Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, FLORIDA REAL ESTATE COMMISSION
Respondent: DANIEL S. BURDAK
Judges: MICHAEL M. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: May 01, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 21, 2000.
Latest Update: Dec. 23, 2024
CO Y=) PH |
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE COMMISSION
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
DIVISION OF REAL ESTATE, JO _ / Ve 7
Petitioner,
vs. FDBPR Case N° 99-81447
DANIEL S. BURDAK,
Respondent.
/
ADMINISTRATIVE COMPLAINT
"The Florida Department of Business and Professional Regulation, Division of Real Estate
("Petitioner") files this Administrative Complaint against Daniel S. Burdak ("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 Chapters 120, 455 and 475, Fila Stat and the tules
; promulgated thereunder. - oe
. 2. Atall material tes Respondent was a licensed Florida real estate broker, issued
license numbers 0324756 and 0235473 in accordance with Chapter 475(Part I), Fla. Stat.
3. The last license issued os asa broker, ta Brickell Investment Realty, 905 Brickell
Bay Drive, Tower 11, Lobby 227, Miami, Florida 33131 and c/o Four Ambassadors Realty, Inc.,
Sr op renee ae
FDBPR v. Daniel S., Burdak Case No. 99-81447
Administrative Complaint
905 Brickell Bar Drive #227, Miami, Florida 33131.
4. At all material times, Respondent Burdak was licensed by Petitioner as a real estate
broker, t/a Brickell Investment Realty.
5. Prior to November 3, 1998, Guillermo Martinez Guerra (“buyer”) contacted
Respondent for the purpose of locating real property to purchase.
6. On or about November 3, 1998, the buyer delivered to Respondent a check made
payable to Brickell Investment Realty in the amount of $1,000.00 as earnest money deposit. A
true copy of the check is attached and incorporated as Exhibit 1.
7. On or about December 4, 1998, Respondent facilitated a contract for sale and purchase
between the buyer and Abraham Azqulay (“seller”) regarding real property located at 905 S.
Bayshore Drive, Unit 730, Miami, Florida. A true copy of such contract is attached and
incorporated as Exhibit 2. .
8. Respondent operated as transaction broker.
9. Respondent failed to provide to the buyer the agency notices required under Sections
475.276 and 475.278(2), Fla. Stat. (1998).
10. On or about December 41 998, the buyer delivered to Respondent a check made
payable to Brickell Investment Realty in the amount of $9,400.00 as additional earnest money,
deposit. A true copy of such check is attached and incorporated as Exhibit 3.
11. The subject contract for sale and purchase provided that the transaction would close
creme repre
, FDBPR v. Daniel S., Burdak Case No. 99-81447
Administrative Complaint
on December 29, 1998.
12. By letter to the Respondent dated December 22, 1998, the buyer advised that he
would not close the transaction. A true copy of the letter is attached and incorporated as Exhibit
4.
13. The transaction did not close on December 29, 1998.
14. Between Deceniber 29; 1998 "and February 2; 1999, Respondent received oral or
written conflicting demands on buyer’s $10,400 deposit. On February 2, 1999, Respondent sent
a letter to buyer offering to disburse only $2,500 of the total deposit to him, with the remainder
split between the seller, Respondent and an attorney (a true copy of such letter is attached and
incorporated as Exhibit 5).
15. By letter dated April 9, 1999, Respondent belatedly notified Petitioner and the FREC
of conflicting demands and/or a good faith doubt as to who was entitled to the earnest money
deposit. A copy of the letter is attached and incorporated as Exhibit 6.
16. Rule 61J2-10.032(1)(b), Fla. Admin. Code, provides:
A broker, who has a good faith doubt as to whom is entitled to any
trust funds held in the broker’s escrow account, must provide
: written notification to the Commission within 15 business days
' g such doubt and must institute one of the settlement
se forth i in s. 475.25(1)(d)1., Florida Statutes,
lays after having such doubt. The
determination of good faith doubt is based upon the facts of each
case brought before the Commission. Based upon prior decisions
of the Commission, good faith doubt shall be deemed to exist in
the following situations:
FDBPR v. Daniel S., Burdak Case No. 99-81447
Administrative Complaint
1. the closing or consummation date of the sale, lease, or
other real estate transaction has passed, and the broker has not
received conflicting or identical instructions from all of the parties
concerning the disbursement of the escrowed funds;
2. the closing or consummation date of the sale, lease, or
other transaction has not passed, but one or more of the parties has
expressed its intention not to close or consummate the transaction
and the broker has not received conflicting or identical instructions
form all of the parties concerning disbursement of the escrowed
funds;
COUNT I
Based upon the foregoing, Respondent is guilty of failure to make disclosure regarding
agency as required by § 475.276(2), Fla. Stat. (1998) and therefore in violation of § 475.25(1)(q),
Fla, Stat. (1998).
COUNT II
Based upon the foregoing, Respondent is guilty of failure to make disclosure regarding
brokerage relationships as required by § 475.278(2), Fla. Stat. (1998) and therefore in violation
of § 475.25(1)(q), Fla. Stat. (1998).
