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REVOCATIONS
99-RE-199 - Hallie M. Lawrence (former salesperson, RE/MAX 100 Real
Estate) REVOKED and FINED $3000 for violation
of §17-322(b)(14), (25), and (33) and COMAR 09.11.02.01C
and H and .02A for forging the purchaser's name and initials
on a contract, and for failing to promptly furnish a copy
of the contract to the buyer or the buyer's agent.
99-RE-084 – Jonathan W. Roark (former associate broker, Century 21/Uhrich&
Company) REVOKED and FINED $6,000 for violation
of §17-322(b)(1),(2) and (25) for stating on his license
application that he had never had a real estate license
suspended or revoked in another state when in fact his Delaware
broker’s license had been revoked.
SUSPENSIONS
00-RE-127 – Bryon D. Hall (former associate broker, Century 21/J.D.Williams
Real Estate Company, Inc.) SUSPENDED for two years
and FINED $7,000 for violation of §17-322(b)(3),(4),(25),(32)
and (33) and COMAR 09.11.02.01C,D and H and 09.11.02.02A
for failing to disclose to the sellers the true amount of
the settlement costs for which they would be responsible,
for failing to timely disclose to the purchasers and the
title company that he had not taken care of the second mortgage
on the property as he had promised to do, and for not seeing
that all financial obligations and commitments were in writing.
A Guaranty Fund payout in the amount of $5,100 was made
as a result of the conduct of the licensee.
99-RE-223 - Annette M. Barbera (salesperson, W.F.Chesley Real Estate)
consented to a SUSPENSION of sixty days and a FINE
in the amount of $1,500 for violation of COMAR 09.11.02.01H
for failing to see that all financial obligations and commitments
regarding the subject real estate transaction were in writing,
expressing the exact agreement of the parties.
99-RE-129 – Vincent H. Deal (broker, Deal Real Estate) SUSPENDED
for seven days and FINED $4,000 for violation of
§17-322(b)(3),(14),(25),(32) and (33) and COMAR 09.11.02.01C
and 09.11.02.02A for permitting a prospective purchaser
to occupy the home prior to sale without the owner’s permission,
for failing to furnish the seller with a copy of the contract
of sale, and for failing to protect the interests of the
seller. A Guaranty Fund payout in the amount of $3,930.71
was paid as a result of the conduct of the licensee.
99-RE-104 – Helen Brooks (salesperson, RE/MAX Professionals) SUSPENDED
for seven days, FINED $2,000, and REPRIMANDED
for violation of §17-322(b)(33) and COMAR 09.11.02.01H for
failing to prepare an addendum expressing the sellers’ agreement
to make the purchase of their new home contingent on the
sale of their existing home and for failing to see that
the express agreement of the parties was in writing. A Guaranty
Fund payout in the amount of $1,425 was made as a result
of the conduct of the licensee.
99-RE-043 – Cynthia S. Jones (salesperson, Robison and Skidmore Professional
Real Estate Services) SUSPENDED for five days AND
FINED $1000 for violation of §17-322(b)(4),(25) and
(33) and COMAR 09.11.02.01A,C and D and 09.11.01.01J for
failing to make inquiries in regard to information from
the owner about prior flooding in the basement, for failing
to disclose to the purchasers material facts concerning
the property, and for failing to ensure that a disclosure/disclaimer
statement was provided to the purchasers. A Guaranty Fund
payout in the amount of $18,451.92 was made as a result
of the conduct of Ms. Jones and another licensee.
REPRIMANDS
00-RE-045 – William H. Edwards (salesperson, Mathis Realtors) consented
to a REPRIMAND and a FINE of $1,500 for violation
of §17-322(b)(32) and (33), §17-528(c), and COMAR 09.11.02.01H
and 09.11.02.02A.
00-RE-007 – James B. Thomas (broker, RE/MAX 2000 Realtors) consented
to a REPRIMAND and a FINE of $500 for violation
of §17-322(b)(33) and COMAR 09.11.01.16 for failing to send
a written response to the Commission as directed.
