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DIVISION OF REAL ESTATE vs. WILLIAM D. FOLZ, 75-001759 (1975)
Division of Administrative Hearings, Florida Number: 75-001759 Latest Update: Sep. 07, 1976

Findings Of Fact On October 3, 1975, Respondent filed an application with Petitioner for registration as a real estate broker (Stipulation, Petitioner's Exhibit 2). That said application contained therein Question 8 which is set forth in paragraph 2 of the Amended Complaint and to which Respondent answered "No." (Stipulation, Petitioner's Exhibit 2.) That thereafter the application was approved and the Respondent subsequently received his registration as a real estate broker and has been continuously registered the Petitioner as a broker since December 22, 1975 (Stipulation.) That at the time of the execution of the application, as aforesaid, Respondent'S answer to Question 8 was incorrect in that he failed to reveal, disclose and fully explain a Complaint filed against him on August 6, 1973, in the Circuit Court of the Sixth Judicial Circuit of the State of Florida, in and for Pinellas County, by one Kenneth Beard, an individual, which complaint alleges false representations on the part of the Respondent in a business transaction. A judgment of the aforesaid Circuit Court in the above-mentioned action was in the process of appeal at the time Respondent filed his application for registration as a real estate broker (stipulation.) Respondent testified at the hearing substantially as follows: After the civil action had been filed against him, he sought the advice of counsel who informed him that the complaint therein was defective as a matter of law. He was therefore of the opinion that there was not a viable suit against him at the time he filled out his application, and thus was not attempting to mislead or hide any facts from the Petitioner. He also felt that, since he had not, in fact, committed any fraud or misrepresented any matters to the purchaser of the business in question, a negative answer on the question in the application was justified. However, upon reflection at the hearing, he conceded that, probably he had misread the question and misconstrued its meaning. Respondent's good reputation for truth and veracity in the community and in his business dealings was attested to by past officials of the Clearwater, Largo, Dunedin Board of Realtors (Testimony of Merhige, Blanton).

Recommendation That the Complaint against Respondent, William D. Folz, be dismissed. DONE and ENTERED this 5th day of April, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Frederick W. Jones Staff Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Richard B. Moritz, Esquire 801 West Bay Drive Suite 704 Largo, Florida 33540

Florida Laws (1) 475.25
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FLORIDA REAL ESTATE COMMISSION vs. PATRICIA A. DENNIS, 84-002551 (1984)
Division of Administrative Hearings, Florida Number: 84-002551 Latest Update: Mar. 20, 1985

