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‘Active investigation’ underway into string of complaints against local, regional real estate broker

By Dean Shalhoup - Senior Staff Reporter | Mar 30, 2023

CONCORD — Representatives of the Attorney General’s Office of Consumer Protection and Antitrust Bureau and two other agencies have launched an active investigation into complaints against Hampton resident Daniel Twombly, as well as three of his real estate businesses, according to Attorney General John M. Formella.

The three businesses — NE Coast to Country Realty Investments, RE/MAX Insight, and RE/MAX On the Move, are being investigated by the OCPAB along with the state Real Estate Commission and the Office of Professional Licensure and Certification, Formella said.

The Real Estate Commission issued an emergency order earlier this month suspending Twombly’s principal broker license after receiving complaints that he had misappropriated funds held in an escrow account. The commission also sought the immediate establishment of a receivership and the appointment of a receiver over Coast to Country, according to Formella.

The state petitioned for the receiver to take over, operate, or close the real estate business after it was found, upon inspection of its books and records, to be operating in violation of the provisions of the law.

The state asserted that the company’s books and records reviewed so far found that Coast to Country, between Oct. 1, 2022, and Feb. 28, failed to pay more than $250,000 in commissions for completed real estate transactions.

In addition, Twombly had exclusive access to the escrow account, authorized transactions after the time of his suspension, and prevented the Real Estate Commission from auditing the escrow accounts of Coast to Country.

In response, the Merrimack County Superior Court on Tuesday appointed a receiver, Jason Mills, a principal of BCM Advisory Group, experienced in forensic accounting and in serving as a court-appointed receiver, to take over and operate Coast to Country to preserve the assets from waste and otherwise to minimize the financial hardship to employees and consumers.

The order appointing Mills prohibits people from taking any action concerning the receivership assets or interfering with the actions of the receiver, including filing lawsuits, without prior permission from the receivership court.

Affected members of the public can contact Mills by writing or calling Jason J. Mills, BCM Advisory Group, 22 Monument Square, Suite 401, Portland, Maine, 04101; jmills@bcmadvisorygroup.com; or 207-807-9516.

The commission and court orders are preliminary orders and subject to further hearings, according to Formella.

The Attorney General’s Office Consumer Protection and Antitrust Bureau investigators can be reached at 888-468-4454 or DOJ-CPB@doj.nh.gov.

Investigators with the Real Estate Commission and the Office of Professional Licensure and Certification can be reached at 271-6985.

Dean Shalhoup may be reached at 594-1256 or dshalhoup@nashuatelegraph.com.

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