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Real Estate Commission Disciplinary Actions
Please Note: As of July 1, 2014 an amendment to the Administrative Procedures Act (R.S. 52:14B-1 et seq.) now requires all state agencies to post all non-confidential final agency orders, decisions and opinions on the agency’s website.  Therefore, all such final Real Estate Commission orders and decisions entered on or after July 1, 2014 can be accessed by clicking the link provided for that order or decision.
 
2014


July

Robert U. Del Vecchio, a licensed New Jersey real estate broker, by Consent Order dated July 9, 2014, the Commission approved an Order whereby Del Vecchio admitted to pleading guilty to one count of antitrust violations in violation of 15 U.S.C. sec. 1,  where the underlying conduct related to bid rigging at public auctions for the sale of tax liens.  The Commission determined that said conduct underlying his conviction demonstrated unworthiness, dishonesty, bad faith and incompetency  in violation of N.J.S.A. 45:15-17(e) and Del Vecchio admitted his responsibility for these violations.  Del Vecchio agreed to surrender his real estate license with prejudice for life and shall be ineligible for any real estate license.  He is further ordered to divest himself of all ownership interests and shall otherwise comply with N.J.S.A. 45:15-2.3 and 2.4. 

June

Diana Penn, a licensed New Jersey real estate broker and JMG Realty, Inc., a licensed New Jersey real estate broker, Passaic County – By Consent Order dated June 20, 2013, the Commission approved an Order whereby Penn, individually and as broker of record of JMG Realty, admitted they were in violation of N.J.S.A. 45:15-1 in that they employed persons who were engaged in real estate brokerage activity without a real estate licenses. Said persons were acting as “leasing agents” or “leasing consultants” and their duties included showing rental properties to prospective tenants, completing rental paperwork and lease agreements and were not licensed by the New Jersey Real Estate Commission. Penn was required to complete the 30 hour course on office management that is currently part of the broker pre-licensure course on or before December 31, 2014. Any education credits received are not to be applied toward her continuing education credits. A fine in the amount of $2,000 was imposed.

May

April Ward, a licensed New Jersey real estate salesperson, Camden County – By Consent Order dated May 20, 2014, the Commission approved a Consent Order whereby Ward admitted to violation of N.J.S.A. 45:15-17(e) by endorsing an escrow account check which was made payable to “Cash” and collecting those funds, as such conduct demonstrates unworthiness, incompetency, bad faith or dishonesty.  The Commission suspended the real estate salesperson license of Ward and required her to complete a 30-hour course on agency and ethics that complies with N.J.A.C. 11:5-2.1,  within one year from the entry of the Order. Said education credits would not be applied to her continuing education requirements. A fine of $1,200 was imposed.

William Bartus and Bartus Auction Management Group, Union County – By Consent Order dated May 20, 2014, the Commission approved a Consent Order whereby Bartus and Bartus Auction Management Group admitted to a violation of N.J.S.A. 45:15-1 for certain language contained on the former website of Bartus Auction Management Group and Bartus acknowledged that any future real estate activity conducted in New Jersey,  as defined by N.J.S.A. 45:15-3 and N.J.A.C. 11:5-1, would require Bartus to obtain a New Jersey real estate license or act under the direct supervision of a New Jersey licensed real estate professional. The Commission imposed a penalty of $1,500.

Carole Kuiken, a licensed New Jersey broker-salesperson, Ocean County – By Consent Order dated May 6, 2014, the Commission approved a Consent Order whereby Kuiken admitted to failing to properly supervise a salesperson and deposit money which was not collected within the requisite five day period after signing of the contract and also failing to notify the other parties, in violation of N.J.A.C. 11:5-4.5.  The Commission required Kuiken to complete a six hour course on office management within six months from the date of the Order and any education credits earned from the course shall not be applied to her continuing education requirements.

