STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1295

)

WALLACE E. ADAMS, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on January 17, 1979, as part of a consolidated hearing on Case Nos. 77-1286, 77-1293, 77-1294, and 77-1295. This case was heard in Miami, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was presented on an administrative complaint filed by the Florida Real Estate Commission against the Respondent alleging that the Respondent violated Section 475.25(1)(a), Florida Statutes, by making false statements to prospective clients of Continental Marketing Services to induce clients to list their property with Continental Marketing Services and pay an advance fee for such listing while knowing that the company would not make a bona fide effort to sell the property; and further that the Respondent had violated Section 475.25(3), Florida Statutes, by engaging in a course of conduct showing that the Respondent was so dishonest and untruthful that the Respondent could not be trusted in business transactions with the money, property or rights of others.

The issue presented is whether the Respondent violated Section 475.25(1)(a) and Section 475.25(3), Florida Statutes, as alleged in the administrative complaint.

APPEARANCES

Petitioner: Mark A. Grimes, Esquire

Post Office Box 1900 Orlando, Florida 32802

Respondent: Wallace E. Adams, pro se

c/o Dory Auerbach

456 NE 29th Street Miami, Florida 33137

FINDINGS OF FACT

1. Wallace Adams was a registered real estate salesman with Continental Marketing Services from November, 1975, until May, 1976.

   
   

2. The depositions of Robert Cline, Donald Brawdy and Jean Sue Brawdy were received into the record without objection. The depositions of the Brawdys reflect that they received a telephone call from an individual identifying

   himself as Wallace or Wally Adams. The deposition of Robert Cline reflects that he received a call from an individual whom Cline identified only as Mr. Adams.

   The deponents indicated that the caller stated he represented Continental Marketing Services, a real estate sales organization. The caller represented that Continental Marketing Services desired to list property which they owned in Florida and Arizona for sale. The caller represented that their property would be advertised nationally and internationally, and that foreign buyers were interested in purchasing such property. Cline indicated that he was called in approximately November of 1975, and the Brawdys indicated that they were first contacted in February of 1976. The caller suggested the potential sales prices of the property to be listed, and the deponents eventually entered into a listing contract with Continental Marketing Services, paying advance listing fees ranging from $350 to $1,125. None of the deponents indicated that they ever met the Respondent, Wallace E. Adams.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Florida Real Estate Commission has charged the Respondent with violation of Section 475.25(1)(a) and Section 475.25(3), Florida Statutes. Specifically, the Florida Real Estate Commission alleges that the Respondent made false and misleading statements to induce people to list property with Continental Marketing Services and pay an advance fee. The Florida Real Estate Commission further alleges that the Respondent knew that the Continental Marketing Services made no bona fide effort to sell the property which it listed. Lastly, the Florida Real Estate Commission alleges that the Respondent, by engaging in the course of conduct described above, has show that he cannot be entrusted to deal with the money, property or rights of others.

   
   

4. There is no evidence to support the allegation that the person who identified himself as Wallace Adams is the Respondent in this cause. In the deposition of Cline, the identity of the caller is limited to "Mr. Adams." Although the caller was identified as Wally or Wallace Adams by the Brawdys, there is no indication that the Brawdys ever met or knew the Respondent in this cause and could identify the caller as the Respondent.

   
   

5. No evidence was introduced to show that any of the statements made by the caller to the deponents was false. No substantial and competent evidence was introduced that the Respondent made the telephone calls to the deponents, that the Respondent had any knowledge that Continental Marketing Services was not making a bona fide effort to sell property listed by the company, or that Continental Marketing Services did not make a bone fide effort to sell the property.

   
   

6. The Florida Real Estate Commission has the burden to present competent and substantial evidence to prove the allegations of the administrative complaint. There is no evidence that the Respondent violated Section 475.25(1)(a) or Section 475.25(3), Florida Statutes, as alleged.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission take no action against the registration of Wallace E. Adams as a registered real estate salesman.

DONE and ORDERED this 16th day of March, 1979, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Mark A. Grimes, Esquire Staff Attorney

Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802

Wallace E. Adams c/o Dory Auerbach

456 NE 29th Street Miami, Florida 33137

Docket for Case No: 77-001295

Orders for Case No: 77-001295