1ST ATLANTIC MANAGEMENT CORPORATION (Wilmington) - By Consent, the Commission reprimanded 1st Atlantic Management Corporation effective May 1, 1998. The Commission found that 1st Atlantic Management Corporation, between April and June 1995, had negligently allowed an unlicensed person to insert undisclosed increases or "mark-ups" to amounts charged to owners and tenants of rental property it managed for others. The Commission noted that upon its discovery of this practice, 1st Atlantic Management Corporation had discharged the unlicensed person and voluntarily reimbursed the owners or tenants who were wrongfully charged. The Commission further noted that 1st Atlantic Management Corporation had cooperated with the Commission's investigation of this matter.

BAYBERRY PROPERTIES, INC. D/B/A ERA DANCON (Raleigh) - By Consent, the Commission reprimanded ERA Dancon effective March 16, 1998. The Commission found that ERA Dancon, a licensed real estate firm, had operated a branch office without a designated broker-in-charge, and that it had failed to take any action to remedy this situation for two months.

MICHAEL A. BRAZELL (Concord) -By Consent, the Commission reprimanded Mr. Brazell effective May 3 1, 1998. The Commission found that Mr. Brazell's representation on an MLS listing form that a property was .94 acres was incorrect and that the property contained only .21 acres. The Commission further found that Mr. Brazell had failed to check the accuracy of the computerized version of the MLS listing and therefore was not aware that an incorrect "year-built" entry of 1978 had been made to his listing, when in fact, the house had been built in 1955.

WANDA BURNS-RAMSEY (Raleigh) - By Consent, the Commission reprimanded Ms. Burns-Ramsey effective March 1, 1998. The Commission found that Ms. Burns-Ramsey had allowed other persons access to her Multiple Listing Service (MLS) computer code, which was then used to remove from the MLS, without authority, listings of another firm.

COLDWELL BANKER, TOWN AND COUNTRY/AM REALTY, INC. (Tryon) - By Consent, the Commission suspended the firm real estate broker license of Coldwell Banker, Town and Country/AM Realty, Inc. for 30 days effective February 16, 1998. The Commission then stayed the suspension for a probationary term of 30 days. The Commission found that Coldwell Banker, Town and Country/AM Realty, Inc. had permitted a broker and salesman to remain associated with it after July 1, 1997, while the broker's and salesman's licenses were both on inactive status for failing to complete their continuing education requirements. The Commission further found that Coldwell Banker, Town and Country/AM Realty, Inc. had advertised certain properties on behalf of the inactive licensees and had participated in the closing of at least one transaction handled by one of its "inactive" associates.

RICHARD L. COLLINS (Raleigh) -By Consent, the Commission revoked Mr. Collins' broker license effective March 16, 1998. The Commission then ordered that the salesman license previously issued to Mr. Collins be reinstated effective March 16, 1998. The Commission found that Mr. Collins, while principal broker and broker-in-charge of a firm, had allowed the firm to open and operate a branch office without first designating a broker-in-charge for that branch office.

DAVID J. COSTER (Raleigh) - By Consent, the Commission reprimanded Mr. Coster effective March 1, 1998. The Commission found that during 1994, while Mr. Coster and others were involved in negotiations to relocate an out-of-state business to North Carolina and were performing various services in connection with the relocation, compensation had been paid to an unlicensed firm at the closing of the transfer of the real estate, and the unlicensed firm in turn had compensated Mr. Coster.

NORWOOD F. CRAWFORD (Wilmington) - By Consent, the Commission suspended Mr. Crawford's broker license for 90 days effective May 1, 1998. The Commission found that Mr. Crawford had failed to adequately perform his duties as broker-in-charge of a firm between April and June 1995; therefore, an unlicensed person had been able to make undisclosed increases or "mark-ups" against rents charged by the firm.

CROSS CREEK REALTY, LTD. (Fayetteville) - By Consent, the Commission suspended the firm real estate broker license of Cross Creek Realty, Ltd. for six months effective April 1, 1998. The Commission then stayed the suspension for a probationary term of eighteen months. The Commission found that Cross Creek Realty, Ltd., as a property management firm, had engaged in deficit spending, had failed to properly account for and remit all funds collected, and that at times its trust accounts were short. The Commission further found that Cross Creek Realty, Ltd. had failed to perform prompt monthly trust account reconciliations and that its transaction records had failed to create a clear audit trail.

FRANK V. DEAL (Wilmington) -The Commission revoked Mr. Deal's broker license effective May 1, 1998. The Commission found that while in the real estate brokerage business, Mr. Deal had engaged in the unauthorized practice of law in violation of the General Statutes of North Carolina and the Real Estate License Law, and that he had prepared a lease-option contract in an incompetent manner.

CAROL J. DEGENNARO (Havelock) - By Consent, the Commission revoked Ms. DeGennaro's broker license effective June 1, 1998. The Commission found that Ms. DeGennaro, as the sole proprietor and broker-in-charge of a brokerage firm engaged in property management, had failed to maintain proper records of the trust monies in her care and had failed to properly account for and remit those monies. The Commission further found that as of March 12, 1998, Ms. DeGennaro's liability for the funds of others exceeded the funds in her trust account by $36,930.30, and that approximately 53 checks drawn on her trust account had been returned due to insufficient funds in the account. The Commission noted that Ms. DeGennaro had repaid certain of the checks with certified funds.

