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COMMONWEALTH PENNSYLVANIA v. A. WILLIAM VILLEI AND JAMES V. MAIALE (08/02/76)

decided: August 2, 1976.

COMMONWEALTH OF PENNSYLVANIA, STATE REAL ESTATE COMMISSION AND EDWARD W. ROBINSON, JR., COMMISSIONER, DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS
v.
A. WILLIAM VILLEI AND JAMES V. MAIALE, APPELLANTS



Appeal from the Order of the State Real Estate Commission in case of In the Matter of the Suspension or Revocation of Real Estate Brokers' License No. 24315 issued to A. William Villei, and Real Estate Salesman's License No. 63409 issued to James V. Maiale.

COUNSEL

Harry N. Moran, Jr., with him Francis and Moran, for appellants.

William J. Wheeler, Jr., Assistant Attorney General, with him Robert P. Kane, Attorney General, for appellees.

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

Author: Wilkinson

[ 25 Pa. Commw. Page 643]

The appellants appeal from an order of the State Real Estate Commission which suspended appellant Maiale's license as a real estate salesman for a period of 3 months and the appellant Villei's license as a real estate broker for a period of 9 months. Both periods of suspension were to begin 30 days after November 24, 1975, the date of the order. Appellant Villei obtained a supersedeas, but appellant Maiale did not. Able counsel for appellants brought to the court's attention at oral argument that his client Maiale had served his period of suspension and forthrightedly acknowledged that as to him this appeal is now moot.

[ 25 Pa. Commw. Page 644]

With regard to appellant Villei the sole factual issue is whether this record contains evidence to support the Commission's finding that he distributed down money held by him in escrow under an agreement of sale before the consummation or termination of the agreement which did not involve a dispute between the parties to the transaction.

The essential objective facts of the case as they relate to appellant Villei are not in dispute. He represented the seller. The buyer, complainant before the Commission, had his attorney write to appellant Villei on June 19, 1973, as follows:

"Yesterday I received a call from my client concerning the condition of the property which was to be sold under the agreement of sale negotiated through your office. According to the information supplied by the surveyor, there has been a substantial misrepresentation by your salesman concerning the location of the lines on the property. Apparently Mr. DiBello was told that the property line ran along some trees which were located behind a small storage shed. He was also told that the storage shed was included in his property. A survey has apparently been completed and results indicate that neither the shed nor the trees are within the legal description. It also appears that there were other misrepresentations. Accordingly, it does not appear to me there is any alternative but to request that the down money deposited with you be refunded to Mr. DiBello. If for any reason you are unwilling to refund the down payment, you are requested to withhold the funds in accordance with the provision of the broker's law requiring you to retain down payments in the case of a dispute.

"Please review this matter with Mr. DeStefano and with your salesman so that a prompt resolution can be accomplished. Thanks for your cooperation!"

[ 25 Pa. Commw. Page 645]

On June 21, 1973, appellant Villei wrote the ...


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