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REVOCATIONS
2002-RE-031 - Anthony J. Matrona (timeshare broker, Ocean
City Coconut Malorie Resort, Inc.) consented to REVOCATION
of his timeshare broker and real estate broker's
licenses and SUSPENSION of his associate broker's
license for thirty days and a FINE of $15,000 for
violating, or allowing others under his supervision to violate,
Sections 17-320(a) and (c), 17-322(b)(21), (23), (25), (27),
(32) and (33), 17-601(b), 17-603(b) and (c), and 17-604(a)
and COMAR 09.11.01.07, .02.02A and .05.02 by allowing unlicensed
individuals to participate in the sales of timeshare units
and to receive commissions for sales of those units, by
failing to exercise reasonable and adequate supervision
over the unlicensed individuals involved in the timeshare
sales, and by failing to maintain adequate records of the
escrow accounts for the Resort and the Condominium.
99-RE-260 - Jane Gardner Birch (associate broker, the Floyd
Company) REVOKED and FINED $5,000 for violation
of Section 17-322(b)(3), (22), (25) and (33) and COMAR 09.11.02.01C
and .02.02A for failing to remit to the owner rent monies
received under a property management agreement, for making
unauthorized withdrawals from the property management account
to use for personal expenses, and for forging the owner's
name in cashing a check. A Guaranty Fund payout in the amount
of $7,987.40 was made as a result of the conduct of the licensee.
99-RE-069 - Jose Carrillo (former salesperson, Century
21 Ampro Realty) REVOKED and FINED $8,000
for violation of Sections 17-322(b)(22), (23), (25) and
(32) and 17-502(a) for diverting monies intended by the
buyer for the purchase of property to himself, for failing
to account to the broker or the buyer for monies that came
into his possession from the buyer, and for altering the
name of a payee on a check to divert the monies to himself.
A Guaranty Fund payout in the amount of $891 was made as
a result of the conduct of the licensee.
SUSPENSIONS
2000-RE-166 - Susan Buckingham (former salesperson, H.O.M.E.,
Inc.) SUSPENDED for thirty days and FINED
$8,000 for violation of Section 17-322(b)(22), (25), and
(33) and COMAR 09.11.01.07 and .02.01 for failing to promptly
remit rent monies to the agent for the owner of the property,
for signing a check backed by insufficient funds in connection
with the rent monies, for failing to respond to inquiries
from the parties and the Commission with regard to the unpaid
rent monies, for failing to maintain adequate records of
the transaction, and for intermingling trust monies. A Guaranty
Fund payout in the amount of $2,245 was made as a result
of the conduct of the licensee.
2000-RE-127 - Byron 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 Section
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 closing costs for which they
would be responsible, for failing to timely disclose to
the sellers, buyers, and the title company that the second
mortgage which had to be paid off before settlement had
not been taken care of as he had promised, for failing to
see that all financial obligations and commitments were
in writing and placed in the hands of all parties, and for
failing to promote and protect the interests of his client.
A Guaranty Fund payout in the amount of $5,100 was made
as a result of the conduct of the licensee.
99-RE-123 - Ruben Romero (salesperson, Re/Max Pros Realty)
SUSPENDED for ninety days and FINED $4,500
for violation of Sections 17-322(b)(3) and (25) and
17-530(b)(5)(iv) and COMAR 09.11.02.01H and .02.02A for
misrepresenting to the buyers that the sellers would be
responsible for making repairs to the property, for failing
to protect the interests of the buyers, for failing to adequately
represent the buyers or the sellers by not advising either
party that the other wanted to terminate the transaction,
and for failing to see that all financial obligations regarding
the transaction were in writing. A Guaranty Fund payout
in the amount of $3,000 was made as a result of the conduct
of the licensee.
99-RE-043 - Susan G. Knisley and Cynthia S. Jones (salespersons,
Robison and Skidmore Professional Real Estate Services)
each SUSPENDED for five days and FINED $1,000
for violation of Section 17-322(b)(4), (25) and (33) and
COMAR 09.11.02.01A, C and D and .02.02J 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 or disclaimer
statement was provided to the purchasers. A Guaranty Fund
payout in the amount of $21,901.16 was made as a result
of the conduct of the licensees.
98-RE-311 - Charles D. Martin (salesperson, McNair Realty)
SUSPENDED for thirty days and FINED $1,500
for violation of Section 17-322(b)(25) and (33) and COMAR
09.11.02.01C for failing to verify the buyer's financial
information after the deposit check and the check for the
appraisal had bounced, and failing to instruct the buyer
to replace the dishonored check with certified funds.
