Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the registration of Thompson be suspended for a period of one year. DONE and ORDERED this 6th day of December, 1977, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Robert J. Pierce, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Calvin Dawson Thompson Route 1, Box 1075 Oviedo, Florida 32765 =================================================================
Recommendation The Hearing Officer having found factually that the Respondents did not violate the provisions of Chapter 475 Florida Statutes, as charged, recommends that no action be taken against the registration of any of the Respondents. DONE and ORDERED this 14th day of June, 1976. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Richard J. R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Spencer Fox, Esquire Suite 107, 9065 Galloway Road Miami, Florida 33176
Findings Of Fact Based on the admissions of the Respondent, on the testimony of the witnesses, and on the exhibits received in evidence, I make the following findings of fact: Respondent Larry L. Toney is now and was at all times material hereto a licensed real estate broker in the State of Florida, having been issued license number 0089521 in accordance with Chapter 475, Florida Statutes. The last license issued was as a broker, t/a Larry L. Toney Realty, Inc., 4629 Moncrief Road West, Jacksonville, Florida 32209. At the time of the events described below, Ernest W. Mabrey was the owner of a house located at 3926 Perry Street, Jacksonville, Florida. On or about March 3, 1986, the Respondent met with Josephine Watkins, who is the daughter of Ernest W. Mabrey, at her home in Lake Butler, Florida, and advised her and Mr. Mabrey that the property described above, then owned by Mr. Mabrey, was in foreclosure. Ernestine Byrd, another daughter of Mr. Mabrey, was also present. An action to foreclose the mortgage on the subject property had in fact been filed at the time the Respondent met with Ernest W. Mabrey and members of his family. The Respondent requested that Ernest W. Mabrey sign a warranty deed to evidence the fact that he, Ernest W. Mabrey, had no interest in saving the subject property from the then pending mortgage foreclosure action. Josephine Watkins and Ernestine Byrd discussed the proposed transaction before any papers were signed. Ernest W. Mabrey did not object to transferring the subject property. On or about March 3, 1986, Ernest W. Mabrey, as grantor, signed a warranty deed which conveyed the subject property to Emory Robinson, Jr. Mr. Mabrey willingly signed his name to the warranty deed with the understanding that he was releasing his interest in the subject property because he was sick and neither he nor his daughters had the funds necessary to redeem the property. Josephine Watkins helped her father, Mr. Mabrey, write his name on the warranty deed and Ernestine Byrd signed the warranty deed as a witness to her father's signature. At the time the warranty deed was signed, no payments had been made on the mortgage for approximately five years. The Respondent did not promise to pay any money to Mr. Mabrey or his daughters in connection with the transfer of the subject property, nor did they expect to receive any money. The Respondent did not forge any signatures on the warranty deed described above. All of the signatures on that warranty deed are genuine. The grantee in the subject transaction, Emory Robinson, Jr., paid the holder of the first mortgage the sum of $6,787.11 in order to bring the payments to a current status and he assumed the mortgage. The mortgage foreclosure action was then voluntarily dismissed.
