Findings Of Fact Respondent is a licensed real estate salesman in the State of Florida, holding license 0443159. Respondent voluntarily placed her real estate salesman's license on inactive status on September 15, 1986. Her license was in inactive status at all times material hereto. Respondent, as owner, advertised for sale a house she owned at 3201 N.W. 100th Street, Miami, Florida. Gary Cooper visited the Respondent's property on November 11, 1987, in response to the Respondent's advertisement. Mr. Cooper agreed to buy the property during this visit. On November 11, 1987, Mr. Cooper and Respondent entered into a contract whereby Mr. Cooper agreed to buy the house owned by Respondent for $68,000.00. As required by the terms of their agreement, Mr. Cooper paid to Respondent the sum of $1,000.00 upon executing the contract. Respondent deposited these funds in her personal bank account. Respondent took the house off the market when she entered into the contract with Mr. Cooper. The contract signed by the parties on November 11, 1987, was a form contract, the terms of which were completed by Respondent. Respondent did not attempt to mislead or trick Mr. Cooper when she completed the terms of the contract. Respondent did not offer Mr. Cooper any advice and she did not try to pressure Mr. Cooper into signing the contract. Mr. Cooper read the contract before he signed it. Mr. Cooper had difficulty obtaining the financing he required to close on the transaction. As a result, Mr. Cooper could not close on December 15, 1987, the date set by the contract as the closing date. Respondent extended the closing date in an attempt to assist Mr. Cooper by giving him more time to obtain his financing. Toward the end of January of 1988, Respondent told Mr. Cooper that the deposit he had given was at risk if he could not get financing. Mr. Cooper did not respond to Respondent's telephone inquiries and did not get the financing he needed to close the transaction. Respondent was not responsible for Mr. Cooper's inability to get financing. In February of 1988, Respondent put her house back on the market. Respondent refused Mr. Cooper's subsequent demands for a refund of the deposit. Mr. Cooper brought a civil action against Respondent in Dade County Court seeking damages, costs and attorney's fees based on Respondent's refusal to refund the deposit. Following default by Respondent, a judgment was entered against Respondent and in favor of Mr. Cooper for damages, costs and attorney's fees in the total amount of $4,282.50. This judgment has been paid in full by Respondent. Respondent is attempting to set aside the default and the judgment entered as a consequence of the default.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is therefore RECOMMENDED that the Administrative Complaint filed against Respondent, Dawn Michelle Michaels, be dismissed. DONE and ENTERED this 22nd day of May, 1989, at Tallahassee, Florida. CLAUDE B. ARRINGTON 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 22nd day of May, 1989. COPIES FURNISHED: Arthur R. Shell, Jr., Esquire Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Neil F. Garfield, Esquire Suite 200 Envirwood Executive Plaza 5950 West Oakland Park Boulevard Lauderhill, Florida 33313 Kenneth E. Easley, General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Darlene F. Keller, Division Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact Upon consideration of the relevant oral and documentary evidence adduced at the hearing, the following pertinent facts are found: Respondent Charles Shane was formerly employed by IREC, Inc. (International Real Estate Consultants). His assigned duties were administrative in nature and included the performance of research and field work pertaining to appraisals. It was not one of his assigned duties to procure appraisals and his salary was not contingent upon the appraisals performed by IREC, Inc. By application dated January 22, 1973, respondent Shane applied to the Florida Real Estate Commission for registration as a real estate salesman. By certificate number 0117007, Shane was registered as a real estate salesman effective December 20, 1973. He is presently registered as a non-active salesman. By letter dated January 9, 1973, on IREC stationary, respondent Shane, signing as Vice President, wrote a letter to John R. Vereen stating that, upon acceptance by Vereen, IREC would conduct a market value appraisal of certain property for a compensation of $2,500.00. This letter bears the handwritten notation "cancelled with no liability 3/5/73." On March 5, 1973, respondent Shane, again signing as Vice President of IREC on IREC stationary, wrote a letter to Mr. Vereen stating "I will conduct a market value appraisal. . ." of the same property as that described in the January 9th letter for a compensation of $2,500.00. The checks in payment of this amount were made payable to respondent Shane individually and not to IREC, Inc. As indicated by Exhibits 6,7,10,11,12 and 13, appraisal reports were submitted to various entities on dates ranging from December 29, 1971, through March 20, 1973. The cover letters are each signed by respondent Shane as Vice- President