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DLLR's Division of Occupational and Professional Licensing

 

Disciplinary Actions - July 1, 2003 to June 30, 2004 - Maryland Real Estate Commission

 

REVOCATIONS

2004-RE-099 - Erica M. Lucas (salesperson, New Homes Realty, Inc.). License REVOKED for licensee's failure to disclose a criminal conviction for conspiracy to possess and utter stolen postal money orders.

2004-RE-032 - Darin L. Sills (salesperson, Re/Max One). License REVOKED after it was issued in error based on an online application submitted by the brokerage administrative office that did not include information about the applicant's prior felony convictions.

2002-RE-219 - Samantha Crosby-Hull (broker, Shannon Crosby Realty). License REVOKED and licensee FINED $10,000 for violation of § 17-322(b)(3), (4), (22), (25), (31), and (33), §§ 17-502(b) and 17-505(a)(2)(b), § 17-328(a)(1), and COMAR 09.11.01.07, 09.11.02.01C and H, 09.11.02.02A for failing to account for and remit monies owed under a property management agreement, for leasing property without the knowledge and permission of the owner, for failing to maintain records, and for failing to maintain trust monies in a separate account. A Guaranty Fund award in the amount of $2,300 was made as a result of the conduct of the licensee.

2002-RE-190 and 2002-RE-023 - Samantha Crosby-Hull (broker, Shannon Crosby Realty). License REVOKED and licensee FINED $10,000 for violation of § 17-322(b)(3), (4), (22), (25), (31), and (33), §§ 17-502(b) and 17-505(a)(2)(b), § 17-328(a)(1), and COMAR 09.11.01.07, 09.11.02.01C and H, 09.11.02.02A for leasing property without the permission of the owner, for misrepresenting the status of the security deposit, for failing to notify the owner that the property had been leased, for failing to account for and remit monies owed to the owner and the tenant, and for failing to maintain trust monies in a separate account. Guaranty Fund awards in the amount of $883.73 in Case No. 2002-RE-190 and $1,800 in Case No. 2002-RE-023 were made as a result of the conduct of the licensee.

2000-RE-242 - Dwight Bell (salesperson, Long & Foster Real Estate, Inc.). License REVOKED and licensee FINED $2,000 for violation of § 17-322(b)(22) and (25) for failing to account for a deposit placed by a prospective purchaser, and for converting part of a deposit to his own use. A Guaranty Fund award in the amount of $500 was made as a result of the conduct of the licensee.

SUSPENSIONS

2003-164 - Randolph Perrin (associate broker, Re/Max One). Licensee consented to a fifteen-day license SUSPENSION and a FINE of $1,000 for violation of § 17-301(a)(2), § 17-322(b)(32) and (33), §17-601(b), § 17-602(b), and COMAR 09.11.02.01C, and 09.11.02.02A and B for providing real estate brokerage services without a license, for representing to the parties that he was an associate broker when he was not licensed at the time, and for receiving compensation for providing real estate brokerage services when he was not licensed. The licensee also agreed to join with the broker and the branch office manager in reimbursing the seller the $11,910 commission that was paid in the transaction.

2003-RE-088 - Michael M. Crawford (salesperson, Realty Executives/2000). Licensee consented to a thirty-day license SUSPENSION and a FINE of $2,500 for violation of COMAR 09.11.02.01H for failing to set forth in writing an agreement with respect to funds escrowed for repairs. Licensee also agreed to take an additional course in ethics, and to reimburse the claimant the sum of $7,500.

2002-RE-091 - Samantha Crosby-Hull (broker, Shannon Crosby Realty). License SUSPENDED for thirty days and licensee FINED $4,000 for violation of § 17-322(b)(22), (25) and (33), § 17-507, and COMAR 09.11.01.07, 09.11.02.01C and H, and 09.11.02.02A for failing to provide a written lease to a tenant, for failing to maintain adequate records of real estate transactions, for failing to make records available for inspection by the Commission, and for failing to assist the Commission in its regulation of licensees.

2001-RE-316 - Jeanette Gray (salesperson, Realty Executives Main Street USA) consented to a fifteen-day license SUSPENSION and a FINE OF $5,000 for violation of § 17-322(b)(32) and (33), § 17-530(b)(1) and (5)(i) and (vi), §17-533(e) and (g), and COMAR 09.11.02.01H and 09.11.02.02A and J for failing to provide the buyers with a copy of a cancelled buyer-broker agreement, for failing to include required information in the dual agency consent for, for failing to insure that all parties sign the consent form, for failing to include a reference to addenda in the contract, and for failing to insure that the buyers received the seller disclosure form prior to the offer being made. The licensee also agreed to reimburse the claimants $5,000.