DUNLEA REALTY CO. (Wilmington) - By Consent, the Commission suspended the firm real estate broker license of Dunlea Realty Co. for three years effective June 1, 1998. The Commission then stayed the suspension for a probationary term of three years if the corporation meets certain conditions. The Commission found that Dunlea Realty Co., relying on an unlicensed person, had submitted incorrect information during 1994 in connection with its application for a corporate broker license. The Commission further found that after it obtained its corporate broker license, Dunlea Realty Co. had allowed an unlicensed person to control rental trust account record-keeping which resulted in some erroneous charges against the funds of owners and tenants.

MARK R. EDMONDSON (Raleigh) -The Commission accepted the voluntary surrender of Mr. Edmondson's salesman license effective March 6, 1998, until the termination date of Mr. Edmondson's probation imposed by Wake County Superior Court. The Commission dismissed without prejudice charges that Mr. Edmondson had violated provisions of the Real Estate License Law.

CHARLES E. GRADY, JR. (Raleigh) - By Consent, the Commission suspended Mr. Grady's broker license for 20 days effective April 1, 1998. The Commission then stayed the suspension for a probationary term of six months upon certain conditions. The Commission found that Mr. Grady had used his influence as a member of the Board of Transportation to secure a right-of-way sale on behalf of a client of the brokerage firm with which he was associated, which resulted in Mr. Grady's conviction of the misdemeanor offense of "conflict of interest."

JOSEPH E. HALE (Fayetteville) - By Consent, the Commission revoked Mr. Hale's broker license effective April 1, 1998. The Commission found that Mr. Hale, as a principal in a property management firm, had engaged in deficit spending, had failed to properly account for and remit all funds collected, and that at times his trust accounts were short. The Commission further found that Mr. Hale had failed to perform prompt monthly trust account reconciliations and that his transaction records had failed to create a clear audit trail.

ROBBIE M. HALE (Fayetteville) -By Consent, the Commission suspended Ms. Hale's broker license for six months effective April 1, 1998. The Commission then stayed the suspension for a probationary term of 18 months. The Commission found that Ms. Hale, as broker-in-charge and principal broker of a property management firm, had engaged in deficit spending, had failed to properly account for and remit all funds collected, and that at times her trust accounts were short. The Commission further found that Ms. Hale had failed to perform prompt monthly trust account reconciliations and that her transaction records failed to create a clear audit trail.

HARVEY S. HARRIS (Wilmington) -The Commission accepted the voluntary surrender of Mr. Harris' broker license for two years effective June 1, 1998. The Commission dismissed without prejudice charges that Mr. Harris had violated the Real Estate License Law and the rules of the Commission in the conduct of a real estate brokerage business.

JOHNNY M. HUMBLE (Greensboro) - By Consent, the Commission suspended Mr. Humble's broker license for one year effective April 1, 1998. Thirty days of the suspension were active and the remaining period stayed for a probationary term of 11 months upon condition that he successfully complete the Basic Trust Account Procedures course by May 1, 1998. The Commission found that Mr. Humble, as the trust account custodian for his real estate company, had failed to maintain complete trust account records and to properly designate the escrow account on the signature card and bank statements. The Commission further found that Mr. Humble had failed to maintain transaction ledgers and to regularly reconcile his trust account. The Commission noted that Mr. Humble subsequently corrected the trust account record-keeping deficiencies.

CATHRYN T. LENNON (Tryon) -By Consent, the Commission suspended Ms. Lennon's salesman license for 30 days effective February 16, 1998. The Commission then stayed the suspension for a probationary term of 30 days. The Commission found that after her broker license was placed on inactive status effective July 1, 1997 for failure to satisfy the Commission's continuing education requirement during the 1996-1997 fiscal year, Ms. Lennon had continued to engage in real estate brokerage while on inactive status. The Commission noted that Ms. Lennon subsequently corrected the deficiency.

BOB MCLEMORE HOMES AND REALTY, INC. (Charlotte) - The Commission accepted the voluntary surrender of Bob McLemore Homes and Realty, Inc.'s firm real estate broker license for two years effective April 1, 1998. The Commission dismissed without prejudice charges that Bob McLemore Homes and Realty, Inc. had violated the Real Estate License Law and the rules of the Commission in the conduct of a real estate brokerage business.

ROBERT T. MCLEMORE (Charlotte) - By Consent, the Commission suspended Mr. McLemore's broker license for two years effective April 1, 1998. The Commission found that Mr. McLemore had received residential tenant security deposits in rental transactions, but that he had failed to deposit those funds into any designated trust or escrow accounts as required by law. The Commission further found that Mr. McLemore could not account for the disposition of those funds. Mr. McLemore neither admitted nor denied any misconduct.

