Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: LISA MORRIS
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Locations: Milton, Florida
Filed: Jul. 08, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 27, 2002.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA '
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO
FLORIDA REAL ESTATE COMMISSION ‘oo
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
DIVISION OF REAL ESTATE, D? 7 7) / l,
Petitioner,
vs. FDBPR Case N° 200083965
200182258
LISA MORRIS AND
CATHY LARKER,
Respondents.
/
ADMINISTRATIVE COMPLAINT
State of Florida, Department of Business and Professional Regulation, Division of Real
Estate (“Petitioner”) files this Administrative Complaint against Lisa Morris and Cathy Larker
(“Respondents”) and alleges:
ESSENTIAL ALLEGATIONS OF MATERIAL FACT
1. Petitioner is a state government licensing and regulatory agency charged with the
responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of
Florida, in particular Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the
rules promulgated pursuant thereto.
2. Respondent Lisa Morris is and was at all times material hereto a licensed Florida real
estate broker, issued license number 0640552 in accordance with Chapter 475 of the Florida Statutes.
The last license issued was as an active broker-salesperson with Fairfield Communities, Inc.,5259
Coconut Creek Parkway, Margate, Florida 33063.
FDBPR vs Lisa Morris FDBPR Case N° 200083965
Administrative Complaint
3. Respondent Cathy Larker is and was at all times material hereto a licensed Florida real
estate broker, issued license number 0395278 in accordance with Chapter 475 of the Florida Statutes.
The last license issued was as an active broker at Emerald Shores Realty, Inc., 8182 Navarre Pkwy.,
Navarre, Florida 32560.
4. At all times material hereto, Cathy Larker (Respondent Larker) was and is a licensed real
estate broker.
5. At all times material hereto, Lisa Morris (Respondent Morris) was and is a licensed real
estate broker registered as a salesperson.
6. At all times material hereto, Respondent Larker was broker of record for Emerald Shores
Realty (Emerald Shores).
7. On or about July 28, 2000, Respondent Morris mailed a letter to Malynda Miller (Seller),
owner of a vacant lot commonly known as Lot 8 Block 193, Navarre, Florida (subject property). A
copy of the letter is attached hereto and incorporated herein as Administrative Complaint Exhibit 1.
8. After receiving the letter, the Seller telephoned Respondent Morris and informed
Respondent Morris that the Seller had already listed the subject property with Holley Properties until
December 7, 2000.
9. On or about August 2, 2000, after Respondent Morris told the Seller two listings were
allowed, the Seller also listed the subject property with Respondent Morris and Emerald Shores. A
copy of the new listing agreement is attached hereto and incorporated herein as Administrative
FDBPR vs Lisa Morris FDBPR Case N° 200083965
Administrative Complaint
Complaint Exhibit 2.
10. On or about October 10, 2000, Respondent Morris faxed the Seller a copy of the listing
agreement.
11. Respondent Morris did not tell the Seller that if the property sold while both agreements
were effective, the Seller would have to pay both commissions.
12. After learning from the Holley Properties listing agent that she would have to pay two
commissions, the Seller contacted Subject Morris and requested to be released from the listing
agreement with Emerald Shores. A copy of the letter is attached hereto and incorporated herein as
Administrative Complaint Exhibit 3.
13. Respondent Morris refused to release Seller from the listing agreement.
14. Respondent Morris was unable to provide Petitioner’s investigator with any proof that
from August 2, 2000 to September 18, 2000, Respondent Morris made any attempt to list or
advertise the subject property as required by the listing agreement.
15. During the investigation, Petitioner’s investigator requested copies of the listing
agreement from Respondents venfying when the Seller was provided a copy of the listing agreement.
16. Respondent Morris provided two different versions of the signature page of the listing
agreements. Copies of the signature pages are attached hereto and incorporated herein as
Administrative Complaint Exhibit 4.
17. During the investigation, Respondent Larker admitted to Petitioner’s investigator that
FDBPR vs Lisa Morris FDBPR Case N° 200083965
Administrative Complaint
due to illness of Respondent Larker’s husband, she has not been monitoring her sales agents. A copy
of the letter is attached hereto and incorporated herein as Administrative Complaint Exhibit 5.