Recommendation For all of the foregoing reasons, it is RECOMMENDED that the Florida Real Estate Commission issue a final order in this case dismissing all charges against the Respondent. DONE AND ENTERED this 5th day of May, 1988, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH 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 5th day of May, 1988. APPENDIX TO RECOMMENDED ORDER The following are my specific rulings on all proposed findings of fact submitted by the parties. Findings Proposed by Petitioner: Paragraphs 1, 2 and 3: Accepted. Paragraph 4: First two lines accepted. Last line rejected as not supported by competent substantial evidence. Paragraph 5: First sentence is rejected as contrary to the greater weight of the evidence. Second sentence is rejected as constituting subordinate and unnecessary details. Paragraph 6: Rejected as contrary to the greater weight of the evidence. Paragraph 7: Accepted in substance, with additional findings for clarity and completeness. Paragraph 8: It is accepted that the house was conveyed to Mr. Robinson. The remainder of this paragraph is rejected as contrary to the greater weight of the evidence or as not supported by competent substantial evidence. Findings Proposed by Respondent: All of the findings proposed by the Respondent have been accepted in whole or in substance, except as specifically set forth below. In making my findings of fact, I have omitted a number of unnecessary details proposed by the Respondent. Paragraph 8: Rejected as constituting subordinate and unnecessary details. Paragraph 18: Rejected as constituting subordinate and unnecessary details. Paragraph 19: Rejected as subordinate and unnecessary details and as legal argument. COPIES FURNISHED: JAMES H. GILLIS, ESQUIRE DIVISION OF REAL ESTATE POST OFFICE BOX 1900 ORLANDO, FLORIDA 32802 HENRY E. DAVIS, ESQUIRE ROBERTS & DAVIS 816 BROAD STREET JACKSONVILLE, FLORIDA 32202 DARLENE F. KELLER, EXECUTIVE DIRECTOR DIVISION OF REAL ESTATE POST OFFICE BOX 1900 ORLANDO, FLORIDA 32802 WILLIAM O'NEIL, ESQUIRE GENERAL COUNSEL DEPARTMENT OF PROFESSIONAL REGULATION 130 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-0750
Findings Of Fact The Respondent, Terry G. Jewell, (Jewell) is now and was at all times material to this case a licensed real estate broker-salesman in the State of Florida, having been issued license number 0131811 in accordance with Chapter 475, Florida Statutes. He has held this license since 1974, even though he has worked in the real estate business only off and on since that time. In November, 1984, Jewell started Sun Country Homes of North Florida, Inc., with E. M. Coullias and another investor. Jewell owned 32 1/2 shares of the corporation and was an employee of the corporation. Coullias was president and chief operating officer of the corporation. Jewell's duties included managing sales, advertising, development of sales materials, preparation of house plans and procurement of mortgage financing for customers. Coullias was in charge of field supervision of construction of the homes, keeping the books and records of the corporation, and paying all accounts. The corporation had another employee, Joan Mead, who acted as a secretary and sales person. On March 25, 1986, Anne and Frank Koblinski entered into a contract with Sun Country Homes of North Florida, Inc., to have a house built. After the execution of that contract, an account was opened at the Gainesville State Bank in Gainesville, Florida, jointly between Jewell, representing the corporation, and Willern Koblinski, representing his parents. The Koblinskis deposited $48,000 into that account. At the time the contract with Sun Country Homes of North Florida, Inc., was executed by the Koblinskis, they were living in the Fort Myers area, so they designated their son, Willern Koblinski, as the person authorized to disburse funds from the joint account on their behalf. Willern Koblinski lived across the street from the property where the home was to be built. He regularly inspected the building site and determined whether Sun Country was entitled to a draw in accordance with the draw schedule contained in the contract. Generally, Joan Mead, the secretary for Sun Country, would call Willern Koblinski on his pager to request a draw. After he inspected the property, Willern Koblinski would draw a check on the joint account and drop it off at the corporation's office. During the course of construction, the following draws were made from the account and were disbursed by checks made payable to Sun Country Homes of North Florida, Inc., and were signed by both Jewell and Willern Koblinski: Date Amount 5/8/86 (1st draw) $ 9,570.00 5/21/86 (partial 2nd draw) $16,000.00 The following draws were made from the account payable to Sun Country Homes of North Florida, Inc., but were never signed by Jewell: Date Amount 6/10/86 (balance 2nd draw) $ 3,140.00 6/25/86 (partial 3rd draw) $ 3,000.00 7/11/86 (balance 3rd draw) $ 6,570.00 7/30/86 (partial last draw) $ 5,000.00 The total draws were $43,280. Each draw was deposited in the general operating account of Sun Country Homes of North Florida, Inc. On July 19, 1986, Jewell took a vacation and was out of town until July 30, 1986. When he returned, he discovered that some of the homes under construction were behind schedule. Jewell also discovered that several subcontractors and suppliers had not been paid. Jewell left messages for the president of