- William H. Brown, Jr. (salesperson, RE/MAX 2000 Realtors) consented
to a REPRIMAND and a FINE of $1,500 for violation
of §17-322(b)(31) for failing to promptly remit trust money to the broker
99-RE-200 - Michael J. Matese (salesperson, W.C.&A.N. Miller Development
Company) consented to a REPRIMAND for violation of
COMAR 09.11.01.12 for failing to obtain a new written listing
agreement after the original one expired.
99-RE-152 - Edward J. Hurley (salesperson, O'Conor, Piper & Flynn)
consented to a REPRIMAND and a FINE of
$250 for violation of 17-322(b)(18),(25), and
(33) and COMAR 09.11.02.01C and G for failing to identify
himself as a licensed salesperson in advertising property
for sale, for failing to identify himself as a licensed
salesperson in a contract of sale and in a lease agreement,
and for using forms from the brokerage with which he was
affiliated in a private transaction not conducted under
the auspices of the broker.
99-RE-152 - Jean H. Hurley (associate broker, O'Conor, Piper & Flynn)
consented to a REPRIMAND and a FINE of $250
for violation of 17-322(b)(18),(25), and
(33) and COMAR 09.11.02.01C and G for failing to identify
herself as a licensed associate broker in advertising property
for sale, for failing to identify herself as a licensed
associate broker in a contract of sale and in a lease agreement,
and for using forms from the brokerage with which she was
affiliated in a private transaction not conducted under
the auspices of the broker.
99-RE-134 – Donna Gussio (former salesperson, Peak Realty) REPRIMANDED
and FINED $1,000 for violation of §17-322(b)(22)
and (33) and COMAR 09.11.02.01C and H and 09.11.02.02A for
failing to obtain a signed release prior to returning a
deposit to the purchasers, for failing to inform the sellers
of issues relating to the purchasers’ ability to buy the
home, and for failing to provide copies of contract documents
to the sellers in a timely fashion.
99-RE-124 – Ronald Ladue (salesperson, Llewellyn Realtors) consented
to a REPRIMAND for violation of §17-322(b)(25) in
connection with the terms of a post-occupancy agreement.
99-RE-008 – Gwendolyn Wynn (broker, Wynn Real Estate) consented to a
REPRIMAND and a FINE in the amount of $1000
for violation of §17-322(b)(33) and COMAR 09.11.02.01C for
actions taken in connection with a rental property investment
agreement.
99-RE-060 – Ronald Wisenburg (former salesperson, Twigg Realty, Inc.)
consented to a REPRIMAND and a FINE of $500
for violation of §17-322(b)(10) and (33) and COMAR 09.11.02.02A
for actions taken in connection with a management agreement
and a listing agreement on certain property.
FINES
00-RE-122 – Hayat M. Nasser (former broker, Professional Property Management,
Inc.) FINED $8,000 for violation of §17-322(b)(22),(25)
and (33) and COMAR 09.11.02.01C and 09.11.01.07 and Ann
Elizabeth Miller (former Salesperson, Professional Property
Management, Inc,) FINED $6,000 for violation of §17-322(b)(22),(25)
and (33) and COMAR 09.11.02.01C for failing to account for
monies received under a property management agreement, for
submitting false annual statements to the owner of the property,
for failing to pay the condominium fees and the mortgage,
for failing to make repairs for which they had collected
monies, and for embezzling monies from the owner. A Guaranty
Fund payout of $21,413.64 was made as a result of the conduct
of the licensees.
00-RE-104 - Hayat M. Nasser (former broker, Professional Property Management,
Inc.) FINED $8,000 for violation of §17-322(b)(22),(25)
and (33) and COMAR 09.11.02.01C and 09.11.01.07 and Ann
Elizabeth Miller (former Salesperson, Professional Property
Management, Inc,) FINED $6,000 for violation of §17-322(b)(22),(25)
and (33) and COMAR 09.11.02.01C for failing to account for
monies received under a property management agreement, for
submitting false annual statements to the owner of the property,
for failing to make mortgage payments and causing the house
to twice go into foreclosure, for failing to pay for repairs,
and for embezzling monies from the owner. A Guaranty Fund
payout of $3,826.50 was made as a result of the conduct of the licensees.
