Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, FLORIDA REAL ESTATE COMMISSION
Respondent: EDWARD W. DRADY
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Apr. 28, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 29, 2000.
Latest Update: Dec. 23, 2024
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" STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULIALION,
FLORIDA REAL ESTATE COMMISSION Ns %
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
DIVISION OF REAL ESTATE,
Petitioner, OO -/ 7 7 7
vs. FDBPR Case N° 98-85143
EDWARD W. DRADY,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Florida Department of Business and Professional Regulation, Division of Real Estate
("Petitioner") files this Administrative Complaint against Edward W. Drady ("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, including § 20. 165 and d Chapters 1 120, 455 and 475, Fla. Stat, and the rules
promulgated thereunder.
2. Atall material times, Respondent is and was at all times material hereto a licensed
Florida real estate salesperson, issued license number 0648945 in accordance with Chapter 475
(Part D, Fla. Stat.
3. The last license issued was as a salesperson, c/o The Keyes Co., One S.E. Third
Avenue, Miami, Florida 33131.
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FDBPR v. Edward W. Drady Case No. 9885143
Administrative Complaint
4. On or about January 12, 1998, Respondent showed a rental property, located at 4507
Polk Street, Hollywood, to Fanie and Martha Botha. Respondent represented that the property
was available for lease, with an option to purchase.
5. Respondent was purporting to act on behalf of the alleged owner of the property, Kathleen
McDaniel.
6. Respondent misrepresented the status and availability of such property to the Bothas,
since the true owners were Olga Estrada and Olga Vuelta.
7. On January 19, 1998, the Bothas executed a residential lease and an option to purchase
agreement concerning the subject property, both prepared and facilitated by Respondent.
Respondent stated within the lease that “Kathleen McDaniel/Edward Drady” were the “Jandlord,”
and that “Kathleen McDaniel” was the “‘seller/Landlord” under the option to purchase. Respondent
also signed both documents for Ms. McDaniel (representing to the Bothas that he had Ms.
McDaniels’ “power of attorney”). True copies of the parties’ lease and option to purchase are
attached and incorporated as Composite Exhibit 1.
8. Respondent required the Bothas to pay $5,050 in deposits and rents under the lease and
option agreement. A true copy of the Bothas’ $5,050 check to Ms. McDaniel is attached and
incorporated as Exhibit 2. a .
"9. The Bothas proceeded to perform inspections on the property, arranged for utilities and
began preparations to replace carpeting and wallpaper before taking occupancy of the subject
property on February 1, 1998.
10. On J anuary 25, 1998, the Bothas learned from Ms. McDaniel that she was not the owner
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FDBPR v. Edward W. Drady Case No. 9885143
Administrative Complaint
of the subject property. When the Bothas confronted Respondent with Ms. McDaniel’s admission,
he continued to maintain that the Bothas’ lease and option to purchase agreements were valid.
11. The Bothas then contacted the true owners of the property and verified that neither
Respondent nor Ms. McDaniel had the authority to offer an option to purchase the subject property.
Moreover, the true owners also revealed that Ms. McDaniel had only a lease agreement for the
subject property from July 26, 1998 through January 25, 1999 (and not through January 31, 2000 as
stated in Respondent’s lease with the Bothas), and that neither Respondent nor Ms. McDaniel had
ever sought permission to sublease the property to the Bothas.
12. The Bothas then demanded that Respondent release them from the alleged lease and
option to purchase agreements, refund their $5,050 in deposits and payments and reimburse them
for some $1,200 in utility deposits, inspection fees and other expenses incurred in preparation to
occupy the promised premises.
| 13. Respondent did return $4,000 to the Bothas on or about February 24, 1998—~but only
_after they had been forced to retain an attorney to demand same. The Bothas were ultimately forced
to bring a civil suit aginst Respondent to obtain an additional $750 via a settlement agreement.
os 14. Respondent's actions and inactions, with respect to his representation of Ms. McDaniel
and/or himself in the lease and option 6 purchase agreements with the Bothas, were performed
without the knowledge or approval of his then employer and broker, Alta Velocita, Inc. and Robert
Joseph Griffith, Sr.
