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Home > NJ Real Estate Commission > Real Estate Commission Disciplinary Actions
2018 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.
 
November

Eugene Alford, a licensed New Jersey real estate Broker, Camden County – By Consent Order dated November 6, 2018, Respondent Alford admits to a violation of N.J.A.C. 11:5-6.4(a), failing to deal fairly with all parties to a transaction (two counts),  failing to properly update the status of a property in the MLS after a failed deal and failing to review the seller’s mortgage information which clearly indicated restrictions on resale and refinancing. Alford agrees to pay a $2,000 fine.

Robert V. Miliano, a licensed New Jersey real estate Broker-Salesperson, Burlington County – By Consent Order dated November 15, 2018, Respondent Miliano admits to acting in violation of N.J.S.A. 45:15-17e, dishonesty, in that he attempted to secure the listing of a property for sale by subverting the broker through which he was licensed at the time. Respondent Miliano also admits to a violation of N.J.A.C. 11:5-6.4(f)(1)(i) in that he did not notify the MLS of having acquired the listing within 48 hours of the effective listing date. Miliano’s eligibility to hold a real estate license of any kind is suspended for a period of three months from the date of the order and Miliano agrees to pay a fine in the amount of $1,000.

The following Order to Show Cause was issued:       
N.J.R.E.C. v. Jerry Gustoso  HUD-18-015
 
October

Veronica Merriel, a licensed New Jersey real estate Broker, Salem County – By Consent Order dated October 15, 2018, Respondent Merriel admits to a violation of N.J.S.A. 45:15-17(d) by failing to account for or to pay over any moneys belonging to others coming into his possession. Merriel’s broker license will be held on probation for a period of six (6) months from the date of the Order. A $1,500 fine was imposed.

Joseph Pino, a licensed New Jersey real estate Broker, Salem County – By Consent Order dated October 15, 2018, Respondent Pino admits to a violation of N.J.A.C. 11:5-4.2(a) by failing to supervise the actions of licensees or any person employed by or licensed through Pino in the pursuit of his real estate brokerage business. A $2,500 fine was imposed.

John Viaud, a licensed New Jersey real estate Salesperson, Bergen County – By Final Order of Determination dated October 11, 2018, the Commission found Respondent Viaud acted in violation of N.J.S.A. 45:15-17a in that he misrepresented the amount of property taxes on an MLS listing; and, in violation of N.J.S.A. 45:15-17e (two counts) in that his failure to update the status of a property in the MLS in a timely manner constitutes incompetency and his failure to cooperate with an REC investigation constitutes unworthiness. In violation of N.J.A.C. 11:5-6.1(o) he misrepresented the advertisement of a property and in violation of  N.J.A.C. 11:5-6.4(a) he failed to deal fairly with the Buyer of a property by not properly listing a property as “under contract” in the MLS. Viaud’s license is suspended for a period of six (6) months, effective the date of the Order. A $3,000 fine was imposed.

The following Order to Show Cause was issued:       
N.J.R.E.C. v. Robert CassidyBUR-18-016      
 
September

Vanessa Brown, a licensed New Jersey real estate Broker, Morris County – By Consent Order dated September 12, 2018, Respondent Brown agrees to a temporary license suspension, effective September 1, 2018, pending a final determination in the allegations as set forth in the Order to Show Cause.

Hong Jing, a licensed New Jersey real estate Salesperson, Monmouth County – By Consent Order dated September 12, 2018, Respondent Jing admits to a violation of: N.J.S.A. 45:15-17o in that she commingled the monies of principals and failed to maintain a separate account as required by REC statutes; in violation of N.J.S.A. 45:15-12.8 she failed to immediately turn over tenants deposit money to her broker for deposit in an escrow account; a violation of  N.J.S.A. 45:15-1 and 3 Jing engaged in unlicensed activity by engaging in property management outside the scope of her employing broker; a violation of  N.J.S.A. 45:15-17e failing to remediate or otherwise address serious issues with the property, demonstrated unworthiness, incompetency, bad faith and/or dishonesty; a violation of N.J.S.A. 45:15-17e Jing made substantial misrepresentations to an REC Investigator; a violation of N.J.A.C. 11: 5-6.4(a) by engaging in the conduct described above, Jing failed to deal fairly with all parties involved in the subject transaction. Jing’s real estate license is revoked for a period of three (3) years. Upon completion of revocation, Jing would be required to completely requalify and apply for a real estate license. Any license issued thereafter would be held on probation for a period of two (2) years from the date of issuance. A $5,000 fine was imposed.