Marc Williams, a licensed New Jersey broker–salesperson,  Ocean County – By Consent Order dated May 6, 2014, the Commission approved a Consent Order whereby Williams admitted to failing to supervise a salesperson and deposit money (both initial and additional) which was not collected within the requisite period of time, in violation of  N.J.A.C. 11:5-4.5. The Commission required Williams to complete a 30 hour course on office management that complied with N.J.A.C. 11:5-2.1, within six months from the date of the Order and education credits from the course shall not applied to his continuing education requirements.  A fine of $2,000 was imposed.

Barbara Gaetano, a licensed New Jersey salesperson, Ocean County – By Consent Order dated May 6, 2014, the Commission approved a Consent Order whereby Gaetano admitted to failing to collect deposit money in two separate transactions in violation of N.J.A.C. 11:5-5.1. The Commission required Gaetano to complete a three hour course on fiduciary management that complies with N.J.A.C. 11:5-2.1 within six months from the date of the Order. Education credits from the course shall not be applied to her continuing education requirements. A fine of $2,000 was imposed.

Ernest Robinson, an unlicensed person, Camden County – By Order dated May 6, 2014,  by Final Order of Determination, the Commission found that Robinson violated N.J.S.A. 45:15-7(e) by negligently failing to disclose a conviction from 10 years prior.  However when the Commission applied the criteria  as required by and set forth in the Rehabilitated Convicted Offenders Act,  N.J.S.A. 2A:168A-1 et seq., it found in favor of granting Robinson a real estate salesperson’s license.

Juan Cruz, a licensed New Jersey real estate salesperson and Michelet Jules, a licensed New Jersey real estate broker and broker of record of Jules Realty, a licensed New Jersey real estate broker, Essex County – By Supplemental Final Order of Determination dated May 20, 2014, the earlier Final Order of Determination issued by the Commission on December 19, 2013 was supplemented to conform more precisely to the oral decision entered on the record on February 12, 2013. The Order was clarified to reflect that the broker’s license of Jules was revoked for three years and Jules was ordered to pay a fine in the amount of $20,000. It was further clarified to reflect that Jules is ineligible for New Jersey real estate licensure in any capacity during the revocation period and the fine must be paid in full prior to any licensure by Jules.  The Final Order of Determination was further clarified to reflect that Cruz’s salesperson license is revoked for two years and was ordered to pay a fine in the amount of $10,000. Cruz shall be ineligible for New Jersey real estate licensure in any capacity during the revocation period and his fine must be paid in full before he is eligible for licensure in any capacity as a New Jersey real estate professional.

April

Richard J. Valvano, a licensed New Jersey referral agent and licensed pre-licensure instructor and approved continuing education instructor, by Consent Order dated April 1, 2014, the Commission approved a Consent Order whereby Valvano admitted that he was charged with harassment in violation of N.J.S.A. 2C:33-4A and said conduct demonstrated unworthiness in violation of N.J.S.A. 45:15-17(e). The Commission revoked Valvano’s real estate license, real estate instructor’s license and continuing education instructor’ s licensed until completion of his criminal probation. He must then make application to REC for licensure and must demonstrate rehabilitation and compliance with all licensure and approval requirements.

In the Matter of James J. O’Leary, by Order dated April 8, 2014, the Commission affirmed the initial denial of O’Leary’s application for licensure as a real estate salesperson and denied his motion for reconsideration.

March

In the Matter of Sholme Braun, by Consent Order dated March 7, 2014, the Commission approved a Consent Order allowing Braun to hold a New Jersey real estate salesperson’s license on a probationary period for one year. During that time Braun is required to inform any employing broker of the probationary period of his license and provide a copy of the Consent Order. The employing broker must advise the REC within 72 hours if they receive information that Braun has violated REC rules and/or statutes and Braun must notify the REC within 72 hours if charged with any crime or disorderly person offense. The Commission imposed a fine of $500.

