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DLLR's Division of Occupational and Professional Licensing

 

Disciplinary Actions - July 1, 2001 to June 30, 2002 - Maryland Real Estate Commission

 

REVOCATIONS

2002-RE-031 - Anthony J. Matrona (timeshare broker, Ocean City Coconut Malorie Resort, Inc.) consented to REVOCATION of his timeshare broker and real estate broker's licenses and SUSPENSION of his associate broker's license for thirty days and a FINE of $15,000 for violating, or allowing others under his supervision to violate, Sections 17-320(a) and (c), 17-322(b)(21), (23), (25), (27), (32) and (33), 17-601(b), 17-603(b) and (c), and 17-604(a) and COMAR 09.11.01.07, .02.02A and .05.02 by allowing unlicensed individuals to participate in the sales of timeshare units and to receive commissions for sales of those units, by failing to exercise reasonable and adequate supervision over the unlicensed individuals involved in the timeshare sales, and by failing to maintain adequate records of the escrow accounts for the Resort and the Condominium.

99-RE-260 - Jane Gardner Birch (associate broker, the Floyd Company) REVOKED and FINED $5,000 for violation of Section 17-322(b)(3), (22), (25) and (33) and COMAR 09.11.02.01C and .02.02A for failing to remit to the owner rent monies received under a property management agreement, for making unauthorized withdrawals from the property management account to use for personal expenses, and for forging the owner's name in cashing a check. A Guaranty Fund payout in the amount of $7,987.40 was made as a result of the conduct of the licensee.

99-RE-069 - Jose Carrillo (former salesperson, Century 21 Ampro Realty) REVOKED and FINED $8,000 for violation of Sections 17-322(b)(22), (23), (25) and (32) and 17-502(a) for diverting monies intended by the buyer for the purchase of property to himself, for failing to account to the broker or the buyer for monies that came into his possession from the buyer, and for altering the name of a payee on a check to divert the monies to himself. A Guaranty Fund payout in the amount of $891 was made as a result of the conduct of the licensee.

SUSPENSIONS

2000-RE-166 - Susan Buckingham (former salesperson, H.O.M.E., Inc.) SUSPENDED for thirty days and FINED $8,000 for violation of Section 17-322(b)(22), (25), and (33) and COMAR 09.11.01.07 and .02.01 for failing to promptly remit rent monies to the agent for the owner of the property, for signing a check backed by insufficient funds in connection with the rent monies, for failing to respond to inquiries from the parties and the Commission with regard to the unpaid rent monies, for failing to maintain adequate records of the transaction, and for intermingling trust monies. A Guaranty Fund payout in the amount of $2,245 was made as a result of the conduct of the licensee.

2000-RE-127 - Byron D. Hall (former associate broker, Century 21/J.D. Williams Real Estate Company, Inc.) SUSPENDED for two years and FINED $7,000 for violation of Section 17-322(b)(3), (4), (25), (32) and (33) and COMAR 09.11.02.01C, D and H, and 09.11.02.02A for failing to disclose to the sellers the true amount of the closing costs for which they would be responsible, for failing to timely disclose to the sellers, buyers, and the title company that the second mortgage which had to be paid off before settlement had not been taken care of as he had promised, for failing to see that all financial obligations and commitments were in writing and placed in the hands of all parties, and for failing to promote and protect the interests of his client. A Guaranty Fund payout in the amount of $5,100 was made as a result of the conduct of the licensee.

99-RE-123 - Ruben Romero (salesperson, Re/Max Pros Realty) SUSPENDED for ninety days and FINED $4,500 for violation of Sections  17-322(b)(3) and (25) and 17-530(b)(5)(iv) and COMAR 09.11.02.01H and .02.02A for misrepresenting to the buyers that the sellers would be responsible for making repairs to the property, for failing to protect the interests of the buyers, for failing to adequately represent the buyers or the sellers by not advising either party that the other wanted to terminate the transaction, and for failing to see that all financial obligations regarding the transaction were in writing. A Guaranty Fund payout in the amount of $3,000 was made as a result of the conduct of the licensee.

99-RE-043 - Susan G. Knisley and Cynthia S. Jones (salespersons, Robison and Skidmore Professional Real Estate Services) each SUSPENDED for five days and FINED $1,000 for violation of Section 17-322(b)(4), (25) and (33) and COMAR 09.11.02.01A, C and D and .02.02J for failing to make inquiries in regard to information from the owner about prior flooding in the basement, for failing to disclose to the purchasers material facts concerning the property, and for failing to ensure that a disclosure or disclaimer statement was provided to the purchasers. A Guaranty Fund payout in the amount of $21,901.16 was made as a result of the conduct of the licensees.

