STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 79-552

)

PATRICIA B. WRIGHT, )

)

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 24 May 1979 at St. Petersburg, Florida.

APPEARANCES

For Petitioner: Kenneth M. Moor, Esquire

Staff Attorney

Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32802

Respondent was not present.

By Administrative Complaint filed 22 January 1979, Florida Real Estate Commission (FREC or Petitioner) seeks to suspend or otherwise discipline the registration of Patricia B. Wright, Respondent, as a real estate salesman. As grounds therefor it is alleged that Respondent violated Sections 475.25(1)(a) and (i), Florida Statutes, by misappropriating some $217 in cash at the closing of a real estate transaction and by removing the file of this transaction.

Depositions of 4 witnesses were admitted into evidence as was the registration file of Respondent and copies of the certified mail receipts that the notice of hearing was forwarded to the address of Respondent's last registered employer and undelivered because Respondent had moved.

FINDINGS OF FACT

1. Patricia B. Wright was the selling agent in a real estate transaction involving the purchase of a mobile home by Denver Brannen from Richard and Josephine Young in Panama City, Florida.

   
   

2. At the closing, the purchaser paid $433 in cash to Respondent, who handled the closing. This was in addition to the $920 deposit made by purchaser when the contract was executed.

   
   

3. At the closing funds owed to the sellers were disbursed by Respondent. These funds included a check on the Whaley Real Estate, Inc. escrow account for

   $920 and $212.66 in cash received from buyer at closing. The balance of the cash received from the buyer in the amount of $217.34 was retained by Respondent.

   
   

4. A deposit slip for Whaley's escrow account purporting to deposit the cash received at closing and not disbursed to seller was prepared by Respondent, but the money was never deposited in the escrow account.

   
   

5. Shortly after the closing Respondent left town reportedly with the purchaser. When the file of this transaction could not be located and the real estate office became aware that various documents were missing and had not been recorded, at tempts to locate Respondent were mane. Telephone contact was made with her in the St. Petersburg area. When asked about the cash received at closing, Respondent admitted she had taken it. The purchaser with whom Respondent had departed telegraphed $218 to Whaley Real Estate, Inc.

   
   

6. Respondent's last employer registered with FREC is Trevor & Young, Inc., 1910 Drew Street, Clearwater, Florida. A copy of the Notice of Hearing sent to that address by certified mail was returned not delivered with the receipt stating addressee had moved and left no forwarding address.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of these proceedings.

   
   

8. Section 475.40, Florida Statutes, provides that notice to a salesman registrant is adequate if mailed by registered mail addressed in care of the salesman's registered employer.

   
   

9. Section 475.25(1), Florida Statutes, provides in pertinent part:

   
   

   The registration of a registrant may be suspended for a period not exceeding 2 years . . . upon a finding of facts showing that the registrant has:

   1. Been guilty of fraud . . . dishonest dealing . . . or breach of trust in any business transaction . . . or,

(i) . . . if a salesman, failed to

immediately place with his registered employer any money . . . entrusted to him by any

person dealing with him as agent of his registered employer.

From the foregoing findings of fact it is concluded that Patricia B. Wright was guilty of dishonest dealing and breach of trust in the business transaction involving the purchase of realty by Brannen and that she failed to immediately place with her employer monies she received as the agent of her employer in the closing of the Young-Brannen transaction, in violation of Section 475.25(1)(a) and (i) Florida Statutes. It is therefore

RECOMMENDED that the registration of Patricia B. Wright be suspended for a period of two years.

Entered this 8th day of June, 1979.

K.N. AYERS Hearing Officer

Division of Administrative Hearings Room 101 Collins Building

Gaines and South Adams Streets Tallahassee, Florida 32301

COPIES FURNISHED:

Kenneth M. Meer, Esquire Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802

Patricia B. Wright

c/o Trevor & Young, Inc. 1910 Drew Street

Clearwater, Florida 33515

Docket for Case No: 79-000552

Orders for Case No: 79-000552