Findings Of Fact On or about January 13, 1986, the Petitioner submitted an application to take the real estate salesman's test offered by the Florida Real Estate Commission. This application was received in the offices of the Division of Real Estate on January 15, 1986. Paragraph six on the application form asks: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld?" Respondent answered "yes" to this question and included the details as follows: "October 3, 1979, West Palm Beach, possession of cocaine, 10 years probation." Court documents reveal that on May 22, 1980, the Petitioner entered a plea of guilty to the charge of possession of cocaine with intent to sell, was found guilty by the court, and was placed on 10 years probation with imposition of sentence withheld. Though there is a slight conflict in dates between that stated by Petitioner and that on the court record, this is accounted for by the former being date of arrest and the latter being date of conviction. The inconsistency is immaterial. Paragraph 11 of the application form asks in pari materia, "(a) Have you, in this state, filed any application for licensure which was denied? If so, state when denied." In response to this question, Petitioner indicated in the affirmative to the issue of whether his licensure was denied and explained that his application for a mortgage solicitor's license was denied by the Department of Finance in 1980 when he failed to disclose arrests in Connecticut when he was 15 and 16 years old. Records maintained by the FBI reveal that on October 8, 1974, he was arrested on a charge of disorderly conduct, was convicted, and was sentenced to 15 days suspended (confinement) and a fine of $75.00. On November 13, 1974, he was arrested on a charge of burglary, larceny, and criminal mischief for which court disposition was unknown because he was a youthful offender. On March 20, 1975, he was arrested on a charge of criminal mischief but the charge was dismissed. On April 4, 1975, he was arrested on a charge of possession of marijuana and a charge of possession of a controlled drug. In each case, he was convicted and sentenced to 30 days suspended (confinement) and 9 months probation. On January 23, 1977, he was arrested for possession of marijuana and possession of a controlled drug, was convicted on the marijuana charge, and was fined $75.00. Charges were dismissed on the other charge. On February 8, 1978, he was arrested on a charge of criminal mischief but the charge was dismissed and not prosecuted. All of "the above arrests and dispositions took place in Newington, Connecticut. On October 3, 1979, Petitioner was arrested in West Palm Beach, Florida, on a charge of trafficking in cocaine and possession of marijuana. He was placed on 10 years probation and this is the offense referred to in Petitioner's answer to question 6. On July 27, 1985, Petitioner was arrested in Lake Worth, Florida, on a charge of sexual assault on a child but charges were dismissed when the complainant failed to show up at the hearing and could not thereafter be found. Notwithstanding the dismissal, a description of the charge was referred to the Florida Real estate Commission by the county. Respondent was born on August 28, 1958, and is at the present time 28 years old. At the time of the arrests in Connecticut, he was 16 to 20 years old. At the time of the cocaine arrest in 1979, he was 21. He has not been convicted of anything since that time and his ten year probation for cocaine conviction was terminated by the Circuit Court three years early on the basis that he had been successfully rehabilitated and further probation was no longer necessary. When Petitioner initially applied for licensure as a mortgage solicitor, he failed to list the juvenile arrests and convictions on the application for that license and when the background investigation was conducted and these arrests and convictions were made known, his license was denied by the Department of Insurance. When he contacted officials of the department, he was told that his failure to list these juvenile arrests and convictions as the basis for denial. After discussion of the situation with them, in which he was advised of the need to fully disclose all relevant factors, he submitted a new complete application and the license was granted. Petitioner claims he has been guilt-free since his conviction in 1980 for the cocaine offense. The subsequent arrests for shoplifting and lewd assault did not result in a conviction in either case. The armed robbery arrest in 1980 was based on the confession of another individual in Connecticut who implicated him in his own confession. The arrest of the confessor took place in Connecticut which attempted to extradite Petitioner from Florida. He was arrested and confined pending extradition for four months, but after hearing, at which it appeared Petitioner had a complete alibi, the extradition action was dismissed. The Commission's denial of licensure to this Petitioner was based on his conviction for possession of cocaine and for his failure to disclose his juvenile convictions in his application