STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-811

) P.D. NO. 3305

GERALD B. CORLEW and )

CORLEW REALTY, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard in the Conference Room of the 3500 Building, 31st Avenue, North, St. Petersburg, Florida, on June 23, 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 Gerald B. Corlew and Corlew Realty, Inc., alleging that Gerald B. Corlew had violated Rule 21V-10.12, Florida Administrative Code, and thereby violated Section 475.25(1)(d), Florida Statutes, by having used the term "Realtor" and the realtor logo in his advertisements and those of Corlew Realty, Inc. The issue presented was whether Corlew had used the name and emblem or insignia of any club, association or organization in a manner which led persons to believe that he was a member of such club, association or organization when in fact he was not a member thereof.

APPEARANCES

For Petitioner: Joseph A. Doherty, Esquire

Staff Counsel

Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32801 For Respondent: No appearance

FINDINGS OF FACT

1. Gerald B. Corlew is a registered real estate broker holding license number 0112972 and Corlew Realty, Inc., is a corporate broker holding license number 0157845.

   
   

2. Mr. Robert M. Wright, Officer Manager for Corlew Realty, Inc., identified letterhead stationary of Corlew Realty, Inc., which he had designed and presented to Gerald B. Corlew before his approval prior to ordering the letterhead stationary for Corlew Realty, Inc. This stationary, copies of which were received as Exhibits 3 and 5, bears the word "Realtor" and the realtor logo, as approved by Mr. Corlew.

3. Mr. Tiny Fullenkamp identified a business card prepared for him by Corlew Realty, Inc., bearing the name "Realtor" and the realtor logo.

   
   

4. The testimony of the witnesses indicated that the stationary was ordered and these documents prepared and used during the first six months in 1977.

   
   

5. The custodian of the records of the West Coast Board of Realtors for Citrus, Sumter and Levy counties shows that Gerald B. Corlew and Corlew Realty, Inc., were not members of the West Coast Board of Realtors in 1977. The custodian of the records further testified that membership in any other realty board would not entitle Corlew to use the name realtor or the realtor logo in association with his business in New Port Richey, Florida, which lies within the geographic boundaries of the West Coast Board of Realtors.

   
   

6. Corlew received notice of the instant hearing as required by the statutes and rules.

   
   

   CONCLUSIONS OF LAW

   
   

7. Gerald B. Corlew is charged under the provisions of Rule 21V-10.12, Florida Administrative Code. This rule provides in pertinent part that:

   
   

   Any real estate broker, or salesman, who uses the name, emblem, or insignia, or any club, association, or organization in such manner as to lead persons to believe that he is a member of such club, association, or organization, when in fact he is not a member thereof in good standing and is not otherwise entitled to use said name, emblem, or insignia, shall be deemed guilty of fraud, misrepresentation, false pretenses, dishonest dealing, trick, scheme or device, or culpable negligence within the meaning of Subsection 475.25(1)(a), Florida Statutes.

   
   

8. The evidence presented shows that Gerald B. Corlew and Corlew Realty, Inc., were no members of the West Coast Board of Realtors at the time that the term "Realtor" and the realtor logo were being used in their stationary. This constitutes a violation of Rule 21V-10.12, Florida Administrative Code.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the registration of Gerald B. Corlew as a registered real estate broker be suspended for a period of sixty (60) days.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 11th day of July 1978.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Joseph A. Doherty, Esquire Staff Counsel

Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32801

Gerald G. Corlew Post Office Box 1086

Homossassa Springs, Florida 32647

Corlew Realty, Inc.

1314 U.S. Highway 19 South

New Port Richey, Florida 33552

Docket for Case No: 78-000811

Orders for Case No: 78-000811