Findings Of Fact Respondent Charles Edward Parsons (Parsons) is now and was at all times referred to in these Findings Of Fact a licensed real estate salesman having been issued license number 0362183. From approximately February 8, 1982 through May 13, 1983, Parsons was licensed and operating as a real estate salesman in the employ of corporate broker K Realty of Tampa, Inc., with the qualifying broker being Katherine I. Ley. As part of his employment, Parsons obtained a listing agreement from Richard and Julie Randall for the sale of certain real property. The listing was effective from August 24, 1982 to December 24, 1982. On October 22, 1982, Parsons, as purchaser, entered into a Contract for Sale of Real Estate with the Randalls, as sellers, for the purchase of Randalls' property. As part of the contract, Parsons represented that he had made and delivered in trust a $50.00 earnest money deposit to his registered employing broker, K Realty of Tampa, Inc. The Randalls to Parsons sales contract closed on or about November 18, 1982. At the closing, Parsons instructed the closing agent to credit Parsons, as purchaser, with $1,140.00 towards the payment of the purchase price in lieu of payment of K Realty's real estate commission. At no time referred to above in these Findings Of Fact did Parsons advise or inform K Realty of Tampa, Inc. or Katherine I. Ley of the Randalls to Parsons real estate transaction. Nor did either K Realty of Tampa, Inc. or Katherine I. Ley receive or waive payment of a brokerage commission in connection with the Randalls to Parsons transaction. Parsons acted throughout without the prior knowledge or consent of either K Realty of Tampa, Inc. or Katherine I. Ley. Notwithstanding his representations to the contrary, Parsons did not place with K Realty of Tampa, Inc. or Katherine I. Ley $50.00 or any part of the earnest money deposit he was supposed to have made at the time of the Randall to Parsons sales contract.
Recommendation Based upon the foregoing Findings Of Fact and Conclusions Of Law, it is recommended that the Florida Real Estate Commission suspend the real estate salesman's license of respondent Charles Edward Parsons for 2 years or until he makes full restitution to K Realty of Tampa, Inc., whichever last occurs. RECOMMENDED this 1 day of October, 1984, in Tallahassee, Florida. COPIES FURNISHED: John Huskins, Esquire Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Charles Edward Parsons 409 Ash Avenue Bessemer, Alabama 35021 Harold Huff, Executive Director Real Estate Legal Services Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 =================================================================
Findings Of Fact At all times relevant hereto, respondent, George N. Sullivan, held real-estate license number 0128470 issued by petitioner, Department of Professional Regulation, Florida Real Estate Commission. His current address is 22 East Spruce Street, Orlando, Florida. At one time, respondent also held a registered general contractor's license and operated a construction firm under the name of George N. Sullivan, Inc. in Vero Beach, Florida. On or about December 7, 1979, George N. Sullivan, Inc. and Vero Fore, Incorporated entered into a construction agreement wherein Sullivan agreed to construct a residence at Lot 27, Unit III, the Moorings of Vero Beach, in Indian River County for a price of $155,628. The difference between this price and the price of $171,688 alleged in the administrative complaint is due to "extras" agreed upon by the parties to be added to the project. Sullivan began construction on the residence but abandoned the project before it was completed. When he left the job he had been paid all sums due under the agreement except one final $18,000 draw. Vero Fore later discovered that approximately $66,000 in unpaid bills were left by Sullivan. It also learned that Sullivan had obtained releases from three material suppliers by issuing worthless checks in the amounts of $5,849, $2,883.48, $1,913.14, $4,988.92 and $3,847.23. To date, Vero Fore has not been repaid by Sullivan. Sullivan was later adjudged guilty of passing worthless checks by the circuit court of Indian River County on July 8, 1981 and was sentenced to eighteen months probation and required to make restitution to the subcontractors. The official records of Indian River County reflect that Sullivan was found to be in violation of probation on March 23, 1983 for failure to make restitution. It is unknown what, if any, penalties were imposed upon him for this violation, or if restitution has ever been made. On or about September 5, 1980, Sullivan entered into a contract with Mr. and Mrs. James L. Cain to remodel their residence located at 2075 DeLeon Avenue, Vero Beach, Florida. The agreed upon price was $46,900. The Cains paid Sullivan $46890, or 10 percent, as a downpayment for the work on September 8, 1980. Sullivan sent three men to the Cains' house a few days later to build a platform. No other work was ever done. Sullivan did not pay the three workmen and the Cains were forced to pay them $788 to obtain a release of liens. To date, they have never been reimbursed by respondent.