2001-RE-185 - Benjamin Zajdel (salesperson, Citizens Realty Company). Licensee consented to a one-day license SUSPENSION and a FINE OF $2,000 for violation of COMAR 09.11.01.12 for failing to obtain a signed listing agreement prior to showing the property. Licensee also agreed to pay $1,000 to the claimant.

2000-RE-297 - Robert L. Martin (salesperson, Weichert Realtors). License SUSPENDED for one year and licensee FINED $2,000 for violation of § 17-322(b)(3), (4), (25), (30), and (33), and COMAR 09.11.02.01C and D for failing to disclose that a company he owned was a straw purchaser of the property and another company he owned was the lender; for structuring three separate transactions to generate funds for his own company; for misrepresenting the status of a home improvement loan application; and for failing to reduce the substance of his assurances to writing. A Guaranty Fund award in the amount of $6,132.75 was made as a result of the conduct of the licensee.

2000-RE-115 - James Nichols (salesperson, Long & Foster Real Estate, Inc.). License SUSPENDED for thirty days and licensee FINED $6,000 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 allowing settlement paperwork to be prepared that reflected a purchase price $21,000 greater than the price agreed on in the contract, for trying to persuade the listing agent not to say anything to the seller about the inaccurate figures on the settlement sheet, and for threatening to sue the seller when she refused to proceed to settlement unless the settlement sheet reflected the correct purchase price.

2000-RE-011 - Robert J. Coates (salesperson, Coldwell Banker/ Melbourne, Feagan, & Hammersmith). License SUSPENDED for fifteen days and licensee FINED $3,000 for violation of § 17-322(b)(25), (32), and (33), § 17-530, and COMAR 09.11.02.01H for acting on behalf of both buyer and seller without notifying his broker or complying with the dual agency requirements, for misrepresenting to the buyers the willingness of the sellers to extend the time for the home inspection, and for urging the buyers to seek a release from the contract based on untrue information.

FINES

2003-RE-338 - Gary Pakulla (associate broker, Re/Max Advantage Realty). Licensee consented to a FINE OF $250.00 and completion of an additional course in ethics for violation of § 17-322(b)(19) for including misleading information about property sales prices in a postcard advertisement.

Lynn Pakulla (salesperson, Re/Max Advantage Realty). Licensee consented to a FINE OF $250.00 and completion of an additional course in ethics for violation of § 17-322(b)(19) for including misleading information about property sales prices in a postcard advertisement.

2003-RE-189 - Ernest B. Vance (salesperson, Re/Max Sails, Inc.). Licensee consented to a FINE OF $500.00, a REPRIMAND, and completion of an additional course in ethics for violation of § 17-322(b)(25) for accepting a check at settlement made payable to the licensee and not to the broker.

2003-RE-164 - Angela Mairs (broker, Re/Max One). Licensee consented to a FINE OF $2,500 for violation of § 17-320(c), § 17-322(b)(23), (27), (32), and (33), § 17-603(b), 17-604(a), and COMAR 09.11.02.01C and 09.11.05.02 for failing to provide reasonable and adequate supervision of an associate broker whose license had expired and who continued to provide real estate brokerage services on behalf of the agency during the eight months that he was unlicensed, for allowing an unlicensed individual to provide real estate brokerage services on behalf of the broker, and for paying compensation for the provision of real estate brokerage services to an unlicensed individual. The licensee also agreed to join with the branch office manager and the associate broker in reimbursing the seller the $11,910 commission that was paid in a transaction handled by the unlicensed individual.

Charles Richard Rose (salesperson and branch office manager, Re/Max One). Licensee consented to a FINE OF $2,500 for violation of § 17-320(d)(1), § 17-322(b)(32), (33), and (34), § 17-604(a), and COMAR 09.11.02.01C for failing to provide reasonable and adequate supervision of an associate broker whose license had expired and who continued to provide real estate brokerage services on behalf of the agency during the eight months that he was unlicensed, and for paying compensation for the provision of real estate brokerage services to an unlicensed individual. The licensee also agreed to join with the broker and the associate broker in reimbursing the seller the $11,910 commission that was paid in a transaction handled by the unlicensed individual.

