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STATE REAL ESTATE COMMISSION v. TICE. (04/18/63)

April 18, 1963

STATE REAL ESTATE COMMISSION, APPELLANT,
v.
TICE.



Appeal, No. 16, March T., 1963, from order of Court of Common Pleas of Dauphin County, No. 440 Commonwealth Docket, 1961, in case of State Real Estate Commission of Commonwealth of Pennsylvania v. Howard Tice. Order reversed.

COUNSEL

Morris J. Dean, Deputy Attorney General, with him Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

Richard R. Lefever, with him Samuel A. Schreckengaust, Jr., and McNees, Wallace & Nurick, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Ervin

[ 200 Pa. Super. Page 554]

OPINION BY ERVIN, J.

This is an appeal from the order of the court below setting aside a revocation by the State Real Estate Commission of appellee's real estate broker's license.

[ 200 Pa. Super. Page 555]

The commission found that the appellee, Tice, in arranging the sale of his own property, was guilty of violating § 10(a, 1) of the Real Estate Brokers License Act of May 1, 1929, P.L. 1216, as amended, 63 PS § 440, in that he was guilty of knowingly making substantial misrepresentations; and also of subsection (7) in that he was guilty of acts or conduct in connection with a real estate transaction which demonstrated incompetency, bad faith or dishonesty.

Tice drew up a sales agreement dated October 5, 1956 covering a newly constructed residence in the Easton area, which he and his wife agreed to sell to John W. Bartron and Florence P. Bartron, his wife, for the sum of $14,700.00. The agreement also provided for a down payment of $1,200.00 on the signing of the agreement and a further sum of $1,800.00 in cash on or before November 5, 1956. The balance of $11,700.00 was to be covered by an FHA mortgage for a period of thirty years. The Bartrons also agreed to pay the further sum of $300.00 on account of settlement costs. The agreement also provided that possession was to be given when the down payment of $3,000.00 had been made. Notwithstanding the agreement, the Bartrons were permitted to go into possession immediately upon paying the $1,200.00 and signing the agreement of sale.

The parties agreed that the Bartrons were to pay $100.00 a month for eight months. Tice agreed to loan the Bartrons the remaining $1,000.00 of the down payment and to cover settlement costs on the security of a judgment note, which he took from the Bartrons in the sum of $2,000.00. The Bartrons had advised Tice that they had only $1,200.00 cash for the down payment. Tice advised the Bartrons that would be sufficient to enable them to make the purchase.

Tice sought to obtain the FHA insured mortgage provided for in the agreement ...


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