Disciplinary Results

Cook, Jane F. NCAL# 6386 (Benson, NC)

Jane F. Cook's auctioneer license was revoked for conducting an auction in this State without first having a written agreement with the owner of the property to be sold; for failing to maintain consignment records; for failing to maintain sales records; for failing to maintain a trust or escrow account and for failing to deposit in the account all funds that are received for the benefit of another person that is not disbursed to the seller on auction day; for failure to account for or to pay over within a reasonable time, not to exceed 30 days, funds belonging to another which have come into the licensee's possession through an auction sale; for commingling the funds or property of a client with the licensee's own or failing to maintain and deposit in a trust or escrow account in an insured bank or savings and loan association located in North Carolina funds received for another person through sale at auction; for failing to deposit in an escrow account funds within three business days after receipt of same; for failing to prepare a receipt or settlement statement in compliance of G.S. 85B-7.1(a) and maintain records in compliance with G.S. 85B-7.1(b); and for failing to establish and maintain a custodial account for sellers proceeds. Jane F. Cook waived her right to appeal as allowed by law and agreed to the Board's findings of violations.

Corner Market Auctions NCAL# 9547 (Elizabeth City, NC)

Pursuant to a Consent Order entered into between the licensees and the Board, Corner Market Auctions, Spencer Andrus, and Melyssa Durren each received a ninety (90) day suspension for violations of N.C.G.S. 85B-7(a) involving signed contracts and N.C.G.S. 85B-7.1(a) involving signed settlement statements. The suspensions were abatable to zero (0) days suspensions if the licensees successfully completed certain auction law educational requirements and paid a civil penalty to the Board in the amount of $250.00 prior to May 9, 2020. The conditions were met, and the suspensions were fully abated on May 1, 2020.

Crain, Frank N. NCAL# 4937 (Elizabethtown, KY)

Effective July 25, 2003, Mr. Crain's auctioneer license was revoked for failure to notify the Commission of the surrender of a license in the person`s resident state within ten days of occurence as required; for making any false statement or giving any false information in connection with an application for renewal of a license; and for failure to report to the Board any and all administrative proceedings which are commenced against them which involve any potential revocation or suspension of, or other disciplinary action against, any auctioneer license that they hold in another state within thirty days. Frank Crain waived his right to appeal as allowed by law and agreed to the Board`s findings of the violations.