Findings Of Fact Respondent Morton Finkelstein was exclusively connected with International Land Brokers, Inc., as a real estate salesperson, from April 4, 1975, to September 15, 1975. During the period of respondent's employment, Jeffrey Kramer, a real estate broker, was president and active firm member of International Land Brokers, Inc. One of the corporation's offices consisted of two rooms. The front room contained Mr. Kramer's desk, a secretary's desk, file cabinets, a duplicating machine, and a reception area. The back room was divided into six cubicles, each with a telephone. The office complex had a regular telephone line and a WATS line. Attached to the walls of most of the cubicles most of the time were portions of a packet of papers that was mailed to certain prospects. Pages two through five of composite exhibit No. 1, together with the last page, were at one time posted on the walls of some of the cubicles. Between the hours of six and half past ten five nights a week and at various times on weekends, salespersons in the employ of International Land Brokers, Inc., manned the telephones in the cubicles. They called up property owners, introduced themselves as licensed real estate salespersons, and inquired whether the property owner was interested in selling his property. When a property owner indicated an interest in selling, the salesperson made a note of that fact. The following day, clerical employees mailed a packet of papers to the property owners whose interest in selling the salesperson had noted. Petitioner's composite exhibit No. 1 contains the papers mailed to one prospect. The contents of the materials which were mailed out changed three or four times over the year and a half that International Land Brokers, Inc., was in business. As a general rule, a week or so after the initial call to a property owner who proved interested in selling, a salesperson placed a second telephone call to answer any questions about the materials that had been mailed, and to encourage the property owner to list the property for sale with International Land Brokers, Inc. Property owners who listed their property paid international Land Brokers, Inc., a listing fee which was to be subtracted from the broker's commission, in the event of sale. When International Land Brokers, Inc., began operation, the listing fee was $200.00 or $250.00, but the listing fee was eventually raised to about $300.00. In the event the same salesperson both initially contacted the property owner and subsequently secured the listing, the salesperson was paid approximately 30 percent of the listing fee. If one salesperson initially contacted the property owner and another salesperson secured the listing, the one who made the initial telephone call was paid approximately $20.00 and the other salesperson was paid between $75.00 and $90.00 or thereabouts; when more than one salesperson was involved the sum of the amounts paid to the salespersons represented about 35 percent of the listing fee. In telephoning property owners, the salesperson worked from lists which International Land Brokers, Inc., had bought from unspecified individuals, or compiled from county tax records. In the latter part of August, 1975, respondent telephoned Marc A. Rouslin, of Providence, Rhode Island, who owned lots in Florida. On one occasion, another salesperson, Zelda Fogel, also spoke to Mr. Rouslin on the telephone. Respondent encouraged Mr. Rouslin to list his property for sale with International Land Brokers, Inc., and solicited a fee of two hundred eighty-five dollars ($285.00) in advance. Respondent told Mr. Rouslin that this fee would be used for advertising "in most of the world's biggest newspapers. . .[including] the New York Times." Petitioner's exhibit No. 25, p. 7. He represented that International Land Brokers, Inc., had sold property on behalf of other landowners. Mr. Rouslin agreed to list two lots which he had purchased in 1972, or thereabouts, for two thousand one hundred ninety-five dollars ($2,195.00) per lot. At respondent's suggestion, Mr. Rouslin listed the property for sale at sixty-eight hundred dollars ($6,800.00) per lot. He later received in the mail what purported to be a proof of a page in a catalog on which his property was listed. Respondent also persuaded Enock Gustavson of West Peabody, Massachusetts, to list certain Florida real estate with International Land Brokers, Inc., and to authorize BankAmericard to pay International Land Brokers, Inc., three hundred fifty dollars ($350.00) on his behalf, as an advance against any commission. After working for International Land Brokers, Inc., respondent worked for Continental Marketing Services, Inc. While in the employ of Continental Marketing Services, Inc., respondent solicited listings from Mr. Albert Ferraro, a resident of Rhode Island and the owner of certain Florida realty. Mr. Ferraro agreed to list property with Continental Marketing Services, Inc., after talking to respondent and to Jeffrey Kramer.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the complaint be dismissed. DONE and ENTERED this 21st day of September, 1977, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Mr. Louis B. Guttmann, III, Esquire Mr. Richard J.R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Morton Finkelstein 1000 Northwest 202nd Street Miami, Florida 33169
