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Real Estate Commission Disciplinary Actions
Please Note: As of July 1, 2014 an amendment to the Administrative Procedure 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. Orders or decisions issued on such matters prior to July 1, 2014 are available upon request to the Real Estate Commission.
 
2015


July

Grayce Kelleher, a licensed New Jersey real estate Broker-Salesperson, Cape May County – By Consent Order dated July 29, 2015, Kelleher admitted to being in violation of N.J.A.C. 11:5-6.4(a) by collecting the second deposit on a listing late. A $1,000 fine was imposed.

Edward Francis Stinson, a licensed New Jersey real estate Broker-Salesperson, Marie Bontigao, a formerly licensed New Jersey real estate Salesperson, and April Ward, a licensed New Jersey real estate Salesperson, Camden County – By Final Order dated July 28, 2015, the Commission determined that Respondents Stinson and Bontigao 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. The Commission determined that the conduct of Stinson and Bontigao 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 Stinson and Bontigao violated N.J.A.C. 11:5-6.4(b) in that they failed to protect and promote the interests of their principals. Respondent Stinson was found to be in violation of N.J.A.C. 11:5-4.2 and 11:5-4.4(a) in that he failed to properly supervise the activities of Respondents Bontigao and Ward. Further, Respondent Stinson was found to be in violation of N.J.A.C. 11:5-5.4(b)(1), (b)(2), (b)3 and (b)4 for failing to record required information on trust account checkbooks and ledgers as well as for failure to make quarterly reconciliations and maintain business records as required by the regulations. The Commission imposed a lifetime revocation of any and all real estate licenses presently or formerly held by Respondents Stinson and Bontigao. A fine of $25,000 was imposed for Stinson and a $20,000 fine was imposed for Bontigao. *Respondent Ward was originally named in this complaint but entered into a Consent Agreement with the Real Estate Commission on May 20, 2014.

Sabrina Tiflinsky, a licensed New Jersey real estate Salesperson, Bergen County – By Consent Order dated July 28, 2015, Tiflinsky admitted to being in violation of N.J.A.C. 11:5-6.4(a) by failing to collect deposit money on a listing and failing to disclose her relationship with the buyer. Tiflinsky also admitted being in violation of N.J.S.A. 45:15-17(a) by substantially misrepresenting information in the contract of sale for above listing. Tiflinsky’s license is suspended for three (3) months and she is required to complete the thirty (30) hour Agency and Ethics broker pre-licensing course in addition to the required Continuing Education courses. A $5,000 fine was imposed.

Kathleen Costa, a licensed New Jersey real estate Broker-Salesperson, Bergen County – By Consent Order dated July 28, 2015, Costa admitted to being in violation of N.J.A.C. 11:5-4.5 by failing to supervise the activities of Respondent Tiflinsky as branch office manager. Costa is required to complete the thirty (30) hour Agency and Ethics broker pre-licensing course in addition to the required Continuing Education courses. A $2,000 fine was imposed.

June

Kwan “Leo” Yeo, a licensed New Jersey real estate Salesperson, Bergen County – By Consent Order dated June 23 , 2015, Yeo admitted to being in violation of N.J.A.C. 11:5-5.1(c) 2 & 3 by failing to deposit the funds of others into the designated escrow account of his broker. A $1,000 fine was imposed.

Kim Cook, a licensed New Jersey real estate Salesperson, Hunterdon County – By Consent Order dated June 23, 2015, Cook admitted to being in violation of N.J.A.C. 11:5-6.4(a) by failing to deal fairly with the seller; and N.J.S.A. 45:15-17(a) by making a negligent misrepresentation by indicating a deposit was in on a contract of sale when it was not. A $1,000 fine was imposed.

Norman J. Goldberg, a licensed New Jersey real estate Broker, Hunterdon County – By Consent Order dated June 23, 2015, Goldberg admitted to being in violation of N.J.A.C. 11:5-4.2 by failing to supervise a salesperson in his employ; and, N.J.S.A. 45:15-12.5 and N.J.A.C. 11:5-5.1 in that he failed to maintain an escrow account as required by statute. A $1,500 fine was imposed.

