Disciplinary Results Terry, Paul Blake NCAL# 6902 (Weaverville, NC)
Paul Blake Terry voluntarily surrendered his auctioneer license effective March 2, 2017. Pursuant to formal complaints having been filed prior to the license surrender and as a result of the completed investigation, the Board found that probable cause existed to find that the licensee violated NCGS 85B-8(a)(3) Any 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 licensees possession through an auction sale, and that the licensee violated NCGS 85B-8(a)(10) Failure to properly make any disclosures or to provide documents or information required by this Chapter or by the Commission, which would have substantiated a disciplinary finding of revocation, but for the license having been previously surrendered.
Theil-Gerrety, Catherine NCAL# 9391 (Lewisville, NC)
On September 12, 2016 Catherine Theil-Gerrety NCAL 9391 and Black Dog Auctions, LLC NCFL 9453 received a one (1) month suspension for violation of N.C.G.S. 85B-7(a); N.C.G.S. 85B-7(b); and N.C.G.S. 85B-7.1(a). The suspension became effective on November 1, 2016, and the licenses were re-instated on December 1, 2016 following the one (1) month period of suspension and the completion of additional educational conditions.
Tony Quarles Enterprises NCAL# 6830 (Harrisburg, NC)
Effective May 24, 2011, Tony Quarles Enterprises' auction firm license was revoked for conducting an auction in this State without first having a written agreement, for failing to maintain consignment records; for failing to maintain sales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 failing to prepare a receipt or settlement statement. This is in violation of G.S. 85B-7(a) G.S., 85B-7.1(a)(b), and G.S. 85-8(a)(3) and (7). Tony Quarles waived his right to appeal as allowed by law and agreed to the Board's findings of violations.
Tory Hill Auction Co. NCAL# 8707 (Raleigh, NC)
Effective January 12, 2015, Tory Hill Auction Company's auction firm license #NCAL #8707 was permanently revoked for the following violations: NCGS 85B-7(a) No licensee shall conduct an auction in this State without first having a written agreement with the owner of any property to be sold. The agreement must contain the terms and conditions upon which the auctioneer received the goods for sale. The licensee shall provide the owner with a signed copy of the agreement and shall keep at least one copy for his own records for two years from the date of the agreement. Copies of all contracts shall be made available to the Commission or its designated agent at reasonable times; NCGS 85B-7.1(a) At or before the time of all final settlements, the auctioneer shall provide the seller or consignor with a settlement statement, which includes a description of all goods sold, the selling price of the goods sold, the net proceeds due to the seller or consignor, the name and address of the person receiving the disbursement, and the amount of the disbursement. All settlement statements shall be signed by the licensee or the licensees agent and by the person receiving the disbursement; NCGS 85 B-8(a)(2) A continued and flagrant course of misrepresentation or making false promises, either by the licensee, an employee of the license, or by someone acting on behalf of and with the licenses consent; NCGS 85B-8(a)(3) Any 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 licensees possession through an auction sale; NCGS 85B-8(a)(7) Commingling the funds or property of a client with the licensees own; NCGS 85B-8(a)(10) Failure to properly make any disclosures or to provide documents or information required by this chapter or by the Commission; and, 21 NCAC 4B .0603(e) The Custodial Account for Sellers shall be drawn on only for payment of: 1-the net proceeds to seller, 2-lawfull charges against the property, and, 3-to obtain any sums due the auctioneer. An Administrative Hearing was held on December 8, 2014, N.C. Mr. McCoon made an appeal to the Board in the established time as allowed by Law. Auctioneer Licensing Board vs. Tory Hill Auction Co., the Board's Legal Counsel presided at the hearing and the respondent, Jason R. McCoon, elected to proceed pro se. On January 12, 2015 the Board adopted the Proposed Findings of Fact and Conclusions of Law submitted by Board Counsel and revoked the auction license Tory Hill Auction Co.