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DLLR's Division of Occupational and Professional Licensing

 

Disciplinary Actions - July 1, 2005 to June 30, 2006 - Maryland Real Estate Commission

 

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.)