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JAMES J. SHOBER v. COMMONWEALTH PENNSYLVANIA (10/06/81)

decided: October 6, 1981.

JAMES J. SHOBER, III, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE REAL ESTATE COMMISSION, RESPONDENT



Appeal from the Order of the State Real Estate Commission in case of In the Matter of the Suspension or Revocation of Real Estate License Number RB-027276-A, issued to James J. Shober, III, filed April 18, 1980.

COUNSEL

Anthony J. Lumbis, with him Robert G. Decker, for petitioner.

Joseph S. Rengert, Counsel, with him James J. Kutz, Chief Counsel, and David F. Phifer, General Counsel, for respondent.

Judges Mencer, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 62 Pa. Commw. Page 111]

James J. Shober III (Shober) has appealed here from the revocation of his real estate broker's license. The State Real Estate Commission (Commission) issued its revocation order on April 18, 1980. The Commission found violations by Shober of Section 10, subsection (a), paragraphs (5), (7), (11)(i), and (11)(v) of the Real Estate Broker's License Act (Act),*fn1 which provided:

[ 62 Pa. Commw. Page 112]

(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,

(5) Of any failure to account for, or to pay over, moneys belonging to others, which has come into his, her, or its possession arising out of a real estate transaction; or

(7) Of any act or conduct in connection with a real estate transaction which demonstrates incompetency, bad faith, or dishonesty;

(11) Of failure to comply with the following requirements:

(i) All deposits or other moneys accepted by every person, copartnership, corporation or association, holding a real estate broker's license under the provisions of this act, must be retained by such real estate broker pending consummation or termination of the transaction involved, and shall be accounted ...


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