COUNT I
Based upon the foregoing, Respondent is guilty of failure to provide written notification to
the Commission within 15 business days of the last demand or good faith doubt of the procedure
“instituted to resolve the escrow fund dispute and must institute one of the settlement procedures as
set forth in § 475.25(1)(d)1., Fla. Stat. (1998-1999), within 30 days after having such doubt, in
“imposition of investig
FDBPR v. Daniel S., Burdak Case No. 99-81447
Administrative Complaint
violation of Fla. Admin. Code R. 61J2-10.032(1)(a) (1998-1999) and therefore in violation of §
475.25(1)(e), Fla. Stat. (1998-1999).
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,
Fila. Stat., depending upon the severity of the offenses), include: revocation of the license,
registration, or permit; suspension of the license, registration, or : permit for: a a period not to exceed
ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense;
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
a |
—
FDBPR v. Daniel S., Burdak Case No. 99-81447
Administrative Complaint
relief; imposition of a cease and desist order; or any combination of the foregoing which may apply.
See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code.
SIGNED this Loe day of Leh Hiledtd , 2000.
fahaneeng
att Ment
of Profs *SS8icnal Reg Department d
, Division of Real Estnta suletion Professional Regulation
wm ead ® Gy By: Herbert S. Fecker, Jr.
ae Director, Division of Real Estate
a
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
(407) 481-5632
(407) 317-7260 FAX
“RWB/kK
PCP: DS/LJ 2/00 Oo ca
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.
PRN ee ee meinen are oe
Ww v7)
FDBPR v. Daniel S., Burdak Case No. 99-81447
Administrative Complaint
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 twenty-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.
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A SURAT REET TETIET
RATIVE COMPLAINT
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18 2, PURCHASE PAS Aperereree payable by Guyer in U.S, currency as follows:
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Reeidential Saie and Purchasas:Contract
FLORIDA ASSOCIATION OF REALTORS®
1. 9ALE AND PURCHABE: ApMAMAN AEQUIAY ve, Sel
and GUI: TIMEAGUERRA. (Buyer)
agrve ta call end Buy on the terms end conditians specriad below ihe property descnbad as:
Address: 903 3 BAYSNORE DR UNIT 739 _———---.
MIAB? 2233191 Courty: DADE _
Lega! Description: FOUR PHA 3-111 735 __ _
Taw 10 No: 01-42-07-002-3340
wooeiner wih aH improvements snc atlechad Heme, induding fituras, builtin furnishings, dullhin eppliancean, tailing fans
Sigh Axwres, siieched wailiowes carpeting, rode, draperies and other window covenngs. fhm only other itema incudes
10° fn ihe purchase are;
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13° The following attached liens are excluded tram ihe purchase:
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18 1@ real and personal pro
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aH arraunt equal fo the (ast estimate of the sasessmant: up to
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juscribed shove a=. in (3 referred to as ropwny.” Persanal property Raica
in this Contract In the sates a. velue end is owing sft for Seifere convenience
Flol,aoo “Uopwood CPR: LS,
(abs 1,990.90 Oupoait received (checks ere subject @ clasrance) December 03 | 19 98 by
tor BRICKELL INVESTMENT REALTY Dw Ayer
— REE SESE? REALTY
_(C Escrow Agent’)
: : eee — eam
Aa 1 42C 9 ann.00 Addlonsl deposi ta be made by Decmnber 09 18 86 i
> Total Financing (see Paragraph 3 batew) (expmss 95 2 dollar amount or. percentage)
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p Omer: - —_.—-—.
Bi <3 95 isyeee-20 —Galenoe to dose (nat including Buyers coving costs. prepaid llema and rorations) All funds
PELE O paid af closing must be paid by locaity drmwn cashier's check or wired funds.
) FINANCING: (Check as appicabie) ("} (a) Buyer wii pay caah far the Property wih na Anancing coniingency
Ej () The Conve @ eenangent on Beyer quativing fr end chaning (1) andter (2) Bairne (mo Fienana’} by
10____ (if loft Blank then Closing Dato or within 36 days from Effective Outs, wnichever occurs 130 CF
5] A cornmrepmenn tor peer i) cxwentenelj PHA (Lj VA tnancing fer 8 r 70.060 % of tre perctings orice (pun
shy sppticabe PMI, MIP, VA funding fee) at he Drevaling interest rate end joan cosis ill FHA or VA, nee aliached addendum)
LHK2) Aporoval for Salter finencng of assuenption of mortgage (see attached addendum}.
