Kevin Berry of Premier Realty in St. Marys was ordered to pay fines and had real estate license suspended recently

Business misconduct draws mandate

By Amy Cherry

Staff Writer

Kevin A. Berry, 31, owner of Premier Realty Services located at 305 Erie Ave., St. Marys, has been suspended from all real estate business for a minimum of two years according to a consent agreement and order issued by the Pennsylvania Department of State, Bureau of Professional and Occupational Affairs.

The Real Estate Commission has found that Berry has engaged in business as a real estate broker or salesperson within the Commonwealth without being licensed or registered by the Commission; pursued a continued course of misrepresentation; failed to properly account for escrow and deposit funds; engaged in misleading or untruthful advertising and has been convicted in a state court of misdemeanors relating to the real estate profession.

As a result of the court actions Berry was ordered to pay a civil penalty of $2,000 and has had both his real estate broker license and sole proprietor license revoked for a minimum of two years.

The order was issued at the end of May and states that while Berry was employed as a salesperson for Century 21 Premier Homes Inc. of Pittsburgh from June 2001 to May 2004 he engaged in business misconduct on multiple occasions.

While residing in Pittsburgh, Berry managed the day-to-day business operations of C-21 Premier on Murray Avenue in Pittsburgh by supervising five other licensed real estate salespersons. The Murray Avenue office opened in September 2002 with the lease issued in Kevin’s father’s name, Ronald Berry.

While working under broker Connie Rusek-Lichok, Berry distributed business cards on which he referred to himself as “director of operations” of the two Pittsburgh offices. He also signed the Officer Operations Handbook utilizing the title of  “president” of the business.

Berry opened an real estate escrow account at National City Bank of Pittsburgh, which he made numerous deposits and withdrawals from without giving Lichok access to it. He did not place Lichok’s name on the account until May 2004, when she gave Berry a hand-written note and e-mail message making the demand.

He is also said to have placed Lichok’s signature on the applications to the Real Estate Commission of four individuals requesting to become sales persons. Lichok did not consent or authorize her signature on the documents.

In addition Berry listed himself as “Pittsburgh Realtor’s Association Realtor of the Year” for 1998 on his biography which was posted on the company’s Web site created in 2007, when this was false as the Pittsburgh Association’s Web site lists Carol C. Palomera as the award winner.

Also in 2007, Berry was charged with a felony count of theft by failure to make required disposition of funds received by the Court of Common Pleas of Allegheny County. Records state that while Berry was working for Allstate Insurance he collected customer’s funds and placed them into his personal account instead of the company’s.

The violation was amended to a misdemeanor for which he was sentenced to one-year probation and the payment of restitution in the amount of $572.53.

The order states that should Berry’s license be reinstated, it would be subject to several restrictions such as Berry cannot deposit or withdraw escrow funds; cannot own or have any interest in the real estate company that employs him as a salesperson and must provide a copy of the consent order to any broker who employs him.

During his suspension Berry is required to complete 30 hours of a pre-licensure real estate law course.