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent George N. Sullivan be found guilty as charged in Counts I, III, and IV and that Count II be DISMISSED. It is further RECOMMENDED that respondent's real estate sales license be suspended for a period of ten years with the condition that said license be reinstated after a period of three years if respondent can demonstrate that restitution to the three material suppliers, Vero Fore, Inc. and the Cains has been made. DONE and RECOMMENDED this 10th day of December, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER 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 December, 1983. COPIES FURNISHED: Gary Lee Printy, Esquire Post Office Box 1900 Orlando, Florida 32802 Mr. George N. Sullivan 22 East Spruce Street Orlando, Florida 32802
Findings Of Fact Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165, Florida Statutes, Chapters 120, 455 and 475, Florida Statutes, and the rules promulgated pursuant thereto. Respondent Herman J. Vis is now and was at all times material hereto a licensed real estate broker in the State of Florida having been issued license number 0475507 in accordance with Chapter 475, Florida Statutes. The last license issued was a broker percentVestige International Services Corp., 654 Madrid Drive, Poinciana, Kissimmee, Florida 34758, a dissolved Florida corporation. On April 6, 1992, the Division of Land Sales filed a Notice to Show Cause directed to Respondent for violations of Chapter 498, Florida Statutes. Respondent admitted the violations and requested an informal hearing, pursuant to Section 120.57(2), Florida Statutes. Following an informal hearing, on July 30, 1992, the Department of Business Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes entered a Final Order directed to the Respondent which found Respondent had violated Sections 498.023(1) and (2), Florida Statutes and imposed a fine of $2,500 and administrative costs of $1,500 for a total of $4,000 to be paid by him within 45 days from the date of the order. Respondent failed to comply with the Final Order and the Division sought and obtained a Final Judgment in the Second Judicial Circuit of Florida. Following notice and an opportunity to be heard, the Final Judgment, dated September 28, 1993, directed Respondent to comply with the Final Order and pay an additional civil penalty of $1,000. Respondent has a duty imposed by law to pay the civil and administrative fines and costs and has failed to do so. As of the date of this Order, Respondent has paid neither the $2,500 civil penalty nor the administrative cost of $1,500. The civil judgments in favor of the Petitioner have not been satisfied. Respondent's explanation of his misunderstanding of the law and his good intentions does not relieve him of his obligation to comply with the Final Order and Final Judgment.
Recommendation Based on the foregoing, it is RECOMMENDED as follows: The Florida Real Estate Commission issue and file a Final Order finding the Respondent guilty of violating Subsections 475.25(1)(b) and (e), Florida Statutes, as charged in the Administrative Complaint. The Final Order should further direct that all of Respondent's real estate licenses, registrations, certificates and permits, be suspended for a period of five (5) years or until such time as Respondent satisfies the judgments in favor of the Florida Department of Business and Professional Regulation, Division of Land Sales, whichever occurs first. Should Respondent satisfy the said judgments within the time allowed, then Respondent's real estate licenses, registrations, certificates and permits, should thereafter be placed on probation for a period of one (1) year with such terms and conditions as the Commission may deem appropriate and should include the payment of a five hundred dollars ($500) administrative fine to be paid by the Respondent within his probationary period. Should all said judgments and fines not be satisfied within the above time allowed, then all Respondent's real estate licenses, registrations, certificates and permits shall be, in accord with the Commission's penalty guidelines, permanently revoked. DONE and ENTERED this 25th day of May, 1994, in Tallahassee, Florida. DANIEL M. KILBRIDE 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 25th day of May, 1994. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1-7 Respondent's proposals. Respondent submitted, in letter form, a restatement of the testimony of witnesses or disputation of that testimony. Said comments cannot be ruled on individually, but have been reviewed and considered. COPIES FURNISHED: James H. Gillis, Esquire Florida Department of Business and Professional Regulation Division of Real Estate Legal Section - Suite N 308 Hurston Building North Tower 400 West Robinson Street Orlando, Florida 32801-1772 Herman J. Vis (pro se) 654 Madrid Drive Kissimmee, Florida 34758 Darlene F. Keller Division Director Department of Business and Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: In April of 1986, the petitioner, Donny Lynn Hair, filed an application for licensure as a real estate salesman. In answering Question Number 6 of the application, which requests information concerning an applicant's criminal record, petitioner answered in the affirmative, explaining "1975 Lewisburg, Ohio - for fighting. 