and by one other person as "M.A.I. Consultant." These reports contain several pages concerning the qualifications of the appraiser. Respondent Shane's qualifications are included. Mr. Edward Waronker, who co-signed five of the six reports listed above, did not write or prepare the reports. It was Waronker's duty as an independent appraiser for IREC to inspect the property and review the appraisal reports prepared. A letter on IREC stationary dated July 23, 1974, from respondent Shane makes reference to a June 19, 1973, appraisal report. In such letter, Mr. Shane states "I have reviewed the referenced appraisal, which was conducted under my direction as of June 19, 1973." As noted above, respondent Shane did not appear at the hearing and therefore no evidence was offered in his behalf. A "petition for mitigation" was filed with the Real Estate Commission stating that respondent did not sign the appraisal reports with any intention of holding himself out as an appraiser or salesman. In summary, said petition states that respondent Shane signed these documents as the person of the corporation and not as a real estate appraiser or broker and that, had he been fully informed of the Florida real estate law, "he would not have continued in the manner that he did." Respondent Richard W. King has been registered with the Florida Real Estate Commission since 1957 and, prior to the instant complaint, has never been cited for a violation of the statutes, rules or regulations governing brokers or salesmen. Respondent King was employed with IREC, Inc. in June of 1973. According to the testimony, the registration of IREC and King was not approved by the Real Estate Commission until October of 1973. From the time that respondent King went to work with IREC, he had effective control and supervision of all appraisals performed by IREC. To King's knowledge, respondent Shane was never involved in the decision-making process surrounding appraisal work, and did not sign appraisal reports after June of 1973.
Recommendation Based upon the findings of fact and conclusions of law recite above, it is recommended that: the registration of respondent Charles Shane be suspended for a period of three (3) months; and the charges relating to respondent Richard King be dismissed. Respectfully submitted and entered this 10th day of September, 1976, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 ================================================================= AGENCY FINAL ORDER ================================================================= FLORIDA REAL ESTATE COMMISSION THOMAS M. MURRAY, Petitioner, vs. PROGRESS DOCKET NO. 2709 DADE COUNTY CHARLES SHANE, IREC, INC., CASE NO. 76-844 and RICHARD W. KING, Respondents. /
Findings Of Fact Since 1970 respondent Harold A. Hecklinger has been a stockholder in Farrell-Cheek Steel Company, a Delaware corporation with headquarters in Ohio. Respondent is on the board of directors of Farrell-Cheek Steel Company, is secretary of the corporation, and is the company's designated agent for service of process in Florida. Until 1973 or 1974, respondent was the only officer of Farrell-Cheek Steel Company in Florida. He is the general manager of Florida Diversified Properties, a division of Farrell-Cheek Steel Company. In this capacity, he manages Gulf Gate Mall, a shopping center in Sarasota, Florida, owned by Farrell-Cheek Steel Company. Respondent hires and supervises the mall employees, handles the mall's bills, collects rent from storekeepers and negotiates leases with storekeepers for space in the Gulf Gate Mall. He negotiated one such lease with Robert E. Peters, doing business as Koin Kleen Laundry; and another with Freedom Enterprise, Inc., doing business as Mr. Freedom-Boutique. On June 14, 1973, respondent submitted an application for registration as a real estate salesman to petitioner. The application consisted of a form supplied by petitioner and filled out by respondent. A certified copy came in evidence as petitioner's exhibit No. 1. Question No. 12(a) has been omitted from petitioner's exhibit No. 1, but presumably asks the applicant to list business addresses and employment for the five years next preceding the filing of the application. Respondent's answer to question No. 12(a) does appear on petitioner's exhibit No. 1 and reads, in part, as follows: Sarasota Post Office Box 2440 Florida 1972-73 General Mgr. Florida Diversified Properties Question No. 18(a), which respondent answered with the word "No," reads, as follows: Have you, in this state, operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate broker, within one year next prior to the filing of this application? Question No. 18(b), which respondent answered with the word "No," reads, as follows: Have you, in this state, operated, attempted to operate, or held yourself out as being entitled to operate, as a real estate salesman, within one year next prior to the filing of this application without then being the holder of a valid current registration certificate authorizing you to do so? Respondent has an excellent reputation for truth and veracity. In filling out his application form, he intended to answer each question truthfully.
