: : . ne ee i - ns a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT ON: FLORIDA REAL ESTATE COMMISSION é FLORIDA DEPARTMENT OF BUSINESS» AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, , Petitioner, vs. EDBPR CaseN°9983314 . JUDITH ANN RUTLAND, Of PUBL = a i ". Respondent. . a ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Judith Ann Rutland (hereinafter "Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner isa 1 state government licensing and regulatory agency charged with the ant to the laws of the State responsibility and duty to > prosecite Adininstraive Complaints pursu: Statutes. 3. The last license issued was as a salesperson c/o Dale E. Peterson Rea Estate, FDBPR Case N° 99-83314 FDBPR vs Judith Ann Rutland Administrative Complaint Hwy. 98 E., Destin, 32541. 4. On or about October 13, 1998, Respondent facilitated a Residential Sale and Purchase Contract between Résort Management Services-Emerald Coast, Inc. (“seller”) and Richard Stanton and Amy Moon-Stanton (“buyer”) for property located at 107 Redfish Circle, Santa Rosa | Beach, Florida. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. The contract specified that the buyers would submit an earnest money y deposit of $1500 upon acceptance of the contract. 6. Respondent did not complete line twenty (20) of the contract, which would have contained the signature and name of the escrow agent. 7. The seller accepted the contract on Octobe 22, 1998. 8. Ina letter dated October 23, 1999 (sic), purchase was accepted the day before and requested that the buyeis deposit as soon as possible. “Atopy 0 Administrative Compa Exhibit 2. % notation a as to the deposit was not until January 9. eee ret L 17 i aa é ok at 7 ‘ is i FDBPR vs Judith Ann putland FDBPR Case N° 99-83314 Administrative Complaint 11. The e diary sheet only contained two more notations, on January 10 and January 13, regarding th the earnest money deposit 12. The ‘buyers never gave. a deposit to Respondent. 13. Respondent never +r informed the seller that the buyers never ‘submitted the deposit. Evidence of this lack of knowledge c can nbe shown through correspondence that is attached hereto orated herein as Administrative Complaint Composit Exhibit 4. and incorp' COUNT 1 “Based upon the foregoing "Regpondeat is sul of fraud, misrepresentati mn, CO céalment, false promises, false pretenses, dishonest dealing by tick scheme or device, culpable negligence, or © breach of trust in: any business transaction in yiolati mn of § 415 25(1)(b), Fi la. Stat % issuance of a reprimand; imposi ~ requiring the license courses; publication; “or permit for FDBPR vs Judith Ann Rutland FDBPR Case N° 99-83314 administrative Complaint ition of probation subj ect to terms including, b but not limited to, e, registrant or permite to complete and pass additional real estate education or any combination of the foregoing which t may apply. See § 475.25(1), Fila. Stat. and R. 61J2-24.001, Fla. Admin. Code, The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon ‘the severity of the offensels), include: revocation of the license, registration, or permit suspension ‘of the license, registration, ra period not to exceed ten cio) years; imposition ofan ‘administrative fine of up to $5, 000 for each count or offense; imposi on of investigative costs; issuance of a reprimand; imposition of probation subj ect to terms including, ‘but not limited to, requiring the licensee, registrant, or x permite to complete and pass additional real estate education courses; publication; cease and desist order; or ica restriction of practice injunctive or mandamus relief imposition of a 9455. 227, Fila. Stat. and R 61J2- * any combination. of the foregoing which n may apply. See FDBPR Case N° 99-83314 FDBPR vs Judith Ann Rutland Administrative Complaint i ood SP} et 7 an - ATTORNEY FOR PETITIONER “Robyn M. Severs _. Florida Bar N° 0154504 - 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 RMS/k : PCP: -- CV/JR 2/01 NOTICE TO RESPONDENTS “PLEASE BE ‘ADVISED ‘that mediation under § 0.573, Fila. Stat, i 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, 7 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— earing is requested. _ — ; BE FURTHER. ADVISED that if you do not file " Rights form or some oth sponsive pleading ig with the Petitioner within twenty-one (21) .. days of receipt of this ‘Administrative Complaint, the Petitioner will e with | the Florida Real Estate Commissi ion. questing an informal hearing and entry of an : the ! tispension or revocation of your real 2 f Rights and Election