In the Matter of Jean Paul Stewart, by Order dated March 25, 2014,  the Commission affirmed the initial denial of Stewart’s application for licensure as a real estate salesperson. The Commission reviewed the evidence presented by Stewart in light of the requirements of the Rehabilitated Convicted Offenders Act (ROCA) N.J.S.A. 2A:168A-1 et seq. and found that he had not yet demonstrated sufficient showing of rehabilitation and did not meet the requirements of N.J.S.A. 45:15-9.

February

Estrella Piemontese appealed the Commission’s June 4, 2012 order and decision rendered upon remand by the Appellate Division to Commission on May 12, 2011. On February 28, 2014 the Appellate Division found there was no assertion by Piemontese that the Commission’s decision on remand was erroneous and thus affirmed the Commission’s order of June 4, 2012.

Edward Toledo,
formerly licensed New Jersey real estate salesperson, Hudson County – By Consent Order dated February 5, 2014, the Commission approved a Consent Order whereby Toledo admitted that a final judgment was entered against him for violations of the New Jersey Consumer Fraud Act which included unconscionable commercial practices (involving mortgage rescue practices), deception, false promises and misrepresentation. Said judgment included restitution and civil penalties in addition to a subsequent order which imposed attorney’s fees and investigative costs on Toledo. Toledo further agreed that the conduct underlying the aforementioned action demonstrated unworthiness, bad faith and dishonesty as well as fraud and dishonest dealing, in violation of N.J.S.A. 45:15-17(e) and (l). The Commission revoked his eligibility for a real estate salesperson license and referral agent license for a period of four (4) years.

Anthony DeLuco, formerly licensed New Jersey real estate broker and broker of record of Mark II Realty Co, formerly licensed New Jersey real estate broker, Hudson County – By Consent Order dated February 12, 2014, the Commission approved a Consent Order whereby DeLuco admitted he was indicted in the Superior Court of New Jersey for theft by unlawful taking and theft by failing to make required disposition of property. DeLuco plead guilty to those charges and admitted that the conduct underlying the criminal charges constituted a violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5- 5.1(a) and (c) in that he commingled the money of his principals with his own and failed to maintain those funds in a special account, separate and apart from his own while acting in the capacity of a real estate broker or as escrow agent or temporary custodian of the funds of others in a real estate transaction. Said actions further demonstrated the unworthiness, bad faith and dishonesty of DeLuco, in violation of N.J.S.A. 45:15-17(e). The Commission revoked DeLuco’s broker’s license and his eligibility to hold a salesperson’s license for life and ordered that he comply with the provisions of N.J.S.A. 15-12.3. A fine in the amount of $10,000 was imposed.

January

Kimberly Oakes, formerly licensed New Jersey real estate salesperson, Ocean County – By Final Order of Determination dated January 14, 2014, the Commission found that Oakes violated N.J.S.A. 45:15-17(n) and (a) by procuring a real estate license by fraud, misrepresentation and deceit. The representation on both her examination/application about her criminal history was determined to be negligent misrepresentation. By providing false information on her license application Oakes demonstrated incompetency in violation of N.J.S.A. 45:15-17(e) and N.J.S.A. 45:15-17(h), as she failed to disclose criminal convictions to the Commission. The Commission found her ineligible for licensure as a real estate salesperson until discharged from PTI program in which she is enrolled and imposed a fine of $1,000.

Amgad Zakhari, formerly licensed New Jersey real estate salesperson, Hudson County – By Final Order of Determination and Order Affirming Denial of Reinstatement for Licensure as Real Estate Salesperson dated January 24, 2014, the Commission determined that Zakhari violated N.J.S.A. 45:15-17(e) (three counts) and (s) in that he failed to notify the Commission of criminal charges and was untruthful on his reinstatement application about said charges, demonstrating unworthiness and dishonesty. In addition, the conduct underlying the conviction of the criminal charges also demonstrated unworthiness. The Commission determined Zakhari’s providing of false information on his reinstatement application and the conduct underlying his convictions demonstrated the lack of good moral character, honesty, integrity and trustworthiness required by N.J.S.A. 45:15-9. The Commission found Zakhari to be ineligible for licensure for three (3) years, affirmed the denial of reinstatement of his salesperson’s license and imposed a fine of $1,000.

