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REVOCATIONS
2003-RE-052 - Michael Osborne (salesperson, 1st Allied Inc.). License
REVOKED and licensee FINED $31,500 for violation
of § 17-322(b)(3), (4), (22), (25), and (33), and COMAR
09.11.02.01C and 09.11.02.02A for embezzling $4,500 entrusted
to him by the buyer, for abandoning the transaction, for
failing to disclose material information to the buyer, and
for failing to act in the buyer's best interests. A Guaranty
Fund award in the amount of $4,221.84 was made as a result
of the actions of the licensee.
SUSPENSIONS
2003-RE-038 - Larry Brown (salesperson, Broker's Realty, LLC). License
SUSPENDED for 60 days and licensee FINED $7,500
for violation of § 17-322(b)(14)(ii), (25), (31), and (33),
§ 17-502, and COMAR 09.11.02.01H and 09.11.02.02A for failing
to submit trust monies to his broker, for failing to reduce
all financial agreements to writing, for failing to provide
copies of documents to the buyer, and for failing to act
in the best interests of his client. The licensee was also
ordered to complete 12 hours of continuing education, in
addition to the hours required for renewal, in four subject
areas: contract law, ethics, agency, and Veterans Administration
transactions. A Guaranty Fund award in the amount of $2,100
was made as a result of the conduct of the licensee.
2001-RE-249 - Curtis Laney (salesperson, Long & Foster
Real Estate, Inc.). License SUSPENDED for thirty days and
licensee FINED $1,000 for violation of § 17-322(b)(25) and
(33) and COMAR 09.11.02.01C and 09.11.02.02A for misleading
the buyer about the value of the property, the cost of repairing
it, and its rental value, for failing, as the seller of
the property, to provide a seller disclosure/disclaimer
statement, and for failing to record the land installment
contract in the land records.
REPRIMANDS AND FINES
2003-RE-369 - Marvin Van Den Heuvel (broker, Re/Max Chesapeake). Licensee
consented to a REPRIMAND, a FINE OF $1,000,
and completion of an additional course in rules or principles
of real estate agency for violation of § 17-530(d)(1)(ii)
for failing to assign an associate broker or salesperson
to represent the seller and another associate broker or
salesperson to represent the buyer while he was acting as
a dual agent for seller and buyer.
2003-RE-194 - Franklin S. Henderson (broker, Re/Max Associates). Licensee
consented to a REPRIMAND and a FINE OF $250.00
for violation of § 17-322(b)(25) and (33), and COMAR 09.11.01.16
and 09.11.02.01C for failing to respond to two separate
letters from the Commission directing him to respond in
writing to a complaint filed against a salesperson affiliated
with his brokerage.
2003-RE-189 - Ernest B. Vance (salesperson, Re/Max Sails, Inc.). Licensee
consented to a REPRIMAND, a FINE OF $500.00,
and completion of an additional course in ethics for violation
of § 17-322(b)(25) for accepting a check at settlement that
was made out to him and not to his broker.
2003-RE-168 - Margaret Elder (salesperson, Gerlach Real Estate, Inc.).
Licensee consented to a REPRIMAND, a FINE OF $500.00,
and completion of eight additional course hours in courses
related to the handling of trust monies and ethics for violation
of § 17-322(b)(4), (22), (25), (32), and (33), § 17-532(c)(1)(iii),
(v), and (vi), and COMAR 09.11.02.01C and H, and 09.11.02.02A
and B for failing to promptly submit deposit monies to the
broker, for failing to notify the listing agent or the sellers
that the deposit check had been returned for insufficient
funds, for entering into an agreement with the buyers to
provide a deposit check directly to the title company, for
failing to notify the listing agent, the sellers, or her
broker of this decision, and for failing to place the terms
of this decision in writing, expressing the exact agreement
of the parties.
2003-RE-153 - Leo A. Bruso (broker, Land & Commercial, Inc.). Licensee
consented to a REPRIMAND and a FINE OF $1,000
for violation of § 17-322(b)(25) (as to incompetency and
improper dealings) and (33) and COMAR 09.11.02.02A for failing
to obtain the signature of the buyer on a release, failing
to notify the sellers that he had not obtained the signature,
failing to advise the sellers that no deposit money had
been paid by the buyer, and for arranging for the buyer
to lease the property to a third party prior to settlement
without the knowledge or consent of the sellers. The licensee
also agreed to pay $5,000 to the claimants.
Jay R. Kern (salesperson, Land & Commercial,
Inc.). Licensee consented to a REPRIMAND, a
FINE OF $500.00, and completion of an additional
course in ethics for violation of § 17-322(b)(33)
and COMAR 09.11.02.02A for failing to notify the sellers
that the buyer had not paid the $5,000 deposit required
by the contract.
