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Moy v. Dept. of Registration & Education

OPINION FILED JUNE 4, 1980.

DAVID MOY, PLAINTIFF-APPELLEE,

v.

THE DEPARTMENT OF REGISTRATION AND EDUCATION ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. ARTHUR L. DUNNE, Judge, presiding.

MR. JUSTICE SIMON DELIVERED THE OPINION OF THE COURT:

In an administrative review proceeding commenced by plaintiff, David Moy, the circuit court reversed the revocation of plaintiff's real estate salesman's license by the defendant, the Illinois Department of Registration and Education (the Department). The issue presented in this appeal by the Department is whether plaintiff's connection with two real estate transactions violated the statutory provisions which the Department applied in this proceeding.

The two transactions occurred at a time Moy was between real estate jobs. He had been employed part time by Ideal Realty while teaching school. In December 1975 Moy notified Ideal Realty that he was terminating his employment, and the principal owner of Ideal immediately informed its other personnel that Moy was no longer associated with that company. Moy then made arrangements to go to work for another broker, Kaplan Realty. However, because Kaplan Realty failed to process Moy's exchange of employment application promptly with the Department, it was not dated until February 20, 1976.

While his exchange of employment application was being prepared by Kaplan Realty, Moy told that company that he was working on the two transactions; one of the transactions involved his sister and her husband, and the other, one of his teaching colleagues. The owner of Kaplan Realty told Moy he was not interested in either deal.

Walter H. Djokic, a lawyer and licensed real estate broker, testified at the administrative hearing that he was approached by another lawyer who was representing Moy's sister and brother-in-law as purchasers of real estate. Djokic testified that the lawyer advised him that Moy had asked the lawyer to close the transaction, and that it required a broker.

Djokic then met with Moy who told Djokic that his brother-in-law was purchasing the property in question and that he had left his employment with Ideal Realty; he requested Djokic to act as the broker in the deal. Djokic agreed provided Moy indemnified him against any claims that might be made by any other broker for a commission. When Djokic received the brokerage commission of $5,280, he retained $230 and paid the balance to Moy.

Within a few days the other lawyer and Moy spoke to Djokic about the transaction in which a fellow teacher of Moy's was the purchaser. This transaction was handled in the same manner, with Djokic identified as the broker. In this deal, Djokic retained $190 and paid the balance of the $4,100 commission to Moy.

Moy acknowledged that he never asked Djokic to be his sponsoring broker even though Djokic was identified as the broker in both contracts.

The complaint filed by the Department seeking the revocation of Moy's salesman's license charged that Moy listed Djokic as the broker on two real estate sales contracts when in fact Moy was never sponsored by Djokic. The only substantive finding the real estate examining committee of the Department made after a hearing was:

"THAT on January 26, 1976, and February 11, 1976 David Moy was involved as a salesman in two real estate transactions wherein Walter Djokic was listed as the broker of record when in truth and in fact at no time was David Moy sponsored by Walter Djokic."

The Department's director adopted the findings of the examining committee. In revoking the license the Department concluded that Moy had violated subsections 6 and 11 of section 15(e) of the Real Estate Brokers and Salesmen License Act (Ill. Rev. Stat. 1975, ch. 114 1/2, par. 115(e)), which provide:

"§ 15. The Department may refuse to issue or renew, may suspend or may revoke any certificate of registration for any one or any combination of the following causes:

(e) Where the registrant in performing or attempting to perform or pretending to perform any act as a real estate broker or salesman, or where such registrant, in handling his own property, whether ...


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