STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION )

ex rel. JACK KING, )

)

Petitioner, )

)

vs. ) CASE NO. 77-184

) Progress Docket No. 2944

1. PATRICK LONG, JR., )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on September 27, 1977 at Winter Park, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Richard J. R. Parkinson, Esquire and

   Louis B. Guttman, Esquire Staff Attorneys

   Florida Real Estate Commission 2699 Lee Road

   Winter Park, Florida 32739

   
   

   For Respondent: C. Patrick Long, Jr., Pro Se

   1609 West Oakridge Road Orlando, Florida 32809

   
   

   By Administrative Complaint filed September 9, 1976, Florida Real Estate Commission ex rel. Jack King, seeks to revoke, suspend or otherwise discipline the registration of C. Patrick Long, Jr., Respondent as a real estate salesman. As grounds therefore it is alleged that during the course of his employment as a real estate salesman with National Property Services, Inc. (NPS) from September 29, 1975 to February 24, 1976 he was guilty of misrepresentation, false promises, false pretenses, etc. in soliciting advance listing fees from property owners by advising them that NPS sold about 90 percent of their listings, that the property would sell for several times its original purchase price, and that the company brought building contractors down at company expense to show them lots and induce then to build; that these representations were false and known by Respondent to be false; that Respondent aided, assisted, and conspired with NPS in dishonest dealings to obtain advance listing fees; and that the above acts constituted a course of conduct of a nature to show Respondent to be so dishonest and untruthful that money, property, transactions and rights of investors or those with whom he may sustain a confidential relationship cannot safely be entrusted to him. These acts are alleged to violate 475.25(1)(a) and 475.25(3), F.S.

   At the beginning of the hearing Long stipulated that at all times alleged in the Administrative Complaint he was a real estate salesman with NPS and so registered with the FREC. Thereafter four exhibits were offered into evidence, three of these were admitted and Respondent Long was called by the FREC to testify. Exhibit 4 for identification was not authenticated by any witness and was not admitted into evidence.

   
   

   FINDINGS OF FACT

   
   

   1. At all the times here involved C. Patrick Long, Jr. was a real estate salesman employed by NPS. NPS commenced operation in August, 1975 with Gary Adam Tritsch as broker. Long was employed in September after he was contacted by Tritsch and visited the Ft. Lauderdale office. There the operation was explained to him as salesman soliciting listings from out of state owners of Florida land for which the owners would pay a listing fee. The salesmen worked from 6:00 to 10:00 P.M. making telephone calls to home owners to inquire if they were interested in selling the land they had previously purchased.

      
      

   2. It was agreed that Long could conduct his operations from his home in Spring Hill near Royal Highlands, a development where Long had previously sold lots. Long was given a script to use in his soliciting. He was told that Tritsch was setting up out-of-state broker and that NPS would fly in these brokers with potential customers to which Long would show the property.

      
      

   3. Long advised those owners he called long distance, in accordance with what he was told, and in accordance with the script that NPS would fly in brokers and customers to whom Long would show the property. After making numerous inquiries to Tritsch about the lack of customers, Long quit.

      
      

   4. To those Long called who indicated an interest in selling their land be advised that the Ft. Lauderdale office would send a listing contract and thereafter advertise their property for sale in National Multiple Listing Services. The owner paid a listing fee of $350 and Long received $125 for each listing he collected, plus the cost of his calls.

      
      

   5. No evidence was submitted that Long advised his clients that NPS sold

      90 percent of the listings or that the lots could be sold for more than the current market price.

      
      

   6. After several weeks with no potential buyers arriving to be shown the land for which he had solicited listings Long inquired of Tritsch regarding the advertising that was supposedly being done but he did not receive copies of this advertising. After realizing that no customers would show up to view the listings he had obtained, Long quit.

      
      

      CONCLUSIONS OF LAW

      
      

   7. Section 475.25(1)(a) F.S. provides in pertinent part that the registration of a registrant may be suspended for a period not to exceed two years upon a finding that the registrant has:

      
      

      "Been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing, trick, scheme or device, culpable negligence,

      or breach of trust in a business transaction . . ."

   8. Section 475.25(3) F.S. provides:

"The registration of a registrant may be revoked if the registrant shall, for a second time, be found guilty of any misconduct that warrants his suspension under subsection (1) of this section, or if he shall be found guilty of a course of conduct or practices which show that he

is so incompetent, negligent, dishonest or untruthful that the money, property, transaction and rights of investors or those with whom he may sustain a confidential relation, may not safely be entrusted to him."

Long was hired to solicit listings. He was told that brokers and customers would be flown in to view the property at Royal Highlands and, until some time had elapsed with no customers appearing, he was entitled to rely on those representations made by his broker. While it may be assumed that after a certain time frame had passed without the appearance of these potential buyers Long should have known that little, or no, effort to sell the property listed was being made, no evidence was presented as to when Long actually stopped soliciting listings. A finding of guilty cannot be predicated upon such assumption. Absent evidence of knowledge on the part of Long of the efforts, or lack thereof, being made to resell the property so listed Long cannot be found guilty of violation of 475.25(1)(a) above quoted. Absent a finding of guilty of violation of 475.25(1)(a), no finding of guilty can be made that this constitutes a course of conduct as proscribed by 475.25(3) F.S.