Buyer will apply for Financing within = §
wmployment, finance and other infermatio:
diigenes Bnd good faith. oenot obtain ine Financing, of (li) the Finanging ie denied Recause the Prope:
Durchase pries and ciiner Guyer eieda not im protend of ihe pares ere unable to renegotiate (hw purchase prica Upon
comcatiation. Gurywr wit retin ail Balerprevided Wu evidence. ciirveye end ewseniebon documents ana @uyers cepori(s) wil br
rolumned after Eacrow Agant receives proper authorizauon from ail injereated panes,
cLosina
& CLOMING DATE; OCCUPANCY: This Convact wil be closed ans me cuse and possession dohvered of Dai cz 29 18 98
CCinsing Osteo"), untede extended by ether Provisions of this Contact, The Property will ba swept claan and talbve peraans!
comeved en ot Dette Cloving Cate. It on Cleans Dew insurance urdermiting Ib wicpended, Buyer may posipane dusiny up 10 3 deve
5. CLOSING PROCEDURE; COSTE: 1 Me imuence tures Guyer for ote detects ationg bermwen me ttle binder efiectyc date
and recording of Baiyer'a deed, casing egant mil disburse a cloning ihe net sale proceeds io Seller and brokerage (ees 10 Broker
we per Paragraph 18, In edditian ts oiner pan rovided in this Contracs, Seiler and Guyer will pay the costa indicated Salow
{a) Getter Costs: 1 will pay inewe Aird evileaes on the deed end recording fees fos documnwils needed (Lure (lis Certified
Confined and ratit Basesement lene and, if i] werent! te substantisily completed as of Effective Dale un
hone. (1 5% if feft Blank) of the purchase price for repairs
warranted itera (‘“Raepaic Limit") and up to (75% of left blank) of tne purchase price i wood destroying organi
ineotnant and repairs {Termite Repate Li
(b) Buyer Coste: Buyer wil pay tame and racarcing loos on noles ond Morgaeges;, recording feas on the deed and
financing statements: joan expences, pending special asneasment liens: lenders lille policy, inspections: suey, fued
insurance: Orner.
(o) Thtiu Evidenes and Ineuwanas: ora 7
La (1) Setter ett provide a Paragraph 10(a)(1) owners lide insurance commtment a4 title avidance. aj Seller jy Buyer ww
select the thie sgent. [) Getler _j Buyer wil pey for the owner's inie policy, search examination and related charges
Each party will pay Ks awn closing lees.
(El (R} Setter wii provice Ulle evidence as specined m Parograph 10(e2)._] Setter yy Buyer wail pay for me owners tle
bolicy and seinci the We agent, Setter ee! psy fees for tlle sasrches prior ts elosmg, including tas seerch anc ten
search (ees, and Buyer will sey feos for Mie seerches afer closing (if any). tite examination feea and closing tees
(4) Prorations: The follewing items wal be made current (if appicable) and prorated as of tne day before Closing Usie’ mat
estate laren, interes, Donds, aammsements, agsdcialion fees, inmurenee. rems and other cutrent expentes and revenues of
ine Property, If {amen and assesaments for te current yeer cannot be defermined, the previous year's rates will be used wilh
adjueuriomt for exemptions end inprovements, Guyer (3 response for property lex mcrease: ja to change in awnersnip
{o) Tax WithiRalifing: Guyer end Batter wii comply with the Foreign irvesiment in Reel Propony Tox Act. which may require
‘Seiler lo provide ecationat cash at elaning if Seller js “forsign peraan” a2 Gafined hy federal jaw
(f) Heme Warrenty: |) Buyer (_) Seller 1) WA wil pay form home warranty plan issued by _ +
cost not to exceed 9 A heme waranty pian provides for repay or replacement of many of a home's imechanicay
system and major bui(in lances m (he event of breekdeen due fo normal wear and (ear during the egreament period
_ - PROPERTY CONDTION
INSPECTION FERUQDS: Buyer wii tompire we inspeatiions referenced in Paragraphs 7 ang 6(a)(2) Uy
{within 10 days from Effective Orie # ef Blank) Clhapectien Period); the woud-destroying organism inapaciion by
: . 18 ____ {prler te clesing, fen blank): and (he walk-through inspection on the day before Closing (ntw
