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BENFORD v. REAL ESTATE COMMISSION (03/05/73)

decided: March 5, 1973.

BENFORD
v.
REAL ESTATE COMMISSION



Appeal from the Order of the State Real Estate Commission in case of State Real Estate Commission v. Bryan Benford, Case No. 1746.

COUNSEL

Edward Rubin, with him Hamburg & Rubin, for appellant.

Steven Kachmar, Assistant Attorney General, with him J. Shane Creamer, Attorney General, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr., and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 8 Pa. Commw. Page 90]

The State Real Estate Commission by order dated April 18, 1972 revoked for an indefinite period appellant's license to practice as a real estate salesman.

Mr. Kenneth Grosse, a real estate broker who employed appellant as a licensed salesman, filed a complaint with the Commission.

In June of 1970, Mrs. Ordell Grosse, complainant's wife, discovered in the Montgomery County Legal Record that a suit had been instituted against appellant by the owner of a certain property which she knew was among her husband's accounts. Counsel informed Mrs.

[ 8 Pa. Commw. Page 91]

Grosse that an agreement of sale had been negotiated by appellant for the sale of the property for $450,000 without the knowledge of either herself or her husband, and that the suit filed in Montgomery County was based on the allegation that the appellant had misrepresented himself as a broker.

Mrs. Grosse subsequently reviewed the agreement of sale and discovered that the appellant was listed as the broker negotiating the sale when in fact he was merely a salesman. This, of course, would give him the entire commission on the sale of this property.

The agreement of sale dated April 29, 1970 also provided for a down payment of $10,000. Although the agreement called for a $10,000 down payment, $5,000 in cash was delivered to appellant and the balance was secured by a note. Appellant held the down payment without delivering it to the broker until June 18, 1970 when the prospective purchaser of the property retrieved the down money from the appellant and delivered it to Mr. Grosse.

The citation charges that the appellant violated Section 10(a) of the Real Estate Broker's License Act of May 1, 1929, P.L. 1216, as amended, 63 P.S. 440, subsections ...


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