STATE OF FLORIDA : “2D. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA [ION- 9 FLORIDA REAL ESTATE COMMISSION NA FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. FDBPR Case N° 98-80346 PAUL G. REYNOLDS, 0 O- O 3B 50D Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Paul G. Reynolds (hereinafter "Respondent") and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 0596424 in accordance with Chapter 475, Fla. Stat. 3. The last license issued was as a broker %J & P Empire Group, Inc.. 232 Pedro Street, Venice, Florida 34285. +. At all times material hereto, from January 11. 1994 through June 5. 1996. Respondent, FDBPR Case N° 98-80346 aul Reynolds FDBPR VS J. P e Complaint Administrativ! Paul Reynolds was licensed as a real estate salesperson in the State of Florida. Certification of iicensure 1s attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint, Exhibit |. 5, 1996, Respondent anuary 11, 1994 through June 5. Atall times material hereto, from J n trading as RE/MAX was registered with The Crowley Group, Inc., 4 broker corporatio pondent s employing broker. Properties (RE/Max), Res pondent drafted a contract for t! about November 27, 1995, Res he purchase and known as 4007/4009 Bell Av BPR, dated February 23, 1998, 6, Onor enue, Sarasota, Florida, sale of a certain real property commonly from a certain buyer, Paulette Flaherty. Copy of letter to the D from Melinda A. Delpech, attorney for Respondent, referencing and attaching the contract and incorporated herein, and made @ part hereof by reference copy of the contract are attached hereto, as Administrative Complaint Composite Exhibit 2. dences that the parties had agre 300 (N inety-Three Hundred ed that the escrow agent for the earnest 7. The contract evi Dollars) was to be money non-refundable deposit in the amount of $9 the seller, W. Bryant. jected the money in his own s of the Contract, Respondent col g. Contrary to the term erein. and made a part hereof b name. Copy of check is attached hereto. incorporated h ry reference as Administrative Complaint Exhibit 3. iter to the DBPR from his attomey, Melinda Delpech, 9. Respondent admits, via le FDBPR vs J. Faul Reynolds FDBPR Case N° 98-80346 Administrative Complaint dated February 23, 1998: “The buyers[sic] were entitled to retain the $9,300.00 non-refundable deposit, which had been made payable to Mr. Reynolds. Mr. Reynolds used this money to pay a roofer ... and to pay taxes.” Refer to Administrative Complaint Composite Exhibit 2. 10. Respondent claims he had an interest in the property, but has failed to provide ‘competent evidence of such interest. 11. Chapter 475.42(1)(b), F: Ja. Stat.. states: “No person licensed as a salesperson shall operate as a broker or operate as a salesperson for any person not registered as her or his employer.” 11. Chapter 475.01(3), Fla. Stat. states: ‘Operate’. . . shall be deemed to mean the commission of one or more acts described in (chapter 475, Fla. State.],... as constituting or defining a broker, broker-salesperson, or salesperson, not including, however, any of the exceptions stated therein.” 12. Chapter 475.01(1), Fla. Stat., states, in pertinent part: Salesperson’ means a person who performs any act specified in the definition of ‘broker,’ but who performs such act under the direction, control, or management of another person ” (emphasis added). 13. Chapter 475.01(1)(k), Fla. Stat., states, in pertinent part: ‘Broker’ means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business 3 Nw ZDBPR vs J- paul Reynolds FDBPR Case we. 38-80346 Admin2strative Complaint opportunities or any real property or any interest in OF concerning the same, including mineral rights or leases, or who advertises oF holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, OF renting business enterprises OF pusiness opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises OF business opportunities or the real property of another, or leases, OT interest therein, including mineral rights. or who directs or assists in the procuring of prospects OF in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, OF is promised any compensation oF valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. A