DISCIPLINARY ACTION

MARTHA E. ANDERSON (Winterville) -By Consent, the Commission revoked Ms. Anderson's salesman's license effective December 12, 1991. The Commission found that Ms. Anderson, while employed as the bookkeeper for a property management firm, had used monies belonging to the firm for her own personal use. The Commission noted that Ms. Anderson subsequently repaid these funds. Ms. Anderson neither admitted nor denied any misconduct.

ATLANTIC HOTELS, INC. (Roanoke, VA) - By Consent, the Commission reprimanded the corporate real estate broker Atlantic Hotels, Inc., effective December 1, 1991. The Commission found that while the corporation was managing a condominium project, rental monies had been deposited into the bank accounts of the homeowners' association, rather than a trust account. The Commission noted that the persons conducting the rental operations were not employees of Atlantic Hotels, Inc., but were unlicensed, salaried employees of the unlicensed homeowners' association. The Commission further noted that the corporation had taken the necessary steps to correct these problems.

GEORGE M. BARRETT (Banner Elk) - By Consent, the Commission reprimanded Mr. Barrett effective November 19, 1991, for operating a real estate corporation without the required broker's license.

HULDA G. BASISTA (Fayetteville) - By Consent, the Commission suspended Ms. Basista's broker's license for one year effective February 1, 1992. The Commission then stayed its Order and placed Ms. Basista on probation for one year on the condition that she complete the Real Estate Commission's Trust Account Course. The Commission found that Ms. Basista had listed a property for sale and then, without the owner's written permission, leased the property. The Commission also found that Ms. Basista had failed to deposit funds belonging to her customers and clients into a trust account and failed to maintain ledgers and journals, or perform monthly reconciliations. The Commission noted that Ms. Basista had corrected her trust accounting procedures.

JOHN M. BRANTLEY (Carolina Beach) -The Commission suspended Mr. Brantley's broker's license 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. Brantley, while a partner in a construction partnership, had held himself and the partnership out as being a licensed general contractor and had entered into a construction agreement without first obtaining the license required by law.

ROBERT BRUCE BRIGGS (Maggie Valley - By Consent, the Commission revoked Mr. Briggs' broker's license effective December' 1, 1991, but permitted him to apply for licensure as a real estate salesman after December 1, 1993. The Commission found that Mr. Briggs had failed to disclose a criminal conviction on his applications for salesman and broker licensure, and that ht had subsequently been convicted of conspiracy to sell cocaine. Mr. Briggs neither admitted nor denied any misconduct.

BILLY R. DARROW (Washington) - B, Consent, the Commission suspended Mr. Darrow's broker's license for one year effective January 1, 1991. The Commission then stayed its Order and placed Mr. Darrow on probation for one year on certain conditions. The Commission found that while acting as the broker-in-charge for a property management firm, Mr. Darrow, had delegated his responsibility for maintaining the trust accounts to another licensee who had allowed the account balances to fall below the trust liabilities The Commission also found that Mr. Darrow had failed to keep complete and accurate trust account records and to reconcile his trust and bank records, and had failed to adequately supervise the licensee to whom he had delegated the bookkeeping responsibility. Furthermore, the Commission found that Mr. Darrow had used trust account funds to pay expenses on his personally-owned real estate. The Commission noted that, when he discovered the shortage, Mr. Darrow employed an accountant, repaid the shortage from his own funds, and reported the shortage to the Commission.

GARY L. DOYENS (Winston-Salem) - By Consent, the Commission suspended Mr. Doyens' broker's license for 60 days effective June 1, 1992. The Commission then stayed its Order and placed Mr. Doyens on probation for one year on the condition that he complete the Real Estate Commission's Trust Account Course and Brokerage Operations Course. The Commission found that Mr. Doyens had engaged in the property management business as a corporation without first obtaining a corporate real estate broker's license. The Commission also found that Mr. Doyens and his corporation had failed to maintain trust account journals with running balances and did not reconcile internal trust account records to those of his bank on a monthly, basis. However, the Commission found nc evidence that funds belonging to Mr. Doyens' clients were missing from his accounts.