- William H. Edwards (salesperson, Real Estate Executives/2000)
SUSPENDED for thirty 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 .02.02A for failing to advise
the sellers that the deposit check had bounced and allowing
them to leave their home and move their possessions to Florida
on the belief that settlement would take place, and for
failing to protect the interests of the sellers. A Guaranty
Fund payout in the amount of $20,000 was made as a result
of the conduct of the licensee.
98-RE-176 - Bradley Reter (salesperson, O'Conor, Piper
& Flynn) SUSPENDED for seven days and FINED
$2,000 for violation of Section 17-322(b)(3), (25) and
(33) and COMAR 09.11.02.02A for misrepresenting to the purchasers
their rights under an inspection addendum, for failing to
advise the purchasers that they could choose their own inspection
company, for failing to advise the purchasers of his status
as a listing agent, and for failure to provide an agency
disclosure form to the purchasers. A Guaranty Fund payout
in the amount of $8,165 was made as a result of the conduct
of the licensee.
REPRIMANDS
2001-RE-016 - Matthew J. Strickland (former salesperson,
5% Realty Company, Ltd. t/a The Real Estate Centre) consented
to a REPRIMAND and a FINE of $2000 for violation
of COMAR 09.11.02.01A.
2000-RE-375 - Mark Northup (broker, Northup Real Estate)
consented to a REPRIMAND and a FINE of $500
for violation of COMAR 09.11.02.01C.
2000-RE-195 - Paul Flaherty (broker, Flaherty Realtors,
Inc.) REPRIMANDED and FINED $500 for violation
of Section 17-322(b)(33) and COMAR 09.11.02.02A for failing
to provide the owners with a final accounting as provided
for in the property management agreement.
- Dawn Flaherty (former salesperson, Flaherty Realtors,
Inc.) FINED $500 for violation of Section 17-322(b)(33)
and COMAR 09.11.02.02A for failing to provide the owners
with a final accounting as provided for in the property
management agreement.
2000-RE-168 - Sidney Nazelrod (broker, Keller Stonebreaker
Real Estate) consented to a REPRIMAND and a FINE
of $750 for violation of Sections 17-322(b)(25), (30) and
(33), 17-530(b)(1) and (c), and 17-533(e) and (f)(1) and
(2) and COMAR 09.11.02.01H and .02A for failing to provide
a written agency disclosure form, for failing to set out
the obligation to pay for the sewer hookup in either the
contract or the addendum, and for failing to have all parties
to the contract sign and date the contract and the addendum.
2000-RE-097 - Lucille Ridlon (broker, Summit Property Management)
consented to a REPRIMAND for violation of COMAR 09.11.02.01H
for failing to see that all financial obligations and commitments
were in writing. The licensee also agreed to pay $1,080
to the claimant.
2000-RE-056 - Susan Buckingham (salesperson, Housing Opportunity
Management, Etc., Inc. AHOME, Inc.@) REPRIMANDED
and FINED $2,500 for violation of Section 17-322(b)(22),
(25) and (33) and COMAR 09.11.01.07 and .02.01C for failing
to account for or remit promptly to the owner a security
deposit pursuant to a lease agreement and for failing to
maintain records of the transaction.
99-RE-325 - Colin Mapp (salesperson, Re/Max Professionals)
consented to a REPRIMAND and a FINE of $2,000
for violation of COMAR 09.11.02.01C for failing to cooperate
with the Commission investigator.
99-RE-154 - Ronald Golansky (salesperson, Re/Max 1000)
REPRIMANDED and FINED $500 for violation of
Section 17-322(b)(25) and (33) and COMAR 09.11.02.02J for
failing to insure that the buyers received a disclosure
or disclaimer statement, thereby jeopardizing the seller's
interests.
99-RE-209 - Cathy Holliday (salesperson, Realty Executives/2000)
consented to a REPRIMAND for violation of Section
17-322(b)(25). The licensee also agreed to pay the sum of
$10,000 to the claimants.
FINES
2002-RE-038 - Ocean City Coconut Malorie Resort, Inc. consented
to a FINE of $30,000 to resolve a complaint that
unlicensed individuals toured prospective purchasers through
timeshare units and were paid commissions when the units
they showed were sold, that timeshare deeds were not recorded
in a timely manner, that information regarding change of
ownership of the project was not provided to the Commission,
and that the new owner did not file required annual reports
with the Commission.
2000-RE-325 - Charles Hayes (broker, Hayes Real Estate)
consented to a FINE of $1,000 for violation of COMAR
09.11.02.01D. The licensee also agreed to pay the claimant
$2,600.
