7 DOS 00 DOS v. Flagship Marketing Group - availing
of license; failure to cooperate with DOS investigation; jurisdiction; proper business practices; ex parte hearing may proceed upon proof
of proper service; DOS retains jurisdiction over party not licensed at the time
of the hearing where, at that time the complaint was served, the party was (i) licensed, (ii) an applicant for a license or renewal, or (iii) was eligible to automatically renew; salesperson is prohibited both from owning, directly or indirectly, singly or jointly, any shares
of voting stock in and from being an officer
of any licensed real estate brokerage corporation with which the salesperson is associated; representative real estate broker availed the
corporate broker license to an associated salesperson where the
office was operated by the salesperson without the direct supervision
of the representative broker and the salesperson conducted business as a broker for his own benefit; representative real estate broker engaged in fraud by availing the
corporate real estate broker license to a salesperson; representative broker's availing
of corporate broker's license for which the
corporate broker is vicariously liable; failure to provide business records constitutes failure to cooperate with DOS investigation; DOS fails to establish fraud, ignorance or negligence is not sufficient to prove mistake;
pressure, regardless
of how severe, is not undue influence; restitution denied where funds sought were received by an entity not named or charged in the complaint;
corporate broker fined $ 3,000.00, representative broker's license revoked and fined $ 3,000.00 and salesperson fined $ 5,000.00