Disciplinary Action

EDGAR T. ACQUILIN (Asheboro) - By Consent, the Commission reprimanded Mr. Acquilin for omitting in his license application a 1988 misdemeanor criminal conviction.

ASSET MANAGEMENT & MARKETING, INC. (Carolina Beach) - By Consent, the Commission suspended the corporate real estate license of Asset Management & Marketing, Inc. for two years effective July 16, 1990. The Commission then suspended its Order and placed the corporation on probation for one year. The Commission found that the corporation had failed to maintain a trust account and trust account records with regard to the rentals of two condominium projects and had allowed its unlicensed of ricer to negotiate and sign a contract to provide rental management services.

RUFUS BARDINELLI (Franklin) - By Consent, the Commission suspended Mr. Bardinelli's salesman's license for one year. The Commission then suspended its Order and placed Mr. Bardinelli on probation for one year. The Commission found that Mr. Bardinelli had made a negligent omission of a material fact by failing to advise purchasers to ascertain the correct size of lots which they were purchasing after he had given them incorrect information about the size of the lots.

BEACH MANAGEMENT & REALTY, INC. (Calabash) - By Consent, the Commission revoked the corporate real estate license of Beach Management & Realty, Inc. effective duly 1, 1990. The Commission found that the corporation, while engaged in the rental management of condominium units, had failed to properly account for and remit the funds of others coming into its possession. The corporation neither admitted nor denied any misconduct.

BWIT FIFTY-FIFTH STREET, INC. (Charlotte) - By Consent, the Commission revoked the corporate real estate license of BWIT Fifty-Fifth Street, Inc. effective duly 12, 1990. The Commission found that the corporation had failed to maintain accurate records of its trust account transactions and to make those records available to the Commission. The corporation neither admitted nor denied any misconduct.

VAN M. CARVER (Durham) - By Consent, the Commission revoked Mr. Carver's broker's license effective October 1, 1990. Sixty days following the revocation of his license, Mr. Carver will be eligible to apply for a real estate salesman's license and may, two years following the revocation of his broker's license, apply for the reissuance of his broker's license. The Commission found that Mr. Carver had failed to maintain a separate trust account; had commingled trust funds with his personal funds, and had spent trust funds for unauthorized purchases. The Commission also found that Mr. Carver had failed to make his transaction records available to the Commission's investigator and then provided incomplete and inaccurate information to the investigator.

JANET H. CHILTON (Sanford) - By Consent the Commission suspended Ms. Chilton's broker's license for two years. Three months of the suspension are to be active and twenty-one months on probation. The Commission found that Ms. Chilton, as Broker-ln-Charge of a real estate firm, failed to properly maintain the firm's trust account.

FAIRFIELD COMMUNITIES, INC. (Sapphire Valley) - By Consent, the Commission reprimanded the corporation Fairfield Communities, Inc. for allowing an employee to sell time shares without first obtaining a real estate license.

JOHN E GARDNER (Mooresville) - By Consent, the Commission suspended Mr. Gardner's broker's license for six months effective February 15, 1990. Sixty days of the suspension are to be active and one year on probation. The Commission found that Mr. Gardner, while acting as agent for the sellers, had failed to advise the sellers of the true identity of the purchaser and failed to inform the sellers that the purchasers would be willing to pay more than the amounts offered for their properties.

TERESA DILLINGHAM GERMAN (Charlotte) - By Consent, the Commission reprimanded Ms. German for giving the Commission a check in payment of her license renewal fee which was returned unpaid. The Commission noted that Ms. German subsequently paid her renewal fee plus late filing penalty.

JOSEPH M. GRANTHAM, JR. (Carolina Beach) - By Consent, the Commission suspended Mr. Grantham's broker's license for two years effective June 16, 1990. The Commission then suspended its Order and placed Mr. Grantham on probation for one year. The Commission found that Mr. Grantham, while licensed as a real estate salesman, failed to turn over funds received from others in real estate transactions to his supervising Broker-ln-Charge or deposit the funds in a trust or escrow account.

HAROLD L. HARRISON (Rocky Mount) - By Consent, the Commission revoked Mr. Harrison's broker's license effective August 1, 1990. The Commission found that Mr. Harrison had failed to maintain client funds in his trust 'account; had failed to account for or remit rent monies to his principal, and had refused to produce complete trust account records for the Commission's auditor.

