Disciplinary Action

MILTON AGUILAR (Fayetteville) -By Consent, the Commission revoked Mr. Aguilar's broker license effective October 15, 1997. The Commission then granted Mr. Aguilar a salesman license. The Commission found that Mr. Aguilar had failed to properly maintain his firm's trust and escrow accounts and to supervise the conduct of his firm's bookkeepers, thereby creating a situation whereby a salesman with the firm was able to convert funds to her own use, resulting in a substantial shortage in the firm's trust accounts. The Commission noted that Mr. Aguilar subsequently replaced the funds and balanced the accounts.

AMERICAN PROPERTIES, INC. (Jacksonville) - By Consent, the Commission suspended the firm real estate broker license of American Properties, Inc. for one year effective September 1, 1997. The Commission then stayed the suspension for a probationary term of one year. The Commission found that American Properties, Inc. had failed to properly maintain its trust accounts and trust account records in that it had created a special account which it used for deposits, withdrawals and holding of funds whose ownership the firm could not immediately determine. The Commission noted that American Properties, Inc. has now traced all funds in the special account and disbursed them to the proper sources.

CENTURY 21 RICHARDSON PROPERTIES, INC. (Winston-Salem) - The Commission accepted the voluntary surrender of Century 21 Richardson Properties, Inc.'s firm real estate broker license for two years effective September 1, 1997. The Commission dismissed without prejudice charges that Century 21 Richardson Properties, Inc. had violated various provisions of the Real Estate License Law and administrative rules of the Commission. Century 21 Richardson Properties, Inc. neither admitted nor denied any misconduct.

JOHN DALE FREEMAN (Durham) -The Commission revoked Mr. Freeman's salesman license effective August 7, 1997. The Commission found that Mr. Freeman had been convicted of the federal offense of bank robbery.

SUSAN S. GAMBLIN (Banner Elk) -By Consent, the Commission suspended Ms. Gamblin's broker license for two years effective September 30, 1997. The Commission then stayed the suspension for a probationary term of two years upon certain conditions. The Commission found that Ms. Gamblin had failed to maintain, in a reasonable and prudent manner, the financial records of a homeowners association.

DONALD AUSTIN GIBBS, JR. (Charlotte) - By Consent, the Commission suspended Mr. Gibbs' salesman license for one year effective September 1, 1997. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Mr. Gibbs had failed to state complete employment information on his application for licensure as a real estate salesman. The Commission noted that the information Mr. Gibbs had provided was correct; however the information was misleading and resulted in a false statement of his employment history preceding his application.

CHARLES W. LANEY (Murphy) -By Consent, the Commission reprimanded Mr. Laney effective August 15, 1997. The Commission found that while engaging in real estate brokerage, Mr. Laney had failed to confirm the correct legal description of a lot prior to listing and selling it, thereby causing buyers to close the purchase of another lot.

MALCOLM C. MINOR (Banner Elk) - By Consent, the Commission suspended Mr. Minor's broker license for two years effective September 30, 1997. Six months of the suspension was active and the remaining period stayed for a probationary term of 18 months upon certain conditions. The Commission found that Mr. Minor had failed to maintain, in a reasonable and prudent manner, the financial records of a homeowners association.

JOSEPH P. RICHARDSON, JR. (Winston-Salem) - The Commission accepted the voluntary surrender of Mr. Richardson's broker license for two years effective September 1, 1997. The Commission dismissed without prejudice charges that Mr. Richardson had violated various provisions of the Real Estate License Law and administrative rules of the Commission. Mr. Richardson neither admitted nor denied any misconduct.

DEBORAH A. SHABAZZ (Greensboro) - The Commission accepted the voluntary surrender of Ms. Shabazz' broker license for five years effective September 1, 1997. The Commission dismissed without prejudice charges that Ms. Shabazz had violated provisions of the Real Estate License Law and the rules of the Commission. Ms. Shabazz neither admitted nor denied any misconduct.

RONNIE L. STURDIVANT (Durham) - By Consent, the Commission suspended Mr. Sturdivant's broker license for three years effective December 1, 1997. The Commission then stayed the suspension for a probationary term of three years upon certain conditions. The Commission found that Mr. Sturdivant, while renting residential properties, had engaged in improper eviction practices. The Commission further found that Mr. Sturdivant had used single-family residential properties for boarding houses in violation of local zoning regulations.

TOWN & COUNTRY REAL ESTATE & APPRAISALS, INC. OF FAYETTEVILLE (Fayetteville) - By Consent, the Commission suspended the firm real estate broker license of Town & Country Real Estate & Appraisals, Inc. of Fayetteville for two years effective October 15, 1997. The Commission then stayed the suspension for a probationary term of two years. The Commission found that Town & Country Real Estate & Appraisals, Inc. of Fayetteville had failed to properly maintain its trust and escrow accounts and to supervise the conduct of its bookkeepers, thereby creating a situation whereby a salesman with the firm was able to convert funds to her own use, resulting in a substantial shortage in the firm's trust accounts. The Commission noted that Town & Country Real Estate & Appraisals, Inc. of Fayetteville subsequently replaced the funds and balanced the accounts.

GARLAND W. WAGONER, JR. (Burlington) - The Commission accepted the voluntary surrender of Mr. Wagoner's broker license for three years effective September 1, 1997. The Commission dismissed without prejudice charges that Mr. Wagoner had violated certain provisions of the Real Estate License Law as a result of his conviction of a criminal offense. Mr. Wagoner neither admitted nor denied any misconduct.

REBECCA H. WILLIS (Jacksonville) -By Consent, the Commission suspended Ms. Willis' broker license for one year effective September 1, 1997. The Commission then stayed the suspension for a probationary term of one year. The Commission found that Ms. Willis, as broker-in-charge of a corporation, had created a special account which she used for deposits, withdrawals and holding of funds whose ownership she could not immediately determine. The Commission noted that Ms. Willis has now traced all funds in the special account and disbursed them to the proper sources.