FDBPR v. Edward W. Drady Case No. 9885143
Administrative Complaint .
15. Additionally, Respondent acted as an (unlicensed) broker when he collected $5,050 from
the Bothas and then disbursed same to himself and/or Ms. McDaniel without authority to do so (in
that the lease and option to purchase agreements were unauthorized by the true owner of the subject
property, and thus invalid).
COUNT I
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 any business transaction in violation of § 475.25(1)(b), Fla. Stat.
(1998).
COUNT II
Based upon the foregoing, Respondent is guilty of failure to immediately place with the
registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered
employer in violation of Rule 61J2-14.009, F.A.C. (1998) and §§ 475.25(1)(k) and 475.25(1)(e), Fla.
Stat. (1998).
+ Based upon the foregoing, the Respondent is guilty of having collected 2 any money in
“connection with any real estate brokerge transaction except i in the name of the employer and with the
express consent of the employer a and j is is auity of commencing or maintaining any action for a
commission or compensation aginst any ‘person except his registered employer i in violation of of §§
FDBPR v. Edward W. Drady Case No. 9885143
Administrative Complaint
475.42(1)(d) and 475.25(1)(e), Fla. Stat. (1998).
COUNT IV
Based upon the foregoing, Respondent is guilty of having operated as a broker while licensed
as a salesperson in violation of §§ 475.42(1)(b) and 475.25(1)(a), Fla. Stat. (1998).
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 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; 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), i include: revocation of the license,
‘registration, or} or permit; suspension of the license, registration, or permit for a period n 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
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FDBPR v. Edward W. Drady A pelVISiON o
Administrative Complaint ADM?
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Case No. 9885143
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 6132-24.001, Fla. Admin. Code.
SIGNED this 4 day of Pauasany , 2000.
Professional Regulation
By: Herbert S. Fecker, Jr.
Director, Division of Real Estate
ATTORNEY FOR PETITIONER
Robert W. Burijon, Jr.
Florida Bar N° 434485
Senior Attorney, Real Estate
Department of Business and
Professional Regulation,
Legal Section - Suite N 308
Hurston Bldg. North Tower
400 West Robinson Street
Orlando, Florida 32801-1772
vex (407) 481-5632
se esces (407) 317-7260 FAX
RWB/k
PCP: HE/CS 1/00
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FDBPR v. Edward W. Drady Case No. 9885143
Administrative Complaint
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 an Election of Rights
form or some other responsive pleading with the Petitioner within twentv-one (21) days 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 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.
re eg
ai Saye , is by and between LANDLORD.
and TENANT
/ for the dwelling located at
under the following terms and conditions:
rent from Tenants.
2. Rent: Tenants agree to rent this dwelling for the sum of $ 1350" per monthiad
payable in advance. The first months rent is $_. 3s» °° .
3. Form of Payment: Tenant agrees to pay rent in the form of a personal check. a cashier's
check or a money order to the Landlord.
4. Rent Payment Procedure: Tepants agree to pay their rent to the owner at the following
address: Kern eet Me Dauel 390} Si) 24 aw ol von Be utilizins the mail
service.
§. Returned Checks: [f for any reason a check used by tenants to pay owners ig returned
without having been paid, Tenants will pay returned check charge of $_2¢:°° and take
whatever other consequences there might bein making a late payment, After the second #ime that a
tenant’s check is retumed zenants must thereafter secure a cashier's check or money order for
payment of rent.
6. Rent Due Date: The due date for the rent owing under this agreement is the LST >f every
calendar month. The LATE DATE is one day later. There is no grace period. Tenants may pay
their rent on or before the due date. The very next day is the rent late date. This is the: first day
when owners will consider the rent late. Owners expect to have RECEIVED the rent before this
date. If tenants rent is due on the First 1t must be received on or before the First to be on time.