98-RE-311 - Charles D. Martin (salesperson, McNair Realty) SUSPENDED for thirty days and FINED $1,500 for violation of Section 17-322(b)(25) and (33) and COMAR 09.11.02.01C for failing to verify the buyer's financial information after the deposit check and the check for the appraisal had bounced, and failing to instruct the buyer to replace the dishonored check with certified funds.

- William H. Edwards (salesperson, Real Estate Executives/2000) SUSPENDED for thirty days and FINED $3,000 for violation of Section 17-322(b)(3), (25) and (33) and COMAR 09.11.02.01C and D and .02.02A for failing to advise the sellers that the deposit check had bounced and allowing them to leave their home and move their possessions to Florida on the belief that settlement would take place, and for failing to protect the interests of the sellers. A Guaranty Fund payout in the amount of $20,000 was made as a result of the conduct of the licensee.

98-RE-176 - Bradley Reter (salesperson, O'Conor, Piper & Flynn) SUSPENDED for seven days and FINED $2,000 for violation of Section 17-322(b)(3), (25) and (33) and COMAR 09.11.02.02A for misrepresenting to the purchasers their rights under an inspection addendum, for failing to advise the purchasers that they could choose their own inspection company, for failing to advise the purchasers of his status as a listing agent, and for failure to provide an agency disclosure form to the purchasers. A Guaranty Fund payout in the amount of $8,165 was made as a result of the conduct of the licensee.

REPRIMANDS

2001-RE-016 - Matthew J. Strickland (former salesperson, 5% Realty Company, Ltd. t/a The Real Estate Centre) consented to a REPRIMAND and a FINE of $2000 for violation of COMAR 09.11.02.01A.

2000-RE-375 - Mark Northup (broker, Northup Real Estate) consented to a REPRIMAND and a FINE of $500 for violation of COMAR 09.11.02.01C.

2000-RE-195 - Paul Flaherty (broker, Flaherty Realtors, Inc.) REPRIMANDED and FINED $500 for violation of Section 17-322(b)(33) and COMAR 09.11.02.02A for failing to provide the owners with a final accounting as provided for in the property management agreement.

- Dawn Flaherty (former salesperson, Flaherty Realtors, Inc.) FINED $500 for violation of Section 17-322(b)(33) and COMAR 09.11.02.02A for failing to provide the owners with a final accounting as provided for in the property management agreement.

2000-RE-168 - Sidney Nazelrod (broker, Keller Stonebreaker Real Estate) consented to a REPRIMAND and a FINE of $750 for violation of Sections 17-322(b)(25), (30) and (33), 17-530(b)(1) and (c), and 17-533(e) and (f)(1) and (2) and COMAR 09.11.02.01H and .02A for failing to provide a written agency disclosure form, for failing to set out the obligation to pay for the sewer hookup in either the contract or the addendum, and for failing to have all parties to the contract sign and date the contract and the addendum.

2000-RE-097 - Lucille Ridlon (broker, Summit Property Management) consented to a REPRIMAND for violation of COMAR 09.11.02.01H for failing to see that all financial obligations and commitments were in writing. The licensee also agreed to pay $1,080 to the claimant.

2000-RE-056 - Susan Buckingham (salesperson, Housing Opportunity Management, Etc., Inc. AHOME, Inc.@) REPRIMANDED and FINED $2,500 for violation of Section 17-322(b)(22), (25) and (33) and COMAR 09.11.01.07 and .02.01C for failing to account for or remit promptly to the owner a security deposit pursuant to a lease agreement and for failing to maintain records of the transaction.

99-RE-325 - Colin Mapp (salesperson, Re/Max Professionals) consented to a REPRIMAND and a FINE of $2,000 for violation of COMAR 09.11.02.01C for failing to cooperate with the Commission investigator.

99-RE-154 - Ronald Golansky (salesperson, Re/Max 1000) REPRIMANDED and FINED $500 for violation of Section 17-322(b)(25) and (33) and COMAR 09.11.02.02J for failing to insure that the buyers received a disclosure or disclaimer statement, thereby jeopardizing the seller's interests.

99-RE-209 - Cathy Holliday (salesperson, Realty Executives/2000) consented to a REPRIMAND for violation of Section 17-322(b)(25). The licensee also agreed to pay the sum of $10,000 to the claimants.

FINES

2002-RE-038 - Ocean City Coconut Malorie Resort, Inc. consented to a FINE of $30,000 to resolve a complaint that unlicensed individuals toured prospective purchasers through timeshare units and were paid commissions when the units they showed were sold, that timeshare deeds were not recorded in a timely manner, that information regarding change of ownership of the project was not provided to the Commission, and that the new owner did not file required annual reports with the Commission.

