August

Benjamin Bentley Worbucks, licensed broker, and Worbucks Corporation, licensed broker, Bergen County – By final order dated August 11, 2011, the Commission revoked the real estate broker’s licenses of Worbucks and Worbucks Corporation for life and ordered a $100,000 fine. They were also ordered to pay restitution to all parties who can submit proofs regarding the failure of returning of real estate monies and deposits.  They were found guilty of a violation of N.J.S.A. 45:15-17(o) and 45:15-17(t) and N.J.A.C. 11:5-5.1(a) and (c) in that they commingled money of their principals with their own, and failed to maintain in a special account, separate and apart from personal or other business accounts, all monies received by them acting in the capacity of a real estate broker or as escrow agent or the temporary custodian of the funds of others in a real estate transaction; N.J.S.A. 45:15-17(d) and 45:15-17(t) in that they failed to account for or pay over the funds of others coming into their possession as escrow agents or the temporary custodian of the funds of others in real estate transactions; 45:15-17(e) in that the above stated events demonstrate unworthiness, incompetency, bad faith or dishonesty; N.J.A.C. 11:5-4.1 in that they failed to obtain written employment agreements with licensees employed by them which contained all of the terms and information required by that rule; N.J.A.C. 11:5-5.4(b)(1) in that they failed to record the information required by that rule on the trust account checkbook stub and ledger for all deposits and disbursements of monies of others received by them; N.J.A.C. 11:5-5.4(b)(2) in that they failed to maintain a trust account ledger; N.J.A.C. 11:5-5.4(b)(3) in that they failed to reconcile and maintain records confirming at least a quarterly reconciliation; N.J.A.C. 11:5-6.4(a) in that by the above described actions, they failed to protect and promote the interests of their principals; N.J.S.A. 45:15-17(e) in that they failed to submit the license applications of three individuals in a timely manner; and N.J.A.C. 11:5-6.1 in that the Worbucks Corporation advertised under a different name than the name in which it was licensed.

Joseph Danza, licensed broker, and Bonanza Realty, LLC, Hudson County – By final order dated August 11, 2011, the Commission revoked the broker’s licenses of Danza and Bonanza Realty and ordered a fine of $2,000.  If Danza and/or Bonanza Realty seek reinstatement of their licenses, they must pay a licensing fee of $120 as well as paying the fine.  If they do not seek reinstatement of their licenses, they are ordered to file an office closing affidavit.  Danza and Bonanza issued a bad e-check in payment of a license renewal fee, which demonstrated unworthiness, in violation of N.J.S.A. 45:15-17(e), through this conduct, they obtained a real estate license through fraud and misrepresentation, in violation of N.J.S.A. 45:15-17(n).  They also were found to have failed to respond to a Commission investigation, which demonstrated unworthiness, in violation of N.J.S.A. 45:15-17(e).

July

Jeffrey Kole, licensed broker, Somerset County – On July 26, 2011, the Commission approved a consent order whereby Kole admitted a violation of N.J.A.C. 11:5-4.4(b) in that his home office was not independent of the living quarters and did not have a separate exterior entrance plainly visible from the street.  He agreed to a $500 fine.

June

Thomas Crivello, licensed broker, Somerset County – On June 7, 2011, the Commission approved a consent order whereby Crivello, broker of record of ERA Statewide Realty, admitted to a violation of N.J.A.C. 11:5-4.5, as there was no qualified broker-salesperson at the Delran branch office of ERA Statewide Realty, from at least 2005 to April 2010 supervising the office activities on a full time basis, and a violation of N.J.S.A. 45:15-17(e) (unworthiness) in that Crivello submitted an application for a branch office listing an individual as a branch office supervisor and then allowed a salesperson to supervise the office.  His broker’s license was suspended until March 7, 2012, at which time he will be eligible for a salesperson’s license and he shall complete the 150 hour broker pre-licensure course prior to the reinstatement of his broker’s license.  He also agreed to a $5,000 fine.

Norma L. Silva, licensed salesperson, Middlesex County – On June 21, 2011, the Commission approved a consent order whereby Silva agreed to two violations of N.J.S.A. 45:15-17(s) for failing to notify the Commission within thirty days of the filing of an Information against her and a conviction, and a violation of N.J.S.A. 45:15-19.1.  Her license was revoked for a period of twenty years and a $1000 fine was assessed.

Mara L. Snyder, licensed salesperson, Middlesex County – On June 21, 2011, the Commission approved a consent order whereby Snyder agreed to two violations of N.J.S.A. 45:15-17(s) for failing to notify the Commission within thirty days of the filing of an Information against her and a conviction, and a violation of N.J.S.A. 45:15-19.1.  Her license was revoked for a period of twenty years and a $1000 fine was assessed.

Joseph Dimino, licensed salesperson, Bergen County – On June 21, 2011, the Commission approved a consent order whereby Dimino agreed to a violation of N.J.S.A. 45:15-19.1 and N.J.S.A. 45:15-17(e) as a result of a theft conviction.  He agreed to a five year revocation of licensure. 

Susan Engle, licensed broker, and Jersey Shore Associates, LLC, licensed broker d/b/a Keller Williams Jersey Shore, Ocean County – By final order dated June 29, 2011, the Commission revoked Engle’s real estate broker’s license for life and imposed a fine of $20,000.  She will be eligible for licensure as a salesperson after a period of three years and must fully re-qualify.  She was found guilty of violations of N.J.S.A. 45:15-17(d) for failing to pay over funds of others; two violations of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c) commingling; three counts of N.J.S.A. 45:15-17(e) unworthiness, bad faith and dishonesty; two counts violations of N.J.A.C. 11:5-6.4(a) for failing to protect and promote the interests of their principals; three counts of N.J.A.C. 11:5-5.1(b) for failing to report a change in an escrow account; ten violations of N.J.A.C. 11:5-4.1(a) for having employment agreements which failed to contain a promise to pay commissions within ten days; N.J.A.C. 11:5-5.4(b)(1) for failing to record information required by that rule on the trust account checkbook stub and ledger; N.J.A.C. 11:5.4(b)(2) for failing to maintain a ledger; N.J.A.C. 11:5-5.4(b)(2) for failing to maintain a trust account ledger; N.J.A.C. 11:5-5.4(b)(3) for failing to confirm that at least a quarterly reconciliation had been made; and N.J.A.C. 11:5-5.4(e) and 11:5-5.5  for failing to maintain records in the agency office and to produce those records for inspection.

