Appeal to the Court of Common Pleas of Dauphin County from the Adjudication and Order of the Pennsylvania Real Estate Commission in case of Pennsylvania State Real Estate Commission v. Nicholas C. O'Data. Appeal transferred September 1, 1970 to the Commonwealth Court of Pennsylvania.
Bruce E. Cooper, with him Cooper, Friedman and Friedman, for appellant.
Steven Kachmar, Commission Counsel, with him John P. Fernsler, Deputy Attorney General, and Fred Speaker, Attorney General, for appellee.
Judges Kramer, Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.
This is an appeal by Nicholas C. O'Data, appellant, from an order of the State Real Estate Commission, dated May 22, 1969, revoking his real estate broker's license.
On October 29, 1968, the Commission issued a citation and notice of hearing which were served on the appellant. The charges in the citation were that appellant (1) permitted his license to expire on February 28, 1964, without obtaining a renewal thereof; (2) carries on his business as a real estate broker at 1917 Saw Mill Run Boulevard, Pittsburgh, Pennsylvania, without having a license to do so; and (3) carries on his business as a real estate broker under the names of South Hills Realty Co., Real Estate Co. of Penna., John Adams Co., Amsterdam Mortgage Co., and Amsterdam Agency, without having a license issued under said names.
The citation further alleged that said charges formed the basis for the conclusion that appellant had violated Section 9(a) and Section 10(a), Subsections (3), (6) and (13) of the Real Estate Brokers License Act of May 1, 1929, P.L. 1216, as amended, 63 P.S. § 431 et seq., hereinafter called the Act.
Section 9(c) provides that any violation of the provisions of Section 9 by any licensee shall be sufficient cause for the suspension or revocation of his license, the penalty to be within the discretion of the Commission.
Section 9(a) provides, inter alia: "Every person . . . shall be required to have and maintain a definite place of business . . . where the certificate of registration and the current biennial renewal card shall be prominently displayed. The said place of business shall be specified in the application for license, . . . and no license issued under the authority of this act shall authorize the licensee to transact business from any office other than that designated in the license . . ."
Section 10(a) provides that the Commission shall, after due proceedings, have the power to suspend or revoke a broker's license when it shall find the holder thereof to have been guilty, inter alia: "(3) Of a continued or flagrant course of misrepresentation or making of false promises through agents or salesmen; or . . . (6) Of any misleading or untruthful advertising; or . . . (13) Of failure to truthfully disclose information sought in the application for license."
After a hearing before the Commission, in accordance with Section 10(b) of the Act, the Commission made sixteen findings of fact, all of which are supported by substantial competent evidence. See State Real ...