The Ohio Real Estate Commission found an Athens real estate broker guilty of all charges brought against him by a property owner.
John Wharton, owner of University Off-Campus Housing, 82 N. Court St., was found guilty of three charges that violate sections of the Ohio Revised Code: failing to return a $116.18 of a security deposit to Zoltan Krompecher, whose property Wharton managed; canceling the management contract early without proper notification; and failing to include non-discrimination clauses in the housing contract, according to a letter sent to Wharton by James Turner, interim superintendent for the Ohio Real Estate Commission.
The decision was made March 16 after reviewing a report filed Jan. 12 by hearing examiner Gregory Finnerty of the Ohio Division of Real Estate and Professional Licensing, who recommended the commission find Wharton guilty. Objections filed and testimony made by Cheryl Hawkinson, the state assistant attorney general who represented Krompecher, and objections filed by Dow Voelker, who represented Wharton, also were taken into account.
During the 2001-02 school year, Wharton managed KrompecherÕs property at 32 First St., Krompecher said in a November interview. Krompecher said he attempted to discuss WhartonÕs mismanagement of the property without involving outside parties, but he took the case to the Ohio Department of Commerce after Wharton would not comply.
Wharton was sentenced to a six-hour property management course for not returning the full security deposit, fined $300 and sentenced to a three-hour fair housing course for not including non-discrimination clauses in the contract, according to the letter. There was no additional penalty for canceling the contract early.
The nine class hours Wharton must complete will not count toward continuing education requirements necessary to keep his broker license, which he has had since May 1996. The Ohio Department of Commerce does not have records of any other violations reported about Wharton, Ohio Department of Commerce spokesman, Dennis Ginty, said in a November interview.
Wharton had until March 24, 15 days from the day the Ohio Department of Commerce letter was mailed, to appeal. If he does not appeal, he must pay the fine by April 23 and submit his education by May 23. Wharton said he was not available for comment.
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Michelle Simakis