FRANKLIN T. EDWARDS (Fayetteville) By Consent, the Commission suspended Mr. Edwards' broker's license for six months effective February 1, 1992. The Commission then stayed its Order and placed Mr. Edwards on probation for six months on the condition that he complete the Real Estate Commission's Trust Account Course. The Commission found that Mr. Edwards had maintained an account into which the funds of others were deposited but that this account had not beer designated as a "trust" or "escrow" account. The Commission also found that Mr. Edwards did not maintain a trust account journal or individual transaction ledgers

NANCY L. EDWARDS (Washington) - B, Consent, the Commission accepted the permanent voluntary surrender of Ms. Ed wards' salesman's license effective' November 27, 1991, and dismissed without prejudice certain charges against her alleging that she had improperly handled the funds of others and had not kept complete and accurate records of funds in various. real estate transactions. Ms. Edward. neither admitted nor denied any misconduct.

EXECUTIVE RENTALS T/A EXECUTIVE PROPERTIES (Fayetteville) - The Commission suspended the corporate real estate broker's license of Executive Rentals for three years effective January 1, 1992. The Commission found that Executive Rentals had failed to account for and remit to its principals funds received on their behalf, had misappropriated and commingled trust funds, and had failed to properly maintain trust account records and perform monthly reconciliations. The Commission also found that trust funds had been used to pay operating expenses for another business, and that the Commission's auditor had been refused access to the records.

MAX G. GLOVER (Robbinsville) - The Commission revoked Mr. Glover's salesman's license effective November 25, 1991. The Commission found that Mr. Glover had been convicted of the criminal offense of embezzlement and obtaining money by false pretenses and had subsequently failed to surrender his real estate license as ordered by the Court.

GREER N. GOODMAN (Salisbury) - By Consent, the Commission reprimanded Mr. Goodman effective November 15, 1991. The Commission found that Mr. Goodman had failed to discover and disclose an owner financing provision in an offer to purchase which he had presented to the seller. The Commission noted, however, that Mr. Goodman provided the seller financial assistance so that she could close the transaction.

CHARLIE W. GUY (Swansboro) - The Commission revoked Mr. Guy's broker's license effective November 25, 1991. The Commission found that Mr. Guy had failed to maintain the funds of others in an insured North Carolina trust or escrow account and to account for or remit trust funds.

H.E. HARDING & SON, INC. (Washington) - By Consent, the Commission suspended the corporate real estate broker's license of H.E. Harding & Son, [nc., for two years effective January 1, 1992. The Commission then stayed its Order and placed the corporation on probation for two years on certain conditions. The Commission found a shortage in the corporation's trust accounts. The Commission also found that complete and accurate trust account records had not been maintained, that trust funds had been used to pay expenses on properties owned by one of the firm's broker associates, and that the firm's bookkeeping personnel had been inadequately supervised The Commission noted that, when the firm discovered the trust account shortage, it had employed an accountant, repaid the shortage, and reported the shortage to the Commission.

MARY LYNN HARDISON (Carolina Beach) - By Consent, the Commission suspended Ms Hardison's broker's license for one year effective January 1, 1992. The Commission found that Ms. Hardison, while designated as broker-in-charge, allowed a salesman supervised by another broker to control the firm's trust accounts. The Commission found that this salesman had failed to keep proper trust account records, had converted trust funds to her own use, and had commingled the firm's funds with trust funds.

BETTE W. HUDSON (Charlotte) - By Consent, the Commission suspended Ms. Hudson's broker's license for eighteen months effective December 1, 1991. The Commission then suspended its Order and placed Ms. Hudson on probation for one year. The Commission found that Ms. Hudson had failed to disclose to buyers that the rear portion of the lot that they had purchased had been previously sold to another party. The Commission noted that the division of the lot had not been discovered by either the closing attorney or the surveyor. Ms. Hudson neither admitted nor denied any misconduct.