2003-RE-017 - Timothy C. Light (salesperson, Long & Foster Real Estate, Inc.). Licensee consented to a FINE OF $100.00 and completion of an additional course in agency for violation of § 17-322(b)(25), (32), and (33), § 17-530(b)(1) and (d), §17-532(c)(1)(vi) and (vii), and COMAR 09.11.01.07, 09.11.01.01C and H, and 09.11.02.02A for indicating on the contract that he was both the buyer's agent and the intra-company agent, for failing to obtain the seller's signature on the consent for dual agency form, and for preparing and using an agency disclosure form that listed him as the seller's agent as well as the dual agent.

2003-RE-015 - Sonya Martin (salesperson, Re/Max Advantage Realty). Licensee consented to a FINE OF $250.00 for violation of COMAR 09.11.02.02A for failing to ensure that the buyer received the Homeowners Warranty as referenced in the Contract of Sale. The licensee also agreed to pay $600.00 to the claimant.

2002-RE-336 - Jeffrey Cournoyer (salesperson, Re/Max 100 Real Estate). Licensee consented to a FINE OF $2,000 for violation of §17-322(b)(22) and (31), §17-502(a), and COMAR 09.11.02.01H for failing to promptly submit a deposit check to the broker and for failing to reduce to writing the agreement of the parties with regard to deposit monies.

2002-RE-315 - Thomas D. Malenski (broker, 1st Home Selling Assistance, Inc.). Licensee consented to a FINE OF $750.00 for violation of § 17-322(b)(25), and COMAR 09.11.01.19C and 09.11.02.01G for placing a newspaper advertisement that improperly included the nickname of a salesperson and that failed to include the trade name of his brokerage as registered with the Commission.

2002-RE-278 - James P. Quinn (salesperson, O'Conor, Piper & Flynn ERA) consented to a FINE OF $1,000 and to completion of an additional ethics course for violation of § 17-322(b)(4) for failing to disclose to the buyers the contents of an engineering report that detailed extensive structural problems with the property.

2002-RE-230 - William H. Brown, Jr. (salesperson, Re/Max 2000 Realtors). Licensee consented to a FINE OF $1,000 for violation of COMAR 09.11.01.19C for using a name other than the name on his license on documents related to a real estate transaction.

2002-RE-222 - Javed Aizaz (broker, Century 21 Plus One). Licensee consented to a FINE OF $1,000, a REPRIMAND, and completion of an additional course in ethics for violation of § 17-322(b)(22) for failing to promptly remit deposit money to the seller after a court decision awarding the deposit to the seller.

2002-RE-186 Susan Chang (broker, Evergreen Properties, Inc.). Licensee consented to a FINE OF $3,000 and a REPRIMAND for violation of § 17-320(c)(1) and (2), § 17-322(b)(25)(as to incompetence and/or improper dealings), (27), (32), and (33), § 17-603(b), and COMAR 09.11.02.01C and 09.11.05.02 for failing as a broker to provide reasonable and adequate supervision, and for allowing an unlicensed individual to provide real estate brokerage services.

2002-RE-135 - Derek Owens (salesperson, Citizens Realty Company). Licensee consented to a FINE OF $1,000 for violation of COMAR 09.11.01.12 for offering a property for sale without a written listing agreement.

2002-RE-123 - Kevin Goodnight (salesperson, Re/Max Columbia). Licensee consented to a FINE OF $1,500 for violation of § 17-322(b)(25), § 17-532(c), and COMAR 09.11.02.01C for failing to advise the buyer that the roof certification was issued by a company that he was associated with, and for failing to honor the terms of that certification. The licensee also agree to pay $5,725 to the claimant.

2002-RE-092 - Jannie L. Meares (salesperson, Re/Max Innovations). Licensee consented to a FINE OF $500.00 and completion of an additional course in ethics for violation of § 17-322(b)(22) and (31) and § 17-502(a) for returning a deposit check to the buyer, without first obtaining an agreement of release or other documentation authorizing the return. The licensee also agreed to pay $1,000 to the claimant.

2002-RE-069 - Pamela B. Knott (broker, Knott Realty). Licensee FINED $1,000 for violation of § 17-322(b)(19) and (33) and COMAR 09.11.01.12, 09.11.02.01G and 09.11.02.02H for advertising a property for lease on the multiple list service without the permission of the owners, for advertising a property without a written listing contract, and for including incorrect and inaccurate information in the listing.