Ramon Hazell, a formerly licensed New Jersey real estate Salesperson, Morris County – By Consent Order dated June 23, 2015, Hazell admitted to being in violation of N.J.S.A. 45:15-17(e) in that his conduct demonstrated dishonesty. Hazell’s license is revoked until he completes the term of his criminal probation.

May

Russell A. Beierle, a licensed New Jersey real estate Broker, Sussex County – By Consent Order dated May 19, 2015, Beierle admitted to being in violation of N.J.S.A. 45:15-17(e) by failing to comply with a duly served subpoena. A $500 fine was imposed.

Hui Geller, a licensed New Jersey real estate Salesperson, Monmouth County – By Consent Order dated May 19, 2015, Geller admitted to being in violation of N.J.A.C. 11:5-6.4 by failing to collect all deposits as required in the contract; and N.J.S.A. 45:15-17(a) by preparing and presenting an executed contract indicating said deposit, which was never obtained, was held by the agency. A $2,000 fine was imposed.

Hans H. Gross, a licensed New Jersey real estate Broker, Sussex County – By Consent Order dated May 19, 2015, Gross admitted to being in violation of N.J.S.A. 45:15-17(e) by failing to comply with a duly served subpoena. A $500 fine was imposed.

Irina Krongauz, a licensed New Jersey real estate Salesperson, Monmouth County – By Consent Order dated May 19, 2015, Krongauz admitted to being in violation of N.J.A.C. 11:5-6.4 by failing to collect all deposits as required in the contract; and N.J.S.A. 45:15-17(a) by preparing and presenting an executed contract indicating said deposit, which was never obtained, was held by the agency. A $2,000 fine was imposed.<

Jonathan Loori, a licensed New Jersey real estate Salesperson, Monmouth County – By Consent Order dated May 19, 2015, Loori admitted to being in violation of N.J.S.A. 45:15-17(c), demonstrating unworthiness; and violating  N.J.S.A. 45:15-17(e) by failing to notify the Commission of being charged, demonstrating incompetency; and violating N.J.S.A. 45:15-17(s)- two counts- by failing to notify the Commission within 30 days of the accusation and conviction. Loori’s license is revoked until the term of his criminal probation is completed. Should Loori wish to reinstate at that time, proof of completion of probation must be provided and Loori must requalify for licensure. A $1,000 fine was imposed.

Eleanor Murray, a licensed New Jersey real estate Broker, Camden County – By Consent Order dated May 19, 2015, Murray admitted to being in violation of N.J.A.C. 11:5-6.4(f) by failing to enter a property into the Multiple Listing Service within 48 hours of the effective date of the listing. A $500 fine was imposed.


April

Joseph Cassese, a licensed New Jersey real estate Broker, Ocean County – By Consent Order dated April 21, 2015, Cassese admitted to being in violation of N.J.S.A. 45:15-17(c & e) by failing to obtain the permission of the owner before listing the property for rent. A $500 fine was imposed.

Ann Degener
, a licensed New Jersey real estate Salesperson, Cape May County – By Consent Order dated April 21, 2015, Degener admitted to being in violation of N.J.A.C. 11:5-6.4(c) by failing to disclose material information with respect to a rental property. A $500 fine was imposed.

Jeffrey Fox
, a licensed New Jersey real estate Broker, Monmouth County – By Consent Order dated April 21, 2015, Fox admitted to being in violation of N.J.A.C. 11:5-4.2(a) by failing to supervise the activities of salespersons under his employ, specifically with respect to collection of deposit monies required under contracts. A $2,000 fine was imposed.

Anthony L. Houser,
a licensed New Jersey real estate Salesperson, Cumberland County By Consent Order dated April 21, 2015, Houser admitted to being in violation of N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t) by failing to protect and promote the interests of buyers, clients who he had undertaken to represent, and violating N.J.A.C. 11:5-6.4(c) in not disclosing all information material to the physical condition of a property. Houser is required to complete a 30-hour pre-licensure Broker course on ethics and agency law in addition to any required continuing education courses. A $3,000 fine was imposed.

Delores Lanzalotti
, a licensed New Jersey real estate Broker, Cape May County – By Consent Order dated April 21, 2015, Lanzalotti admitted to being in violation of N.J.A.C. 11:5-4.2(a) by failing to supervise the activities of salespersons under her employ, specifically with respect to disclosure of material information with respect to a rental property. A $500 fine was imposed.

