Disciplinary Action

DAVID E BARTLEY (Raleigh) - By Consent, the Commission reprimanded Mr. Bartley effective December 4, 1990 for altering and using a preprinted offer to purchase and contract form for a purpose for which it was not intended.

WILLIAM E. BAUGHN, JR. (Thomasville) - By Consent, the Commission reprimanded Mr. Baughn effective October 16, 1990 for failing to adequately supervise a salesman in the listing and advertising of property and the preparation and submission of an offer to purchase. Mr. Baughn neither admitted nor denied any misconduct.

BOWSER-CALABASH PROPERTY MANAGEMENT, INC. (Calabash) - By Consent, the Commission revoked the corporate real estate license of Bowser-Calabash Property Management, Inc. effective November 15, 1990 for violating the terms of its probation from a previous Commission Order wherein the Commission had found that the corporation had failed to deposit and maintain trust funds in a North Carolina bank, had failed to maintain adequate records regarding the funds of others, and had commingled client funds with its own funds.

WILLIAM H. BOWSER (Calabash) - By Consent, the Commission revoked Mr. Bowser's broker's license effective November 15, 1990 for violating the terms of his probation from a previous Commission Order wherein the Commission had found that Mr. Bowser had failed to deposit and maintain trust funds in a North Carolina bank, had failed to maintain adequate records regarding the funds of others, and had commingled client funds with his own funds.

CENTRACK, INC. (Fayetteville) - By Consent, the Commission suspended the corporate real estate license of Centrack, Inc. for eighteen months effective December 6, 1990. The Commission then suspended its Order and placed the corporation on probation for one year. The Commission found that the corporation had contracted to pay a commission to an unlicensed person for performing acts for which a real estate license was required. The Commission also found that Centrack, Inc. had deposited and maintained funds into an interest-bearing trust account without the written authorization of the persons for whom the funds were being held.

ROBERTA A. DUBIN (Durham) - By Consent, the Commission reprimanded Ms. Dubin effective January 11, 1991 for erroneously reporting the square foot heated area of a property by inadvertently combining heated and unheated areas. Ms. Dubin subsequently discovered and corrected the error.

JENNIFER. FROST (Duck) - By Consent, the Commission suspended Ms. Frost's broker's license for ninety days effective November 8, 1990. The Commission then suspended its Order and placed Ms. Frost on probation for one year on condition that she complete the Commission's Trust Account Course. The Commission found that Ms. Frost had failed to properly maintain trust account records in that she had deposited trust funds in an interest-bearing trust account without the written authorization of the persons for whom the funds were being held and had failed to maintain ledger cards on sales transactions and running balances on ledger cards for rental transactions. The Commission also found that she had allowed interest to accumulate in her rental trust account without promptly disbursing it.

HERMAN H. FRYAR, JR. (Rocky Mount) - By Consent, the Commission revoked Mr. Fryar's broker's license effective November 7, 1990 but agreed to issue a salesman's license to him on September 7, 1991. The Commission found that Mr. Fryar, as principal broker of a corporation and Broker-In-Charge of its office, had used funds from the corporation's rental trust account to pay expenses on real estate owned by him. The Commission also found that Mr. Fryar had failed to maintain trust funds in a trust or escrow account and to properly maintain records pertaining to said account.

GLORIA K. GETTLE (Raleigh) - By Consent, the Commission reprimanded Ms. Gettle effective December 4, 1990 for altering and using a pre-printed offer to purchase and contract form for a purpose for which it was not intended.

HANNE M. HANCOCK (Raleigh) - By Consent, the Commission suspended Ms. Hancock's salesman's license for eighteen months effective November 7, 1990. The Commission found that Ms. Hancock had received funds which were to be used for the purchase of investment real estate and spent these funds on her personal use. The commission noted that Ms. Hancock subsequently reimbursed her employer for these funds.

