WESLEY WALLACE, FLORIDA REAL ) ESTATE COMMISSION, )
)
Petitioner, )
)
vs. ) CASE NO. 75-1086
)
ROBERT M. TROMSLEY, )
)
Respondent. )
)
RECOMMENDED ORDER
After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, at the Florida Real Estate Commission Office, Los Olas Building, Suite 210, 304 South Andrews Avenue, Fort Lauderdale, Florida, on January 14, 1976, commencing at 1:00 P.M.
APPEARANCES
For Petitioner: LOUIS B. GUTTMANN, ESQUIRE
Florida Real Estate Commission 2699 Lee Road
Winter Park, Florida 32789
For Respondent: DAVID T. PRICE, ESQUIRE
Price, Bryne & Case
2810 East Oakland Park Boulevard Fort Lauderdale, Florida
ISSUE
Whether the license of the Defendant should be suspended or revoked.
FINDINGS OF FACT
Defendant Robert M. Trombley holds real estate broker's license No. 0090046.
An Information was filed against Defendant charging him with sharing a commission or paying a fee or other compensation to a person not properly registered as a real estate broker or salesman under the laws of this state for the referral of real estate business, clients, prospects or customers in violation of Subsections 475.25(1) and 475.01(2), Florida Statutes.
Mary M. Morritt, a real estate broker with Realty Unlimited, was involved in a real estate transaction with Defendant for the purchase of 37 acres of property in Brevard County in the summer of 1972. Several times she met with others and the purhaser's agent, Percy Buzaglo, in order to draw a
contract. Mrs. Morritt suggested at a meeting in the office of Tom Griffith, Esquire, that the real estate commission be renegotiated and divided equally amoung the three brokers involved in the sale. She received no response to her suggestion although on a previous occasion Defendant had understood from a remark of Defendant that another broker was involved in the purchase. Mrs Morritt received a commission for the sale although she did not attend the closing. She never saw the unknown so-designated broker she had understood would share the commission and saw no evidence of an agreement or payment of real estate commission to him. At the time of the hearing the witness did not know the names of all of the principals.
Mr. Ray M. Teboe, a registered real estate broker with Realty Unlimited, testified that there was a commission split in April 1973 for the sale of the subject property 50 percent to Defendant and 50 percent to Realty Unlimited which in turn was divided with The Keyes Company. Mr. Teboe understood from Mrs. Morritt that Defendant had another broker working with him. Mr. Teboe understood that Defendant was afraid of getting into trouble with, he understood, the Florida Real Estate Commission. Mr. Teboe was at some of the meetings concerning the transaction with Defendant and Defendant mentioned that he had to pay his wife alimony. Relevancy of this statement not established.
The main witness for the Plaintiff refused to testify upon the grounds that his testimony might tend to incriminate him.
The Hearing Officer further finds:
The Plaintiff Florida Real Estate Commission presented evidence and testimony by witnesses with innuendo that Defendant as a cooperating real estate broker did share a real estate commission in violation of Chapter 475, Florida Statutes, but did not present sufficient competent evidence to establish its position that the Defendant did in fact violate the statute.
CONCLUSIONS OF LAW
There was insufficient evidence presented to determine that Defendant violated Chapter 475, Florida Statutes, as charged.