Robert Simon, formerly licensed salesperson, Gloucester County – By final order dated July 6, 2011, the Commission imposed a 10,000 fine and revoked Simon’s license for seven years.  Simon was found guilty of N.J.S.A. 45:15-17(c) misrepresentation, N.J.S.A. 45:15-17(e) and N.J.A.C. 11:5-6.2(a)(5); unworthiness, bad faith or dishonesty; N.J.S.A. 45:15-17(a) substantial misrepresentation; and N.J.A.C. 11: 5-6.4 and N.J.S.A. 45:15-17(l) failure to promote and protect his client’s interest and dishonest dealing, for his handling of a real estate transaction.

May

Joseph Falciani, licensed salesperson, Cumberland County – On May 24, 2011, the Commission approved a consent order wherein Falciani admitted to two violations of N.J.S.A. 45:15-17(s) for failing to notify the Commission within thirty days of the filing of criminal charges against him.  He agreed to pay a $1,000 fine and a 6 month license suspension followed by a 6 month probationary period.

April

Tahir Siddiqui, unlicensed person, Middlesex County – On April 26, 2011, the Commission approved a consent order wherein Siddiqui admitted to a violation of N.J.A.C. 11:5-3.4(a)(2); he took notes on an unauthorized scrap paper during the administration of the salesperson’s pre-licensure education examination.  He is ineligible to take the examination for one year effective July 1, 2010 through July 1, 2011 and must complete the requisite education course again before he can challenge the examination again.

March

Justin C. Pandelo, formerly licensed broker-salesperson, Middlesex County – On March 7, 2011, the Commission approved a Consent Order, wherein Pandelo admits to violating N.J.S.A. 45:15-17(e) in that he failed to comply with a prior Consent Order, which conduct demonstrates unworthiness. Pandelo agreed to pay a fine of $300 and shall be ineligible for a broker's license until March 1, 2012 and will have to fully re-qualify for same, including completing any education and examination requirements then in effect.

Michelina Saverino, licensed salesperson, Bergen County – On March 29, 2011, the Commission approved a Consent Order, wherein Saverino admits that her conduct in failing to notify the Commission within thirty days of the filing of criminal charges against her is in violation of N.J.S.A. 45:15-17(s). Saverino agreed to pay a fine of $500 and to have her license held on probation for two years.

February

Peter Petridis, licensed salesperson, and Margaret Steadman formerly known as Margaret Schwabe, licensed broker-salesperson, Atlantic County – By Final Order dated February 1, 2011, the Commission suspended Petridis’s salesperson license for two (2) months, required Petridis to complete the 30-hour course on broker’s ethics, agency law and relationships and imposed a $5,000 fine against Petridis.  Upon reinstatement of Petridis’s license, it will be held on a probationary basis for one (1) year.  The Commission also suspended Steadman’s broker-salesperson license for four (4) months, required Steadman to complete the 30-hour course on broker’s ethics, agency law and relationships and imposed a $5,000 fine against Steadman.  Upon the downgrading of Steadman’s license to a salesperson, any license held by Steadman will be held on a probationary basis for one (1) year.  The Commission determined that Petridis made a substantial misrepresentation in violation of N.J.S.A. 45:15-17(a), in that he prepared the contract of sale with a third-party as the seller for a property and failed to designate the third-party as an equitable owner of the property when he knew that the third-party had not yet taken title to the premises; Petridis’s failure to identify the third-party as an equitable owner in the contract of sale demonstrates incompetency, in violation of N.J.S.A. 45:15-17(e); Petridis failed to deal fairly with all parties by placing his own interest above that of his principal and by failing to strictly comply with the principles governing fiduciary relationships, in violation of N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t); Petridis’s and Steadman’s respective failures to inform their principals of the interest of a third-party to purchase property from the principals demonstrates incompetence, in violation of N.J.S.A. 45:15-17(e); Petridis and Steadman failed to obtain separate written informed consents to disclose dual agency, in violation of N.J.A.C. 11:5-6.9(b) and N.J.S.A. 45:15-17(t) (3 counts); and Steadman as the branch office manager failed to properly supervise the actions of Petridis, in violation of N.J.A.C. 11:5-4.5 (2 counts).

Neil Plaxsun, licensed broker, and Neil Plaxsun Associates, Inc., licensed broker, Bergen County – On February 8, 2011, the Commission approved a Consent Order, wherein Plaxsun and Neil Plaxsun Associates, Inc. admitted that they did not maintain an office open to the public, with the appropriate signage as required by the Commission’s regulations, in violation of N.J.S.A. 45:15-12; that Plaxsun made a substantial misrepresentation to the New Jersey Real Estate Commission on his application for a change of address when Plaxsun stated that the office location was in compliance with the Commission’s regulations, in violation of N.J.S.A. 45:15-17(a); that Plaxsun was unable to produce business records immediately for inspection by a Commission investigator, in violation of N.J.A.C. 11:5-5.4(e); and that the home office does not meet the requirements as set forth under N.J.A.C. 11:5-4.4(b). Plaxsun and Neil Plaxsun Associates, Inc. agreed to the revocation of their licenses for one (1) year and to pay a fine of $4,000.

January

Gary Prichard, Jr., formerly licensed salesperson, Monmouth County – By Final Order dated January 24, 2011, the Commission determined that Prichard failed to notify his broker that he entered into lease transactions as a property manager and represented that he would be collecting future rents instead of directing those funds to his broker or the property owner, thus demonstrating incompetence in violation of N.J.S.A. 45:15-17(e) (two counts); and failed to indicate his business relationship to the seller in a listing agreement, in violation of N.J.A.C. 11:5-6.9. The Commission imposed a fine of $2,000 and revoked Prichard’s license for six (6) months.