Sun Country Homes, E. M. Coullias, and attempted to contact Coullias to discuss the problems with the construction schedules on several homes and the subcontractors who had not been paid. Jewell and Coullias had a large confrontation regarding the homes that were behind schedule and the non-payment of subcontractors Shortly after that confrontation, Jewell resigned as an officer and employee of Sun Country Homes of North Florida, Inc. Even after his resignation, Jewell personally went to the job site of the homes being construction for Waters, Ross, and Koblinski, and completed these homes so that the buyers could occupy them. At the time of Jewell's resignation from Sun Country Homes of North Florida, Inc., there was $5,332.00 remaining in the joint account for the Koblinskis' house. As soon as Jewell realized that Coullias had spent the funds previously paid to Sun Country Homes of North Florida, Inc., and could not pay the subcontractors, Jewell advised Mrs. Koblinski and Willern Koblinski to withdraw the remaining funds from the joint account and to use those funds to pay any subcontractors or suppliers who had not been paid. Jewell signed a blank check in order to permit Willern Koblinski to withdraw those funds. During the time that Jewell worked for Sun Country Homes of North Florida, Inc., the corporation sold and constructed approximately 25 homes. Before the situation arose on the Koblinski contract, Jewell knew of no other incidents where Sun Country Homes failed to pay subcontractors or suppliers. During the entire time that Jewell worked for Sun Country Homes of North Florida, Inc., Coullias was President of the corporation and controlled and managed the collection and deposit of receipts of the company and disbursement of these funds. Jewell first learned of unpaid subcontractors and suppliers after he returned from vacation on July 30, 1986. After his resignation from Sun Country Homes, Jewell attempted to help the Koblinskis in completing their house. He came to their house and finished a "punch list." Jewell received no payment from Sun Country Homes for any of these efforts. The Koblinskis used part of the funds disbursed to them to pay the air conditioning and plumbing subcontractors. They have about $1,062 left from these funds. After subcontractors and suppliers were not paid, Coullias told Willern Koblinski that they would be paid. He also told Jewell to have no further contact with the Koblinskis. However, Sun Country Homes of North Florida, Inc., closed its doors without paying the subcontractors and suppliers. Apparently Coullias has left the area and cannot be located. There are at least four subcontractors who worked on the Koblinski house who have not been paid: Sun Coast Insulation $1,191.00 Landmark Truss $1,322.39 Dyson Cabinet Millwork $4,029.79 Myers Brothers Septic Tank $ 785.00 Dyson and Myers have filed liens against the Koblinski home for the amount of their respective bills. Jewell did not receive any funds disbursed to Sun Country Homes for the Koblinski house. The only funds he received from the corporation were salary and reimbursement for expenses. He did not receive any bonuses or cash loans. If the funds paid to Sun Country Homes of North Florida, Inc., for the Koblinski draws were not used to pay the bills on the Koblinski construction, Jewell did not receive any benefit in any way from those funds.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: The Florida Real Estate Commission enter a final order dismissing the Administrative Complaint filed against Terry G. Jewell. DONE and ENTERED this 25th day of September, 1987, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of September, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-2192 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the proposed findings of fact submitted by the parties in this case. Specific Rulings on Proposed Findings of Fact Submitted by Respondent, Terry G. Jewell Respondent's proposed findings of fact 1 - 30 are adopted in substance as modified in Findings of Fact 1 - 28. COPIES FURNISHED: Arthur Shell, Jr., Esquire Department of Professional Regulation Division of Real Estate 400 West Robinson Street Orlando, Florida 32801 William C. Andrews, Esquire Post Office Drawer C Gainesville, Florida 32602 Harold Huff, Executive Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street Orlando, Florida 32801 Joseph A. Sole, General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact Glen H. Miller is a registered real estate broker holding license #0060204 issued by the Florida Real Estate Commission. Miller was the registered real estate broker in a transaction between David and Marsha Ewan, and Roy and Marilyn Cutrell. Miller prepared a contract for sale and purchase of real estate, Exhibit #5, for Roy and Marilyn Cutrell as buyers and presented it to Marsha and David Ewan, as sellers. The terms regarding the mortgage to be assumed in Paragraph B in Section 2 were based upon information given Miller by the Ewans when the property was listed. It is uncontroverted that as of the date the contract was prepared Miller had no knowledge that Ewan had refinanced the house and the mortgage terms had changed. This contract was presented in the presence of the Cutrells to the Ewans on January 20 or 21, 1977. There is a controversy as to when the Cutrells became aware the mortgage terms were different from those stated in the contract. The