 
2013


December

Juan Cruz, licensed New Jersey real estate salesperson and Michelet Jules, licensed New Jersey real estate broker and broker of record of Jules Realty, Inc., licensed New Jersey real estate broker, Essex County – By Final Order of Determination dated December 19, 2013, the Commission determined that Jules violated N.J.A.C. 11:5-6.4(f) by failing to submit an offer to purchase to his principal within 24 hours of receipt. The Commission further found that Jules and Cruz violated N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t) by failing to deal fairly with all parties and by placing their own interests above that of their principals.  Cruz and Jules were found to be in violation of  N.J.A.C. 11:5-6.9(b) for failing to obtain informed written consent to dual agency. The Commission also found that Jules demonstrated incompetency by failing to properly supervise his agent Cruz, in violation of N.J.S.A. 45:15-17(e) and in violation of N.J.A.C. 11:5-5.4(b)(5) for his failure to maintain business records. The Commission revoked Jules’ broker’s license for three (3) years and imposed a fine on him in the amount of $20,000. The Commission revoked the salesperson’s license of Cruz for two (2) years and imposed a fine on him in the amount of $10,000.

November

Autumn Urling, licensed New Jersey broker and Urling Real Estate Company, a licensed New Jersey real estate broker, Essex County – By Consent Order dated September 21, 2013 and clarified November 19, 2013, the Commission approved a Consent Order whereby Urling and Urling Real Estate Company agreed that their failure to deposit and maintain funds of others in separate accounts and the commingling of funds of their principals’ money with their own were violations of N.J.S.A. 45:15-12.5, N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c), respectively. Respondents further admitted that their failure to account for or pay over the funds of others violated N.J.S.A. 45:15-17(a).  Urling agreed the conduct referenced above demonstrated unworthiness, incompetency, bad faith and dishonesty as well as fraud and dishonest dealing in violation of N.J.S.A. 45:15-17(e) and (l) and also demonstrated the failure of Urling to promote and protect the interests of her principals. Urling agreed that they failed to maintain and reconcile their trust account checkbook and ledgers and further failed to report the existence of a second escrow account in violation of N.J.A.C. 11:5-5.4(b)(1) and (b)(3) and N.J.A.C. 11:5-5.1(b).  Urling admitted the failure to promptly deposit funds as required by N.J.A.C. 11:5-5.1(e).  The real estate broker’s license of Urling was revoked for a period of ten (10) years; she would be ineligible to have a real estate salesperson or referral agent license for two years from the date of the Consent Order. A fine of $10,000 was imposed.

October

Cycilia Lyn, formerly licensed New Jersey real estate broker and former broker of record of All Net Realty Corp. and American Homes Realty of New Jersey, Inc., Camden County – By Final Order dated October 3, 2013, the Commission determined that Lyn commingled money of her principals with her own in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and said conduct demonstrated unworthiness, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(e) and N.J.A.C. 11:5-6.4(a) in that by said conduct, she failed to protect and promote the interests of her principals. Lyn was also determined to have violated N.J.A.C. 11:5-5.4(b)(1), 11:5-5.4(b)(2), 11: 5-5.4(b)(3) and 11:5-5.4(b)(4) by failing to maintain checkbook stubs and ledger pages for deposits and withdrawals, failing to maintain trust account ledgers, failing to make at least quarterly reconciliations and failing to maintain business records. The Commission determined that Lyn was also in violation of N.J.A.C. 11:5-4.1(d) for her failure to pay commissions to a salesperson within ten (10) days. The Commission revoked Lyn’s license as a real estate broker for life and her eligibility for licensure as a real estate salesperson was revoked for two (2) years.  A fine of $1,000 was imposed.