March

Maritess Garcia, a licensed New Jersey real estate Broker-Salesperson and licensed New Jersey Real Estate School Director/Instructor, Union County – By Consent Order dated March 3, 2015, Garcia admitted acting in violation of N.J.S.A. 45:15-11.11(c) by failing to fulfill her obligation to provide a complete pre-licensure course. A $500 fine was imposed.

Jason Nazzaro, a licensed New Jersey real estate Broker, Bergen County – By Consent Order dated March 3, 2015, Nazzaro admitted acting in violation of N.J.S.A. 11:5-5.1 and N.J.S.A. 45:15-12.5 by failing to maintain an escrow account. A $1,000 fine was imposed.

Blake Shanaphy, an unlicensed person, Morris County – By Consent Order dated March 3, 2015, Shanaphy admitted violating N.J.S.A. 45:15-17(n) in that he attempted to obtain a real estate license by failing to report a prior conviction on the licensing application. A fine of $500 was imposed. 

February

David Lluberes, a licensed New Jersey real estate Salesperson, Union County – By Consent Order dated February 24, 2015, Lluberes admitted to violating  N.J.A.C. 11:5-5.1(e) by failing to collect and deposit the funds in a transaction within five business days and violating N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t) by failing to deal with all parties in the aforementioned transaction. Lluberes is required to complete a three hour course in agency within six months in addition to the mandatory twelve hour continuing education required of every licensee. A fine of $750 was imposed.

Cara N. Moxley, a licensed New Jersey real estate Broker, Union County – By Consent Order dated February 24, 2015, Moxley admitted to violating N.J.A.C. 11:5-4.4 by failing to properly supervise a licensee with respect to collections and deposits in an escrow account.

Adele De Moro, a licensed New Jersey real estate Broker, Monmouth County – By Consent Order dated February 24, 2015, De Moro admitted to being in violation of N.J.A.C. 11:5-4.2(a) by failing to supervise the activities of salespersons under her employ, specifically the failure of her salesperson to collect all deposit money required under the contract prepared by her office. A $2,000 fine was imposed.

Carol Kozlowski, a licensed New Jersey real estate Salesperson, Monmouth County – By Consent Order dated February 24, 2015, Kozlowski admitted to being in violation of N.J.A.C. 11:5-6.4 by failing to collect all deposits as required in the contract and N.J.S.A. 45:15-17(a) by preparing and presenting an executed contract indicating the brokerage was holding a deposit which was never obtained. A $2,000 fine was imposed.

James Lam, a licensed New Jersey real estate Broker, Bergen County – By Consent Order dated February 24, 2015, Lam admitted to being in violation of N.J.A.C. 11:5-4.1(a)4 and (e) by using an employment agreement that did not contain a provision that any future changes would not be binding unless agreed to by all parties and failing to provide an accounting of commissions due within 30 days of termination of employment. A $1,500 fine was imposed.

Dawn McCann, a licensed New Jersey real estate Broker, Burlington County – By Consent Order dated February 24, 2015, McCann admitted to being in violation of N.J.S.A. 45:15-17(e) by failing to obtain the signature of the co-owner of a property prior to listing the property. A $500 fine was imposed.

 
2014


December

Deborah Bajada, a licensed New Jersey Salesperson, Ocean County – By Consent Order dated December 16, 2014, Bajada admitted to being in violation of N.J.S.A. 45:15-17(m) by accepting a commission in advance from an entity other than her employing broker. A $1,500 fine was imposed.

Robert J. Frye, a licensed New Jersey real estate Broker, Burlington County – By Consent Order dated December 16, 2014, Frye admitted to being in violation of N.J.A.C. 11:5-4.1(a), 11:5-4.1(d), (e) and (f) by failing to pay commissions earned by a salesperson in his employ on eight (8) separate transactions, and by his failure to provide the required notifications to a Salesperson when commissions were withheld. A $1,500 fine was imposed.