00-RE-045 – Jerry Mathis (broker, Mathis Realtors) consented to a FINE
of $500 for violation of §17-322(b)(27),(32) and (33), §17-320(c),
§17-528(c) and (d)(1)(ii), and COMAR 09.11.05.02.
99-RE-275 - Hayat M. Nasser (former broker, Professional Property Management,
Inc.) FINED $8,000 for violation of §17-322(b)(22),(25)
and (33) and COMAR 09.11.02.01C and 09.11.01.07 for failing
to account for, monies received under a property management
agreement, for failing to remit net rental proceeds to the
owner, and for failing to cooperate with the Commission investigation.
- Ann Elizabeth Miller (former salesperson, Professional Property Management,
Inc,) FINED $6,000 for violation of §17-322(b)(25)
and (33) and COMAR 09.11.02.01C for failing to notify the
owner of the broker’s failure to remit the net rental proceeds,
for failing to timely fully advise the owner of the extent
of the broker’s misappropriation of his funds, and for failing
to cooperate with the Commission investigation. A Guaranty
Fund payout of $25,000 was made as a result of the conduct of the licensees.
99-RE-189 - Donald L. Frederick, Jr. (salesperson and office manager,
RE/MAX 100 Real Estate) FINED $2000 for violation
of 17-320(d) and 17-322(b)(25) and (34)
for holding himself out to be a broker and for failing to provide proper supervision.
99-RE-179 - Ronald Klecka (former salesperson, RE/MAX Experts) FINED
$250 for violation of §17-322(b)(25) and (33) and COMAR
09.11.02.01C and H for failing to honor a verbal agreement
to pay the purchasers' home inspection fee, and for failure
to see that this financial agreement was in writing.
99-RE-148 - Leona R. Wongus (former salesperson, Charles C. Powell,
Inc. Realtors) FINED $4,500 for violation of §17-322(b)(33)
and COMAR 09.11.02.01C for failing to prevent damaging practices
in the real estate field by allowing a settlement of her
property to go through even though she knew that because
of her bankruptcy filing that the settlement would be a
nullity and that harm would be caused to the parties involved.
99-RE-094 – Robert N. Cowan (former broker, Cowan & Associates Property
Management) FINED $5,000 for violation of §17-322(b)(22),(25),(32)
and (33), and 17-502 and COMAR 09.11.02.01C and .02A for
failing to properly handle trust monies received pursuant
to a property management agreement, and for failing to remit
trust monies to the owner of the property. A Guaranty Fund
payout in the amount of $1,800 was made as a result of the
conduct of the licensee.
99-RE-093 – Jerry L. Austin (former salesperson, Colonial Homes, Inc.)
FINED $9,000 for violation of §17-322(b)(3),(21),(22),(23),(25),
and (33) and COMAR 09.11.01.07, .02.01C,D,F, and H, .02.02A,
and .07.01 for misrepresenting to the parties the purpose
of an assignment of monies which the licensee directed at
settlement, for taking money that belonged to the seller,
keeping some of it, and directing that the remainder be
paid to the buyer, for making false statements to the Commission’s
investigator, for failing to ensure that all financial obligations
and commitments were in writing, and for failing to protect
his client’s interests. A Guaranty Fund payout in the amount
of $9,030 was made as a result of the conduct of the licensee.
99-RE-053 – Joyce A.C. Moody (salesperson, Moody & Associates) FINED
$400 for violation of §17-322(b)(33) and COMAR 09.11.02.01H
for failing to put in writing the financial obligations
and commitments relating to the early termination of a rental
agreement. A Guaranty Fund payout in the amount of $330
was made as a result of the conduct of the licensee.
99-RE-037 – Robert T. Ridgely (former salesperson, ERA Robert Ward Realty,
Inc.) FINED $12,000 for violation of §17-322(b)(22),(25),(32)
and (33), §17-502, and COMAR 09.11.02.01 and .02 for failing
to remit rent to the owner of the properties which he was
managing, for performing property management in violation
of his broker’s policies, for representing that he had made
repairs to a managed property when he had not, and for failing
to see that all the financial obligations and commitments
of the parties were in writing. A Guaranty Fund payout in
the amount of $4,869.34 was made as a result of the conduct
of the licensee.
