|
REVOCATIONS
2004-RE-293 - D'Nettra D. Mercer (salesperson, Weichert Realtors and
Century 21/AAA Realty, Ltd.). License REVOKED and
licensee FINED $5,000 for violation of § 17-322(b)(3)
and (25), and COMAR 09.11.02.01C for providing false and
misleading information in a lease application, for immediately
defaulting on the lease, and for providing false information
to the Commission investigator.
2002-RE-172 - William J. Peterson (salesperson, W.F. Chesley Real Estate,
Inc. and O'Conor, Piper & Flynn). License REVOKED
and licensee FINED $40,000 for violation of § 17-322(b)(3),
(4), (19), (21), (25), (31), and (33), and § 17-502(a),
and COMAR 09.11.02.01C, D, F, and H, and 09.11.02.02A for
leading the buyer to believe that he had purchased property
while failing to disclose that the property belonged to
a third party who was facing foreclosure, for taking deposit
money from the buyer and failing to place that money in
trust, for failing to give the buyer a written contract
memorializing the agreement, and for failing to make payments
on the existing mortgage as promised to the owner. A Guaranty
Fund award in the amount of $9,900 was made as a result
of the conduct of the licensee.
SUSPENSIONS
2001-RE-129 - Akin Adebayo (salesperson, Michaels Realty, Inc. and Golden
Arrow Real Estate, Inc.). License SUSPENDED for
four months and licensee FINED $3,000 for violation
of § 17-322(b)(3), (4), (22), (25), (32), and (33), and
COMAR 09.11.01.07, 09.11.02.01C, D, and H and 09.11.02.02A
for misrepresenting to the buyer the true ownership status
of the property, for allowing the buyer to sign a contract
for property owned by a third party at a time when the offer
to purchase had expired, for failing to properly account
for the deposit, for failing to reduce the agreement of
the parties to writing, and for failing to maintain adequate
records of the transaction.
2003-RE-285 - Beecher Brown (salesperson, Century 21/Associates &
Johnson, LLC). License SUSPENDED for 60 days and
licensee FINED $3,000 for violation of § 17-322(b)(25)
and (33), and COMAR 09.11.02.02A for submitting an incomplete
sales contract on behalf of the buyer, for failing to maintain
contact with the buyer, the listing agent, or the lender,
and for failing to timely prepare a release agreement.
2001-RE-145 - Yu Fan (broker, BMI). License SUSPENDED for 60
days and licensee FINED $2,000 for violation of
§ 17-322(b)(3), (8), (15), (25), and (33) for failing to
honor her promise to reimburse the buyer for certain upfront
monies if the contract did not go through, for promising
the buyer that she would receive a certain profit if she
bought the lot and then resold it, and for failing to keep
copies of the listing and sales contracts. Licensee was
also ordered to complete a three hour ethics course in addition
to the course hours required for license renewal. A Guaranty
Fund award in the amount of $6,000 was made as a result
of the conduct of the licensee.
2004-RE-274 and 2004-RE-255 - Cornell Garrison (salesperson, Michaels
Realty, Inc. and Metro Real Estate). Licensee agreed to
a SUSPENSION of his license for 60 days and a
FINE OF $1,000 for violation of § 17-322(b)(3), (22),
(25), (32), and (33), § 17-532(c)(1)(v), and COMAR 09.11.02.01C
and H in 2004-RE-274, and § 17-322(b)(3), (22), (25), (31),
(32), and (33), § 17-502(a), and § 17-532(c)(1)(v), and
COMAR 09.11.02.01C, F, and H, and 09.11.02.02A in 2004-RE-255
for failing to account for trust monies, for issuing checks
covered by insufficient funds, and for failing to promptly
return deposit monies.
2002-RE-208 - Edward Sauerhoff (salesperson, Ballpark Realty). License
SUSPENDED for 30 days and licensee FINED
$5,000 for violation of § 17-322(b)(4), (25), (32), and
(33), § 17-530(c) and (d)(1)(i) and (ii), and COMAR 09.11.02.01C
and D, and 09.11.02.02A for representing both seller and
buyer in the transaction in a purported dual agency, for
failing to disclose material facts about the condition of
the property to the buyer, and for telling the buyer that
a home inspection would be a waste of money and advising
him to waive the inspection clause in the contract. Licensee
was also ordered to complete 12 hours of continuing education
including two three-hour courses in agency and two three-hour
courses in contracts.