CECIL G. "HAPPY" HUSKEY, 11 (Calabash) -By Consent, the Commission revoked Mr. Huskey's broker's license effective duly I 1990. The Commission found that Mr. Huskey while engaged in the rental management of condominium units, had failed to properly account for and remit the funds of others coming into his possession. Mr. Huskey neither admitted nor denied any misconduct.

CHARLES R. JACKSON (Charlotte) - The Commission suspended Mr. Jackson's salesman's license for one year effective dune 1, 1990. The Commission found that Mr. Jackson had given the Commission a check in payment of his license renewal fee which was returned unpaid.

DAVID R. JOHNSON (Williamsburg, Virginia) - The Commission suspended Mr. Johnson's salesman's license for one year effective dune 15, 1990. Six months of the suspension are to be active and six months on probation. The Commission found that Mr. Johnson had made a false and fraudulent representation on his application for licensure concerning his educational experience and qualifications..

JOSEPH V. KNOX (Mooresville) - By Consent the Commission suspended Mr. Knox's broker's license for six months effective July 1, 1990. Sixty days of the suspension are to be active and one year on probation. The Commission found that Mr. Knox, while acting as agent for the sellers, had failed to advise the sellers of the true identity of the purchaser and failed to inform the sellers that the purchasers would be willing to pay more than the amounts offered for their properties.

ROBERT R. LEE (Rocky Mount) - By Consent, the Commission suspended Mr. Lee's salesman's license for twelve months effective May 1, 1990. The Commission found that Mr. Lee had failed to disclose material facts to purchasers in a real estate transaction; namely, that due to the flood-prone nature of the property and certain setback requirements and land use regulations, a structure could not be built on the property unless the owner first obtained a special permit and raised the structure on pilings above the high water line. Mr. Lee neither admitted nor denied any misconduct.

FRANCES K. MAGEE (Clayton) - By Consent, the Commission reprimanded Ms. Magee for failing to disclose to her principals in a prompt manner that an earnest money check had been dishonored and by assisting in the insertion of a provision in a sales contact concerning the payment of a sales commission.

KIRBY J MATAXIS (Southern Pines) - By Consent, the Commission reprimanded Ms. Mataxis for failing to make an independent investigation as to the right of a purchaser to use an alleyway providing access to property purchased by the buyer after being informed by the listing agent that the alleyway was not to be conveyed with the property.

COLLEEN A. MCKEE (Charlotte) - By Consent, the Commission reprimanded Ms. McKee for giving the Commission a check in payment of her license renewal fee which was churned unpaid. The Commission noted that Ms. McKee subsequently paid her renewal fee plus late filing penalty.

ELIZABETH A MINGES (Fayetteville) - By Consent, the Commission suspended Ms. Minges' salesman's license for twelve months effective May 1, 1990. Forty-five days of the suspension are to be active and one year on probation. The Commission found that Ms. Minges had failed to fully apprise her supervising Broker-ln-Charge of a rental transaction on property which she and others owned but which was listed with the firm of the Broker-ln-Charge. The Commission also found that she had failed to competently and properly prepare and have executed a lease with option to purchase agreement in connection with the transaction.

ELIZABETH L. PAGE (Wake County) - By Consent, the Commission revoked Ms. Page's broker's license effective April 16, 1990. The Commission found that Ms. Page had pleaded guilty to a criminal offense involving moral turpitude which would reasonably affect her performance in the real estate business; namely, embezzlement.

JOHN M. PARKER (Charlotte) - By Consent, the Commission revoked Mr. Parker's broker's license effective August 1, 1990. The Commission found that Mr. Parker, while engaged in the rental management of apartment units, had failed to properly account for the funds of others coming into his possession. The Commission also found that he had disbursed funds from the accounts of properties which he managed into his own accounts without apparent authority. Mr. Parker neither admitted nor denied any misconduct.

JAMES H. PARRISH (Franklin) - By Consent, the Commission reprimanded Mr. Parrish for failing as Broker-ln-Charge to adequately supervise the activities of a salesman associated with his firm.

PEPPERTREE RESORTS VILLAS, INC. PEPPERTREE ATLANTIC BEACH ASSOCIATES, INC. and OUTER BANKS BEACH CLUB, INC. (Avery Carteret and Dare Counties) - By Consent, the Commission fined the time share project developers Peppertree Resorts Villas, Inc., Peppertree Atlantic Beach Associates, Inc., and Outer Banks Beach Club, Inc. 580,000 for violations of the Time Share Act involving the sale and solicitation to purchase time shares at their respective projects.