for the mortgage solicitor's license. Petitioner does not deny his cocaine conviction but relies on the fact that it took place when he was 21 years old. He has pleaded guilty and has paid a substantial price for his misconduct since that time. Petitioner readily admits the failure to disclose the juvenile convictions on the earlier application, but points out that they were juvenile offenses that took place many years previously; that most had resulted in no charge or suspended sentences; and that he did not realize it was necessary to list juvenile conviction about which he believed the court records were sealed. He admits he was in error and realizes now the need to make full disclosure especially in those areas where the question of integrity is paramount. Petitioner asserts he is not a thief, a child abuser, or a homosexual. He readily admits that he has made several mistakes in his lifetime, but contends that over the past seven years he has maintained a good work record with no disciplinary involvements. He has, over these years, been in the mortgage brokerage business and has even managed several offices. He has never been dishonest and has never stolen. The offenses of which he is guilty in no case related to either larceny or theft and he urges that the fact that he has been terminated from probation three years early, demonstrates his rehabilitation and trustworthiness. Petitioner failed to call any independent witnesses to support his contentions of good character instead relying on his own testimony and his resume, nor were there any submissions of written testimonials. On the other hand, Respondent failed to show any indication of continued bad character or adjudged instances of improper behavior and lack of rehabilitation.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore; RECOMMENDED that Petitioner, Joseph L. Edgerton, be permitted to sit for the Florida Real Estate Salesman Examination. RECOMMENDED in Tallahassee, Florida this 10th day of November, 1986. ARNOLD H. POLLOCK 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 10th day of November, 1986. COPIES FURNISHED: Joseph L. Edgerton 3868 Victoria Drive West Palm Beach, Florida 33406 Joyous D. Parrish, Esquire Assistant Attorney General, Suite 212 400 West Robinson Street Orlando, Florida 32801 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Wings S. Benton, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Harold Huff, Executive Director Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact Respondent, on March 14, 1974, filed his application for registration as a real estate salesman with the Florida Real Estate Commission. The application was approved and he received his registration on July 8, 1974, and has been continuously registered with the Commission since that time (Petitioner's Exhibit 1.) In the Application for Registration, Question 9 and Respondent's answer thereto were as follows: 9. Have you ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation, including traffic offenses, without regard to whether sentence has been passed or served, or whether the verdict or judgment has been reversed or set aside or not, or pardon or parole granted? Yes If yes, state details in full Traffic offenses: see attached sheet, one misdemeanor, City of North Miami Beach, Case 23855. (Petitioner's Exhibit 1,2). On August 17, 1973, Respondent was arrested in Dade County, Florida, and charged with the possession and sale of cocaine in violation of Section 893.13(1)(a), F.S. On May 31, 1974, Respondent was acquitted in the Circuit Court of the Eleventh Judicial Circuit of Florida, In and for Dade County, of the charge of sale or delivery of a controlled substance. In the same court, on July 12, 1974, he was found guilty of the charge of possession of a controlled substance, but adjudication of guilt was withheld and Respondent was placed on probation for a period of three years. (Petitioner's Exhibits 3, 4, 5, 6.) Petitioner testified that he had filed a prior application for registration as a real estate salesman in 1972 which was not approved because he did not pass the written examination. In 1974, he secured a blank application form which he gave to his father, Hal Sehres, to have typed for him. When it was prepared, he scanned it without reading it thoroughly and, since it seemed to be the same as his first application, he signed it and his father thereafter dispatched it to the Commission. The father testified that he had given the blank application to his secretary, along with the 1972 application, and asked her to type it. He also provided her with minor changes in address and information concerning the misdemeanor offense which had not occurred at the time the 1972 application had been executed. Although the father testified that he was aware his son had been arrested in 1973 for the sale and possession of cocaine, and that he meant to include it as part of the answer to Question 9, he knew that at that time disposition had not yet been made of the charge, and therefore, believed it was an honest mistake that he had not included it on the application.