Findings Of Fact Respondent David Fredric Wolk was exclusively connected with International Land Brokers, Inc., as a real estate salesman, from June 9, 1975, to September 8, 1975. During the period of respondent's employment, Jeffry Kramer, a real estate broker, was president and active firm member of International Land Brokers, Inc. One of the corporation's offices consisted of two rooms. The front room contained Mr. Kramer's desk, a secretary's desk, file cabinets, a duplicating machine, and a reception area. The back room was divided into six cubicles, each with a telephone. The office complex has a regular telephone line and a WATS line. Attached to the walls of most of the cubicles most of the time were portions of a packet of papers that was mailed to certain prospects. Pages two through five of composite exhibit No. 1, together with the last page, were at one time posted on the walls of some of the cubicles. Between the hours of six and half past ten five nights a week and at various times on weekends, salespersons in the employ of International Land Brokers, Inc. manned the telephones in the cubicles. They called up property owners, introduced themselves as licensed real estate salespersons, and inquired whether the property owner was interested selling his property. When a property owner indicated an interest in selling, the salesperson made a note of that fact. The following day, clerical employees mailed a packet of papers to the property owners whose interest in selling the salespersons had noted. Petitioner's composite exhibit No. 1 contains the papers mailed to one prospect. The contents of the materials which were mailed out changed three or four times over the year and a half that International Land Brokers, Inc. was in business. A week after the initial call to a property owner who proved interested in selling, a salesperson placed a second telephone call to answer any questions about the materials that had been mailed, and to encourage the property owner to list the property for sale with International Land Brokers, Inc. Property owners who listed their property paid International Land Brokers, Inc. a listing fee which was to be subtracted from the broker's commission, in the event of sale. When International Land Brokers, Inc. began operations, the listing fee was $200.00 or $250.00, but the listing fee was eventually raised to about $300.00. In the event the same salesperson both initially contacted the property owner and subsequently secured the listing, the salesperson was paid approximately 30 percent of the listing fee. If one salesperson initially contacted the property owner and another salesperson secured the listing, the one who made the initial telephone call was paid approximately $20.00 and the other salesperson was paid between $75.00 and $90.00 or thereabouts; when more than one salesperson was involved the sum of the amounts paid to the salespersons represented about 35 percent of the listing fee. In telephoning property owners, the salespersons worked from lists which International Land Brokers, Inc. had bought from unspecified individuals, or compiled from county tax records.
Recommendation Upon consideration of the forgoing, it is RECOMMENDED: That the administrative complaint be dismissed. DONE and ENTERED this 8th day of July, 1977, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Mr. Louis B. Guttmann, III, Esquire and Mr. Richard Jr. R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Jack Feiner, Esquire Suite 345 Ingraham Building 25 Southeast 2nd Avenue Miami, Florida 33131
Findings Of Fact Respondent Charlene Touby was exclusively connected with International Land Brokers, Inc., as a real estate salesperson, from May 23, 1975, to September 30, 1975; and again from November 17, 1975, until the filing of the complaint (and for some time thereafter). During the first period of respondent's employment, Jeffrey Kramer, a real estate broker, was president and active firm member of International Land Brokers, Inc. One of the corporation's offices consisted of two rooms. The front room contained Mr. Kramer's desk, a secretary's desk, file cabinets, a duplicating machine, and a reception area. The back room was divided into six cubicles, each with a telephone. The office complex has a regular telephone line and a WATS line. Attached to the walls of the cubicles most of the time were portions of a packet of papers that was mailed to certain prospects. Pages two through five of composite exhibit No. l, together with the last page, were at one time posted on the walls of some of the cubicles. By the time respondent began her second period of employment with International Land Brokers, Inc., Walker J. Pankz had joined the firm as a broker. Between the hours of six and half past ten five nights a week and at various times on weekends, salespersons in the employ of International Land Brokers, Inc. manned the telephones in the cubicles. They called up property owners, introduced themselves as licensed real estate salespersons, and inquired whether the property owner was interested in selling his property. When a property owner indicated an interest in selling, the salesperson made a note of that fact. The following day, clerical employees mailed a packet of papers to the property owners whose interest in selling the salespersons had noted. Petitioner's composite exhibit No. 1 contains the papers mailed to one prospect. The contents of the