STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1443

)

ELANOR HOLLIS t/a Hollis Real ) Estate and ALBERT E. PASTORINI, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter was called up for hearing on October 14, 1976, at the Palm Beach County Courthouse, West Palm Beach, Florida.

APPEARANCES

For Petitioner: Ralph Fetner, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida

For Respondents: Elanor Hollis, pro se

Albert E. Pastorini, pro se ISSUE

The Respondents were charged in a Complaint issued by the Florida Real Estate Commission with offering parcels of real estate for sale without having received authorization from the owners to do so. As such, Respondents Elanor Hollis, Broker, and Albert E. Pastorini, Salesman, are charged with having been guilty of fraud, misrepresentation, concealment, false pretenses, dishonest dealing, trick, scheme or device, culpable negligence, or breach of trust in a business transaction, in violation of Subsection 475.25(1)(a), Florida Statutes.

The circumstances surrounding the issuance of this Complaint originated with the approval of a park development bond issue by the voters of Palm Beach County for the purpose of purchasing additional recreational areas in that county. Following a voter referendum an advisory group of seven citizens was appointed by the Palm Beach County Commission to oversee the expenditure of $50 million for public beaches and parks. It became a matter of common knowledge that said citizens' committee would consider offers of realty for consideration as to their suitability for purchase by the county.

FINDINGS OF FACT

1. The Respondent, Albert E. Pastorini, is a registered real estate salesman and works out of the office of Elanor Hollis, a registered real estate broker trading under the name of Hollis Real Estate. Under the stationary of

   Hollis Real Estate, the Respondent Pastorini offered eleven separate parcels of realty to Palm Beach County as offerings under their $50 million parks and recreation land acquisition program.

   
   

2. One of those parcels was designated, for purposes of this hearing, as the Schine property. Schine Enterprises, Inc. is a landowner in Palm Beach County with ocean front properties. Mr. Howard P. Miller is an employee of Schine Enterprises and is also a registered real estate broker. Mr. Miller testified that he has had contact with the Respondent, Pastorini, for quite some time and has on repeated occasions told him that the Schine property was not available for sale and that no listings were available. Mr. Miller testified he learned early in 1975 that the 27 acre Schine property had been offered to the county for consideration under the bond program. Miller testified that he learned this property had been offered by Pastorini but that he had never given Mr. Pastorini authorization to do so. Miller also testified that some time in April, 1975, Ms. Hollis and Mr. Pastorini came to his office at his request and he informed Mr. Pastorini in no uncertain terms that he had no authorization to list the property. Mr. Pastorini, according to Mr. Miller, stated that Mr. Miller had given him a verbal listing which Miller denied.

   
   

3. When the county began reviewing the offerings of property, they became aware that some of these offerings had not been authorized by the owners and so they therefore by letter, requested all brokers and salesmen that had submitted offerings to demonstrate proper authorization from the owners or else the county would purge these offerings from their list of available properties. Of the eleven offerings that Pastorini submitted to the county, he was able only to produce two authorizations; one for thirty days and the other for an open listing.

   
   

4. No evidence was presented regarding any activities on behalf of Elanor Hollis, the other Respondent.

   
   

   CONCLUSIONS OF LAW

   
   

5. From the above, it is concluded that the Respondent, Pastorini, has committed acts at least which demonstrate misrepresentation and concealment in his capacity as real estate salesman. After listening to and reviewing all the evidence, it appears Mr. Pastorini was not actually attempting to defraud anyone, but it appears he was overly optimistic at the chances of talking both a prospective seller and buyer into a transaction where he undoubtedly expected to earn a commission. Nevertheless, intentional misstatements were made by Mr. Pastorini in violation of Chapter 475, Florida Statutes. It is, therefore, RECOMMENDED that the Real Estate Commission dismiss its charges against Elanor Hollis and that the Respondent, Pastorini, be found guilty and his license suspended for a period of sixty (6O) days.

DONE and ENTERED this 27th day of October, 1976, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

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

(904) 488-9675

COPIES FURNISHED:

Ralph Fetner, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Elanor Hollis

c/o Hollis Real Estate

217 Peruvian Avenue

Palm Beach, Florida 33480

Albert E. Pastorini c/o Sy Reese, Broker 3601 Prospect Avenue

Riviera Beach, Florida 33404

Docket for Case No: 76-001443

Orders for Case No: 76-001443