STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

vs. ) CASE NO. 78-887

)

ALFORD R. LYDON, SR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, at 1:00

1. on March 5, 1979, in Courtroom C of the Pinellas County Judicial Building, St. Petersburg, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Kenneth M. Meer

   Staff Counsel

   Florida Real Estate Commission Post Office Box 1900

   Orlando, Florida 32801

   
   

   For Respondent: Alford R. Lydon, Sr.

   3301 58th Avenue North, Lot 146 St. Petersburg, Florida 33714

   
   

   FINDINGS OF FACT

   
   

   Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts are found.

   
   

   1. At all times relevant to this proceeding, respondent Lydon was registered with the Florida Real Estate Commission as a real estate salesman.

      
      

   2. By an administrative complaint filed on February 8, 1978, the petitioner sought to revoke, suspend or otherwise discipline the respondent's license and right to practice thereunder. The ground for such complaint is that respondent collected money as a salesman in connection with a real estate brokerage transaction in a name not his employer's and without the express consent of his employer.

      
      

   3. The respondent admits, and the evidence demonstrates, that in December of 1973, the respondent obtained a listing agreement for the sale of real property from Mary E. Renney, brought the seller Renney and the buyer Stephen together, prepared the contract for sale and obtained a check made payable to him in the amount of $500.00 for this transaction, which check was cashed by him. Mr. Lydon testified that he did these things as a personal favor to Mrs. Renney and that his broker knew about these transactions. No evidence was

      presented that respondent's broker gave his express consent to the events described herein.

      
      

      CONCLUSIONS OF LAW

      
      

   4. It is a violation of the real estate license law for a salesman to collect any money in connection with any real estate brokerage transaction, whether as a commission, deposit, payment, rental, or otherwise, except in the name of the employer and with the express consent of the employer. Florida Statutes, 475.42(1)(d). By accepting the $500.00 check made out to respondent in his own name, and cashing the same, the respondent Lydon has violated this provision and is thus subject to the disciplinary provisions of F.S. 475.25(1).

      
      

   5. In light of the fact that there was no evidence that any member of the general public had been harmed by the transactions which form the basis of the administrative complaint as well as the length of time which has elapsed since this event occurred, a harsh penalty would not be appropriate. A written reprimand directed to respondent by the petitioner would adequately punish the respondent and serve to safeguard the public interest.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited above, it is RECOMMENDED that respondent Alford R. Lydon, Sr., be found guilty of the charges contained in the administrative complaint dated February 8, 1978, and that said finding constitute the written reprimand discussed above.

Respectively submitted and entered this 2nd day of April, 1979, in Tallahassee, Florida.

DIANE D. TREMOR.

Hearing Officer

Division of Administrative Hearings

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

COPIES FURNISHED:

Kenneth M. Meer Staff Counsel

Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32801

Alford R. Lydon, Sr. 3301 58th Avenue North Lot 146

St. Petersburg, Florida 33714

Docket for Case No: 78-000887

Orders for Case No: 78-000887