Disciplinary Action

SHARLENE F. ALLEN (Greensboro) -By Consent, the Commission suspended Ms. Allen's broker's license for eighteen months effective March 7, 1991. Six months of the suspension are to be active and the remaining period stayed for a probationary term of twelve months on condition that she complete the Commission's Trust Account Course. The Commission found that Ms. Allen, while providing property management services, had failed to account for or remit monies coming into her possession which belonged to a property owner. The Commission noted that Ms. Allen had restored to her trust account the funds in question.

BETTY CLAYTON (Asheville) - By Consent, the Commission reprimanded Ms. Clayton effective August 12, 1991 for failing to actively and personally supervise a licensed salesman during a three-month vacation when her only contact with the salesman was by telephone.

W. RUSSELL GAY (Raleigh) - The Commission suspended Mr. Gay's broker's license for one year effective September 1, 1991. The Commission then stayed its Order and placed Mr. Gay on probation for one year. The Commission found that Mr. Gay had engaged in improper conduct and had endangered the public interest by failing to ensure that a licensee associated with his firm properly disclosed all known material facts to all parties in a real estate transaction.

JEAN P. GESCHEIDLER (Murphy) - By Consent, the Commission suspended Ms. Gescheidler's broker's license for six months effective August 15, 1991. Two months of the suspension are to be active and the remaining period stayed for a probationary term of four months. The Commission found that Ms. Gescheidler had made a negligent misrepresentation in stating that a well was located on a specific lot when, in fact, it was located on an adjacent lot. Ms. Gescheidler also incorrectly identified the corner of the lot being sold.

RONALD E. HARLEY (Aiken, SC) - The Commission revoked Mr. Harley's broker's license effective August 1, 1991. The Commission found that Mr. Harley had engaged in improper and dishonest conduct by commingling, converting,

and misapplying the funds of others received in real estate transactions in South Carolina which resulted in the revocation of his South Carolina real estate broker's license.

JERRY A. HIESTER (Cary) - By Consent, the Commission suspended Mr. Hiester's broker's license for twelve months effective October 5, 1991. One month of the suspension is to be active and the remaining period stayed for a probationary term of eleven months. The Commission found that Mr. Hiester had prepared an offer to purchase and contract which did not comply with Commission rules and had prepared an addendum which constituted the drafting of a legal instrument and, therefore, the unauthorized practice of law.

WILLIAM R JONES (Charlotte) - By Consent, the Commission suspended Mr. Jones' salesman's license for one month effective September 1, 1991. The Commission found that Mr. Jones had misrepresented the boundary line of a lot offered for sale. Mr. Jones neither admitted nor denied any misconduct.

JOSEPH D. KAZNOWSKI (Cary) - By Consent, the Commission reprimanded Mr. Kaznowski effective September 5, 1991 for acting as a broker after his real estate license had expired.

BRENDA D. MCELREATH (Asheville) -By Consent, the Commission reprimanded Ms. MeElreath effective August 12, 1991 for acting as a real estate salesman without being actively and personally supervised by her broker-in-charge during the broker's three-month vacation when her broker-in-charge was available only by telephone.

OLGA R. MILLER (Wilmington) - By Consent, the Commission suspended Ms. Miller's broker's license for one year effective September 1, 1991. The Commission found that Ms. Miller, as broker-in-charge, had failed to actively and personally supervise a salesman who delivered condominium down payments to an unlicensed partner in the real estate firm. The partner spent the funds required to be deposited into a trust account and could not return these funds to purchasers who were entitled to same.

C. MILLER PROPERTIES, INC. (Hickory) - By Consent, the Commission suspended the corporate real estate broker's license of C. Miller Properties, Inc. for one year effective August 7, 1991. The Commission then stayed its Order and placed the corporation on probation for one year. The Commission found that the corporation had failed to maintain a separate escrow or trust account for rents received on properties that it

managed for others; had commingled rent receipts; and had failed to maintain ledgers and running balances, and to make monthly reconciliations. The Commission noted that the corporation had brought its accounting procedures into compliance with the license law and rules and that no money had been lost.