aa ins soseaas epeaatis to wa per
Guyer ( (___) ane Satter EB
) C___} acknowledge mcaint of a copy of ihis page, wiveh is Page 1 af « Pages
Fade " 8 ©10GE Floride Aamwcmstion of REALTOR® (Ak Aight Rewrees
CEL ete of Raat Gemma’ NY. a] Mahe Renee
(ee Aatnaanters | Bevel Yeenterers WR. Bayt U1, Latihy Lows iend PL 32131
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SESS | ons
SINISTRATIVE COMPLAINT
EXHiniT # a
pace | or_@
EXHIBIT___- PAGE
Wi lie a
vibes A Gor
16 MO ORKL Ldta5 KAS 1) Dov.
239 18. PROFESIPOMAL AOVICE: GROKUER LIABMLITY: Broker advines Guyer end Satter to verty all facie end representetons inat
ZA0 ere importa to them and to sonsut an apprapnete professional for legal oduce (for exemple. interprenng contracts
241 ostermining the effect of laws on the Property and transection, sietus of (ile. foreign investor repurting requirements, sic.) and
244 for tes, property enndition, environments and other apecaized advice. Guyer acknoeiedges that Broket does not reside in ae
243 Property and thal ai representations (oral, writien of othansisa) by Braker ere ussed on Salling Fepretentaians or pain: rcv
245 uniewa Groker indicaies personal verification of he represeniadon. Buyer agrees to rely soley on Seiler, professional s2pocturs
245 qd government agenaes for verticatie: ef he Property condition, equare famtege and fects tet materafly slfect Prnpeny
248 vatue. Buyer and Salier rumpectvely wit Pay af coals and sxpences, induding ressonable aformeys' feos al all levels, incurrad hy
247 Broker and Broker's officers, directors, agents and employees in conneation with or @rising trom Guyera or Geller's missiatament
240 of Iallure te perform contractiel cbigations. Buyer and Sellar hold hemmiers and releaea Broker and Geoker's officers, director
260 agents erat empicyees fom ail sability for jess or damage based on (4) Beyer'e of Seller's missiaiement ur (edute {o portarm
250 oontrsctum obligations: (2) Broters performance, ai Beyers and/or Seller's requesi, of sny insk beyond the scape of services
251 reqguiaied by Chapter 475, F.1., as amended, @eluding Broker's relerrd, recommendation or retention of any vendor: (3) producis
252 of serdoes provided By any vendor; end (4) expenses incurred by any vender. @uyer ang Seller each ssaume full responmbiity (or
282 ssivaing end compenseling thew respective vendors. THis paragraph wil nol refeve Acoker of slalulory obligations. Fos purposes,
_ at Wa paragragn, Broker will be treated as = pasty to inis Contract. Tins emragraph will survive closing.
286 19, GROMERS: The faenese(s) and Broherage(s) nemed below era cotectivety referred to ae “Eroher.” Geller und Buyer
268 acknowledge thet the broherages(s) named balew sre ihe prociting Geuse of tis frensacion instruction te Clusing Agant: Sailer
257 and Guyer direal closing agent lo disburse al closing the full amount of the Brokerage fees o2 wpeaied in sepmraie Uichorage
258 sqreemenia wih tho parties and cooperative egreemenis between ihe brokers. unless Broker has reiained such (nas feom tiie
259 ascowed funds In ihe ebaence of much brokerage agreements, dosing ager wail dsbuise orokersge fees ox indicated dviow
260° DANIEL BURDAK _ Maroc. perenne
conees
281 Real Eetete Licevene Rea! Eatae
282° SRICKELY TRVESTHENT Pentty BRICEKLE. INVESIFENT REALTY
253° Broker’ &rplewage Are” a4 Brekat ¢ Brwmerege tee a4 _—
we ADDENDA AND ADDITIONAL TERMS
285 20. ADDENDA: The foflowing adunional terme are (noluded in addenda end ncorporsied into Me Contract (check if epplicadle}
708" (1 4, Condo, Assn. Ll G, New Mert. Rates LM, Housing Outer Persons = S. Sele ef Buyer's Property
267" LZ 8, Homeowners’ Asan. id 4. Aale wRight to inapec! tad, UnimprovedAg, Prop aj T. Rezoning
269° LJ C. Gellar Financing (J 1 Gettespecians 1) O. Intereat-Beasing Accom! _} U. Assignment
20° 1) 0. Mon Assumption |) J, Insuiaten Glntosure ‘dP. Back-wo Contract, ad V. Prep Oieclosue Stnt.
270" ) E. FHa Financing 2K. Pre1678 Housing Sint (LBP) I} O, Broker~ Pere ini. in Prop. 3g Other AGENCY DISCLUSURE
270° LF. VA Financing LL. Flood insuranae Red, 1d R, Remate ac
272° 21. ADOTIONAL TERMS;
282 THis le intended te be m teyelty Binding sentrect If not fully Undarntoed, seek Cre aavics of an attumey price ta aigning
cin] OFFER AND ACCEPTAWCE
204° (Cheuk M appiieatee! L] Guyer received a wrimn real property dintosure siztement from Setter before maxing itis Ofer)
288 Guyer effers to purmhese ms Property on the _adove terns end condi Uniess this Cantract ia signed by Sellar and a copy
288° doliverss lo Buyer no taler ten . 19 . Unio offer wit! pu revekeu
287 and Buyers deposit refunded subject to cles: ~~
288" Onte- Buyer:
zaer
200° Oute:
ae
292° Prone:
209° Far:
236" Dale: alee
285°
Tax (SSN 20-36 -SECE -
Tea (OVSEN.
the offer, Guyer yr" Qn oF initial Ihe counter offered terms and deliver a copy
fe] ¥ . 104 ). (Lg Setler reyecis Buyers affer
CL) actinowtadge receipt of a copy uf thle pege, whic! in Paye 4 of 4 Pages,
jrrimee OF Rese
Dowrammmertaen of REALTORS we Oe neha om = pare
pry EAL trate M6 eapemere ton ve ky She ingat mektity wv mae aecy 9)
we ‘to my Bric) Prey gpd Mibertalatenraention Tp ermh weet Tt aa Ps ton
tawaty tin uae ove HER Tocpmeret catectne eremriereree Puan Wat mary bn vee! ory be me
Reena} Ammmmmton of REALTOR arw who aurecrom ne aon oe ot hrm = ve
1 cov aga kewre od Item Units Dototamm (2 / (1.15, Cader} fe fo Oh omentum Peprectiaction oF Barth tener By ar HONS Husa (acer te In LONNIelle@Y fie
PARAL Rew. 110 CORR Perkin anmcseton of MEALS Ad iikgre meee
* (an Fernie Neem ct Reser Seated te COE, Ad fgg Rene, aaoo—
“INISTRATIVE COMPLAINT
EXHIBIT #2
a
PAGE A or _@
5, \ 4ecnions AND REPAIRS: od
WUYER GUILESRMO HARTINEZ ZAMBRANO ate
The rights and obligations arising under Standards D and N of the Contract are umited to the individual unit and do
not extend to common elements, limited common elements. or any other pan of tre Property except the individuai
unit.