From the foregoing it is concluded that the evidence submitted is insufficient to find Long guilty as charged. It is therefore,

RECOMMENDED that the charges be dismissed.

DONE and ENTERED this 14th day of October, 1977, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

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

COPIES FURNISHED:

Richard J. R. Parkinson, Esquire and Louis B. Guttman, Esquire

Staff Attorneys

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

C. Patrick Long, Jr. 1609 West Oakridge Road Orlando, Florida 32109

================================================================= AGENCY FINAL ORDER

=================================================================

FLORIDA REAL ESTATE COMMISSION

JACK KING,

Petitioner,

PROGRESS DOCKET NO. 2944

vs. ORANGE COUNTY

DOAH CASE NO. 77-184

1. PATRICK LONG, JR.

   
   

   Respondent.

   /

   
   

   FINAL ORDER

   
   

   At a regular meeting of the Florida Real Estate Commission held at its Executive Headquarters in Winter Park, Florida on November 22, 1977,

   
   

   Present: Maggie S. Lassetter, Chairman

   Levie D. Smith, Jr., Vice Chairman Arthur N. Hamel, Member

   
   

   Appearances: Louis B. Guttmann, III,

   Attorney for Petitioner Richard J. R. Parkinson, Attorney for Petitioner

   C. Patrick Long, Jr., Respondent

   
   

   This matter came on for Final Order upon the Petitioner's Administrative Complaint, the Respondent's Election of Rights form and the Hearing Officer's Recommended Order, and the Petitioner's Exceptions thereto, and upon consideration thereof, together with the record and oral argument by counsel for the Petitioner and the Respondent on his own behalf, and the Commission having reviewed the entire record, the Findings of Fact and Conclusions of Law in the Recommended Order, and the Commission being fully advised in the premises finds:

   
   

   1. That according to the records of the Commission, Respondent C. Patrick Long, Jr., is registered with the Commission as a real estate salesman, 1609 W. Oakridge Road, Orlando, Florida, 32809.

      
      

   2. The Petitioner's Exceptions to the Findings of Fact of the Hearing Officer as set forth in the Recommended Order are well taken and should be sustained.

   3. That Respondent C. Patrick Long, Jr., had knowledge of the nature of the advance fee operation of National Property Service, Inc., and of the falsity of the representations made by Respondent C. Patrick Long, Jr., in the solicitation of advance fee listings, because of his age and past experience in real estate and his earning of approximately $2,800.00 in commissions during a period of approximately five (5) months.

      
      

   4. That the Petitioner's Exceptions to the Conclusions of Law as set forth in the Hearing Officer's Recommended Order, are well taken and should be sustained.

      
      

   5. That the Findings of Fact and Conclusions of Law of the Hearing Officer which were not excepted to, by the Petitioner, are supported by competent, substantial evidence in the record and should be adopted, as amended by the Commission, as the Findings of Fact and Conclusions of Law of the Commission.

      
      

   6. That the Petitioner's Exceptions to the Recommendation of the Hearing Officer are well taken and should be sustained.

IT IS THEREUPON ORDERED that the Findings of Fact and Conclusions of Law of the Hearing Officer, as amended by the Commission above are incorporated herein by reference, and the same are hereby, adopted as the Findings of Fact and Conclusions of Law of the Commission.

IT IS FURTHER ORDERED that Respondent C. Patrick Long, Jr., be, and he is hereby, adjudged guilty of violation of Subsection 475.25(1)(a), Florida Statutes, as charged in Counts One and Two of the Administrative Complaint.

IT IS FURTHER ORDERED that Respondent C. Patrick Long, Jr., be, and he is hereby, adjudged not guilty of violation of Subsection 475.25(3), Florida Statutes, as charged in Count Three of the Administrative Complaint, and said Count is hereby, dismissed.

IT IS FURTHER ORDERED that for such violation the registration of Respondent C. Patrick Long, Jr. be, and the same is hereby, suspended for a period of six (6) months, said suspension to become effective upon the effective date of this Order as provided by law.

DONE and ORDERED at Winter Park, Florida this 28th day of November, 1977.

Maggie S. Lassetter Chairman

P. D. Smith, Jr. Vice Chairman

A. N. Hamel Member

I HEREBY CERTIFY that I mailed a copy of the foregoing Final Order to Respondent, C. Patrick Long, Jr., 1609 W. Oakridge Road, Orlando Florida 32809 by United States registered mail this 28th day of November, 1977.

* Executive Director

* NOTE: Document filed with DOAH unsigned. NOTICE TO RESPONDENT:

This Order shall become effective upon the 28th day of December, 1977. You have a right of review by an Appellate Court.

Please comply with this Order. We are enclosing an envelope for your convenience in surrendering your registration certificate.

Docket for Case No: 77-000184

Orders for Case No: 77-000184