broker renders @ professional service and is a professional within the meaning of s. 95.11(4)(a)- 14. Respondent negotiated a real estate transaction for “another,” 2 seller/owner of the certain property and a buyer, without processing the transaction through his proker of record. COUNT I Based upon the foregoing, Respondent is guilty of having operated as @ proker without being the holder of a valid and current license as a broker in violation of § 475.42(1)(a); Fla. Stat. and, therefore. in violation of § 475.25(1)(e), Fla. Stat. COUNT I Based upon the foregoing, the Respondent is guilty of having collected money in connection with a real estate brokerage transaction in his own name without the express consent of the employer in violation of § 475.42(1)(d), Fla. Stat. and, therefore, in violation of § 475.25(1)(e), F la. Stat. FDBPR vs J. Paul Reynolds FDBPR Case N° 98-80346 Administrative Complaint COUNT It Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in a business transaction in violation of § 475.25(1)(0); Fla. Stat., and, therefore, §475.25(1)@), Fla. Stat. COUNT IV Based upon the foregoing, Respondent is guilty of failure to immediately place with the registered employer a deposit entrusted to him as agent of the registered employer in violation of Fla. Admin. Code r. 61J2-14.009 and § 475.25(1)(k), Fla. Stat. and, therefore, in violation of § 475.25(1)(@), Fla. Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance ofa reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee. registrant or permitee to complete and pass additional real estate education courses, 5 FDBPR vs J. Paul Reynolds FDBPR Case N° 98-80346 Administrative Complaint publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit: suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs: issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication, restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 6152-24.001, Fla. Admin. Code. SIGNED this Lo ay of L-bbor , 1999. "4 Pend, > : D \epartment of Bukiness and~ : mS Professional Regulation : By: Herbert S. Fecker, Jr. Director, Division of Real Estate le FDBPR vs J. Paul Reynolds FDBPR Case N° 98-80346 Administrative Complaint ATTORNEY FOR PETITIONER Nancy P. Campiglia Florida Bar N° 164259 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX NPC/k PCP: HF/JR 10/99 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file au Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) davs of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an 7 FDBPR vs J. Paul Reynoids FDBPR Case N° 98-80346 Administrative Complaint appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. Oe oS) STATE OF FLORIDA cay, ‘4 Lawton Chiles Governor ’ pficnere © Farrel! TO: CHRISTINE RYALL. SENIOR ATTORNEY FROM: JANICE A. STUCKEY, REGULATORY SUPERVISOR AS SUBJECT: PAUL REYNOLDS DATE: MARCH 19, 1998 in necoraance witn vour E-Mail dated March if. i396. enciosecd riease find re tne above subjectisi DIVISION OF REAL ESTATE Hurston North Tower 400 West Robinson Street» Orianao, Fiortda 3239; -1~~> Telephone (497) 245-0800 DEPARTMENT OF BUSINESS AND PROFESSIONAL 4p REGULA TION Ve VU STATE OF FLORID! DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL TION Lawton Chiles Richara T. Farrell Governor Secretary CERTIFICATION 1. HENRY M. SOLARES. AS DIRECTOR OF THE DIVISION OF REAL ESTATE. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. ACCORDING TO THE FILES AND RECORDS MAINTAINED BY THE RECORDS SECTION WHICH ARE WITHIN MY CUSTODY AND CONTROL, HEREBY CERTIFY: csr i Oo if) m > a iva E 169) vs it, 2994 through June =. active broker corporation trading as Realty located at 2OC Nortr Tamiami Trail. 34285: thet from lertemcer OD. LSS" snreust Iertember OS. LEST ne was 2 broker-salesperscrn in agsocristion witn =: 2 Empire rour inc. that from Sertemner 3 i907 through tne present he nas been a orcker-officer cf Realty Executives cr Venice Ine & broker corporation locates 2+ 232 Pedro Street - Venice. Florida 24235 ° elt & ckey. Recon a | DIVISION OF REAL ESTATE Hurston Nortn Tower 400 West Robinson Street Orlanao, Fiortda 32801-1772 Telephone (407) 245-0800 Ce VU B oo 69 fs 5 f LAW OFFICES OF CMs sevens ROBERT P. WATROUS & ASSOCIATES, CHARTERED Atyy FT . MYERS-BIS 27 S. ORANGE AVENUE, SUITE 3, ")'; Loe SARASOTA, FLORIDA 34236 Robert P. Watrous ‘ (941) 953-9771 Melinda A. Delpech * Fax (941) 953-9426 « -also admitted North Carolina Bar February 23. 