materials which were mailed out changed three or four times over the year and a half that International Land Brokers, Inc., was in business. A week or so after the initial call to a property owner who proved interested in selling, a salesperson placed a second telephone call to answer any questions about the materials that had been mailed, and to encourage the property owner to list the property for sale with International Land Brokers, Inc. Property owners who listed their property paid International Land Brokers, Inc. a listing fee which was to be subtracted from the broker's commission, in the event of sale. When International Land Brokers, Inc. began operations, the listing fee was $200.00 or $250.00, but the listing fee was eventually raised to about $300.00. In the event the same salesperson both initially contacted the property owner and subsequently secured the listing, the salesperson was paid approximately 30 percent of the listing fee. If one salesperson initially contacted the property owner and another salesperson secured the listing, the one who made the initial telephone call was paid approximately $20.00 and the other salesperson was paid between $75.00 and $90.00 or thereabouts; when more than one salesperson was involved the sum of the amounts paid to the salespersons represented about 35 percent of the listing fee. In telephoning property owners, the salespersons worked from lists which International Land Brokers, Inc. had bought from unspecified individuals, or compiled from county tax records.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the administrative complaint be dismissed. DONE and ENTERED this 12th day of July, 1977, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Mr. Louis B. Guttmann, III, Esquire and Mr. Richard J. R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Charles A. Finkel, Esquire 801 East Hallandale Beach Boulevard Hallandale, Florida 33009
Findings Of Fact At all times material to these proceedings, the Respondent Mitchell was a licensed real estate salesman, having been issued license number 0364014 through the Division of Real Estate. The Department is the agency charged with the responsibility to prosecute charges of violations of Chapter 475, Florida Statutes, by real estate salesman who are licensed in Florida. In December 1982, while on vacation in Fort Lauderdale, Mr. Fernando Canepa accepted an invitation to take a complimentary tour of Lehigh Acres from a representative of Lehigh Corporation. Lehigh Corporation is owner of a large residential development within the community of Lehigh Acres, Florida. The community is in an undeveloped area of Lee County, Florida. A predecessor development company of Lehigh Corporation began development of Lehigh Acres as a planned community, in the early 1950's. By August 31, 1979, approximately 110,047 out of 129,000 lots had been sold within the community by the developers. The purpose of the complimentary tour, which includes a trip to the Everglades, a tour of Lehigh Acres, a promotional film and a free lunch is to sell real estate lots in this isolated and independent community. Mr. Fernando Canepa was aware of the tour's purpose when he accepted the invitation. Mr. Canepa had heard of Lehigh Corporation in Venezuela, his country of residence during 1982. As he was interested in purchasing real property in the United States, he had made the decision to visit the residential development for the possible purchase of property prior to leaving Venezuela on his vacation. A close friend of Mr. Canepa who resides in Peru, had also discussed a purchase of real estate in the United States with Mr. Canepa prior to his vacation. Mr. Ricardo Sahurie verbally authorized Mr. Canepa to seek out property in Lehigh Acre for him if Mr. Canepa believed that a purchase in that community would be a good idea. The two friends agreed that if land purchases were made, the two lots would have to be next to each other. During his tour of Lehigh Acres on January 5, 1983, Mr. Canepa was introduced to the Respondent. The Respondent was the real estate salesman assigned by Lehigh Corporation to handle lot sales within the development to members of that particular tour group. When Mr. Canepa spoke with the Respondent about a lot purchase, he was concerned about two matters: the market value of the lots and the security of his investment. Mr. Canepa was informed by the Respondent that the price for each of the two lots he wanted to purchase were $12,499.00 and $11,999.00, respectively. The prices were non-negotiable as the market value placed upon each lot was determined by the lot control department within Lehigh Corporation. Prior to the signing of Agreements for Deed on a lot for himself and a lot for Mr. Sahurie, Mr. Canepa was given the opportunity to read the Public Offering Statement on the development which had been prepared by Lehigh Corporation. On page two of the statement, potential buyers were advised of many of the inherent risks involved in a land purchase. Potential buyers were warned that land values may not increase, and that resale of lots within Lehigh Acres may be difficult or impossible. As part of the sales transaction, the Respondent was required to contemporaneously certify that he made no representations to Mr. Canepa which were contrary to the information contained in the Public Offering Statement. Mr. Canepa was given a copy