7. Late Fees: Landlord expect tenants $© pay rent promptly. In the event that this does not
occur for any reason, the tenant will agree to pay a $20 per day late fee unul full payment
is received.
8. Deposits: Tenants agree to deposit with the ownerilandlord the sum of $_27S2°37)00™
payable before they occupy the premises. | andlord may withhold from these deposits o:ly what is
reasonably necessary to cover the following tenant defaults:
sea A) damages to the dwelling
B) extraordinary cleaning costs following tenants’ departure
“C) unpaid rent and various other accrued und unpaid charges
D) legal & service charges
9. Cancellation: If for any reason thit contracts canceled, there will be a -O- '% service a
charge deleted from monies received.
1 OLUtilities/Ser vices: Yenants agree te puy all uuliues and services with the exception of ine
follawing which Owner agrees to pay: home im net {ces and taxes,
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I1., Occupasts: __gber of isis limited to_2 pe! 3 S.
No one else may live there withiow diords’ prior wnitten Setinission.
12. Guests: Tenan 1 est fi Ta maximum period of seven (7) dtys every
six (6) months. Se.z Met) eur i. Pr
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13. Subletting and Assignment: Tenants ’shall not sublet the entire premises or ary part of
the premises, nor shall they assign this Agreement to anyone else without first obt ining the
Landlord’s written permission.
14. Liquid Filled Furniture: Tenants agree not to keep any liquid-filled furnitu‘e in this
dwelling without first obtaining Landlord’s written permission.
vehiet€S on the premises. These
18. Vehicles: Tenants agree to keep a maximum of, 12Q- S
ts agree to park their vehicles in
vehicles must be operable and currently licensed. ’ 1
assigned spaces and to those spaces clean of cit drippings. Tenants agree to advise their
visitors about parking and to sibility for where their visitors park. Only those
motorcycles which have exhaust muffli that of a passenger car are allowed. Only
those self-propelled recreational yehicles which are used [fo transportation are allowed.
Tenants agree not to park ; recreational trailers, utility trailers an ike on the premises
without first obtaini Landlords’ written permission. Tenants agree no! repair their
vehicles on the premises if such repairs will take longer than a single day unless the vehi ‘le is kept
16. Appliances: Although there may be appliances in the dwelling, such as a refrigera or, stove.
dishwasher, clothes washer/dryer, microwave, garbage compactor or disposal, the us> of these
appliances is not included in the rent. If Tenants wish to use these appliances, they agree to
assume all responsibility for care and maintenance.
17. Tenant Inspection: Tenants have inspected the dwelling and its contents and agree that
they are in satisfactory order, as are the electrical, plumbing and heating systems.
18. Notification of Serious Building Problem: Tenants agree to notify the
Owners/Landlord immediately upon first discovering any signs of serious building protlems such
as a crack in the foundation, a tilting porch, a crack in the plaster or stucco, moisture in tre ceiling.
buckling sheetrock or siding, a leaky roof, a spongy floor, a leaky water heater or termits: activity.
19. Windows: Tenants agree to be responsible for any windows which become eracked or
broken in their dwelling while they live there.
~ 20. Drain Stoppages: As of the date of this Agreement, Landlord warrants that the dwelling’s
sewage drains are in good working order and that they will accept the normal householc waste for
which they were designed. They will not accept things such as diapers, sanitar’ napkins.
tampons, children’s toys, wads of toilet paper, balls of hair, grease, oil, table scraps, clothing.
rags, sand. dirt, rocks or newspapers. Tenants agree to pay for cleaning the drains of «ny and all
stoppages except those which the plumber who ts called to clear the stoppage will attest in wun
were caused by defective plumbing, tree roots or acts of God.
Z1.Trash: Tenants agree to dispose of their ordinary household trash by placing it into a
receptacle for periodic collection. They agree to dispose of their extraordinary househe d trash by
hauling it to the dump themselves or by paying somcone else to haul it away. Tenants agree to pay