Ewans testified that they told the Cutrells the terms were different after the contract had been signed by both parties but not in Miller's presence. The Cutrells stated that they learned the mortgage terms were different when they inquired about the mortgage to Fidelity Federal Savings and Loan, holders of the mortgage. This occurred on January 24, 1977. In either event, both parties agree that Miller had no knowledge of the change in the terms of the mortgage until January 24. Miller prepared and presented a new contract to the Ewans and Cutrells which correctly reflected the mortgage data. The Cutrells represented to Miller and the Ewans that they did not consider the mortgage terms important and did not desire to sign the revised contract. The Ewans did not insist upon the revised contract. Subsequently, the Cutrells failed to deliver the additional deposit of $14,000 on February 1, 1977. Their reasons for failure to do so had nothing to do with the amount of the mortgage or the terms thereof. The Cutrells were advised by Miller's wife, a real estate salesman, that they would be in default if they did not deliver the $14,000 additional deposit and if they defaulted they would lose their initial $1,000 deposit. The Cutrells did not contest the forfeiture of their initial deposit and advised that they did not wish to complete the transaction. On February 4, 1977, a check was prepared by the broker to the Ewans in the amount of $700. The Ewans picked this check up on February 7, 1977. The remaining $300 was retained in the escrow account at all times. The Cutrells first demanded the return of the deposit orally on February The subsequently made written demands on February 23, 1977. Between the oral demand and the written demand, the broker reported the controversy existing with the Cutrells to the Florida Real Estate Commission, which eventually resulted in these charges being brought.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Florida Real Estate Commission take no action against the registration of Glen H. Miller as a registered real estate broker. DONE and ORDERED this 13th day of April, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 ADDENDUM The Hearing Officer has read and considered the Proposed Findings of Fact and Conclusions of Law submitted by Petitioner, Florida Real Estate Commission. The facts presented in the Recommended Order are based on Substantial and competent evidence contained in the record. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings COPIES FURNISHED: Mark A. Grimes, Esquire Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32801 Harvey R. Klein, Esquire 333 NW 3rd Avenue Ocala, Florida 32670
The Issue Whether respondent's real estate broker's license should be revoked or otherwise disciplined on the grounds: (1) that he operated as a real estate broker without holding a valid and current license, and (2) that he is guilty of misrepresentation, false promises, false pretenses, dishonest dealing, and breach of trust in a business transaction. Background By administrative complaint dated October 30, 1981, petitioner Department of Professional Regulation, Florida Real Estate Commission 1/ ("Department"), charged respondent William A. Canty ("respondent") with six violations of the Florida Real Estate Law, Chapter 475, Florida Statutes (1979). Respondent disputed the charges and requested a Section 120.57(1) proceeding. On November 30, 1981, the Department forwarded this case to the Division of Administrative Hearings for assignment of a hearing officer. Hearing was thereafter set for April 23, 1982. At hearing, the Department voluntarily dismissed Count Nos. Three through Six, inclusive, leaving only Count Nos. One and Two. Count One alleges that respondent's broker's license expired; that he then negotiated a real estate transaction in violation of Sections 475.42(1)(a) and 475.25(1)(a), Florida Statutes (1979). Count Two alleges that in connection with this real estate transaction, respondent signed a sales contract incorrectly acknowledging receipt of a $5,000 earnest money deposit, when, in fact, he had received a demand note; that the seller was led to believe that he held a $5,000 earnest money deposit in escrow; that such actions constituted misrepresentation, false promises, false pretenses, dishonest dealing, and breach of trust in a business transaction, all in violation of Section 475.25(1)(b), Florida Statutes (1979). The Department called Robert S. Harrell and Alfred C. Harvey as its witnesses, and offered Petitioner's Exhibit Nos. 1 through 3 into evidence, each of which was received. Respondent testified in his own behalf and Respondent's Exhibit 2/ No. 1 was received in evidence. The transcript of hearing was received on April 27, 1982. Neither party has filed proposed findings of fact and conclusions of law. Based on the evidence presented at hearing, the following facts are determined:
