Tito B. Santiago, a licensed New Jersey Real Estate Salesperson, Camden County – By Final Order of Determination dated July 23, 2020, the Commission found Santiago in violation of N.J.S.A. 45:15-17(e) in that his conduct demonstrated unworthiness and incompetency when he purposefully obtained an electronic lockbox code and alarm code and provided same to his clients for the purpose of allowing them unauthorized and unsupervised access to a property; and, in violation of N.J.A.C. 11:5-6.4(a) in that by allowing clients to enter and view the property of another, unaccompanied and without an authorized licensee, he failed to deal fairly with all parties to the transaction. Santiago’s license is suspended for a period of thirty days from the issuance of the Order. Any license issued following suspension shall be held on probation for a period of two years. Santiago is to complete six hours of Continuing Education – three each in the content areas of Ethics and Agency – within six months which will not count towards his required hours for renewal. A $1,500 fine is imposed.

Gregory Schoultz, a formerly licensed New Jersey Real Estate Broker, Cape May County – By Final Order of Determination dated July 23, 2020, the Commission found Schoultz in violation of N.J.S.A. 45:15-17(o), N.J.A.C. 11:5-5.1(a) and N.J.A.C. 11:5-5.1(c) in that he commingled the monies of his principals with his own and failed to maintain in a special account, separate and apart from personal or other business accounts, all monies received acting in the capacity of real estate broker or as an escrow agent; and,  in violation of N.J.S.A. 45:15-17(l) in that Schoultz’s conduct in commingling the monies in the rental escrow accounts and operating accounts and his failure to maintain all monies received while acting in the capacity of real estate broker or escrow agent in a real estate transaction constitutes fraud and dishonest dealings; and, in violation of N.J.A.C. 11:5-6.4(a) in that by commingling the money of his principals and failing to account for or to pay over monies belonging to others that came into his possession as a licensee Schoultz failed to protect and promote the interests of his principals; and, in violation of N.J.S.A. 45:15-17(d) in that Schoultz failed to account for or to pay over monies belonging to others that came into his possession as a licensee; and, in violation of N.J.S.A. 45:15-17(e) in that the above conduct demonstrates unworthiness, incompetency, bad faith and dishonesty. Any and all real estate licenses presently or formerly held by Schoultz are revoked for life. No license henceforth shall be issued. A fine of $25,000 is imposed.

Michael McGavisk, a licensed New Jersey real estate Broker, Camden County – By Consent Order dated January 22, 2020, McGavisk admitted to two counts of incompetency pursuant to N.J.S.A. 45:15-17(e) in that he failed to process licensee applications; and, a violation of N.J.S.A. 45:15-12 in that he failed to maintain an office open to the public as required; and, a violation of N.J.S.A. 45:15-13 in that he failed to advise the Commission of a change of business address; and, a violation of N.J.S.A. 45:15-17(e), unworthiness, in that he failed to cooperate with a Commission investigation. McGavisk agreed to complete six credit hours of Continuing Education – three hours in the content area of Office Management and three hours in NJ Laws and Regulations – to be completed no later than December 31, 2019, which will not count towards his mandatory renewal credit hours. McGavisk agrees to pay a fine in the amount of $4,500.

Leon Cabarcas, a formerly licensed New Jersey real estate Broker, Passaic County – By Final Order of Determination dated January 14, 2020, the Commission determined Respondent Cabarcas acted in violation of N.J.S.A 45:15-17e unworthiness, bad faith and dishonesty and pursuant to N.J.S.A. 45:15-41. Cabarcas’s broker license is revoked and he shall be ineligible for reinstatement of his license until he satisfies the judgment in full, including reimbursement of the Guaranty Fund with interest.

Carol Mary Fardin, a licensed New Jersey real estate Salesperson, Essex County – By Final Order of Determination dated January 14, 2020, the Commission determined that Respondent Fardin acted in violation of N.J.S.A. 45:15-17(s) in that she failed to notify the REC 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 for licensure, bad faith, and dishonesty. Fardin’s salesperson’s license is suspended for a period not to exceed December 31, 2019. Upon reinstatement of her license, Respondent Fardin’s license shall be held on probationary status for a period of two years. A $500 fine is imposed.

Jerry Gustoso, a licensed New Jersey real estate Salesperson, Hudson County – By Final Order of Determination dated January 14, 2020, the Commission determined Respondent Gustoso acted in violation of N.J.S.A. 45:15-17 and that Gustoso’s salesperson’s license shall be held on probation for a period of three months from the date of the Final Order.

Lawrence LaBirt, a licensed real estate Salesperson, Middlesex County – By Final Order of Determination dated January 14, 2020, the Commission determined there was insufficient evidence to support the allegations as set forth in the Order to Show Cause. No action will be taken against Respondent LaBirt’s license.