2000-RE-214 - William H. Wells (salesperson, Re/Max One)
consented to a FINE of $500 for violation of COMAR
09.11.02.02A.
2000-RE-166 - Terrence Hyde (former salesperson, H.O.M.E.,
Inc.) FINED $6,000 for violation of '17-322(b)(22),
(25) and (33) and COMAR 09.11.02.01C for failing to promptly
remit rent monies to the agent for the owner of the property
after receiving checks for that purpose from the tenant,
and for failing to respond to inquiries from the parties
and the Commission with regard to the unpaid rent monies.
A Guaranty Fund payout in the amount of $2,245 was made
as a result of the conduct of the licensee.
2000-RE-062 - Vito Simone (broker, Tenant Buyer Homes,
LLC) FINED $500 for violation of '17-322(b)(25) for
failing to list a property for sale on the date agreed upon
by the parties.
99-RE-227 - Lawrence Polakoff (broker, Buyer's Choice Realty,
LLC) consented to a FINE of $1,000 for violation
of '17-322(b)(33) and 17-507 and COMAR 09.11.01.07 and .01.13
for failing to maintain records of a real estate transaction
in the broker's office.
99-RE-171 - Hayat M. Nasser (former broker, Professional
Property Management, Inc.) FINED $8,000 for violation
of ' 17-322(b)(22), (25) and (33) and COMAR 09.11.01.07
and .02.01C for failing to account for monies received under
a property management agreement, for failing to remit net
rental proceeds to the owner, for submitting fictitious
and fraudulent records to the owner's representative, and
for failing to maintain correct records of real estate transactions.
- 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 remit or account for monies received under
a property management agreement and for submitting false
and fraudulent records to the owner's representative. A
Guaranty Fund payout in the amount of $168,426.46 was made
as a result of the conduct of the licensees.
98-RE-353 - James Bimstefer (salesperson, Re/Max Columbia)
FINED $2,500 for violation of ' 17-322(b)(3), (4),
(25) and (33) and COMAR 09.11.02.01D for intentionally failing
to reveal the details of the conditions and restrictions
on the property until after settlement.
APPLICATIONS DENIED
2002-RE-193 - Application of Alfred Muller for salesperson's
license DENIED based on conviction for misdemeanor sex abuse.
2002-RE-011 - Application of Wen Hwa (Catherine) Hsu for
real estate broker license DENIED based on use of
unauthorized reference materials during the licensing exam.
GUARANTY FUND ONLY
2001-RE-287 - Carol Glanville (former broker, A-1 Properties).
A Guaranty Fund payout in the amount of $1040 was made as
a result of the licensee's failure to remit to the owner
monies owed under a property management agreement.
2001-RE-226 - Carol Glanville (former broker, A-1 Properties).
A Guaranty Fund payout in the amount of $800 was made as
a result of the licensee's failure to remit to the owner
monies owed under a property management agreement.
2001-RE-168 - Carol Glanville (former broker, A-1 Properties).
A Guaranty Fund payout in the amount of $1400 was made as
a result of the licensee's failure to remit to the owner
monies owed under a property management agreement.
2000-RE-148 - Robert N. Cowan (former broker, Cowan &
Associates Property Management). A Guaranty Fund payout
in the amount of $1,425.60 was made as a result of the licensee's
failure to remit to the owner the security deposit held
under a property management agreement.
99-RE-266 - Robert N. Cowan (former broker, Cowan &
Associates Property Management). A Guaranty Fund payout
in the amount of $9,841 was made as a result of the licensee's
failure to remit to the owner rental income received under
a property management agreement.
99-RE-227 - Kenneth Raftery (former salesperson, Buyer's
Choice Realty, LLC). A Guaranty Fund payout in the amount
of $13,176 was made as a result of the licensee's misrepresentations
regarding the existence of lead-based paint in the property.
99-RE-105 - John David Bowers (former broker, Gray-Kessinger
Company Sales, Inc.). A Guaranty Fund payout in the amount
of $6,650 was made as a result of the licensee's failure
to remit to the owner rental income and a security deposit
received under a property management agreement.
98-RE-412 - Melvin Baker (former associate broker, Anne
Arundel Properties, Inc.). A Guaranty Fund payout in the
amount of $2000 was made as a result of the licensee's failure
to return a security deposit which he obtained by misrepresenting
his status as an owner of the property.
98-RE-156 - Melvin Baker (former associate broker, Anne
Arundel Properties, Inc.). A Guaranty Fund payout in the
amount of $5,402.25 was made as a result of the licensee's
failure to remit to the owners of the property monies he
received under a property management agreement.
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