Michael Ricciardi, formerly licensed salesperson, Morris County – By Final Order dated January 10, 2011, the Commission determined that pursuant to N.J.S.A. 45:15-19.1, Ricciardi’s license is subject to revocation because he has been convicted of a theft offense; that Ricciardi failed to notify the Commission within 30 days of the filing of formal criminal charges against him, and failed to notify the Commission of his criminal conviction in violation of N.J.S.A. 45:15-17(s) (three counts); and Ricciardi’s conviction on theft charges demonstrates that he engaged in conduct demonstrating unworthiness, bad faith and dishonesty, in violation of N.J.S.A. 45:15-17(e). The Commission revoked Ricciardi’s salesperson license for five (5) years from the date of his criminal conviction, and imposed fines totaling $2,500.

Howard Hughes Gange, licensed broker, Ocean County – By Final Order dated January 7, 2011, the Commission determined that Gange made a substantial misrepresentation when he certified on his license application that the home office complied with the Commission’s rules by having a separate entrance that fronts the street, when it did not, in violation of N.J.S.A. 45:15-17(a); that Gange’s conduct demonstrates incompetence because the substantial misrepresentation was negligently made, in violation of N.J.S.A. 45:15-17(e); and that Gange’s home office was not independent of the living quarters and did not have a separate exterior entrance plainly visible from the street, in violation of N.J.A.C. 11:5-4.4(b). The Commission imposed a fine of $2,250 and ordered Gange to either file an office closing affidavit, relocate his office to comply with the Commission’s rules, or to change his licensure status from broker to broker-salesperson within 30 days.

Ann Doran, licensed broker, Monmouth County – On January 25, 2011, the Commission approved a Consent Order, wherein Doran admitted that she did not properly protect and promote the interest of one of the sellers (her client) in a transaction by not notifying the seller about a purported contract of sale that was entered into by another seller (also her client), in violation of N.J.A.C. 11:5-6.4 (fiduciary duty).  Doran agreed to pay a fine of $2,500 and to complete within six (6) months the 30-hour broker pre-licensure course on broker ethics and agency law and relationships.

December

Gary S. Klein, licensed salesperson, Monmouth County – By Final Order dated December 16, 2010, the Commission determined that Klein’s license should not be suspended pursuant to N.J.S.A. 45:15-19.2. Klein’s criminal indictment for one count of theft by deception makes him eligible for suspension of his license or right to licensure until the full criminal disposition of the criminal matter. The Commission’s power to suspend is discretionary, and the Commission did not believe such action was warranted.

Roger J. Campbell, licensed broker-salesperson, Morris County – On December 15, 2010, the Commission approved a Consent Order, wherein Campbell admitted that as broker of record he failed to properly supervise the activities conducted in the office of ReMax Alliance Realty, including the activities of a formerly licensed person, in violation of N.J.A.C. 11:5-4.2(a)(1); and that he failed to file an office closing affidavit within thirty days of ceasing operations, in violation of N.J.A.C. 11:5-3.9. Campbell agreed to pay a fine in the amount of $1,500 and to the revocation of his broker’s license for two (2) years. Campbell is eligible to apply for a license as a salesperson after one (1) year.

Harry D. Stewart, Jr., formerly licensed broker-salesperson, Gloucester County – On December 21, 2010, the Commission approved a Consent Order wherein Stewart, Jr. admitted that he was functioning as the employing broker of another respondent, Nicholas Azeglio, and thus he was responsible for the actions of Azeglio pursuant to N.J.A.C. 11:5-4.2.  Stewart, Jr. agreed that he shall never apply for any real estate license in the State of New Jersey in the future.  In a Final Order dated August 16, 2010, the Commission found that Azeglio engaged in conduct demonstrating unworthiness, incompetency, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(e); unfair dealing in violation of N.J.A.C. 11:5-6.4(a); and fraud and dishonest dealing in violation of N.J.S.A. 45:15-17(l) relating to the failure of Azeglio to disclose the possible existence of an underground fuel oil tank in connection with a residential real estate transaction.

Linda Berry, licensed salesperson, Warren County – By Final Order dated December 21, 2010, the Commission determined that Berry engaged in unlicensed activity by acting on her own behalf, instead of under the authority of the real estate broker with whom she was licensed at the time, in violation of N.J.S.A. 45:15-1, 45:15-3, and 45:15-17(t); commingled the funds of others in a real estate transaction with her own and failed to turn over those funds to her broker to be held in a special account as escrow agent or temporary custodian of the funds, in violation of N.J.S.A. 45:15-17(o), and N.J.A.C. 11:5-5.1(a) and (c); failed to turn over deposit monies that she received in her capacity as escrow agent to her broker for deposit into an escrow account, in violation of N.J.S.A. 45:15-12.8 and N.J.S.A. 45:15-17(t); and demonstrated incompetency in the sale of a mobile home, in violation of N.J.S.A. 45:15-17(e) (two counts) and N.J.A.C. 11:5-6.4(l). The Commission ordered Berry to pay a fine of $2,000 and revoked her salesperson license for three (3) years.

November

Ronald Klim, formerly licensed broker, Ocean County – By Final Order dated November 19, 2010, the Commission determined that Klim did not properly maintain his home office by ensuring that the office is independent of living quarters with a separate entrance plainly visible from the street, in violation of N.J.A.C. 11:5-4.4(b) and N.J.S.A. 45:15-17(t); that such conduct demonstrates incompetency, in violation of N.J.S.A. 45:15-17(e); and that Klim’s negligent misrepresentation on his application constitutes a substantial misrepresentation, in violation of N.J.S.A. 45:15-17(a).  The Commission imposed a fine of $2,500.

