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DLLR's Division of Occupational and Professional Licensing

 

Disciplinary Actions - July 1, 2002 to June 30, 2003 - Maryland Real Estate Commission

 

REVOCATIONS

2002-RE-265 B Samantha Crosby-Hull (broker, Shannon Crosby Realty) REVOKED and FINED $10,000 for violation of Section 17-322(b)(3), (4), (22), (25), (31), and (33) and COMAR 09.11.01.07, 09.11.02.01C and 09.11.02.02A for failing to account for and remit monies owed under a property management agreement, for failing to maintain records of the transactions, for misrepresenting the status of the rental proceeds to the tenant of the property, and for paying the owners some of the monies owed with a check returned for insufficient funds. A Guaranty Fund payout in the amount of $9,575.25 was made as a result of the conduct of the licensee.

SUSPENSIONS

2002-RE-096 and 2001-RE-222 – Joseph L. Wallace, Jr. (salesperson, Century 21/H.T. Brown Real Estate) consented to a SUSPENSION of seventy-five days and a FINE of $7,000 for violation of Sections 17-301(a)(2), 17-317(a)(2), 17-322(b)(25), (32), and (33), 17-601(b) and 17-602(b) and COMAR 09.11.02.01C and 09.11.02.02A and B in Case No. 2001-RE-222, and Sections 17-301(a)(2), 17-322(b)(25), (32), and (33), 17-601(b) and 17-602(b) and COMAR 09.11.02.02A in Case No. 2002-RE-096 for failing to disclose material information to a buyer, and for providing real estate brokerage services without a license for a twenty-month period.

2002-RE-009 B Tony Goldenberg (broker, Castle Homes, Inc.) SUSPENDED for twenty-one days and FINED $4,000 for violation of Section 17-322(b)(3), (25), and (33) and COMAR 09.11.02.01C for fabricating and providing a false roofing certification and warranty to the buyer in connection with the sale of a home which he owned and for which he was the listing agent.

2001-RE-316 – Jeanette Gray (salesperson, Realty Executives Main Street USA) consented to a SUSPENSION of fifteen days and a FINE of $5,000 for violation of Sections 17-322(b)(32) and (33), 17-530(b)(1) and (5)(i) and (vi), and 17-533(e) and (g) and COMAR 09.11.02.01H and 09.11.02.02A and J for failing to present the buyers with a copy of the cancelled buyer-broker agreement, for failing to have the buyers initial the cancellation, for providing the buyers with a dual agency consent form which did not disclose her role in the transaction, and did not describe the differences between the types of agents, for failing to have the consent form signed by all parties to the transaction, for failing to reference the addenda in the contract and to include an addendum extending the settlement date, and for failing to insure that the buyers had a copy of the seller disclosure form prior to the submission of the offer to purchase. Ms. Gray also agreed to reimburse the buyers the amount of $5,000.

2001-RE-169 - Michael Urbanski (salesperson, Anne Arundel Properties, Inc.) SUSPENDED for three days and FINED $3,000 for violation of Section 17-322(b)(3), (25), and (33) and COMAR 09.11.02.01C and D, and 09.11.02.02A for failing to honor his promise to the buyer to pay for replacement of polybutylene pipes under certain circumstances, for making a financial commitment on the part of his broker without the broker’s knowledge, for failing to communicate with the buyer regarding the replacement issue, and for failing to ascertain the material facts regarding replacement of the pipes by the manufacturer. A Guaranty Fund payout in the amount of $4,500 was made as a result of the conduct of the licensee.

2001-RE-157 - Larry J. Artiz (salesperson, Fairfax Realty, Inc.) SUSPENDED for sixty days and FINED $3,000 for violation of Section 17-322(b)(3), (25), and (33) and COMAR 09.11.02.01C and 09.11.02.02A for forging the buyer’s signature on a release of the seller’s responsibility to correct certain deficiencies, and for informing the buyer that the seller had agreed to make certain repairs when the forged document specifically released the seller from those obligations. A Guaranty Fund payout in the amount of $736.50 was made as a result of the conduct of the licensee.

2001-RE-013 - Annette Abrams-Decoteau (salesperson, Re/Max 100 Real Estate) SUSPENDED for twenty days and FINED $6,000 for violation of Section 17-322(b)(3), (4), (25), and (33) and COMAR 09.11.02.01C and D and 09.11.02.02A for failing to disclose to the buyer material information regarding the condition of the house, for failing to disclose to the buyer the existence of an inspection report prepared in connection with the loan program, and for intentionally suppressing the inspection report in order to deceive the buyer. A Guaranty Fund payout in the amount of $3,359 was made as a result of the conduct of the licensee.