INVESTMENT REAL ESTATE, INC. (Raleigh) -By Consent, the Commission reprimanded Investment Real estate, Inc., a corporate real estate broker, effective November 26, 1990 for failing to adequately maintain its trust account and to reconcile its trust account records. Investment Real Estate Inc. discovered irregularities in the property management accounts maintained by a licensed broker associated with the firm and upon engaging an accounting firm to analyze the books and records of the company, determined that there were shortages in security deposits and trust account balances. The Commission noted that Investment Real Estate, Inc. replaced the shortage in the trust account with its own funds and promptly reported this shortage to the Commission. The real estate licensee in charge of the funds was subsequently convicted of embezzlement.

SHARI K. LEAVEN (Asheville) - By Consent, the Commission accepted the voluntary surrender of Ms. Leaven's salesman's license for a period of three years effective October 1. 1990 and dismissed without prejudice certain charges against her.

DIANE K. MANCE (Boone) - By Consent. the Commission suspended Ms. Mance's broker's license for eighteen months effective December 14, 1990. Sixty days of the suspension are to be active and one year on probation on condition that she complete the Commission's Trust Account Course. The Commission found that Ms. Mance had maintained rent receipts and security deposits in an interest-bearing account without written authorization from the persons for whom the funds were being held; had failed to designate the account used for rent receipts and security deposits as a trust or escrow account: had failed to maintain owner ledger cards; and had failed to reconcile bank statement balances to the running balances in her accounts for both sales and rental transactions. The Commission also found that Ms. Mance had not disbursed funds collected from a property owner for insurance premiums and owners association dues, and had failed to maintain security deposits in a trust account, and failed to properly itemize tenant damages and account for tenant security deposits.

CAROLIN J. MORRIS (Thomasville) - By Consent, the Commission suspended Ms. Morris' broker's license for sixty days effective December 5, 1990. The Commission then suspended its Order and placed Ms. Morris on probation. The Commission found that Ms. Morris had failed to insert a proper legal description in an offer to purchase which she had prepared. Ms. Morris neither admitted nor denied any misconduct.

DAVID B. MORRIS (Thomasville) - By Consent, the Commission suspended Mr. Morris' salesman's license for sixty days effective November 1, 1990. The Commission then suspended its Order. The Commission found that Mr. Morris had failed to insert a proper legal description in an offer to purchase which he had prepared. Mr. .Morris neither admitted nor denied any misconduct.

WILLIAM R. MURDAUGH (Charlotte) - By Consent, the Commission reprimanded Mr. Murdaugh effective November 26, 1990 for inadvertently representing on offer to purchase forms that they were the Standard Form #2 jointly approved and copyrighted by the North Carolina Bar Association and the North Carolina Association of REALTORS when, in fact, that representation was not correct.

MICHAEL NUNEZ (Charlotte) - By Consent, the Commission reprimanded Mr. Nunez effective November 14, 1990 for awing as a real estate salesman after his real estate License was expired.

PIEDMONT MARKETING, INC. (Wautauga County) - By Content, the Commission revoked the corporate real estate broker's license of Piedmont Marketing, Inc. effective September 1, 1990 for employing and utilizing unlicensed persons as "takeover specialists' in the sale of time shares. The corporation neither admitted nor denied any misconduct.

LARRY L. PHILLIPS (Hendersonville) - By Consent, the Commission suspended Mr. Phillips broker s license for three months effective August 15, 1990. The Commission then suspended its Order and placed Mr. Phillips on probation for one year. The Commission found that Mr. Phillips, as selling agent, had entered into an agreement with the purchaser to receive a sales bonus from the purchaser without disclosing the agreement to the listing agent. The Commission also found that he had included in the purchaser's offer to purchase a provision regarding the payment of a commission and had deposited earnest monk in an interest-bearing account without the knowledge or consent of the seller or the listing firm.