Findings Of Fact At all times material to the charges, respondent was a licensed real estate salesman, on inactive status, holding license no. 0330793., and residing in Lake Worth, Florida. In early October, 1983, Jack Barlage entered the offices of Colony Real Estate in Lake Worth, Florida. He was a builder and looking for acreage to purchase. Joyce Adams, a real estate salesman with Colony Real Estate, met with him and, two or three days later, showed him a 5.207 acre tract of land in sunny Urban Meadows, an unrecorded subdivision located west of Loxahatchee, Florida. He expressed an interest in the property; she told him that the owner, Richard Moore, might be willing to sell it. A day or two later, Mr. Barlage called Ms. Adams and asked if she would call owner Moore and obtain a purchase price. She responded that she would not get a commission from selling the property and that he should deal with "Leon," who would be able to contact Mr. Moore, the owner. A day or two later, Ms. Adams introduced Mr. Barlage to "Leon," who was Leon Dennis, respondent's husband--the original developer of Sunny Urban Meadows. This meeting took place at a nearby coffee shop in Royal Palm Beach, called Sandy's. John Adams, Ms. Adams' husband and a real estate salesman, was also present. Respondent did not attend this meeting and there is no evidence that she was, at this point in time, involved in the transaction. This coffee shop meeting was Ms. Adams' last contact with Mr. Barlage, and she had no further involvement in this real estate transaction. A contract for "purchase and sale" of the Sunny Urban Meadows tract was prepared at this meeting and signed by Mr. Barlage, the prospective purchaser. Leon Dennis, respondent's husband, retrieved the form "purchase and sale" contract from his car, returned to the coffee shop, and completed it in the presence of the others. He filled in the terms, including a $28,000 purchase price. He arrived at this figure based on her knowledge of current land values in the area. The form "Brokerage Fee" provision on the bottom of the contract, however, was not filled in; no sales commission was indicated and no broker identified. Mr. Dennis told purchaser Barlage that he would have the contract presented to owner Moore. At that time, Mr. Barlage had not yet had any contacts with respondent, Mr. Dennis's wife. Mr. Dennis, with the help of a relative who was a close friend of Mr. Moore's, then had the contract delivered to Mr. Moore, in Punta Gorda, Florida. Approximately a week earlier, respondent had telephoned Mr. Moore, asking if he wanted to sell the subject property. At that time, a sales commission was not discussed; neither did she represent that she was a licensed real estate salesman or broker. But when the original contract was subsequently delivered to him by Mr. Moore's relative, the "Brokerage Fee" provision had been completed, providing for payment of ten percent of the gross price or $2,800 to Pat Dennis, the respondent. Her name was hand printed above the line labeled, "Name of Broker." Upon receiving the contract and discovering the sales commission, Mr. Moore telephoned respondent and told her that he would not pay a ten percent commission--he said he would agree only to a six percent commission, to be split between her and his own real estate brokerage firm. He also told her that if those terms were not acceptable to her, he "would go ahead and do it without her and give-her her money after the deal was done." (TR-21) Mr. Moore then arranged to meet directly with Mr. Barlage, the prospective purchaser. On October 9, 1983, Mr. Barlage drove to Punta Gorda and met Mr. Moore in a hospital parking lot to finalize the contract. Mr. Moore, noting the "Brokerage Fee" provision, said "Who are these people?" and "Well, I'll take care of them," or words to that effect, (TR-10). He then drew a line crossing out the "Brokerage Fee" provision and initialed it. He then told Mr. Barlage he wanted to do a credit check; one or two days later, he called Mr. Barlage and told him he was going to accept the contract. It was at that time, on or about October 9, 1983, that Mr. Moore executed the contract as seller. For reasons not material, the contract of sale was never carried out by the parties. Mr. Barlage unilaterally cancelled the contract. When Mr. Moore called him to inquire about the $500 earnest money deposit, which the contract had indicated was held by "Stewart Title," Mr. Moore learned that a deposit had not been received by Stewart Title; in fact, Mr. Barlage had made no deposit at all. There is conflicting testimony as to whether respondent ever communicated with Mr. Moore concerning this real estate transaction. Respondent denies any direct involvement. Her denial is rejected and the testimony of Mr. Moore, who had no discernible bias or motive to falsify, is accepted as persuasive.

Recommendation Based on the foregoing, it is RECOMMENDED: That respondent's license as a Florida real estate salesman be revoked for violating Section 475.25(1)(a) and (b) and 475.42(1)(b), Florida Statutes, in the manner described above. DONE and ORDERED this 25th day of February, 1985, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of February, 1985. COPIES FURNISHED: Fred Langford, Esquire Division of Real Estate 400 West Robinson Street Orlando, Florida 32802 Richard McClain, Esquire 6167 Haddon Road West Palm Beach, Florida 33409

Florida Laws (3) 120.57475.25475.42
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DIVISION OF REAL ESTATE vs. ROBERT WILLIAM SNYDER, 75-001425 (1975)
Division of Administrative Hearings, Florida Number: 75-001425 Latest Update: Sep. 16, 1976

The Issue Whether or not the Respondent, Robert William Snyder, obtained his registration as a real estate salesman with the Florida Real Estate Commission by means of fraud, misrepresentation, or concealment, in violation of subsection 475.25(2), Florida Statutes, and operated as a real estate salesman without being a holder of a valid current registration certificate at the time of operating as such, in violation of subsection 475.42(1)(a), Florida Statutes, and for these violations whether the real estate license of Robert William Snyder should be suspended and/or revoked. Whether or not the Respondent, Robert William Snyder, has been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealings, trick, scheme or device, or breach of trust in a business transaction as stated in the Information in violation of subsection 475.25(1)(a), Florida Statutes, and for these violations the real estate license of Robert William Snyder should be suspended for such a violation.

