Disciplinary Action

LOUISE S. ALLEN (Troy) - By Consent, the Commission revoked Ms. Allen's broker's license effective April 15, 1991. The Commission found that Ms. Allen had issued a check from her trust account which was returned unpaid due to insufficient funds, and that she was unable to produce complete and accurate records pertaining to her trust account when directed to do so by the Commission's representative.

JAMES M. ALLRED (Sanford) - By Consent, the Commission suspended Mr. Allred's salesman's license for five years effective June 1, 1991. Two years of the suspension are to be active and the remaining period stayed for a probationary term of three years on condition that he complete the Commission's Trust Account, Law, and Brokerage Operations courses. The Commission found that Mr. Allred had failed to deposit and maintain rents in a trust account and had failed to make his records of his handling and accounting of trust funds available for inspection by the Commission's representatives.

JOSEPH ASKEW (Kinston) - By Consent, the Commission suspended Mr. Askew's broker's license for one year effective June 1, 1991. The Commission then stayed its Order and placed Mr. Askew on probation for one year. The Commission found that Mr. Askew had made a false representation on his application for a North Carolina Auctioneer's license. Mr. Askew neither admitted nor denied any misconduct.

THURSTON M. BEADLE (Raleigh) - By Consent, the Commission revoked Mr. Beadle's broker's license effective March 6, 1991. The Commission found that Mr. Beadle had failed to account for funds received in a real estate transaction and had failed to produce records relating to such funds for inspection by the Commission's representatives.

KITTY P. BECK (Raleigh) - By Consent, the Commission revoked Ms. Beck's broker's license effective May 24, 1991. The Commission then granted a real estate salesman's license to her. The Commission found that Ms. Beck had pled guilty to the criminal offense of bank fraud.

BECK REALTY COMPANY, INC. (Raleigh) - By Consent, the Commission revoked the corporate real estate license of Beck Realty, Inc. effective May 24, 1991. The Commission found that the broker-in-charge and principal broker of this corporation had pled guilty to the criminal offense of bank fraud.

LESLIE D. BRANT (Carteret County) -By Consent, the Commission suspended Mr. grant's broker's license for one year effective June 1, 1991. The Commission then stayed its Order and placed Mr. Brant on probation for one year on condition that he complete the Commission's Trust Account Course. The Commission found that Mr. Brant had failed to maintain adequate ledgers, journal entries, deposit records and a running balance for funds received in a real estate transaction.

JOAN L. BURROUGHS (Wadesboro) -By Consent, the Commission suspended Ms. Burroughs' broker's license for two years effective duly 1, 1991. At least six months of the suspension are to be active and the remaining period stayed for a probationary term of two years. The Commission found that Ms. Burroughs, as broker-in-charge of the real estate firm, used listing contracts and offer to purchase forms which did not comply with Commission rules. The Commission also found that she failed to maintain complete ledger cards for real estate transactions, failed to perform monthly reconciliations of ledgers, bank statements and journals, used an interest-bearing trust account without written authorization from the parties, and accumulated an overage of funds in her trust account, the ownership of which could not be identified by her records.

BURROUGHS REALTY CORPORATION (Wadesboro) - By Consent, the Commission suspended the corporate real estate license of Burroughs Realty Corporation for two years effective July 1, 1991. Six months of the suspension are to be active and the remaining period stayed for a probationary term of two years. The Commission found that the corporation had used listing contracts and offer to purchase forms which did not comply with Commission rules. The Commission also found that the corporation failed to maintain complete ledger cards for real estate transactions, failed to perform monthly reconciliations of ledgers, bank statements and journals, used an interest-bearing trust account without written authorization from the parties, and accumulated an overage of funds in its trust account, the ownership of which could not be identified by its records.

WILLIAM H. CARTER (Charlotte) - By Consent, the Commission reprimanded Mr. Carter effective May 1, 1991 for failing to inform a lender of his purchase of property which was subject to a "due on sale" clause. Mr. Carter neither admitted nor denied any misconduct.

W.H. CARTER & COMPANY, INC. (Charlotte) - By Consent, the Commission suspended the corporate real estate license of W.H. Carter & Company, Inc. for thirty days effective May 1, 1991. The Commission then stayed its Order. The Commission found that the broker-in-charge and principal broker of the corporation had failed to notify a lender of his purchase of real estate which was subject to a "due on sale" clause. The corporation neither admitted nor denied any misconduct.

MARY D. COKER (Sapphire Valley) -By Consent, the Commission suspended Ms. Coker's broker's license for sixty days effective March 15, 1991. The Commission then stayed its Order for a probationary period of one year. The Commission found that Ms. Coker had allowed the closing of a real estate transaction on property encumbered by a deed of trust containing a "due on sale" clause without the knowledge or consent of the lender.

