Judges: STEPHEN F. DEAN
Agency: Department of Business and Professional Regulation
Latest Update: Apr. 07, 1978
Summary: Whether Sam Lerner is guilty of violation of Section 475.25(1)(a) and (2), Florida Statutes.Respondent accused of making false representations to people to get them to list with his company. Not proven. Dismiss.
77-0207.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA REAL ESTATE COMMISSION, )
)
Petitioner, )
)
vs. ) CASE NO. 77-207
) P.D. No. 2958
SAM LERNER, )
)
Respondent. )
)
RECOMMENDED ORDER
This case was heard pursuant to notice in Room 208, Federal Building, Miami, Florida, on January 24 and 25, 1978, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.
APPEARANCES
For Petitioner: Manuel Oliver, Esquire
Charles Felix, Esquire
Florida Real Estate Commission
400 West Robinson Street Orlando, Florida 32801
For Respondent: Ronald E. Fried
2699 South Bayshore Drive, Suite 400C Miami, Florida 33133
This case was presented on an Administrative Complaint filed by the Florida Real Estate Commission against Sam Lerner, which alleges that Lerner had violated Section 475.25(1)(a), Florida Statutes, by knowingly making false representations to persons to induce them to subscribe to the services of International Land Services Chartered, Inc. and thereby having engaged in a course of conduct which demonstrates that Lerner is unable to be entrusted with the money or things of another in violation of Section 475.25(2), Florida Statutes.
The Florida Real Estate Commission introduced evidence that Sam Lerner is a registered real estate salesman and was employed by International Land Services Chartered, Inc. The Florida Real Estate Commission also demonstrated that Sam Lerner was paid by International Land Sales Chartered, Inc. No other evidence was introduced in support of the allegations against Lerner.
ISSUES
Whether Sam Lerner is guilty of violation of Section 475.25(1)(a) and (2), Florida Statutes.
FINDINGS OF FACT
Sam Lerner is a registered real estate salesman.
Sam Lerner was employed by International Land Services Chartered, Inc. He was paid by International Land Sales Chartered Inc.
CONCLUSIONS OF LAW
Sam Lerner is charged with violation of Section 475.25 (1)(a) and (2), Florida Statutes. The Florida Real Estate Commission has the burden to go forward and prove by substantial and competent evidence the allegations against Lerner. No evidence was presented to show that Lerner made any representations, false or otherwise. The allegation concerning violation of 475.25(1)(a) are not proven and therefore the allegations regarding Section 475.25(2) Florida Statutes, are not proven.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission take no action against the registration of Sam Lerner as a registered real estate salesman.
DONE and ORDERED this 7th day of April, 1978, in Tallahassee, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings
530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675
COPIES FURNISHED:
Manuel E. Oliver, Esquire Florida Real Estate Commission 2699 Lee Road
Winter Park, Florida 32789
Sam Lerner
2821 North East 163rd St., Apt. 5F North Miami Beach, Florida 33160
Docket for Case No: 77-000207
Orders for Case No: 77-000207
| Issue Date |
Document |
Summary |
|
Apr. 07, 1978 |
Recommended Order
|
Respondent accused of making false representations to people to get them to list with his company. Not proven. Dismiss.
|