Elisabeth Kerr, a licensed New Jersey real estate Salesperson, Mercer County – By Consent Order dated December 16, 2014, Kerr admitted to being in violation of N.J.A.C. 11:5-6.4(b) by failing to ascertain that FHA financing was not available in certain sections of the Brandon Farms community despite purchaser’s clearly stated desire to obtain FHA financing. A $500 fine was imposed.

Lydine Petrutz, a licensed New Jersey real estate Salesperson, Gloucester County – By Consent Order dated December 16, 2014, Petrutz admitted to being in violation of N.J.S.A. 45:15-17(a) in that she made a material misrepresentation in contacting a listing broker to obtain lockbox access to a listed property. Petrutz’s real estate salesperson license is suspended for three (3) months and she is required to complete the thirty (30) hour course on agency and ethics in addition to the mandatory twelve (12) hours of continuing education. A fine of $1,500 was imposed.

Christopher Pillari, a licensed New Jersey Salesperson, Bergen County – By Consent Order dated December 16, 2014, Pillari admitted being in violation of N.J.S.A. 45:15-17(a) by representing in a listing that no additional Board Association charges were due when in fact additional fees were required at closing. A $500 fine was imposed.

Pinal Shah, a licensed New Jersey Salesperson, Bergen County – By Consent Order dated December 16, 2014, Shah admitted to being in violation of N.J.S.A. 45:15-17(a) and N.J.A.C. 11:5-6.4(b) by representing that a storage facility was included when said unit was not included in the transaction. A $500 fine was imposed.

October

JeanneMarie Phelan, a licensed New Jersey real estate Salesperson, Passaic County – By Consent Order dated October 21, 2014, Phelan admitted to violating N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t) by failing to protect and promote the interests of the property owners and violating N.J.S.A. 45:15-17(e) in that the aforementioned demonstrated unworthiness. Phelan’s license is suspended for a period of six (6) months and completion of the 30 hour Broker course on Agency and Ethics is required prior to the issuance of any further real estate professional license in New Jersey. A fine of $5,000 was imposed.

Robert J. Lindsay, a licensed New Jersey real estate Broker-Salesperson, Passaic County – By Consent Order dated October 21, 2014, Lindsay admitted to violating N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t) by failing to protect and promote the interests of the property owners and violating N.J.S.A. 45:15-17(e) in that the aforementioned demonstrated unworthiness, bad faith or dishonesty. Lindsay’s license is revoked for a period of one (1) year and completion of the 30 hour Broker course on Agency and Ethics is required prior to the issuance of any further real estate professional license in New Jersey. Should Lindsay wish to obtain a New Jersey Real Estate Broker’s license following suspension, he is required to requalify by taking the 150 hour pre-licensure course and passing the New Jersey exam. A fine of $10,000 was imposed.

August

Jeffrey Ray, an unlicensed person, and NJ Rentals, North Jersey Rentals, NJ Executives Rental Management, LLC and NJRENTALS.biz, unlicensed entities, Essex County – By Final Order of Determination dated August 22, 2014, the Commission found that Ray violated N.J.S.A. 45:15-1 and 3 and N.J.S.A. 45:15-17(t) by engaging in real estate activity through unlicensed entities; violated N.J.S.A. 45:15-1.2 by engaging in real estate activity through an unlicensed entity; violated N.J.S.A. 45:15-17(e) in that his conduct demonstrated unworthiness, bad faith and dishonesty. Ray is ordered to cease and desist from engaging in all unlicensed real estate activities, which extends to all business entities of which Ray is principal officer. Restitution in the amount of $300 total was ordered to injured parties. A $10,000 fine was imposed. 

Rakesh C. Shah, a licensed New Jersey real estate salesperson, Middlesex County – By Consent Order dated August 14, 2014, the Commission approved a Consent Order whereby Shah admitted he failed to notify the Commission of his having been charged and convicted of a crime (violation of 18 U.S.C. 666) on his license renewal applications for 2011-2013, in violation of  N.J.S.A. 45:15-17 (e) and further failed to notify the Commission within 30 days of filing of the information and within 30 days of his conviction, in violation of N.J.S.A. 45:15-17(s). Shah admitted the conduct underlying his conviction also demonstrated unworthiness and dishonesty, in violation of N.J.S.A. 45:15-17(e). Shah’s license was revoked for a period of two (2) years and a fine in the amount of $1,500 was imposed.  

