STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

by George A. Illi, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1425

) PROGRESS DOCKET NO. 2648

ROBERT WILLIAM SNYDER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, Hearing Officer, Division of Administrative Hearings, at the 3500 Building, 3530 First Avenue North, St. Petersburg, Florida, at 9:00 A.M., Wednesday, February 18, 1976.

APPEARANCES

For Petitioner: Richard J. R. Parkinson, Esquire

Associate Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Robert William Snyder

2078 Sunset Point Road, Apartment 82 Woodlake Condominiums

Clearwater, Florida 33515

ISSUES

1. Whether or not the Respondent, Robert William Snyder, obtained his registration as a real estate salesman with the Florida Real Estate Commission by means of fraud, misrepresentation, or concealment, in violation of subsection 475.25(2), Florida Statutes, and operated as a real estate salesman without being a holder of a valid current registration certificate at the time of operating as such, in violation of subsection 475.42(1)(a), Florida Statutes, and for these violations whether the real estate license of Robert William Snyder should be suspended and/or revoked.

   
   

2. Whether or not the Respondent, Robert William Snyder, has been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealings, trick, scheme or device, or breach of trust in a business transaction as stated in the Information in violation of subsection 475.25(1)(a), Florida Statutes, and for these violations the real estate license of Robert William Snyder should be suspended for such a violation.

FINDINGS OF FACT

1. On February 9, 1972, the Respondent made application to be registered as a real estate salesman in the State of Florida. (See Petitioner's Exhibit no. 1). The Respondent was subsequently registered a real estate salesman in the State of Florida, and was so registered on March 11, 1975, when he was given a notice of the Information in this cause, as indicated by Petitioner's Exhibit no. 2. On the date of the hearing in this cause, Respondent was still registered as a real estate salesman with the State of Florida. It would appear that the initial registration certificate became effective on June 1972.

   
   

2. When responding to Paragraph 18(a) and 18(b) of the application for registration, which is Petitioner's Exhibit no. 1, the Respondent answered those questions in the negative. The statement of questions 18(a) and 18(b) in the application were as follows:

   
   

   "18(a) Have you in this state operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate broker, within one year next prior to the filing of this applica- tion?

   
   

   18(b) Have you in this state operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate salesman, within one year next prior to the filing of this application, without being the holder of a valid current registration certificate authorizing you to

   do so?"

   
   

3. Prior to the answers to the questions in the form as stated above, discussions of a purchase of real estate in the State Florida had been entered into between the Respondent and his mother, Eleanor C. Russell. The first of these conversations had occurred while returning to the northeastern United States from a vacation trip to Florida. The exact location of that initial discussion is not known; however, the conversation took place in the Fall of 1971. During 1971 Mrs. Russell lived with the Respondent and his wife for a period of six to eight weeks. During that time frame Mrs. Russell entered into a contract for construction, with the Lake Placid Construction Company, Inc.. The terms of this contract are found in Petitioner's Exhibit no. 8. The date of the contract was November 27, 1971. The contract indicated that Lot 2, Block 153, in Unit 12 Placid Lakes, Highland County, Florida, was the contemplated real estate site upon which a duplex home was to be built. The contract was signed by Mrs. Russell and witnessed by Betty Jane Snyder, the Respondent's wife. The contract was subject to financing being obtained. Respondent appeared in the contract as Robert Snyder, a Connecticut broker.

   
   

4. The purchase that was considered was a joint venture between the Respondent and his mother, Eleanor C. Russell. The contract was signed by Mrs. Russell because of certain tax advantages, according to the Respondent, and also because the Respondent was not financially able to get a mortgage in his name solely. When an application for mortgage money was applied for in the name of Eleanor C. Russell, this request was turned down. It was turned down based upon the age of the applicant and the Respondent was required to be a co-signer with his mother for the mortgage commitment to go through.

5. On February 29, 1972, the Respondent signed an agreement for deed on the same parcel of land as shown in the contract which is Petitioner's Exhibit no. 1. The terms of the agreement for deed are found in Respondent's Exhibit no. 1. This agreement for deed was supported by a cash down payment from the Respondent, and was signed solely by the Respondent.

   
   

6. Eleanor C. Russell had put up money in the amount of $14,000.00 for the purchase of the real estate indicated in the contract of November 27, 1971. The amounts of the checks can be found as part of the attachment to Petitioner's Exhibit no. 3.

   
   

7. The purchase of the property was to be effectuated with $14,000 to be paid by Eleanor C. Russell to William Snyder, to be given to the Lake Placid Holding Company, and by funds which the Respondent expected to derive from the sale of the property which he was going to purchase with his mother. The funds were commissions for the sale of the lot according to the contract with the Lake Placid Holding Company, which is Petitioner's Exhibit 9, and also, funds as a commission for the sale of the building itself, which is in accordance with the contract, Petitioner's Exhibit no. 9.