FINES

2002-RE-229 – Charles J. Ruth, Jr. (salesperson, Century 21/Horizon Realty, Inc.) consented to a FINE of $5,000 for violation of Sections 17-301(a)(2), 17-322(b)(25), (32), and (33), 17-532(c)(ii)(3), 17-601(b) and 17-602(b) and COMAR 09.11.02.02A for failing to submit the buyer’s contract offer to the listing agent In a timely manner and for providing real estate brokerage services without a license.

2002-RE-175 – John Wood (salesperson, Long & Foster Real Estate, Inc.) consented to a FINE of $500 for violation of COMAR 09.11.01.07 for failing to ensure that the roof certification had been properly obtained from the listing broker and forwarded to the buyer.

- Ann Marsiglia (salesperson, O’Conor, Piper & Flynn) consented to a FINE of $500 for violation of COMAR 09.11.01.07 for failing to ensure that the roof certification had been properly forwarded to the buyer.

2002-RE-114 – Debra Phillips-Demaris (salesperson, Re/Max Experts) consented to a FINE of $300 for violation of Section 17-322(b)(19), (25), and (33) and COMAR 09.11.01.19C(1) and (2), and 09.11.02.01G for failing to include in her advertising the name of the real estate broker or brokerage with which she was affiliated, and for failing to include in the advertising her name as registered with the Commission.

2002-RE-096 and 2001-RE-222 - Hollis T. Brown (broker, Century 21/H.T. Brown Real Estate) consented to a FINE in the amount of $6,500 and a REPRIMAND for violation of Sections 17-317(a)(1)(ii), 17-320(c), 17-322(b)(23), (25) [as to improper dealings], (27), (32), and (33), 17-603(b), and 17-604(a) and COMAR 09.11.02.01C and 09.11.05.02 in Case No. 2001-RE-222, and §§ 17-320(c), 17-322(b)(25) [as to improper dealings], (27), (32), (33), 17-502(b), and 17-603(b) and COMAR 09.11.02.01C and 09.11.05.02 in Case No. 2002-RE-096, for failing to promptly deposit trust money into his escrow account, for knowingly permitting a salesperson affiliated with his brokerage to provide real estate brokerage services after his license had expired, for failing to ensure that the salesperson’s license was renewed in a timely manner, and for failing to provide reasonable and adequate supervision as required of a broker.

2002-RE-054 – Moses Williamson (broker, M. Williamson Realty Company) consented to a FINE in the amount of $3,000 for violation of Section 17-322(b)(25) and (33) and COMAR 09.11.02.01C for soliciting a loan from a client in his real estate brokerage business, and failing to repay any part of the loan despite collecting a commission on the sales transaction.

2002-RE-003 – Jung J. Kim (salesperson, O’Conor, Piper & Flynn, ERA) consented to a FINE in the amount of $250 and a REPRIMAND for violation of Section 17-322(b)(14)(i) for failing to promptly furnish to the seller a copy of the listing agreement.

2001-RE-312 – Angela Brock (salesperson, Prudential Mathis Realtors) consented to a FINE in the amount of $1,000 for violation of Section 17-530(d)(1)(ii) for failing to properly disclose her relationship with the seller to the parties. She also agreed to pay the claimant $1,435 in connection with an agreement she had made with the buyer/claimant at the time of settlement.

2001-RE-228 - John E. Riddick (salesperson, RE/MAX 100 Real Estate) FINED $500 and REPRIMANDED for violation of Section 17-322(b)(33) and COMAR 09.11.02.1C for failing to discuss with the buyer a non-refundable fee contained in a buyer-broker agreement, for requesting payment of the fee only when the buyer expressed a desire to cancel the agreement, and for writing a letter to the buyer’s supervisor at her place of employment disparaging her character and complaining about her failure to pay the fee.

2001-RE-222 – Timothy K. Thomas (associate broker, Century 21/ H.T. Brown Real Estate) consented to FINE in the amount of $750 and a REPRIMAND for violation of Sections 17-320(d), 17-322(b)(33) and (34) and COMAR 09.11.02.01C for permitting a salesperson for whom he had supervisory responsibility as a branch office manager to provide real estate brokerage services for eleven months after his license had expired, for failing to ensure that the salesperson’s license was renewed in a timely manner and displayed in the office, and for failing to provide reasonable and adequate supervision as required of a branch office manager.

