MELVIN M. LEWIS, FAY F. LEWIS, LARRY B. LEWIS, CINDY L. MORALES AND MELVIN M. LEWIS LICENSED REAL ESTATE BROKER, INC., APPELLANTS,
v.
STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, APPELLEE

Fla. 3d DCA | 1988-07-05
No. 87-2787
Before BASKIN and JORGENSON, JJ., and WARREN H. COBB, Associate Judge.
529 So. 2d 751 Florida District Court of Appeal, Third District (1988)

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Synopsis

A real estate broker appeals the denial of a commission for a failed mobile home park sale and the limited award of prejudgment interest and costs on a separate option sale, while appellees cross-appeal the option sale judgment.


Holding

The broker is entitled to a commission on the mobile home park sale because the seller's inability to proceed due to a due-on-sale clause, which the mortgagee was not obligated to enforce, did not negate the broker's right to a commission. The trial court's award for the option balance is affirmed, but the denial of prejudgment interest from an earlier date and costs is reversed.


Facts & Procedural History

The broker sued for a commission on a mobile home park sale that failed due to the seller's discovery of a due-on-sale clause, and for the balance of …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

After examining the entire record, including the hearing officer’s findings of fact and conclusions of law, we find that clear and convincing evidence existed to revoke the real estate licenses of all the appellants, pursuant to section 475.25 Florida Statutes (1987). Ferris v. Turlington, 510 So. 2d 292 (Fla.1987). The final order entered by the Florida Real Estate Commission is

AFFIRMED.


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