An Athens real estate broker could face penalties, including revocation of his license, if it is determined that he violated sections of the Ohio Revised Code.
Hearing examiner Gregory Finnerty of the Ohio Division of Real Estate and Professional Licensing recommended to the Ohio Real Estate Commission that John Wharton of University Off-Campus Housing, 82 N. Court St., should be found guilty on three charges: failing to return all of the funds, $116.18, taken as a security deposit to Zoltan Krompecher, whose property Wharton managed, canceling the written agency agreement early without proper notification, and failing to include housing and blockbusting language in the written agency agreement.
The administrative hearing occurred on Nov. 12, but the hearing officer's report was not submitted until last week, said Dennis Ginty, spokesman for the Ohio Department of Commerce. Wharton has 10 days to appeal, and it is up to the Ohio Real Estate Commission to decide whether or not Wharton should be found guilty and what the penalties should be. There is no set date for the next hearing.
If he is found guilty, the commission could revoke or suspend his license, issue a fine or order him to take continuing education classes, Ginty said.
Wharton managed the property on 32 First St. for Krompecher during the 2001-02 school year, Krompecher, a major in the U.S. Army, said. Krompecher said he attempted to resolve the problems he had with Wharton's management of his property between them, but then took his case to the Ohio Department of Commerce after Wharton would not comply.
My intent of contacting the Ohio Department of Commerce wasn't intended as a rubric of revenge against Mr. Wharton. I had tried to resolve this even before it came to a head
Krompecher said. I complied evidence on unfulfilled work orders thousands of dollars worth of incomplete bills -just a myriad of violations. I felt that Mr. Wharton trespassed into improper ethics and the (hearing examiner) seemed to agree with me in finding him guilty.
Wharton did not return calls from The Post to comment.
Wharton has had his broker license since May 20, 1996, and the department's records show he has not been charged before, Ginty said.
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