of this certification, along with specific instructions to notify the Office of Interstate Land Sale Registration and the Division of Florida Land Sales and Condominiums if representations were made to him which are contrary to those in the statement. In addition, Mr. Canepa was given seven days to cancel the Agreement for Deed signed by him on January 5, 1983. Mr. Canepa chose to continue with the purchase of the lot he selected, and recommendations were made to his friend Mr. Sahurie to continue with his purchase. The two purchasers agreed between themselves to hold onto the lots for a few years for speculation purposes. A decision to build upon the lots or to sell them could be made at a later date. This plan had been discussed with the Respondent, who had voiced his approval of the plan prior to the purchase of the lots by Mr. Canepa. The Respondent discussed the recent growth in the Southwest Florida region, and the recent increases in lot valuations when Mr. Canepa informed him of his intentions. These discussions reaffirmed Mr. Canepa's confidence in his decision to purchase the lots in the development, in spite of reminders by the Respondent that future land values are unforeseeable. On September 15, 1987, Mr. Canepa returned to Lehigh Acres and learned that the lots had not increased in value. Model home plans were obtained from Lehigh Corporation, and a resale agent was contacted to assist Mr. Canepa and Mr. Sahurie in their future plans for the property. During discussions with the real estate agent, Mr. Canepa was informed that the lots could be resold for a price between $2,500.00 to $3,000.00. When the agent was asked how much Mr. Canepa could have purchased a resale for in 1983, Mr. Canepa was told that he could have purchased a resale lot for around $2,000.00. The price requested by Lehigh Corporation for each lot is based upon a number of factors such as the costs of advertising, engineering, and development, as well as the cost of the land itself. Lehigh Acres has been a development project since 1952. During some of the earlier phases of the project, lots were sold for $500.00. Purchasers of land from the earlier phase are able to resell their vacant lots at a profit for price within the $2,000.00 price range. As an individual lot owner's expenses and motivations are different than the development corporation's expenses and motivations, lots could be obtained for less money from many individual lot owners in 1983 through 1987.
Recommendation Based upon the foregoing, it is RECOMMENDED: That a Final Order be entered finding Respondent Mitchell not guilty of the charges filed in Case No. 88-4690, and that these charges be dismissed. DONE and ENTERED this 8th day of August, 1989, in Tallahassee, Leon County, Florida. VERONICA E. DONNELLY Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of August, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 88-4690 The Respondent's proposed findings of fact are addressed as follows: Accepted. See HO #1. Rejected. Irrelevant. Rejected. Irrelevant. Rejected. Irrelevant. Rejected. Irrelevant. Accepted. See HO #3. Rejected. Irrelevant. Accepted. See HO #9. Accepted. See HO #9. Accepted. Accepted. Accepted. Accepted. See HO #10. Rejected. Irrelevant. Accepted. See HO #4. Accepted. See HO #6. Accepted. See HO #8, and #13. Accepted. Accepted. Accepted. Accepted. See HO #4. Accepted. See HO #4 and #6. Rejected. Irrelevant. Accepted. See HO #8. Accepted. Accepted. See HO #5. Accepted. Accepted. Accepted. See HO #8 and #9. Rejected. See HO #11. Rejected. Improper summary. See HO #11. Accepted. See HO #8. Accepted. See HO #9. Accepted. See HO #9 and #10. Rejected. Argumentative and irrelevant. Accepted. See HO #12. Accepted. See HO #12. Rejected. Irrelevant. Rejected. Irrelevant. Rejected. Irrelevant. Rejected. Closing argument. Conclusionary. COPIES FURNISHED: Arthur R. Shell, Jr., Esquire Department of Professional Regulation, Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 John C. Coleman, Esquire Coleman & Coleman 2300 McGregor Boulevard Post Office Box 2089 Fort Myers, Florida 33902 Darlene F. Keller, Director Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792
Findings Of Fact Respondent Charlene Touby was exclusively connected with International Land Brokers, Inc., as a real estate salesperson from May 23, 1975, to September 30, 1975; and again from November 17, 1975, to April 15, 1976. During the period of respondent's employment, Jeffrey Kramer, a real estate broker, was president and active firm member of International Land Brokers, Inc. One of the corporation's offices consisted of two rooms. The front room contained Mr. Kramer's desk, a secretary's desk, file cabinets, a duplicating machine, and a reception area. The back room was divided into six cubicles each with a telephone. The office complex had a regular telephone line and a WATS line. Attached to the walls of most of the cubicles most of the time were portions of a packet of papers that was mailed to certain prospects. Pages two through five of composite exhibit No. 1, together with the last page, were at one time posted on the walls of some of the cubicles. By the time respondent began her second period of employment with International Land Brokers, Inc., Walter J. Pankz had joined the firm as a broker. Between the hours of six and half past ten five nights a week and at various times on