Recommendation That the registration of Irving Paul Sehres as a real estate salesman be revoked, pursuant to Section 475.25(2), Florida Statutes. DONE AND ENTERED this 11th day of February 1976 in Tallahassee, Florida. THOMAS C. OLDHAM 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 11th day of February 1976. COPIES FURNISHED: Louis B. Guttman, III, Esquire 2699 Lee Road Winter Park, Florida 32789 Seymour Silverman, Esquire 420 Lincoln Road Miami Beach, Florida 33139
The Issue Whether the Petitioner's application for licensure should be approved, pursuant to Chapter 475, Florida Statutes.
Findings Of Fact In an attempt to practice a profession at which she anticipates success and to provide for herself and her son, Petitioner applied for licensure as a real estate salesman on July 28, 1988. Petitioner successfully completed the licensure examination on her first attempt. Subsequently, Respondent denied her licensure based on her conviction of conspiracy to import marijuana. In 1985, Ms. Cepada was convicted of conspiracy to import a controlled substance, marijuana, and served her sentence without disciplinary problems. While in prison, Ms. Cepada worked as a teacher aide assisting Spanish speaking prisoners to earn their graduate equivalency degree. After having served two years of her five year sentence, she was released. Since her release, Ms. Cepada has been employed in trustworthy and responsible positions, having served as a clerk in a perfume store and with an insurance company. She is also active in her church and participates in a church sponsored program which provides counselling for prisoners. After licensure, Ms. Cepada has been assured a position with a licensed real estate broker. Through these experiences, Ms. Cepada has exhibited good conduct and has established a good reputation in the community. Further, sufficient time has elapsed since her conviction to test and demonstrate these traits as well as those of trustworthiness, honesty and truthfulness.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application for licensure of Sonia Cepada be GRANTED. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of June 1989. JANE C. HAYMAN 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 5th day of June, 1989. COPIES FURNISHED: Marilyn Capo, Esquire 780 North West Le Jeune Road Suite 504 Miami, Florida 33433 Manuel E. Oliver, Esquire Assistant Attorney General 400 West Robinson Street Suite 212 Orlando, Florida 32801 Darlene F. Keller, Director Division of Real Estate Department of Professional Regulation 400 West Robinson Street Orlando, Florida 32801 =================================================================
Findings Of Fact In January, 1985, Petitioner was convicted of thirteen felony counts involving 12 fraudulent applications for FHA and VA loans, obstruction of justice, add failure to report income for federal income tax purposes. For the counts involving a conspiracy to defraud agencies of the federal government in connection with loan applications, obstruction of justice, and falsifying an income tax return, Petitioner received a sentence of two years. This sentence was later modified, and Petitioner was given five years' probation for all counts. Petitioner's probation ends in about two years. The criminal acts concerning the loan applications were done in order to assist a real estate brokerage firm in Illinois owned by Petitioner and his wife, who was also named in the indictment, to sell homes with VA and FHA guaranteed and insured financing. Petitioner was convicted of knowingly causing the making of loan applications showing inflated purchase prices and nonexistent gifts as sources of downpayments. The net effect of these practices was to leave the mortgage lender undersecured. On or about November 2, 1987, Petitioner submitted an application for licensure as a real estate salesman. In his application, he disclosed the above felony convictions, the revocation of his Illinois real estate broker's license which took place as a result of the convictions, and the denial of an earlier application for Florida licensure as a real estate salesman which denial was due to his convictions and the revocation of his Illinois broker's license. By letter filed December 2, 1987, Respondent notified Petitioner that his application for licensure as a real estate salesman had been denied because he failed to meet the requirements that he be "honest, truthful, trustworthy, and of good character, and shall have a good reputation for fair dealing." The letter cited as reasons for this determination the same reasons cited in the earlier denial plus a recommended order filed on July 27, 1987, in DOAH Case No. 87-2018, in which it was recommended that the application be denied. Although Petitioner has not regained his Illinois real estate broker's license, he received an Illinois real estate salesman's license in the fall of 1986. Since his