Carl Goudas and Marilyn Goudas - Page 6

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          company for which petitioner worked as a broker;3 $600,000 to be            
          deposited in escrow; and $4.1 million, to be paid from the                  
          proceeds of a first mortgage nonrecourse loan to be obtained by             
          Coastal from Canada Life Assurance Co. (Canada Life).  The $4.1             
          million amount of the mortgage loan was the maximum that Canada             
          Life was willing to lend on the security of the Mall, based on              
          Canada Life's valuation of the Mall at approximately $5.5 million           
          and use of a 75-percent maximum loan-to-value ratio.                        
               Also on December 17, 1987, petitioner, using a preprinted              
          HGM commission agreement form, wrote a commission agreement                 
          between Pecaris and HGM for payment by Pecaris of $100,000 to HGM           
          for effecting the sale of the Mall from Pecaris to Coastal.  The            
          commission agreement authorized "ESCROW AGENT * * * by                      
          irrevocable assignment, to disburse to HGM HILLTOP, REALTORS a              
          check in the amount of $100,000.00".  Petitioner signed this                
          agreement as a partner of Pecaris; the HGM signature line was               
          left blank.                                                                 
               Petitioner, as partner in both Coastal and Pecaris, was on             
          both sides of the negotiation of the purchase agreement and the             
          fixing of the purchase price.  Messrs. Boyas and Spillas and                
          petitioner signed the purchase agreement on behalf of Pecaris,              


          3There is no evidence in the record that the earnest money                  
          was ever placed in escrow or any indication of the nature or                
          extent of the ownership or employment relationship between                  
          petitioner and HGM.                                                         




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