of | Rights form. z Le a (“Seller”) (“Buyer”) agree ‘o sell and ‘buy on the terms and conditions specified below the propaily cascriped as: Address: 22-2 hetisfeistae LA. gebeo Bez. Ltd hole eet 5 FE . one 2 ‘Couhty Legai Description: tack. On et Bou 3 Lic, roa aX IQ No: gcned items, including fixtures, Gnas. Rilikin Leopliafices, ceiling fans, lignt ds, draperies and other window coverings. The only other items included in the together with all improvements and at fixtures, attached wall-to-wall carpeting, purchase ares” A L EE. CLF AEE 2 13 The fcllowing attached items are excluded from the purchase: A 3 fy Pa e 3 1s. The real and personal property described above as included in the purchase is relerred to as the “Pregariy.” Personal property listed 16 in this Contract is included in the purchase price, has no contrioutory value and is beng left for Seller's convenience. PRICE AND FINANCING Ww ot . 1° 2. PURCHASE PRICE: $082 7 Oe payable by Buyer in U.S. currency as follows: (a) $2500 .8D Deposit received (checks are subject to clearance) éefait ete se: tee, by 20" for ‘ Escrow Agent’) Name of Compyiy wn . QL Sgnature Additional deposit to be made by (b)$___ 2.95, 322 (c) Aare _ Total Sinancing (see Paragraph 3 below} (express as a dollar (a) $. _ ay 4as. Other: (QS : a Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds paid ier eck, cr wired funds. ficial bank ch at closing must be paid by locally drawn ca '§ check or 31 3. ruaion {Check as soit Gt iL paycaabriorthe Preps ot oes ) This Contract is contingent on. fer qualifying for ‘and obtaining (1) and/or (2) below (the * : (if teft blanic then Closing Oa or within 30 days from Effective Date. whichever cccurs first) (Financing Period”): 2 (1) Acommitment for new onventional Gl FHA 2 VA financing for$ 205 joy or 2% ol the purchase price (plus any applicable PMI, MIP, VA funding fee) at the prevailing interest rate and loan costs (if FHA cr VA. see attached addendum). ~~ Q (2) Approval for Seller financing orassumption of mortgage (see attached addendum). : Buyer will apply for Financing within _.__ days from Effective Date (6 days if eit clank) and will timely provide any and all credit, employment, financial and other information required by the lender. Either party may cancel nis Contract if (i) Buyer, after using diligence and good faith, cannct obtain the Financing, ancluding meeting the terms of the commument), or (i) the Financing is denied because the Property appraises celow the purchase price and either Buyer elects not to proceed or the parties ‘are unable a7. lo renegotiate the’ purchase price. Upen cancellation, Buyer will retum all Selier-provided title evicence, st sveys and association 23 documents and Buyer's deposil{s) will be returned after Escrow Agent receives proper authonzation trom ail interested arties rr ars : CLOSING eyed eee Cebied oe pore “4, CLOSING DATE; OCCUPANCY: This Contract willbe closed ‘and the deed and pcssessicn delivered on Cirtyfics lief Bs (‘Ciesing Date’), unless extended by other provisions of this Contract. The Property iwi be swept clean and oller's personal items & removed on or before Closing Date. If on Closing Date insurance underwriting is suspended, Buyer may costpore closing Gp to 5 clays. 5, CLOSING PROCEDURE, COSTS: Closing will take place in the county where the Property is focated. If title Insurance insures Buyer for title defecis arising between the title binder effective date and recording of Buyer's cleed, closing agent will disburse at ~ ‘closing the net Sale proceeds to Seller and brokerage fees to Broker as per Paragraph 19. !n addition to other expenses: provided *“in this Contract, Seller and Buyer will pay the costs indicated below. ; cae (a) Seller Costs: Seller will pay taxes and surtaxes onthe deed and recording fees for decuments needed to cure tile; spstantially completed as of Effective Date, an -ount or percentage} ro “ Sonfiemmed and fatified special assessment liens and, if an improvement is s i : ws ‘amount equal to the last estimate of the assessment: up to __% (4.5% if tlt lank) of the surchase price for repairs to ° ‘ ; . = d (“Repair Limit’): and up to % (1.5% if left blank) of the purchase price for wood-destroying organism 4 rea pairs (“Termite Repair Limit"); Other: § a a ee ADS we : i vB ‘Costs: Buyér will pay taxes and ‘recording fees on notes and mortgages; recording fees on the deed and financing 1 statements; loan’ expenses; pending special assessment liens; lender's title policy: inspections; Survey, flood insurance: * Other: Zz Ere: BZ j : is : Seller Q Buyer will Tite Evidence “and insurance: Check (1) or (2): ” sd related: charges.” itl (1) Seller wil provide a Paragraph 10(a)(1) owner's title insurance co! select the title agent. 