COUNT I
Based upon the foregoing, Respondent Lisa Morris is guilty of having failed to give the
principal a legible, signed, true and correct copy of a listing agreement within 24 hours of obtaining the
written listing agreement in violation of Section 475.25(1)(r), Florida Statutes.
COUNT II
Based upon the foregoing, Respondent Lisa Morris is guilty of fraud, misrepresentation,
concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in
any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
COUNT I
Based upon the foregoing, Respondent Lisa Morris is guilty of having operated as a broker
while licensed as a salesperson in violation of Section 475.42(1)(b), Florida Statutes and, therefore, in
violation of Section 475.25(1)(e), Florida Statutes.
COUNT IV
Based upon the foregoing, Respondent Cathy Larker is guilty of having failed to give the
principal a legible, signed, true and correct copy of a listing agreement within 24 hours of obtaining the
written listing agreement in violation of Section 475.25(1)(r), Florida Statutes.
FDBPR vs Lisa Morris FDBPR Case N° 200083965
Administrative Complaint
COUNT V
Based upon the foregoing, Respondent Cathy Larker is guilty of culpable negligence, or breach
of trust in any business transaction in violation of Section 475 .25(1)(b), Florida Statutes.
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 of the Florida Statutes, 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 investi gative 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 Section 475.25(1), Florida Statutes (1999)
and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for
violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s),
include: revocation of the license, registration, or permit; suspension of the license, registration, or
permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000
for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of
probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee
FDBPR vs Lisa Morris FDBPR Case N° 200083965
Administrative Complaint
to complete and pass additional real estate education courses; publication; restriction of practice;
injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the
foregoing which may apply. See Section 455.227, Florida Statutes (1999) and Florida
Administrative Code Rule 61J2-24.001.
SIGNED this_!4 dayof___AsdU , 2001.
Director, Division of Real Estate
Deptrtment o!
Ree
ATTORNEY FOR PETITIONER
Juana Watkins
Florida Bar N° 0192112
Senior Attomney
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
JW/k
FDBPR vs Lisa Morris FDBPR Case N° 200083965
Administrative Complaint
PCP: TR/HF 11/01
NOTICE TO RESPONDENTS
PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes
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, Florida Statutes; 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.
INDEPENDENTLY
OWNED ANC OPERATEb/y 28, 2000
“PO. 86x 5
8182 NAVARRE PARKW,
NAVARRE, FLORIDA azsag
OX 5520
(A
‘Y
OFFICE: (850) 939.2874
FAX: (850) 99-2346
emerald@gnel.com
Ema:
Dear Friend
We, at Emerald Shores Realty specialize in Properties in Holley by the Sea
and Hidden Creek, We wanted to drop you a line to let you know that the
ared Is experiencing renewed interest, growth and development.
The reasons are many: The quality of life is unsurpassed due to the
amenities offered by the Recreation Center and the large 1/2 acre tree Silled
lots are in demand A Iso, new home butiders are interested in purchasing
lots on which to build new homes,
1-888-200-8662 or by e-mail LkMorris @aol.com if I can assist you in
Selling your Property. Listing commission rate is negotiable,
Sincerely, ‘
in Ge
Broker/Associate
P.S. Ifyou are Paying taxes and association fees on a property that ‘you
@ré not able to use or enjoy- "Don't Delay—Call Today” (We can put your
hard earned money back in your pocket)
ey
,
aa
ADMINS PR COMPLAINT
EXHIESS ene ,
PAGE ___ 7
—_
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Exclusive Right of Sale Listing Agreement
FLORIDA ASSOCIATION oF REALTORS® &
This Exctusive Right of Sale Usti Agreement ("Agreement") s between . ,
~ hillek AND MALIA LL. Mister AS wW (Seller) and
been = Paid Sp 2e $s Thy ° a
_. E. ses PUT . . -— (Broker*),
1. AUTHORITY TO SELL PROPERTY: Seller gives Broker the [XCLUSIVE RIGHT TO SELL the reat and personal property
{collectively “Property") described below, at the price and terms described below, beginning the 7 A
tf nga se . 2886, and terminating at 11:59 p.m. the __ ane day of hates b 2o0 f
ate"). Upon full execution of a contract for sale and purchase of the Property, all rights and ‘Ctigations of this
Agreement will automatically extend through the date ef the actual closing of the sales contract. Seller and Broker acknowledge
sex, handicap, familial status. national origin or any other factor protected by federal, state or local law, Seller certifies and
represents that he ‘she /M_ is legatty entitled to Convey the Property and all improvements,
2. DESCRIPTION OF PROPERTY:
{a) Reat Property Street Address: ___ xX x w Mrnates a
coe . Maverre FC Baseé¢ einen
Legal Description. OS go TP pe Bteck 79% 5, m= = 2, She Sea.