1998 Marjorie G. Bennett Department of Business and Professional Regulation Bureau of Investigative Services 2295 Victoria Avenue. Suite 263 Fort Myers. Florida 33901 RE: Paul G. Reynolds DBPR Case No. 98-80346 Dear Marge: I am writing in response to William Bryant's letter to DBPR dated January 25. 1998. I understand that you have already met with Mr. Reynolds and are familiar with the factual background of this situation. Therefore. [ will not run through all of the details. When we spoke on the telephone last week. you indicated that the only issues raised in Mr. Brvant’s complaint which merit investigation by DBPR are: (1) did Mr. Reynolds have an ownership interest in the Bell Avenue property; and (2) if not. was the contract for sale done through a licensed broker. The remainder of this letter will present evidence establishing Mr. Reynolds’ ownership of the Bell Avenue property. Since he was an owner. DBPR’s second concern is moot. By way of background. Mr. Reynolds and Mr. Bryant have had a long-term triendship and real estate investment relationship that began in Canada over ten years ago. They bought and sold numerous pieces of property together. Essentially. they had an unwritten partnership agreement whereby the parties invested. rented and sold real property Recently. their relationship began to sour and Mr. Bryant is now attempting to deny the existence of the long- term partnership and investment relationship. Before filing his DBPR complaint. Mir. Bryant wrote a letter to Mr. Reynolds wherein he characterizes certain investments as “loans.” and demands repayment of $150.C00.00 worth of oid “loans” dating back to 1987. (.\ copy of his letter dated November 22. 1997 is attached hereto as Exhibit A.) When Mr. Reynoids refused to acknowledge the “loans.” \fr. Bryant filed this DBPR complaint. [t would appear that that Mr. Bryant may be using the DBPR as leverage in an attempt to exact money from Mr. Reynolds. The Bell Avenue property was purchased in coniunction with two other pieces oF property’ 1708 Nebraska Avenue avid a vacant lor in Lynnwood Park. fhe purchases were 0 — ————— Cee VU structured so that Bell and Nebraska were purchased with ten per cent down ($4,027.84 on Bell and $9.954.39 on Nebraska). The down payments were made from the proceeds of a mortgage taken against the vacant lot for $14,250.00. All three properties were purchased from the same seller. James Wallace. Essentially, Mr. Wallace “gave Mr. Bryant and Mr. Reynolds the vacant lot in exchange for them meeting his purchase price on the Bell and Nebraska properties. The bank was willing to loan the $14.250.00 against the lot. which the buyers used to make the down payments on the other two properties. The only out-of-pocket expenses for the buyers on any of these properties were the $100.00 per property earnest money. Mr. Reynolds made these payments. Mr. Reynolds also made all mortgage payments with the proceeds of the rent from Bell and Nebraska. Attached hereto as composite Exhibit B are copies of the following: closing statements for the purchase of Bell, Nebraska and the vacant lot; the agreement to apply the proceeds from the vacant to Bell and Nebraska: and Mr. Reynolds’ three checks for the earnest money on each property. The Bell Avenue property was purchased for use as a rental. Since Mr. Bryant did not live locally, Mr. Reynolds agreed to be primarily responsible for collecting the rent. paving the mortgage and maintaining the property. Attached as Exhibit C are copies of checks written by Mr. Reynolds for repair and maintenance, as well as mortgage payments. (Note, the Bell property was managed jointly with another investment rental owned by Mr. Bryant and Mr. Beil on Nebraska Street. The attached records overlap to some extent with the Nebraska property.) Mr. Reynolds was acting in his capacity as owner of the property when he collected the rents and expended money on maintenance and repair. He was not a “managing