WILLIAM H.S. MORIN (Tryon) - By Consent, the Commission suspended Mr. Morin's broker license for 30 days effective February 16, 1998. The Commission then stayed the suspension for a probationary term of 30 days. The Commission found that after his broker license was placed on inactive status effective July 1, 1997 for failure to satisfy the Commission's continuing education requirement during the 1996-1997 fiscal year, Mr. Morin had continued to engage in real estate brokerage while on inactive status. The Commission noted that Mr. Morin subsequently corrected the deficiency.

LEONARD R. PARTRIDGE (Winston-Salem) - By Consent, the Commission suspended Mr. Partridge's broker license for six months effective July 1, 1998. The Commission then stayed the suspension for a probationary term of six months. The Commission found that Mr. Partridge, having contracted as buyer on his own account to purchase a property listed for sale by another agent in the firm with which Mr. Partridge was affiliated, had failed to disclose to the original owner Mr. Partridge's assignment of the contract and agreement for acceptance of a commission payment from a new buyer. The Commission noted that after the property owner discovered these facts and filed a complaint with the Commission, Mr. Partridge reimbursed the owner as agreed between the parties.

CONNIE E. PINER (Raleigh) - By Consent, the Commission suspended Ms. Piner's salesman license for three months effective March 1, 1998. The Commission found that Ms. Piner, a licensed real estate salesman acting as a firm owner, should have known that the firm was operating a branch office without a designated broker-in-charge, and that she had failed to take any action to remedy this situation for two months.

VENICE DANIEL PINER (Raleigh) -By Consent, the Commission reprimanded Mr. Piner effective March 16, 1998. The Commission found that Mr. Piner, a licensed real estate salesman acting as a firm owner, should have known that the firm was operating a branch office without a designated broker-in-charge, and that he had failed to take any action to remedy this situation for two months.

PAUL P. PULLEN (Tryon) - By Consent, the Commission suspended Mr. Pullen's broker license for 30 days effective February 16, 1998. The Commission then stayed the suspension for a probationary term of 30 days. The Commission found that while Mr. Pullen was serving as broker-in-charge of an office, a broker and salesman had remained associated with that office while both their licenses were on inactive status for failing to complete their continuing education requirements. The Commission further found that Mr. Pullen had permitted advertisements to be made on behalf of the broker and salesman while their licenses were on inactive status and had permitted the salesman to participate in at least one transaction that closed.

L. CALVIN RAMSEY, JR. (Raleigh) - By Consent, the Commission suspended Mr. Ramsey's salesman license for three months effective July 1, 1998. The Commission found that Mr. Ramsey had operated for two months as a salesman in a branch office without a designated broker-in-charge. The Commission further found that after he left the firm, Mr. Ramsey had instructed other salesmen to remove the firm's listings from the Multiple Listing Service, without authority to do so.

ROBERT LEWIS RAY (Winston-Salem) - By Consent, the Commission suspended Mr. Ray's broker license for three years effective April 1, 1998. The Commission then stayed the suspension for a probationary term of five years. The Commission found that Mr. Ray had been disbarred as an attorney in 1989 for misappropriation of client funds; i.e., making "loans" to himself, his employees and to his clients from money held in his trust account and from certain estate accounts. The Commission further found that Mr. Ray later pled guilty to four counts of misusing funds and that he had received a suspended sentence and had been placed on supervised probation for five years and ordered to pay restitution.

KENNETH N. TACKETT (Charlotte) - By Consent, the Commission suspended Mr. Tackett's broker license for six months effective April 1, 1998. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Mr. Tackett had altered his 1996 - 1997 appraiser pocket card to state that he was a state-certified residential appraiser until June 30, 1998, when in fact, his certification expired on June 30, 1997. The Commission further found that Mr. Tackett had presented the altered pocket card to a client. Mr. Tackett was disciplined by the North Carolina Appraisal Board.

FRANK SPRUILL THOMPSON (Wilmington) - By Consent, the Commission reprimanded Mr. Thompson effective May 1, 1998. The Commission found that Mr. Thompson, while licensed as a salesman and between April and June 1995, had negligently allowed an unlicensed person to insert undisclosed increases or "mark-ups" to amounts charged to owners and tenants of rental property managed by Mr. Thompson's firm. The Commission noted that upon his discovery of this practice, Mr. Thompson had discharged the unlicensed person and voluntarily reimbursed the owners or tenants who were wrongfully charged. The Commission further noted that Mr. Thompson had cooperated with the Commission's investigation of this matter.

THORNBURG & ASSOCIATES, INC. (Hickory) - By Consent, the Commission suspended the firm real estate broker license of Thornburg & Associates, Inc. effective January 1, 1998. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Thornburg & Associates, Inc. had failed to maintain at all times in its trust accounts sufficient monies to fund its trust account obligations and also had failed to keep complete and proper records of its handling of the funds of others. The Commission noted that these failures were due to conversion of funds by former associates who had been responsible for depositing trust monies and maintaining trust account records. The Commission further noted that immediately upon discovery of an employee's conversion of funds in 1996, the firm's current owner, Donna W. Thornburg, notified the Commission, instituted internal safeguards to prevent future employee conversion, and began actions which led to fully funding all affected trust accounts, and that no client experienced a loss.