2 years probation. 1983 Santa Monica, Cal. - for child molesting. 4 years probation." At the final hearing, petitioner testified in his own behalf. He explained the "fighting" incident as one occurring during his school years when a "bully" had broken his nose and he became upset with him. For that offense, he was placed on probation for a period of two years. In 1983, petitioner was charged with two counts of child molesting. At the time, petitioner was 25 or 26 years old, and the charges involved two young girls, ages six and seven. For these offenses, petitioner was placed on probation for a period of four years, with a condition that he not associate with children under the age of 18. The probationary period ended in September of this year. Petitioner testified that he has learned from his past mistakes, and that he has not violated the terms of his four-year probation. Petitioner presented no other witnesses to testify in his behalf, nor was any documentary evidence offered by the petitioner. A composite exhibit was received into evidence as Hearing Officer's Exhibit 1. This exhibit is comprised of petitioner's application for licensure and various other documents related thereto, including two forms purportedly completed by persons listed on petitioner's application as references. While each of the two references indicated on the form provided that petitioner was of good character, neither was aware of petitioner's criminal convictions for child molesting.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that petitioner's application for licensure as a real estate salesman be DENIED, without prejudice to petitioner to reapply for such licensure after a period of two years. Respectfully submitted and entered this 27th day of October, 1987, in Tallahassee, Florida. DIANE D. TREMOR 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 27th day of October, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-3599 The parties were informed of the opportunity to submit proposed findings of fact and proposed conclusions of law subsequent to the final hearing. Counsel for the respondent availed himself of the opportunity, and his proposed findings of fact have been accepted and included herein. The petitioner did not submit any post-hearing proposals. COPIES FURNISHED: Donny L. Hair 2606 Hollyridge Drive New Port Richey, FL 33552 Manuel E Oliver, Esquire Assistant Attorney General Suite 212, 400 West Robinson Street Orlando, FL 32801 Darlene F. Keller Acting Executive Director Department of Professional Regulation Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: At the hearing, counsel for the petitioner attempted to introduce into evidence as an exhibit a computer printout showing respondent's license status. This document could not be identified by any witness called to testify in the proceeding and was not otherwise properly authenticated. The following colloquy between counsel for the petitioner, the Hearing Officer and the respondent occurred prior to the time respondent was placed under oath during the hearing: MR. JORDAN: Finally, Your Honor, we'd like to introduce as our next exhibit a computer printout showing Mrs. Steed's license status which reflects that her broker's license was effective 4/1/81. That would be Exhibit 23. MRS. STEED: Where are they located at? MR. JORDAN: That came out of Tallahassee, I believe. That's just a printout on your license. MRS. STEED: Do they show I'm inactive? MR. JORDAN: Let me see. This simply shows that as of 8/28/81 and you were licensed and your broker's license became effective 4/1/81 and your home address is 10164 Southwest 64th Street. MRS. STEED: None of that is true. THE HEARING OFFICER: She obviously cannot identify that document if it's something that came out of Tallahassee and she's never seen it before. MRS. STEED: It's inactive. THE HEARING OFFICER: Okay. Since Mrs. Steed is not represented by an attorney, I feel obliged to tell her it's the Board's responsibility to prove that she either was licensed at the time of the allegations in the complaint or something -- MRS. STEED: I am not a licensed real estate broker at the present time and I haven't been, but I just don't know the date that it changed. MR. JORDAN: The material time I think is back in `80 and `81 when this was going on. I can call your associate. MRS. STEED: I possibly was licensed then. I'm not saying I wasn't. I don't really know. I would say I was. THE HEARING OFFICER: As I said, it's the Board's responsibility to prove that up. MR. JORDAN: I think she's saying you still have it. It's just that it's inactive. MRS. STEED: I'm inactive. MR. JORDAN: You haven't given up your license; correct? MRS. STEED: No THE HEARING OFFICER: You're not offering that? MR. JORDAN: I'm not offering that. I think she agrees that she was licensed back in '80 and '81 when these transactions were going on. (TR. pp 59 and 60) No other evidence was offered during the hearing as to respondent's status as a licensed real estate broker in Florida.