conviction, Petitioner has taken various educational programs useful in the real estate business. On March 17, 1987, Petitioner graduated with a Bachelor of Science degree in Business Administration from California Coast University. On November 1, 1987, Petitioner completed the Florida Real Estate Commission Course #1 sponsored by the Gold Coast School of Real Estate. By letter dated November 30, 1987, L. Edward Holmes, a licensed real estate broker, notified Respondent that he was willing to supervise personally Petitioner if he were granted a license. By letter dated March 10, 1987, V. A. Indovina, M.D., who is staff psychiatrist with the DuPage County (Illinois) Health Department, notified Respondent that he (or she) felt that Petitioner has learned the consequences of his past behavior and will not engage in illegal behavior in the future. On or about November 24, 1987, Petitioner applied for a Florida contractor's license with the Construction Industry Licensing Board. He clearly disclosed his convictions in the application. Shortly prior to the hearing, the Construction Industry Licensing Board informed Petitioner that he was eligible to take the next contractor's examination. Respondent entered a final order on August 19, 1987, adopting the recommended order of June 17, 1987, in DOAH Case No. 87-2018, and denying Respondent's earlier application for licensure as a real estate salesman.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered denying the application of Petitioner for licensure as a real estate salesman. DONE and RECOMMENDED this 10th day of May, 1988, in Tallahassee, Florida. ROBERT E. MEALE 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 10th day of May, 1988. COPIES FURNISHED TO: LAWRENCE S. GENDZIER, ESQUIRE ASSISTANT ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS 400 WEST ROBINSON STREET ROOM 212 ORLANDO, FLORIDA 32801 ROGER WOZNIAK 14 HICKORY HILL ROAD TEQUESTA, FLORIDA 33469 DARLENE F. KELLER EXECUTIVE DIRECTOR FLORIDA REAL ESTATE COMMISSION POST OFFICE BOX 1900 400 WEST ROBINSON STREET ORLANDO, FLORIDA 32801 WILLIAM O'NEIL GENERAL COUNSEL DEPARTMENT OF PROFESSIONAL REGULATION 130 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-0750
Findings Of Fact Petitioner is a regulatory agency of the State of Florida charged with the responsibility of investigating and processing applications for licensure of real estate salesmen in the State of Florida. On February 20, 1989, Petitioner filed an application with Respondent seeking licensure in the State of Florida as a real estate salesman. Question 7 of the application form required Petitioner to disclose whether he had ever been convicted of a crime, had been found guilty of a crime, or had entered a plea of guilty or nolo contendere to a crime. The question explicitly applied to any violation of the laws of any municipality, county, state or nation, including traffic offenses (except parking, speeding, inspection, or traffic signal violations), without regard to whether the applicant had been placed on probation, had had adjudication withheld, had been paroled, or had been pardoned. Petitioner disclosed the following violations of law in his handwritten response to Question 7: In 1985, attempted possession of cocaine less than 1 gram for which he received 60 days probation; In 1985, disorderly intoxication for which he received three months probation; In 1985, speeding for which he received a fine; In 1985, vandalism for which no disposition was shown; In 1986, violation of probation for which no disposition was shown, and In 1986, possession of a stolen automobile tag for which he received two years probation. Petitioner failed to disclose the following violations of law in his response to question 7: In 1977, sexual battery for which he was placed on five years probation; In 1980, violation of probation; and In 1980, driving under the influence of alcohol for which he received six months probation and a fine of $100. Petitioner knew that he had committed the undisclosed offenses and he knew that he had not listed the undisclosed offenses in response to question 7. Petitioner could not justify his failure to list the undisclosed violations in his response to question 7. Respondent's denial of Petitioner's application was based on the violations of law disclosed by Petitioner, on the violations of law Petitioner failed to disclose, and on the failure of Petitioner to disclose violations of law. Following the denial of his application, Petitioner timely requested a formal hearing. This proceeding followed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Department of Professional Regulation, Florida Real Estate Commission, enter a final order which denies Petitioner's application for licensure as a real estate salesman in the State of Florida. DONE and ORDERED this 28th day of September, 1989, in Tallahassee, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-3180 