2 Seller ta“Buyer will pay for the owner's title Each party wil payits own Closing fees... : : : Q (2) Seller will provide title evidence ‘a$’ specified in Paragraph {Olai{2}.. 3 Seller M1 Buyer all policy and select the title agent. Se ar will pay fees for title searches prior to dlesing, includin g, and Buyer wil pay for title scarchds alter closing (if an Whe examination fees and The following items vall be made current ‘ora t Clssing Date: real © (if applicable) and pr iSUrANCE, Ss “ (d) Prova ate taxe: Buyer is responsible for prepany SIT ding: Buyer und Selle ash at ct 71 Seller ' nk) Clnspection F lank): and the yO ei eh Gene sed to Buyer. ledges receipt of the Florida Bui ard ig attached as en addendum. 82 (b) Radon Gas: Radon uratly occurring radioactive gas that, when s to persons who are exposed to | ceed federal a: a3 quantities, may present nealth 84 state guidelines have been found in buildings in Florida. Additional information x ion testing may 95 obtained from your county public health unit, Buyer may, within the Inspection Period, have an appre ely licensed pers 86 test the Property for racion. if the racton level exceeds acceptable EPA standar o reduce the rad. BF level to an acceptable EPA level, faling which either party may cancel this Contrac 88 (c) Flood Zone: Buyer is advised to verify by survey, with the lender and with apprepriate government agi 89 zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and rebuildi: 90 in the event of casually. if the Property is ina Special Flood Hazard Area or Coastal High Hazard Area and the buildings are b below the minimum flood elevation, Buyer may cancel this Contract by delivering en notice to Seller within 20 days fre Effective Date, failing which Buyer accepts the existing elevation of the buildin di zone cesigi n of the Property. (d) Homeowners’ Association: If membership in a homeowners’ association is mandatoty, an association disclost . summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNT BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. 8. MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property in the same condition from Elfective Date u: closing, except for normal wear anc! tear (‘maintenance requirement”) and repairs required by this Contract. Seller will provi access and utilities for Buyer's i pections. Buyer will repair ali damages to the Property resulting from the inspections & return the Property to its pre spection condition. if Seller is unable to compicte required repairs Cf treatments prior closing, Seller will give Buyer a credit at closing for the cost of the repairs Seller was obligated to make. Seller wilt assign assignable repair and treatment contracts to Buyer at closing. : aa ; (a) Warranty, inspections and Repair: : : (1) Warranty: Seller warrants that non-leased major appliances and heating ‘ sprinkler, septic and plumbing systems, seawall, dock and pool equipment. i condition until closing; that the siructures (including roofs} and pool, if any, are structurally sound and watertight: that the Property has proper permits. Seller does not warrant and is not required to repair cosmeus conditions, unte the cosmetic condition resulted from a defect in a warranted item. Seller is not obfigated to bring any item ir compliance with existing building code regulations unless necessary to repair a warranted item “Working conditk means operating in the manner in which the item was designed to operate and “cosmetic conditions” means aesthe imperfections that do not alfect the working condition of the. item, including pitted marcite, missing or torn scree _ fogged windows; tears, worn spots and discoloration of floor coverings/wall apers/window treatments; nail hok | scratches, cents, scrapes, chips and caulking in bathroom ceiling/valls/flouring’ ulesfixtures/mirrors: and minor cracks floor tiles/windows/driveway isidewalks/pocl decks/garage and pmo floors. Oa als (2) Professional Inspection: Buyer may have warranted items inspected by a ‘son who s in and holds occupational license {if required by faw) to conduct home inspections or who eles a Florida license to repaié and maint the items inspected (“professional inspector’). Buyer must, within 5 days from the end of the inspection Period, deli written notice of any items that are not in the condition warranted and a co 2 Inspector's written report, if any, Seller. if Buyer fails to coliver timely written notice, Buyer waives Seller's + he items listec: . “gubparagraph (ain their's is” conditions, except that Seller must meet the maintenance requireine! 