Judges: STEPHEN F. DEAN
Agency: Department of Business and Professional Regulation
Latest Update: Jun. 14, 1979
Summary: Facts proved that, contrary to allegations, Respondent's brother did have leasehold interest and Respondent did not make false representations.
79-0288.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA REAL ESTATE COMMISSION, )
)
Petitioner, )
)
vs. ) CASE NO. 79-288
)
ROBERT CRAHAN HARTNETT, )
)
Respondent. )
)
RECOMMENDED ORDER
This case was heard pursuant to notice on May 11, 1979, in 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 Robert Hartnett, alleging that he had violated the provisions of Section 475.25(1)(a), Florida Statutes.
APPEARANCES
Petitioner: Manuel E. Oliver, Esquire
Florida Real Estate Commission
400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Respondent: Louis M. Jepeway, Esquire
619 Dade Federal Building
101 East Flagler Street Miami, Florida 33131
The summary of the allegation and testimony is as follows:
Messrs. Allman and Dew sought to lease a specific piece of real property.
To that end they contacted William J. Hartnett, who had rented the entire premises, a part of which Messrs. Dew and Allman were interested in. Several meetings occurred between William J. Hartnett and Messrs. Dew and Allman. During at least two of these meetings Robert Hartnett was present, and eventually Robert Hartnett tendered a contract to Messrs. Dew and Allman in behalf of his brother, William. Robert Hartnett received from Messrs. Dew and Allman a check in the amount of $1,050. Contradictory testimony was received regarding whether Dew and Allman were permitted occupancy of the subleased premises. It is alleged that William Hartnett never obtained a lease on the premises. The Florida Real Estate Commission further alleges that Robert Hartnett knew or should have known that his brother, William, had not obtained a leasehold and could not sublease to Messrs. Dew and Allman as he was obligated to do under the contract presented by Robert Hartnett.
FINDINGS OF FACT
Robert Hartnett was at all times pertinent to this complaint a registered real estate broker.
Bill Dew and Dave Allman sought to lease a specific piece of real property for business purposes. In this regard they contacted William Hartnett, who had previously leased a piece of real property which included the specific piece of property Messrs. Dew and Allman desired to lease.
Messrs. Allman and Dew entered into an agreement to sublease a portion of the Hartnett leasehold. A contract was prepared by William Hartnett and delivered by Robert Hartnett to Dew and Allman, who executed the contract.
Although there is conflicting testimony, the testimony of Robert Hartnett is accepted as the more accurate explanation of his role in the transaction. Robert Hartnett had no interest in William Hartnett's business venture or in the leasehold, and did not appear or function as a real estate broker in this transaction.
The owner of the property, Mr. Grossinger, testified he agreed to lease the property to William Hartnett. Hartnett was permitted to occupy the premises and paid rent. William Hartnett prepared a written lease which was not signed by the owner, Mr. Grossinger. Grossinger terminated the agreement when Hartnett subleased the premises to Allman and Dew without notifying him and instituted legal action to evict William Hartnett. Under the circumstances, there was an oral lease between Hartnett and Grossinger.
Messrs. Dew and Allman made arrangements with contractors to make modifications to the subleased premises, and the modifications were begun. These modifications were in part the cause for the owner terminating the lease with William Hartnett. Messrs. Dew and Allman or their agents did have occupancy of the premises.
CONCLUSIONS OF LAW
The Florida Real Estate Commission charges Robert Hartnett with violation of Section 475.25(1)(a), Florida Statutes, specifically alleging that Robert Hartnett knew or should have known that William Hartnett did not have a leasehold when Robert Bartnett presented the contract to Messrs. Dew and Allman.
The facts show that William Hartnett did have a leasehold according to the owner of the property, and Dew and Allman occupied the premises. Further, the owner terminated the leasehold because of the sublease and modifications, and sued to evict.
In the instant case there is no violation of Section 475.25(1)(a), supra, because there was a lease, and Dew and Allman took occupancy. The facts are contrary to the conduct alleged to be in violation of the law, and the allegation is 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 Respondent Robert Hartnett.
DONE and ORDERED this 14th day of June, 1979, in Tallahassee, Leon County, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
COPIES FURNISHED:
Manuel E. Oliver, Esquire Florida Real Estate Commission
400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Louis M. Jepeway, Esquire 619 Dade Federal Building
101 East Flagler Street Miami, Florida 33131
Docket for Case No: 79-000288
Orders for Case No: 79-000288
| Issue Date |
Document |
Summary |
|
Jun. 14, 1979 |
Recommended Order
|
Facts proved that, contrary to allegations, Respondent's brother did have leasehold interest and Respondent did not make false representations.
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