Lee v. State ex rel. Oklahoma Real Estate Commission

1973 OK 146, 516 P.2d 1342, 1973 Okla. LEXIS 480
CourtSupreme Court of Oklahoma
DecidedDecember 4, 1973
DocketNo. 46078
StatusPublished
Cited by1 cases

This text of 1973 OK 146 (Lee v. State ex rel. Oklahoma Real Estate Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. State ex rel. Oklahoma Real Estate Commission, 1973 OK 146, 516 P.2d 1342, 1973 Okla. LEXIS 480 (Okla. 1973).

Opinion

IRWIN, Justice:

Two complaints were filed with the Oklahoma Real Estate Commission (Commission) against a licensed real estate broker, William Everett Lee, Jr. (Lee). One complainant was Maxine Green (Seller) who had listed 160 acres of her property [1343]*1343for sale with Lee. The other complainants were Junior and Virginia Green (Greens), no relation to Seller, who purchased 80 acres of the listed property from Lee.

On September 18, 1970, the Commission’s hearing examiner conducted an investigative hearing on these complaints. Lee, together with the complainants and other witnesses appeared and gave testimony. Thereafter, a hearing was conducted before the Commission on November 5, 1970. The Commission entered its findings of fact and conclusions of law and held Lee’s conduct constituted untrustworthy and improper dealings within the meaning of subsection (h), Section 850 of the Oklahoma Real Estate License Act (59 O.S. 1971, § 831 et seq.), and suspended Lee’s real estate broker’s license for a period of four months. From this decision an appeal was lodged in the District Court and that Court affirmed the Commission’s decision. Thereafter, Lee appealed to this Court.

The record discloses that in the latter part of 1968 the Greens, who lived in Tulsa, contacted Lee, who lived in Beggs, and sought to purchase some property but none was suitable. The Greens informed Lee they would receive a substantial sum of money before long and they wanted to purchase land with it. On January 15, 1969, Seller gave Lee exclusive listing for three months on her 160 acre tract at a price of $200.00 per acre. Lee advertised the 160 acres in a Tulsa paper at $200.00 per acre and on February 15th the Greens looked at the land with Lee. The Greens did not desire 160 acres and Lee tried to sell them the west 80 acres at $225.00 per acre but would not price nor sell them the east 80 acres. They were not interested in the west 80 acres and no sale was consummated. On April 7th Lee prepared a contract to purchase the 160 acres with Thompson and Hamilton shown as purchasers. Thompson and Seller signed this contract but Hamilton refused to sign. On or about April 14th Lee advised Seller that since Hamilton refused to sign he would buy the east 80 acres for $200.00 per acre and Thompson would buy the west 80 acres at the same price. Lee verbally informed Thompson he would buy the east 80 acres himself and Thompson could have the west 80 acres. Lee did not substitute his name in the contract to purchase in place of Hamilton nor did Lee ever obligate himself in writing to purchase this 80 acres. Only Thompson appeared on the contract as purchaser of the full 160 acres. Shortly thereafter Lee contacted the Greens and informed them he owned the east 80 acres and on April 30th he executed a contract of sale with them on this land at $250.00 per acre. On May 17th Lee closed the sale of Seller’s 160 acres to Thompson and himself, collected his commission on the entire 160 acres and acquired his deed to the east 80 acres from Seller dated May 20, 1969. Sometime after the sale of Seller’s property to Thompson and Lee, Seller discovered that prior to its consummation, Lee had entered into a contract of sale with the Greens to sell the Greens the east 80 acres for $250.00 per acre. Lee conveyed the east 80 acres to the Greens in May, 1970.

In one of its Findings of Fact the Commission found:

“W. E. Lee, Jr. never attempted to get Maxine Green (Seller) to sell 80 acres for $200.00 per acre. Nor did he offer to Junior and Virginia Green (Greens) the opportunity to buy 80 acres for $200.00 an acre along with Matón L. Thompson. Knowing of Junior and Virginia Green’s interest in purchasing 80 acres, Mr. Lee purchased the 80 acres for $200.00 and turned right around and sold it to Junior and Virginia Green at $250.00 per acre and at the same time recouped all of his out of pocket expenses. In summary Mr. Lee made a full commission for selling the 80 acres, plus $50.00 per acre profit. At no time was he bound by written agreement to purchase the property.”

Lee first contends he was denied due process and cites Dodds v. Ward, Okl., 418 P.2d 629 wherein we said: “By due process of law is meant an orderly proceeding adapted to the nature of the case, before [1344]*1344tribunal having jurisdiction, which proceeds upon notice, with opportunity to be heard, with full power to grant relief.” Lee argues he received inadequate and insufficient notice, which is directed at the September 18th hearing. The basis of this argument is that at the September 18th hearing, which was an investigative hearing, it was discovered Lee had not received an exhibit attached to one complaint, which recited certain dates and conduct of Lee, such as that related above. Lee argues that § 851 of the Act, supra, plus the Commission’s rules, provide the broker shall receive a bill of particulars stating the facts which constitute the alleged violation at least ten days before the date of hearing; and that the omission of this exhibit constitutes inadequate and insufficient notice.

Lee admitted he received copies of the complaints, which reflected the particular portion of the statute he allegedly violated and that he was notified of the time and place of the hearing. More than ten days prior to the hearing before the Commission, Lee received a copy of the particular exhibit in question, a copy of the transcript of testimony from the September 18th hearing and notice of the time and place of the hearing before the Commission. Lee made no objections regarding notice at the hearing before the Commission.

Since Lee received the exhibit in question plus a transcript of the testimony taken at the September 18th hearing, which disclosed certain dates and Lee’s alleged objectionable conduct, plus notice of the time and place of the hearing before the Commission, we. conclude Lee was not denied due process of law.

Lee next argues the hearing on November 5th before the Commission was not full and complete. Lee asserts that some of the witnesses that testified at the September 18th hearing did not appear at the November 5th hearing; and that the Commission with its subpoena powers did not bring in these witnesses and their absence made the hearing incomplete and inadequate. Lee does not state how or if the absence of these witnesses prejudiced or prevented him from adequately presenting his defense to the complaints. The record of the November 5th hearing fails to disclose any objection by Lee regarding the absence of these witnesses. The record does disclose that the transcript of testimony taken at the September 18th hearing, which included the testimony of these absent witnesses, was made a part of the record at the November 5th hearing and was available to the Commission. We also note that in addition to the Commission’s, subpoena powers any party to such hearing shall have the right to the attendance of witnesses in his behalf upon designating the persons sought to be subpoenaed. See § 851 of the Act, supra. If Lee desired the presence of these particular witnesses he merely had to exercise the right granted him above. This contention may not be sustained.

Lee filed in the district court a motion for oral argument and to “take additional testimony as may be necessary to show irregularities in the proceedings before * * * ” the Commission.

The record does not reflect that oral argument was granted or that additional testimony was taken by the district court. Lee argues this constitutes error.

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Related

Lodes v. State Ex Rel. Oklahoma Real Estate Commission
1992 OK CIV APP 23 (Court of Civil Appeals of Oklahoma, 1992)

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Bluebook (online)
1973 OK 146, 516 P.2d 1342, 1973 Okla. LEXIS 480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-state-ex-rel-oklahoma-real-estate-commission-okla-1973.