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JAMES LEROY LEACH v. STATE REAL ESTATE COMMISSION (07/15/76)

decided: July 15, 1976.

JAMES LEROY LEACH, APPELLANT
v.
STATE REAL ESTATE COMMISSION, APPELLEE



Appeal from the Order of the State Real Estate Commission in case of In the Matter of the Suspension or Revocation of Real Estate Broker's License No. 22664, Issued to James Leroy Leach, dated November 24, 1975.

COUNSEL

Thomas P. Cole, II, with him Boyle, Boyle & Cole, for appellant.

Jeffrey G. Cokin, Deputy Attorney General, for appellee.

President Judge Bowman and Judges Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 25 Pa. Commw. Page 475]

James Leroy Leach (appellant) brings this appeal to contest the suspension of his real estate broker's license for a period of 6 months. The State Real Estate Commission (Commission) issued its suspension order on November 24, 1975, after hearings held following a complaint filed by Mr. and Mrs. Donald Sherred (complainants), charging appellant with misconduct in regard to two related real estate transactions.

The Commission cited appellant for violations of Section 10, subsection (a), paragraphs (1), (2), (5), (7), (11)(i), and (11)(iii) of the Real Estate Broker's License Act*fn1 (Act). The Commission found violations of paragraphs (1), (2), (7), and (11)(i), which provide:

"(a) The commission may, upon its own motion, and shall, promptly, upon the verified complaint in writing of any person setting forth specifically the wrongful act or acts complained of, investigate any action or business transaction of any licensed real estate broker or real estate salesman; and shall have the power temporarily to suspend or permanently to revoke licenses theretofore issued by the department, under the provisions of this act, at any time when, after due proceedings as hereinafter provided, it shall find the holder thereof to have been guilty

"(1) Of knowingly making any substantial misrepresentation; or

[ 25 Pa. Commw. Page 476]

"(2) Of knowingly making any false promise of a character likely to influence, persuade or induce; or

"(7) Of any act or conduct in connection with a real estate transaction which demonstrates ...


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