weekends, salespersons in the employ of International Land Brokers, Inc. manned the telephones in the cubicles. They called up property owners, introduced themselves as licensed real estate salespersons, and inquired whether the property owner was interested in selling his property. When a property owner indicated an interest in selling, the salesperson made a note of that fact. The following day, clerical employees mailed a packet of papers to the property owners whose interest in selling the salesperson had noted. Petitioner's composite exhibit No. 1 contains the papers mailed to one prospect. The contents of the materials which were mailed out changed three or four times over the year and a half that International Land Brokers, Inc., was in business. As a general rule, a week or so after the initial call to a property owner who proved interested in selling, a salesperson placed a second telephone call to answer any questions about the materials that had been mailed, and to encourage the property owner to list the property for sale with International Land Brokers, Inc. Property owners who listed their property paid International Land Brokers, Inc., a listing fee which was to be subtracted from the broker's commission, in the event of sale. When International Land Brokers, Inc., began operations, the listing fee was $200.00 or $250.00, but the listing fee was eventually raised to about $300.00. In the event the same salesperson both initially contacted the property owner and subsequently secured the listing, the salesperson was paid approximately 30 percent of the listing fee. If one salesperson initially contacted the property owner and another salesperson secured the listing, the one who made the initial telephone call was paid approximately $20.00 and the other salesperson was paid between $75.00 and $90.00 or thereabouts; when more than one salesperson was involved the sum of the amounts paid to the salespersons represented about 35 percent of the listing fee. In telephoning property owners, the salespersons worked from lists which International Land Brokers, Inc., had bought from unspecified individuals, or compiled from county tax records.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the administrative complaint be dismissed. DONE and ENTERED this 5th 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: Mr. Louis B. Guttmann, III, Esquire, and Mr. Richard J.R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Charles A. Finkel, Esquire 801 East Hallandale Beach Boulevard Hallandale, Florida 33009
Findings Of Fact Respondent Kermit Marcus was exclusively connected with International Land Brokers, Inc., as a real estate salesperson, from January 9, 1976, to September 9, 1976. Until approximately two months before respondent's employment, Jeffrey Kramer, a real estate broker, was president and active firm member of International Land Brokers, Inc. One of the corporation's offices consisted of two rooms. The front room contained Mr. Kramer's desk, a secretary's desk, file cabinets, a duplicating machine, and a reception area. The back room was divided into six cubicles, each with a telephone. The office complex had a regular telephone line and a WATS line. Attached to the walls of most of the cubicles most of the time were portions of a packet of papers that was mailed to certain prospects. Pages two through five of composite exhibit No. 1 together with the last page, were at one time posted on the walls of some of the cubicles. On November 3, 1975, Walter J. Pankz, a real estate broker, began work for International Land Brokers, Inc. Between the hours of six and half past ten five nights a week and at various times on weekends, salespersons in the employ of International Land Brokers, Inc., manned the telephones in the cubicles. They called up property owners, introduced themselves as licensed real estate salespersons, and inquired whether the property owner was interested in selling his property. When a property owner indicated an interest in selling, the salesperson made a note of that fact. The following day, clerical employees mailed a packet of papers to the property owners whose interest in selling the salesperson had noted. Petitioner's composite exhibit No. 1 contains the papers mailed to one prospect. The contents of the materials which were mailed out changed three or four times over the year and a half that International Land Brokers, Inc., was in business. As a general rule, a week or so after the initial call to a property owner who proved interested in selling, a salesperson placed a second telephone call to answer any questions about the materials that had been mailed, and to encourage the property owner to list the property for sale with International Land Brokers, Inc. Property owners who listed their property paid International Land Brokers, Inc., a listing fee which was to be subtracted from the broker's commission, in the event of sale. When International Land Brokers, Inc., began operation, the listing fee was $200.00 or $250.00, but the listing fee was eventually raised to about $300.00. In the event the same salesperson both initially contacted the property owner and subsequently secured the listing, the salesperson was paid approximately 30 percent of the listing fee. If one salesperson initially contacted the property owner and another salesperson secured the listing, the one who made the initial