NON-DEVELOPER DISCLOSURE:
\CHECK ONLY ONE)
(a} (i THE BUYER HEREBY ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY Ot
THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION, BYLAWS
RULES OF THE ASSOCIATION, AND THE QUESTION AND ANSWER SHEET MORE THAN 3 DAYS
EXCLUDING SATURDAYS. SUNDAYS. AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF THE CONTRACT
{b) @ THE CONTRACT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S
INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS. SUNDAYS, AND LEGAL HOLIDAYS
AFTER THE DATE OF EXECUTION OF THE CONTRACT BY THE BUYER AND RECEIPT BY BUYER OF A
CURRENT COPY OF THE DECLARATION OF CONDOMINIUM. ARTICLES OF INCORPORATION. BYLAWS
AND RULES OF THE ASSOCIATION. AND QUESTION AND ANSWER SHEET IF SO REQUESTED IN WRITING
ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE CF NO EFFECT. BUYER MAY
EXTEND THE TIME FOR CLOSING FOR A PERIOD GF NOT MORE THAN 3 DAYS. EXCLUDING SATURDAYS
SUNDAYS. AND LEGAL HOLIDAYS. AFTER THE BUYER RECEIVES THE CECLARATION. ARTICLES OF
INCORPORATION. BYLAWS. RULES. AND QUESTION AND ANSWER SHEET '= REQUESTED IN WRITING
BUYER'S RIGHT TO VOID THE CONTRACT SHALL TERMINATE AT CLOSING.
BUYER'S REQUEST FOR DOCUMENTS:
Buyer 13 entitled, at Seller's expense. to current copies of the condominium aocuments specified in Paragraph 5
above. Buyer (creck onty one} @ requests does not request a current cepy of the documents specified in
Paragraph 6, above. if this Contract does not close, Buyer shall immediately return the documents to Seller o:
reimburse Seller for the cost of the documents.
BUYER'S RECEIPT OF DOCUMENTS:
{COMPLETE AND CHECK ONLY IF corREcT) Gi Buyer received the documents described in Paragraph 6, above. on the
day of see ee TE.
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JUYER - : Date SELLER ~~ Baie
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21996 The Florida Bar and the Florida Associaton of REALTORS*
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REAL PROPERTY SALES DISCLOSURE
This disclosure shail modify and become a part of that cenain Contract for Sale and Purchase (Date prepared: )
12/3/98 by and Between ABRAHAM AZQULAY as Seller, and GUILLERMO MARTINEZGUERRA ZAMBRANO as
Buyer (o which this rider is attached. Buyer and Seller further agree as follows
AGENCY DISCLOSURE: Brickell Investment Realty. ANTONIO G. PEREZ(Name & Title}. is by this document giviny
notice to the Bd Buyer (_] Seller that & He C] She (CJ It is the ayent and representative ofthe PdBuyer CJ Seller 4
Transaction.
N. ; Notice lo prospective Purchaser / Tenant. Radon Gas is a naturally occurring radioactive yas that. when itis
accumulated in a building in sufficient quantities. may present health risks to persons who are exposed to it over time levels
of radon that exceed federal and state guidelines have been found in buildinus in Florida. Additional information regarding
radon and radon testing may be cblained front your county public health unit. Pursuant to 404.056(8), Florida Statues:
MPENSATION: The Buyer / Seller acknowledges that ANTONIO G. PEREZ (Name of agent/agents) is/are being
paid by the Xj Seller (] Buyer This notice is being given Pursuant to Rule 2-13 003 (2), Florida Administrative Code
LATENT DEFECTS; SELLER represents that SELLER knows of no facts materially affecting the value or desirability of
the subject Property. which are not readily observable, except for the followiny. which Seller hereby discloses to Buyer
( 2
3 4 ee
Concerning the residential Property built before 1978 abovedescribed, “Every purchaser of any interest in residential real
property on which a residential dweiling was built prior to 1978 is notified that such property may present exposure (0 lead
from lead-based paint that may place young children at risk of developing lead poisoning, Lead poisoning in young children
may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral
problems. and impaired memory. Lead poisoning also poses a particular risk to pregnant woinen. The seller of any interest
in residential real property ts required to provide buyer with any. information on lead-based pamt hazards trom nsk
assessments or inspection in the seller's possession and notify the buyer of any known lead-based paint hazards. A rish
assessment or inspection for possible lead-based paint hazards is recommended prior to purchase”
Buyer has read and understands the above Lead Warning Statement and acknowledges receiving an Enviromnentai
Protection Agency lead hazard information pamphlet entitled “Protect Your Family From Lead in Your Home” prior to
becoming obligated under this Contract. (Check whichever one of the following applies)
& Buyer has had a 10 day opportunity before signing the offer to conduct a risk assessinent or inspection far the presence of
lead-based paint hazards and finds the property to be salisfactory
CO Buyer may, within (0 days from the effective date of the sales contract, conduct a risk assessinent or inspection far the
presence of lead-based paint hazurds, If the results are unsatisfactory to Buyer, Buyer may cancel this Contract by written
notice delivered to Seller within $ days from the date of the assessment of inspection
Seller knows of the presence of the following lead-based paint or lead-based paint hazards in the abovedeseribed housing
and has provided Buyer with any iead hazard evaluation report in Seller’s possession
ENERGY NCY: BUYER may have the energy efficiency rating of the building being purchased determined
(Check either)
SQ RUPEK does not request that the energy efficiency rating of the building be determined
(J RUYER requests that the rating be determined as follows
A. The inspection conducted to determine the rating will take place within days from the effective date of the sales
contract. (J Buyer (J Seller will select an inspector quaiitied under the sules of the Department of Cominunity Atlairs to
make the determination The cost of obtaining the ratiny will be paid by Ci Buyer (seller
C1 Both parties equally .