Peter Maimone, a licensed New Jersey real estate Salesperson, Middlesex County – By Consent Order dated September 12, 2018, Respondent Maimone admits to a violation of N.J.A.C. 11: 5-6.4(a) failing to update the availability of a property in the MLS when it came back on the market and therefore failing to deal fairly with all parties of a real estate transaction. Maimone agrees to pay a fine in the amount of $1,500.

Donna Schaal, a licensed New Jersey real estate Salesperson, Hunterdon County – By Final Order of Determination dated September 26, 2018, the Commission found Respondent Schaal in violation of N.J.S.A. 45:15-12.8 in that she failed to deliver a principal’s earnest money to her broker for deposit and in violation of N.J.A.C. 11:5-6.4(a) in that Schaal failed in her fiduciary duty to her clients by not delivering their earnest money to her broker for deposit. Schaal is required to complete six (6) hours of Continuing Education – three (3) in agency and three (3) in ethics – which will not count towards the required hours for renewal. A $3,000 fine was imposed.

Fernando Tafur, a licensed New Jersey real estate Broker, Bergen County – By Consent Order dated September 12, 2018, Respondent Tafur admits to a violation of N.J.S.A. 45:15-17a and N.J.S.A. 45:15-17e in that by creating false government documents with the intent to affect the sale of a subject property Tafur made substantial misrepresentations to the parties to the transaction and in doing so, demonstrated dishonesty and unworthiness for licensure. Tafur admits to a violation of N.J.S.A. 45:15-17l in that his conduct constitutes fraudulent conduct and dishonest dealing. Tafur’s broker license is revoked for a period of one (1) year from the date of execution of the Order. Any real estate license issued following the period of revocation shall be held on a probationary status for a period of two (2) years. A $3,000 fine was imposed.

 
August

Linda Jui-Jan Chang, a licensed New Jersey real estate Broker, Somerset County – By Consent Order dated August 20, 2018 Respondent Chang admits to a violation of N.J.S.A. 45:15-12 & 17o and N.J.A.C. 11:5-6.1(a)2, 4.1, 5.1(a) & (c), & 5.5 for failing to maintain an office that has a conspicuously displayed sign on the exterior; failing to have fully executed written agreements with salespersons under employ with Optimum Realty and failing to present those documents for inspection; commingling the money of her principals with her own due to negligent oversight. Chang is required to complete six (6) hours of CE in the area of office management. Chang agrees to pay a fine in the amount of $2,500.

Victor Polce, a licensed New Jersey real estate Broker-Salesperson, Bergen County – By Consent Order dated August 23, 2018, Respondent Polce admits to acting in violation of N.J.A.C. 11:5-6.2(a)(4) by failing to provide the Seller with a copy of the fully executed Listing Agreement; and, N.J.A.C. 11:5-6.4(a), (f) and (g) by failing to protect and promote, as he would his own, the interests of his client. He further admitted to a violation of N.J.A.C. 45:15-17a in that he misrepresented to a real estate salesperson that the client was no longer accepting offers on the property. Polce’s Broker-Salesperson license is suspended for a period of one (1) year from the date of the Consent Order. Polce is required to complete the thirty-hour (30) broker pre-licensure course in the area of ethics and agency law. Polce agrees to pay a fine in the amount of $5,000.

The following Order to Show Cause was issued:     
N.J.R.E.C. v. Mary A. Tyler, William A. Pricoli and Fazzio Preferred Properties, LLC – CAM-18-012       
 
July

Geoffrey Green, a licensed New Jersey real estate Broker, Sussex County – By Consent Order dated July 26, 2018, Respondent Green admits to a violation of N.J.A.C. 11:5-4.4 by failing to supervise a salesperson under his employ. A $3,000 fine was imposed.

George Kasimos, a licensed New Jersey real estate Broker, Ocean County – By Consent Order dated July 26, 2018, Respondent Kasimos admits to a violation of N.J.S.A. 45:15-13 and N.J.A.C. 11:5-4.4 by failing to notify the REC of the change of his business address. Kasimos agrees to pay a fine in the amount of $1,500.

