RICHARD C. PAULINE, PETITIONER,
v.
CHARLES F. BORER AND THE FLORIDA REAL ESTATE COMMISSION, RESPONDENTS

Fla. 2d DCA | 1971-06-18
No. 71-101
PIERCE, C. J., and McNULTY, J., concur.
253 So. 2d 719 Florida District Court of Appeal, Second District (1971) Positive Treatment
Cited by 2 cases


Opinion of the Court
MANN, Judge.

MANN, Judge.

Pauline, as listing broker, was advised by a saleslady for another broker in a multiple listing system that their customer was willing to pay $32,000, or, if necessary, $33,000, for the property of Mr. and Mrs. Staples. Pauline’s saleslady had procured an offer of $30,000 and talked with Staples on the telephone. Pauline picked up the phone and talked with Staples but did not advise him of the higher offer although he knew of it. Staples sent a telegraphed acceptance of the $30,000 offer. These findings are supported by competent substantial evidence and support the suspension of *720Pauline’s license for one year. Pauline had a duty to disclose the higher offer. See Singer v. M. Grant Inc., Fla.App.1963, 151 So.2d 52; Anno., 7 A.L.R.3d 693.

Certiorari denied.

PIERCE, C. J., and McNULTY, J., concur.


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  • …McCAIN, Justice. By conflict certiorari proceedings, we have for review a decision of the Second District Court of Appeal (253 So. 2d 719) which essentially affirmed petitioner’s review of suspension of his real estate broker’s license by the respondent Florida Real Estate Commission. We have jurisdiction.1 Considering the record proper,2 i. e., findings by the examiner, final order…

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