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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.
 
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.

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 Brown MOR-18-009
 
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 Orders to Show Cause were issued:

NJREC v Michael H. Kenyon MER-17-024
 
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