. we ee Adtachment tex Oe cest iD
0b) Personal Property, including appliances: MSE TL VR LF AR! . ;
_ “See Attachment...
(c) Occupancy: Property [7 is Sis hot currently occupied by a tenant. If occupied, the lease term expires |
3. PRICE AND TERMS: The roperty is offered for sale cn the allowing terms, or on other terms acceptable to Selier:
{a) Price: LS. On FE .
(b) Financing Terms: [Cash Bx Conventionat D VA 2) FHA WJ other .
=} Seller Financing: Seller will hold a purchase money mortgage in the amount of $ A ZL A with the following
terms:
—J Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ . vesuees. PIUS Bn assumption
fee of S$ . The mortgage is for a term of ——_______ years beginning in _____. at_an interest rate
of. . % LI fixed [71 variable (describe) wpe ea be Loe
Lender approval of assumption C is required “J is mot required ( unknown. Nolice to Seller: You may remain liable for an
assumed mortgage lor a number of years after the Property is sold, Check with your lender to determine the extent of your
liability. Seiter will ensure that all mortgage payments and Fequired escrow deposits are current at the time of clesing and will
convey the escrow deposit to the buyer at Glos ing.
(c) Seller Expenses: Seller will pay mortgage discount or other closing casts not to exceed
price; and any other expenses Seller agrees to pay in connection with a transaction,
4. BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell tne Property until
a sales comract is pending on the Property. Seller authorizes Broker to:
{a) Advertise the Property as Broker deems advisable in Newspapers, publications, computer networks and other media; place
appropriate transaction signs on the Property, including "For Sale” signs and “Sold” signs (once Seiler signs a sales contract);
and use Seller's name in connection with Marketing or advertising the Property:
(b) Obtain information relating to the present mortgage(s) on the Property.
(c) Place the Property in a muttiple listing service (MLS) Seller authorizes Broker to report to the MLS / Association of
Realtors® this listing Information and price, terms and financing information on any resulting sale. Seller authorizes Broker,
the MLS and/or Aseociation of Realtors® to use, Ilcense or sell the active listing and sold data.
(d) Provide abjective comparative market analysis informatlan to potential buyers: and
(e)} (Check if applicable) oh @ 3 lock box system to show and access the Property. A lock box does not ensure the Property's
€
% of the purchase
security; Setfer 5 advis Secure oF remove valuables. Setier agrees that the lock box Is for Seller's benefit and releases
Broker, persons working through Broker and Broker's local Realtor Board / Association from ail liability and responsibility in
connection with any loss that occurs. AU] Withhotd verbal offers. —! Withhoid all offers once Seller accepts a sales contraci for
the Property. / Me
(f) Act as a transaction broker,
=RS-Ab Rev.i0S9 ©1998 Florida Association of REALTORSY Ail Rights Reserved Page 1 of 3
“hig form 2s licensed fer use with Foapyy—uslaytuor® Forms < fare By ISS MeAlliarer Publishing, Inc. BCO38e-1027
Misia oD DUVBL AIT
hetp://nw4l.1 st-place,net/mvp/flyerok. chat HiE 17 ice! ee 07/28/2000
ert By: 5 339 2728; wun-28-01 11:34AM; “age 3/5
13 Lae 19 Page 2 of 2
5. SELLER OBLIGATIONS: In consideration of Broker's obligations, Selfer agrees to:
(a} Copperate with Groker in carrying aut the purpase of this Agreement, including referring immediately to Broker all inquiries
regarding the Property's transfer. whether by purchase or any other means of transfer.
(0) Provide Broker with xeys [o the Property ard make the Property available for Broker to show during reasonable times.
{c} Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property.