Ann Nussberger, a licensed New Jersey real estate Broker/Salesperson, Sussex County – By Consent Order dated July 26, 2018, Respondent Nussberger admits to a violation of N.J.S.A. 45:15-1 and 3 by engaging in unlicensed real estate activity. Nussberger agrees to pay a fine in the amount of $2,000.

The following Order to Show Cause was issued:             
N.J.R.E.C. v. Robert Miliano – BUR-17-020    
 
June

Paul F. Chiolo, a licensed New Jersey real estate Broker, Cape May County – By Consent Order dated June 20, 2018, Respondent Chiolo admits to acting in violation of N.J.A.C. 11:5-4.2 by failing to supervise a salesperson under his employ. Specifically, a salesperson within his firm used a cargo van with a banner which read “Buy or Sell your home with me use this truck for FREE” and listed a telephone number not associated with the brokerage office. A $1,500 fine was imposed.

Andrew Fasy, a licensed New Jersey real estate Broker-Salesperson, Cape May County – By Consent Order dated June 18, 2018, Respondent Fasy admits to acting in violation of N.J.A.C. 11:5-6.4(f)(2) (10 counts) in that he failed to obtain written authorization from the owners of 10 subject properties prior to marketing those properties; and acting in violation of N.J.S.A. 45:15-17a by making a substantial misrepresentation by generating documentation to support the marketing of the subject properties. Fasy’s broker-salesperson’s license shall be revoked for a period of three (3) years and he is not eligible to hold any real estate license for that time. A $5,000 fine was imposed.

Judith A. Fitzgerald, a licensed New Jersey real estate Salesperson, Ocean County – By Final Order of Determination dated June 27, 2018, the Commission determined Respondent Fitzgerald acted in violation of N.J.S.A. 45:15-17s (2 counts) in that Fitzgerald failed to notify the Commission within thirty (30) days of being indicted. Fitzgerald’s salesperson’s license shall be held on probation from the date of the Order to completion of her court ordered PTI. A $250 fine was imposed.

Michael H. Kenyon, a formerly licensed New Jersey real estate Referral Agent, Mercer County – By Consent Order dated June 27, 2018 Respondent Kenyon admits to violations of N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17e (4 counts). Kenyon agrees to lifetime revocation of any real estate license and a fine of $2,500.

Jeffrey Quintin, a licensed New Jersey real estate Salesperson, Cape May County – By Consent Order dated June 20, 2018, Respondent Quintin admits to acting in violation of N.J.A.C. 11:5-6.1(m) and N.J.A.C. 11:5-6.1(d) by placing an advertisement which can be interpreted to require the consumer to enter into a sale, listing or other real estate contract as a condition of the promotion or offer and by listing an unidentified telephone number not associated with his brokerage office. A $2,000 fine was imposed.  

The following Orders to Show Cause were issued:   
N.J.R.E.C. v. Vanessa BrownMOR-18-009
N.J.R.E.C. v. Linda Jui-Jan Chang – SOM-18-011
N.J.R.E.C. v. Raymond Rice – MOR-18-013
N.J.R.E.C. v. Gregory Schoultz – CAP-18-007
 
May

Donald Martin, a licensed New Jersey real estate Broker, Cape May County – By Consent Order dated May 18, 2018, Respondent Martin admits to acting in violation of N.J.AC. 11:5-6.4(a) in that he failed to protect his client by double booking a vacation rental. A $1,000 fine was imposed.

Catherine Moeller, a licensed New Jersey real estate Broker, Ocean County – By Consent Order dated May 23, 2018, Respondent Moeller admits to acting in violation of N.J.A.C. 11:5-5.1(b) by failing to report a change in the escrow account of Sea Breeze Realty to the Real Estate Commission and failing to have the new account labeled as an “escrow account” or “trust account” as required by N.J.S.A. 45:15-12.5a. A $1,500 fine was imposed.

Claudia Muniz, a licensed New Jersey real estate Salesperson, Middlesex County – By Consent Order dated May 18, 2018, Respondent Muniz admits to acting in violation of N.J.A.C. 11:5-6.4(a) by failing to collect deposit funds and verify that a second deposit was collected. A $2,000 fine was imposed.