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. 

Mary M. Beety, a licensed New Jersey real estate broker, Bergen County – By Final Order of Determination dated July 16, 2014, the Commission determined Beety violated N.J.S.A. 45:15-17e in that she demonstrated incompetency by failing to cooperate with the Commission investigation and further found she violated N.J.S.A. 45:15-17e in that she demonstrated incompetency by failing to comply with a subpoena issued by the Commission. Beety’s broker license was placed on probation for a period of two (2) years and Beety is required to submit a letter from an accountant on a semi-annual basis indicating her records have been reviewed and are in order. A fine of $2,500 was imposed. 

Richard Bilofsky, a licensed New Jersey real estate broker, Essex County – By Final Order of Determination dated July 16, 2014, the Commission found Bilofsky not guilty of violating N.J.S.A. 45:15-17 (e), incompetency, because there was insufficient evidence he allowed Piarulli and Frasagi Property Management to operate an unlicensed property management service in shared office space with his real estate office. 

Paul W. Hagdorn, a licensed New Jersey real estate broker-salesperson, Hudson County – By Final Order of Determination dated July 23, 2014, the Commission determined Hagdorn violated N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c) in that he comingled the money of his principals with his own, failed to maintain a special account separate and apart from personal and other business accounts in his capacity as a real estate broker or as an escrow agent or temporary custodian of the funds of others in a real estate transaction; violated N.J.S.A. 45:15-17(d) in failing to account for or to pay over escrow deposit monies coming into his possession; demonstrated unworthiness, bad faith and dishonesty by his actions in violation of N.J.S.A. 45:15-17(e); violated N.J.S.A. 45:15-17 (l) in that the aforementioned conduct demonstrates fraud and dishonest dealings; by his actions Hagdorn failed to protect and promote the interests of his principals, thus violating N.J.A.C. 11:5-6.4(a). Hagdorn’s broker license was revoked for five (5) years and he is ineligible to apply for a salesperson’s license for a period of two (2) years. Payment of restitution in the amount of $5,537.45 was ordered and a fine in the amount of $10,000 was imposed.  

Anthony T. Lam, a licensed New Jersey real estate referral agent, Bergen County – By Consent Order dated June 27, 2014, the Commission approved a Consent Order whereby Lam admitted he failed to notify the Commission of his having been charged and convicted of a crime (violation of 18 U.S.C. 666) on his license renewal applications for 2009-2011 and 2013-2015, in violation of  N.J.S.A. 45:15-17 (e) and further failed to notify the Commission within 30 days of filing of the information and within 30 days of his conviction, in violation of N.J.S.A. 45:15-17(s). Lam admitted the conduct underlying his conviction also demonstrated unworthiness and dishonesty, in violation of N.J.S.A. 45:15-17(e). Lam’s license was revoked for a period of two (2) years and a fine in the amount of $2,000 was imposed.  

Joseph Piarulli, formerly licensed New Jersey real estate salesperson and Frasagi Property Management, an unlicensed real estate entity, Hudson County – By Final Order of Determination dated July 16, 2014, the Commission found that Piarulli and Frasagi Property Management violated N.J.S.A. 45:15-1, 45:15-3 and 45:15-17(t) in that they engaged in real estate brokerage without a real estate license and violated N.J.S.A. 45:15-17(a) by making substantial misrepresentations to the public while not licensed. They violated N.J.S.A. 45:15-17(l) demonstrating fraud and dishonest dealings; and violated N.J.S.A. 45:15-17 (e) unworthiness, in failing to comply with a duly issued subpoena – demonstrating bad faith and dishonesty. Piarulli and Frasagi Property Management were ordered to cease and desist from engaging in the real estate brokerage business. The Commission revoked Piarulli’s eligibility to hold a New Jersey real estate license for life. Joint and several fines in the amount of $10,000 were imposed. 

Patricia Plante, a licensed New Jersey real estate broker-salesperson, Somerset County – By Final Order of Determination dated July 31, 2014, the Commission administratively determined that Plante violated N.J.A.C. 11:5-4.5 by failing to properly supervise as the branch office manager. A fine of $1,000 was imposed. 

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.

 
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