(d) To indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including
attorney’s fees. and from ilability to any person, that Broker incurs because of (1) Seller's negligence, representations,
misreprasentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed mater{ai facts about the
Property, cr (4) a court or arbitraticn decision that a broker who was not compensated in connection wih a transaction s
entitled ta compensation from Broker. This clause will survive Broker’s perfarmance and the transfer of title.
{e) To perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445).
() Make all legalty required disclosures, including all facts that materiality affect the Property's value and are not readily ob-
servable at known by the buyer. Seller represents there are no material facts (bullding code violalions. pending code citations,
unobservable defects. etc.) cther than the following: ; LA
Seller will immediately inform Broker of any material facts that arise after signing this Agreement.
(g} Consult appropriate professionals for related legai, tax, properly condition, environmental, foreign reporting fequirements and
other specialized advice.
6. COMPENSATION: Seller wil compensate Broker as specified below for procuring a buyer who is ready, willing and atte to
purchase the Property or any interest In the Property on the terms of this Agreement of of any other lerms acceptable to Setler.
Seller will pa fas follows (plus applicable sales tax):
(a) .-...¢. 9. _... % of the total purchase price OR $ VA. . , fo later than the date of closing
Specified i Sales contract. However, closing 's not 2 prerequisite for rs fee being aarned,
(b)____ Cr %) Of the Consideration paid for an option, at the time an. eption is created. If the option is
exercised. Seller will pay Broker the paragraph G(a) fee, less the amount Broker received under this subparagraph.
(3) Mh / (S of %) of gross lease value as a leasing fee, on the date Seller enters into a lease or agreement to
tease, whic! ris soonest. This fee is not due if the Property is or becomes the subject of a contract granting an exciuaive
right to fease the Property.
(d) Broker’s fee & due in the following circumstances: (1) if any interest In the Property is transferred, whether by sale, lease,
exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by
Broker, Seller of any other person. (2}/f Seller refuses or faits to sign an offer at the price and terms stated in this Agr men
defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract. (3) If, within Wie
days after Termination Date ("Protection Period), Seller transfers or contracts 10 transfer the Property or any interest in the
Property to any prospects with whom Setlar, Broker or any real estate {censee communicated regarding the Property prior to
Termination Date. However, no fee will be due Broker if the Property is relisied after Termination Date and sold through
another broker. ry,
{e} Retained Deposiis: As consideration for Broker's senices, Broker is entitled to recewve __./ (FE % of all deposits that
Setlec retains as liquidated damages for a buyer's default in a transaction, not to exceed the paragraph 6(a) fee.
7. COOPERATION WITH OTHER BROKERS: Broker's office policy is to cooperate with all other brokers except when not in
Seller's best interest. and {o offer compensation to: Buyer's agents, who represent the interest of the buyer and not the
interest of Saller in a transaction, even if compensated by Seller or Broker. 2
their rights te the undivided fayaity gf the licensee. Ths aspect of fimited representation allows a licensee to facilitate a reai
tate transaction by assisting both the buyer and the seller, but a licensee wii nat work to represent ane Party fo the detriment
the other party when acting 2s a transaction broker to bot parties,
O8 014.00
te
form is available for use by the entire real estate industry and Is net intended ta identify the user as 3 REALTOR. REALTOR i3 a registerag
ctlve membership mark which muy be used Only by real estate licarcees wto are MEMbers of the National Association of REALTORS and wr
cribe to its Coda of Ethies, The copyrignt taws of tna United States (17u.5, Code) forvia rhe UFAUTherized reproduction of blank forms by any
t& Including facsimile or computerized forms,
tb Rev. Joma © 1280 Florida Association of REAL ToRsa A Rights Reserved
form is licensed for US@ with Forrresieto Farms Software by ISG McAllister Punlishing, inc 600-326-1027
EVE OO Tea NT
ittp://nwl. | st-place.nevmnvp/flyetak:ctim Oy Kk. — 07/28/2000
PAGE OF Le Page
Exhibit
PVF 21 oj wer 2 c
TL eee ee Page Jorg
TRANSACTICN BRCKER NCTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE To
SUYERS AND SELLERS THEIR ROLE AND DUTIES iN PROVICING A LIMITED FORM OF REPRESENTATION,
AS a transaction broker. EVAL AL SEA CO - — and its asscciates,
provides te you a iimited form of representation that includes the fetlawing duties:
3. Using skill, care, and Gtligence in the trans action:
4. Disclosing ail mown tacis that Matenaily affect the value of residential real bfoperty and are no readily observable to the buyer
3. Presenting ail offers ang counteroffers in a timaly manner, unless 3 party has previously directed the licensee otherwise in writing
8. Limited confidentiality, unless waived in writing by 2 Darty. Tris limited confidentiality will Prevent digclosure that the Seller wilt
accept 3 once jess than the asking srlistad pries, that the buyer will pay a Pilce greater than me price SUDMiTed in a written sffar, of
ihe motivation of any Darty for selling cr buying Property, that a seller or cuyer will agrae tc financing torms sther than those oifered, or
