Division of Administrative Hearings, Florida
Latest Update: Mar. 01, 1983
Whether Respondent is guilty of failing to keep money entrusted to her by a person dealing with her as a broker in her escrow account until properly authorized to disburse those funds. Whether Respondent is guilty of misrepresentation, false promises, culpable negligence, breach of trust in a business transaction and violation of a duty imposed by law and under the terms of a real estate contract by failing to advise, inquire, or otherwise obtain proper authorization from the Buyers prior to disbursing $10,000 from her escrow account, which funds had been entrusted to her by the Buyers under the terms of a real estate contract. At the final hearing in this cause, Petitioner called John Maxwell, Judith Maxwell, Janet Johnson, and Albert M. Johnson as its witnesses. Petitioner offered Petitioner's Exhibits 1 through 7, which were received into evidence. Respondent testified in her own behalf and called Charles R. Frost as a witness. Respondent offered Respondent's Exhibits 1 through 3, which were received into evidence. Both Petitioner and Respondent have offered proposed findings of fact for consideration by the Hearing Officer. To the extent that those proposed findings of fact are not included in this Recommended Order, they have been specifically rejected as being either irrelevant to the issues involved in this cause, or as having been unsupported by the evidence of record.Recommend suspension for Respondent who didn't properly notify buyers of financial condition of sale and didn't account/deposit escrow funds.