agent” as Mr. Bryant suggests. He neither received nor expected any financial remuneration for his services other than the expectation of increasing his return on the eventual sale of the property. Mr. Reynolds found a buyer for the Bell Avenue property in November of 1997. The buyer. Paulette Flaherty, entered into a Contract for Sale. which was also executed by Mr. Bryant, as title owner. On the face of the contract. in paragraph 16, all parties acknowledged that Paul Reynolds had an ownership interest in the property. A copy of the Contract for Sale is attached hereto as Exhibit D. Furthermore. in response to the DBPR complaint. Ms. Flaherty made a written statement on February 4. 1998 declaring the following: “Please be advised that upon reviewing Bell & Nebraska, and eventually doing a contract on Bell that Paul [Reynolds] and Sandy [Bryant] were the owners of the properties.” The original statement from Ms. Flaherty is attached hereto as Exhibit D. Unfortunately, the saie under the Flaherty contract did not go through. The buyers were entitled to retain the $9,300.00 non-refundable earnest money deposit. which had been made payable to Mr. Reynolds. Mr. Reynolds used this money to pay a roofer for work pertormed (Tay Williams. $500.00). and to pay taxes on both Nebraska and Bell ($1.245.12 and $1.063.63. respectively). The remaining sum of $6.491.25 was split evenly between the two partners as evidenced by Mr. Reynolds’ check to Mr. Bryant for $3.245.63 dated November 28. 1997. Copies of Ms. Flaherty’s check. Mr. Reynolds accounting with supporting documents. and Mr. Reynolds’ check to Mr. Bryant are all attached hereto as composite Exhibit E. I believe that the foregoing clearly establishes that Mr. Reynoids and Mr. Bryant were co- owners of the property. If you have any questions regarding the ownership issue or any of the UU U documents enclosed in this package, please call me to discuss them. Because Mr. Reynolds was an owner of the property. the Flaherty contract was properly entered into without the use of a broker. If there are any additional issues raised in Mr. Bryant's complaints which you feel merit discussion. please let me know and I will put together another package for you. I look forward to hearing from you and resolving this matter as expeditiously as possible. Sincerely, et . Leg” ° es A | ALL * ae Melinda A. Delpech ce: Client : . . BUYER'S INITIALS . Ss MER'S INITIALS ™sn coheed roved by the Sarasota REALTOR® Attorney Joint Com: “fhe SARASOTA BOARD UF REALTORS®, INC/SARASOTA COUNTY BAR ASSO! iG NC. Coninacr ron 64L0 OF NEAL. ESTATE _ 8 St eT onan Poet Anse ‘ as “KERS using BROKER and Cooperating BROKER Ss ee an “g Agent Cooperating Agent: ae see Fax: Phone: Fe ZROW AGENT im 2 Ane ‘A Licensed Reat Estate Broker or Anommey,-" wt Yara VER vereby rarest buy from ‘SELLER and SELLER cerees 1 sell t© BUYER Se propeny and improvements (ccated “AV Gye 7/26 bbl Pu «GALA ELTPY County, Figrida, legally desctibed as: SM pe > “TETHER WITH the following personal property (if tavs fg Yn am ty ON THE FOLLOWING TERMS AND_COND! ONS ashE. ite! 4d ¢ - NOW ~ = ny - s_ 7 foo" Eamest Money Deposic in U.S. funds, 10 be paid lo BREROWKOENT. uw. Bayt val s Additional Earnest Money Deposit, In U.S. funds, to be paid to ESCROW AGENT within____dtys after the date wis Contract is accepted by BUYER and SELLER (the “Contract Date"). $ Existing Mortgnge: See Optional Provisions “A* and °C” and General Condition 8. $s New Mortgage: See Optional Provisions “pt and "C*, Note and Mortgage t9 SELLER: See Optional Provision “D°. SB iad “_ Galance to Close, n U.S. funds, certified or cashier's check only; See Generai Condition &. [%) OCD. 20" Sunt Purchase Price. (BG, AVY i \ “ CROW AGENT acknowiedges receiot of the Eamest Money Deposit afd agrees to hold il and any ‘Additional Eamest Money Deposits in escrow pursuant ‘the terms of cnis Contract. A. checks are sucvect lo c:earance, «ude insurance commitment and peiicy covering the croperty 19 the amount of the Full Purchase Price shall be obtained anc paid for by {i L SELLER wiii credit $ a ‘owara we Ue insurance premium. 