2003-RE-058 - Marvin Weathersby (broker, Weathersby & Associates
Real Estate Services). License SUSPENDED for 10
days and licensee FINED $2,000 for violation of
§ 17-322(b)(3), (22), and (25) and § 17-532(c)(iv) and (v)
for failing to make the repairs to the property that he
had promised the buyer he would perform, for failing to
respond to the buyer's inquiries about the status of the
repairs, for failing to account for the monies given him
by the seller to cover the cost of the repairs and the cost
of a home warranty, for failing to purchase the home owner's
warranty as he was directed to do, and for failing to protect
the interests of his client. A Guaranty Fund award in the
amount of $590.45 was made as a result of the conduct of
the licensee.
REPRIMANDS AND FINES
2004-RE-113 - John W. Cairnes (broker, John W. Cairnes Realty Company).
Licensee agreed to a REPRIMAND and a FINE
of $5,000 for violation of § 17-322(b)(3), (4), (6), (25),
(32), and (33), § 17-530(c) and (d)(1)(ii), § 17-532(c)(1)(iii),
(iv), and (vi), and COMAR 09.11.0201B, C, and D, and 09.11.02.02A
for representing both buyers and sellers in the transaction,
for giving the buyers incorrect information regarding the
appraised value of the property, for failing to provide
the buyers with a copy of the appraisal until several weeks
after settlement, and for failing to insure that licensed
home improvement contractors were used to perform the repairs
required under an addendum to the contract.
2003-RE-114 - Phyllis Jean Cipriano (salesperson, RE/MAX Allegiance).
Licensee agreed to a REPRIMAND and a FINE
of $2,000 for violation of § 17-604(a) for paying commissions
to an unlicensed person. The licensee also agreed to complete
3 hours of continuing education in the subject of ethics,
in addition to the course hours required for license renewal.
2003-RE-235 - Joanne McCarthy (salesperson, Long & Foster Real Estate).
Licensee agreed to a REPRIMAND and a FINE
of $500.00 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 buyers that one of the sellers had filed
for bankruptcy prior to the listing of the property even
though she was aware of this fact. The licensee also agreed
to pay $508.25 to the claimant.
2004-RE-053 - Dion A. Rainey (salesperson, RE/MAX Professionals). Licensee
REPRIMANDED and FINED $1,000 for violation
of § 17-322(b)(4), (25), (32), and (33) and COMAR 09.11.02.01C
and D for failing to disclose to the buyer the condition
of the HVAC system, for failing to assure that specified
repairs had been made prior to settlement, and for recommending
to the seller a contractor who was not licensed by the Maryland
Home Improvement Commission. A Guaranty Fund award in the
amount of $4,805.97 was made as a result of the conduct
of the licensee.
2003-RE-050 - Terrance M. Rosales (salesperson, Fairfax Realty, Inc.).
Licensee REPRIMANDED and FINED $4,000 for
violation of § 17-322(b)(3), (25), and (33) and COMAR 09.11.02.01C
and H and 09.11.02.02A for willfully misrepresenting the
terms of the buyer-broker agreement to the buyer, for improperly
submitting hourly billing statements to the buyer, for failing
to return the full amount of the deposit to the buyer, for
failing to reduce all financial agreements to writing, and
for failing to protect and promote the interests of his
client.
FINES
2003-RE-246 - Daniel Chanteloup (salesperson, Champion Realty, Inc.).
Licensee consented to a FINE of $1,000 for violation
of § 17-322(b)(4) and (33) and COMAR 09.11.02.01D for
failing to disclose to the buyer a pending foreclosure
of the property, after receipt of assurances from the
seller that the foreclosure had been stayed. The licensee
also agreed to complete 3 hours of continuing education
in the principles of contract preparation and 3 hours
in professional ethics, in addition to the course hours
required for license renewal.