Findings Of Fact On February 9, 1972, the Respondent made application to be registered as a real estate salesman in the State of Florida. (See Petitioner's Exhibit no. 1). The Respondent was subsequently registered a real estate salesman in the State of Florida, and was so registered on March 11, 1975, when he was given a notice of the Information in this cause, as indicated by Petitioner's Exhibit no. 2. On the date of the hearing in this cause, Respondent was still registered as a real estate salesman with the State of Florida. It would appear that the initial registration certificate became effective on June 1972. When responding to Paragraph 18(a) and 18(b) of the application for registration, which is Petitioner's Exhibit no. 1, the Respondent answered those questions in the negative. The statement of questions 18(a) and 18(b) in the application were as follows: "18(a) Have you in this state operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate broker, within one year next prior to the filing of this applica- tion? 18(b) Have you in this state operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate salesman, within one year next prior to the filing of this application, without being the holder of a valid current registration certificate authorizing you to do so?" Prior to the answers to the questions in the form as stated above, discussions of a purchase of real estate in the State Florida had been entered into between the Respondent and his mother, Eleanor C. Russell. The first of these conversations had occurred while returning to the northeastern United States from a vacation trip to Florida. The exact location of that initial discussion is not known; however, the conversation took place in the Fall of 1971. During 1971 Mrs. Russell lived with the Respondent and his wife for a period of six to eight weeks. During that time frame Mrs. Russell entered into a contract for construction, with the Lake Placid Construction Company, Inc.. The terms of this contract are found in Petitioner's Exhibit no. 8. The date of the contract was November 27, 1971. The contract indicated that Lot 2, Block 153, in Unit 12 Placid Lakes, Highland County, Florida, was the contemplated real estate site upon which a duplex home was to be built. The contract was signed by Mrs. Russell and witnessed by Betty Jane Snyder, the Respondent's wife. The contract was subject to financing being obtained. Respondent appeared in the contract as Robert Snyder, a Connecticut broker. The purchase that was considered was a joint venture between the Respondent and his mother, Eleanor C. Russell. The contract was signed by Mrs. Russell because of certain tax advantages, according to the Respondent, and also because the Respondent was not financially able to get a mortgage in his name solely. When an application for mortgage money was applied for in the name of Eleanor C. Russell, this request was turned down. It was turned down based upon the age of the applicant and the Respondent was required to be a co-signer with his mother for the mortgage commitment to go through. On February 29, 1972, the Respondent signed an agreement for deed on the same parcel of land as shown in the contract which is Petitioner's Exhibit no. 1. The terms of the agreement for deed are found in Respondent's Exhibit no. 1. This agreement for deed was supported by a cash down payment from the Respondent, and was signed solely by the Respondent. Eleanor C. Russell had put up money in the amount of $14,000.00 for the purchase of the real estate indicated in the contract of November 27, 1971. The amounts of the checks can be found as part of the attachment to Petitioner's Exhibit no. 3. The purchase of the property was to be effectuated with $14,000 to be paid by Eleanor C. Russell to William Snyder, to be given to the Lake Placid Holding Company, and by funds which the Respondent expected to derive from the sale of the property which he was going to purchase with his mother. The funds were commissions for the sale of the lot according to the contract with the Lake Placid Holding Company, which is Petitioner's Exhibit 9, and also, funds as a commission for the sale of the building itself, which is in accordance with the contract, Petitioner's Exhibit no. 9. The contract was never consummated due to a disagreement between the Respondent and his mother. The $14,000 which the mother had paid to the Respondent has never been reimbursed to the mother and a judgment has been rendered in favor of Eleanor C. Russell, in the amount of $14,000.00. (See Petitioner's Exhibit no. 6). The formal negotiations for the sale of the contract for the benefit of the Respondent and his mother, Eleanor C. Russell, occurred in the State of Florida, as it pertains to the contract which she signed, Petitioner's Exhibit The contracts with the bank for financing, and the agreement for deed, Respondent's Exhibit no. 8, signed by the Respondent were in Florida. On the subject of the commissions which the Respondent intended to claim, he intended to claim those commissions as a Connecticut broker, although the sale would have occurred in Florida. The rationale for claiming the commissions, was that the Respondent was entitled to those commissions for the sale of the property to himself, in the same fashion that he would be entitled to the commissions for sales of property to a client in the State of Connecticut, acting as a Connecticut real estate broker. An indication of the Respondent's perception of his status is supported by the words "Connecticut Broker," found on the aforementioned checks signed by Eleanor C. Russell, the contract signed by Mrs. Russell and the agreement for deed signed by the Respondent. The money which was given to the Respondent by his mother as a part of the purchase of the real estate and home, has been spent by the Respondent for debts and for furniture, none of these items for the benefit of the mother, Eleanor C. Russell.

