Action 9: Woman accused of practicing real estate after losing...

GASTONIA, N.C. — A local business owner is accused of practicing real estate without a license after she was ordered not to do so.

The state is investigating Cynthia "Cindy" Carswell, owner of Walkwell Homes in Gastonia.

Customer Complains

Customer Jessica Roberts told Action 9 that she wanted to buy land from her family and buy a modular home to put on the property. Roberts said she went to Walkwell and put down money on a home. She said Carswell agreed to help broker the land deal as well.

Months went by, and Roberts felt that she was getting the runaround. She asked for her deposit back. Roberts said Carswell said she wasn't legally obligated to refund the money, but agreed to anyway. However, Roberts said, Carswell never did. Roberts hired Charlotte lawyer Lauren Newton.

Carswell Loses License

Newton discovered that Carswell lost her real estate license in July 2014. After Carswell had been ordered to give a customer a full refund, more than two years passed, and officials said she gave back only some of the money. As a result, the North Carolina Real Estate Commission revoked her license.

Carswell is not supposed to be brokering real estate deals. Newton said that's what Carswell was doing in Roberts's case. "She thinks she's invincible and she's going to continue doing this," Newton said. She and Roberts reported Carswell to the Real Estate Commission. "I don't think she should be able to get away with all this," Roberts said.

N.C. Real Estate Commission response

The Real Estate Commission emailed Action 9, confirming that it is looking into the case. It said Carswell "was licensed at the time she began the (Roberts) transaction, but lost her license during the course of events. We will have to prove that (Carswell) continued brokerage activity after the revocation in order to be able to obtain an injunction, so we need to develop some evidence beyond the initial transaction."

The Real Estate Commission sent Carswell two letters, asking for her side of the story. At last check Wednesday, Carswell had not responded. If she continues to ignore the Real Estate Commission's inquiries, the commission will send an investigator to Walkwell to get answers in person.

Carswell's Response

Action 9 reached out to Carswell. Her colleague responded by email, saying: "We did not engage in the practice of real estate as the contract for the land was negotiated and written by (Roberts) and her relatives." When Action 9 asked him to elaborate, the emails stopped.

Walkwell in News Before

Action 9 covered Walkwell before.

In 2013, a Gaston County family felt that Walkwell was giving them the runaround. Action 9 got the family's $500 deposit back for them.

The North Carolina secretary of state lists Walkwell as dissolved in 2010.

Experts said that typically when a business entity, such as a partnership or a corporation, is dissolved, the entity continues to exist, but only to wind up its affairs by liquidating its assets and paying off creditors, not to continue business as usual.

If business continues to be conducted, those engaging in such activity potentially expose themselves to liability. In other words, plaintiffs can sue the owners as individuals and/or the company.

Those owners lose the "corporate shield."

WSOC