Judges: LINDA M. RIGOT
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 28, 1988
Summary: Revocation of real estate licenses for obtaining money from investors and failing to refund upon proper demand.
87-2901STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL )
REGULATION, FLORIDA REAL )
ESTATE COMMISSION, )
)
Petitioner, )
)
vs. ) CASE NO. 87-2901
) JAMES M. O'NAN and INTERNATIONAL ) REAL ESTATE CONSULTANTS, INC., )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on December 18, 1987, in Miami, Florida.
Petitioner Department of Professional Regulation, Florida Real Estate Commission, was represented by Arthur R. Shell, Esquire, Orlando, Florida; and Respondents James M. O'Nan and International Real Estate Consultants, Inc., did not appear and were not represented.
Petitioner filed an Administrative Complaint against the Respondents herein alleging certain violations of the real estate licensing laws. Respondents timely requested a formal hearing on the allegations contained within that Administrative Complaint. Accordingly, the issues for determination are whether Respondents are guilty of the allegations contained within the Administrative Complaint, and, if so, what disciplinary action should be taken if any.
On December 11, 1987 a woman purporting to be Respondent O'Nan's sister contacted the undersigned telephonically to request a continuance of the hearing scheduled in this matter for December 18. She was advised by the undersigned that it would be necessary, in view of the brief time remaining, for Respondent O'Nan to arrange a telephonic conference with the Petitioner's attorney and the undersigned if he wished to request a continuance. On December 14 Respondent O'Nan contacted the undersigned telephonically to inquire if his letter requesting a continuance had been received. Respondent O'Nan was told that if he sought a continuance, he must arrange a telephonic conference call regarding his motion so that it could be considered prior to the commencement of the final hearing. On December 15 Respondent O'Nan's letter was filed with the Division of Administrative Hearings requesting a continuance for the reason that he had not yet made arrangements to obtain legal representation. No telephonic hearing on the request for continuance was arranged, and the request for continuance remained pending when the final hearing in this cause was commenced on December 18.
Petitioner presented the testimony of Rosalyn Heiken. Additionally, Petitioner's Exhibits numbered 1-3 were admitted in evidence.
FINDINGS OF FACT
At all times material hereto Respondent James M. O'Nan was a licensed real estate broker in the state of Florida having been issued License No. 0222587.
At all times material hereto Respondent International Real Estate Consultants, Inc., was a corporation registered as a real estate broker in the state of Florida having been issued License No. 0222586.
At all times material hereto Respondent O'Nan was the qualifying broker for and president of Respondent International Real Estate Consultants, Inc.
On or about May 29, 1984, Respondents solicited Dr. Murray Heiken to invest in a limited partnership for the purpose of acquiring real property located in Miami at South Dixie Highway and Southwest 67th Avenue to be used as the site for a bank. Respondents represented in that solicitation that all monies would be placed into an interest-bearing escrow account. The minimum investment solicited by Respondents was $28,000.
On or about June 6, 1984, Murray and Rosalyn Heiken gave Respondents
$28,000 to be placed in Respondents' escrow account.
On or about September 25, 1984, Respondents again solicited Dr. Murray Heiken and Rosalyn Heiken regarding the sale of the Nautilus Hotel in Miami Beach.
On or about October 1, 1984, Dr. Murray Heiken, Rosalyn Heiken, and Dr. Bruce Heiken paid $14,000 to Respondents toward the Nautilus Hotel purchase.
On or about February 25, 1985, Respondents informed Dr. Murray Heiken and Rosalyn Heiken that the Nautilus Hotel transaction had been terminated. Respondents offered a new project and requested an investment of $24,000 from the Heikens. Dr. Murray Heiken paid $24,000 to the Respondents.
On or about February 24, 1986, Respondents notified the Heikens that the other transaction did not close. The Respondents stated that all deposits would be refunded.
On or about June 23, 1986, Respondents notified Dr. Murray Heiken that they were still liquidating the partnership and that the investors should be patient.
Despite repeated demands made, Respondents have failed to return any monies to the Heikens although those monies were required to have been maintained in escrow and even though none of the properties were purchased by the partnership.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter hereof and the parties hereto. Section 120.57(1), Florida Statutes.
Counts I and II of the Administrative Complaint charge Respondents O'Nan and International Real Estate Consultants, Inc., respectively, with
violating section 475.25(1)(b), Florida Statutes, by being guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence and breach of trust in a business transaction. Petitioner has met its burden of proving Respondents guilty as charged in Counts I and II.
Counts III and IV of the Administrative Complaint filed herein charge Respondent O'Nan and Respondent International Real Estate Consultants, Inc., respectively, of violating section 475.25(1)(d), Florida Statutes, by being guilty of having failed to account for and deliver a deposit. Petitioner has met its burden of proving Respondents guilty as charged in Counts III and IV of the Administrative Complaint.
Petitioner has recommended that Respondents' licenses be revoked due to Respondents' refusal to refund monies to which they are clearly not entitled. No mitigating evidence was offered.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore,
RECOMMENDED that a Final Order be entered finding Respondents James M. O'Nan and International Real Estate Consultants, Inc., guilty of the allegations in the Administrative Complaint and revoking their licenses as real estate brokers.
DONE and RECOMMENDED this 28th day of January, 1988, at Tallahassee, Florida.
LINDA M. RIGOT, 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 Administrative Hearings this 28th day of January, 1988.
COPIES FURNISHED:
Darlene F. Keller, Executive Director Department of Professional
Regulation
Division of Real Estate Post Office Box 1900 Orlando, Florida 32802
Arthur R. Shell, Jr., Esquire Department of Professional Regulation Division of Real Estate
Post Office Box 1900 Orlando, Florida 32802
James M. O'Nan International Real Estate
Consultants, Inc.
c/o Fort Loudoun Investments, Inc. 11020 Kingston Pike
Knoxville, TN 37922
James M. O'Nan International Real Estate
Consultants, Inc.
c/o Patricia O'Nan Crews 6850 Cassia Place
Miami Lakes, Florida 33014
William O'Neil, Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Docket for Case No: 87-002901
Orders for Case No: 87-002901
| Issue Date |
Document |
Summary |
|
Mar. 15, 1988 |
Agency Final Order
|
|
|
Jan. 28, 1988 |
Recommended Order
|
Revocation of real estate licenses for obtaining money from investors and failing to refund upon proper demand.
|