1 Except as othemwlse provided herein, this saie shall be closed and the deed, note and mortgage, bill of sale, deposits and monies shail be delivered on ee | Dity jf 197, SELLER shall deliver possession of the property to BUYER on closing. 2 “ if this Contract Is not accepted by BUYER and SELLER on or before My 20 7S, all deposits shall be retumed to BUYER and thy Contract snail be of no cifect. A facsimile copy of this Contract and any ‘amenaments hereto, and any signatures thereon, snail be considered for ail ourposes as originals. OPTIONAL PROVISIONS UNISTING \ BUYER'S obligations are contingent uoon BUYER'S procuring the written approval of the existing mortgage lender for MORTGAGE mortgage by BUYER at the prevaring assumption rate. BUYER shail make application for the epproval within the Contract Date. ONTINGENCY BUYER shail pay tne costs of assuming ne memgage. BUYER may terminate this Contract and receive a retum ‘deposits sf BUYER has not Seen able lo obtain the soproval by 19 and notifies SELLER or SELLER'S. ‘of that fact in writing by nat date. tion of the NEW B BUYER'S obligations are contingent uson BUYER'S procuring a writen commitment, subject to customary closing contingencies, for a mon MORTGAGE rage loan from wiencing insitution for $. BUYER shall m: Dolication for the loan within ___ ays of the ONTINGENCY Zonuact Date. SUYER may terminate Unis Conyact and receive # rerum of all deposits if BUYER has not been able to coun Le Commiament yD and notifies SELLER, LER'S agent of that fact in wrung by that date. SAILURE TO © OTIFY TYER shail be deemed to have waived the above contingenc ‘BUYER fails to (a) diligently pursue the approval or commitment cromouly Sumish credit ang other informauon recuired by the Lend ‘d fully cooperate with the Lender, or (b) notify SELLER or SELLER'S agent in writing by the appricable date set forn ah election to terminate this Contract, SATE AND 7 TUYER shail execute and deliver to SELLERS note and mortgage on the property in the amount of ST MORTGAG TEArINg interest at + oer annumfayadie as follows: SEL The note and Mortgage snail be in torm satisfactory (0 SELLER'S attorney ana shai contain TPanceieranon facse Ure “aya, soasl give BUYER the rignt to oreoay aii oF any part of principal at any me win interest Ory Ans sa feo) to keep Ine ‘morovements on tne procerty insured for fire ana extenaed ccversee icr the full sf locates wiunin e food zene area, snail reavite BUYER to keep tne improvementt insurea for food covers asurabie vaue, Othe full insrbie varue or ne maximum amount of flood insurance available wrougn We National Flood Insurance Program rouey, have a ceauchioie cisuse of no mere than $7$0 and snail conuin & Suandard mortgagee ciause in favor of SELLER. ‘sat4TROKERS are reieased from any napiiity as to the credit worthiness of BUYER. 7" note and morgage snail contain & c- GENERAL CONDITIONS. CONVEYANCE Seller shall convey marxetavic ue by Statutory Warranty Deed in recordable form, sudject only to mortgages assumed, taxes for the year of closing, zoning and other pronibitions ang regulations imposed by goveramenta authorities, and casements, resinctions and reservations of record that de not pronibit the property from peing used for __ Wn Fc Ae Xe purposes. Personal property sna be conveyed by bill of sale with warranty of ue. SVIDENCE 1 The tide insurance commitment shall be obtained by RUYER, or delivered by SELLER. to BUYER as mentioned in Paragrepn il, no later than 2 S97 iT examination of the title evidence discloses that SELLER cannot comply win Genera Condition SELLER shai De notifies cr ine deficiencies in writing wit:n 4 days (rom rece:pt of re commiument SELLER shall use ciigence to correct the deficiencies, and the cicsing snail be extended, if necessary, to no Jeter ian 10 days alter such deficiencies nave been correct if SELLER Tannot correct the deficiencies wisn 120 days from receiving we notice, BUYER may terminate this Contract and receive # return of aii deposits. Sotning hi cocies or aiert tne brocerage agreement berween SELLER and ine Listing BROKER SURVEY > Prlor to casing BUYER av cetain a survey of the provery at his expense. If ths survey discloses a violstion of deed ceszittons, zoning : cemenis (other Unan plantings, driveways of