Penalties for violations of the Real Estate License Law and Commission rules vary depending upon the particular facts and circumstances present in each case. Due to space limitations in the Bulletin, a complete description of such facts cannot be reported in the following Disciplinary Action summaries.

AALL STARR REALTY GROUP LLC, T/A ALL AMERICAN REALTY (Yadkinville) - The Commission accepted the permanent voluntary surrender of the firm broker license of Aall Starr Realty Group LLC, t/a All American Realty effective April 30, 2001. The Commission dismissed without prejudice allegations that Aall Starr Realty Group violated provisions of the Real Estate License Law and Commission rules. Aall Starr Realty Group neither admitted nor denied any misconduct.

TERRY L. BRAY (Charlotte) - The Commission accepted the permanent voluntary surrender of Mr. Bray's broker license effective January 16, 2001. The Commission dismissed without prejudice allegations that Mr. Bray violated provisions of the Real Estate License Law and Commission rules in connection with his handling of tenant security deposits for his own residential units. Mr. Bray neither admitted nor denied any misconduct.

LEONARD M. BROOKS (Fayetteville) - By Consent, the Commission suspended Mr. Brooks' salesperson license for one year effective December 1, 2000. 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. Brooks failed to determine the accuracy of material facts concerning the septic system, type of heat and suitability for a pool of a property sold to buyers he represented. The Commission noted that Mr. Brooks compensated the buyers for their loss.

CAROLINA REALTY OF CHAPEL HILL, INC. (Chapel Hill) - By Consent, the Commission reprimanded Carolina Realty of Chapel Hill, Inc., effective March 1, 2001. The Commission found that the firm did not properly maintain trust account records and failed to disclose its interests in a mortgage company and a maintenance and cleaning service to property owner-clients. The Commission noted that the trust account has been fully funded and no consumer was harmed as a result.

ELDON W. COX (Southern Pines) - By Consent, the Commission suspended Mr. Cox's broker license for six months effective December 1, 2000. The Commission found that Mr. Cox, while broker-in-charge of a real estate brokerage firm, was responsible for holding in escrow a $25,000 earnest money deposit. The Commission further found that after a dispute arose between the buyer and seller prior to closing, Mr. Cox disbursed the money to the seller despite the fact that Mr. Cox was personally aware of the dispute and had received specific instructions from the buyers to leave the money in escrow. The Commission further found that the buyers had to institute a civil suit to recover their earnest money.

NORWOOD F. CRAWFORD (Wilmington) - The Commission accepted the permanent voluntary surrender of Mr. Crawford's broker license effective March 1, 2001. The Commission dismissed without prejudice allegations that Mr. Crawford violated provisions of the Real Estate License Law and Commission rules. Mr. Crawford did not admit any misconduct.

HELEN S. DANIEL D/B/A DANIEL ASSETS, LTD. (Charlotte) - By Consent, the Commission revoked Ms. Daniel's broker license effective November 20, 2000. The Commission found that from July 1996 until June 1997, Ms. Daniel conducted real estate brokerage while her license was on inactive status. The Commission further found that while Ms. Daniel allowed her broker license to become inactive again in July 1998, and expire on June 30, 2000 for five weeks, she continued to conduct brokerage services until November 2000. The Commission further found that Ms. Daniel had failed to maintain her trust account records as required by the License Law and Commission rules, and an audit of her trust accounts revealed that her liabilities exceeded her assets in those accounts by at least $10,000.

FONVILLE-MORISEY REALTY, INC., dba FONVILLE-MORISEY CENTER FOR REAL ESTATE STUDIES (Raleigh) - By Consent, the Commission reprimanded Fonville-Morisey Center for Real Estate Studies effective November 28, 2000. The Commission found that the Center commenced a broker prelicensing course at a location in Cary without first obtaining licensure from the Commission for that location.

LARRY D. FORBES (Wilson) - By Consent, the Commission reprimanded Mr. Forbes effective November 1, 2000. The Commission found that Mr. Forbes had failed to ascertain the true location of a lot listed by his firm, and that he had shown a lot that was not for sale to a representative for a church. The Commission further found that the church purchased the listed lot, believing it to be the one Mr. Forbes had shown to the church's representative, and that the purchased lot was in fact unsuitable for the church. The Commission noted that the church and its representative have been reimbursed for their expenses in this transaction.

LAFAN FORBES (Wilson) - By Consent, the Commission reprimanded Mr. Forbes effective November 1, 2000. The Commission found that Mr. Forbes had failed to ascertain the true location of a lot listed by the firm where he was principal broker and broker-in-charge, and that an agent in the firm had shown a lot that was not for sale to a representative for a church. The Commission further found that the church purchased the listed lot, believing it to be the one Mr. Forbes' agent had shown to the church's representative, and that the lot was in fact unsuitable for the church. The Commission noted that Mr. Forbes has paid the church $11,000 in restitution.

FORBES REALTY, INC. (Wilson) - By Consent, the Commission reprimanded Forbes Realty, Inc. effective November 1, 2000. The Commission found that Forbes Realty, Inc. had failed to ascertain the true location of a lot listed by the firm, and that the firm had shown a lot that was not for sale to a representative for a church. The Commission further found that the church purchased the listed lot, believing it to be the one Forbes Realty, Inc. had shown to the church's representative, and that the lot was in fact unsuitable for the church. The Commission noted that Forbes Realty, Inc. has paid the church $11,000 in restitution.

COWAN L. GRIFFIN (Chapel Hill) - By Consent, the Commission reprimanded Mr. Griffin effective March 1, 2001. The Commission found that Mr. Griffin, as broker-in-charge of a licensed firm, did not properly maintain trust account records and failed to disclose to property owner-clients his interests in a mortgage company and maintenance and cleaning service. The Commission noted that the trust account has been fully funded and no consumer was harmed as a result.