Abel Garrido, formerly licensed New Jersey real estate broker, Hudson County – By Final Order dated October 14, 2013, the Commission determined that Abel Garrido conducted unlicensed activity in violation of N.J.S.A. 45:15-1 and 3 and failed to account for money belonging to others in his possession and commingled money of his principals with his own, in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(c). Garrido was found to be in violation of N.J.A.C. 11:5-6.4(a) in that through his actions, he failed protect and promote the interests of his principal. The conduct of Garrido further demonstrated unworthiness, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(e) as well as fraud and dishonest dealings, in violation of N.J.S.A. 45:15-17(l). A total fine of $20,000 was imposed and Garrido was ordered to cease and desist from engaging in further actions as a real estate broker or licensee and holding himself out to the public as such.

James R. Brown, formerly licensed New Jersey real estate broker and Jeffrey A. Booker, licensed New Jersey Real estate broker and broker of record of Homequest Realty, licensed New Jersey real estate broker, Middlesex County – By Final Order dated October 4, 2013, the Commission determined that Brown was in violation of N.J.S.A. 45:15-1, 45:15-3 and 45:15-17(t) for engaging in real estate brokerage activity without a real estate license and found that Brown made substantial misrepresentations to members of the public by holding himself out as a real estate licensee without a license, in violation of N.J.S.A. 45:15-17(a). Brown further violated N.J.S.A. 45:15-17(l) for these misrepresentations and for misappropriating funds in a real estate transaction as such conduct demonstrated fraud and dishonest dealings. Brown and Booker were both found to be in violation of N.J.S.A. 45:15-12.3 as Brown occupied office space in a licensed New Jersey real estate broker’s office while his license was revoked. The Commission determined that Booker failed to properly supervise the activities being conducted in the office of Homequest Realty, in violation of N.J.S.A. 11:5-4.2. The Commission imposed a $10,000 fine on Brown and ordered him to cease and desist from any affiliation or presence in a real estate office or from holding himself out as a real estate licensee. The Commission imposed a $1,000 fine on Booker and ordered that he re-take the broker’s pre-licensure course.

Thomas J. Beritelli, licensed New Jersey real estate broker salesperson, appealed to the Superior Court of New Jersey, Appellate Division, the October 5, 2012 Final Order of Determination of the Commission revoking his broker’s license for four years. The Appellate Division affirmed the license revocation of Beritelli by its Decision dated October 7, 2013.

September

Richard McKellar,  licensed New Jersey real estate salesperson – By Consent Order dated September 11, 2013 the Commission approved a Consent Order wherein Richard McKellar admitted and accepted responsibility for his failure to notify the Commission within 30 days of having been indicted for and convicted of a crime, in violation of N.J.S.A. 45:15-17(s). A fine of $1,000 was imposed.

Raul Delacruz, formerly licensed New Jersey real estate salesperson, Bergen County – By Consent Order dated September 12, 2013 the Commission approved a Consent Order wherein Raul Delacruz admitted that he failed to notify the Commission of charges and conviction within 30 days and the conduct underlying the conviction demonstrated unworthiness, in violation of N.J.S.A. 45:15-17(e) and further that he failed to notify the Commission within 30 days of the charges and subsequent conviction which was also a violation of N.J.S.A. 45:15-17(s). Delacruz admitted and accepted responsibility for these violations. Delacruz agreed and accepted that he would not be eligible for any real estate license until he has completed his criminal probation. A fine of $1,000 was imposed.

Edward Toledo, licensed New Jersey real estate salesperson, Hudson County – By Order of Temporary Suspension dated September 25, 2013, the Commission determined that the real estate salesperson’s license of Edward Toledo is suspended pending further Order of the Commission and he shall not engage in real estate brokerage activities in the State of New Jersey, pursuant to N.J.A.C. 11:5-11.9.