3 . a (3) Repair: Seller is obligated only to make repairs necessary to bring warranted tems into the condition warranted, to the Repair Limit. Seller may, within 5 days from receipt of Buyer’s notice of items that are pot in the condit warranted, have a second inspection made by a professional inspector and will report repair estimates to Buyer. If: : first andl second inspection reports differ and the parties cannot resolve the cifferences, Buyer a + Seller together choose, and equally split the cost of, a third inspector, whose written report will be binding.on ¥ rties. {f the cost repair warranted items equats or is less than the Repair Limit, Seller will have repairs macio inva swerkmaniike man: by an appropriately licensed person. If the cost to repair warranted ite exceeds the Repair Lunt, either parly cancel this Contract unless either party pays the excess or Buyer designates which repairs to make at a total cost “y Seller not ‘axcéeding the Repair Limit and accepts the balance of the Property i its “as 1s” Ci nclition. : (b) Wood-Destroying Organisms: “Wood-destroying organism” means arthropéd or plant life, includirig termites, powder-£ beetles, oldhouse borers and wwood-decaying fungi, that damages or inlesis seasoned wood in a strucy excluding fenc and prior to closing, have the Property inspected by & Fierida-licensed pest control business. ent wood-destroying organism infestation and damage caused by infestation. If sstation or damage, Buyer will deliver a copy of the inspector's written ¢ sort to Seller witht ection, Seller is not obligated to treat the Properly if alt the following aprly {i there is no visible - previously been treated, and {ii} Seller transfers & current full treatment ranty to Buyer ave 5 days from receipt of the ifspecter’s report to have reported damage estimated b: __ licensed building or general Gentactor and corrective treatment estimated by a licensed pest control bi s, Seller will he treatments and repairs mace by an appropriately licensed person at Seller's expense up ‘to the Termite | __ to freat. and repair the Property exceeds the Termite Repair Limit, either party may pay the Excess, failing | Contract i Buyer “giS to timely deliver the inspector's written report, Buyer accepts the Propet ~eancel this to wood-destroying organism ‘nfestation and damage. subject to the maintenance fi Wk through the Properly solely to v (c) Walk-through Inspection: Buyer may wa by this Conuact and Na st contractual obligations. No other issues Ma: _ inspection. lf Buyer fails to ¢ auct this inspection, Seller's repair and mainte: “OF ,.LOSS: If any portion ‘of the Properly is darnaged by. fire or other Casuidty before closing and 45 days from the Closing Date to substantially the same condition as it was on Ative Date, Seller. restore the Property and tho Cibsing Cate sill be extended accordingly. If the rest Ganriot Ee col 1 May accept the Property “as is “Seller assigning the insurance proceeds for y itheroarty may-cancel this Contract: Pek | Ske % Raney v9 or that are kn 20 {a) Energy Efficiency: Buyet al) new home, the builder's FL-EPI prochure, I this k are iy Erica mulated in a ouilding in. suflicic ds. sodiing, mechanical, electrical, secur are and will be maintained in work! ( “infestation, ( closing. Otherwise, Seller Ade repairs requi of the walls-thror . deerned fulfilled. be festored we. exper , BT Selier’s status. it reside: ting ang and govern ges that Buyer will assume: to Buyer Selier’s choice of or yowhore Ay locatedt tepeci i) + Seller wil, prior toc! erally accepted! in the ¢ Wy agrapi Sic) te select “submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Floricia court or the Florid. “yn purporting (0 oe sords of the county « + available to Selier, overage. Seller will ‘or copies of y t from the pclicy 2 date and fied 46 Buyer or Buyer's closing agent, ts recited in the pricr policy and in the update. if a pricr policy ig not available to Seller then (1) above will be the rive evidence. Tile evidence will be delivered no later than 10 days beiore Closing Date. {b) Title Examination: Buyer will examine the title evidence and deliver written notice 10 Seller, within § days from’receipt of tile evidence but no later than closing, of any defects that make the title usmar able. Seller wil nave 30 days from receipt of Buyer's notice of defects (“Curative Period") to cure the defects at Seller's expense. if Seller cures the defects within the Curative Period, Seller svi deliver written notice lc Buyer and the parties will close the transaction on Closing . Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has pe sed. If Sdller is unabie to cure the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer wil, within 10 days from receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. (c) Survey: Buyer may, nor to Closing Date and at Buyer's expense, have the Property surveyed and ceiver written notice to Selier, within 5 days from receipt of survey but no later than closing of any encroachments Gn the Property, encroachments by the ~ Property's improvements on other ands or deed restriction or zon.ng viclations. Ary such encroachment or violation will be treated. in the same manner as a title defect and Buyer’s and Seller's cbiigations wil be < rmined in accercance wilh subparagraph (b) © above. If any part of the Property lies seaward of the coastal censtruction central tine, Seller wil provide Buyer with an affidavit or survey as required by law delineating the fine’s location on the preperly, unless Buyer waives this requirement in writing. MISCELLANEOUS Ay BUSHEL Yi EES s correct by an openy recorded in the put However, f such an abstract + Agurer'as a base for reissuanc acceptable to Buyer's closing & rogether wilh copies of ail docus acceptapie 10 the proposed “44. EFFECTIVE DATE; TIME: The "Effective Date” of this Contract is the date cn which the last of the parties i iilials or signs the latest cifer. Time is of the essence for all provisions of this Contract. All ime perices will be computed in business days {a “business day” is every calendar day except Saturday, Sunday and national legai holiciays}. ! any deadiine fails on a Saturday, Sunday or national legal holiday, pericrmance will be due the next business day. All time periocs will end at 5:00 p.nv local time (meaning in the county where the Property is tocatec) of the appropriate day. . 12, NOTICES: Ail notices will be macié to the parties and Broker by mail, personat delivery or electronic inedia, Buyer's failure to deliver timely written notice to Seiler, when such notice is required by this Contract, regarding any contingencies will render that contingency null and void and the Contract will be construed as if the contingency did not exist. 13. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seiler. Except for brokerage agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. Modifications of this Contract will not pe binding unless in writing, igned and delivered by the party to be pound. Signattr2s, initials, documents referenced in this Contract, counterparts anc written modifications communicated electronically or on pa er will be acceptable for all purposes, ding delivery, ‘and will be binding. Handwritten or typewritten terms inserted ir or attached to this Contract prevail over reprinted terms. If any provision of this Contract is or becomes invatid or unenforceable, all remaining provisions will continue tc De fully elfective. This Contract will not be recorded in any eublic records. 14. ‘ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms “Buyer,” “Seller,” and “Broker” may ce singular or olural. This Contract is binding on the heirs. adminisvators, executors, personal representatives and assigns ° DEFAULT AND DISPUTE RESOLUTION 15. DEFAULT: (a) Seller Default: if for ony reason other tan failure of Seller to make Seller's We marketable alter diligent elfor, Seller . fails, refuses or neglects to perform this Contract, Buyer may cheese to receive a return of Buyer's Geposit without waiving the right to seek damages or to seek specific performance as per Paragraph 16. Seller wil also be lidble to Broker for the iull amount of the brokerage tee. (b) Buyer Default: f Buyer {ails to perform this Contract within the time specified, including timely payment cf all deposits, Seller may choose to retain and collect alt deposits paid and agreed to be paid as iquidatec: damages oF to seek specific performance as per Paragraph 16; and Broker will, upon demand, receive 50% of all deposits paid and agreed to be paid (lo be split equally among ecoperating brokers} up to the full amount of the brokerage fee. . a ve “46, DISPUTE RESOLUTION: This Contract will be construed under question arising out Of or relating lo this transaction or this, Contract or ils breach will be settled as follows: : {a) Disputes conceming entitlement to deposits made and agreed to be made: Buyer anc Selter wil pave 