FRANCES S. COOPER (Morehead City) - By Consent, the Commission reprimanded Ms. Cooper effective July 1, 1991 for representing the heating system for a property as a heat pump when, in fact, the property was serviced by heat strips and a separate air conditioner. The Commission noted that Ms. Cooper reimbursed the buyers the cost of purchasing and installing a heat pump.

JAMES C. COX (Chadbourn) - By Consent, the Commission suspended Mr. Cox's broker's license for sixty days effective December 1, 1989. The Commission then stayed its Order and placed Mr. Cox on probation for one year. The Commission found that Mr. Cox had, as broker-in-charge of a real estate office, permitted the use of an offer to purchase form which did not comply with Commission rules.

WILLIAM M. ECHOLS, JR. (Wilmington) - By Consent, the Commission revoked Mr. Echol's broker's license effective August 1, 1991. The Commission found that Mr. Echols failed to maintain ledgers, running balances and other records relating to trust accounts used in connection with his property management activities. Mr. Echols neither admitted nor denied any misconduct.

ECHOLS PROPERTY MANAGEMENT CORPORATION (Wilmington) - By Consent, the Commission revoked the corporate real estate license of Echols Property Management Corporation effective August 1, 1991. The Commission found that the corporation had failed to maintain ledgers, running balances and other records relating to trust accounts used in connection with its property management activities. The corporation neither admitted nor denied any misconduct.

PHILIP L. FLYNN (Fayetteville) - By Consent, the Commission reprimanded Mr. Flynn effective June 15, 1991 for depositing rents collected on client properties with funds received from his personal rental properties. The Commission also found that he had failed to maintain individual transaction ledgers on properties which he managed and had used lease agreements which did not identify the bank in which tenant security deposits would be held.

GEORGE GOODWIN, JR. (Atlantic Beach) - By Consent, the Commission revoked Mr. Goodwin's broker's license effective October 1, 1991. The Commission found that Mr. Goodwin, while managing condominium units, had charged homeowners amounts in excess of the actual cost of equipment and services that he had procured on their behalf, and that he had failed to disclose the receipt of rents collected on behalf of homeowners. The Commission also found that he had failed to properly designate a trust account, had failed to reconcile bank statements, had failed to keep adequate trust account records, and had converted trust funds to his own use. Mr. Goodwin neither admitted nor denied any misconduct.

ROBERT B. GUNTER (Durham) - By Consent, the Commission suspended Mr. Gunter's broker's license for eighteen months effective May 15, 1991. Ninety days of the suspension are to be active and the remaining period stayed for a probationary term of fifteen months. The Commission found that Mr. Gunter had, as listing agent, failed to reveal to a seller that the offerors in an offer to purchase which he presented to the seller were his cousins and that he might potentially become involved in the development of the property. The Commission also found that he had deposited an earnest money deposit on the transaction into an interest-bearing trust account without any written authorization from the parties. Mr. Gunter neither admitted nor denied any misconduct.

VERNON C. GUTHRIE, JR. (Morehead City) - By Consent, the Commission suspended Mr. Guthrie's broker's license effective duly 1, 1991. Thirty days of the suspension are to be active and the remaining period stayed for a probationary term of six months. The Commission found that Mr. Guthrie, in a transaction in which he was a purchaser of real estate, had disbursed a disputed earnest money deposit without the authorization of the seller. The Commission noted that Mr. Guthrie subsequently paid the earnest monthly deposit to the seller.

ALEXANDER D. GUY, II Jacksonville) - By Consent, the Commission revoked Mr. Guy's broker's license effective May 1, 1991. The Commission then approved the issuance of a salesman's license to Mr. Guy no sooner than May 1, 1993. The commission found that Mr. Guy had been convicted of a criminal offense involving moral turpitude which could reasonably affect his performance in the real estate business; namely, obtaining property by false pretenses.

MARTI A. HAMPTON (Raleigh) - By Consent, the Commission suspended Ms. Hampton's broker's license for six months effective July 1, 1991. Thirty days of the suspension are to be active and the remaining period stayed for a probationary term of six months. The Commission found that Ms. Hampton, while licensed as a salesman, had engaged in property management activities without the knowledge of the supervising broker-in-charge.

ERIC L. HOSKINS (Greensboro) - By Consent, the Commission reprimanded Mr. Hoskins effective April 15, 1991 for failing to inform a purchaser prior to closing that a lot being purchased by the purchaser was not connected to city water and sewer. In a subsequent action, the Commission suspended Mr. Hoskin's broker's license for ninety days effective April 15, 1991 and required him to complete Commission-approved Brokerage Operations and Trust Account courses. In this case, the Commission found that Mr. Hoskins had failed to maintain and retain trust account records sufficient to verify the adequacy and proper use of the account and had failed to reconcile bank statements with the trust account journal.