Charles W. Zollner, formerly licensed salesperson, Burlington County – By Final Order dated November 18, 2010, the Commission determined that Zollner failed to account for, misappropriated, and failed to pay over monies totaling $18,000 belonging to two real estate buyers, in violation of N.J.S.A. 45:15-17(d); that Zollner commingled $18,000 in real estate deposit monies given to him by his principals with his own funds, in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(c); that such conduct failed to protect and promote the interests of Zollner’s principal, in violation of N.J.A.C. 11:5-6.4(a); and that such conduct constitutes fraud or dishonest dealing, in violation of N.J.S.A. 45:15-17(l).  The Commission imposed a fine of $10,000 and revoked Zollner’s real estate salesperson’s license for ten (10) years.

Nancy U. Pavic, licensed broker-salesperson, and Jose Cordova, licensed broker, Passaic County – By Final Order dated November 16, 2010, the Commission determined that Pavic and Cordova violated N.J.S.A. 45:15-17(f) by failing to specify a termination date in a listing agreement; that Cordova violated N.J.S.A. 45:15-17(e) (conduct demonstrating incompetency), by directing or allowing Pavic to list the subject property without the consent of the owners; and that Cordova violated N.J.S.A. 45:15-17(e) (conduct demonstrating incompetency) and (t) and N.J.A.C. 11:5-4.2, by failing to supervise the activities of Pavic in her handling of this transaction.  The Commission ordered Pavic to pay a fine of $1,000 and Cordova to pay a fine of $4,000.

Farid Mkalech, licensed salesperson, Morris County – On November 9, 2010, the Commission approved a Consent Order wherein Mkalech admitted that he violated the following provisions: N.J.S.A. 45:15-17(d) in that he failed to account for or to pay over monies belonging to others coming into his possession as a real estate license; N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(c) in that he commingled the money of his principals with his own; N.J.S.A. 45:15-17(e) in that such events demonstrate unworthiness and dishonesty; N.J.A.C. 11:5-6.4(a) in that he failed to protect and promote the interests of his principal; N.J.S.A. 45:15-17(l) in that his conduct constitutes dishonest dealing; N.J.S.A. 45:15-1, 45:15-3 and 45:15-17(t) in that he did not operate under the supervision of his employing broker; N.J.S.A. 45:15-12.8, N.J.A.C. 11:5-5.1, and N.J.S.A. 45:15-17(t), in that he did not deliver the funds received by him in a real estate transaction to his broker for deposit into the escrow or trust account maintained by his broker; N.J.S.A. 45:15-17(m) in that he accepted a commission or valuable consideration as a real estate salesperson from a person other than his employing broker; and N.J.S.A. 45:15-16 in that he accepted a commission or valuable consideration from a person other than his employing broker. Mkalech agreed to a one year revocation of his license and to pay a total fine of $2,500.

Surendra Bhatnagar, licensed salesperson, Morris County – On November 9, 2010, the Commission approved a Consent Order wherein Bhatnagar admitted that pursuant to N.J.S.A. 45:15-19.2, the Commission has the authority to suspend Bhatnagar’s license in that he has been indicted on an insurance fraud charge, which is a similar offense to criminal conspiracy to defraud. Bhatnagar agreed to the suspension of his salesperson license until his successful completion of the Pre-Trial Intervention program in which he was currently enrolled.

Cynthia Kaighn, licensed salesperson, and John Geraci, licensed broker-salesperson, Camden County – On November 9, 2010, the Commission approved a Consent Order whereby Geraci admitted that he violated N.J.A.C. 11:5-4.2 in that he failed to properly supervise the activities of Kaighn in her handling of a transaction; and Kaighn admitted that she violated N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t) in that she placed her own interest above that of her principal. Kaighn admitted that at the request of her client, the buyer, she increased the commission payable to her firm on a contract addendum. Kaighn agreed to pay a fine of $3,000. Geraci agreed to pay a fine of $2,000 and to pay $1,195 as reimbursement to the sellers.

Stephanie LoCicero, licensed salesperson, Union County – By Final Order dated November 4, 2010, the Commission determined that LoCicero conducted unlicensed real estate activity by advertising and marketing out-of-state properties to New Jersey consumers through her own web site and blog and not through her employing broker, in violation of N.J.S.A. 45:15-1, 45:15-3, and 45:15-17(t); LoCicero advertised and marketed out-of-state properties that were not registered under the Real Estate Sales Full Disclosure Act, in violation of N.J.S.A. 45:16-30, 45:15-16.31, N.J.A.C. 11:5-9.6, and N.J.S.A. 45:15-17(e) (conduct demonstrating unworthiness and bad faith); LoCicero’s web site failed to comply with the advertising requirements of the Commission, in violation of N.J.A.C. 11:5-6.1 (5 counts) and N.J.S.A. 45:15-17(t) (5 counts); LoCicero’s failure to comply with the advertising requirements of the Commission demonstrates incompetency in violation of N.J.S.A. 45:15-17(e) and N.J.S.A. 45:15-17(t) (5 counts); LoCicero’s conduct in repeatedly marketing and advertising of out-of-state properties without proper authorization and/or broker supervision, and where the properties were not properly registered in this State pursuant to N.J.S.A. 45:15-16.25 et seq., constitutes a substantial, flagrant and continued course of misrepresentations, in violation of N.J.S.A. 45:15-17(a) and 45:15-17(c); LoCicero’s advertisements contained false, misleading or deceptive claims or misrepresentations because they offered brokerage services and marketed properties for which she was not authorized, in violation of N.J.A.C. 11:5-6.1(r) and N.J.S.A. 45:15-17(t). The Commission revoked LoCicero’s eligibility for licensure for twelve (12) years and imposed a fine of $6,000.