230 days from the date’ conilicting demands are mace to attempt to resolve the dispute through mediation. it that fais, €$crow Agent vall Real. Eslate- Commission. Buyer and Seiler will be bound by any resulting settlement or crder. . ‘ ei tse “(b) All other disputes: Buyer'and Seller will have 30 days from the date’ a dispule arises Dclween them to attempt to __ resolve the matter through mediation, failing which the’ parties will resolve the dispute through neutral binding arbitration in thé @ounty where the Property !s located, The arbitrator may Not alter the Contract lerms or ayard any remedy nol “provided. for in this Contract. Tie award will be based on the greater weight of the evidence and will state tindings of fact and the contractual authority or which iis based. IP thé Parties agree to Ose discovery, it will be in accordance with the | . Florida Rules ‘of Civil Procedure and the arbitrator will resolve all ed disputes. Any disputes wilh a real « astate licerised Hamed in Parag k 3e0's broker Zonsents in writing to become s panty to the proceedi a (@) Mediation and Arbitration, Expense © submitting it to an impartial ‘or Wh solution of the ton thd parties. Mec! ith ihe’ mies SF th solve a dispute by 2 arbitrators” fees tr P ESCROW AGENT AND ;BROKER @. GecGul and hoid luncs 3 cordance vath the iG cn Person for misdell 1 OF Gross NX 47 ESCH eee ontfact, including Serowed Mars to scrow Agent pon proper Authorizatic grberthat Escrow Agent not be kk ¥ aid frome fic COSTS 6 08 ps y Escrow Agent will at ida jaw. All contfoversies, claims and other ¢ atta Si 4 permitted) of Buyer, Seller and Broker. . : : i “COMPLAINT ROLIABILITY: dic! iss Buyé i sed representations Wat > seropnate professional for legal advice ifer example, terpreting contracts, + determining the eifect of aws on the Prey i transaction, status of title, foreign investor reportin . etc.) and for tax, eroperty condition, environmental anc other specialized advice. Buyer acknowledges that Broker does not resicie in the E i, written or othonwise) by Broker are based on Seller representations or public records Property and that all representations {oral less Ercker indicates personal ventication of the representation. Buyer agrees to rely solely on Seller, professional inspectors 4 and govemmental agencies for verification of the Property condition, square footage and facts that materially affect Property » value. Buyer and Seller respectively will pay all costs and expenses; including reasonable attorneys’ fees at all levels, incurred by +) Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's cr Seller's misstatement * of failure to perform contractual obligations. Buyer and Seller noid harmless and release Broker and Broker's olficers, directors, = agents and employees from all liabiity for ioss cr damage based on (1) Buyer's or Seller's misstatement or failure to perform 2 contractual obligations; (2) Broker's performance, at Buyer's and/or Seller’s request, of any task beyond ihe scope of services - + reguiated by Chapter 475, F.S., as amended, .ncluding Broker's referral, recommendation or retention of any vendor: (3) products 5 -or services provided by any vender, and (4) expenses incurred by any vendor. Buyer and Seller each assurne full responsibility for “5 selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. ! ig. PRGEESSIONAL ADVICE; BR Srtant to them and to consul re collectively referred to as “Broker Seller and Buyer vo ‘3 19. BROKERS: The licensee(s) and brokerage(s) named below a e of this transaction. Instruction to Closing Agent: Seller <9 acknowledge that the brokerage(s) named below are the procuring caus -@ and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties and ccoperative agreements between the brokers, unless Broker has retained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated below. < c * Z oar Estate Lice Beef Estate Licensee _— . . Brcweit lust Keg tts alte Te ee v Broker / Brokerage fee: * Broker/ Brokerage fee: . ADDENDA AND ADDITIONAL TERMS” foe a 20. ADDENDA: The folowing additional terfns are included in addenda and incorporated inte this Contract (check if applicable): + A. Condo. Assn. OG. New Mort, Rates GM: Rousing Older Persons 2S. Sale of Buyer's Property : 1B. Homeowners’ Assn. QH. AS Is w/Right to Inspect QN. Unimproved/Ag. Prop. £4 T, Rezoning - OC. Seller Financing Q 1. Self-inspections - QO. Interest-Bearing Account QU. Assignment “QO. Mort. Assumption Od. Insulation Cisclosure QP. Back-up Contract QV, Prop. Disclosure Stmt. » OE. FHA Financing QK. Pre-1978 Housing