Disciplinary Results

Kendall, Auto Auction, Inc. NCAL# 5899 (Goldsboro, NC)

Effective October 2, 1999, Kendall Auto Auction, Inc.'s firm license was suspended indefinitely for failing to notify the Board of a civil judgement against the firm and for falsely answering statements on renewal applications. Following an investigation into this matter, the Board found probable cause to suspend or revoke Kendall Auto Auction, Inc.'s auction firm license and referred the matter to the Office of Administrative Hearings as prescribed by Chapter 150B. Kendall Auto Auction, Inc. failed to respond as required and the Board suspended Kendall Auto Auction, Inc.'s license indefinitely as allowed by law.

Kennedy , Jr. , Wayne Verlon NCAL# 8947 (Louisburg, NC)

Effective August 29, 2017, Wayne V. Kennedy, dba Family Auction House, was permanently revoked for violation of the following: N.C.G.S. 85B-8 (a) (3) Any failure to account for or 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.; N.C.G.S. 85B-8(a)(7) Commingling the funds or property of a client with the licensees 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.; N.C.G.S. 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 N.C.G.S. 85B-8(a)(11) A demonstrated lack of financial responsibility. Wayne V. Kennedy waived his right to appeal as allowed by law.

Pursuant to three subsequent complaints filed with the Board against Wayne V. Kennedy, dba Family Auction House, on September 5, 2017, November 13, 2017, and November 13, 2017, and as the result of completed investigations of each complaint the Board found that probable cause existed to find that the licensee violated N.C.G.S. 85B-8 (a) (2) A continued and flagrant course of misrepresentation or making false promises, N.C.G.S. 85B-8 (a) (3) Any failure to account for or 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 N.C.G.S. 85B-8(a)(10) Failure to properly make any disclosures or to provide documents or information required by this Chapter or by the Commission. Further, the Board found that these violations would have substantiated a disciplinary finding of revocation, but for the license having been previously revoked effective August 29, 2017.