July

Gregory Colfer, licensed New Jersey real estate broker, Monmouth County – By Final Order dated July 11, 2013, the Commission determined that Colfer, as broker of record of Phoenix Realty NJ, LLC and broker of record of Dream Team Realty, LLC, failed to maintain offices open to the public as required by N.J.A.C. 11:5-4.4(a) and further violated N.J.A.C. 11:5-3.9 for failure to notify the Real Estate Commission within 5 days of having ceased operations and for failing to file office closing affidavits for  Dream Team Realty LLC and Phoenix Realty NJ, LLC within 30 days of ceasing operations. Colfer was determined to have made a substantial misrepresentation in violation of N.J.S.A. 45:15-17(a) when filing an office closing affidavit for Dream Team Realty LLC  containing false information. Colfer was found to have demonstrated unworthiness, bad faith and dishonesty for failing to submit the application and fee for the licensure of one salesperson and for his failure to submit the license transfer fee of another salesperson, in violation of N.J.S.A. 45:15-17(e). The Commission revoked Colfer’s broker’s license and right to licensure as a salesperson and referral agent for ten (10) years. A fine of $25,000 was imposed.

Patrick J.  Murphy, licensed New Jersey real estate broker and patmurphy.com, Inc.,  licensed New Jersey real estate broker, Camden County – By Amended Order of Temporary Suspension dated July 18, 2013, the Commission suspended the real estate brokers licenses of Patrick J. Murphy and patmurphy.com, Inc. effective June 20, 2013 and amended the prior Order of the Commission entered on June 20, 2013 by ordering that Patrick J. Murphy shall be ineligible for a salesperson and referral agent license during the term of the suspension. The Commission further determined that during the period of suspension Patrick J. Murphy and patmurphy.com, Inc. shall not engage in real estate brokerage activity, pursuant to N.J.A.C. 11:5-11.9.

Leonel Mendoza, licensed New Jersey real estate broker-salesperson, Hudson County – By Consent Order dated July 26, 2013, the Commission approved a Consent Order wherein Leonel Mendoza agreed that he procured a license by misrepresentation and further made a substantial misrepresentation on the May 29, 2012 licensing application, in violation of N.J.S.A. 45:15-17(n) and (a) respectively. Mendoza further agreed that the underlying conduct of his conviction which involved a fraudulent automobile claim demonstrated unworthiness, incompetency, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(e) and his failure to notify the Commission of being charged and of his subsequent conviction violated N.J.S.A. 45:15-17(e). Mendoza agreed that his underlying conduct also demonstrated fraud and dishonest dealing in further violation of N.J.S.A. 45:15-17(l) and his failure to notify the Commission within 30 days of the indictment constituted a violation of N.J.S.A. 45:15-17(s). Mendoza admitted and accepted responsibility for the violations set forth above.  The real estate broker-salesperson’s license of Mendoza was revoked until April 23, 2017 and is ineligible for any real estate license until that date, when he would be eligible to re-apply and re-qualify. The Commission ordered that Mendoza was to divest himself of all ownership interest in compliance with N.J.S.A. 45:15.12.3 and 12.4. A fine of $2,000 was imposed.

June                                                           

Lorrie DeZerga, licensed New Jersey real estate broker, Bergen County – Reconsideration of Final Order of Determination entered on April 10, 2013 was granted by the Commission and on June 28, 2013 said Final Order was revised to allow DeZerga to pay the $10,000 fine previously imposed in installments.  The Commission further ordered that DeZerga to comply with N.J.S.A. 45:15-12.3.