telephone call was paid approximately $20.00 and the other salesperson was paid between $75.00 and $90.00 or thereabouts; when more than one salesperson was involved the sum of the amounts paid to the salespersons represented about 35 percent of the listing fee. In telephoning property owners, the salespersons worked from lists which International Land Brokers, Inc., had bought from unspecified individuals, or compiled from county tax records. Respondent telephoned Robert Findlay of Elmwood Park, Illinois, three times before Mr. Findlay decided to list property he owned with International Land Brokers, Inc. Mr. Findlay sent the firm a check for three hundred fifty dollars ($350.00), as respondent had requested. Respondent told Mr. Findlay that the money would be credited against a 10 percent commission, in the event of sale, and "would be for the advertising, making up the listing and so forth, and their work towards the selling of it." Petitioner's exhibit No. 19, p. 6. Later respondent received in the mail what purported to be a proof of a page in a catalogue on which respondent's property was listed, although the property was incorrectly described.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the complaint be dismissed. DONE AND ENTERED this 29th day of September, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Mr. Louis B. Guttmann, III, Esquire Mr. Richard J.R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Kermit Marcus 1362 Northeast 116th Street Miami, Florida 33161
Findings Of Fact Respondent Elfred Lozada was exclusively connected with International Land Brokers, Inc., as a real estate salesperson, from November 17, 1975, until on or after November 1, 1976. Shortly before respondent began his employment, Jeffrey Kramer, a real estate broker, was president and active firm member of International Land Brokers, Inc. One of the corporation's offices consisted of two rooms. The front room contained Mr. Kramer's desk, a secretary's desk, file cabinets, a duplicating machine, and a reception area. The back room was divided into six cubicles, each with a telephone. The office complex had a regular telephone line and a WATS line. Attached to the walls of most of the cubicles most of the time were portions of a packet of papers that was mailed to certain prospects. Pages two through five of composite exhibit No. 1, together with the last page, were at one time posted on the walls of some of the cubicles. On November 3, 1975, Walter J. Pankz began work for International Land Brokers, Inc., as a real estate broker. Between the hours of six and half past ten five nights a week and at various times on weekends, salespersons in the employ of International Land Brokers, Inc. manned the telephones in the cubicles. They called up property owners, introduced themselves as licensed real estate salespersons, and inquired whether the property owner was interested in selling his property. When a property owner indicated an interest in selling, the salesperson made a note of that fact. The following day, clerical employees mailed a packet of papers to the property owners whose interest in selling the salesperson had noted. Petitioner's composite exhibit No. 1 contains the papers mailed to one prospect. The contents of the materials which were mailed out changed three or four times over the year and a half that International Land Brokers, Inc., was in business. As a general rule, a week or so after the initial call to a property owner who proved interested in selling, a salesperson placed a second telephone call to answer any questions about the materials that had been mailed, and to encourage the property owner to list the property for sale with International Land Brokers, Inc. Property owners who listed their property paid International Land Brokers, Inc., a listing fee which was to be subtracted from the broker's commission, in the event of sale. When International Land Brokers, Inc., began operation, the listing fee was $200.00 or $250.00, but the listing fee was eventually raised to about $300.00. In the event the same salesperson both initially contacted the property owner and subsequently secured the listing, the salesperson was paid approximately 30 percent of the listing fee. If one salesperson initially contacted the property owner and another salesperson secured the listing, the one who made the initial telephone call was paid approximately $20.00 and the other salesperson was paid between $75.00 and $90.00 or thereabouts; when more than one salesperson was involved the sum of the amounts paid to the salespersons represented about 35 percent of the listing fee. In telephoning property owners, the salespersons worked from lists which International Land Brokers, Inc., had bought from unspecified individuals, or compiled from county tax records.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the administrative complaint be dismissed. DONE and ENTERED this 31st 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 Filed with the Clerk of the Division of Administrative Hearings this 31st day of August, 1977. COPIES FURNISHED: Mr. Louis B. Guttmann, III, Esquire and Mr. Richard J. R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Elfred Lozada 1850 North East 142nd Street Apartment 6G North Miami, Florida 33161
The Issue Whether Murray Alter violated the provisions of Section 475.25(1)(a), and (2), Florida Statutes.