2002-RE-245 - Mark Dantzler (salesperson, RE/MAX Realty Group). Licensee
consented to a FINE of $1,000 for violation of
§ 17-322(b)(14) and COMAR 09.11.02.01H for failing to
keep a copy of the contract of sale, and for failing to
see that all financial obligations of the parties were
in writing, expressing the exact agreement of the parties.
The licensee also agreed to pay $7,000 to the claimants.
2003-RE-265 - Sylvia Davis-Stuckey (salesperson, RE/MAX Colonial Homes,
Inc.). Licensee FINED $10,000 for violation of
§ 17-322(b)(3), (25), and (33), and COMAR 09.11.02.01C
and H, and 09.11.02.02A for misrepresenting to the seller
his rights with regard to the sale of the property, for
purporting to enter into an agreement to pay the mortgage
on his property without the ability to do so, and without
the proper documentation, for giving the seller a check
which she knew was not backed by sufficient funds, for
failing to protect the interests of her client, and for
failing to reduce the agreement of the parties to a signed,
written document. A Guaranty Fund award of $3,185.35 was
made as a result of the conduct of the licensee.
2003-RE-228 - Sylvia Davis-Stuckey (salesperson, RE/MAX Colonial Homes,
Inc.). Licensee was FINED $10,000 for violation
of § 17-322(b)(3), (25), and (33) and, COMAR 09.11.02.01C
and H, and 09.11.02.02A for failing to reduce all financial
agreements to writing, for causing the seller to sign
blank sheets of paper for the licensee's future use, for
allowing the buyers to occupy the property prior to settlement
without any agreement as to rent, for improperly reducing
the amount she had promised to pay the seller under a
refund agreement, and for using a company in which she
had an interest to perform unauthorized repairs to the
property and charging the seller for that work. A Guaranty
Fund award of $3,747.50 was made as a result of the conduct
of the licensee.
2003-RE-341 - Wendy Firebaugh (salesperson, RE/Max 100 Real Estate,
Inc.). Licensee agreed to a FINE of $500.00 for
violation of § 17-322(b)(25)(as to improper dealings)
and (33) and COMAR 09.11.02.02A and I and 09.11.07.02C
for failing to ensure that a copy of the sellers' disclosure/disclaimer
form was provided to the buyers.
2005-RE-046 - Glorietta Germany (broker, Germany & Associates
Realtors). Licensee agreed to a FINE of $500.00
for violation of § 17-322(b)(22) and (25) (as to improper
dealings) and § 17-502(a) for failing to deposit the buyers'
deposit check in her agency's trust account.
2004-RE-079 - Thanh Hoang (salesperson, First Call Realtors). Licensee
FINED $5,000 for violation of § 17-322(b)(3),
(4), (25), (32), and (33), and § 17-532, and COMAR 09.11.02.01C
for misrepresenting the status of repairs he had agreed
to make as seller on the house for which he was also the
listing agent, for failing to disclose to the buyers the
water drainage problem in the yard, and for making a false
statement to the buyers in explanation of the water in
the basement. A Guaranty Fund award in the amount of $988
was made as a result of the conduct of the licensee.
2004-RE-188 - Michael Osborne (salesperson, Advance Realty, Inc.).
Licensee FINED $30,000 for violation of § 17-322(b)(3),
(22), (25), (32), and (33), § 17-532(c)(1)(iv) and (v),
and COMAR 09.11.02.01C and 09.11.02.02A for failing to
account for monies that he obtained from seller/clients,
for failing to repay the monies as promised, for giving
checks on a non-existent account in purported payment,
and for converting the clients' funds to his own use.
A Guaranty Fund award in the amount of $15,162 was made
as a result of the conduct of the licensee.
2004-RE-187 - Michael Osborne (salesperson, Advance Realty, Inc.).
Licensee FINED $30,000 for violation of § 17-322(b)(3),
(22), (25), (32), and (33), § 17-532(c)(1)(iv) and (v),
and COMAR 09.11.02.01C and 09.11.02.02A for failing to
account for monies that he obtained from a seller/client,
for failing to repay the monies as promised, for giving
a check on a non-existent account in purported payment,
and for converting the client's funds to his own use.
A Guaranty Fund award in the amount of $4,607 was made
as a result of the conduct of the licensee.