Findings Of Fact As to Count One Respondent is a licensed Florida real estate broker. He holds license No. 0012715 and his business address is 988 Woodcock Road, Orlando, Florida. (Testimony of Canty; P-1.) Since obtaining his broker's license in the early 1970s, respondent has earned a livelihood as a real estate broker. He has been a sole practitioner, having never employed any other person in connection with his practice. (Testimony of Canty.) A real estate broker's license must be renewed every two years. Effective April 1, 1978, respondent paid the requisite fee and renewed his then existing broker's license the new expiration date was March 31, 1980. (P-1.) On March 31, 1980, respondent's broker's license expired for failure to renew. His failure to timely renew was due to simple inadvertence; he admits that it was an oversight on his part. (Testimony of Canty; P-1.) As soon as he realized his omission, he filed a renewal application and paid the requisite $40 fee in addition to a $15 late fee. His license renewal became effective on July 25, 1980. (Testimony of Canty; P-1.) In May, 1980, respondent negotiated, prepared, and assisted in the execution of a written contract for the sale and purchase of 1.6 acres, including a 21,000 square-foot warehouse, located at 315 West Grant Street, Orlando, Florida. The seller was Alfred Harvey, the buyer was Preferred Services, Inc., and the purchase price was $208,000. The contract called for the buyer to pay the sales commission under separate agreement with respondent. The commission agreement never materialized since the sales transaction failed to close. But, the buyer understood that he had an obligation to pay a real estate commission, and respondent fully expected to receive one. (Testimony of Canty, Harrell.) As to Count Two Prior to the parties' execution of the sales agreement mentioned above, respondent and the buyer, Robert Harrell, of Preferred Services, Inc., discussed with Alfred Harvey, the seller, the acceptability of using a demand note as the $5,000 earnest money deposit required by the agreement. (The buyer wished to avoid tying up his funds in escrow during the extensive time required to obtain Small Business Administration approval for assuming the existing mortgage loan.) The seller agreed to the depositing of a $5,000 demand note. 3/ (Testimony of Canty, Harrell.) When the sales contract was executed by the parties, respondent acknowledged on page 2 that he held the specified earnest money deposit in escrow. The deposit was a $5,000 demand note. He did not indicate on the face of the contract that the deposit was in the form of a demand note. But, neither did he indicate that the deposit was in cash or check form. Respondent acknowledges that he was "sloppy" in failing to indicate on the contract that the deposit was a demand note. (Testimony of Canty.)
Recommendation Based on the foregoing, it is RECOMMENDED: That respondent be found guilty of violating Sections 475.42(1) and 475.25(1)(a), F.S., and reprimanded. DONE AND RECOMMENDED this 19th day of May, 1982, 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 19th day of May, 1982.
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
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts are found. At all times relevant to this proceeding, respondent Lydon was registered with the Florida Real Estate Commission as a real estate salesman. 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. 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.
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
Findings Of Fact In 1983 the Respondent duly obtained his Mortgage Solicitor's License and the Respondent continued to act as a Mortgage Solicitor until July 15, 1984. That on July 15, 1984, the Respondent duly obtained his Mortgage Broker's License holding license No. HB15055. That in August 1984 and August 1985 the Mortgage Broker's License of the Respondent was renewed by the Department of Banking and Finance. That from 1983 until the present date, the Respondent has processed approximately five hundred (500) mortgage loan applications with an approximate value of $50,000,000.00. That to the knowledge of the Respondent, no complaints have been made to the Department of Banking and Finance concerning any activities of the Respondent conducted in his capacity as a Mortgage Solicitor or Mortgage Broker. That during the period of time the Respondent has held his Mortgage Solicitor's and Mortgage Broker's Licenses, the activities conducted by the Respondent pursuant to Florida Statutes, Chapter 494, have been his sole means of financial support for himself and his family. That on June 29, 1983, the Florida Real Estate Commission suspended the Respondent's Real Estate Broker's License for a period of five (5) years. Copies of the Stipulation and Final Order of the Department of Professional Regulation, Florida Real Estate Commission, evidencing said suspension are attached hereto as Exhibits "1" and "2" respectively; conformed copies of said Exhibits were attached to the Petitioner's Request For Judicial Notice filed in this cause and dated April 24, 1986. Christensen's Stipulation which was confirmed by the Final Order of the Florida Real Estate Commission recites that Christensen was "served with the Administrative Complaint, copy attached," charging Christensen with violating certain provisions of Chapter 475, Florida Statutes, and admits that the Administrative Complaint contains no disputed issues of material fact. But the Administrative Complaint itself apparently is not attached to the Stipulation approved by the Florida Real Estate Commission. It is not attached to the Stipulation filed in this case and is not found anywhere in the evidentiary or official record of this case. The Stipulation filed by the parties in this case does not state whether the suspension of Christensen's real estate broker license was based on fraud, misrepresentation, or deceit.