- Valerie Hall (associate broker, Century 21/ H.T. Brown Real Estate) consented to a FINE in the amount of $750.00 and a REPRIMAND for violation of Sections 17-320(d), 17-322(b)(33) and (34) and COMAR 09.11.02.01C for permitting a salesperson for whom she had supervisory responsibility as a branch office manager to provide real estate brokerage services for nine months while he was not licensed, for failing to ensure that the salesperson’s license was renewed in a timely manner and displayed in the office, and for failing to provide reasonable and adequate supervision as required of a branch office manager.

2001-RE-198 – Luis Tirigall (salesperson, Long & Foster Real Estate, Inc.) consented to a FINE in the amount of $1,000 and a REPRIMAND for violation of Sections 17-322(b)(22), (25), (31), and (33) and 17-502(a) and COMAR 09.11.02.02A for failing to remit earnest money deposit checks to his broker for deposit in a trust money account until four to five months after the checks were given to him by the buyer.

2001-RE-197 – David Forrester (salesperson, RE/Max Realty Group) consented to a FINE in the amount of $500 and a REPRIMAND for violation of Sections 17-322(b)(14), (25), (30), and (33) and 17-530(b) and COMAR 09.11.02.01H and 09.11.02.02A for failing to provide the sellers with copies of the listing agreement and the land installment contracts on the properties in a timely manner, for failing to provide copies of the land installment contracts to the buyers in a timely manner, for failing to disclose to all parties, through an agency disclosure form, for whom he was working, and for failing to put all financial agreements between the parties in writing.

2001-RE-162 – Sarvan Singh (broker, Van Singh Realty) consented to a FINE in the amount of $500 and a REPRIMAND for violation of COMAR 09.11.02.01D in connection with a buyer-broker agreement. He also agreed to pay the buyers the sum of $500.

2001-RE-033 – Larry J. Artiz (salesperson, Fairfax Realty, Inc.) consented to a FINE in the amount of $500 and a REPRIMAND for violation of Section 17-322(b)(25) in connection with a property lease agreement. He also agreed to return a $1,500 security deposit to the lessee.

2001-RE-028 – Harry Blum II (broker, Fiola Blum, Inc., Realtors) consented to a FINE in the amount of $1,000 and a REPRIMAND for violation of Section 17-322(b)(25) for using the name of another broker as the buyer’s agent on the contract of sale and the agency disclosure form without that broker’s knowledge or authorization.

2001-RE-026 – Larhonde Patterson (salesperson, Murrell, Inc.) consented to a FINE in the amount of $200 and a REPRIMAND for violation of COMAR 09.11.02.02A for failing to include the Homeowner’s Warranty in the terms of the purchase contract.

2001-RE-013 - Antoinette Webb (salesperson, Prudential Mathis Realtors) FINED $6,000 for violation of Section 17-322(b)(4), (25), (32), and (33) and COMAR 09.11.02.01C and D and 09.11.02.02A for failing to obtain a copy of the inspection report prior to settlement, and for failing to protect the interests of the buyer by not ensuring that the buyer received material information about the property.

2000-RE-357 – Carolyn Dunn (salesperson, D.E. Hughes Realty Co.) consented to a FINE in the amount of $500 and a REPRIMAND for violation of Section 17-322(b)(32) and COMAR 09.11.02.02J in connection with a contract of sale. She also agreed to pay restitution of $3,750 to the claimant.

2000-RE-309 – Jeannette Gray (salesperson, Realty Executives Main Street USA) consented to a FINE in the amount of $500 for violation of Section 17-322(b)(14) in connection with a purchase contract. She also agreed to pay restitution of $2,250 to the claimant.

2000-RE-288 – Jorge Escalante (broker, Real Estate Experts, Inc.) consented to a FINE in the amount of $1,000 for violation of Section 17-519(b) for failing to post a conspicuous sign outside his place of business.

2000-RE-161 – Richard Proctor (associate broker, O’Conor, Piper& Flynn, ERA) consented to a FINE in the amount of $500 and a REPRIMAND for violation of Section 17-322(b)(20) for failing to disclose the name of his broker in an advertisement for real estate brokerage services.