B_ The contract
(is contingent un Buyer approving the rating. Suyer will deliver wiitlen nouce to Seller of Buyer's approval ut
disapproval of the rating within 5 days from the date of the inspection.
; iy not contingent on Buyer approving the rating. Buyer wants the rating determined solely for Buyer's
information
Buyer acknowledges that this notice, as well as a Department of Community Affairs brochure on the Florida Building Energy
Efficiency Rating System. was teceived al the time of or prior to Buyer signing the sales contract
The undersigned acknowledge (3) that this written notice was received before the undersigned (s) signed a contractual oller
or lease agreement. In compliance with 475.25 (1) (q). and $53.996, Florida Statues. and Rule 2 V-10.033. Florida
Adminisfrative Code.
Date’
Te
Pace Ye oO
76 *ok PROPERTY DISCLOSURE: Seller represents that shodroes fot know of any tacts that malenaily affect the vaiue ©
77 the Property, including violations of governmentat laws, rules and reguialions, other than those thal Buyer can faadily observ
78 of that are known by or have been disciosed lo Buyer. le
79 (a) Enargy Efflelancy: Guyer may, within the inspection Period. have ihe Property's energy efficiency rating delernined, bul nr
80 contingency or repair obligation 1s connected with (he outcome. Buyer acknowiedges receipt of the Flonda Building cneruy
at Efficiency Rating System brochure. if this is a new home. the builder's FL-EPL card ts aitached as an addendu's
82 (b) Radon Gas: Radon 1s a naturally oceurnng radioactive gas that, when it has accumulated in a buslding 1 sulficie:
83 quantities, may present health risks to persons who are exposed to il over tne Levels of radon that exceed federal ee
Ba stata guidelines have been (ound in buildings in Florida. Additional information regarding radon anu radon lestiy inay oe
85 oblained fram your county public health unit. Buyer may. within the inspection Period, nave an approprialely hcensed perso:
86 test the Properly for radon, if the radon (evel excseds aéceplable EPA stangards, Selfer may choose to reduce Ine race
or level to an acceptable EPA fevel, falling which either party may cancel this Contract.
88 (c} Fload Zone: Buyer is advised to verify by survey, wilh the fender anc wih appropnate government agencies winch flew
6g zone the Property 13 in, whether tlaod insurances fs required and wnat restrictions apply fo improving lhe Froperty and revuiidue
90 in the event of casually. If the Propeny ts in a Special Flood Hazard Area or Coastal High Hazara Area and Ihe buiidings are bu
v1 below the minimum tlood elevation, Buyer may cancel this Contract by delivenng wiitten nolice lo Setter wilhin 20 days tro
92 Effective Date, failing which Buyer accepts tne existing eiavation of the Bulldings and zone designation of Ihe Proper.
vs 6. MAINTENANCE, INSPECTIONS AND REPAIR: Selier will heap tne Fropeny in tne same condition trom eltective Uate ut
¥4 closing, except for normal wear and tear ("mainienance requirement’) and repairs required by tlis Contract Setter will prow
¥5 access and ulilites for Buyer's inspections. Buyer will repair all damages lo the Property resulting from the inspections ar
96 return the Property {fo its pre-inspection condition if Seiler ss unable to complete required repairs or treatinents prior *
97 closing, Seller will give Buyer a credit at closing for (he cos! of the repairs Seller was obligated to make. Seller will assign
98 assignable repair ang treatment contracts to Buyer at closing.
9g (a) Warranty, Inepections and Repair:
100 (1) Warranty: Seller warrants (hat non-ieased mayor apphances and heating, cooling, mechanical, electrical, securt
104 sprinkler, septic and plumbing systems, seawall, dock and pool equipment i any, are and will be mamntained in works:
102 candition unt closing; (hat tne structures (including rools) and pool, if any, are structurally sound and watertigi, 4:
103 that the Property has proper permis. Salier does not warrant and is not required fo repair cosmetic conditions. unies
106 the cosmetic condition resulted from a defect in a warranted item. Seiler ts mot obligaled to bring any Hein ir
105 compliance with existing tutiding ¢ode reguiations uniess necessary to repair a warranted item = “Vvorking conditicr
106 means operating in the manner in whieh the item was designed to operate and “cosmetic conaions” means ausitet
107 imperfections that do not alrect the working condition of the item. inciuding pitied marcie; missing or lor screen
108 fogged windows; lears, worn spots and discoloration of floor covenngs/walipapers/window [reatments, nad her:
toy seratches, dents, scrapes, chips and caulking In bathroom calling/walls/flcoring/tiestixturesimurrors, and minor cracks
110” Hoor ties windows/driveways/sidawalks/poot decks/garage and patio floors.