Recommendation Based upon the findings of fact and conclusions of law recited above, it is RECOMMENDED that the Administrative Complaint against the respondent filed on September 2, 1981, as amended on December 1, 1981, be DISMISSED. Respectfully submitted and entered this 28th day of July, 1982, in Tallahassee, Florida. DIANE D. TREMOR 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 28 day of July, 1982. COPIES FURNISHED: Robert F. Jordan, Esquire Mr. C. B. Stafford Conrad, Scherer & James Executive Director Post Office Box 14723 Florida Real Estate Commission Ft. Lauderdale, Florida 33302 Post Office Box 1900 Orlando, Florida 32801 Carolyn Steed 5951 S. W. 67th Ave. Fred Wilsen, Esquire Davie, Florida 33314 Florida Real Estate Commission 400 W. Robinson Orlando, Florida 32801
Findings Of Fact Upon the consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: At all times relevant to this proceeding, Respondent was a licensed real estate salesman in the State of Florida, having been issued license number 0118115. At all times relevant to this proceeding, Respondent's license as a real estate salesman was in an inactive status. Respondent was not employed by Kenneth Ray Wagner (Wagner), Ken Wagner Realty or Computer Real Estate Sales, Inc. at any time relevant to this proceeding. At all times relevant to this proceeding, Respondent was employed by the Hernando County Board of Relators. On about July 8, 1985, Elizabeth L. Tucker (Tucker), a licensed real estate salesman in the employ of Ken Wagner Realty, with Kenneth Ray Wagner (Wagner) acting as qualifying broker, obtained a listing agreement from Horace and Sibyl Gordey (Gordeys) as owners to sell certain residential property at an asking price of $48,000.00 in cash, or terms of $5,000.00 down with balance in wrap-around mortgages. After the Gordeys listed the property for sale, Respondent made an offer to purchase the property for $44,000.00. Terms to be: $5,000.00 down, $3,000.00 of which would be in the form of a promissory note with the balance of the down payment in cash, and with Respondent assuming two (2) existing mortgages in the total sum of approximately $39,000.00, with closing to be on October 22, 1985. After receiving the Respondent's offer, the Gordeys requested that Tucker offer the subject property to Ed and Joy Kimball (Kimballs), the tenants in possession, for the purchase price of $44,000.00, consisting of $5,000.00 down plus the Kimballs assuming the payment of the existing mortgages of approximately $39,000.00. Tucker advised the Gordeys not to make this offer to the Kimballs but to make the original offer of $48,000.00 and let the Kimballs make a counteroffer. The Gordeys rejected this advice. Tucker did not make the offer as instructed by the Gordeys but, as instructed by Wagner, made the $48,000.00 offer which was rejected by the Kimballs. Upon being advised by Tucker that the Kimballs had rejected their offer (thinking that it was the $44,000.00 offer that had been rejected), the Gordeys entered into a contract for the sale of the property with the Respondent. The contract entered into between the Gordeys and the Respondent was an amended version of the Respondent's original offer. The contract was a six (6) months lease with option to purchase, providing for lease payments of $300.00 per month that were not to apply toward the purchase price. The purchase price being $44,000.00, with a $5,000.00 down payment and Respondent assuming the payment of the two (2) existing mortgages in the approximate amount of $39,000.00. The down payment was represented by two (2) promissory notes made payable to the Gordeys for the total amount of $5,000.00, due and payable on March 22, 1986, at closing. Respondent was neither involved in obtaining the listing agreement from the Gordey's nor had any knowledge of any conversations between Tucker and the Gordeys or Tucker and Wagner concerning the listing agreement or the offer to be made to the Kimballs by Tucker, prior to entering into the contract for lease and purchase of the Gordeys' property. The contract for the sale of the property did not close on March 22, 1986 as anticipated, or at any time subsequent to that date. The failure of the contract to close was due to a misunderstanding of a poorly drafted contract by both parties. The misunderstanding of the contract by the parties, Respondent's failure to timely pay rent, the return of the two (2) checks by the bank for insufficient funds given to the Gordeys