98-RE-272 – Derrick A. Burnett (former salesperson, Century 21 Elite,
Inc.) FINED $3,000 for violation of §17-322(b)((14),(22),(25),(31),(32)
and (33), §17-502, and COMAR 09.11.01.07 and 09.11.02.01H
for failing to provide the seller with a copy of the executed
contract, for failing to give the earnest money deposit
to his broker for deposit, for failing to ensure that the
buyer had a copy of the disclosure statement, and for failing
to inform his broker of the status of the contract.
98-RE-204 – Angelo Carlotta (former salesperson, Loyola Real Estate
Sales) FINED $3,000 for violation of §17-322(b)(4)
and (25) for failing to provide the home owners association
resale packet to the purchaser, for failing to disclose
to the purchaser material information concerning construction
problems with the house, and for urging another person to
withhold that information from the purchaser.
97-RE-536 – Yu Fan (salesperson, Century 21/All Properties) consented
to a FINE of $1,000 for violation of §17-322(b)(4)
in connection with a property purchase agreement.
96-RE-554 – Carolyn C. Hebbel (former salesperson, O’Conor, Piper &
Flynn) FINED $2,500 for violation of §17-322(b)(25)
and (33) and COMAR 09.11.02.01C and D and 09.11.02.02A for
failing to make a reasonable effort to ascertain all material
facts concerning the property, for making seemingly threatening
and disparaging remarks to parties to a real estate transaction,
and for failing to fully uphold her responsibilities as a dual agent.
APPLICATIONS DENIED
2001-RE-176 – Application of Charles McFarland for renewal of salesperson’s
license DENIED based on conviction for bankruptcy
fraud in connection with a real estate development company.
2001-RE-118 - Application of Carl Merriweather for salesperson's license
DENIED based on conviction for giving a gratuity to a federal official.
2001-RE-098 - Application of Thomas J. Langford for a broker's license
DENIED based on failure to demonstrate understanding
of supervisory responsibilities of a broker.
2001-RE-057 - Application of Suzanne M. Macnab for a salesperson's license
DENIED based on facts underlying suspension of her
Delaware real estate license for misrepresentation.
2001-RE-037 - Application of Steven B. Terres for a salesperson's license
DENIED based on his attempt to deceive the Commission about his criminal background.
GUARANTY FUND ONLY
99-RE-349 – Robert Ridgely (former salesperson, Tri State Management).
A Guaranty Fund payout in the amount of $3500 was made as
a result of the licensee’s failure to remit to the owner
monies owed under a property management agreement.
99-RE-328 – Benedict J. Frederick, III (broker, Frederick Realty, Inc.).
A Guaranty Fund payout in the amount of $750 was made as
a result of the licensee’s failure to return a security
deposit as required by company documents.
99-RE-240 – Minh Vu Hoang (former broker, Minbilt Realty). A Guaranty
Fund payout in the amount of $9,699.60 was made as a result
of the licensee’s preparation of a contract for purchase
of a HUD-owner property which contained false information,
of the licensee’s false representation to the purchasers
that they were the owners of the property and could make
repairs on it prior to settlement, and of the broker’s failure
to return the deposit after the transaction was terminated.
99-RE-143 – Minh Vu Hoang (former broker, Minbilt Realty). A Guaranty
Fund payout in the amount of $315.65 was made as a result
of the licensee’s wrongfully withholding deposit money.
98-RE-248 – Michael D. Stein (former broker, Radius Realty Group, Ltd.
and Cameo Management, Inc.). Guaranty Fund payouts totaling
$62,220.70 were made to twenty-three claimants as a result
of the licensee’s failure to properly account for funds
held under property management agreements.
98-RE-138 - Robert N. Cowan (former broker, Cowan & Associates Realty
Group). A Guaranty Fund payout in the amount of $5950 was
made as a result of the licensee’s failure to remit security
deposits and rental payments to the property owner while
the licensee was acting as a property manager.
97-RE-192 – Janet Chee and Philip Argento (former salespersons, Regency
Realty Group). A Guaranty Fund payout in the amount of $5,000
was made as a result of the licensees’ failure to see that
a security deposit was placed in the broker’s escrow account
and failure to return the deposit to the purchaser when
the transaction was terminated.
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