Wd (2) Protesstonai Inspection: Buyer may have warrantied items inspected by & person who specializes um and holds
12 occupational iicanse (if required by faw) to conduct home inspections or who holds a Florida license to repair and mama
Ws the itams inspected ("professional inspector). Guyer must. within 5 days from the end of the inspection Pernod Geir
114 written notice of any items thal are not in the condition warranted and a copy of the inspector's written report, if any
115 Saller, if Buyer fails to deliver timely wntten notice, Buyer waives Seller's warranty and accepts the Herms listed
416 subparagraph (a) in their “ag is” conditions, except that Seller must meet the maintenance requirement
iw (3) Rapair: Setler is obhgated only to make repairs necessary to bring wartanted items inte the conden warranted
18 to the Repair Limit. Seller may, within 5 days from receipt of Buyers notice of tems hat are not in the conti,
119 warranted, have a second inspection made by a professional inspecter ana wil report repair esumales {o Guyer I!
120 first and second inspection raports differ ana the pares cannof rescive the differences, Buyer and Seller together w
121 choose. and equally spit the cost of, @ third inspector, whose written report will be binding on the parties. Hf the cost *
122 repair warranted items equals or 13 fess than the Reparr Limit, Seller will have the repairs made in a workmaniike manne
123 by an appropriately licensed person, If the cost to repair warranted items exceeds the Kepair Limit, either party avs
124 cancel this Contract unless either pany pays the excess or Buyer designates which repairs to make al a total cost |
teb Seller not exceeding (ne Repair Limit and accepts the balance al the Property in its “as is" condition.
126 (b) Wood-Destroying Organisms: “Wood-destroying organism” means arthropod or plant lite, imciuaing termiles. powuer-pe
127 Deeties, oldhouse borers and wood-decaying fungi, that damages or intesis seasoned wood in a structure. excluding tence:
128 Buyer may, at Buyers expense and prior to closing, have the Hroperty inspected by a Florida-licensec pest coniro! business
129° determine the existence of past or present wood-destroying organism infestation and damage caused oy intestation It «
130 inspector finds evidence of infestation or damage, Buyer will deliver a copy of the inspector's wrilten report to Seller within
131 days trom the date ol the inspaction, Sellar will have 5 days trom rece:pt of the inspector's report to have reponed dain
132 estimated by a licensed dullding of general contractor ana corrective treatment estimated by a licensed pes! contrat busines
133 Seiler wi have treatments and repairs made by an appropriately licensed person at Seller's expense up lo the ferimle Reoa
134 Limit. 1f the cost to {real and repay the Property exceeds the Termite Repair Limi, eilher parly may pay the excess, failing wn
135 either parly may cancel this Contract. Seiler is not obligated to treat the Property if (1) there 1s no visible live infestation (uj)
136 Property has previously been treated, and (iii) Sellar tansfers a current full teatment warranty to Buyer at closing. If Guyer taus
137 timely deliver (ne inspector's wniten report, Buyer accepis the Property “as 1s” with regard fo wood-destraying oryans
138 (infestation and damage, subjaut to the mamntenance requirement.
139 (c} Walk-through Inspection: Buyer may walk through the roperty solely lo verify that Seller has made repai's requied &
140 (his Contract and has met contraciual obligations. No oiher issues may de raised as 4 rasull ol the watk-ttrous
141 inspection. If Buyer tals to conduct this inspection, Seller's repair and maintenance obligations wil be deemed fultille:
142 9, RISK OF LOSS: {f any portion of tne Property 1s damaged by tire or othar casualty before closing and can be restore
143 within 45 days trom the Closing Wate to substantially the same condition as if was on Elective Uate, Seller will al Seiler
, 144 expense, restore the Property and the Closing Oale will be extended accordingly. {1 the restoration canno{ be compietea
Le 145 time, Guyer may accept the Property “as is" wilh Seller assigning the insurance proceeds for the Hropeily to Buyer al closin:.
146 failing which éither party may cancel this Contract
147 TITLE
1a8 10. TITLI will convey marketable title to the Property by statutory warranty deed or trustee, personal representative
148 guardian deed as appropriate to Seller's status.
150 (a) Titte “Evidence: Title evidence wi shaw legal access to the Property and marketable tile of record in Seller in accordance w
151 current litle standards adopted by the Florida Bar. subject only to the following Iille exceptions, none of which prevent residents.