Findings Of Fact Murray Alter is a registered real estate salesman. Alter was employed by International Land Services Chartered, Inc. from 1974 to 1976 and received commission payments during that time from International Land Sales Chartered, Inc. Alter was a listing representative or "closer". Alter identified a letter signed by him to William Carey Hansard and stated that he (Alter) sent people he had contacted such letters. Hansard testified that Alter stated to him that Hansard's property could be sold easily. Hansard did not attribute any other representations to Alter and indicated that he had talked mostly with other salesmen. Hansard said Alter told him the primary means of selling the property would be by advertisement in a catalogue sent by International Land Services Chartered, Inc., to U.S. and foreign brokers. The deponents indicated that they had been contacted by a person who identified himself as Murray Alter. The McKays stated that the person identifying himself as Alter did not represent to them that International Land Services Chartered, Inc., had made other sales of property or that the company had ready buyers. They stated that the person identifying himself as Alter stated that their property would be easy to sell because there was a boom in Florida real estate. The McKays stated that the person who identified himself as Alter represented that International Land Services Chartered, Inc., would advertise their property in a catalogue which would be sent to U.S. and foreign brokers. Icard stated the person who identified himself as Alter contacted him, but did not represent that International Land Services Chartered, Inc. had made other sales or that the property could be sold immediately, or that the property could be sold at several times its price. Alter denied making any false representations to any of the persons whom he contacted. Alter explained his duties with International Land Services Chartered, Inc.
Recommendation Based upon the foregoing facts and conclusions of law, the Hearing Officer recommends to the Florida Real Estate Commission that no action be taken against the registration of Murray Alter as a real estate salesman. DONE and ORDERED this 7th day of March, 1978, Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Manuel Oliver, Esquire Charles Felix, Esquire Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Ronald L. Fried, Esquire 2699 S. Bayshore Drive Suite 400C Miami, Florida 33133 ================================================================= AGENCY FINAL ORDER ================================================================= FLORIDA REAL ESTATE COMMISSION FLORIDA REAL ESTATE COMMISSION Petitioner, PROGRESS DOCKET NO. 2770 DADE COUNTY vs. DOAH CASE NO. 77-197 MURRAY ALTER, Respondent. /
Findings Of Fact Respondent Murray Carter Harris was exclusively connected with International Land Brokers, Inc., as a real estate salesman, from October 3, 1974, to September 7, 1975. During the period of respondent's employment, Jeffrey Kramer, a real estate broker, was president and active firm member of International Land Brokers, Inc. One of the corporation's offices consisted of two rooms. The front room contained Mr. Kramer's desk, a secretary's desk, file cabinets, a duplicating machine, and a reception area. The back room was divided into six cubicles, each with a telephone. The office complex has a regular telephone line and a WATS line. Attached to the walls of most of the cubicles most of the time were portions of a packet of papers that was mailed to certain prospects. Pages two through five of composite exhibit No. 1, together with the last page, were at one time posted on the walls of some of the cubicles. Between the hours of six and half past ten five nights a week and at various times on weekends, salespersons in the employ of International Land Brokers, Inc. manned the telephones in the cubicles. They called up property owners, introduced themselves as licensed real estate salespersons, and inquired whether the property owner was interested in selling his property. When a property owner indicated an interest in selling, the salesperson made a note of that fact. The following day, clerical employees mailed a packet of papers to the property owners whose interest in selling the salespersons had noted. Petitioner's composite exhibit No. 1 contains the papers mailed to one prospect. The contents of the materials which were mailed out changed three or four times over the year and a half that International Land Brokers, Inc. was in business. As a general rule, a week or so after the initial call to a property owner who proved interested in selling, a salesperson placed a second telephone call to answer any questions about the materials that had been mailed, and to encourage the property owner to list the property for sale with International Land Brokers, Inc. Property owners who listed their property paid International Land