Judges: LINDA M. RIGOT
Agency: Department of Business and Professional Regulation
Latest Update: Mar. 15, 1988
Summary: Six-month suspension for acting as a broker imposed on salesman whose license was in involuntary inactive status.
87-4504STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL )
REGULATION, DIVISION OF )
REAL ESTATE, )
)
Petitioner, )
)
vs. ) CASE NO. 87-4504
)
KENNETH A. RATLIFF, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on February 12, 1988, in Miami, Florida.
APPEARANCES
For Petitioner: James H. Gillis, Esquire
Department of Professional Regulation Division of Real Estate
Post Office Box 1900 Orlando, Florida 32802
For Respondent: Kenneth A. Ratliff, Pro se
813 Northwest 107th Street Miami, Florida 33168
Petitioner filed an Administrative Complaint against Respondent seeking to take disciplinary action against his real estate salesman license, and Respondent timely requested a formal hearing. Accordingly, the issues for determination herein are whether Respondent is guilty of the allegations contained within the Administrative Complaint, and, if so, what disciplinary action should be taken, if any.
Petitioner presented the testimony of the Respondent Kenneth A. Ratliff, Lucy Charles, Boris Ratner, and Emma L. Brown. Respondent testified on his own behalf and cross-examined Petitioner's witnesses. Additionally, Petitioner's Exhibits numbered 1-8 were admitted in evidence.
Both parties requested leave to file post-hearing proposed findings of fact in the form of proposed recommended orders. All of Petitioner's proposed findings of fact have been adopted either verbatim or in substance in this Recommended Order. Respondent's "proposed recommended order" contained no proposed findings of fact.
FINDINGS OF FACT
At all times material hereto, Respondent has been a licensed real estate salesman in the state of Florida having been issued License No. 0341212. The last license issued to Respondent is delinquent, and Respondent's license is in an involuntary inactive status.
On or about October 28, 1986, the Respondent, while holding a delinquent involuntary inactive license as a salesman in the employ of KSP Real Estate Corporation and Mortgage Services (hereinafter "KSP"), did prepare an offer to purchase (a sales contract) on behalf of Emma L. Brown, Mary L. Howard and Betty F. Howard, as purchasers, for certain real property which was listed for sale with Lucy Charles of Homes by Charles of South Florida.
Respondent received in trust $500 as an earnest money deposit which was to be placed in the KSP escrow account.
In connection therewith, Respondent represented in the sales contract that, as president of KSP, he was acting as an escrow agent and that the $500 was to be held in escrow pending the outcome of the transaction.
KSP is not and has not been a corporation registered as a broker with the Department of Professional Regulation, Division of Real Estate.
Although the contract called for a closing within 120 days from the delivery of the abstract, the transaction did not close.
At no time was the $500 placed in a KSP escrow account as was represented in the sales contract Respondent prepared.
Respondent expected to be paid all or part of $2,640 as compensation for his services, calculated as 3% of the sales price of $88,000, as reflected in the sales contract.
Respondent prepared and presented the sales contract offer to Lucy Charles of Homes by Charles representing himself to be a real estate broker.
The purchasers had previously submitted an offer on the same property through Rickenback Associates, Inc. That offer was not contingent on FHA financing and on the purchasers refinancing their current home. When they showed that offer to their long-time friend, the Respondent, he prepared the sales contract in question in an attempt to re-negotiate the purchasers' then- outstanding offer so they could obtain the terms they wanted which had not been included by Rickenback Associates, Inc.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter hereof and the parties hereto. Section 120.57(1), Florida Statutes.
The Administrative Complaint filed herein contains two counts. Respondent is charged with violating section 475.25(1)(b), Florida Statutes, by having committed fraud, misrepresentation, concealment, false pretenses, false promises, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction; and with violating section 475.42(1)(a), Florida Statutes, and therefore section 475.25(1)(e), Florida
Statutes by operating as a broker while licensed only as an inactive salesman without a valid and current license. Petitioner has proven that Respondent is guilty of Counts I and II of the Administrative Complaint.
Respondent appears to have been acting in the best interests of his long-time personal friends Emma L. Brown, Mary L. Howard and Betty F. Howard. Respondent's motivation and intentions are factors in mitigation of the penalty to be imposed. An appropriate penalty in this case would be a period of suspension rather than revocation, and Petitioner has recommended a six-month suspension.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered finding Respondent guilty of
Counts I and II of the Administrative Complaint and suspending Respondent's real estate salesman license for a period of six (6) months.
DONE and RECOMMENDED this 15th day of March, 1988, at Tallahassee, Florida.
LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 15th day of March, 1988.
COPIES FURNISHED:
Darlene F. Keller, Executive Director Division of Real Estate
Post Office Box 1900 Orlando, Florida 32802
Kenneth A. Ratliff
813 Northwest 107th Street Miami, Florida 33168
James H. Gillis, Esquire Division of Real Estate Post Office Box 1900 Orlando, Florida 32802
William O'Neil, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Docket for Case No: 87-004504
Orders for Case No: 87-004504
| Issue Date |
Document |
Summary |
|
May 17, 1988 |
Agency Final Order
|
|
|
Mar. 15, 1988 |
Recommended Order
|
Six-month suspension for acting as a broker imposed on salesman whose license was in involuntary inactive status.
|
