STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION ) ex rel. EDGAR M. GREENE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-573

)

LAWRENCE SCHERR, )

)

Respondent. )

)

APPEARANCES

For Petitioner: Manuel E. Oliver, Esquire

Staff Attorney, Florida Real Estate Commission

717-Ponce de Leon Boulevard Coral Gables, Florida 33134

For Respondent: Lawrence Scherr, pro se.

2222 Southwest 22nd Terrace Miami, Florida 33145

RECOMMENDED ORDER

This case came before the Division of Administrative Hearings on a Administrative Complaint filed by the Florida Real Estate Commission, charging the Respondent with having negotiated several sales of real estate in the capacity as a salesman without having been the holder of a valid, current registration as required by Section 475.42(1)(a), F.S., and thereby violating Section 475.24(1)(d), F.S. A hearing was noticed and convened for 9:00 a.m., May 26, 1976, at the offices of the Florida Real Estate Commission, 717 Ponce de Leon Boulevard, Commonwealth Building, Suite 307, Coral Gables, Florida. At that hearing the Respondent appeared on his own behalf. Prior to the actual taking of testimony, the Respondent admitted that the sales as recited in paragraph 5 of the Complaint occurred as described.

The facts and circumstances relevant to this proceeding are as follows: Prior to December 3, 1974, the Respondent worked as a real estate salesman registered with Coral Park Realty. Richard Beare was an active broker with that company but his registration with the Florida Real Estate Commission expired on December 3, and he ceased to be an active broker from that date forward. The Respondent then in December, 1974, became an agent for 11 Lago Condominiums.

The Respondent, when he became affiliated as a salesman for those condominiums, worked under George T. Norris, broker. It was explained to Mr. Scherr when he began with the 11 Lago Condominiums that he would have to apply with the Florida Real Estate Commission and become registered with his new employer. The Respondent, Scherr, submitted an application with the Florida Real Estate Commission to have his registration transferred to Norris Realty, dated January 29, 1975, Petitioner's Exhibit No. 1. This application was apparently received

by the Real Estate Commission on February 19, 1975. Mr. Scherr testified that between the time he left Coral Park Realty and began with Norris Realty, he took a vacation of several weeks and did not return to South Florida until January 25, 1975. He also testified that to fill out the required form (Form 400.5) the Florida Real Estate Commission requires that the last issued certificate be attached to that form. Said form was introduced into evidence as Petitioner's Exhibit No. 1. It is noted that upon that form, it states at the very top, "Attach Last Issued Certificate To This Form".

The Respondent, Lawrence Scherr, testified that he never received a certificate from the Florida Real Estate Commission to cover his association with Coral Park Realty. He therefore wrote a letter on January 29, 1975, with a check for $10.00, Respondent's Exhibit No. 6, which requested that his registration be changed from Coral Park Realty to Norris Realty. This letter was written only two days after the Respondent's first sale on behalf of Norris Realty, and four days after his return to Florida. There was no allegation nor any proof which would indicate that the defendant purposefully or with wrongful intent attempted to avoid Real Estate Commission regulations. In fact, the evidence clearly indicates that almost as soon as the Respondent returned from his vacation and began working for Norris Realty he communicated with the Real Estate Commission, sent the required amount of money to transfer his registration from Coral Park to Norris Realty and requested such transfer.

The fact that the Respondent negotiated several sales two days before he wrote this letter is a violation of the most technical and insignificant nature. It is assumed that the transfer of a real estate salesman's registration from one broker to another is a ministerial act on the part of the Real Estate Commission. The fact that a salesman neglects for a few days to immediately notify the Real Estate Commission of a change in his accurate status is certainly not grounds for the suspension of such license. At best, the Respondent should have been notified of the infraction and advised to be more punctual about such matters.

RECOMMENDATION

It is recommended that the Complaint against the Respondent be dismissed. ENTERED this 9th day of June, 1976, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Manuel E. Oliver, Esquire Staff Attorney, Florida

Real Estate Commission

17 Ponce de Leon Boulevard Coral Gables, Florida 33134

Lawrence Scherr

2222 Southwest 22nd Terrace Miami, Florida 33145

C. B. Stafford, Executive Director Florida Real Estate Commission

699 Lee Road

Winter Park, Florida 32789

Docket for Case No: 76-000573

Orders for Case No: 76-000573