by Respondent, and Respondent's refusal to vacate the premises after notice to vacate was served on December 24, 1985 by the Gordeys resulted in civil litigation being filed and a judgment being entered against Respondent to vacate the premises, and later a monetary award of $4,800.45 plus costs of $322.50 which the parties had agreed upon prior to the entry of the final judgment. The final judgment merged all claims, including both the Gordeys' and the Respondent's. Before the final judgment was entered, the Respondent had paid into the registry of the court the sum of $1,800.45 which was applied against the judgment. This final judgment has not been satisfied by the Respondent. Although Wagner visited the premises from time to time, only the Respondent and her son resided in the premises. There is no evidence that Respondent entered into the transaction with any dishonest or illicit intent, or with the desire to misrepresent any material fact to the Gordeys. There is no evidence that Respondent intended to defraud the Gordeys when she gave them the checks on insufficient funds, or when she failed to timely pay the rent. There was a legitimate disagreement under the contract.
Recommendation Based upon the Findings of Fact, Conclusions of Law, the evidence in the record and the demeanor and candor of the witnesses, it is, RECOMMENDED that the Commission enter a Final Order DISMISSING the Administrative Complaint filed herein as it pertains to the Respondent, Vicki Lynne Burke. Respectfully submitted and entered this 17th day of June, 1988, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 17th day of June, 1988. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 87-5435 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. Rulings on Proposed Findings of Fact Submitted by the Petitioner Rejected as being a conclusion of law. Adopted in Finding of Fact 1 and 2. Adopted in Finding of Fact 4. Adopted in Finding of Fact 5 with the exception of the date of August, 1985 which is rejected as not being supported by substantial competent evidence in the record. Adopted in Finding of Fact 7 with the exception of the amount of $41,808.88 which is rejected as not being supported by substantial competent evidence in the record. Adopted in Finding of Fact 7 but clarified. Adopted in Finding of Fact 7. Adopted in Finding of Fact 7 but clarified. Adopted in Finding of Fact 8. 10.. Adopted in Finding of Fact 8 with the exception of the closing date which is rejected as not being supported by substantial competent evidence in the record. Adopted in Finding of Fact 8. Rejected as immaterial and irrelevant. Adopted in Finding of Fact 12. Rejected as not being supported by substantial competent evidence in the record. Adopted in Finding of Fact 12 but clarified to show Respondent rather than Respondents. Adopted in Finding of Fact 12. Adopted in Finding of Fact 12 but clarified to show that only Respondent, Vicki Lynne Burke refused to vacate since Wagner was not residing on the premises. 18-19. Adopted in Finding of Fact 12 but clarified. Rulings on Proposed Findings of Fact Submitted by the Respondent Respondent did not have a paragraph numbered 1. Adopted in Finding of Fact 1 and 2. Adopted in Finding of Fact 5. Adopted in Finding of Fact 9. Adopted in Finding of Fact 6. Adopted in Finding of Fact 9. 7-8. Rejected as not being a Finding of Fact 9. Adopted in Finding of Fact 6 but clarified. 10-11. Adopted in Finding of Fact 8. Rejected as being immaterial and irrelevant. Rejected as not being supported by substantial competent in the record. Adopted in Finding of Fact 11 but clarified. Adopted in Finding of Fact 13. 16-19. Adopted in Finding of Fact 12. COPIES FURNISHED: James H. Gillis, Esquire Department of Professional Regulation, Division of Real Estate Post Office Box 1900 Orlando, Florida 32802 Vicki Lynne Burke, Pro Se 9039 Selph Road Lakeland, Florida 33809 Darlene F. Keller, Executive Director Division of Real Estate Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802
Recommendation Based upon the findings of fact and conclusions of law recited above, it is recommended that respondent's registration as a real estate broker be suspended for a period of seven (7) days. Respectfully submitted and entered this 3rd day of June, 1977, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Louis B. Guttmann III Staff Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Gerard L. Crawford Route L, Box 157 Feeport, Florida 32439 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DIVISION OF OCCUPATIONS DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA REAL ESTATE COMMISSION, An Agency of the State of Florida, Plaintiff, PROGRESS DOCKET NO. 2853 WALTON COUNTY vs. DOAH CASE NO. 76-1034 GERARD L. CRAWFORD, Defendant. /