PATRICIA W. HUNTER (Asheboro) - The Commission accepted the voluntary surrender of Ms. Hunter's salesman's license for two years effective January 1, 1992, and dismissed without prejudice certain charges against her alleging that she had operated a property management business without a supervising broker. Ms. Hunter neither admitted nor denied any misconduct.

MONIQUE A. KOENIG (Fayetteville) The Commission suspended Ms. Koenig' salesman's license for 45 days effective January 1, 1992. The Commission then stayed its Order. The Commission found that Ms. Koenig had failed to deliver to the sellers in a transaction a detailed and complete closing statement showing all receipt and disbursements handled by Ms. Koenig in connection with the transaction.

STEPHEN A. LEE (Raleigh) - By Consent the Commission reprimanded Mr. Lee effective November 15, 1991. The Commission found that Mr. Lee and a friend had entered a vacant house listed for sale by his previous real estate firm and had used the house without authority for reason unrelated to any real estate brokerage transaction.

MHM, INC. (Topsail Island) - The Commission accepted the voluntary surrender of MHM, Inc.'s corporate real estate broker's license for a period of three years effective. December 1, 1991, and dismissed without prejudice certain charges against it alleging that it had allowed its unlicensed general manager to control trust funds, had transferred funds out of North Carolina and had deposited trust funds in a general account of the corporation.

JOHN J. MEHAN (Stone Harbor, New Jersey) - The Commission accepted the voluntary surrender of Mr. Mehan's broker's license for a period of three year. effective January 1, 1992, and dismissed without prejudice certain charges against him alleging that he had converted trust funds to his personal use, had failed to perform monthly bank reconciliations or maintain owner ledgers, and had failed to supervise salesmen in his charge. Mr. Mehan neither admitted nor denied any misconduct.

ANNE S. MORRIS (Brevard) - By Consent the Commission revoked Ms. Morris' broker's license effective February 1, 1992 The Commission found that Ms. Morris had not maintained trust account transaction ledgers and a running balance on a general journal. The Commission also found that she had written a check from her trust account which was returned due to insufficient funds, and had diverted trust funds to pay expenses for a company in which she was a principal. Furthermore the Commission found that a shortage existed in Ms. Morris' trust account. Ms. Morris neither admitted nor denied any misconduct.

WALID J. NICOLA (Burlington) - By Consent, the Commission suspended Mr. Nicola's broker's license for six months effective December 10,1991.  One month of the suspension is to be active, and the remaining period stayed for a probationary term of five months on the condition that he complete the Commission's Trust Account Course. The Commission found that Mr. Nicola, while managing rental property, had failed to use a trust account or to maintain proper trust account records.

JERRY J. ROSEN (Durham) - By Consent, the Commission suspended Mr. Rosen's broker's license for one year effective November 10, 1991. The Commission then suspended its Order and placed Mr. Rosen on probation for one year. The Commission found that Mr. Rosen had not adequately informed a landlord and a tenant that he was receiving a commission from both.

LYNNE E. SAWYER (New Bern) - The Commission accepted the permanent surrender of Ms. Sawyer's salesman's license effective November 19, 1991, and dismissed without prejudice certain charges against her alleging that she had failed to properly handle trust funds in various real estate transactions. Ms. Sawyer neither admitted nor denied any misconduct.

SHELTER HAVEN REALTY, INC. (Stone Harbor, New Jersey) - The Commission accepted the voluntary surrender of the corporate real estate license of Shelter Haven Realty, Inc., for a period of three years effective January 1, 1992, and dismissed without prejudice certain charges against it alleging that it had converted trust funds of its principals to its personal use, had failed to perform monthly bank reconciliations and maintain owner ledgers, and had failed to supervise salesmen. Shelter Haven Realty, Inc., neither admitted nor denied any misconduct.

MELVIN A. SLAWIK, JR. (Stone Harbor, New Jersey) - By Consent, the Commission revoked Mr. Slawik's broker's license effective January 1, 1992. The Commission found that Mr. Slawik, while licensed by the Commission pursuant to a reciprocity arrangement with the State of New Jersey, had engaged in a regular course of business in North Carolina in violation of the terms of the reciprocal arrangement. The Commission also found that he had improperly used the trust accounts of his employer and had failed to keep proper records of his transactions.

