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2019 Real Estate Commission
Disciplinary Actions |
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| 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. |
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| November |
The following Order to Show Cause was issued: |
| N.J.R.E.C. v. Avis Gardell and Pamela Noumair – SOM-19-016 |
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| October |
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The following Orders to Show Cause were issued: |
| N.J.R.E.C. v. Richard Bradin – CAM-19-015 |
| N.J.R.E.C. v. Donald Pojednic – OCE-19-017 |
| N.J.R.E.C. v. Franklin H. Levin – CAP-19-019 |
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| August |
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The following Orders to Show Cause were issued: |
| N.J.R.E.C. v. Marco Medrano – MER-19-011 |
| N.J.R.E.C. v. Paul Bader – MID-19-014 |
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| June |
Asmina Tan, a licensed New Jersey real estate Salesperson, Middlesex County – By Consent Order dated June 12, 2019, Respondent Tan admits to acting in violation of N.J.S.A. 45:15-17(s) by failing to notify the Commission within thirty days of the filing of criminal charges against her; and, in violation of N.J.S.A. 45:15-17(e) in that the aforementioned behavior demonstrates unworthiness, bad faith and dishonesty. Her license will be held on a probationary basis for one year after a period of suspension. Tan agrees to a fine of $500.
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| The following Order to Show Cause was issued: |
| N.J.R.E.C. v. Marcus Jones – MID-19-009 |
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| May |
Michael Danziger, a licensed New Jersey real estate Broker, Monmouth County – By Consent Order dated May 16, 2019, Respondent Danziger admits to violations of N.J.A.C. 11:5-6.4(a), in that Danziger failed to deal fairly with all parties subject to a transaction; and, in violation of N.J.S.A. 45:15-17k in that he paid money out of his sale commission for the transaction without entering into a written agreement for the payment of a rebate, which was not paid in the form of a credit. Danziger shall complete 3 hours of continuing education in the area of agency law and relationships, which will not count towards the continuing education requirement for license renewal. Danziger agrees to pay a fine in the amount of $7,500.
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| The following Order to Show Cause was issued: |
| N.J.R.E.C. v. Paula Lyden – ESS-19-012 |
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| April |
Jennifer J. Colamedici, a licensed New Jersey real estate Broker, Union County – By Consent Order dated May 3, 2019, Respondent Colamedici admits to a violation of N.J.A.C. 11:5-4.5(e) in that she failed to record the name of the branch office supervisor with the Real Estate Commission. Colamedici agrees to pay a fine in the amount of $1,000.
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| The following Orders to Show Cause were issued: |
| N.J.R.E.C. v. Michael L. McGavisk – CAM-19-010 |
| N.J.R.E.C. v. Henry Song – HUD-19-003 |
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| March |
Mary A. Tyler and Fazzio Preferred Properties, LLC, licensed New Jersey real estate Brokers, Camden County – By Consent Order dated March 14, 2019, Respondent Tyler admits to having acted in violation of N.J.A.C. 11:5-5.4(b)(2), (3) and (4) in that she failed to ensure that a general ledger or separate transaction ledger for the Fazzio Properties trust account was maintained; that quarterly reconciliations of the Fazzio Properties trust account were completed; and that she failed to maintain all bank statements, cancelled checks and duplicate deposit slips for the Fazzio Properties trust account in accordance with Commission regulations. Tyler admits to having a salesperson in her employ to commence real estate sales activity on behalf of Fazzio Properties without executing a written agreement, in violation of N.J.A.C. 11:5-4.1; and a violation of N.J.S.A. 45:15-17e, incompetency, in that she admitted to the Commission investigator that she did not know what records were required to be maintained and did not fully understand her responsibilities as broker of record. Tyler agrees to complete 150 hours of broker pre-licensure education within one year of the date of the Order which will not count towards her required hours for renewal and to pay a fine in the amount of $1,500.
Agnieszka Popczyk, a licensed New Jersey real estate Broker, Mercer County – By Consent Order dated March 12, 2019, Respondent Popczyk admits to having acted in violation of N.J.A.C. 11:5-6.4(a) by providing a lockbox code to a potential buyer without the permission of the property owner. Popczyk agrees to complete six hours of Continuing Education in the specific area of agency which will not count towards her required hours and to pay a fine in the amount of $2,500.