2000-RE-077 – Marvin E. Weathersby (broker, Weathersby & Associates Real Estate Services) consented to a FINE in the amount of $1,000 for violation of § 17-322(b)(3) and (25). He also agreed to pay restitution of $500 to the complainant.

99-RE-301 B Neva Douglas (salesperson, Prudential Carruthers Realtors) FINED $2,000 and REPRIMANDED for violation of ' 17-322(b)(4), (25), (32), and (33) and COMAR 09.11.02.01C and D and 09.11.02.02A for failing to provide a copy of an addendum to the buyers or to the loan officer which prevented an accurate appraisal of the property based on the increased sale price and forced the buyers to pay the difference in price in cash at settlement.

99-RE-161 B Barbara Ange (salesperson, O’Conor, Piper & Flynn) FINED $1,000 for violation of ' 17-322(b)(19) for including in the listing and the flyer on the property information which indicated that the home had new or upgraded hardwood floors under the carpeting when it did not.

98-RE-009 – Ruth Hale (salesperson, Town & Country Properties, Inc. of Maryland) consented to a FINE in the amount of $500 and a REPRIMAND for violation of § 17-322(b)(3), (4), (19), and (25) and COMAR 09.11.02.01A, C, D, and G and 09.11.02.02B for providing false information to the buyer’s agent regarding the zoning status of a property which she had listed.

REPRIMANDS

2002-RE-274 - Edward L. Shepp (broker, Welcome Home Realty) consented to a REPRIMAND for violation of Sections 17-320(c), 17-322(b)(25) [as to improper dealings only], (27), (32), and (33), 17-530(d)(1)(ii) and COMAR 09.11.05.02 for providing the buyers for the first time at settlement a list of the repairs to which the sellers had agreed, which list differed from the items in the addendum to the contract of sale, for failing to designate an associate broker or salesperson to act as an intra-company agent on behalf of the sellers in the transaction, for making himself the intra-company agent on behalf of the sellers, and for failing to provide reasonable and adequate supervision to the salesperson representing the buyers in the transaction. The licensee also agreed to jointly pay $2,750 to the claimant.

- Vicki L. King (salesperson, Welcome Home Realty) consented to a REPRIMAND for violation of Section 17-322(b)(25) [as to improper dealings only] and (33) and COMAR 09.11.02.02A for failing to adequately represent the interest of the buyers when the sellers through their agent refused at settlement to make the repairs which had been agreed to in an addendum. The licensee also agreed to jointly pay $2,750 to the claimant.

2002-RE-127 - George M. Faber (salesperson, Fiola Blum, Inc., Realtors) consented to a REPRIMAND for violation of Section 17-322(b)(25) and (33) and COMAR 09.11.02.02A for failing to insure that the contract contained the full agreement of the parties.

2000-RE-358 – Willie Ruth Seymour (salesperson, Re/Max Suburban West) consented to a REPRIMAND for violation of COMAR 09.11.02.01D for failing to disclose to the buyers material information regarding the property. She also agreed to pay the buyer $2,000.

APPLICATIONS DENIED

2003-RE-157 B Application for salesperson license DENIED based on conviction for felony theft.

2002-RE-322 B Application for salesperson license DENIED based on conviction for felony drug offense.

GUARANTY FUND ONLY

2002-RE-120 B Carol Glanville (broker, A-1 Property Management). A Guarantee Fund payout in the amount of $3,510 was made as a result of the licensee’s failure to remit to the property owner rents collected under a property management agreement.

2002-RE-047 - Thomas L. Powell (salesperson, Realty Executives Andrews/Camp Springs). A Guaranty Fund payout in the amount of $10,000 was made as a result of the licensee’s failure to advise the seller's agent that the deposit checks had been dishonored and the licensee’s misrepresentations as to the status of the escrow funds.

2001-RE-285 B Hyatt M. Nasser (broker, Professional Property Management, Inc.) and Ann Elizabeth Miller (salesperson, Professional Property Management, Inc.). A Guaranty Fund payout in the amount of $14,302.44 was made as a result of the licensees= failure to remit rental payments to the owner of the property under the terms of the property management agreement, and their failure to account for the tenant’s security deposit.

2001-RE-284 - Hyatt M. Nasser (broker, Professional Property Management, Inc.) and Ann Elizabeth Miller (salesperson, Professional Property Management, Inc.). A Guaranty Fund payout in the amount of $11,281.63 was made as a result of the licensees= failure to remit rental payments to the owner of the property under the terms of the property management agreement, and their failure to account for the tenant’s security deposit.