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is recommended that Petitioner, Department of Banking and Finance, enter a final order dismissing the Amended Notice Of Intention To Suspend Or Revoke And Administrative Charges And Complaint against Respondent, Terry E. Christensen, in this case. RECOMMENDED this 10th day of June, 1986, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 10th day of June, 1986. COPIES FURNISHED: John B. Root, III Assistant General Counsel Office of the Comptroller 400 West Robinson Street Suite 501 Orlando, Florida 32801 Gorham Rutter, Jr., Esquire Gorham Rutter, Jr., P.A. 338 N. Magnolia Avenue, Suite D Orlando, Florida 32801 Honorable Gerald Lewis Comptroller, State of Florida The Capitol Tallahassee, Florida 32301 EXHIBIT 1 STATE OF FLORIDA DEPARTMENT OF BANKING AND FINANCE DEPARTMENT OF BANKING AND FINANCE, Petitioner vs. CASE No. 86-0328 TERRY E. CHRISTENSEN, Respondent. / S T I P U L A T I O N The Petitioner, DEPARTMENT OF BANKING AND FINANCE, by and through its undersigned counsel, and the Respondent, TERRY E. CHRISTENSEN, hereby stipulate and agree as to the following facts upon which the parties respectfully request the Hearing Officer herein to render his decision: In 1983 the Respondent duly obtained his Mortgage Solicitor's License and the Respondent continued to act as a Mortgage solicitor until July 15, 1984. That on July 15, 1984, the Respondent duly obtained his Mortgage Broker's License holding license No. HB15055. That in August, 1984 and August, 1985 the Mortgage Broker's License of the Respondent was renewed by the DEPARTMENT OF BANKING AND FINANCE. That from 1983 until the present date, the Respondent has processed approximately five hundred (500) mortgage loan applications with an approximate value of $50,000,000.00. That to the knowledge of the Respondent, no complaints have been made to the DEPARTMENT OF BANKING AND FINANCE concerning any activities of the Respondent conducted in his capacity as a Mortgage Solicitor or Mortgage Broker. That during the period of time the Respondent has held his Mortgage Solicitor's and Mortgage Broker's Licenses, the activities conducted by the Respondent pursuant to Florida Statutes, Chapter 494, have been his sole means of financial support for himself and his family. That on June 29, 1983, the Florida Real Estate Commission suspended the Respondent's Real Estate Broker's License for a period of five (5) years. Copies of the Stipulation and Final Order of the Department of Professional Regulation, Florida Real Estate Commission, evidencing said suspension are attached hereto as Exhibits "1" and "2" respectively; conformed copies of said Exhibits were attached to the Petitioner's Request for Judicial Notice filed in this cause and dated April 24, 1986. The parties respectfully request the Hearing Officer to render his decision in this matter based upon the foregoing stipulated facts and in lieu of an evidentiary hearing. DATED this 13th day of May, 1986. JOHN B. ROOT, III, ESQUIRE GORHAM RUTTER, JR., ESQUIRE Office of the Comptroller GORHAM RUTTER, JR., P.A. 400 W. Robinson St., Suite 501 338 N. Magnolia Ave., Suite D Orlando, Florida 32801 Orlando, Florida 32801 ATTORNEY FOR PETITIONER ATTORNEY FOR RESPONDENT Telephone: (305) 423-5116 Telephone: (305) 841-7667 TERRY E. CHRISTENSEN, Respondent EXHIBIT 1 STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. CASE NO. 0024293 TERRY E. CHRISTENSEN, Respondent. / DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, CASE NO. 0021931 vs. TEC REALTY, INC. AND TERRY E. CHRISTENSEN, Respondent. / S T I P U L A T I O N Terry E. Christensen; TEC Realty, Inc. and Terry E. Christensen, (Respondents), and Department of Professional Regulation, (Department), hereby stipulate and agree to the issuance of a Final Order by the Florida Real Estate Commission (FREC), adopting and incorporating the provisions of this Stipulation in reference to the above-styled case. STIPULATED FACTS AND CONCLUSIONS OF LAW Respondent Terry E. Christensen is