The following Orders to Show Cause were issued:
N.J.R.E.C. v. Hong Jing – MON-18-001
 
April

Jason Forsyth, a licensed New Jersey real estate Salesperson, Gloucester County – By Consent Order dated April 11, 2018, Respondent Forsyth admits to acting in violation of N.J.A.C. 11:5-6.4(b) (three counts) in that he failed to make a reasonable effort to obtain all information material to the physical condition of three properties. Forsyth agrees to take an additional twelve (12) hours of CE in the specific areas of agency, disclosure and legal issues for New Jersey real estate regulations and statutes which will not count towards his mandatory hours. Forsyth’s salesperson’s license shall be held on probation for a period of six (6) months. A $1,500 fine was imposed.

Joann C. Torcasio, a licensed New Jersey real estate Broker-Salesperson, Atlantic County – By Consent Order dated February 17, 2018, Respondent Torcasio admits to acting in violation of N.J.A.C. 11:5-4.4 by failing to supervise a salesperson under her employ, specifically that the salesperson failed to place into escrow the buyer’s deposit for a property. A $2,000 fine was imposed.

Garret F. Turnbull, a licensed New Jersey real estate Salesperson, Atlantic County – By Consent Order dated April 17, 2018, Respondent Turnbull admits to a violation of N.J.A.C. 11:5-6.4(a) by failing to deposit the buyer’s deposit check within five business days of receipt. A $2,500 fine was imposed.

The following Orders to Show Cause were issued:
N.J.R.E.C. v. Andrew Fasy – CAP-18-005   
N.J.R.E.C. v. Victor Polce – BER-18-004
 
March

Michelle Donus, a licensed real estate Broker-Salesperson, Morris County – By Consent Order dated March 29, 2018, Respondent Donus admits to a violation of N.J.S.A. 45:15-12.8 by failing to immediately turn over escrow monies received to her broker for deposit in the broker trust account. Donus agrees to complete an additional three (3) hours of CE in the area of Agency which will not count towards her mandatory hours. A $1,500 fine was imposed.

Catherine M. Pansini, a licensed real estate Salesperson, Sussex County – By Consent Order dated March 9, 2018, Respondent Pansini admits to acting in violation of N.J.AC. 11:5-6.4(a) in she failed to deal fairly with all parties in a transaction by failing to ensure that a certificate of occupancy was obtained by her client prior to the tenant occupying the property. A $1,500 fine was imposed.

 
February

Michael Alessi, a licensed New Jersey real estate Broker, Burlington County – By Consent Order dated February 20, 2018, Respondent Alessi admits to acting in violation of N.J.A.C. 11:5-4.5 (two counts) in that the name of the individual responsible for supervision of two branch offices was not on record with the Real Estate Commission. Alessi agrees to take an additional six (6) hours of CE in the specific area of real estate broker rules and regulations which will not count towards his mandatory hours. A $5,000 fine was imposed.

Joseph Damone, a licensed New Jersey real estate Salesperson, Gloucester County, and John Andrie, a licensed New Jersey Real Estate Broker-Salesperson, Gloucester County – By Final Order of Determination dated February 14, 2018, respondents Damone and Andrie were found in violation of N.J.A.C. 11:5-6.4(a) in that their conduct failed to protect and promote the interests of their principals by transferring listing to another agency without the permission of the listing broker; and N.J.S.A. 45:15-17e in that their conduct demonstrated incompetency and dishonesty. Respondent Damone’s salesperson license is to be held on probation for a period of six (6) months and is required to complete six (6) hours of CE, three (3) each in the specific areas of Agency and Ethics which will not count towards his mandatory hours. A $5,000 fine was imposed. Respondent Andrie is required to complete six (6) hours of CE, three (3) each in the specific areas of Agency and Ethics which will not count towards his mandatory hours. A $7,500 fine was imposed.

 
January

Nancy Kowalik, a licensed New Jersey real estate Broker, Gloucester County – By Consent Order dated January 24, 2018, Respondent Kowalik admits to a violation of N.J.A.C. 11:5-6.4(f)4, failing to deal fairly and exercise integrity with other licensees, specifically by publishing an exclusive listing with Waiver of Broker Cooperation in an MLS. A $1,000 fine was imposed.

Hyunik Seo, a licensed New Jersey real estate Salesperson, Bergen County – By Consent Order dated January 9, 2018, Respondent Seo admits to a violation of N.J.S.A. 45:15-17n in that he attempted to procure a real estate license by misrepresenting that he did not have criminal charges pending when he filed his application for licensure. Seo is eligible for licensure, to be held on a probationary period for one 91) year. A $500 fine was imposed.

The following Order to Show Cause was issued:
NJREC v. Michael H. Kenyon – MER-17-024
 
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