STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-210

) P.D. NO. 2962

IRVIN LEON MALNICK, )

)

Respondent. )

)

RECOMMENDED ORDER

This ease was heard pursuant to notice on January 24, 25, 1978, in Room 208 of the Federal Building, Miami, Florida, by Stephen F. Dean assigned Hearing Officer of the Division of Administrative Hearings.

This case was presented upon an administrative complaint filed by the Florida Real Estate Commission against Irvin Leon Malnick alleging that Malnick was guilty of violation of Section 475.25(1)(a), Florida Statutes, because he had made false representations in order to induce persons to enter into a real estate brokerage agreement and had made false representations to induce persons to pay advance listing fee; and, therefore, was guilty of a course of conduct showing chat Malnick was unable to be trusted with the money and things of others such that he was guilty of violation of Section 475.25(2), Florida Statutes.

The Florida Real Estate Commission presented no evidence concerning the alleged violations by Malnick. Malnick testified in his own behalf and stated that he had worked for International Land Services Chartered, Inc. for ten (10) days until he became disenchanted with the way the Company handled its affairs and quit. Malnick said that he was responsible for only one subscription to the services of International Land Services Chartered, Inc. and received a $75.00 commission for that subscription. Malnick testified that he did not knowingly make any false promises to anyone.

APPEARANCES

For Petitioner: Manuel E. Oliver, Esquire

Charles Felix, Esquire 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Irving Leon Malnick

(Representing himself) 9120 Southwest 73rd Street Miami, Florida 33173

ISSUES

Did Malnick violate she provisions of Section 475.25 (1)(a) and (2), Florida Statutes.

FINDINGS OF FACT

1. Irving Leon Malnick is a registered real estate salesman.

   
   

2. Malnick worked for International Land Services Chartered, Inc. for ten

   (10) days and was responsible for one subscription to the services of International Land Services Chartered, Inc.

   
   

3. Malnick did not knowingly make any false representations to anyone whom he contacted.

   
   

4. At the point when Malnick became disenchanted with the manner in which International Land Services Chartered, Inc. conducted its business affairs, Malnick quit.

   
   

   CONCLUSIONS OF LAW

   
   

5. Malnick is charged with violations of Section 475.25 (1)(a), and (2), Florida Statutes. The basis of these allegations is that Malnick allegedly contacted persons and knowingly made false representations of the services of International Land Services Chartered, Inc. thereby inducing persons to subscribe to these services.

   
   

6. There is no proof of any of these allegations. The only evidence introduced was the testimony of Malnick, who did not admit that he made any false representations or had any improprieties by International Land Services Chartered, Inc., until he became disenchanted with the ways they handles their affairs. At this point, Malnick stated that he quit. Nothing in Malnick's testimony, nor in the record, supports the allegation against him contained in the administrative complaint.

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 Irving Leon Malnick 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 Room 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

Irving Leon Malnick

9120 Southwest 73rd Street Miami, Florida 33173

Docket for Case No: 77-000210

Orders for Case No: 77-000210