now a broker-salesman, but at times material herein was a licensed real estate broker in the State of Florida having been issued license number 0174505. Respondent TEC Realty, Inc. was at times material herein a licensed corporate real estate broker in the State of Florida having been issued license number 0212593. Its registration is now in "limbo". Respondents admit that they are subject to the provisions of Chapters 455 and 475, Florida Statutes, and therefore, subject to the jurisdiction of the Department and of the FREC. Respondents admit that they have been served with the Administrative Complaint, copy attached, which charges the Respondents with having violated certain provisions of Chapter 475, Florida Statutes, (and the rules enacted pursuant thereto). Respondents admit that the Administrative Complaint contains no disputed issues of material fact. Respondents admit that the stipulated facts contained in the Administrative Complaint support a finding of the Real Estate Practice Act. STIPULATED DISPOSITION Respondents shall not in the future violate Chapters 455 or 475, Florida Statutes, or the rules enacted pursuant thereto. The licenses of Respondents and of each of them, shall be suspended for five (5) years; and Respondents shall pay a total fine of $500 which fine shall be paid by cashier's check or money order made payable to the Department of Professional Regulation, Division of Real Estate within thirty (30) days of the filing of the Final Order. The action taken as reflected in the Final Order shall be published in the FREC News and Report Quarterly. It is expressly understood that this Stipulation is subject to the approval of the Department and of the FREC, and this Stipulation has no force and effect until a Final Order has been issued and filed. This Stipulation is executed by the Respondents for the purpose of avoiding further administrative action with respect to this cause. In this regard, Respondents authorize the FREC to review and examine all investigative file materials concerning Respondents prior to or in conjunction with the consideration of this Stipulation. Furthermore, should this Stipulation not be approved by the FREC, it is agreed that presentation to and consideration of this Stipulation and other documents and matters by the FREC shall not unfairly or unlawfully prejudice the Department, the FREC or any of its members from further participation, consideration or resolution of these proceedings. Respondents and the Department fully understand that this Stipulation and resulting Final Order adopting and incorporating the provisions of this Stipulation shall in no way preclude any other disciplinary proceedings by the Department or the FREC against the Respondent for acts or omissions not specifically set forth in the attached Administrative Complaint. Respondents expressly waive all notice requirements and right to seek judicial review of or to otherwise challenge or contest the validity and enforcement of this Stipulation and resulting Final Order of the FREC adopting and incorporating this Stipulation. SIGNED this day of , 1983. (filed document undated) SWORN TO AND SUBSCRIBED Respondents before me this 9th Terry E. Christensen, individually, day of June, 1983. and as broker and officer of TEC Realty, Inc. Notary Public My Commission Expires: Notary Public, State of Florida My Commission Expires June 26, 1986 Bonded Thru Troy Fain Insurance, Inc. Approved this 21st day of June, 1983. John Huskins, Staff Attorney Department of Professional Regulation Legal Section 400 West Robinson Street, 308 Post Office Box 1900 Orlando, Florida 32802 (305) 423-6134 Approved this 13th Fred Roche, Secretary day of June, 1983. Department of Professional Regulation JH/dm 6/6/83 EXHIBIT 2 STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION DEPARTMENT OF PROFESSIONAL REGULATION, FLORIDA REAL ESTATE COMMISSION, Petitioner, vs. CASE NO. 0024293 DOAH NO. 83-346 TERRY E. CHRISTENSEN and TEC REALTY INC. CASE NO. 0021931 DOAH NO. 83-345 Respondents /
