Disciplinary Action

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.

ROBERT B. ABERNATHY (Morganton) - By Consent, the Commission suspended Mr. Abernathy's broker license for sixty days effective December 1, 1995. The Commission then stayed the suspension. The Commission found that Mr. Abernathy, as broker-in-charge of his brokerage business, had failed to maintain continuous running trust account balances or to reconcile his trust account records with the bank's records.

CLYDE K. ATKINS, IR. (Sanford) - The Commission accepted the permanent voluntary surrender of Mr. Atkins' salesman license effective September 7,1995. The Commission dismissed without prejudice charges that Mr. Atkins had entered into a contract with buyers to sell them a lot in an unimproved subdivision in violation of local ordinance and then had failed to meet the terms of the sales contract. Mr. Atkins neither admitted nor denied any misconduct.

DOUGLAS S. BAKER (Raleigh) By Consent, the Commission suspended Mr. Baker's broker license for one year effective October 4, 1995. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Mr. Baker had engaged in the practice of real estate brokerage without the proper real estate license and that he had not fully disclosed his license status to his employer.

ROY F. BUTLER (Durham) - By Consent, the Commission reprimanded Mr. Butler effective November 1, 1995. The Commission found that Mr. Butler had failed to enter a listing into the local Multiple Listing Service (MLS), in violation of the terms of the listing agreement.

JOELLE W. EDWARDS (Garner) - By Consent, the Commission reprimanded Ms. Edwards effective October 15, 1995. The Commission found that Ms. Edwards had failed to completely and accurately measure the square footage of a 780 square foot property which she had listed for sale, had incorrectly assumed that a certain unheated, unfinished area of the property was heated and finished, and had advertised the property as 960 heated square feet.

ALWOOD B. ERVIN, JR. (Richlands) - By Consent, the Commission reprimanded Mr. Ervin effective June 15, 1995. The Commission found that Mr. Ervin, acting as the closing agent for the buyers and sellers of a property, had failed to follow the lender's closing instructions to assure that assumption language was included in the deed.

SARA A. FOX - (Davidson) By Consent, the Commission suspended Ms. Fox's salesman license for two years effective December 1, 1995. Three months of the suspension are to be active and the remaining period stayed for a probationary term of 21 months. The Commission found that Ms. Fox had been indicted for the federal offenses of conspiracy to launder money derived from the sale of cocaine and marijuana, then pled guilty to one count of the federal offenses of failing to make a return and supply information to the IRS and of aiding and abetting.

HAROLD G. FURR (Locust) - The Commission accepted the voluntary surrender of Mr. Furr's broker license for four years effective July 1, 1995. The Commission dismissed without prejudice charges that Mr. Furr had violated provisions of the License Law as a result of having been convicted of a criminal offense. Mr. Furr neither admitted nor denied any misconduct.

J. EDWARD HUNTER (Statesville) - By Consent, the Commission reprimanded Mr. Hunter effective September 15, 1995. The Commission found that in 1986, Mr. Hunter had formed a corporation through which to conduct his real estate brokerage business, but that he had failed to apply for a corporate broker license until June of 1995. The Commission noted that at all times since forming his corporation, Mr. Hunter had maintained an active, current individual broker license.

DONALD W. LANIER (Asheboro) - The Commission accepted the voluntary surrender of Mr. Lanier's broker license for 41/z years effective November 7,1995. The Commission dismissed without prejudice charges that Mr. Lanier had violated provisions of the Real Estate License Law. Mr. Lanier neither admitted nor denied any misconduct.

HUGH D. LITTLE (Cary) - By Consent, the Commission suspended Mr. Little's broker license for one year effective November 1, 1995. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Mr. Little, as broker-incharge of a real estate office, had supervised an employee in the performance of real estate activities which required a North Carolina real estate license, but that at the time, the employee was not licensed to engage in real estate brokerage in North Carolina.

ROMULUS H. LLEWELLYN, JR. (Atlantic Beach) - By Consent, the Commission revoked Mr. Llewellyn's broker license effective December 1, 1995. On January 30, 1996, Mr. Llewellyn's salesman license was reinstated upon certain conditions. The Commission found that while Mr. Llewellyn was designated as broker-in-charge of a corporate real estate broker, he had failed to conduct the examination of trust account records required by Commission rules and therefore had failed to discover that the corporation and its owner had converted trust monies to their own benefit. The Commission noted that there was no evidence that Mr. Llewellyn had converted any of the funds himself. Mr. Llewellyn neither admitted nor denied any misconduct.

VIRGINIA H. PETERS (Raleigh) - By Consent, the Commission reprimanded Ms. Peters effective October 6, 1995. The Commission found that Ms. Peters had failed to give parties in a real estate transaction adequate notice of the relationship between the property involved in the transaction and the approach/takeoff pattern of aircraft at an airport that was near the property. Ms. Peters denied any violation of the Real Estate License Law but did not contest the Commission's action.

RICHLANDS INSURANCE & REALTY, INC. (Richlands) - By Consent, the Commission reprimanded Richlands Insurance & Realty, Inc. effective June 15, 1995. The Commission found that a real estate broker, acting on behalf of Richlands Insurance & Realty, Inc. as the closing agent for the buyers and sellers of a property listed by the corporation, had failed to follow the lender's closing instructions to assure that assumption language was included in the deed.

WAYNE I. TIMBERLAKE (Zebulon) - By Consent, the Commission suspended Mr. Timberlake's broker license for six months effective September 1, 1995. The Commission found that Mr. Timberlake had notarized signatures on a deed by certifying that the signatories had personally appeared before him when, in fact, they had not signed the deed in his presence. Mr. Timberlake denied that his actions constituted criminal misconduct or moral turpitude.

VERNON I. VERNON (Raleigh) By Consent, the Commission suspended Mr. Vernon's broker license for 30 months effective November 15, 1995. Six months of the suspension are to be active and the remaining period stayed for a probationary term of 24 months. The Commission found that Mr. Vernon in 1986 had pled guilty to simple assault, a misdemeanor, and in 1988, had pled guilty to "Conspiracy to Burn a Building Under Construction," a felony.

JAMIE D. YARBER (Charlotte) The Commission revoked Ms. Yarber's salesman license effective September 5, 1995. The Commission found that Ms. Yarber had failed to disclose to her tenants that foreclosure proceedings against the property they had leased were imminent due to Ms. Yarber's failure to make loan payments, and had failed to account to the tenants for rents and deposit monies after the tenants were forced to move when the property was sold at a foreclosure sale.