Recommendation It is recommended that the real estate registration certificate of Robert William Snyder, the Respondent, to be a real estate salesman in the State of Florida be revoked. DONE and ENTERED this 7th day of June, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Richard J. R. Parkinson, Esquire Associate Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Robert William Snyder 2078 Sunset Point Road, Apt. 82 Woodlake Condominiums Clearwater, Florida 33515

Florida Laws (2) 475.25475.42
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DIVISION OF REAL ESTATE vs. PHYLLIS F. BELL, 83-000873 (1983)
Division of Administrative Hearings, Florida Number: 83-000873 Latest Update: Dec. 15, 1983

Findings Of Fact At all times relevant to the charges against her, the Respondent, Phyllis F. Bell, was a licensed real estate salesperson holding license number 0005529 issued by Petitioner, Department of Professional Regulation, Florida Real Estate Commission. Prior to the formal hearing, the Respondent attempted to unilaterally surrender her license, which was not accepted by the Petitioner. The Respondent's last known address is 895 Indiana Avenue South, Englewood, Florida 33533. Notice of hearing and all correspondence regarding these proceedings was mailed to the Respondent at that address, and none of these items were returned to the Division of Administrative Hearings. The Respondent received notice of this proceeding as required by law, and although she requested a continuance, she did not show good cause for continuance of the proceeding. At the commencement of the hearing, the Respondent's motion was denied, and the Petitioner was so advised and permitted to present its case. On October 17, 1979, the Respondent entered into an option-purchase agreement with Eugene Turner, Sr., which agreement granted the Respondent an option to purchase real property known and referred to by the parties as the Van Buren Estate located on Boca Grande Island, Florida. The Respondent occupied this property and lived in one of several dwellings thereon until her option and several extensions thereto had expired. During said time, the Respondent attempted to sell her option at a profit. While living on the property, the Respondent incurred utility and telephone bills in the amount of approximately $5,600 which she was obligated to pay under the terms of the option agreement. After her last extension had expired, Respondent vacated the property, and, although she has acknowledged the debts, she has not paid them.

Recommendation Having found the Respondent, Phyllis F. Bell, not guilty of violating Section 475.25(1)(b), Florida Statutes, as alleged in the Administrative Complaint, it is recommended that the Petitioner, Department of Professional Regulation, Florida Real Estate Commission, take no action against the Respondent. DONE and RECOMMENDED this 14th day of October, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of October, 1983. COPIES FURNISHED: Tina Hipple, Esquire Department of Professional Regulation 400 West Robinson Street Orlando, Florida 32801 Ms. Phyllis F. Bell 895 Indiana Avenue, South Englewood, Florida 33533 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Huff, Executive Director Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Randy Schwartz, Esquire Department of Legal Affairs 400 West Robinson Street Suite 212 Orlando, Florida 32801

Florida Laws (2) 120.57475.25
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DIVISION OF REAL ESTATE vs. DOROTHY M. AZAR, 77-000784 (1977)
Division of Administrative Hearings, Florida Number: 77-000784 Latest Update: Aug. 24, 1992

The Issue Whether Dorothy M. Azar answered Question 6 on her application incorrectly with the intent to obtain her license by fraud, misrepresentation or concealment.

