Whitehead

This proceeding was brought in the superior court to review a decision of the Real Estate Commissioner revoking a real estate broker’s license.

The findings of misconduct were in substance that on two occasions the licensee had received a broker’s commission on a probate sale while concealing from the court the fact that the ostensible purchaser was his brother-in-law, and the real purchaser was a corporation in which he had an interest; and on one occasion he had ihade a false representation in an application for financing. The superior court heard the matter upon the administrative record, without further evidence, and made findings of fact describing the transactions substantially as the commissioner had found them, but the court concluded that the commissioner had erred in assuming that the licensee owed any fiduciary duty to the sellers in those probate, sales. The court therefore remanded the case to the commissioner for reconsideration of the penalty imposed. The commissioner has appealed from that judgment of the superior court.

The respondent licensee and others were charged by an accusation containing nine counts, but after the administrative hearing the…