walkways) wre oui.t cver an casement me snail be deemed a tt cefect and weated as provided in G adition 2 coaslar construction controt line as & in §161.053, FS, BUYER #8 cs rent under ey from SELLER delineating ine iceation cf the line on the property. SSSOCIATION LER shall prompuy apply lo ine & on for sucn approval of an association, BUYER anc S SPPROY AL, iy pay anv sociation fee. If the approval 's not obtained, aii deposns snani be sers7t3 © BUYER snail be FPMITES At beast 12 favs peter: vements inspected at nis expense by a licensed pest control cpersicr to determine = prior infestauon of the imorovements SELLER shall suing costs of repairing or repiacin? morovements sion of jerminating wis Congact “ia .o cays ater 5 chen exisuing mune property, Dat LEK WO oss LLER or SELLE! . , Se B05 gene in wrung Suinin 19 Gays OLE Cunwens eo furs nonce wainin whe ur “pectic, BUYER shail og ucemea to have ecentea We groperty, IMIpLOVEMEHu. ee Keer Concition as of he Con! » if BUYER gives Sucn nouce within whe lime specticy, SCLLER shan omy ui costs of reoats recurred © iemeuy the additonal m: { ceserioed in the notice, As used Nesein, maurini acfects” rot inetude cosmeuc OF cecorstive welecks. 7 iiew of paying such Coss shan nave we opuon of terminating Us ‘Conuact wiunin 10 spt of BUYER'S 7auce oy giving BUYER unicsa BUYER elects to accept the property, improvements, ana pers yan their wen exisung condiucn «S00 i ; eaten ie pe nen ch AO erry inspected al rcasonaoie mes Crh w ciosing upon reasonapie nouce, @ ICER a (cewsrmun Crees eden ea Doo oy se moat ve ene LORGIUOR & gach party agrees Wa GROKERS SEU ER ae hom any hiapiiity a8 w ine conaiton of we propery, imo! Sens, and personal oroperty. OF if the property improvements are damaged Oy fire or other casusity before closing and can 0F restored to suostanusily the same conaition as how . eee pr period of 00 days Wnercaller, SELLER shall restore be improvements and the ci0sing Gale and denvery of possession snasi be extenged sscordingly, 2 sugn reswarauion cannot pe compicted within bv days, BUYER may, a BUYER'S option, euner terminate unis Contact anc receive aera Bt aii ceoosits, oF purchase Lie Dfoperty in we camaged ys, Elon and receive ue Denesiis of any insurance ‘on ine property ‘usumes une rsx of loss unul closing. 1 The Balance io Close shail be adjusted, ss of the closing date, by the proration of real property taxes and tangible personal property wxes (if AAY), aller anoweoie discounts, mainiensnce charges, (ess, jums, ang interest if any. Atl special assessments, ingivging Wnose mpased Dy & condominium oF homeowners associauon, fore inc Contract Date shail be charged lo SELLER. BUT may ww assume SELLER'S insurance poucies 4) 6 ‘amount of (axes and assessments for the year of ciosing cannot oe determines, ne Amount from ‘ne previous year, with KNOWN cnanges, snui be used. If ube actual taxes of assessmens vary from tne figure used Wo c.ose unis Sansacuon, SUYER or SELLER shail pay ine acorcpriare agjusunent upon aemand, and Unis PrOVISION shalt Survive NE closing. The Amount of ary assumed Exisung Mortgage 1s an estimate and the Balance to Close snail be adjusted at Ci0siNg 10 Tefiect the acwal aMOUne . 3 SELLER shait pay the documentary tax on the decd. BUYER shail pay for recording the deed. If Optional Provision “D* is aopuicacie, BUYER snail pay for Socumentary and Intangicre tax on the note and morgage, and SELLER shail pay (or recoraing we mortgage. ’ . . it SELLER is a fercian erson’ under 1445 of the Internal Revenue Code, BUYER. my, be required to collect from SELLER, of deduct HONG ang withnold fom SEL R's closing proceeds, a (ax on SELLER equal to (0% of the Full Purchase Price. The tax snail mot be collected oF aubhetd from SELLER if an exempuon Trom such collection of wiunnolding 1s avaiiable by virtue of facts inal may be esubiuhed by affidavits Dursuant to 91445 and accompanying (eguistio’s. if exemouons are avariadle, BUYER and SELLER (as ropropae agree to fumish affidavits closing esiaonshing ine pertinent exemouons, if BUYER collects or winholds tne tax trom ELLER, BUYER shai pay ine Ux witnin LO cays aller receipi 10 Che interna Revenue Service for He deneft of SELLER