October

Douglas R. Tonge, formerly licensed broker, and Just New Homes, formerly licensed broker, Mercer County – By Final Order dated October 18, 2010, the Commission determined that Tonge and Just New Homes’ business model in which they paid and/or had credited a part of their commission to the buyer constitutes an impermissible rebate, profit, compensation or commission to unlicensed persons, in violation of N.J.S.A. 45:15-17(k) (247 counts); their web site and material was misleading and deceptive because it did not indicate to prospective clients that under some circumstances the 1% cash-back bonus would not be available, in violation of N.J.A.C. 11:5-6.1(r); by this conduct, they violated their fiduciary duty to protect and promote the interests of their clients, in violation of N.J.A.C. 11:5-6.4(a); and such conduct demonstrates incompetency, bad faith, dishonesty, and unworthiness for licensure under N.J.S.A. 45:15-17(e). The Commission revoked Tonge and Just New Homes’ real estate licenses for five (5) years and imposed a fine of $500 for each violation, totaling $123,500. 

Jennifer Rickards, previously licensed salesperson, and Beach Block Management LLC, unlicensed entity, Mercer County – By Final Order dated October 15, 2010, the Commission revoked Rickards’ license eligibility for three (3) years and imposed a fine of $10,000 against Rickards.  The Commission found that Rickards and Beach Block transacted real estate business and accepted commissions when they were not property licensed in violation of N.J.S.A. 45:15-17(e) (conduct demonstrating incompetency), N.J.S.A. 45:15-1.2, 45:15-1, 45:15-3 and 45:15-17(t); that Rickards’ preparation of a listing agreement demonstrates that she was engaging in unlicensed activity while she was not properly licensed, in violation of N.J.S.A. 45:15-1, 3, and 17(t); and that Rickards’ acceptance of commissions through unlicensed Beach Block constitutes the acceptance of commission from a party other than a licensed broker, in violation of N.J.S.A. 45:15-17(m).

September

Andrew Kim, unlicensed person, Middlesex County – On September 21, 2010, the Commission approved a consent order whereby respondent Kim admitted that during the salesperson’s licensing examination he was writing notes on a tissue he obtained at the test site, rather than the scratch paper provided to him in violation of N.J.A.C. 11:5-3.4(a).  Kim agreed that he would be barred from taking the real estate salesperson’s license examination for a period of one (1) year from February 11, 2010.

Gordon J. Malkowski III, licensed salesperson, Ocean County – On September 21, 2010, the Commission approved a consent order whereby respondent Malkowski admitted that he failed to notify the Commission of  the filing of criminal charges against him and his conviction within thirty days, in violation of N.J.S.A. 45:15-17(s) (3 counts).  Malkowski agreed to pay a fine in the amount of $1,000. Malkowski also agreed that his salesperson license would be held on a probationary basis for a period of one year. 

August

Aurora Corrente, formerly licensed broker, and Nextra Realty, Inc., licensed broker, d/b/a ReMax Nextra, and Garry M. Anderson, licensed salesperson, Sussex County – By Final Order dated August 3, 2010, the Commission revoked Corrente’s license for seven (7) years and imposed fines totaling $7,000. Corrente is ineligible for licensure as a salesperson for two (2) years. The Commission revoked Anderson’s license for life and imposed fines totaling $35,000. The Commission ordered that Nextra Realty’s corporate license was to be held on a probationary basis for two (2) years and Corrente and Anderson were to divest themselves from all ownership or investment in Nextra Realty. The Commission found that Corrente, Nextra Realty, Inc. and Anderson commingled the money of their principals with their own, in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c) (5 counts, 1 of which is de minimus); engaged in a continued course of misrepresentation by falsifying records, in violation of N.J.S.A. 45:15-17(a) and (c) (3 counts); demonstrated unworthiness, bad faith and dishonesty through their four acts of commingling and three acts of falsifying records, in violation of N.J.S.A. 45:15-17(e) (7 counts); demonstrated incompetence through their de minimus commingling, in violation of  N.J.S.A. 45:15-17(e); engaged in conduct constituting fraud or dishonest dealing, in violation of N.J.S.A. 45:15-17(l) (7 counts); and failed to protect and promote the interests of their principals, in violation of N.J.A.C. 11:5-6.4(a) (4 counts).  The Commission also found that Corrente, Nextra Realty, Inc. and Anderson failed to pay commissions, in violation of N.J.A.C. 11:5-4.1(d); demonstrated unworthiness by depositing a commission check into the business account and then depleting the account, while having knowledge the commission was owed, in violation of N.J.S.A. 45:15-17(e); and failed to account for or pay over monies belonging to third parties, in violation of N.J.S.A. 45:15-17(d).

Nicholas L. Azeglio, Jr., licensed salesperson, Salem County – By Final Order dated August 16, 2010, the Commission revoked Azeglio’s license for five (5) years and imposed a fine of $5,000. The Commission found that Azeglio as a listing agent failed to disclose to the buyers of a property the probable existence of an underground storage tank (as found in a Superior Court action and Final Judgment). The Commission found that such conduct demonstrates bad faith, unworthiness, and dishonesty, in violation of N.J.S.A. 45:15-17(e); and demonstrates the failure to deal fairly with all parties, in violation of N.J.A.C. 11:5-6.4(a). The Commission also found that the ordering of an insufficient environmental test that did not use a metal detector despite reports and evidence of an underground storage tank, his failure to disclose the existence or results of that insufficient environmental test to the buyers and his failure to disclose the likelihood of an underground storage tank to the buyers constitutes fraud and dishonest dealing, in violation of N.J.S.A. 45:15-17(l).

Kristian Bryant, formerly licensed salesperson, Camden County – By Final Order dated August 11, 2010, the Commission found that Bryant failed to notify the Commission within thirty (30) days of his arrest and the filing of a formal criminal charge against him, in violation of N.J.S.A. 45:15-17(s) (two counts); and failed to cooperate in a Commission investigation in violation of N.J.S.A. 45:15-17(e). The Commission suspended Bryant’s license until June 30, 2011, and imposed a total fine of $2,500.

July

Ira Bell-Guilford, licensed salesperson, Hudson County – On July 20, 2010, the Commission approved a consent order whereby Bell-Guilford admitted that he failed to notify the Commission within thirty (30) days of the filing of criminal charges against him in violation of N.J.S.A. 45:15-17(s); and admitted that he failed to cooperate in a Commission investigation because he did not provide the Commission with the information regarding his arrest as requested in violation of N.J.S.A. 45:15-17(e) and (s).  Bell-Guldford agreed to pay a fine of $1,000.