AMY V. HUDSON (Chadbourn) - By Consent, the Commission suspended Ms. Hudson's salesman's license for sixty days effective December 1, 1989. The Commission then stayed its Order and placed Ms. Hudson on probation for one year. The Commission found that Ms. Hudson had used an offer to purchase form which did not comply with Commission rules.

VIRGINIA S; JOINES (Chapel Hill) - By Consent, the Commission reprimanded Ms. Joines effective April 8, 1991 for failing to disclose to a purchaser that the chimney on the property being purchased was separating from the house.

JUNE M. KINNEY (Lexington) - By Consent, the Commission reprimanded Ms. Kinney effective May 10, 1991 for failing as a broker-in-charge to properly supervise a salesman who did not communicate to a seller in a timely manner a buyer's request for a refund of his earnest money deposit.

KINNEY REALTY, INC. (Lexington) -By Consent, the Commission reprimanded the corporate real estate licensee Kinney Realty, Inc. effective May 10, 1991 for failing to communicate to a seller in a timely manner a buyer's request for a refund of his earnest money deposit.

C. WAYNE KINSER (Asheville) - By Consent- the Commission reprimanded Mr. Kinser effective July 15, 1991 for allowing, as a principal broker and broker-in-charge of a corporate real estate broker, unlicensed employees to solicit and obtain listings for the sale of time shares.

ROBERT F. KNOWLES (Raleigh) - By Consent, the commission revoked Mr. Knowles' broker's license effective June 15, 1991. The Commission found that Mr. Knowles had failed to deposit and maintain a lease deposit in his trust account.

RONNIE T. LOFTIS (Lexington) - By Consent, the Commission reprimanded Mr. Loftis effective May 10, 1991 for failing to communicate to a seller in a timely manner a buyer's request for a refund of his earnest money deposit.

GILBERT MacLEAN (Burlington) - By Consent, the Commission suspended Mr. MacLean's broker's license for five years effective May 1, 1991. The Commission found that Mr. MacLean had caused purchase contracts to be submitted to a lender which did not accurately recite the sales price and earnest money deposits for the properties in an attempt to obtain for the purchasers loans in excess of the lender's customary loan-to-value policy. Mr. MacLean neither admitted nor denied any misconduct.

JOYCE M. MADDALON (Charlotte) -The Commission suspended Ms. Maddalon's broker's license for ninety days effective duly 1, 1991. The Commission then stayed its Order. The Commission found that Ms. Maddalon had, as broker-in-charge, failed to maintain proper trust account records and had failed to maintain trust funds on deposit in her trust account, allowing them to be converted by another person. The Commission noted that Ms. Maddalon had restored to her trust account the funds in question.

MADDALON UNLIMITED, INC. (Charlotte) - The Commission revoked the corporate real estate license of Maddalon Unlimited, Inc. effective July 1, 1991. The Commission found that the corporation had failed to maintain proper trust account records, failed to maintain trust funds on deposit, and converted trust funds to the benefit of its shareholders.

MICHAEL M. MARTIN (Fayetteville) -By Consent, the Commission suspended Mr. Martin's salesman's license for eighteen months effective May 15, 1991. The Commission then stayed its Order and placed Mr. Martin on probation for one year. The Commission found that Mr. Martin had failed to deliver to the buyers a counter-offer made by a seller in a real estate transaction and failed to provide the lender with the purchaser's completed loan application, including a fully executed purchase contract.

ALLEN W. MAY (Calabash) - By Consent, the Commission revoked Mr. May's broker's license effective dune 17, 1991. The Commission found that Mr. May had sold real estate by land sales contract without disclosing to the purchasers that the real estate was being used as collateral on loans and had delivered general warranty deeds to real estate without noting that the property was encumbered. Mr. May neither admitted nor denied any misconduct.

SEDBERRY B. NORTON (Burlington) - By Consent, the Commission suspended Mr. Norton's broker's license for one year effective August 1, 1991. Six months of the suspension are to be active and the remaining period stayed for a probationary term of six months. The Commission found that Mr. Norton, while acting as selling agent in a transaction, failed to disclose to the sellers his intent to acquire rights in sales contracts and options from potential purchasers which he had procured.

MARION M. PEACE (Henderson) - By Consent, the Commission reprimanded Ms. Peace effective duly 24, 1991 for informing a buyer and a surveyor that an easement across a lot being sold had been closed when, in fact, she did not have an adequate legal or factual basis to make the statement.