The following rulings are made on the proposed findings of fact contained in the Proposed Recommended Order submitted by Respondent: The proposed findings of fact of paragraphs 1-3 are accepted. The proposed findings of fact of paragraph 4 that the charge of sexual battery was reduced to attempted sexual battery is rejected because there was no evidence that the charge was reduced. The remaining proposed findings of fact in paragraph 4 are accepted. The proposed findings in paragraph 5 are rejected as being recitation of testimony and as being subordinate to the findings made in paragraph 6 of the Recommended Order. The proposed findings of paragraph 6 are accepted as part of the Preliminary Statement of the Recommended Order, but they are rejected as findings of fact as being unnecessary to the result reached. COPIES FURNISHED: Jack P. Hardin 722 Fernwood Drive West Palm Beach, Florida 32801 Manuel E. Oliver, Esquire Assistant Attorney General Suite 212, 400 West Robinson Orlando, Florida 33405 Kenneth E. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Darlene F. Keller, Division Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact While in Puerto Rico, in 1971, the Respondent was charged with violation of Article 29, Drug and Narcotics Law, which charges were brought in the Superior Court of Puerto Rico, Court of Aguadilla. These case numbers were information numbers, G-71-54 and G-71-55. These charges were made on March 9, 1971 for alleged offenses which were committed on February 16, 1971. The information which shows these case numbers can be found in Petitioner's Exhibit "D", admitted into evidence. On March 10, 1971, the Respondent was found guilty of the offenses charged in cases G-71-54 and G-71-55. The record shows that in case no. G-71-54, the Respondent was convicted by a judgement entered on March 10, 1971. On April 14, 1971, in case number G-71-54 and case number G-71-55 the Superior Court, of Puerto Rico, Court of Aguadilla, sentenced the Respondent to a term of five to eight years in prison by confinement at hard labor, which sentences were suspended. By such suspension, the Respondent was committed to the legal custody of the court until the expiration of the maximum term of the sentence under certain general conditions for the Respondent's conduct, and was given a special condition that he contact the Florida Parole and Probation Commission, District Office, at Room 180, Courthouse, Ft. Lauderdale, Florida. The judgement in case number G-71-54 and the conditions of sentence may be found in Petitioner's Exhibit "F", admitted into evidence. The judgement in case number G-71-55 may be found in Petitioner's Exhibit "E" admitted into evidence. On September 16, 1973, the Respondent completed an application for registration as a real estate salesman with the Florida Real Estate Commission, which application was completed under oath. Within that application for registration is found a question number "9". This question reads as follows: "9. Have you ever been arrested for or charged with the commission of an offense against the laws of any municipality, state or nation including traffic offenses, without regard to whether sentence has been passed or served, or whether the verdict or judgement has been reversed or set aside or not, or pardon or parole granted?" to which the Respondent replied, "yes". Question nine further stated, "if yes state details in full", to which the Respondent replied, "(see attached statement)". The attachment spoken of is found in the Petitioner's Exhibit "C", and this attachment sets forth the Respondent's explanation of his answer to the initial part of question nine. Subsequent to the completion of the form the Respondent was registered with the Florida Real Estate Commission as a real estate salesman, from February 21, 1974 through March 31, 1975. From May 8, 1975, up to, and including March 31, 1975, the Respondent has been accepted as a registrant, non-active real estate salesman.
Recommendation It is recommended that the Respondent be released from accountability under the charge found in the subject administrative complaint. DONE and ENTERED this 20th day of July, 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: Louis B. Guttmann, III, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Charles Lawrence Ross 3789 Southwest 41st Street Hollywood, Florida 33023
The Issue The issues in this case are as follow: Did Respondent violate Section 475.25(1)(b), Florida Statutes, by representing to Laverne Hahn that he would rent his house to her if she sold her house, representing to Ms. Hahn that he would deliver certain papers to her attorney, and representing to Ms. Hahn that the closing on her house would not occur until after February 15, 1981? Did Respondent violate Section 475.25(1)(d), Florida Statutes, by failing to deliver survey, abstract and title insurance policy documents to Ms. Hahn or her attorney?