Charles W. Zollner, formerly licensed salesperson, Burlington County – On July 15, 2010, the Commission approved a consent order wherein Zollner agreed to the temporary suspension of his license pending a hearing on the Order to Show Cause issued against Zollner.  Pursuant to N.J.S.A. 45:15-17.1, the Commission may temporarily suspend a license upon making a finding that prima facie evidence exists that the licensee had violated N.J.S.A. 45:15-17(d) or (o).

Joon S. Choi, a/k/a John Choi, licensed broker and broker of record, Essex County – By Final Order dated July 19, 2010, the Commission revoked Choi’s license for 5 years and imposed a $5,000 fine.  Choi will be ineligible to be licensed as a real estate salesperson for 1 year, and if thereafter licensed, such salesperson license will be held on probation for 1 year.  The Commission found that Choi commingled the money of his principal with his own in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c).; failed to account for or pay over monies which came into his possession as a real estate licensee in violation of N.J.S.A. 45:15-17(d);  demonstrated incompetence and unworthiness by commingling and failing to maintain escrow deposit monies, in violation of N.J.S.A. 45:15-17(e) and 45:15-17(t); demonstrated unworthiness and bad faith by issuing a check at a closing when he knew that there were insufficient funds in the account to cover the check, in violation of N.J.S.A. 45:15-17(e); failed to deal fairly with all parties in violation of N.J.A.C. 11:5-6.4; failed to protect and promote the interests of his principal by using a deposit paid to the respondent for his own personal or other business expenses and then presenting a check at closing which was not honored due to insufficient funds, in violation of N.J.A.C. 11:5-6.4; and failed to deposit a check from his principal into the brokerage trust account within five (5) business days, in violation of N.J.A.C. 11:5-5.1(c)(2).

Kenneth Senatus, unlicensed person, and KC Professional Realty, unlicensed entity, Union County – By Final Order dated July 30, 2010, the Commission ordered Senatus and KC Professional Realty to cease and desist from representing and holding themselves out as licensed real estate brokers, broker-salesperson or salespersons; that Senatus and KC Professional Realty are ineligible for any real estate license; and imposed a $5,000 fine.  The Commission found that Senatus and KC Professional Realty had improperly represented and held themselves out to be real estate licensees and conducted unlicensed real estate business activity in violation of  N.J.S.A. 45:15-1, N.J.S.A. 45:15-3, and N.J.S.A. 45:15-17(t).

June

Thomas J. Romeo, licensed broker, and Momareo Enterprises, LLC d/b/a/ Sellstate First, licensed broker, Middlesex County – On June 8, 2010, the Commission approved a Consent Order whereby Romeo and Sellstate First admitted that they violated N.J.S.A. 45:15-17(e) (incompetency) and (n) in that they obtained a real estate license through misrepresentation by issuing a check drawn against insufficient funds in payment of licensing fees.  Romeo and Sellstate First agreed to pay a fine in the amount of $2,000.

Donald W. Celidonio, formerly licensed broker, Passaic County – On June 8, 2010, the Commission approved a Consent Order whereby Celidonio admitted that as broker of record he violated N.J.S.A. 45:15-17(a)(substantial misrepresentation) in that he answered yes to several questions on the broker license application.  Celidonio admits that he did not maintain a designated main office open to the public (a violation of N.J.S.A. 45:15-12); that he did not maintain an office open to the public for the transaction of real estate business under his direct supervision (a violation of N.J.A.C. 11:5-4.4); and that there was no exterior display of a sign indicating the regular business name of his brokerage firm and the words “Licensed Real Estate Broker” (a violation of N.J.A.C. 11:5-6.1(a)). Celidonio agreed to pay a fine of $1,500; he will not be eligible to reinstate his real estate broker’s license until May 31, 2011 and he will be ineligible for licensure as an employing broker or broker of record until May 31, 2012.

Christine Bassion, formerly licensed salesperson, Cape May County – On June 15, 2010, the Commission approved a Consent Order whereby Bassion admitted that she misrepresented her criminal history at the time she took and passed the real estate salesperson examination, in violation of N.J.S.A. 45:15-17(n).  Bassion’s real estate license was suspended for 3 months, and she agreed to pay a fine in the amount of $1,000.

Almone F. Little, licensed salesperson, Brian D. Peoples, licensed salesperson, Adaptable Realty, an unlicensed entity, and Adaptable Real Estate Agency, LLC, licensed broker, Essex County – By Final Order dated June 18, 2010, the Commission revoked Peoples’ real estate salesperson’s license for 10 years and imposed a fine of $25,000 against Peoples; revoked Little’s salesperson license for 18 months, imposed a fine of $7,500 against Little and required Little to complete the pre-licensure education course and examination prior to relicensure; and imposed a $5,000 fine against Adaptable Realty.  The Commission found that Adaptable Realty, Little and Peoples all engaged in unlicensed activity in violation of N.J.S.A. 45:15-1.  The Commission also found that Peoples accepted compensation from a person other than his employing broker, in violation of N.J.S.A. 45:15-17(m). The Commission found that Little and Peoples failed to deal fairly with all parties in a transaction, in violation of N.J.A.C. 11:5-6.4.

Frank Barbera, licensed broker, and F.A. Barbera Co., Inc., licensed broker, Atlantic County – By Final Order dated June 21, 2010, the Commission revoked Barbera’s broker’s license for 6 years; revoked Barbera’s eligibility for a salesperson’s license for 3 years, retroactive to July 1, 2009; and imposed a fine of $2,500.  The Commission found that Barbera failed to account for or pay over monies belonging to others in violation of N.J.S.A. 45:15-17(d); impermissibly commingling a buyers’ money with his own, in violation of N.J.S.A. 45:15-17(o); failed to notify the Commission within 30 days of the filing of the federal criminal charges against him and his federal criminal conviction for bribery in violation of N.J.S.A. 45:15-17(s) (2 counts) and (e)(incompetence)(2 counts). The Commission also found that the conduct underlying Barbera’s bribery conviction demonstrates unworthiness and dishonesty in violation of N.J.S.A. 45:15-17(e).