pursuant 0 g 1445 ang accompanying teguiauons. Synt Ss Af BUYER fails w perform BUYER'S obligations, all deposits shall be rewined by or for the account of SELLER as considerauon for the execubon of nis Contact and in fuil seplement of any claim for damages, or SELI by giving writen NOLICE to BI R within 10 days from SMe of default, may clect to enforce sny equitable remedy avaiiabic to SELLER because of BUYER'S default. If SELLER faiis to perform yaavauale to SELLER SSPE grail nol DereDy ave WY TEN Oe Oe le ve because ov such (allure. Faiivee or refusal of & spouse Of SELLER or HUYER to execule a deed oF Thorigage necessary w pass good WUE of to creaus a vand mortgage shall be deemed a defauit of such SELLER of BU’ RNEY'S 2 if any litigation occurs berween the parties as 4 result of this Contract or any other documents required by this Contract, ‘he prevaiiing party ry shall be enuued t recover agomey $ fees incurrea and all court costs. a 12} No agreement unless 1s incorporated into tis Conuact is binding, Time is of the essence of this Contract, This Contract shail bind and inure la the bene! of whe successors and assigns of the parties. where the context requires, We singuiar snciudes the pluras, ine mascusine gender includes ure lemming, and vice versa. ENCY ‘4 SELLER AND BUYER confirm tne following agency teiationship(s). Listing BROKER, includingListing agent. Cooperating BROKER, i ag Cooperating Agent, us the agent of (chegxones: is the agent of ck oner: SELLER'S exclusively a3 SELLER'S agent. of ELLER an "YER as a dual agent, of R exclusively as BUYER'S agent oF thet SELLER nor BUYER. ELLER and BUYER as a dual agent, of Listing BROKER, including Listing Agent, 1s acting as neuher SELLER nor BUYER. Cooperating BROKER, including is acting as @ wansacuon broker. SMIMISSION 15 CO(F A LISTING AGREEMENT 1S CURRENTLY IN EFFECT): SELLER agrees to pay Listing BROKER & commission accordance with . che uerms of an exuung SEPaenle listing agreement, Cooperaung BROKER en be paid by Listing BROKER tn accordance win & separate agrece ent, of Ly ment between such BROKERS uniess otherwise ‘Sued herein or by eddendum. “ i) ’ 3 UF NO LISTING AGREEMENT IS CURRENTLY [N EFFECT): SELLER segrees to pay BROKERS, at the ume ofciosing, from the “y L Tspursements of the proceeds of the sate, & commission of ™% of the Full Purcnase Price for BROKERS services in effecting ine sale of nn - ¢ propery cursuant to this Conuack in the evens BUYER Tails to pertorm and. any ceposis we reuained, 50% thereof, but not exceeding the SWG Lommsgica orovided BOOvE. 5! ¢ paid to BROKERS as full conssceration ior BROKERS® services, including Costs ‘expendes Sy BROK! oy wag ihe baiarce shai de ped SELLER. If ihe Wansaction shail not d¢ closed Decause of tne refusal or fatiure of SELLER op \ shail pay Wie commission in fu BROKERS on demand. In any ligation arising ‘out of this Contract CONcEMINg ROKERS mission, the prevauing party shail be enuued 10 recover reasonabie attomey s ices incurred, ‘and ail coum costs. BROKERS wii oe para Cy SELLER os Wit Ponh aoowe, unicss otherwise stated herein or by eddendum. SDENDA 18 The foliowing described addende are attached to this Contract and incorporated herein: x2 atte Bro Feri etn ie 7, _ - wa a Lape of TRIS Ponies 1S Sly A“ Litase se futerrsell iy iT TE PCA 177, Loree WEDS (PPS PY STAR OT 1 Tore Teter) THs 1g INTENDED TO DE A BINDING CONTRACT. if YOU DO NOT FULLY UNDERSTAND THIS CONTRACT, CONSULT AN ATTORNEY BEFORE YOU SIGN IT. PAC hee REAL PROPERTY SALES DISCLOSURES TO PROSPECTIVE BUYERS reviewing neves De given: *RADON GAS: Radon is a naturaily occurring radioactive gas qnau when mes BeoS acd ine gon suicient quanuues, may present nzain fses lO persons who sre exposed to it over time. Leveis of radon wal exceed Federas anc Suse gy .ceunes ve a¢en found in buildings in Fionda, Acdiucng rmauon regarding radon and radon testing May be obtained from your County Pubic Heaun unt” cs pustules requires Ws 7) Fs Co AR? sous ean = pape 0 Bay ASS OPIS GF BPI IL), OP PEGS cot “lappabig py a. ye ES COPY 189 MQGIHW TE LE Tad ee } (- KALE seg ay / t : |

Docket for Case No: 00-000250

Issue Date	Proceedings
Jun. 28, 2001	Final Order filed.