Findings Of Fact At all times relevant hereto, the Respondent, Allan R. Heuton, held real estate salesman license #0313305 Assued by the Board of Real Estate (now Florida Real Estate Commission). At all times relevant hereto, Respondent was registered as a salesman with Hugh Anderson Real Estate, Inc., at 2631 East Oakland Park Boulevard, Fort Lauderdale, Florida 33339. Respondent listed with his employer, Hugh Anderson Real Estate, Inc., Laverne Hahn's offer to sell her residence and advised Ms. Hahn at that time that upon the sale of her residence she could rent his residence for a period of six months at the rate of $300 per month. In reliance on Respondent's statement, Ms. Hahn proceeded to sell her residence and made no other arrangements for a place to live, expecting to move into Respondent's house upon closing as per their agreement. (Petitioner's Exhibit 2, Pages 5 and 8.) Respondent testified to the events surrounding the transaction which gave rise to the Administrative Complaint. The Board presented the deposition of Ms. Hahn taken in Lakeland, Florida. Respondent admitted that he had advised Ms. Hahn it was not unusual to have closings delayed 60 days, and did offer and stood ready to rent his house to Ms. Hahn. Respondent testified that he did not recall picking up any documents from Ms. Hahn, but that had he done so it was his normal business practice to immediately deliver the documents to the attorney handling the closing. Ms. Hahn's deposition reflects that she could not locate the Respondent although she attempted to contact him through his broker's office. This was the reason she could not rent his house. Respondent testified that Ms. Hahn never asked to rent his house. Respondent testified that on January 14, 1981, the day after his birthday, he was suddenly taken ill and had to have emergency surgery in the early morning hours of that day. Respondent's testimony was corroborated by the testimony of Sheilah Kirk, who testified that she visited Respondent in the hospital on January 14 or 15, 1981, and that he was recovering from surgery at that time. Respondent testified that he was hospitalized for more than one week. Respondent testified that he was visited by the manager of the brokerage office for which he worked. It is hardly credible that Ms. Hahn could not find a man who was sick in a hospital for more than one week and whose whereabouts were known to his brokerage office. Wherefore, the Hearing Officer disregards the deponent's testimony and accepts the Respondent's testimony as the more credible concerning the rental of his house Ms. Hahn's deposition reflects that Respondent told her she would not have to move out until February of 1981. Respondent admits he told Ms. Hahn that closings were frequently delayed 60 days or more. The contract for sale originally provided for closing on December 29, 1980, a time which was changed to January 15, 1981, by persons unknown on a date unknown. The contract was signed by Ms. Hahn, who is presumed to have known its terms. Notwithstanding Respondent's statements as to delayed closings, Ms. Hahn had no basis for using such statement as a basis for planning in light of the contract which she signed. Again, Respondent's testimony is deemed to be more credible in light of the closing date provided in the contract for sale. A further conflict exists between Ms. Hahn's deposition and Respondent's testimony regarding the allegation that Respondent picked up certain documents from her but failed to deliver them. Respondent's statement that he had no recollection of the events, but that his regular practice was to deliver such documents immediately, and that since the time in question he has not discovered any such documents in his papers, is deemed credible.