Findings Of Fact Dorothy M. Azar is a registered real estate saleswoman holding License No. 0164341 issued by the Florida Real Estate Commission. Azar applied for licensure initially on June 7, 1976. See Exhibit 1, pages 1 and 2. Azar subsequently reapplied on August 24, 1976. This application was stamped received by the Florida Real Estate Commission on August 27, 1976. Azar was arrested on June 9, 1976 pursuant to the Information filed by Robert Eagan, State Attorney, Ninth Judicial Circuit, State of Florida, which charged Azar with a violation of Florida Statute 812.021 and alleged that she took, sold or carried away property; to wit: clothing, the property of Robert Kleinmann as custodian and of a value of more than One Hundred Dollars ($100.00) with the intent to permanently deprive Kleinmann of the clothing. This criminal information was received as Exhibit 2. When Azar completed her second application on August 25, 1976, no action had been taken on the criminal charges pending against her. On or about this date, according to her testimony, she went from Lehigh Acres, Florida, to the Florida Real Estate Commission Offices in Winter Park, Florida, to review the examination which she had taken and failed in July. While there, she filled out her second application, pages 3 and 4 of Exhibit 1. According to her testimony, Azar was very rushed because her review appointment was for only one hour and she had arrived late. She stated that prior to her review she was given an application to fill out and that she did not even read the questions but copied her answers from her first application. She further testified that she had at first copied her old address in Orlando on the second application, correcting it to her new address in Lehigh Acres in the margin of the application. See page 3, Exhibit 1. On September 8, 1976, the Florida Real Estate Commission made a check of any arrests of Azar as indicated by the annotation on the second application under Question 6. On November 30, 1976, Azar entered a plea of no contest to the charge of attempted grand larceny and adjudication was withheld. See the Court Minutes, Exhibit 3, and the testimony of Azar. On November 15, 1976, the Florida Real Estate Commission issued Azar her license as a registered real estate saleswoman. The answers to Questions 4 and 5 on the second application filed by Azar differ slightly from the answers given to those questions on her first application. Although Azar testified that she did not read the questions on the second application but recopied her answers from her first application, the fact that the entries on the second application to Questions 4 and 5 differ from those on the first application indicates that Azar at least read the two questions preceding Question 6. This fact and the content of Question 6 lead to the conclusion that Azar did read Question 6. Further, an arrest on a charge of Grand Larceny within the preceding ninety days would be sufficiently memorable for Azar to recall when prompted by reading Question 6. Having determined, that Azar did in fact read Question 6 and would have remembered her arrest, one must conclude that Azar knowingly did not correctly answer Question 6 and therefore intended to conceal her arrest.

Recommendation The Hearing Officer, based upon the foregoing Findings of Fact and Conclusions of Law, recommends that the Florida Real Estate Commission revoke the registration of Dorothy N. Azar as a registered real estate salesman with leave for Azar to immediately refile her application. DONE and ORDERED this 12th day of August, 1977, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Frederick H. Wilsen, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 E. G. Couse, Esquire 2069 First Street, Suite 202 Post Office Drawer 1686 Fort Myers, Florida 33902

Florida Laws (1) 475.25
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DIVISION OF REAL ESTATE vs. J. C. HOFFMAN, 78-000173 (1978)
Division of Administrative Hearings, Florida Number: 78-000173 Latest Update: Apr. 21, 1978

The Issue Whether J.C. Hoffman violated the provisions of Section 475.25(1)(a) and Section 475.25(2), Florida Statutes.