2001-RE-261 - Hyatt M. Nasser (broker, Professional Property Management, Inc.) and Ann Elizabeth Miller (salesperson, Professional Property Management, Inc.). A Guaranty Fund payout in the amount of $5,610 was made as a result of the licensees= failure to pay for improvements to the property for which they charged the owners under a property management agreement.

2001-RE-255 - Hyatt M. Nasser (broker, Professional Property Management, Inc.) and Ann Elizabeth Miller (salesperson, Professional Property Management, Inc.). A Guaranty Fund payout in the amount of $22,777.36 was made as a result of the licensees= failure to account for security deposits held under a series of property management agreements, and a payout in the amount of $17,477 was made as a result of the licensees= failure to remit rental payments to the owners under the terms of the same property management agreements.

2001-RE-235 - - Hyatt M. Nasser (broker, Professional Property Management, Inc.) and Ann Elizabeth Miller (salesperson, Professional Property Management, Inc.). A Guaranty Fund payout in the amount of $4,783 was made as a result of the licensees= failure to account for the security deposit, failure to remit a rental payment, and failure to return funds from the working capital account, all under the terms of the property management agreement.

2001-RE-219 - Hyatt M. Nasser (broker, Professional Property Management, Inc.) and Ann Elizabeth Miller (salesperson, Professional Property Management, Inc.). A Guaranty Fund payout in the amount of $3,063.53 was made as a result of the licensees= failure to remit rental payments to the owners of the property under the terms of the property management agreement, failure to account for the tenant's security deposit, failure to return the working capital funds, and misrepresentation of the actual cost of work performed on the property.

2001-RE-215 - Hyatt M. Nasser (broker, Professional Property Management, Inc.) and Ann Elizabeth Miller (salesperson, Professional Property Management, Inc.). A Guaranty Fund payout in the amount of $20,363.43 was made as a result of the licensees= failure to remit rental payments to the owner of the property under the terms of the property management agreement, and their failure to account for the tenant’s security deposit.

2001-RE-203 - Hyatt M. Nasser (broker, Professional Property Management, Inc.) and Ann Elizabeth Miller (salesperson, Professional Property Management, Inc.). A Guaranty Fund payout in the amount of $4,558.20 was made as a result of the licensees= failure to remit rental payments to the owner of the property under the terms of the property management agreement, failure to account for the tenant's security deposit, failure to return the working capital funds, and failure to pay costs associated with the property for which they had been reimbursed by the owner.

2001-RE-186 - Hyatt M. Nasser (broker, Professional Property Management, Inc.) and Ann Elizabeth Miller (salesperson, Professional Property Management, Inc.). A Guaranty Fund payout in the amount of $3,520.33 was made as a result of the licensees= failure to remit rental payments to the owner of the property under the terms of the property management agreement, failure to account for the tenant's security deposit, and failure to return the working capital funds.

2001-RE-178 - Hyatt M. Nasser (broker, Professional Property Management, Inc.) and Ann Elizabeth Miller (salesperson, Professional Property Management, Inc.). A Guaranty Fund payout in the amount of $5,291.98 was made as a result of the licensees= failure to remit rental payments to the owner of the property under the terms of the property management agreement, failure to account for the tenant's security deposit, failure to return the working capital funds, and failure to arrange for work to be performed on the property after claiming reimbursement from the working capital fund.

2001-RE-136 - Carol Glanville (broker, A-1 Property Management). A Guaranty Fund payout in the amount of $1,900 was made as a result of the licensee=s failure to account for the security deposit and failure to remit lease renewal fees to the owner of the property under the terms of the property management agreement.

2000-RE-364 B Carol Glanville (broker, A-1 Property Management). A Guaranty Fund payout in the amount of $816.66 was made as a result of the licensee=s failure to return a security deposit to the property owners at the conclusion of a property management agreement.

2000-RE-233 B Robert Cowan (broker, Cowan & Associates Realty Group). A Guaranty Fund payout in the amount of $10,698.80 was made as a result of the licensee=s failure to remit the security deposit and rental payments to the property owner while the licensee was acting as a property manager.

99-RE-323 B Saul Golanski (broker, Gold Key Real Estate). A Guaranty Fund payout in the amount of $19,000 was made as result of the licensee=s failure to return a deposit given to him to hold in escrow in connection with a contract to purchase property.