JANICE M. ROSENBERG (Raleigh) By Consent, the Commission suspended Ms. Rosenberg's salesman's license for six months effective July 1, 1991. Thirty days of the suspension are to be active and the remaining period stayed for a probationary term of six months. The Commission found that Ms. Rosenberg had, as a salesman, received compensation directly from parties other than her supervising broker-in-charge.

FREDERICK K. RUFFIN(Durham) - By Consent, the Commission revoked Mr. Ruffin's broker's license effective May 15 1991. The Commission found that Mr. Ruffin, while managing real estate for others, had accepted rent subsidy payments from a Housing Authority after the tenant had vacated the property. The Commission also found that he had failed to deposit rents in a trust account failed to maintain ledger sheets for the property which he managed, and failed to maintain a running balance on trust funds. Mr. Ruffin neither admitted nor denied any misconduct.

RUFFIN REALTY & INSURANCE, INC. (Durham) - By Consent, the Commission revoked the corporate real estate license of Ruffin Realty & Insurance, Inc. effective May 15, 1991. The Commission found that the corporation had failed to deposit rents in a trust account, failed to maintain ledger sheets for the property which it managed, and failed to maintain a running balance on trust funds. The corporation neither admitted nor denied any misconduct.

SEA SCAPE ASSOCIATES, LTD. (Kitty Hawk) - By Consent, the commission fined Sea Scape Associates, Ltd., co-developer of the time share project Sea Scape Beach and Golf Villas, S2,000 effective May 14, 1991. The Commission found that the co-developer had conducted sales of its own time shares without first filing with the Commission a sworn designation of the broker who would supervise the sales operation at a branch of rice.

THEODORE STEVENS (Greensboro)By Consent, the Commission suspended Mr. Steven's broker's license for thirty days effective June 12, 1991. The Commission found that Mr. Stevens, as broker-in-charge of a real estate office, failed to maintain and retain records sufficient to verify the adequacy and proper use of his trust account, including failure to reconcile bank statements and to record all deposits and withdrawals in the journal.

EFFIE A. THOMPSON (Greensboro) -By Consent, the Commission reprimanded Ms. Thompson effective April 15, 1991 for failing to inform the selling agent and/or purchaser prior to closing that the property being purchased was not connected to city water and sewer.

THOR-STONE, INC. (Raleigh) - By Consent, the Commission revoked the corporate real estate license of Thor-Stone, Inc. effective March 6, 1991. The Commission found that the corporation had failed to account for funds received from a purchaser in a real estate transaction and failed to produce records related to such funds to the Commission's representatives.

UNLIMITED REALTY OF CHARLOTTE, INC. (Charlotte) - The Commission revoked the corporate real estate license of Unlimited Realty of Charlotte, Inc. effective duly 1, 1991. The Commission found that the corporation had failed to maintain proper trust account records, failed to maintain trust funds on deposit, and converted trust funds to the benefit of its shareholders.

BEULAH N. VERNON (Madison) - By Consent, the Commission reprimanded Ms. Verrion effective April 8, 1991 for presenting an offer to a seller without disclosing that the prospective purchaser was her employee.

GOLEY KEITH WEBSTER (Burlington) - By Consent, the Commission suspended Mr. Webster's broker's license for two years effective March 1, 1991. Six months of the suspension are to be active and the remaining period stayed for a probationary term of one year. The Commission found that Me Webster had caused purchase contracts to be submitted to a lender which did not accurately recite the sales price and earnest money deposits for the properties in an attempt to obtain for the purchasers loans in excess of the lender's customary loan to value policy. Mr. Webster neither admitted nor denied any misconduct.

JOSEPH R. WEST (Fayetteville) - By Consent, the Commission reprimanded Mr. West effective May 15, 1991 for failure, as a broker-in-charge, to supervise the activities of a salesman associated with his office.

WILLIAM S. WIGHTMAN, SR. (Waynesville) - By Consent, the Commission accepted the voluntary permanent surrender of Mr. Wightman's broker's license effective August 1, 1991, and dismissed without prejudice certain charges against him alleging that he had misrepresented to purchasers the availability of water to subdivision lots and had sold lots without a HUD registration when one was required. Mr. Wightman neither admitted nor denied any misconduct.

GLADYS F. WOODMAN (Southport) -By Consent, the Commission revoked Ms. Woodman's broker's license effective May 15, 1991. The Commission found that Ms. Woodman had failed to maintain proper trust account records sufficient to establish a clear audit trail, failed to account for and remit trust funds in her possession, and converted trust funds to her own use. Ms. Woodman neither admitted nor denied any misconduct.