Nicole Valentine, licensed salesperson, Bergen County – By Final Order dated June 29, 2010, the Commission placed Valentine’s salesperson license on probation for 1 year, imposed a $2,500 fine and ordered Valentine to complete the 75-hour pre-licensure education course for salespersons within 6 months.  The Commission found that Valentine violated N.J.S.A. 45:15-17(a) and 17(e) (incompetence) by making three negligent substantial misrepresentations in her letter to tenants related to the true owner of the property and the status of the foreclosure.

William Kubofcik, licensed broker-salesperson, and Prospect Park Corporation, unlicensed entity, Passaic County – By Final Order dated June 30, 2010, the Commission revoked Kubofcik’s broker’s license for 10 years; revoked his eligibility for a real estate salesperson license for 1 year and imposed a $3,000 fine. If a license is thereafter issued, it will be held on probation for a period of two (2) years.  The Commission found that Kubofcik commingled escrow deposits with his own funds, and failed to maintain escrow money received from his principals, in violation of N.J.S.A. 45:15-17(e) (conduct demonstrating unworthiness and dishonesty) (two counts), (o) and (t), and N.J.A.C. 11:5-5.1(a) and (e) (two counts) and 11:5-6.4(a) (two counts).  The Commission also found that Kubofcik demonstrated incompetence in violation of N.J.S.A. 45:15-17(e) because he failed to accurately complete a section of a contract of sale by failing to identify the escrow agent and by failing to accurately identify the deposit made.

May

James T. Kang, unlicensed individual, Bergen County – On May 11, 2010, the Commission approved a Consent Order whereby Kang admitted that he violated N.J.S.A. 45:15-17(n) in that he attempted to procure a real estate license by misrepresenting that there were criminal charges pending against him when he filed his application for licensure as a New Jersey real estate salesperson.  Kang will not be eligible for licensure until June 8, 2010.  If he fails to submit an application for licensure by July 8, 2010, he is required to fully re-qualify by successfully completing the requisite course and examination.  Kang agreed to pay a fine in the amount of $500.

Amer Mir, formerly licensed New Jersey real estate salesperson, Hudson County – On May 18, 2010, the Commission approved a Consent Order whereby Mir admitted to a violation of N.J.S.A. 45:15-17(s) for failure to notify the Commission of the filing of a criminal indictment against him and agreed to pay an administrative penalty of $500. Mir agreed to the suspension of his eligibility to reinstate his New Jersey real estate license pending his conviction and sentence in the criminal matter pending against him.

Benjamin Bentley Worbucks, licensed New Jersey real estate broker, and Worbucks Corporation, licensed New Jersey real estate broker, Bergen County – On May 18, 2010, the Commission approved a Consent Order whereby Benjamin Bently Worbucks and Worbucks Corporation agreed to the temporary suspension of their real estate broker licenses until further Order of the Commission.  The matter was also scheduled for a hearing on a future date. 

April

Rosaleen Light Newby, licensed salesperson, and Robert B. Oquist, licensed broker, Union County – On March 23, 2010, the Commission approved a consent order whereby Oquist admitted to a violation of N.J.A.C. 11:5-4.2(a)(1) for failing to properly supervise Light-Newby with respect to a real estate transaction.  He agreed to pay a penalty of $1,500.  Light-Newby admitted a violation of N.J.A.C. 11:5-6.4(a) for failing to deal fairly with all parties, and agreed to pay a penalty of $3,000.

Howard F. Koval, licensed broker, and Josephine Nicolazzo, licensed broker salesperson, Bergen County – On April 13, 2010, the Commission approved a consent order whereby Nicolazzo agreed to a violation of N.J.A.C. 11:5-4.4 in that she failed to supervise and maintain a bona fide office open to the public, N.J.A.C. 11:5-6.1(a) in that she failed to conspicuously display the regular business name of her firm and her name as broker of record on the exterior of the premises and N.J.S.A. 45:15-17(e) (conduct demonstrating incompetency) and N.J.S.A. 45:15-17(t).  She agreed to pay a fine in the amount of $3,000 and her broker’s license is suspended until June 30, 2011.  She may re-apply to hold a salesperson’s license from and after August 26, 2010.  The Commission also approved a consent order whereby Koval agreed to a violation of N.J.A.C. 11:5-4.1 in that he paid compensation to individuals without written employment agreements and failed to provide written employment agreements to salespersons in his office, and N.J.S.A. 45:15-17(e) (conduct demonstrating unworthiness or incompetency) and (t).  He agreed to pay a total fine in the amount of $7,500.  Koval also agreed to complete the 150 hour broker pre-licensure course.

March

Jeffrey M. Webb, licensed salesperson, Camden County – On March 23, 2010, the Commission approved a Consent Order wherein Webb admitted that he is in violation of N.J.S.A. 45:15-17(s). The Commission ordered Webb to pay a total fine in the amount of $1,500.

Kamlesh Pagarani, licensed salesperson, Bergen County – By Final Order dated March 2, 2010, the Commission imposed a fine of $1,000 and placed Pagarani’s salesperson’s license on probation for two (2) years for her failure to notify the Commission of a criminal indictment, a violation of N.J.S.A. 45:15-17(s). 

Lisa Smith, licensed salesperson, and Jasper Realty, defunct brokerage, Camden County – By Final Order dated March 2, 2010, the Commission found respondents Smith and Jasper Realty jointly liable for violations of N.J.S.A. 45:15-1 and 45:15-3 for engaging in real estate activity and accepting commissions without being licensed as New Jersey real estate brokers and N.J.S.A. 45:15-17(e) for conduct demonstrating unworthiness for licensure and dishonesty.  The Commission found Smith singly liable for the following violations: N.J.S.A. 45:15-17(o), a failure to deposit and maintain client funds in escrow; N.J.S.A. 45:15-17(1), making false statements to a client, misappropriating client funds, issuing a bad check, and failing to reimburse the misappropriated funds; N.J.A.C. 11:5-6.4, failing to protect and promote the interests of her client; and N.J.S.A. 45:15-17(d), failing to account for or to pay over monies coming into her possession as a licensee.  For the foregoing violations, Smith and Jasper Realty were ordered to pay fines of $45,000 and make restitution of $5,000 to a client.  Further, Smith’s salesperson’s license was revoked for life and both Smith’s and Jasper Realty’s eligibility for a broker’s license was revoked for life.

