DLLR's Division of Occupational and Professional Licensing

 

Disciplinary Actions - July 1, 2004 to June 30, 2005 - Maryland Real Estate Commission

 

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.)