STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-173

)

1. C. HOFFMAN, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   This case was heard pursuant to notice in the third floor conference room of the State Office Building, 400 West Robinson Street, Orlando, Florida, on March 1, 1978, 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 J. C. Hoffman.

   
   

   Notice of these proceedings was given J. C. Hoffman by the Florida Real Estate Commission and the Division of Administrative Hearings in the manner required by the applicable statutes.

   
   

   The Board presented evidence that Hoffman was guilty of a violation of Section 475.25(1)(a) and 475.25(2), Florida Statutes.

   
   

   APPEARANCES

   
   

   For Petitioner: Charles Felix, Esquire

   Florida Real Estate Commission

   400 West Robinson Street Orlando, Florida 32801

   
   

   For Respondent: Unrepresented

   
   

   ISSUE

   
   

   Whether J.C. Hoffman violated the provisions of Section 475.25(1)(a) and Section 475.25(2), Florida Statutes.

   
   

   FINDINGS OF FACT

   
   

   1. J. C. Hoffman also known as Jean Hoffman was a registered real estate salesman whose certificate expired September 30, 1974. On March 31, 1975, Hoffman reapplied and was recertified by the Florida Real Estate Commission. During the intervening period, Hoffman continued to be registered by the Commission.

      
      

   2. In late 1974, Jean Hoffman showed David W. Jarrett two lots which Jarrett subsequently offered to purchase. Jarrett gave Hoffman $1,500 as a deposit receipt on this transaction in two checks, one for $300 and the other

      for $1,200. These checks were received into evidence as Exhibit 2. The contract entered into by Jarrett was received into evidence as Exhibit 1. Because Hoffman was not present at the hearing, Jarrett identified a picture of Hoffman taken from the files of the Florida Real Estate Commission as the individual who he had known as Hoffman. This picture was received into evidence as Exhibit 4.

      
      

   3. After entering into this transaction, Jarrett waited some time and when a closing did not take place, attempted to contact Hoffman. He was unable to contact Hoffman and unable to obtain the return of his $1,500. Jarrett also identified a letter from Barbara E. Green, the owner of the property, which he had received in reply to a letter to her concerning this transaction. This letter was received as Exhibit 3, and indicates that Green had rejected the offer.

      
      

   4. All Jarrett's efforts to obtain return of his money from Hoffman failed and the money and Hoffman have disappeared.

      
      

      CONCLUSIONS OF LAW

      
      

   5. Because at the time of the events in question occurred, Hoffman was a registrant although uncertified by the Florida Real Estate Commission, the Florida Real Estate Commission retained its authority over him. Hoffman subsequently applied for recertification.

      
      

   6. The Florida Real Estate Commission has charged Hoffman with a violation of Section 475.25(1)(a), Florida Statutes, and that Hoffman represented that be was a real estate salesman while his certificate had expired. The evidence indicates that Hoffman's registration had in fact expired and Jarrett's testimony was that Hoffman did represent that he was a real estate salesman. Further, the evidence presented at the hearing showed that Hoffman received

      $1,500 from Jarrett and that Hoffman did not return the money to Jarrett or complete the transaction.

      
      

   7. The evidence presented shows not only a violation of Section 475.25(1)(a), Florida Statutes, but shows that Hoffman's conduct in this transaction is such that he may not be trusted with the money of others to whom he owes a fiduciary duty. This constitutes a violation of Section 475.25(2), Florida Statutes.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Florida Real Estate Commission revoke the registration of J. C. Hoffman also known as Jean Hoffman.

DONE and ENTERED this 9th day of March, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Charles E. Felix, Esquire Florida Real Estate Commission

400 West Robinson Avenue Orlando, Florida 32801

J. C. Hoffman

% Patrick N. O'Keef

Dist. Road 5-7837 and N. Hwy 452 Lake Yale Village

Leesburg, Florida 32748

Docket for Case No: 78-000173

Orders for Case No: 78-000173