Findings Of Fact J. C. Hoffman also known as Jean Hoffman was a registered real estate salesman whose certificate expired September 30, 1974. On March 31, 1975, Hoffman reapplied and was recertified by the Florida Real Estate Commission. During the intervening period, Hoffman continued to be registered by the Commission. In late 1974, Jean Hoffman showed David W. Jarrett two lots which Jarrett subsequently offered to purchase. Jarrett gave Hoffman $1,500 as a deposit receipt on this transaction in two checks, one for $300 and the other for $1,200. These checks were received into evidence as Exhibit 2. The contract entered into by Jarrett was received into evidence as Exhibit 1. Because Hoffman was not present at the hearing, Jarrett identified a picture of Hoffman taken from the files of the Florida Real Estate Commission as the individual who he had known as Hoffman. This picture was received into evidence as Exhibit 4. After entering into this transaction, Jarrett waited some time and when a closing did not take place, attempted to contact Hoffman. He was unable to contact Hoffman and unable to obtain the return of his $1,500. Jarrett also identified a letter from Barbara E. Green, the owner of the property, which he had received in reply to a letter to her concerning this transaction. This letter was received as Exhibit 3, and indicates that Green had rejected the offer. All Jarrett's efforts to obtain return of his money from Hoffman failed and the money and Hoffman have disappeared.

Recommendation Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Florida Real Estate Commission revoke the registration of J. C. Hoffman also known as Jean Hoffman. DONE and ENTERED this 9th day of March, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Charles E. Felix, Esquire Florida Real Estate Commission 400 West Robinson Avenue Orlando, Florida 32801 J. C. Hoffman % Patrick N. O'Keef Dist. Road 5-7837 and N. Hwy 452 Lake Yale Village Leesburg, Florida 32748

Florida Laws (1) 475.25
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DIVISION OF REAL ESTATE vs. GARY R. BERKSON, 83-003623 (1983)
Division of Administrative Hearings, Florida Number: 83-003623 Latest Update: Jul. 27, 1984

Findings Of Fact The Respondent, Gary R. Berkson, is a licensed real estate salesman, holding license No. 034697. From September 27, 1980, until May of 1983, the Respondent as a salesman working as an independent contractor for Act Now Real Estate, Inc., a corporate broker whose active qualifying brokers and officers were Robert F. Picheny and Thelma R. Sarkas. Robert F. Picheny was subpoenaed and requested to bring with him the records of Act Now Real Estate, Inc., showing the disbursement of commissions to the Respondent. These records did not contain any entries relating to rental transactions involving the persons named in the complaint as having paid commissions to the Respondent. The only lease offered and received in evidence was between Samuel Schnur, as lessor, and lessees named Davis and Johnston. Samuel Schnur, presented as one of the Petitioner's witnesses, did not pay a rental commission to the Respondent in connection with this lease. Another lease transaction where the Respondent was alleged to have received rental commissions was between Sami Elmasri, as landlord, and Donald Bauerle, as tenant. Sami Elmasri, presented as another of the Petitioner's witnesses, testified that he paid a $300 commission, but that this was not paid to the Respondent. This commission was paid to another salesman, Wendy Corman. The final witness for the Petitioner, except for the Respondent, was Wendy Corman. She showed Mr. Elmasri's property to persons wishing to rent through a lead given by the Respondent. She was paid a $300 commission by Mr. Elmasri. The Respondent did not receive any of this commission. The Petitioner's final witness was the Respondent, who testified that he never received a commission for rental property. The only money he received in connection with rental properties was a management fee he received on some properties owned by Richard Jacobson. This fee was in payment for management services consisting of arranging for repairs to the properties such as painting it, repairs to the plumbing and the garage door, and being available to tenants with problems in the absence of the owner. These management fees continued even after the Respondent left Act Now Real Estate, Inc., until Mr. Jacobson assumed the management duties himself.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Administrative Complaint filed against the Respondent, Gary R. Berkson, be DISMISSED. This Recommended Order entered this 13th day of June, 1984, in Tallahassee, Florida. WILLIAM B. THOMAS 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 13th day of June, 1984.

Florida Laws (3) 120.57475.25475.42
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