Stmt, (LBP) Q Q. Broker - Pers. Int. in Prop. ether Bab: dan @) f i 4 F iw Q F. VA Financing QL. Flocd insurance Reqd. QR. Rentals (9 Other, - 21 ADDITIONAL TERMS: OLeccipis. foaspacirble ” casts Mb ritessteia ard toegyables, ao a linet dae Oda th, LD cn Le pant adaan fsa Asch takai : » Septet, Caren td tsi ead el opt ELE HO : This is intended to be a legally binding contract. If not fully understood, seek the advice of an attomey prior to signing. “ He 8S OFFER AND ACCEPTANCE ei Neto TAB bee “(Check if applicable: O Buyer received a written real property disclosure ‘statement from Seller before making this Offer.) “ Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a copy 1» delivered to Buyer no later than _/2, 2 tia.m.0 p.m on los . 1247. this offer wili be revoked so) and Buyer's deposit refunded subject to clearance 0} funds. oo eipibget een a 13 t#9 Buyer: iia Print nam R ie Sc ~ strap Aesoce Mgt. Ie 2 ages: 25008 ines gth (et bt A Oe Missi” R37 t1CO ($b) 381 lott (eB Se Addendum No. GO. the Contrac: dated wlolsy _ between . - Eocetatil (Seller) and ’ of ET hes 1b Trauyen congerning the property described as: MES. Bek S io Yo7 Kebbaid (aber, saith te tthe “Contract” "), Buyer and Seller make the faliowing terms and conditions par, uf the Contract: ZH ZB d pete) MALL. wee Bho Crna tiaei Lira Lsete t0 Label) cnaunt tie dha, ete By 500 op Qa Late eheaer sit A caste i tb. 2. men es hy CEarckattr. oe we iT Borne pa ase aaa ete cute egal) ps ee iw Bhan ertinTitte £ 7 athe, bustdere tukthe developer. abies purely Mabe Link wee bt, haiti pal lithe é ‘ ee tees EMERALD COAST REALTY OF HOTELIER, INC: 107 Redfish Circle Cl UL 23 PH 1:87 " Santa Rosa Beach, FL 32459 (850) 622-0056 Office eee (850) 622-0068 Fax (860) 203-3637 Toll Free as! rutland@resortservices.com October 23, 1999 Mr. and Mrs. Richard Stanton 12785 Whispering Pines Olive Branch, MS 38654 - Dear Richard and Amy: _ Congratulations, your offer to purchase was accepted yesterday. 1 am enclosing ‘your . copy of the executed contract for your records. As per the agreement, please forward the earnest money deposit in the amotint of $1500 as soon as possible. If you have any questions, do not hesitate to contact me at any time. Sincerely, : . a . 7 ib & Pp, mt TARY SHEET bo Ee Ew u : must y Raat 0) WL 23 Pu sy7 PROPERTY ADDRESS: . SELLING AGENCY: SELLING AGENT: PHONE: home{ (att 956: en) cla. soles ons, Bt Wo Ga loge 34 fate Ui dtintorrs aceptione J GEE, bakbog oy [liinteriz Be agpotred fer GoRLTV Mirale a a cela patel fag tec bhde bated Kis ebrses ee a (pny sf Co 0 bo. See ie RE ee a nTea gull Bee mi fy . _ . t f t t Judi Rutland os a ila, eo ) i From: Clara Plummer {[cptummer@resortservices.com] BTR tee Bow toe Seana : Sent: Tuesday, February 16, 1999 11:27 AM ' Mode vp al andl ee eae To: Jamie Forbes OF WUL23° PH 87 a rites Ce: Judi Rutland; Andy Krenkel Subject: RE: BMB Cottage The procedure for me to deal with an escrow dispute begin upon conflicting requests for EMD. What | can do is let Andy sign a request for the emd from the purchaser and then send : that to them return receipt requested and if they will not sign or refuse giving it to us | will file with wa the State. That avenue is very time consuming but itis an avenue. ae Thanks Clara one Original Message----- On RR OR IO ES ho From: Jamie Forbes [mailto:jforbes@resortservices.com] Sent: Saturday, February 13, 1999 5:13 AM : : To: ‘cplummer@resortservices.com’ Subject: RE: BMB Cottage Clara and Judi ee we 0S Re ao | suggest a notice with return receipt from RMS-EC composed by Andy and checked by our closing attorney. He or she should do this for no fee if they are Escrow and closing agent. If Clara is the escrow agent then we will need ot follow FREC procedure as to cancellation. | Clara it apperars | am unable to send this to Judi or Andy without some tech. assistarice this mornig. Please forward form your machine. Thanks Jamie. ~ a Say te ad x _— Original Message----- acc OS oe From: Clara Plummer [SMTP:cplummer@resortservices.com] - Sent: Friday, February 12, 1999 2:30 PM me oo To: jrutland@resortservices.com:; Jamie Forbes, Henry Willson Maclin; Don oes aR hae _. Rutland; Bruce Craul are | Subject: - RE: BMB Cottage ~ Judi, Guys, _ Now | need you to give Sales a clear direction or to have an attorney contact the Stantons. . “Thanks” and “Jeft message at home. Called her work and when she heard that _itwas me, : she put the phone on hold and her co-worker came on and said that she was wi/ : : a customer and would give her a message. Please advise!

Docket for Case No: 01-002918PL