William A. Pricoli, licensed New Jersey real estate Salesperson, Camden County – By Consent Order dated March 14, 2019, Respondent Pricoli admits to having acted in violation of N.J.S.A. 45:15-17e, incompetency, in that he assumed responsibility for preparing the financial books and records for Fazzio Properties and failed to: a) maintain a general ledger or separate transaction ledger for the Fazzio Properties trust account; b) complete quarterly reconciliations of the Fazzio Properties trust account; and, c) failed to maintain all bank statements, cancelled checks and duplicate deposit slips for the Fazzio Properties trust account in accordance with Commission regulations. Pricoli admits to a violation of N.J.A.C. 11:5-5.5(a) by failing to make all records of transactions, books of accounts, instruments, documents and forms utilized or maintained by Pricoli and by Fazzio Properties available for inspection by the Commission investigator at the time of the office inspection. Pricoli agrees to complete 30 hours of broker prelicensure coursework in the specific area of office management within one year of the date of the Order which will not count towards his required hours for renewal and to pay a fine in the amount of $1,500.
Della M. Walker, Jr., a licensed New Jersey real estate Broker, Essex County – By Consent Order dated March 4, 2019, Respondent Walker admits to a violation of N.J.S.A. 45:15-1 and 3 by acting outside the scope of her license by engaging in property management for compensation through her unlicensed company and not through her employing broker; and, in violation of N.J.S.A. 45:15-17m by accepting compensation for her property management activity directly from the rental property owner and not through her employing broker. Walker’s real estate license is suspended for a period of three months effective the date of the Order. Walker agrees to complete three hours of Continuing Education in the specific area of agency which will not count towards her required hours and to pay a fine in the amount of $2,500.
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| January |
Anthony Gallego, a licensed New Jersey real estate Salesperson, Union County – By Final Order of Determination dated January 24, 2019, the Commission determined Respondent Gallego acted in violation of N.J.S.A 45:15-17e unworthiness, bad faith and dishonesty by committing insurance fraud and in violation of N.J.S.A. 45:15-17l in that his conduct constitutes fraud and dishonest dealings. Respondent Gallego’s license is revoked for two years from the date of the Order.
Matthew Bariso, a licensed New Jersey real estate Salesperson, Passaic County – By Consent Order dated January 24, 2019, Respondent Bariso admits to a violation of N.J.S.A. 45:15-17f and N.J.A.C. 11:5-6.2(a)1 and 4 by failing to provide a copy of the offer or the fully executed contract immediately upon it being signed. Bariso also admits to a violation of N.J.AC. 11:5-6.2(a)5 by failing to have an alteration to the contract initialed by all parties to the transaction. Bariso agrees to pay a $1,000 fine.
Vanessa Brown, a formerly licensed New Jersey real estate Broker, Morris County – By Consent Order dated January 24, 2019, Respondent Brown admits to the following violations: N.J.A.C. 11:5-5.1(e) by failing to deposit Buyers' deposit check into her broker trust account within five days of receipt; and, N.J.S.A. 45:15-17d by failing to account for and/or pay over Buyers' deposit funds to the Seller; and, N.J.S.A. 45:15-17o by commingling deposit monies of principals with her own and failing to segregate and maintain deposits in a separate account; and, N.J.A.C. 11:5-5.4(e) and 5.5(a) by failing to maintain financial books and records as required by N.J.A.C. 11:5-5.5(a) for Brown Realty, and failing to make those records available for inspection by Commission investigators; and, N.J.S.A. 45:15-17a by making false promises that the Seller’s funds would be released to the Seller within three days of the closing and not releasing those funds; and, N.J.A.C. 11:5-6.4(a) in that by misappropriating the Buyers’ deposit monies and engaging in the conduct described, Brown failed in her fiduciary duty to the Buyers to protect and promote their interests as her own. Brown’s Broker license is revoked for a period of five years from the date of the Order. Brown agrees to complete sixty hours of prelicensure education to include thirty hours of agency and ethics and thirty hours of office management which would not count towards her mandatory continuing education requirements. Brown’s salesperson license is suspended until September 1, 2020, at which time Brown must complete all required continuing education and fine payments in order for a license to be issued. Any license issued to Brown upon completion of the above terms would be held on a probationary basis for a period of one year from the date of issuance. Brown agrees to pay a fine in the amount of $7,500.
| The following Order to Show Cause was issued: |
| N.J.R.E.C. v. Marc Sorrentino – MON-18-017 |
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