Bulletin 1990 V21-3

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 descriptor on of such facts cannot be reported in the following Disciplinary Action summaries

JANICE H. BARKER (Charlotte) - By Consent, the Commission suspended Ms. Barker's salesman's license for 30 days effective September 1, 1990. The Commission then suspended its Order. The Commission found that Ms. Barker had incompetently prepared an offer to purchase by inserting a provision requiring title to be conveyed by a full warranty deed and then including a clause which was inconsistent with this provision whereby the parties were to enter into a lease purchase agreement. Ms. Barker neither admitted nor denied any misconduct.

JAMES M. BATTLE (Sanford) - The Commission suspended Mr. Battle's broker's license for one year effective August 1, 1990. The Commission then suspended its Order and placed Mr. Battle on probation for one year. The Commission found that Mr. Battle had participated in unlawful discrimination in the sale of real esute in violation of the North Carolina Fair Housing Act.

LEE F. CARTER (Avery County) - By Consent, the Commission suspended Mr. Carter's broker's license for two years effective August 15, 1990. Ten months of the suspension are to be active and fourteen months on probation. The Commission found that Mr. Carter had, as a Brokerln-Charge of a real esute office, allowed an unlicensed person to perform acts for which a real esute license is required; had allowed the name of a real esute salesman under his supervision to be included in a real estate advertisement without disclosing Mr. Carter's name or the name of the firm with which the salesman was associated; and had failed to properly maintain transaction records.

CHARLOTTE RELOCATION, INC. (Charlotte) - By Consent, the Commission accepted the permanent voluntary surrender of the corporate real esute license of Charlotte Relocation, Inc. effective September 10, 1990 and dismissed without prejudice certain charges against the corporation alleging that it had failed to disclose material facts to its principal in a lease transaction.

DAVID T. CLENNEY (McClean, Virginia) - By Consent, the Commission revoked Mr. Clenney's salesman's license effective August 15, 1990. The Commission found that Mr. Clenney had made a false and fraudulent representation on his application for licensure regarding prior criminal convictions.

LOMES W. CREECH (Zebulon ) - By Consent, the Commission reprimanded Mr. Creech for making a willful misrepresentation of a material fact regarding suite maintenance of streets in a subdivision in which he was selling lots.

HOWARD A. FELDER, JR. (Watauga County) - By Consent, the Commission suspended Mr. Felder's broker's license for four months effective September 1, 1990. The Commission found that Mr. Felder had allowed unlicensed persons to act as time share salesmen.

JAMES L. HAYTER (Sanford) - The Commission reprimanded Mr. Hayter for participating in unlawful discrimination in the sale of real estate in violation of the North Carolina Fair Housing Act.

GAINES R. JOHNSON (Sanford) - The Commission suspended Mr. Johnson's salesman's license for two yearsieffective August 1, 1990. One year of the suspensionis to be active~and one year on probation. The Commission found that Mr. Johnson had participated in unlawful discrimination in the sale of real esute in violation of the North Carolina Fair Housing Act

MARK A MADDALON (Charlotte) - By Consent, the Commission revoked Mr. Maddalon's broker's license effective September 19, 1990. The Commission found that Mr. Maddalon had failed to maintain proper records of real esute property transactions he conducted on behalf of his principals and as a result, he could not explain or justify trust fund transactions. Mr. Maddalon neither admitted nor denied any misconduct.

MARVIN T. NARMORE (Banner Elk) - By Consent, the Commission suspended Mr. Narmore's broker's license for one year effective November 1, 1990. Forty-five days of the suspension are to be active and one year on probation. The Commission found that Mr. Narmore, while selling his own property, represented that roads in his subdivision would be paved, but he did not pave the roads until required to do so by the county The Commission also found that Mr. Narmore had given property owners incorrect information concerning the lot lines and corners of their building sites. Mr. Narmore neither admitted nor denied any misconduct.

CLARENCE VIRGIL ROBERTS (Brunswick County) -By Consent, the Commission suspended Mr. Roberts' broker's license for three years effective November 1, 1990. Ninny days of the suspension are to be active and thirty-three months on probation. The Commission found that Mr. Roberts had failed to disclose to a seller that the person named in an offer to purchase which he presented to the seller was not, in fact, the true purchaser; and that he had failed to present an offer or otherwise disclose another purchaser's interest in the seller's property