2000-RE-325 - Charles Hayes (broker, Hayes Real Estate) consented to a FINE of $1,000 for violation of COMAR 09.11.02.01D. The licensee also agreed to pay the claimant $2,600.

2000-RE-214 - William H. Wells (salesperson, Re/Max One) consented to a FINE of $500 for violation of COMAR 09.11.02.02A.

2000-RE-166 - Terrence Hyde (former salesperson, H.O.M.E., Inc.) FINED $6,000 for violation of '17-322(b)(22), (25) and (33) and COMAR 09.11.02.01C for failing to promptly remit rent monies to the agent for the owner of the property after receiving checks for that purpose from the tenant, and for failing to respond to inquiries from the parties and the Commission with regard to the unpaid rent monies. A Guaranty Fund payout in the amount of $2,245 was made as a result of the conduct of the licensee.

2000-RE-062 - Vito Simone (broker, Tenant Buyer Homes, LLC) FINED $500 for violation of '17-322(b)(25) for failing to list a property for sale on the date agreed upon by the parties.

99-RE-227 - Lawrence Polakoff (broker, Buyer's Choice Realty, LLC) consented to a FINE of $1,000 for violation of '17-322(b)(33) and 17-507 and COMAR 09.11.01.07 and .01.13 for failing to maintain records of a real estate transaction in the broker's office.

99-RE-171 - Hayat M. Nasser (former broker, Professional Property Management, Inc.) FINED $8,000 for violation of ' 17-322(b)(22), (25) and (33) and COMAR 09.11.01.07 and .02.01C for failing to account for monies received under a property management agreement, for failing to remit net rental proceeds to the owner, for submitting fictitious and fraudulent records to the owner's representative, and for failing to maintain correct records of real estate transactions.

- Ann Elizabeth Miller (former salesperson, Professional Property Management, Inc.) FINED $6,000 for violation of ' 17-322 (b)(22), (25) and (33) and COMAR 09.11.02.01C for failing to remit or account for monies received under a property management agreement and for submitting false and fraudulent records to the owner's representative. A Guaranty Fund payout in the amount of $168,426.46 was made as a result of the conduct of the licensees.

98-RE-353 - James Bimstefer (salesperson, Re/Max Columbia) FINED $2,500 for violation of ' 17-322(b)(3), (4), (25) and (33) and COMAR 09.11.02.01D for intentionally failing to reveal the details of the conditions and restrictions on the property until after settlement.

APPLICATIONS DENIED

2002-RE-193 - Application of Alfred Muller for salesperson's license DENIED based on conviction for misdemeanor sex abuse.

2002-RE-011 - Application of Wen Hwa (Catherine) Hsu for real estate broker license DENIED based on use of unauthorized reference materials during the licensing exam.

GUARANTY FUND ONLY

2001-RE-287 - Carol Glanville (former broker, A-1 Properties). A Guaranty Fund payout in the amount of $1040 was made as a result of the licensee's failure to remit to the owner monies owed under a property management agreement.

2001-RE-226 - Carol Glanville (former broker, A-1 Properties). A Guaranty Fund payout in the amount of $800 was made as a result of the licensee's failure to remit to the owner monies owed under a property management agreement.

2001-RE-168 - Carol Glanville (former broker, A-1 Properties). A Guaranty Fund payout in the amount of $1400 was made as a result of the licensee's failure to remit to the owner monies owed under a property management agreement.

2000-RE-148 - Robert N. Cowan (former broker, Cowan & Associates Property Management). A Guaranty Fund payout in the amount of $1,425.60 was made as a result of the licensee's failure to remit to the owner the security deposit held under a property management agreement.

99-RE-266 - Robert N. Cowan (former broker, Cowan & Associates Property Management). A Guaranty Fund payout in the amount of $9,841 was made as a result of the licensee's failure to remit to the owner rental income received under a property management agreement.

99-RE-227 - Kenneth Raftery (former salesperson, Buyer's Choice Realty, LLC). A Guaranty Fund payout in the amount of $13,176 was made as a result of the licensee's misrepresentations regarding the existence of lead-based paint in the property.

99-RE-105 - John David Bowers (former broker, Gray-Kessinger Company Sales, Inc.). A Guaranty Fund payout in the amount of $6,650 was made as a result of the licensee's failure to remit to the owner rental income and a security deposit received under a property management agreement.

98-RE-412 - Melvin Baker (former associate broker, Anne Arundel Properties, Inc.). A Guaranty Fund payout in the amount of $2000 was made as a result of the licensee's failure to return a security deposit which he obtained by misrepresenting his status as an owner of the property.

98-RE-156 - Melvin Baker (former associate broker, Anne Arundel Properties, Inc.). A Guaranty Fund payout in the amount of $5,402.25 was made as a result of the licensee's failure to remit to the owners of the property monies he received under a property management agreement.