May 01, 2001	Order Closing File issued. CASE CLOSED.
Apr. 30, 2001	Motion to Hold Case in Abeyance (filed by Petitioner via facsimile).
Apr. 16, 2001	Notice of Taking Deposition Duces Tecum (filed via facsimile).
Apr. 12, 2001	Amended Notice of Hearing issued. (hearing set for May 1, 2001; 9:30 a.m.; Sarasota, FL, amended as to location).
Apr. 12, 2001	Notice of Substitute Counsel (filed by R. Soliman via facsimile).
Apr. 11, 2001	Motion to Change Location of Hearing (filed by Respondent via facsimile).
Apr. 09, 2001	Letter to Judge Pollock from B. Lamb requesting that 20 subpoenas be provided to his office for use at hearing filed.
Apr. 03, 2001	Notice of Hearing issued (hearing set for May 1, 2001; 9:30 a.m.; Orlando, FL).
Jan. 17, 2001	Notice of Change of Firm and Address (filed by B. Lamb via facsimile).
Jan. 12, 2001	Status Report (filed by Petitioner via facsimile).
Dec. 29, 2000	Order Continuing Case in Abeyance issued (parties to advise status by January 12, 2001).
Dec. 27, 2000	(Petitioner) Unilateral Request for Extension of Time to File Status Report and Interim Status Report (filed via facsimile).
Nov. 29, 2000	Order Continuing Case in Abeyance issued (parties to advise status by December 29, 2000).
Nov. 20, 2000	Status Report and Motion to Continue Holding Case in Abeyance (filed by Petitioner via facsimile).
Nov. 01, 2000	Order Continuing Case in Abeyance issued (parties to advise status by November 20, 2000).
Oct. 20, 2000	Status Report and Motion to Maintain Case in Abeyance (filed by Petitioner via facsimile).
Oct. 19, 2000	(Petitioner) Motion for Extension of Time to File Status Report (filed via facsimile).
Jul. 13, 2000	Order Granting Continuance and Placing Case in Abeyance sent out. (parties to advise status by October 16, 2000.)
Jul. 12, 2000	Joint Motion to Place Case in Abeyance. (filed via facsimile)
Apr. 20, 2000	Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for July 27, 2000; 9:00 a.m.; Sarasota, FL)
Apr. 17, 2000	(Respondent) Motion to Reschedule Hearing filed.
Apr. 10, 2000	Petitioner`s Response to Respondent`s Second Request for Production filed.
Apr. 10, 2000	Petitioner`s Response to Respondent`s First Request for Admissions filed.
Apr. 10, 2000	Petitioner`s Response to Respondent`s First Request for Production filed.
Mar. 31, 2000	Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for June 14, 2000; 9:00 a.m.; Sarasota, FL)
Mar. 23, 2000	(Petitioner) Motion to Continue and Reschedule Hearing (filed via facsimile).
Feb. 03, 2000	Notice of Hearing sent out. (hearing set for April 27, 2000; 9:30 a.m.; Sarasota, FL)
Jan. 27, 2000	Joint Response to Initial Order (filed via facsimile).
Jan. 20, 2000	Initial Order issued.
Jan. 14, 2000	Letter to N. Campiglia from B. Lamb (re: confirmation of request for formal hearing) filed.
Jan. 14, 2000	Administrative Complaint filed.
Jan. 14, 2000	Petition for Hearing filed.
Jan. 14, 2000	(Respondent) Notice of Appearance filed.
Jan. 14, 2000	Agency Referral letter filed.