Judges: R. T. CARPENTER
Agency: Department of Business and Professional Regulation
Latest Update: Sep. 27, 1984
Summary: Real estate salesman and broker cleared of any wrongdoing. Dismiss complaint.
84-1291STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL )
REGULATION, FLORIDA REAL )
ESTATE COMMISSION, )
)
Petitioner, )
)
vs. ) CASE NO. 84-1291
) JAMES R. AZEVEDO, ALLEN Q. SMITH ) & M.S.D.S., INC., d/b/a SHERWOOD ) COMMERCIAL BROKERS, INC., )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for hearing in Sarasota, Florida, on July 20, 1984, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:
For Petitioner: Fred A. Langford, Esquire
Department of Professional Regulation Post Office Box 1900
Orlando, Florida 32801
For Respondent: Robert W. Beaudry, Esquire James R. Azevedo LYONS and BEAUDRY, P.A.
& MSDS, Inc. 1605 Main Street, Suite 1111
Sarasota, Florida 33577
Respondent: Mr. Allen Q. Smith
5036 Camus Street
Sarasota, Florida 33582
This matter arose on Petitioner's Administrative Complaint charging Respondents with returning an earnest money deposit to a proposed purchaser without the sellers's consent in violation of Subsections 475.25(1)(b) and (d), Florida Statutes. Respondents Azevedo and M.S.D.S., Inc. submitted proposed findings of fact and onclusions of law. To the extent these proposed findings have not been adopted or otherwise incorporated herein, they are found to be subordinate, cumulative, immaterial, unnecessary or not supported by the evidence.
FINDINGS OF FACT
Respondent James R. Azevedo is now and was at all times relevant herein a licensed real estate salesman having been issued license number 0396545.
Respondent Allen Q. Smith is now and was at all times relevant herein a licensed real estate broker having been issued license number 0193451.
Respondent M.S.D.S., Inc. d/b/a Sherwood Commercial Brokers, Inc. is a corporation licensed as a broker having been issued license number 0220922. At all times relevant to this proceeding, Respondent Smith was the sole qualifying broker and officer of Respondent M.S.D.S., Inc. d/b/a Sherwood Commercial Brokers, Inc.
The Administrative Complaint was filed as a result of a transaction whereby Mr. Larry Chase sought to sell his swimming pool maintenance business using the brokerage and sales services of Respondents. When a proposed sale fell through, Respondents returned a $2,000 earnest money deposit to the purchaser.
The return of the $2,000, which is the subject of the Administrative Complaint, was entirely proper under the circumstances. Mr. Chase does not dispute either Respondents' return of the deposit or the manner in which the return was carried out.
Apparently, grievances between Respondents and Chase developed as a result of a later sales transaction where Respondents were, in their view, wrongfully deprived of their commission. However, there was no evidence whatsoever of wrongdoing by Respondents related to the charges herein.
CONCLUSIONS OF LAW
Respondents are charged with violations under Subsections 475.25(1)(b) and (d), Florida Statutes, which authorize Petitioner to discipline license holders for dishonest dealing or failure to account for a deposit. There was no evidence of any wrongdoing by Respondents related to these provisions.
RECOMMENDATION
Based on the foregoing, it is
RECOMMENDED that Petitioner enter a Final Order dismissing the Administrative Complaint.
DONE and ENTERED this 21st of August, 1984, in Tallahassee. Florida.
R. T. CARPENTER Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 21st day of August, 1984.
COPIES FURNISHED:
Fred A. Langford, Esquire Department of Professional Regulation
Division of Real Estate Post Office Box 1900 Orlando, Florida 32801
Robert W. Beaudry, Esquire LYONS and BEAUDRY, P.A.
1605 Main Street
Suite 1111
Sarasota, Florida 33577
Mr. Allen Q. Smith 5036 Camus Street
Sarasota, Florida 33582
Harold Huff Director Division of Real Estate Post Office Box 1900 Orlando, Florida 32801
Fred M. Roche, Secretary Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Docket for Case No: 84-001291
Orders for Case No: 84-001291