IQ REALTY CONSULTANTS, INC. (Charlotte) - By Consent, the Commission revoked IQ Realty Consultants, Inc.'s broker license effective December 14, 2000. The Commission found that IQ Realty Consultants, Inc.'s liabilities to the property owners for whom it managed properties exceeded the balance of funds on hand in its trust account by a minimum of $13,500.

INNA DENG (JOHNSON) (Raleigh) - By Consent, the Commission reprimanded Ms. Deng effective February 8, 2001. The Commission found that Ms. Deng acted as a buyer agent without first obtaining a written agreement as required by Commission Rule.

KATHLEEN M. JOHNSON (Garner) - The Commission accepted the voluntary surrender of Ms. Johnson's broker license for two years effective August 1, 2000. The Commission dismissed without prejudice allegations that Ms. Johnson violated the Real Estate License Law and Commission rules. Ms. Johnson did not admit any misconduct.

LIFESTYLE COMMUNITIES, LTD. (Southern Pines) - By Consent, the Commission reprimanded Lifestyle Communities, Ltd. effective November 16, 2000. The Commission found that Lifestyle Communities, Ltd., while engaged in the real estate brokerage business, failed to use properly designated trust accounts for the funds of others. The Commission further found that after Lifestyle Communities, Ltd. decided to discontinue its resort rental business and notified its clients that it would no longer rent their properties, the firm continued to act as a rental broker for these properties without the knowledge or consent of its former clients.

JOHN N. MICHELOTTI (Yadkinville) - The Commission accepted the permanent voluntary surrender of Mr. Michelotti's broker license effective April 30, 2001. The Commission dismissed without prejudice allegations that Mr. Michelotti violated the Real Estate License Law and Commission rules. Mr. Michelotti neither admitted nor denied any misconduct.

CHRISTINE F. MICHELOTTI (Yadkinville) - The Commission accepted the permanent voluntary surrender of Ms. Michelotti's broker license effective April 30, 2001. The Commission dismissed without prejudice allegations that Ms. Michelotti violated provisions of the Real Estate License Law and Commission rules. Ms. Michelotti neither admitted nor denied any misconduct.

DIXIE L. POWELL (Greenville) - By Consent, the Commission reprimanded Ms. Powell effective February 7, 2001. The Commission found that Ms. Powell, a licensed salesperson, failed to amend her contract to purchase a home to disclose the withdrawal of earnest money from the trust account of her broker-in-charge, failed to notify the lender or the closing attorney of this withdrawal and signed a false settlement statement indicating that the earnest money was on deposit.

ARVIL L. PRICE, JR. (Mooresville) - By Consent, the Commission accepted the voluntary surrender of Mr. Price's broker license for a period of two years, effective April 1, 2001. The Commission dismissed without prejudice allegations that Mr. Price violated the Real Estate License Law. Mr. Price did not admit any misconduct. ROBERT L. SCHMITZ (Durham) - The Commission accepted the voluntary surrender of Mr. Schmitz's broker license for a period of one year effective November 16, 2000. The Commission dismissed without prejudice allegations that Mr. Schmitz violated provisions of the Real Estate License Law and Commission rules in connection with his handling of tenant security deposits for his own residential rental units. Mr. Schmitz neither admitted nor denied any misconduct.

MARQX A. SCOTT (Charlotte) - By Consent, the Commission revoked Mr. Scott's broker license effective December 14, 2000. The Commission found that Mr. Scott's liabilities to the property owners for whom he managed properties exceeded the balance of funds on hand in his trust account by a minimum of $13,500.

JAMES A. SMITH, III (Fayetteville) - By Consent, the Commission reprimanded Mr. Smith effective December 1, 2000. The Commission found that Mr. Smith failed to make certain that advertising done in the name of the firm where he was broker-in-charge was accurate and proper and failed to properly supervise two salespersons under his supervision. The Commission noted that Mr. Smith has since compensated buyers of property listed by the firm who suffered a loss as a result of false advertising by the salespersons.

TWIDDY & COMPANY (Duck) - By Consent, the Commission suspended the license of Twiddy & Company for 90 days effective April 1, 2001. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Twiddy & Company charged and deducted from owner proceeds a $150 fee for each short-term rental unit when such a fee was not authorized by the management agreement between the Company and respective property owners. The Commission noted that Twiddy & Company voluntarily agreed to refund the fee to each owner charged.

DANNY K. WAFFER (Fayetteville) - The Commission accepted the voluntary surrender of Mr. Waffer's salesperson license for three years effective November 30, 2000. The Commission dismissed allegations that Mr. Waffer violated provisions of the Real Estate License Law and Commission rules. Mr. Waffer did not admit any misconduct.

LINDA M. WARD (Greenville) - By Consent, the Commission reprimanded Ms. Ward effective October 1, 2000. The Commission found that Ms. Ward had failed to obtain the signatures of all of the sellers on a listing contract and on a listing contract extension. The Commission further found that Ms. Ward had obtained the signature of only one seller on the Offer to Purchase and Contract when an offer was made on the property, and that another seller who had never signed the purchase contract chose not to proceed.

WARD CREEK FARMS, INC. (Greenville) - By Consent, the Commission reprimanded Ward Creek Farms, Inc. effective October 1, 2000. The Commission found that Ward Creek Farms, Inc. had failed to obtain the signatures of all of the sellers on a listing contract and on a listing contract extension. The Commission further found that Ward Creek Farms, Inc. had obtained the signature of only one seller on the Offer to Purchase and Contract when an offer was made on the property, and that another seller who had never signed the purchase contract chose not to proceed.