2004-RE-107 - Michael Osborne (salesperson, Advance Realty, Inc.).
Licensee FINED $35,000 for violation of § 17-322(b)(3),
(4), (22), (25), (32), and (33), § 17-530, § 17-532(c)(1)(iv)
and (v), and COMAR 09.11.02.01C and 09.11.02.02A for failing
to account for the monies given to him by the buyers for
settlement costs, for misrepresenting the transaction
to both the sellers and the buyers, for advising the sellers
and the buyers that settlement would take place when he
knew that the transaction was a nullity, and for representing
both parties in the transaction
2004-RE-117 - Gary Ozbenian (salesperson, RE/MAX Premiere Selections).
Licensee agreed to a FINE of $5,000 for violation
of § 17-322(b)(6), (25), (32), and (33), § 17-530(c) and
(d)(1)(ii), § 17-532(c)(1)(ii)(3) and (vi), and COMAR
09.11.02.01C and D, and 09.11.02.02A for failing to include
the co-owners on the contract of sale and related documents,
for representing both buyers and sellers in the transaction,
for failing to arrange for his broker to designate an
intra-company agent for one of the parties, and for failing
to present all offers to the sellers.
2004-RE-062 - Jean Daniel Paisible (salesperson, Fairfax Realty, Inc.).
Licensee agreed to a FINE of $1,500 for violation
of § 17-322(b)(25) (as to improper dealings) and COMAR
09.11.02.01C for signing the prospective buyer's name
to a power of attorney document without specific authority
from the buyer to sign that document. The licensee also
agreed to pay the claimant $6,716.00.
2003-RE-187 - Roger Pierre (unlicensed salesperson). Mr. Pierre consented
to a FINE of $8,000 for violation of §§ 17-301(a)(2),
17-322(b)(25)(as to improper dealings), (32), and (33),
17-601(b), and 17-602(b) for providing real estate brokerage
services before becoming licensed, and for misrepresenting
his licensing status.
Adiodun Olorunwunmi (broker, Michaels Realty, Inc.) 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
failing to provide reasonable and adequate supervision,
for allowing an unlicensed individual to provide real
estate brokerage services through his brokerage, and for
failing to insure that an individual became licensed prior
to providing real estate brokerage services.
2004-RE-097 - Kenneth E. Rice, Sr. (salesperson, Allen Realty, Inc.).
Licensee agreed to a FINE of $500.00 for violation
of § 17-601(b) for providing real estate brokerage services
after his license had expired.
2005-RE-076 - Mercedes Rivera (salesperson, RE/MAX Advantage Realty).
Licensee agreed to a FINE of $500.00 for violation
of § 17-502 for failing to disclose to the listing agent
that the buyer's deposit check had been returned for insufficient
funds and that she had not received the funds for the
deposit.
2004-RE-345 Doris Roggenkamp (salesperson, RE/MAX 100). Licensee agreed
to a FINE of $1,000 for violation of § 17-530(c)
for acting as a dual agent for both sellers and buyer
in a transaction, and for failing to arrange for her broker
to designate an intra-company agent to represent one of
the parties.
2004-RE-098 - Alan Schweizer (salesperson, Patterson, Price &
Associates). Licensee agreed to a FINE of $1,000
for violation of § 17-322(b)(32) and § 17-601(b) for providing
real estate brokerage services after his license had expired.
William Patterson (broker, Patterson, Price &
Associates). Licensee agreed to a FINE of $1,500 for violation of § 17-322(b)(32) and § 17-604
for paying a commission for real estate brokerage services to an unlicensed individual.
2005-RE-421 - Vicky Mae Stone (broker, Valu Realty). Licensee agreed
to a FINE of $1,000 for violation of § 17-530(d)(1)(ii)
for representing the seller and the buyer in a transaction
and for failing to ensure that an intra-company agent
was assigned for one of the parties. The licensee also
agreed to complete a course in rules or principles of
real estate agency, in addition to the course hours required
for license renewal.
