STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, ) BY GEORGE J. SAUNDERS, )

)

Petitioner, )

)

vs. ) CASE NO. 75-2052

)

GEORGE A. HEYEN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, Hearing Officer, Division of Administrative Hearings, at 2:00 P.M., Wednesday, February 18, 1976, in the 3500 Building, 3530 First Avenue, North, St. Petersburg, Florida.

APPEARANCES

For Petitioner: Richard J. R. Parkinson, Esquire

Associate Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: George A. Heyen

c/o Gregoire-Gibbons, Inc. 6439 Central Avenue

St. Petersburg, Florida 33710 ISSUE

Whether or not the Respondent, George A. Heyen, is guilty of misrepresentation, concealment, false pretenses, trick, scheme or device in a business transaction in preparing a document purporting to be a sales contract, and signing the seller's name thereto, and submitting said document to the mortgage company without the knowledge, consent or approval of the sellers, in violation of Subsection 475.25(1)(a), Florida Statutes.

FINDINGS OF FACT

1. George A. Heyen is a duly registered real estate salesman with the Florida Real Estate Commission, and was so registered and has been so registered continuously since October 1, 1972, as evidenced by Petitioner's Exhibit number 1.

   
   

2. While serving in the capacity as a real estate salesman, the Respondent entered into a listing agreement with one Thomas S. Bowers and Brenda L. Bowers, his wife. This agreement was drawn on December 11, 1973 and is Petitioner's

   Exhibit number 4. On February 6, 1974, a purchase and sell agreement was drawn up by the Respondent and entered into between Maria A. Hindes and the Bowers.

   This purchase and sell agreement is Petitioner's Exhibit number 3. This contract of February 6, 1974 was submitted to Molton, Allen and Williams, Mortgage Brokers, 5111 66th Street, St. Petersburg, Florida. The contract, as drawn, was rejected as being unacceptable for mortgage financing, because it failed, to contain the mandatory FHA clause.

   
   

3. When the Respondent discovered that the February 6, 1974 contract had been rejected, a second contract of February 8, 1974 was prepared. A copy of this contract is Petitioner's Exhibit number 5. The form of the contract, drawn on February 8, 1974, was one provided by Molton, Allen and Williams. When, the Respondent received that form he prepared it and forged the signature of Mr. and Mrs. Bowers. The explanation for forging the signatures as stated in the course of the hearing, was to the effect that it was a matter of expediency. The expediency referred to the fact that the parties were anxious to have a closing and to have the transaction completed, particularly the sellers, Mr. and Mrs. Bowers. Therefore, in the name of expediency the signatures were forged.

   
   

4. Testimony was also given that pointed out the Bowers were very hard to contact in and around the month of February, 1974, and some testimony was given to the effect that the Bowers made frequent trips to Ohio, but it was not clear whether these trips would have been made in the first part of February, 1974.

   
   

5. The Bowers discovered that their name had been forged when they went to a closing on April 11, 1974. They refused to close the loan at that time. On April 24, 1974, a new sales contract was followed by a closing which was held on April 26, 1974 and a copy of the closing statement is Petitioner's Exhibit number 6.

   
   

6. The Respondent has received no fees or commissions for his services in the transaction and there have been no further complaints about the transaction.

   
   

7. Prior to this incident, the Respondent, George A. Heyen, was not shown to have had any disciplinary involvement with the Florida Real Estate Commission and has demonstrated that he has been a trustworthy individual in his business dealings as a real estate salesman.

   
   

   CONCLUSIONS OF LAW

   
   

8. It is concluded as a matter of law that George A. Heyen is guilty of fraud, misrepresentation, concealment, false pretenses, dishonest dealing, trick, culpable negligence, and breach of trust in forging the signatures of Thomas S. Bowers and Brenda L. Bowers to the sales contract of February 8, 1974 without the knowledge and acceptance of this act by those persons. For the reason, George A. Heyen is in violation of Chapter 475.25(1)(a), Florida Statutes, and is subject to a penalty, which is the suspension of his registration as a registrant real estate salesman in the State of Florida for a period not to exceed two (2) years.

RECOMMENDATIONS

It is recommended that the registration of the registrant, George A. Heyen, be suspended for a period not to exceed 30 days.

DONE and ENTERED this 8th day of April, 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

George A. Heyen

c/o Gregoire-Gibbons, Inc. 6439 Central Avenue

St. Petersburg, Florida 33710

Docket for Case No: 75-002052

Orders for Case No: 75-002052