Neil Vogel, licensed broker, Burlington County – On February 23, 2010, the Commission approved a consent order whereby Vogel admitted to violations of N.J.A.C. 11:5-6.4(h)(1), 11:5-6.4(h)(2), and 11:5-6.4(h)(3) for failing to properly treat a buyer’s offer as a back-up offer after another offer was already pending, for failing to notify the second offeror, in writing, to consult an attorney before taking any action on the back-up offer, and for failing to notify the offeror in writing that the property to which offer pertained was the subject of a pending contract of sale and for failing to retain a copy of such written notice as a business record. Vogel agreed to pay a fine of $2,000 and to complete the 30-hour broker pre-licensure education course on agency and ethics.

January

Jorel Miller, formerly licensed salesperson, Hudson County – On May 12, 2009, the Commission found Jorel Miller in violation of N.J.S.A. 45:15-17(n) and N.J.S.A. 45:15-17(s) for procuring a real estate license by misrepresentation and for failing to disclose a criminal conviction to the Commission within thirty (30) days. Miller’s license was suspended for three months and a fine of $750 was imposed.

Kenneth Marshall, formerly licensed salesperson, Atlantic County – On June 2, 2009, the Commission found Marshall in violation of two counts of N.J.S.A. 45:15-17(s) for failing to notify the Commission of his arrest and subsequent conviction by the Municipal Court of Absecon. Additionally, the Commission found Marshall in violation of N.J.S.A. 45:15-17(e) for failing to assist or cooperate in the Commission’s investigation of his conduct. He was fined a total of $2,750 including $500 for failure to notify of the arrest, $750 for failure to notify of the conviction, and $1,500 for failure to cooperate during the investigation. He will also be required to attend and complete the 75 hour pre-licensure course prior to reinstatement of his real estate salesperson’s license.

Thomas Seibel, licensed salesperson, Morris County – On July 28, 2009, the Commission found Thomas Seibel in violation of N.J.S.A. 45:15-17(e) by demonstrating unworthiness due to his conviction in Federal Court for Using Interstate Facilities to Distribute Proceeds of Bribery. Pursuant to N.J.S.A. 45:15-19.1, such a criminal conviction results in the revocation of the licensee’s real estate license. Seibel’s license was revoked for one year from the date of the order and shall be subject to one year of probation should he reapply for and be granted a new license.

Robert Ransom, formerly licensed salesperson, Cape May County – May 5, 2009, the Commission sanctioned Ransom with two fines of $500 each for failure to notify the Commission of his indictment in the Superior Court of New Jersey, Cape May County for three counts of Issuing a Bad Check in the third degree. Ransom’s license is suspended until resolution of the criminal charges.

Lori Mase, licensed salesperson, Union County – On March 3, 2009, the Commission imposed fines totaling $500 for Mase’s failure, under N.J.S.A. 45:15-17(s), to notify the Commission of her criminal conviction for Theft by Deception and of Wrongful Impersonating.  Mase’s salesperson’s license is revoked for a period of five (5) years from the date of her criminal conviction.  Mase shall be able to seek reconsideration of the Commission’s Final Order if her criminal conviction is vacated or reversed.

Max Antoine, licensed salesperson, Essex County – On March 31, 2009, the Commission sanctioned Antoine with a six (6) month license suspension and a fine of $2,000 to be paid prior to reactivation of his license for misrepresenting his licensed status by using a business card and flyer which falsely indicated that he was a licensed broker, a violation of N.J.S.A. 45:15-17(a).  Antoine was also found in violation of N.J.S.A. 45:15-1, N.J.S.A. 45:15-17(t), and N.J.S.A. 45:15-17(e) for engaging in unlicensed activity on December 2007, for mailing the same business card and flyer as well as writing and submitting a check without sufficient funds to the Commission on January 6, 2008.  Antoine failed to repay the funds for over one year indicating a lack of truthfulness as well as demonstrating unworthiness, bad faith, and dishonesty.

Estrella Piemontese, licensed broker, Passaic County – On April 7, 2009, the Commission, after finding Piemontese in violation of N.J.S.A. 45:15-17(a) and (e) (conduct demonstrating incompetency and unworthiness) as well as N.J.A.C. 11:5-4.4(b), 11:5-6.9(j)(3), and 11:5-7.1(d), imposed a fine totaling $25,000 and revoked Piemontese’s brokers license for a period of ten (10) years. The Commission found that Piemontese made two substantial misrepresentations – one to a mortgage company and one to a client - regarding whether a home was a mother/daughter home.  Piemontese failed to determine the legitimate nature of a Pompton Lakes property she was presenting to a buyer. Piemontese also failed to disclose the nature of her agency relationship with the seller of the property to the buyer she was representing. Finally, Piemontese failed to properly maintain her home office in compliance with New Jersey law.  

Wayne Sims, licensed broker, and Duane Guilford, licensed salesperson, Hudson County – On August 10th, 2009, the Commission approved a consent order whereby Sims and Guilford agreed to pay a fine of $2,000 each.  Sims admitted to a violation of N.J.S.A. 45:15-17(e) in failing to insure that a proposed lease was properly completed, which conduct demonstrates incompetency.  Guilford admitted to a violation of N.J.A.C. 11:5-6.9(j) for failing to declare an agency relationship in a lease.  Sims and Guilford agreed to be held jointly and severally responsible to pay the sum of $1,450 as restitution to a former client; and agreed to complete a 30 hour broker pre-licensure education course.