This case is presented in the form of an Administrative Complaint brought by the Petitioner against the Respondent. The Administrative Complaint, in its general terms, accuses the Respondent of improperly refunding deposit money to prospective purchasers of real estate in the face of a conflicting demand on that deposit money made by the prospective seller. These actions purportedly violate Subsection 475.25(1)(d), Florida Statutes.Fine Respondent $250 for disbursing money to which many had a claim instead of properly filing for Petitioner's opinion.

Whether Respondent's license as a real estate salesman should be suspended or revoked, or the licensee otherwise disciplined, for alleged violation of Chapter 475, F.S., as set forth in Administrative Complaint, dated September 2, 1981. This case involves Petitioner's allegations that Respondent should be disciplined under Subsection 475.25(1)(b), Florida Statutes, for dishonest dealing by trick, scheme, device, and breach of trust in a business transaction. Specifically, it is alleged that while Respondent was in the process of applying for his Florida real estate salesman's license, he was associated with Realty Exchange, Inc., of Tampa, Florida, and, during that association, made copies of the firm's real estate listings and placed the same on his home computer, and failed to return them after passing his real estate examination and obtaining employment elsewhere. At the commencement of the hearing, Petitioner moved to correct an inaccurate statutory reference in paragraph nine of the Administrative Complaint which cited Chapter 473 rather than 475, Florida Statutes, as the statute in question. The motion was granted. Petitioner called one witness and the Respondent to testify at the hearing, and Respondent testified in his own behalf. The Petitioner submitted five exhibits in evidence and the Respondent submitted two exhibits. Although the Administrative Complaint seeks to take disciplinary action with respect to Respondent's real estate salesman's license, the uncontroverted testimony of Respondent at the hearing established that he has held a real estate broker's license since October 13, 1981.Charges dismissed against real estate broker where evidence showed no misuse of confidential information or committment of other misconduct.

Whether Respondent's license as a real estate salesman should be suspended or revoked, or the licensee otherwise disciplined, for alleged violation of Chapter 475, F.S., as set forth in Administrative Complaint dated September 2, 1981. At the commencement of the hearing, the parties stipulated to Paragraphs 2 and 3 of the Administrative Complaint. Although Paragraph 2 thereof indicates that Respondent is a registered real estate salesman, he testified without contradiction that he has been licensed as a broker for the past 3-1/2 years. Accordingly, that fact will be reflected in the Findings of Fact herein. Both parties called one witness each to testify at the hearing, and Respondent testified in his own behalf. No exhibits were submitted in evidence.Real estate broker rented property on personal account. Complaint dismissed for negligently failing to conform to applicable tenant law. There was no fraud.

Broker not guilty of fraud where she made representations about time-share units which turned out to be unprofitable for her clients.

Sufficient competent and substantial evidence not presented to support finding that violations were made when not disclosing termites; recommend dismissal.