vs. ) CASE NO. 76-2056
) PROGRESS DOCKET NO. 2824
WILLIAM J. HAMBLY, )
Respondent. )
Pursuant to notice a hearing was held in the above styled cause at the Offices of the Florida Real Estate Commission, 717 Ponce de Leon Boulevard, Commonwealth Building, Suite 307, Coral Gables, Florida, at 9:00 A.M., April 20, 1977, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.
For Petitioner: Frederick H. Wilsen, Esquire
Winter Park, Florida 32789 For Respondent: No appearance.
Whether the application of Respondent William J. Hambly for registration as a real estate salesman should be approved or denied.
The Petitioner Florida Real Estate Commission filed an Administrative Complaint against William J. Hambly, Applicant and Respondent, upon the Commission having discovered evidence that the Applicant failed to disclose certain judgments against him. Subject hearing was requested.
The allegations of the Complaint ware Count One, that the Respondent answered the question, "Has any judgment of decree of a court been entered against you in this or any other state, province, district, territory, possession or nation in which you were charged in the petition, complaint, declaration, answer, counterclaim or other pleading with any fraudulent or dishonest dealing?" by inserting the word "No", that Question 7.(b) of the application filed by the Applicant Hambly asked the question, "Is there any case pending against you in any court, including any appellate court, in which you are charged in any pleading with any fraudulent or dishonest dealing?", that the Defendant answered the question by inserting the word "No". The Complaint
alleged that at the time of the execution of the application by Hambly he knew or should have known that his answers to the above two questions, 7.(a) and 7.(b) were false and incomplete in that the Defendant failed to reveal, disclose and fully explain two judgments by Aetna Casualty & Surety Company, one being docketed June 22, 1970, Aetna Casualty & Surety Company vs. Hambly Construction Company, Inc., in the amount One Hundred Twenty-Four Thousand Four Hundred Twenty-Five Dollars and Fifty-Four Cents ($124,425.54), a judgment of the Supreme Court, Orange County, State of New York, bearing Index No. 2403-1969.
Said judgment has been appealed. A second recorded judgment by Aetna Casualty Company v. William J. Hambly in the amount of Two Hundred Seventy-Seven Thousand Eight Hundred Eight Dollars and Fifty-One Cents ($277,808.51), which was docketed on July 22, 1972, from a judgment out of the Supreme Court, Orange County, State of New York, bearing Index No. 2403-1969.
The above actions were commenced against Defendant by Aetna Casualty & Surety Company who sought to set aside conveyances made by the Defendant on November 2, 1970, and on May 19, 1971, as in fraud of Aetna as a creditor of the Defendant.
Default judgments were entered June 22, 1970 and July 20, 1972.
The petitioner contends that the failure of the Applicant to disclose the above two judgments was in violation of Section 475.25(1)(a), Florida Statutes, and that the failure to disclose on his application the recorded judgments pending is contrary to the requirements of Section 475.17(1), Florida Statutes, contending that the failure to disclose the judgments shows that the Defendant does not possess the necessary qualifications of honesty, truthfulness, trustworthiness and good character as required by said statute for registration as a real estate salesman. Petitioner contends the application should be denied.
The certified copies of the two aforementioned judgments were filed with the Hearing Officer and said judgments were not mentioned in the application filed by the Respondent Hambly when he filled out his application form requesting certification as a real estate salesman. The application is misleading and the statements relative to 7(a) and (b) are false.
CONCLUSIONS OF LAW
Section 475.25 Grounds for revocation or suspension.-, Florida Statutes, provides as follows:
"(1) The registration of a registrant may be suspended for a period not exceeding 2 years, or until compliance with a lawful order imposed in the final order of suspension, or both, upon a finding of facts showing that the registrant has:
Been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing, trick, scheme or device, culpable negligence, or breach of trust in any business transaction, in this state or any other state, nation, or territory; has violated a duty imposed upon him by law or
by the terms of a listing contract, written, oral, express or implied, in a real estate
transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct, and has committed an overt act in furtherance of such intent, design or scheme. It shall be
immaterial to the guilt of the registrant that the victim, or intended victim, of the misconduct has sustained no damage or loss or the damage or loss has been settled and paid, after discovery of the misconduct, or whether such victim, or intended victim thereof,
was a customer or a person in confidential relation with the registrant, or was an identified member of the general public; or,"
The judgments against Defendant which are now on appeal find the Applicant Hambly guilty of conduct or practices which are grounds under the foregoing statute for revocation or suspending registration had the Defendant been registered.
Section 475.17 Qualifications of applicants for registration.-, Florida Statutes, provides:
"(1) An applicant for registration who is a natural person shall be required to make it appear that he is 18 years of age, a citizen of the United States or intends to become a citizen, honest, truthful, trustworthy, of good character, and that he
bears a good reputation for fair dealing. An applicant for an active broker's registration or a salesman's registration shall be required to make it appear that he is competent and qualified to make real estate transactions and conduct negotiations there for with safety to investors and to those with whom he may undertake a relationship of trust and confidence and show that he is a bona fide resident of the state. If it shall be made to appear that the applicant has been denied registration or a license or has been disbarred of his registration or license has been revoked or suspended, by this or any other state or nation, or possession or district of the United States, or any court or lawful agency thereof, to practice or conduct any regulated profession, business or vocation, because of any conduct or
practices which would have warranted a like result under this chapter, or that the applicant has been guilty of conduct or practices in this state or elsewhere, which would have been grounds for revoking or suspending registration under this chapter had the applicant then been registered, the
applicant shall be deemed not to be qualified, unless, because of lapse of time and subsequent good conduct and reputation, or other reason deemed sufficient it shall appear to the commission that the interest of the public and investors will not likely
be endangered by the granting of registration. The foregoing qualifications apply to members of partnerships and officers and directors
of corporations. A corporate applicant shall have been organized under, or be legally qualified to do business in the state."
Contrary to the foregoing statute, the application shows that the Applicant failed to disclose on his application the aforementioned judgments and concealed the same; therefore, the Defendant does not possess the necessary qualifications of honesty, truthfulness, trustworthiness, and good character required under this section for registration of a real estate salesman.
Deny the application of Applicant Hambly for registration as a Florida real estate salesman.
DONE and ORDERED this 17th day of May, 1977, in Tallahassee, Florida.
DELPHENE C. STRICKLAND
Filed with the Clerk of the Division of Administrative Hearings this 17th day of May, 1977.
Frederick H. Wilsen, Esquire Florida Real Estate Commission 2699 Lee Road
William J. Hambly