   
   

8. The contract was never consummated due to a disagreement between the Respondent and his mother. The $14,000 which the mother had paid to the Respondent has never been reimbursed to the mother and a judgment has been rendered in favor of Eleanor C. Russell, in the amount of $14,000.00. (See Petitioner's Exhibit no. 6).

   
   

9. The formal negotiations for the sale of the contract for the benefit of the Respondent and his mother, Eleanor C. Russell, occurred in the State of Florida, as it pertains to the contract which she signed, Petitioner's Exhibit

1. The contracts with the bank for financing, and the agreement for deed, Respondent's Exhibit no. 8, signed by the Respondent were in Florida. On the subject of the commissions which the Respondent intended to claim, he intended to claim those commissions as a Connecticut broker, although the sale would have occurred in Florida. The rationale for claiming the commissions, was that the Respondent was entitled to those commissions for the sale of the property to himself, in the same fashion that he would be entitled to the commissions for sales of property to a client in the State of Connecticut, acting as a Connecticut real estate broker. An indication of the Respondent's perception of his status is supported by the words "Connecticut Broker," found on the aforementioned checks signed by Eleanor C. Russell, the contract signed by Mrs. Russell and the agreement for deed signed by the Respondent.

   
   

   1. The money which was given to the Respondent by his mother as a part of the purchase of the real estate and home, has been spent by the Respondent for debts and for furniture, none of these items for the benefit of the mother, Eleanor C. Russell.

      
      

      CONCLUSIONS OF LAW

      
      

   2. In the course of the hearing, certain items of evidence were offered by the Petitioner, upon which ruling was reserved. Petitioner's Exhibit no. 3 is excluded as a matter of law, with the exception of the attached replicas of the check, for reason that the document is deemed to be irrelevant. Petitioner's Exhibit no. 4 is excluded because it is deemed to be irrelevant. Petitioner's Exhibit no. 5 is excluded because the document is hearsay and the statement was not subject to examination by the Respondent. Petitioner's

      Exhibit no. 6 will be allowed into evidence. Petitioner's Exhibit no. 7 will be

      allowed into evidence, to the extent that it is an admission against interest in the context of these proceedings. Petitioner's Exhibits no. 10 and no. 11 are excluded, for the reason that insufficient predicate has been established for the introduction of those documents.

      
      

   3. It is concluded as a matter of law that the Respondent obtained his registration as a Florida real estate salesman with the Florida Real Estate Commission by means of fraud, misrepresentation or concealment, in violation of subsection 475.25(2), Florida Statutes. This conclusion is reached because the Respondent answered question 18(a) and 18(b) of the application in the negative. Those questions read as follows:

      
      

      "18(a) Have you in this state operated, attempted to operate, or held yourself out as being entitled to operate as a real estate broker, within one year next prior to the filing of this application?

      
      

      18(b) Have you in this state, operated, attempted

      to operate, or held yourself out as being entitled to operate, as a real estate salesman, within one year next prior to the filing of this application, without then being the holder of a valid current registration certificate authorizing you to do so?", subsection 475.25(2), Florida Statutes.

      
      

      The defendant had in fact participated in a venture in which he acted as a real estate salesman for promised commissions in a transaction in which Eleanor C. Russell was involved, and had the Petitioner known that the applicant was acting in a capacity as a real estate salesman in the State of Florida without a license, it would not have issued a registration certificate to him.

      
      

   4. The Respondent is guilty of operating as a real estate salesman without being the holder of a valid current registration certificate with the State of Florida, in violation of Subsection 475.42(1)(a), Florida Statutes. This conclusion is reached upon the basis of the fact that the Respondent was involved in the sale of real estate for promised commissions within the State of Florida, for the benefit of Eleanor C. Russell, between November, 1971 and February 29, 1972, while he did not hold a valid current registration certificate with the Florida Real Estate Commission.

      
      

   5. The Respondent is not guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealings, tick, scheme or device, or breach of trust in this business transaction, in violation of subsection 475.25(1)(a), Florida Statutes. The Respondent is not in violation of this subsection because at the time the violation occurred in which he obtained

$14,000 from his mother, Eleanor C. Russell, he did not hold a registration certificate with the Florida Real Estate Commission. His dealings with Eleanor

C. Russell occurred between November, 1971 and February 29, 1972, and the registration certificate was issued on June 22, 1972.

RECOMMENDATION

It is recommended that the real estate registration certificate of Robert William Snyder, the Respondent, to be a real estate salesman in the State of Florida be revoked.

DONE and ENTERED this 7th day of June, 1976, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Richard J. R. Parkinson, Esquire Associate Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Robert William Snyder

2078 Sunset Point Road, Apt. 82 Woodlake Condominiums Clearwater, Florida 33515

Docket for Case No: 75-001425

Orders for Case No: 75-001425