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23. Fraud in Procurement of License

6 DOS 94 Matter of DOS v. Eagle Financial Services - motion to amend complaint; procedural due process; motion for severance; motion for stay of proceedings; adjournment; once issued, license is valid even if procured by fraud and voidable only in quasi-judicial proceeding; negotiating of mortgage loan requires real estate license; corporate licensee vicariously liable for conduct of unlicensed salesperson; failure to return and conversion of deposits

42 DOS 95 Matter of Hayes - applicant who was previously licensed fails to prove trustworthiness; convicted for sexual abuse, second degree (contact with a minor); material misstatement in application for license; evidence of character must establish reputation; no conditional license for commercial property only; unfavorable inference drawn from failure to call witnesses with knowledge about a material issue

120 DOS 98 Matter of DOS v. Resil -- due process; accounting to clients; deposits; ex parte hearing is permissible upon proof of proper service; notice of hearing may be served by sending it certified mail to the last known business address; violation of 19 NYCRR 175.1 and 175.2 for commingling broker’s and client’s funds and failure to account for trust funds; accepting deposit monies under pretext that it would be applied to purchase of real property and then applying it differently constitutes fraudulent practices; failure to pay judgment without showing an inability to do so is demonstration of untrustworthiness; salesperson’s licensed revoked; relicensure conditioned upon proof of satisfaction of judgment and return of deposit monies with interest

869 DOS 08 Matter of Pitts – broker; false claim of being member of bar; availing of license; failure of proof re: RPL §443 disclosure form; failure of proof of no escrow account; no jurisdiction over unlicensed individuals; revocation and fine of $5,775 with interest if reapply

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