2002-RE-068 - Frederick Scott, Jr. (salesperson, S. Taylor & Associates). Licensee consented to a FINE OF $500.00 for violation of § 17-322(b)(32) and (33), § 17-532(C)(2) and (3), and COMAR 09.11.02.01H for disclosing confidential information about the seller's negotiating position without the consent of the seller.

2002-RE-008 - Gloria Rosario (salesperson, Llewellyn Realtors). Licensee consented to a FINE OF $3,000, a REPRIMAND, and completion of an additional course in ethics for violation of § 17-322(b)(33) for submitting incorrect information to the lender in connection with a loan application.

2002-RE-005 - Steven Thames (salesperson, Re/Max 100). Licensee consented to a FINE OF $2,500 and completion of an additional course in ethics for violation of COMAR 09.11.02.02A.

2001-RE-326 - Hilda Rochford (broker, Camelot International Residential Services, Inc.). Licensee consented to a FINE OF $2,500 for violation of § 17-316(b)(1) for providing real estate brokerage services while her real estate license was on inactive status.

2001-RE-318 - Shirley Wigglesworth (salesperson, Fairfax Realty, Inc.). Licensee consented to a FINE OF $1,000 and to completion of additional courses in ethics and agency law for violation of COMAR 09.11.02.02A for failing to advise the contract buyers that the property was part of a pending bankruptcy proceeding. The licensee also agreed to pay $675.00 to the claimants.

2001-RE-306 - Dane Humphreys (salesperson, The Humphreys Team, Real Estate Specialists, Inc.). Licensee consented to a FINE OF $2,500 for violation of COMAR 09.11.02.01H for failing to provide the seller with copies of documents related to the transaction.

2001-RE-245 - Creig Northrop (salesperson, Long & Foster Real Estate). Licensee consented to a FINE OF $1,000 and completion of an additional course in ethics for violation of COMAR 09.11.02.02I for failing to present a contract to the seller.

2001-RE-238 - Bettye Smith (salesperson, Long & Foster Real Estate). Licensee consented to a FINE OF $1,000 for violation of COMAR 09.11.02.01H for failing to reduce to writing an agreement to extend a listing contract. The licensee also agree to pay $1,723 to the claimants.

2001-RE-137 - Frank Kennedy Halley, III (salesperson, Carrollton Realty). Licensee consented to a FINE OF $300.00 for violation of § 17-322(b)(33) for failing to determine that the listed property was subject to the rules of a homeowners association.

2001-RE-133 - Dane Humphreys (salesperson, The Humphreys Team, Real Estate Specialists, Inc.). Licensee consented to a FINE OF $2,500 for violation of COMAR 09.11.02.01C and 09.11.02.03A for failing to respect an existing listing contract.

2000-RE-179 - Susan E. Solonka (salesperson, Re/Max 1st Advantage Realty). Licensee FINED $2,000 for violation of § 17-322(b)(25) and (33), and COMAR 09.11.02.01C for making a series of misrepresentations in connection with a contract of sale entered into by her son as purchaser.

2000-RE-142 - William Beam (broker, Beam Realty Group, Inc.). Licensee FINED $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 seller named in the contract did not own the property, and for designating himself as the listing agent when he had no written contract authorizing him to act on behalf of the seller.

2000-RE-135 - Jorge W. Escalante (broker, Real Estate Experts, Inc.). Licensee consented to a REPRIMAND and a FINE of $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 making misrepresentations and false promises in connection with the sale of a property he owned, for failing to disclose material facts about the property, and for failing to reduce to writing promises and assurances made to the buyer. The licensee also agreed to pay $3,055 to the claimant.

REPRIMANDS

2002-RE-303 - Nancy Heckendorf (salesperson, Re/Max Classic). Licensee consented to a REPRIMAND for violation of § 17-322(b)(25) and (33) and COMAR 09.11.02.02A. The licensee also agreed to pay $914.85 to the claimants.

GUARANTY FUND ONLY

99-RE-318 - Shirley O. Kibunja (salesperson, Realty Executives/Alan Realtors). A Guaranty Fund award in the amount of $10,000 was made as a result of the licensee's failure to insure that the deposit money was placed in escrow as required by the contract.