2003-RE-354 - Judy Woodbury (salesperson, Weichert Realtors). Licensee
agreed to a FINE of $250.00 for violation of §
17-530 for identifying herself on the contract and the
agency disclosure form as dual agent, intra-company agent
for the seller, and intra-company agent for the buyer,
and for failing to ensure that another agent was designated
as an intra-company agent for one of the parties in a
dual agency situation. The Licensee also agreed to complete
a course in the rules or principles of real estate agency,
in addition to the course hours required for license renewal.
REPRIMANDS
2003-RE-271 - Michael Camphor (salesperson, RE/MAX Professionals). Licensee
agreed to a REPRIMAND for violation of § 17-322(b)(25)
(as to improper dealings) for failing to submit the contract
of sale and related documents, including the buyer's earnest
money deposit check, to his broker in a timely manner, and
for failing to ensure that rent payments for a pre-settlement
occupancy were given to the seller. The licensee also agreed
to pay $1,100 to the claimant.
2004-RE-083 - Stephen George Finckel, Jr. (associate broker, RE/MAX
American Dream). Licensee agreed to a REPRIMAND
for violation of § 17-322(b)(32) and (33), § 17-532(c)(1)(vi),
and COMAR 09.11.02.01H and 09.11.02.02A for failing to exercise
reasonable care and diligence in the transaction, for failing
to reduce the exact agreement of the parties to writing
in an addendum to the contract, and for failing to protect
the interests of his clients regarding the repair addendum.
2004-RE-109 - Michelle G. Hicks (salesperson, Coldwell Banker
Residential Brokerage). Licensee agreed to a REPRIMAND
for violation of § 17-322(b)(33) and COMAR 09.11.02.01D
and H for changing the terms of the contract she had signed
as buyer/agent from conventional financing to FHA financing
without the agreement of the seller and without reducing
this change to writing.
2004-RE-095 - Donna Knapp (salesperson, Coldwell Banker Residential
Brokerage). Licensee agreed to a REPRIMAND for violation
of § 17-322(b)(4) for failing to disclose to the buyers
the existence of restrictive covenants governing the property
they were purchasing.
2003-RE-268 - Gayle Roberts (salesperson, 1st Home Selling Assistance,
Inc. and 1st Home Selling Assistance Anne Arundel, Inc.).
Licensee REPRIMANDED for violation of § 17-322(b)(19)
and (33), and COMAR 09.11.01.19C and 09.11.02.01G for failing
to use the full name of the agency with which she was affiliated
in her advertisements and for charging an administrative
fee in addition to the advertised commission.
2004-RE-079 - Jesse Wright (salesperson, Long & Foster Real Estate,
Inc.). Licensee agreed to a REPRIMAND for violation
of § 17-322(b)(3), (4), (25), (32), and (33) and § 17-532(c)(1)(vi),
and COMAR 09.11.02.01D for representing the seller and the
buyers in the transaction, for telling the buyers that all
repairs had been completed prior to settlement when that
was not true, and for failing to ascertain and disclose
information regarding prior flooding on the property. The
licensee also agreed to pay $3,500 to the claimant.
2003-RE-183 - Yili Zhang (salesperson, RE/MAX Premiere Selections).
Licensee agreed to a REPRIMAND for violation of
§ 17-322(b)(25) (as to improper dealings) and COMAR 09.11.02.02A
for preparing an agreement of release by cutting the signatures
of her clients the buyers from another document and pasting
them on the agreement. The licensee also agreed to complete
a course in real estate ethics in addition to the course
hours required for license renewal and to pay $4,000 to
the buyers.
ADDITIONAL EDUCATION
2003-RE-172 - Terry Webb (salesperson, O'Conor, Piper & Flynn ERA).
Licensee agreed to complete three course hours in courses
relating to professional ethics, in addition to the course
hours required for license renewal, for violation of § 17-322(b)(4)
and COMAR 09.11.02.02A for recommending an unlicensed contractor
to perform the repairs agreed to in the contract, contrary
to the agreement of the parties.
LICENSE DENIAL
2006-RE-327 - Application for salesperson's license denied based on
applicant's two convictions for distribution of cocaine,
and on the fact that he remains on probation for the second
conviction.
2005-RE-427 - Applicant for broker's license denied based on applicant's
conviction for bank fraud and his failure to satisfy the court-ordered restitution.
(The affiliation listed is that of the licensee at the time of the violation.)
|