Mohammad A. Choudry, formerly licensed New Jersey real estate salesperson – By Consent Order dated June 3, 2013, the Commission approved a Consent Order whereby Choudry agreed that his failure to notify the Commission within 30 days of the filing of charges against him and his conviction, was a violation of N.J.S.A. 45:15-17(s) and that the underlying conduct which lead to his conviction, his failure to notify the Commission within 30 days of both the indictment and of the conviction, demonstrated unworthiness and dishonesty, violations of N.J.S.A. 45:15-17(e). Choudry further agreed that his substantial misrepresentation in failing to disclose his indictment upon the renewal of his license in 2011 and his securing of a licensed by misrepresentation were violations of N.J.S.A. 45:15-17(a) and (n). Choudry agreed that his conduct demonstrated that he did not possess the requisite good moral character, honesty, integrity and trustworthiness that licensees must possess pursuant to N.J.S.A. 45:15-9 and the Commission is empowered to revoke his license based on the foregoing, pursuant to N.J.S.A. 45:15-19.1, as his conviction involved the crime of wire fraud. Choudry admitted and accepted responsibility for the violation outlined and agreed to the Commission revoking his license until August 19, 2016, at which time he may reapply. The Commission imposed a fine of $1,500.

April

Dennis Gaggini, Jr., formerly licensed New Jersey real estate broker and instructor, Cumberland County – By Final Order dated April 9, 2013, the Commission determined that Gaggini failed to account for or pay over the funds of others in a real estate transaction in violation of N.J.S.A. 45:15-17(d) and commingled the money of his principals with his own and failed to turn over those funds to the owner of the property in violation of N.J.A.C. 11:5-5.1(c)and N.J.S.A. 45:15-17(o). Gaggini further violated N.J. A.C. 11:5-6.4(a) by failing to protect and promote the interests of his principal by failing to deposit and maintain rent monies and failing to turn over those funds to the owner. Gaggini’s conduct demonstrated unworthiness and thus violated N.J.S.A. 45:15-10.11 and 45:15-17(e). The Commission imposed a fine of $2,500 and revoked his real estate broker’s license and instructor license for five years. 

Lorrie DeZerga, licensed New Jersey real estate broker and Pristine Homes and Estates, Inc., licensed New Jersey real estate broker, Bergen County – By Final Order dated April 10, 2013, the Commission determined that DeZerga and Pristine Homes and Estates violated N.J.S.A. 45:15-12.5 for failure to deposit and maintain in separate accounts funds of others received while acting in the capacity of a real estate broker;  DeZerga and Pristine Homes further violated N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c) as they commingled the money of their principals with their own and failed to maintain in special accounts. DeZerga and Pristine Homes were also found to have violated N.J.S.A. 45:15-17(d) for failure to account for or pay over the funds of others in various transactions. The Commission determined that the conduct of DeZerga and Pristine Homes set forth above, demonstrated unworthiness, bad faith, dishonesty, fraud and dishonest dealings in violation of N.J.S.A. 45:15-17(e) and (l). Further, the Commission found such conduct by DeZerga and Pristine Homes violated N.J.A.C. 11:5-5.4(b) in that they failed to protect and promote the interests of their principals. DeZerga and Pristine Homes were found to be in violation of N.J.A.C. 11:5-5.4(b)(1) and (b)(3) for failing to record required information on trust account checkbooks and ledgers as well as for their failure to make quarterly reconciliations. The Commission determined that DeZerga and Pristine Homes failed to report to the Real Estate Commission change in existing accounts and further failed to deposit funds within five (5) days as required, in violation of N.J.A.C. 11:5-5.1(b) and (e), respectively. The Commission revoked the broker’s license of DeZerga for life and revoked her salesperson’s license for one year. A fine of $10,000 was imposed, to be paid prior to her licensure as a salesperson.

Richard Speedie, licensed New Jersey real estate salesperson, Somerset County – By Final Order dated April 18, 2013 the Commission determined that Speedie failed to turn over deposit money to his broker for deposit into the escrow account and further failed to account for deposit money, in violation of N.J.S.A. 45:15-12.8 and 45:15-17(d). Speedie was found to have violated N.J.A.C. 11:5-6.4 for failing to protect the best interests of his clients and this conduct further demonstrated incompetency in violation of N.J.S.A. 45:15-17(e). The Commission revoked the real estate salesperson’s license of Speedie for three (3) years and fined him the sum of $3,000.

 
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