Brokers, Inc. a listing fee which was to be subtracted from the broker's commission, in the event of sale. When International Land Brokers, Inc. began operations, the listing fee was $200.00 or $250.00, but the listing fee was eventually raised to about $300.00. In the event the same salesperson both initially contacted the property owner and subsequently secured the listing, the sales person was paid approximately 30 percent of the listing fee. If one salesperson initially contacted the property owner and another salesperson secured the listing, the one who made the initial telephone call was paid approximately $20.00 and the other salesperson was paid between $75.00 and $90.00 or thereabouts; when more than one salesperson was involved the sum of the amounts paid to the salespersons represented about 35 percent of the listing fee. In telephoning property owners, the salespersons worked from lists which International Land Brokers, Inc. had bought from unspecified individuals, or compiled from county tax records.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the administrative complaint be dismissed. DONE and ENTERED this 19th day of July, 1977, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Mr. Louis B. Guttmann, III, Esquire and Mr. Richard J. R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Jack B. Feiner, Esquire 2951 South Bayshore Drive Miami, Florida 33133
Findings Of Fact Respondent Thomas Glenn Curtiss was exclusively connected with International Land Brokers, Inc, as a real estate salesman from January 13, 1975 to September 16, 1975. During the period of respondent's employment, Jeffrey Kramer, a real estate broker, was president and active firm member of International Land Brokers, Inc. One of the corporation's offices consisted of two rooms. The front room contained Mr. Kramer's desk, a secretary's desk, file cabinets, a duplicating machine, and a reception area. The back room was divided into six cubicles, each with a telephone. The office complex had a regular telephone line and a WATS line. Attached to the walls of most of the cubicles most of the time were portions of a packet of papers that was mailed to certain prospects. Pages two through five of composite exhibit No. 1, together with the last page, were at one time posted on the walls of some of the cubicles. Between the hours of six and half past ten five nights a week and at various times on weekends, salespersons in the employ of International Land Brokers, Inc. manned the telephones in the cubicles. They called up property owners, introduced themselves as licensed real estate salespersons, and inquired whether the property owner was interested in selling his property. When a property owner indicated an interest in selling, the salesperson made a note of that fact. The following day, clerical employees mailed a packet of papers to the property owners whose interest in selling the salesperson had noted. Petitioners composite exhibit No. 1 contains the papers mailed to one prospect. The contents of the materials which were mailed out changed three or four times over the year and a half that International Land Brokers, Inc., was in business. As a general rule, a week or so after the initial call to a property owner who proved interested in selling, a salesperson placed a second telephone call to answer any questions about the materials that had been mailed, and to encourage the property owner to list the property for sale with International Land Brokers, Inc. Property owners who listed their property paid International Land Brokers, Inc., a listing fee which was to be subtracted from the broker's commission, in the event of sale. When International Land Brokers, Inc. began operations, the listing fee was $200.00 or $250.00, but the listing fee was eventually raised to about $300.00. In the event the same salesperson both initially contacted the property owner and subsequently secured the listing, the salesperson was paid approximately 30 percent of the listing fee. If one salesperson initially contacted the property owner and another salesperson secured the listing, the one who made the initial telephone call was paid approximately $20.00 and the other salesperson was paid between $75.00 and $90.00 or thereabouts; when more than one salesperson was involved the sum of the amounts paid to the salespersons represented about 35 percent of the listing fee. In telephoning property owners the salespersons worked from lists which International Land Brokers, Inc. had bought from unspecified individuals, or compiled from county tax records.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the administrative complaint be dismissed. DONE and ENTERED this 4th 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: Mr. Louis B. Guttmann, III, Esquire and Mr. Richard J. R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Neil Flaxman, Esquire 7800 Red Road Penthouse South South Miami, Florida 33143