2002-RE-339 - Lona Bull (salesperson, Re/Max Classic). Licensee consented
to a REPRIMAND, a FINE OF $500.00, and completion
of an additional course in ethics for violation of COMAR
09.11.02.02A for removing and returning items from a listed
property without the prior written permission of the seller.
2002-RE-316 - Richard Peifer (salesperson, Re/Max Classic). Licensee
consented to a REPRIMAND for violation of § 17-322(b)(25)
and (33) and COMAR 09.11.02.01H for failing to have the
agreement of the sellers to pay for repairs to the home
put in writing in a transaction where he represented the
buyers. The licensee also agreed to reimburse the buyers
$3,000 for part of the cost of the repairs.
2002-RE-306 - Krystyna Litwin (salesperson, Long & Foster Real Estate).
Licensee consented to a REPRIMAND for violation
of § 17-322(b)(4) for failing to disclose information regarding
a possible septic tank problem. The licensee also agree
to pay the claimant $974.50.
2002-RE-186 - Sang Nguyen (salesperson, Evergreen Properties, Inc.).
Licensee REPRIMANDED and FINED $1,500 for
violation of § 17-301(a)(2), § 17-322(b)(5), § 17-601(b),
and § 17-602(b) for providing real estate brokerage services
after his license had expired, for misrepresenting his licensing
status, and for failing to keep track of his licensing renewal
requirements.
2002-RE-147 - Bess Lieberman (salesperson, O'Conor, Piper & Flynn
ERA). Licensee consented to a REPRIMAND and completion
of an additional course in ethics for violation of § 17-322(b)(4)
and (25)(as to improper dealings) for failing to disclose
to the buyer material facts related to the condition of
property that she owned and listed for sale, and for failing
to complete, in a timely manner, repairs to the property
that she had undertaken to make. The licensee also agreed
to pay $3,500 to the claimant.
2002-RE-037 - Donnie Barnes (salesperson, G.H. Johnson & Associates
Real Estate Services). Licensee consented to a REPRIMAND
for violation of § 17-322(b)(4), (14), (15), (25), and (33),
and COMAR 09.11.02.01C, D, and H, and 09.11.02.02A for allowing
prospective buyers to move into a home he had listed without
the consent of the seller, for failing to place in writing
a contract of sale, pre-occupancy agreement, or rental agreement
governing the rights and obligations of the prospective
buyers as tenants and residents of the property, for failing
to place an earnest money deposit into escrow, and for failing
to obtain a written release for the deposit money prior
to releasing it to the seller. The licensee also agreed
to pay $3,000 in restitution to the seller.
2001-RE-301 - Crystal Payne (salesperson, Re/Max One). Licensee
REPRIMANDED and FINED $1,000 for violation of
§ 17-322(b)(25) and (33), § 17-530(b)(1) and (4), § 17-534(b),
and COMAR 09.11.01.07 for failing to provide a written agency
disclosure to the seller, for failing to prepare a release
in a timely manner, for failing to keep and maintain records,
and for failing to return telephone calls from the seller.
2001-RE-259 - Timothy F. Geppert (broker, Geppert Real Estate). Licensee
REPRIMANDED and FINED $1,000 for violation
of § 17-322(b)(4), (25), and (33), and COMAR 09.11.02.02D
for failing to provide condominium documents to the buyer,
and for failing to notify the buyer in writing that he was
the owner of the property.
2001-RE-132 - Edward Spangler (salesperson, Coldwell Banker Grempler
Realty). Licensee REPRIMANDED for violation of §17-322(b)(30)
and § 17-530(d)(2) for failing to properly identify the
property for which dual agency was to apply.
2001-RE-088 - Sharon B. Taylor (broker, S. Taylor & Associates,
Inc.). Licensee consented to a REPRIMAND, a FINE
OF $2,500, and completion of an additional three hour
course in ethics for violation of § 17-322(b)(3), (25),
(32), and (33), § 17-530(d)(1)(I) and (ii), and COMAR 09.11.02.01C
and H, and 09.11.02.02A for personally representing both
buyers and sellers as a dual agent in a transaction, for
failing to assign intra-company dual agents to represent
the parties, and for drafting an amendment to the contract
that contained false information with regard to a familial
relationship between the parties.
FINES
2004-RE-027 - Leslie Radcliff (salesperson, Weichert Realtors). Licensee
consented to a FINE OF $500.00 for violation of
§ 17-322(b)(28) for failing to include the notice of the
buyer's right of selection in the contract of sale as required
by § 17-524.