ROBERT C. MILLER (Hickory) - By Consent, the Commission suspended Mr. Miller's broker's license for two years effective September 1, 1991. Eight months of the suspension are to be active and the remaining period stayed for a probationary term of one year. The Commission found that Mr. Miller, as principal broker and broker-in-charge of a real estate corporation, had failed to maintain a separate escrow or trust account for rents collected on properties that it managed for others; had allowed the corporation to commingle rent receipts; and had failed to maintain ledgers and running balances, and to make monthly reconciliations. The Commission also found that Mr. Miller, in a transaction on his own account, had paid brokerage fees to an unlicensed person.

JOSEPH G. MONGOVIS (Asheville) -The Commission suspended Mr. Mongonvis' broker's license for ninety days effective October 1, 1991. The Commission then stayed its Order and placed Mr. Mongovis on probation for one year. The Commission found that Mr. Mongovis, in selling his own property, had negligently misrepresented the location of boundary lines and corners of a lot offered for sale.

ROBERT S. NEAL (Chapel Hill) - By Consent, the Commission suspended Mr. Neal's broker's license for six months effective September 1, 1991. Thirty days of the suspension were made active and the remaining period stayed for a probationary term of two years on condition that he complete the Commission's Trust Account Course. The Commission found that Mr. Neal had not properly maintained trust account records at the office where he was broker-in-charge; had placed client trust funds in an interest-bearing account without proper written authority; had maintained no transaction ledgers; and had not maintained a running balance of trust funds or reconciled his record of trust funds with bank statements.

JOHN C. OATFIELD (Raleigh) - The Commission suspended Mr. Oatfield's broker's license for six months effective September 1, 1991. The Commission then suspended its Order and placed Mr. Oatfield on probation for six months.

The Commission found that Mr. Oatfield had failed to disclose the contents of an inspection report to buyers and had advised the buyers that all necessary repairs had been made when, in fact, additional repairs were necessary.

MARGARET B. SCOTT (Nags Head) -By Consent, the Commission suspended Ms. Scott's broker's license for thirty days effective October 15, 1991. The Commission then suspended its Order and placed Ms. Scott on probation for thirty days. The Commission found that Ms. Scott had included a commission provision in an offer to purchase and contract, and that she had subsequently involved the buyers and sellers in a dispute with another broker over a payment of a brokerage commission.

DEBORAH A. SHABAZZ (Greensboro) - By Consent, the Commission suspended Ms. Shabazz's broker's license for eighteen months effective August 15, 1991. Six months of the suspension are to be active and the remaining period stayed for a probationary term of twelve months. The Commission found that Ms. Shabazz had negligently misrepresented the identity of the seller in a real estate transaction, and had failed to deposit the funds of others into a trust or escrow account.

JANICE L. STEVENS (Wilmington) - By Consent, the 'Commission suspended Ms. Stevens' salesman's license for one year effective September 15, 1991. Sixty days of the suspension are to be active and the remaining period stayed for a probationary term of one year. The Commission found that Ms. Stevens, while under the supervision of a broker-in-charge, had allowed her real estate activities to be supervised by an unlicensed person. In a separate transaction, the Commission found that Ms. Stevens, while licensed as a real estate salesman, had received a real estate commission from a person other than her broker-in-charge.

KENNETH W. TEAGUE (Graham) - By Consent, the Commission suspended Mr. Teague's broker's license for thirty days effective October 15, 1991. The Commission then suspended its Order and placed Mr. League on probation for one year on condition that he complete the Commission's Trust Account Course. The Commission found that Mr. Teague had failed to maintain running balances for his escrow account; had failed to maintain separate transaction ledgers; and had used a contract form in conjunction with the auction sale of real estate which did not comply with Commission rules.

ROBERT F. WALKER (Carolina Beach) - By Consent, the Commission suspended Mr. Walker's broker's license for one year effective January 1, 1992. Two months of the suspension are to be active and the remaining period stayed for a probationary term of ten months. The Commission found that Mr. Walker, as a partner in a construction firm, had entered into a contract to construct a residence when neither he nor his firm had the required contractor's license.

JAMES D. WAGONER (Sneads Ferry) -By Consent, the Commission revoked Mr. Wagoner's broker's license effective August 15, 1991. The Commission found that Mr. Wagoner had failed to maintain adequate and accurate trust account and other records relating to his property management activities and trust account, and had represented to an owner for whom he managed property that he had received a tenant security deposit when, in fact, he had not.