Recommendation For the foregoing reasons, it is RECOMMENDED: That the administrative complaint be dismissed. DONE and ENTERED this 27th day of June, 1977, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Mr. Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Daniel A. Carlton, Esquire Post Office Box 3979 Sarasota, Florida 33578
Findings Of Fact At all times relative to the issues presented herein, Respondent, Nick A. Amorginos, was a licensed real estate broker in the State of Florida under Florida license number 001406. On June 27, 1984, he was found guilty in the Circuit Court of Marion County, in case number 83-227-CF-B-Z, based on his plea of nolo contendere of the offense of bookmaking and was thereafter placed on probation for a period of 18 months. As part of the conditions of probation, Respondent was ordered to pay $5,000.00 as investigative costs to the Ocala Police Department Law Enforcement Trust Fund. Notwithstanding his conviction of bookmaking, Respondent has a reputation in and around his community of being fair, honest, and informed in both his personal and business dealings. Such individuals as the Mayor of Tarpon Springs, Florida, the City Manager of Tarpon Springs, the priest of St. Nicholas Greek Orthodox Cathedral in Tarpon Springs, and others who have known him for an extended period of time concur in that analysis. His business associates such as a mortgage broker, a consulting engineer, employees, and those who have retained him to represent them in real estate transactions concur indicating confidence in his professional ability and personal integrity even though they, or some of them, are aware of the charge of which he has been found guilty. Other real estate brokers and professionals in other disciplines such as pharmacy and insurance agree.
Findings Of Fact The parties' pre-hearing stipulation filed on July 18, 1986, establishes the following: Respondent Charles A. Alario Sr. is now and was at all times material hereto a licensed real estate broker in Florida having been issue license number 0229080. Respondent Real Estate Services Unlimited, Inc. is now and was at all times material hereto a cor- poration licensed as a real estate broker in Florida having been issued license number 0209707. Respondent Real Estate Services Unlimited, Inc.'s broker license is currently "in limbo". At all times material hereto, Respondent Alario was officer of and qualifying broker for Respondent Real Estate Services, Inc. [sic] That a judgement was entered on December 14, 1984. That the judgement has not been satisfied. That the Respondents failed to maintain $37,000.00 of the money or any part thereof in their real estate brokerage trust account without the prior knowledge or consent of Rider, Opitz and Seale Realty, Inc. [This sub-paragraph reflects the parties' amendment on the record at hearing. T-24,2.5] Phyllis Bell was a real estate salesperson at Rider and Opitz, Inc. [previously called Rider, Opitz and Seale] from January 1979 through August 1980. (T-19). In early 1980, Ms. Bell had some dealings with Charles Alario and made some arrangements for a meeting regarding the listing of Palm Island, a property located in Charlotte County. (T-32-34) Charles Alario and Real Estate Services Unlimited represented a group of persons interested in purchasing this property. (T 31,32) On June 19, 1980, an agreement for sale and purchase of Palm Island was entered between Palm Island Partners, Ltd., seller, and Buck Creek Development Corporation, buyer. (Respondent's exhibit #8) Respondents did not have a co-buyer agreement with Rider and Opitz nor with Ms. Bell. (T-20,40,41) Charles Alario offered Phyllis Bell a referral fee to be paid to her broker of record. (T-41, Respondents' exhibit #6) This offer was refused and Rider, Opitz and Seale Realty demanded half the Palm Island sales commission: $145,100.00. (T-18,20,21, Respondent's exhibits #1 and #9) Rider, Opitz and Seale filed a civil action for the commission in 1982. Defendants were Real Estate Services Unlimited, Inc., Charles A. Alario and Knight Island Associates, Limited. (T-17, Petitioner's exhibits #4 and 5) A judgement was entered on December 14, 1984, dismissing Charles A. Alario and confirming the jury verdict of $37,000.00 against Real Estate Services, Unlimited, Inc. (Petitioner's exhibit #6) Real Estate Services Unlimited, Inc. has lawsuits for commissions against Buck Creek Development Corporation, whom it represented in sales other than the Palm Island parcel, and against Knight Island Associates, to whom the Palm Island contract for sale and purchase was assigned. (T-52-54)