192 use of the Property: covenants, easements and restrictions of tecord; matiers ot plat. earsting zonmy and govesnine:
153 ragulations, oll. gas and mineral rights of record if there is no righ! of entry: current taxes; mortgages that Buyer wili assume ar
154 sneumorances that Seller wil diacharge at or before closing. Seller wil, ‘prior to closing, deliver to Buyer Seller's chuice of one
155 the following types of title evidence, which must be generally accepted in the counly where the Property is located (specity
156 Paragraph S{c) the selected type), Seller wil use option (1) in Palm Beach County and option (2) in Dade Coun!
‘$7 (1},@ title Insurance commitment issued by a Florida-licensed litle insurer in the amount of the purchase price ar
758 SHES only to title exceptions sat forth in this Contract
199° Guyer {_ d¢ } and Seller ( [ih ( ) acknowedge recent ul a wpy Uf Ibis paye, whichis Mage 2 old Van
ARAy aus ©1908 Flonde Associaton of REALTORS® Ail Rights Reserved i
Guiness 4
Pe Nadi Nee
1 1008 Floriia Anencietion of Rantioys(9 hcermed tn CBF AN Rights Reserved
z XHIBIT +}
PAGE
oy
errr
\ i
Sincerely, ! dy \
CUCL) <
Guillermo Martinez Guerra Zambrano
ANISTAATIVE COMP
EXHIBIT
Pace soo [
/ !
EXHIBIT. 4+ PAGE
Miami, February 2,1999
Mr. Guillermo Martinezguerra Zambrano
Colombia, South America
Fax 01 1-571-619-3582
Re: Return of deposit Four Ambassadors #730
Dear Mr. Zambrano:
Greetings. Your friends were here in my office and | propysed the following to them
regarding the return of your deposit.
Guillermo Zambrano $6,400.
Abe Azoulay $2,500.
Brickell Inv. Realty $1,000.
Andrew Gerrits, Esq. $ 500.
As you know, the sellers attorney was here waiting for you on the scheduled closing date,
at a time that you ayreed to. for several hours and vou did not appear at all.
Please let me know your thoughts on the above at your earliest convenience
Sincerely,
BRICKELL # YN REALTY
OX
DANTEL S. BURDA AK
Lic. Real Estate ee
ADMINISTRATive COMPLAINT
EXHIBIT # ron “
re
PAGE — | OF a
999 Brickell Bay Dr. Suile # LOL, Miami. Florida S51:
Terephone: (305) 372-0114 ¢ Fax: (305) 374-733
Fo Mail, clanwtnneteattys cen _
T™O78 OER Ie rr re2 se Pe
Inrucslinent
April 9, 1999
Department of Professional Regulation
400 W. Robinson St.
Suite N. 308
P.O.box 1900
Attn: Linda Burda
Orlando, FL 32802-1900
Fax: 407-317-7281
RE: Escape procedure & Escrow Disbursement Order
Dear Ms. Burda:
The following are the details relevant to my request:
¢ 1am writing you regarding a dispute between Mr. Abraham Azoulay c/o Todd Counihan
(972)248-9984 of 18111 Preston Rd, Suite 1000 Dallas. Texas 75252 as Seller and Mr.
Guillermo Martinezguerra (01 1-571) 213-8405 of Transv 30 123-36 303 Bogota. D.C.
Colombia as purchaser. ;
The property address is 905 Brickell Bay Dr. Apartment #905 Miami, FL 33131.
{ am presently holding $10,400. in my Escrow account.
Purchaser and Seller entered into an agreement to purchase on December 4. 1998,
e Antonio Perez of Brickell Investment Realty was the Buyers agent.
¢ Dan Burdak of Brickell Investment Realty was the Sellers agent.
1 will appreciate your forwarding me instructions on the
procedure to resolve this matter.
Sincerely.
\vsT™ ENT REALTY
(DA\eX
\ !
\_DAMIEL S, BURDAK
Lic. Real Estate Broker
au MINIS ATIVE COMPLAINT
exHipit gO
PAGE Lor |
905 Brickell Bay Dr.. Suite # 227. Miami, Fesrida 33131
Telephone: (305) 372-0114 ¢ Fax: (305) 374-7339
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Docket for Case No: 00-001849
Issue Date |
Proceedings |
Oct. 11, 2000 |
Final Order filed.
|
Sep. 21, 2000 |
Order Closing File issued. CASE CLOSED.
|
Sep. 21, 2000 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Aug. 08, 2000 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by October 16, 2000).
|
Aug. 04, 2000 |
Motion to Hold Case in Abeyance (filed by Petitioner via facsimile).
|
Aug. 04, 2000 |
Notice of Substitute Counsel (filed by T. Davis via facsimile).
|
May 30, 2000 |
Amended Notice of Hearing sent out. (hearing set for August 17, 2000; 8:45 a.m.; Miami, FL, amended as to location)
|
May 26, 2000 |
Notice of Hearing sent out. (hearing set for August 17, 2000; 8:45 a.m.; Miami, FL)
|
May 18, 2000 |
Joint Response to Initial Order (filed via facsimile).
|
May 08, 2000 |
Initial Order issued. |
May 01, 2000 |
Election of Rights filed.
|
May 01, 2000 |
Administrative Complaint filed.
|
May 01, 2000 |
Agency Referral Letter filed.
|