoked Mr. Sledge's broker's license effective February 14 1990. The Commission found that Mr. Sledge had engaged in improper and dishonest conduct in mat estate transactions. Mr. Sledge neither admitted nor denied any misconduct.

WILLIAM R. STRICKLAND (Chapel Hill) - By Consent, the Commission reprimanded Mr. Strickland for failing as Broker-ln-Charge of a mat estate firm, to assure that the trust account records of the firm were properly maintained.

JOSEPH G. SURSAVAGE, JR. (Andrews) - By Consent, the Commission suspended Mr. Sursavage's broker's license for ninety days effective January 15, 1990. The Commission then suspended its Order and placed Mr. Sursavage on probation for one year. The Commission found that Mr. Sursavage had known but failed to disclose to purchasers the existence of an easement affecting property being purchased by the purchasers.

BERNARDUS H. VAN LEEWE (Fayetteville) -The Commission revoked Mr. Van Leewe's broker's license effective December 1, 1989. The Commission found that Mr. Van ieewe had improperly counseled buyers in a mal estate transaction to submit a false contract to a seller and lender showing that the property was being purchased by someone other than the actual purchasers in order to obtain a Veterans Administration guaranteed loan.

WALSH PROPERTIES, INC. (Charlotte) - By Consent, the Commission revoked the corporate real estate license of Walsh Properties, Inc. effective November 1, 1989. The Commission found that the corporation had submitted a corporate resolution in connection with the renewal of its real estate license which failed to disclose that the corporation had merged with another corporation and therefore ceased to have a separate existence. The corporation neither admitted nor denied any misconduct.

EBERN T. WATSON, JR. (Rose Hill) - By Consent, the Commission suspended Mr. Watson's salesman's license for three years and four months effective March 1, 1990. Ninety days of the suspension are to be active and three years on probation. The Commission found that Mr. Watson had been convicted of a criminal offense involving moral turpitude which would reasonably affect his performance in the Hal estate business, namely, the offense of knowingly and fraudulently making a false declaration under penalty of perjury.

BONNIE T. WILKES (Clinton) - By Consent the Commission suspended Ms. Wilkes' broker's license for two years effective January 15, 1990 of which seven months of the suspension am to be active and one year on probation. The Commission found that Ms. Wilkes had disbursed an earnest monk deposit to herself and to a seller knowing that a dispute existed between the parties as to the disposition of the funds. The Commission also found that Ms. Wilkes had given the Commission a check for her license renewal fee which was returned unpaid due to insufficient funds and that she continued to operate as a real estate broker although her license had not been renewed.

ALEXANDER W. WORTH (Chapel Hill) - By Consent, the Commission reprimanded Mr. Worth for failing to adequately maintain and supervise his firm's trust accounts and to reconcile its trust account records. During the period March, 1986 through September, 1988 an of lice assistant/bookkeeper for Mr. Worth's firm converted trust funds to her own use. The Commission noted that Mr. Worth and the other owners of the firm replaced the shortage in the trust account with their own funds, reported the shortage to the Commission, and reported the of Lice assistant/bookkeeper's conduct to the appropriate criminal law enforcement officials.

CHARLES G. ZEEMAN (Duck) - By Consent the Commission revoked Mr. Zeeman's broker's license effective February 1, 1990, provided, however, that Mr. Zeeman may apply for a met estate salesman's license after March 1, 1990. If the salesman license is issued, Mr. Zeeman will be placed on probation for two years, and at the successful completion of the probationary period he may be eligible for the "instatement of his broker's license. The Commission found that Mr. Zeernan had known but failed to disclose to Hal estate sellers that there were insufficient funds in the purchaser's bank account to cover the earnest money deposit received by Mr. Zeeman for the seller's property. The Commission noted, however, that the sellers eventually collected the earnest money from the purchasers and that Mr. Zeeman cooperated fully with the Commission's investigation of this matter