HUEY M. ROWE-ANDERSON (Charlotte) - By consent, the Commission suspended Dr. Rowe-Anderson's broker's license for six months effective December 1, 1990. The Commission then suspended its Order and placed Dr. Rowe-Anderson on probation for one year. The Commission found that Dr. Rowe-Anderson had failed to maintain separate ledger sheets for each sales transaction and a journal showing a running balance for all transactions. The Commission also found that he had failed to deliver an accurate closing statement to the buyer and seller at the closing of a transaction.

OLIVER L. SPAINHOUR, JR. (Wrightsville Beach) - The Commission revoked Mr. Spainhour's broker s license effective December 17, 1990. The Commission found that Mr. Spainhour, as Broker-In-Charge, had failed to properly maintain his rental trust account and trust account records by commingling his personal funds with the funds that he held for others. The Commission also found that he had failed to deposit and maintain funds from rental transactions in a trust account and to maintain owner ledgers in the required form.

VINCENT S. STRUBLE (Raleigh) - By Consent the Commission reprimanded Mr. Struble for failing to adequately maintain and supervise his firm's trust accounts and to reconcile its trust account records. Mr. Struble discovered irregularities in the property management accounts mainlined by a licensed broker associated with his firm and, upon engaging an accounting firm to analyze the books and records of his company, .\Mr. Struble determined that there were shortages in security deposits and trust account balances. The Commission noted that he replaced the shortage in the trust account with his own funds and promptly reported this shortage to the Commission. The real estate licensee in charge of the funds was convicted of embezzlement.

SUNDANCE ASSOCIATES, LTD. (Dare County) - By Consent, the Commission fined Sundance Associates, Ltd., developer of the time share project Sea Scape Quarters 55,500 effective November 14, 1990. The Commission found that Sundance Associates, Ltd. had sold time shares in a project without a proper registration.

JOE A. VALLS, JR. (Fayetteville) - By Consent, the Commission suspended Mr. Valls' broker's license for eighteen months effective December 6, 1990. The Commission then suspended its Order and placed Mr. Valls on probation for one year on condition that he complete the Commission's Trust Account Course The Commission found that Mr. Valls had contracted to pay a commission to an unlicensed person for performing acts for which a real estate license was required. The Commission also found that Mr. Valls had maintained and deposited funds into an interest-bearing trust account without the written authorization of the persons for whom the funds were being held.

PEGGY E. WALL (Zebulon) - By Consent, the Commission reprimanded Ms. Wall effective November 15, 1990 for fading to inform a purchaser that the building company employed to evaluate structural damage in a home that the purchaser had offered to purchase, was owned by the real estate firm that had listed the property for sale

MARY LOUISE S. WH1TLEY (Albemarle) - The Commission suspended Ms. Whitley's broker's license for two years effective January 1, 1991. One year of the suspension is to be active and one year on probation. The Commission found that.Ms. Whitley had concealed and had advised buyers and sellers to conceal a transaction from a lender in order to avoid the effect of a "due on sale" clause in the seller's deed of trust. The Commission also found that Ms. Whitley had prepared contracts and a closing statement to further conceal the transaction. Ms. Whitley appealed the decision of the Commission to the Superior Court for Stanly County which affirmed the Commission's decision.

WILLOW VALLEY ASSOCIATION, LTD. (Watauga County) - By Consent, the Commission fined Willow valley Association, Ltd., developer of the time share project Willow Valley (formerly Frontier Village) $2.000 effective September 17, 1990 for employing and utilizing four unlicensed persons as "takeover specialists" at its time share project. The developer neither admitted nor denied any misconduct.

JERRY S. WRIGHT (Dare County) - By Consent, the Commission suspended Mr. Wright's broker's license for one year effective January 1, 1991. The Commission then suspended its Order and placed Mr. Wright on probation for one year. The Commission found that Mr. Wright had delivered a general warranty deed to property when no payments had been made to secure a release from a prior deed of trust. Mr. Wright neither admitted nor denied any misconduct.