2003-RE-331 - Jan Hernandez (broker, Casas Real Estate, Inc.). Licensee
consented to a FINE OF $500.00 for violation of
§ 17-601(b) for listing a property during the time period
in which her license had expired.
2003-RE-285 - Marva Boyd (salesperson, Re/Max One). Licensee consented
to a FINE OF $750.00 for violation of § 17-322(b)(25)
and (33), and COMAR 09.11.01.16 for failing to respond to
two separate letters from the Commission directing her to
respond in writing to a complaint filed against her.
2003-RE-280 - Dawn Ponsi-Miles (broker, Miles & Associates, LLC).
Licensee consented to a FINE OF $1,000 for violation
of § 17-322(b)(22), (25), and (33), § 17-505(a), § 17-530(c)
and (d)(1)(i) and (ii), and COMAR 09.11.02.01H for acting
as a dual agent in a transaction without obtaining written
consent from the parties and without assigning separate
agents to represent each of the parties as intra-company
agents, for failing to provide a release signed by the sellers
to the buyers for their signature, and for releasing the
deposit money from her escrow account without a release
signed by both parties.
2003-RE-238 and 2003-RE-070 - Mark D. Blunt (salesperson, Re/Max One).
Licensee FINED $25,000 for violation of § 17-322(b)(3),
(4), (21), (22), (24), (25), (31), (32), and (33), § 17-502,
§ 17-530, § 17-532, COMAR 09.11.01.07, 09.11.02.01C, D,
F, and H, and 09.11.02.02A for making multiple false statements
to the parties to the sale about the status of the transaction,
for failing to turn the deposit money over to his broker,
for failing to provide the broker with a copy of the contract,
for failing to return the deposit to the buyers, and for
a misdemeanor theft conviction relating to this transaction.
A Guaranty Fund award in the amount of $5,442.72 was made
as a result of the conduct of the licensee in Case No. 2003-RE-070
and in the amount of $516.00 in Case No. 2003-RE-238.
2003-RE-232 - Anibal Gonzalez, Jr. (salesperson, Century 21 American
Patriot Realty). Licensee consented to a FINE OF $500.00
for violation of COMAR 09.11.02.02A for allowing the buyers
to place some of their personal possessions into the property
without prior written permission from the seller.
2003-RE-204 - Alvin Q. Porch, Jr. (salesperson, Long & Foster Real
Estate, Inc.). Licensee consented to a FINE OF $1,000
for violation of § 17-322(b)(25) for retaining an unlicensed
home improvement contractor to perform repairs to the property
that were required to be performed prior to settlement,
and for assuring the buyer that the contractor was licensed
as stipulated in an addendum to the contract. The licensee
also agreed to pay $2,000 to the claimant.
2003-RE-187 - Abiodun Olorunwunmi (broker, Michaels Realty, Inc.) Licensee
consented to a FINE OF $5,000 for violation of §
17-320(a)(2) and (c), § 17-322(b)(27), (32), and (33), and
§ 17-603(b), and COMAR 09.11.05.02 for allowing an unlicensed
individual to provide real estate brokerage services through
his brokerage and for failing to provide reasonable and
adequate supervision.
2003-RE-078 - Stephen Malloy, (salesperson, Century 21/Horizon Realty,
Inc.). Licensee consented to a FINE OF $250.00 for violation
of § 17-601(b) for providing real estate brokerage services
after his license had expired.
2003-RE-065 - Mark D. Blunt (salesperson, Re/Max One). Licensee
FINED $10,000 for violation of § 17-322(b)(22), (25),
(31), and (33), § 17-502, and COMAR 09.11.02.01C and 09.11.02.02A
for failing to account for the deposit money given to him
by the buyer, for failing to turn that money over to his
broker, for failing to turn the contract in to his broker,
for making false statements to the buyer with regard to
the seller's willingness to perform repairs, and for failing
to return the deposit to the buyer as he promised to do.
A Guaranty Fund award in the amount of $1,400 was made as
a result of the conduct of the licensee.
2003-RE-063 - Lindell Eagan (salesperson, Long & Foster Real Estate,
Inc.). Licensee consented to a FINE OF $250.00 and
completion of an additional course in rules or principles
of real estate agency for violation of § 17-530(c) and (d)(1)(ii)
for acting as an agent for both sellers and buyers while
being designated as an intra-company agent by the broker.
Valerie Hoelz (salesperson, Long & Foster Real
Estate, Inc.). Licensee consented to a FINE OF
$250.00 and completion of an additional course
in rules or principles of real estate agency for failing
to insure that the buyers were represented by an intra-company
agent in a real estate transaction.
