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Christopher Joseph DeCosta
Christopher Joseph DeCosta
Visitors: 51
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Bar #271410(FL)     License for 25 years; Member in Good Standing
Sanibel FL

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02-004437PL  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs ENRIQUE SALDANA  (2002)
Division of Administrative Hearings, Florida Filed: Nov. 18, 2002
At issue is whether Respondent committed the violations set forth in the Administrative Complaint dated October 17, 2002, and if so, what penalty should be imposed.Stealing from two clients and forging a signature on a contract warrant revocation of real estate license.
03-000360PL  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs DIANE THOMPSON  (2003)
Division of Administrative Hearings, Florida Filed: Jan. 31, 2003
The issue is whether Respondent's, Diane Thompson, a licensed Florida real estate broker, license should be disciplined for fraud, misrepresentation, concealment, false promises, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.Respondent charged with violation of 475.25(1)(b), F.S., for offering in evidence circuit court proceeding, offer to purchase contract; Petitioner failed to carry burden, i.e., Petitioner had a specific duty to demand payment.
02-004164  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs MARY LAWHON AND SHELL POINT REALTY, INC.  (2002)
Division of Administrative Hearings, Florida Filed: Oct. 24, 2002
Respondents are charged with misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes; failure to account or deliver funds in violation of Section 475.25(1)(d), Florida Statutes; and failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement is properly authorized, in violation of Section 475.25(1)(k), Florida Statutes, as more specifically set out in the following Conclusions of Law.Real estate broker guilty of depositing to wrong account and improperly holding/disbursing rent monies; not guilty of charges of trick, scheme, device, etc. Case of simple vs. culpable negligence. Analysis of credibilty factors lengthy.
03-000886PL  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs BRIAN JOHN WILKES  (2003)
Division of Administrative Hearings, Florida Filed: Mar. 12, 2003
Whether Respondent failed to preserve and maintain broker records in violation of Section 475.5015, Florida Statutes. Whether Respondent committed culpable negligence or breach of trust in any business transaction in violation of Subsection 475.25(1)(b), Florida Statutes.Respondent real estate broker responsible for misrepresentations and negligence of his agents. Agents misused client funds, failed to account, and failed to keep proper records; suspension, fine and restitution.
03-002881  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs LARRY A. SIMONS AND HOME HUNTERS USA, INC.  (2003)
Division of Administrative Hearings, Florida Filed: Aug. 07, 2003
The issues in this case are whether Respondents violated Subsection 475.25(1)(k), Florida Statutes (1999), by failing to maintain an escrow deposit in a trust account until properly authorized; whether Respondents violated Subsection 475.25(1)(d)1, Florida Statutes, by failing to account for or deliver funds; whether Respondents violated Subsection 475.25(1)(b), Florida Statutes, by committing a breach of trust or culpable negligence in a business transaction; and, if so, whether the proposed penalty is reasonable.Respondent should impose a $1,000 fine and a 30-day license suspension on brokers who appropriated a $635 disputed security deposit without following procedures for disputed escrow funds.

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