BOBBY SMITH (Greensboro) - By Consent, the Commission suspended Mr. Smith's salesman's license for one year effective December 1, 1991. The Commission found that Mr. Smith had been convicted of a criminal offense involving moral turpitude which would reasonably affect his performance in the real estate business; namely, failing to remit funds to the North Carolina Commissioner of Banks for the establishment of a pre-need funeral contract, and failing to deposit pre-need funds in a financial institution.

GEORGE T. SMITH (Winterville) - By Consent, the Commission suspended Mr. Smith's broker's license for one year effective April 1, 1992. The Commission then suspended its Order and placed Mr. Smith on probation for two years on the condition that he complete the Real Estate Commission's Brokerage Operations Course The Commission found that Mr. Smith, as the principal broker of a property management corporation, failed to adequately supervise bookkeeping personnel which led to a trust account shortage. The Commission also found that reconciliations of monthly bank statements with trust account records had not been performed, but noted that the trust account shortage had been repaid.

HUBERT W. SMITH (Roanoke, Virginia, - By Consent, the Commission reprimanded Mr. Smith effective December 1, 1991. The Commission found that while Mr. Smith was broker-in-charge of a licensed real estate corporation which was managing the rentals of a condominium project rental monies had been deposited into the bank accounts of the homeowners' association rather than a trust account. The Commission found that the persons conducting the rental operations under the direction of Mr. Smith were not his employees or the employees of his corporation, but were the unlicensed, salaried employees of the unlicensed homeowners' association. The Commission further noted that Mr. Smith had taken the necessary steps to correct these problems.

RICHARD W. STOCKNER (Asheboro) By Consent, the Commission reprimanded Mr. Stockner effective January 1, 1992. The Commission found that Mr. Stockner, while the only broker at a property management firm, had failed to execute a Broker-in Charge Declaration form or a Supervisor of Salesman Notification form certifying that he would supervise a license salesman associated with the firm. The Commission also found that he had failed to actively and personally supervise; salesman associated with the firm.

TRICAR, INC. T/A CENTURY 21 TRIANGLE (Sanford) - The Commission accepted the permanent voluntary surrender of the corporate real estate license of Tricar Inc., effective November 19, 1991, ant dismissed without prejudice certain charges against it alleging that it had improperly handled the funds of others in various real estate transactions. Tricar, Inc. neither admitted nor denied any misconduct.

JAMES S.- WAGONER (Sneads Ferry) - By Consent, the Commission suspended Mr. Wagoner's broker's license for one year effective November 10, 1991. The Commission then stayed its Order and placed Mr. Wagoner on probation for one year on the condition that he complete the Real Estate Commission's Trust Account Course. The Commission found that Mr. Wagoner, while acting as the broker-in-charge of his own real estate company, had failed to oversee the proper maintenance of the trust account and the trust account records and allowed a shortage to exist in his trust account. The Commission noted that Mr. Wagoner had immediately replaced the missing trust funds upon learning of the storage.

JAMES L. WAILER, JR. (Fayetteville) - The Commission suspended Mr. Waller' broker's license for three years effective January 1, 1992. The Commission found that Mr. Waller had failed to account for and remit to his principals funds received on their behalf, had commingled and misappropriated trust account funds to his own uses, and had failed to properly maintain trust account records and perform monthly reconciliations. The Commission also found that Mr. Waller had willfully used trust funds to pay operating expense. for another business and had refused thc Commission's auditor access to his trust account records.

ERVIN S. WARD (Chapel Hill) - By Con sent, the Commission suspended Mr. Ward's broker's license for six months effective December 1, 1991. Thirty days of the suspension are to be active, and the remaining period stayed for a probationary term of two years on condition that he complete the Real Estate Commission's Trust Account Course. The Commission found that Mr. Ward, while designated as the broker-in-charge of his office, had failed to maintain transaction ledgers and to reconcile his trust account records with the bank statements for the firm's trust accounts. The Commission also found that, at the time of the Commission's audit, a shortage existed in the firm's trust account.