RESORT PREMIERE, INC. (Avery County) - By Consent, the Commission suspended the corporate real estate license of Resort Premiere, Inc. for two years effective April 1, 1990. The Commission then suspended its Order and placed the corporation on probation for three years on certain conditions. The Commission found that the corporation had conducted a real estate brokerage business without first properly designating a Principal Broker and Broker-In-Charge; had allowed an unlicensed employee to engage in ads for which a real estate license was required; had advertised property without identifying the advertisement as the advertisement of a real estate broker; and had failed to maintain trust account records at its North Carolina of lice.

J. EDWARD RHODES (Southern Pines) - By Consent, the Commission reprimanded Mr. Rhodes. The Commission found that Mr. Rhodes, as Broker-ln-Charge of a real estate firm, had failed to inform a salesman associated with his firm that an easement allowing access to property listed by the firm was not to be conveyed in the sale, and that, in fact, the owner of the easement had refused to grant the easement to others.

MARTINA C. ROSEBERRY (Calabash) - By Consent, the Commission revoked Ms. Roseberry's broker's license effective July 1, 1990. The Commission found that Ms. Roseberry, while engaged in the rental management of condominium units, had failed to properly account for and remit the funds of others coming into her possession. Ms. Roseberry neither admitted nor denied any misconduct.

EDWARD A. SCULLY (Carolina Beach) - By Consent, the Commission suspended Mr. Scully's broker's license for one year effective July 16, 1990. The Commission found that Mr. Scully, while Broker-ln-Charge of a real estate brokerage firm, failed to adequately supervise a salesman associated with the firm.

ALLEN M. SMITH (New Bern) - By Consent, the Commission suspended Mr. Smith's broker's license for three years effective May 1, 1990. The Commission then suspended its Order and placed Mr. Smith on probation for three years on condition that he complete a Commission-approved Brokerage Operations Course. The Commission found that Mr. Smith had incorrectly stated in an offer to purchase which he had prepared that a S2,000 earnest money deposit had been made when, in fact, only 5500 had been deposited. The Commission also found that he had failed to maintain all trust monies received by him in a trust or escrow account; had commingled the funds of others with his own; and had failed to maintain adequate records of real estate transactions in which he acted as a broker.

MICHAEL W. STRAYHORN (Durham) - By Consent, the Commission suspended Mr. Strayhorn's salesman's license effective August 23, 1990. Six months of the suspension are to be active and one year on probation. The Commission found that Mr. Strayhorn had pleaded guilty to a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely, mail fraud.

WILLIAM R. STRICKLAND (Chapel Hill) - By Consent, the Commission reprimanded Mr. Strickland. The Commission found that Mr. Strickland, as Broker-ln-Charge of a real estate firm, did not properly maintain the trust account records of the firm.

TERESA H. TREXLER (Stanly County) - By Consent, the Commission suspended Ms. Trexler's salesman's license for 90 days effective June 1, 1990. The Commission then suspended its Order and placed Ms. Trexler on probation for six months. The Commission found that Ms. Trexler had made a false representation on her application for licensure which she later disclosed to the Commission.

UNION SQUARE, LTD. (Caldwell County) - By Consent, the Commission revoked the corporate real estate license of Union Square, Ltd. effective May 1, 1990. The Commission found that the corporation, while under the control of unlicensed persons and engaged in the real estate brokerage business, did not use any licensed sales agents; did not use a contract form prepared by an attorney or in compliance with the Commission's rules; and did not maintain a trust account or deposit trust funds in such an account.

GWENDOLYN E. VICK (Albemarle) - The commission revoked Ms. Vick's salesman's license effective June 1, 1990. The Commission found that Ms. Vick had failed to disclose on her application for licensure certain criminal convictions which would reasonably affect her performance in the real estate business; namely, issuing worthless checks. The Commission also found that Ms. Vick had given the Commission a check in payment of her license renewal fee which was returned unpaid.

- VMS REALTY MANAGEMENT, INC. (Raleigh) - By Consent, the Commission reprimanded the corporation VMS Realty, Inc. The Commission found that the corporation, while managing an apartment complex, had failed to maintain adequate records of the deposit and disbursement of tenant security deposits and had failed to disclose to tenants that their security deposits had been transferred out of state. The Commission noted that the corporation subsequently restored the funds to a North Carolina bank.

SHIRLEY M. WHITLEY (Clayton) - By Consent, the Commission reprimanded Ms. Whitley for failing to disclose to the seller in a prompt manner that an earnest money check had been dishonored and for inserting a provision into a sales contract concerning the payment of sales commissions.