2003-RE-043 - Deborah Walsh (salesperson, Glen Falls Realty). Licensee
consented to a FINE OF $500.00 for violation of
§ 17-322(b)(25) (as to improper dealings) for failing to
submit a contract to the sellers in a timely manner while
acting as the listing agent in the transaction.
2002-RE-316 - Lennox Lloyd (salesperson, Century 21 Anthony Gavern Realtors).
Licensee consented to a FINE OF $500.00 for violation
of § 17-322(b)(33) and COMAR 09.11.02.01H for failing to
reduce to writing the sellers' agreement to pay for the
costs of repairing a leak in the basement of the house.
2002-RE-312 - Jean M. Bousigard (salesperson, Fairfax Realty). Licensee
FINED $2,000 for violation of § 17-322(b)(25) and
(33), and COMAR 09.11.01.16 and 09.11.02.01H for failing
to advise the buyer that the property was subject to condominium
fees, for failing to reduce to writing her promise to make
certain repairs to the property after settlement and to
pay the first year condominium fee, for failing to honor
those commitments, and for failing to respond to the Commission's
request for a response to the complaint. A Guaranty Fund
award in the amount of $2,080 was made as a result of the
conduct of the licensee.
2002-RE-240 - Michael M. Crawford (salesperson, Realty Executives/2000).
Licensee consented to a FINE OF $4,000 and completion
of an additional course in ethics for violation of § 17-322(b)(33)
and COMAR 09.11.02.02A for failing to place in writing the
full agreement as related to the earnest money deposit and
for failing to ensure that all necessary contractual documents
were given to the settlement officer. The licensee also
agreed to pay $5,000 to the claimant.
2002-RE-215 - Michael Schiavone (salesperson, Atlas Realty, Inc.). Licensee
FINED $750.00 for violation of § 17-322(b)(25) (as
to improper dealings) and (33), and COMAR 09.11.01.12 and
09.11.02.01H for offering a property for sale without a
written listing agreement and for failing to reduce a financial
agreement regarding the property to writing.
2002-RE-129 - Ellen Carroll (salesperson, Coldwell Banker, Ridgeway
Realty). Licensee consented to a FINE OF $500.00
for violation of COMAR 09.11.02.01H for failing to reduce
to writing an agreement with regard to the form of a deposit.
2001-RE-286 - Melvin D. Pitt (salesperson, Re/Max One). Licensee consented
to a FINE OF $500.00 for violation of § 17-322(b)(22),
(25), and (33), and COMAR 09.11.01.07, 09.11.02.01C, and
09.11.02.02A for failing to insure that the deposit was
deposited promptly, for failing to respond in a timely fashion
to contacts by the listing agent and the buyer, for failing
to provide documents in a timely fashion, for failing to
provide a copy of their representation agreement to the
buyer, and for failing to maintain adequate records of the
transaction. The licensee also agree to reimburse the claimant $1,000.
2001-RE-242 - Frank Leone (salesperson, Kay Dietz Real Estate, Inc.).
Licensee consented to a FINE OF $1,000 and completion
of an additional three-hour course in ethics for violation
of § 17-322(b)(30) for failing to make the proper agency
disclosures and for failing to provide the required agency
disclosure form. The licensee also agreed to pay $1,500
to the claimant.
2001-RE-233 - Rachel DeHanas (salesperson, Re/Max 100 Real Estate).
Licensee consented to a FINE OF $500.00 for violation
of COMAR 09.11.02.01H for failing to insure that the agreement
of the parties with regard to the form of the deposit was
in writing.
2000-RE-142 - William Beam (broker, Beam Realty Group, Inc.). Licensee
consented to a FINE OF $8,000 for violation of §
17-322(b)(4), (25), and (33), and COMAR 09.11.02.01C and
D, and 09.11.02.02A for failing to disclose to the buyer
that the sellers did not own the property at the time the
contract was signed, and for designating himself as the
listing agent for the property when he had no listing contract
authorizing him to act on the sellers' behalf.
GUARANTY FUND ONLY
2003-RE-176 - Edward Gutridge (broker, Leading Edge Realty). A Guaranty
Fund payout in the amount of $5,902.50 was made as a result
of the licensee's failure to remit rental payments to the
property owners as required under the property management
agreement, failure to pay condominium fees after deducting
the fees from monies paid to the owners, and failure to
return the security deposit to the owners after the termination
of the management agreement.
LICENSE DENIAL
2005-RE-261 - Application for license renewal denied based on applicant's
2002 conviction for aiding and abetting in the laundering
of monetary instruments.
(The affiliation listed is that of the licensee at the time of the violation.)
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