Findings Of Fact Florida Real Estate Commission is a licensing and regulatory agency charged with the duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.30, Florida Statutes, and Chapters 120, 455 and 475, Florida Statutes, and their implementing rules. Respondent Louis Diabo is now and was at all times material hereto a licensed real estate broker holding license number 0146400. The last license issued was as a broker in limbo with a home address of Post Office Box 2386, Marathon, Florida 33050. On or about July 13, 1988, Ms. Diabo solicited and obtained a one (1) year exclusive right to sell agreement from Anthony and Milagros P. Bonachea, as owners, to sell vacant land located in the Florida Keys, further described as Lot 11, Block 16, Coco Plum Beach Subdivision. On or about March 13, 1989, Ms. Diabo solicited and obtained a contract for sale and purchase of Lot 11, Block 16, Coco Plum Beach Subdivision, between Duane W. Lewis and Helen F. Lewis, as buyers, and Anthony and Milagros P. Bonachea, as sellers, for a total price of $34,900. Ms. Diabo drafted the contract for sale and purchase. In its paragraph VII, "Restrictions, Easements, Limitations," the buyer accepted title subject to zoning, restrictions, prohibitions and other requirements imposed by governmental authority, but Ms. Diabo added that nothing would prevent use of the property for the purpose of "single family" housing. As a real estate professional and as the listing agent Ms. Diabo was aware that she was under a duty and an obligation to know the correct zoning, restrictions, prohibitions and other requirements imposed by governmental authorities on the property she listed for sale. She also knew that there was uncertainty about whether county development regulations under consideration might require the buyer to obtain transferrable development rights from other property owners in the Keys to build on the vacant lot being sold to Dwayne and Helen Lewis. Ms. Diabo owed Mr. and Mrs. Lewis a duty and they reasonably expected Ms. Diabo to inform them about governmental restrictions that might limit the use of the real property as a single family homesite. The transaction closed on or about April 7, 1989. Subsequent to closing, Mr. & Mrs. Lewis learned that they would have to purchase from $9,000 to $18,000 worth of transferable development rights (TDRs) in order to build on the vacant lot they bought through Ms. Diabo. Ms. Diabo had not explained to Mr. and Mrs. Lewis that they might be required to buy transferable development rights from another landowner to build on their lot, but there is no proof that such restrictions were effective at the time she dealt with the Lewises. There is no evidence in the record showing when the requirement to obtain transferrable development rights went into effect. As a consequence, it is not possible to determine whether Ms. Diabo failed to disclose to Mr. and Mrs. Lewis a zoning or use restriction in effect at the time of their purchase while she had asked Mr. Lewis to check on the zoning with the county building official, this did not relieve her of her own duty to investigate under Paragraph VII of the contract, and tell the purchasers of any limitations on building a single family home on the property. Petitioner failed to demonstrate, however, that any restrictions existed as of the time of the closing.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be issued and filed by the Florida Real Estate dismissing the Administrative Complaint DONE and ENTERED this 4th day of February, 1991, at Tallahassee, Florida. WILLIAM R. DORSEY, JR. 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 4th day of February, 1991. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 90-6140 All but proposed paragraph 12 have been accepted and used, with appropriate editing, in this Recommended Order. COPIES FURNISHED: James H. Gillis, Esquire Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, FL 32802-1900 Louise Diabo, pro se 3015 Seville Street Apartment 14 Fort Lauderdale, FL 33304 Darlene F. Keller, Division Director Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, FL 32802 Kenneth E. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792