Recommendation Having found that the allegations against the Respondent, Allan R. Heuton, were not proven, it is recommended that the Administrative Complaint against Respondent be dismissed. DONE and ORDERED this 22nd day of July, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of July, 1982. COPIES FURNISHED: Bruce D. Lamb, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Allan R. Heuton 6891 Forrest Street Hollywood, Florida 33024 C. B. Stafford, Executive Director Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Samuel Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact At all times material to the charges, respondent was a licensed real estate salesman, on inactive status, holding license no. 0330793., and residing in Lake Worth, Florida. In early October, 1983, Jack Barlage entered the offices of Colony Real Estate in Lake Worth, Florida. He was a builder and looking for acreage to purchase. Joyce Adams, a real estate salesman with Colony Real Estate, met with him and, two or three days later, showed him a 5.207 acre tract of land in sunny Urban Meadows, an unrecorded subdivision located west of Loxahatchee, Florida. He expressed an interest in the property; she told him that the owner, Richard Moore, might be willing to sell it. A day or two later, Mr. Barlage called Ms. Adams and asked if she would call owner Moore and obtain a purchase price. She responded that she would not get a commission from selling the property and that he should deal with "Leon," who would be able to contact Mr. Moore, the owner. A day or two later, Ms. Adams introduced Mr. Barlage to "Leon," who was Leon Dennis, respondent's husband--the original developer of Sunny Urban Meadows. This meeting took place at a nearby coffee shop in Royal Palm Beach, called Sandy's. John Adams, Ms. Adams' husband and a real estate salesman, was also present. Respondent did not attend this meeting and there is no evidence that she was, at this point in time, involved in the transaction. This coffee shop meeting was Ms. Adams' last contact with Mr. Barlage, and she had no further involvement in this real estate transaction. A contract for "purchase and sale" of the Sunny Urban Meadows tract was prepared at this meeting and signed by Mr. Barlage, the prospective purchaser. Leon Dennis, respondent's husband, retrieved the form "purchase and sale" contract from his car, returned to the coffee shop, and completed it in the presence of the others. He filled in the terms, including a $28,000 purchase price. He arrived at this figure based on her knowledge of current land values in the area. The form "Brokerage Fee" provision on the bottom of the contract, however, was not filled in; no sales commission was indicated and no broker identified. Mr. Dennis told purchaser Barlage that he would have the contract presented to owner Moore. At that time, Mr. Barlage had not yet had any contacts with respondent, Mr. Dennis's wife. Mr. Dennis, with the help of a relative who was a close friend of Mr. Moore's, then had the contract delivered to Mr. Moore, in Punta Gorda, Florida. Approximately a week earlier, respondent had telephoned Mr. Moore, asking if he wanted to sell the subject property. At that time, a sales commission was not discussed; neither did she represent that she was a licensed real estate salesman or broker. But when the original contract was subsequently delivered to him by Mr. Moore's relative, the "Brokerage Fee" provision had been completed, providing for payment of ten percent of the gross price or $2,800 to Pat Dennis, the respondent. Her name was hand printed above the line labeled, "Name of Broker." Upon receiving the contract and discovering the sales commission, Mr. Moore telephoned respondent and told her that he would not pay a ten percent commission--he said he would agree only to a six percent commission, to be split between her and his own real estate brokerage firm. He also told her that if those terms were not acceptable to her, he "would go ahead and do it without her and give-her her money after the deal was done." (TR-21) Mr. Moore then arranged to meet directly with Mr. Barlage, the prospective purchaser. On October 9, 1983, Mr. Barlage drove to Punta Gorda and met Mr. Moore in a hospital parking lot to finalize the contract. Mr. Moore, noting the "Brokerage Fee" provision, said "Who are these people?" and "Well, I'll take care of them," or words to that effect, (TR-10). He then drew a line crossing out the "Brokerage Fee" provision and initialed it. He then told Mr. Barlage he wanted to do a credit check; one or two days later, he called Mr. Barlage and told him he was going to accept the contract. It was at that time, on or about October 9, 1983, that Mr. Moore executed the contract as seller. For reasons not material, the contract of sale was never carried out by the parties. Mr. Barlage unilaterally cancelled the contract. When Mr. Moore called him to inquire about the $500 earnest money deposit, which the contract had indicated was held by "Stewart Title," Mr. Moore learned that a deposit had not been received by Stewart Title; in fact, Mr. Barlage had made no deposit at all. There is conflicting testimony as to whether respondent ever communicated with Mr. Moore concerning this real estate transaction. Respondent denies any direct involvement. Her denial is rejected and the testimony of Mr. Moore, who had no discernible bias or motive to falsify, is accepted as persuasive.
Recommendation Based on the foregoing, it is RECOMMENDED: That respondent's license as a Florida real estate salesman be revoked for violating Section 475.25(1)(a) and (b) and 475.42(1)(b), Florida Statutes, in the manner described above. DONE and ORDERED this 25th day of February, 1985, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of February, 1985. COPIES FURNISHED: Fred Langford, Esquire Division of Real Estate 400 West Robinson Street Orlando, Florida 32802 Richard McClain, Esquire 6167 Haddon Road West Palm Beach, Florida 33409