7. Any 3dditional duties that ara entered inte dy this ar by sesarate whiten agreement.
Limited representation means that a buyer or selleris not responsible for the sets of the licensae. Additionaity, parties are giving up
their nights tc the undivded loyalty of the ficenses. This aspest of limived repraséntaticn allows a licensee to facilitate a real estata
Tarsaction by assisting both the buyer and the sailer. but a licensee will pet Wark to reprasent one party te the detriment of. the other
arly when acting as a transacticn broker to beth parties. }
\
CF+o2 “Of
— -
Cate Signature Signature U
3. CONDITIONAL TERMINATION: At Seller's request, Broker may agree lo conditionally terminate this Agreement. if Broker
agrees te conditional termination, Seller must sign a withdrawat agreement, reimburse Broker for ail direct expenses incurred in
Marketing the Property and pay a cancellation fee of 5 wa AMO AY Ets apolicable sales tax. Broker may void
the conditional termination and Selter wilt pay the fee Stated in paragraph 8a) less the cancellation fee if Selter transfers or
contracts to transfer the Property or any interest in the Property Guring the time periad from the date of conditional termination
ble.
Usting Associate , and Listing Broker ( )agree that dispaites not resolved by mediation will be setiled by neutral f he
binding arbitration’ in the county in which the Property is located in accordance with the rules of the American Arbitration —
Association or other arbitrator agreed upon by the parties, Each party to any arbitration or Itigation (including appeats and
14. MISCELLANEOUS: This Agreement 's binding on Groker’s and Seller's heirs, Personal representatives, administraters,
Successors and assigns. Broker May assign this Agreement to another ‘isting office, Signatures, initials and modifications
communicated by facsimile will be considered a5 originals. The term “buyer” as used in this Agreement includes uyers, tenants,
exchangors, optionees and other categarles of potential of actual trpnsterees
P LRA ba: .
vr atl . a
Date: OF €2 fo Setter Nr vi wi! Tax 10 No: ALS] 72. C257
Home Telephon, Su?) GY2- SH ‘ol Work Telephone: . aa Facsimile: .
Address; #2... Box 23 |
ORRBABEE pe Ok Mie 125 72
Us tax NOK NIA UAS 7, Daye
Dates 7 Y OA~Ge . Seller:X!: AA {
Home Telephone: Se .. Work Tetephone: . Facsimile: | ~
Address: a ee, — . oe
Date: CO Pf et ee Authorized Listing Associate or Broker:
rokerage Firm Name: ga Agee. Stecics
Address: a PD we teee at tue €
“ofy returned to Seller onthe day of
he Floriaa Association of REALTORS® makes reorasentatian ag to the legat :
aneaction. This standardized form Shautd Aol be Used In comalex for use
membership mark
lo subscribe ta its
ode of Ethics
Ne C3pyright (aws of the United States G7 Us, Code) forbid the Unauthorized *eproduetion of this term by any means including Jacsimita or
MpUtArized forms, ,
{Sab Rev. (O59 £1989 Floriag Association of REALTOR@D All Rights Reserved Jor
NG form is lcanserd for uma with Porrudatue” Zcrms Sorwam py isc McAllister Publishing, inc 300-336-1027 Page se
http://nw4L. 1 st-place, netvmvp/tlyerok cfm 07/28/2000
EXHIBIT
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MILLERS FUEL INC, .
. MILLER il
WOME HEATING FUEL
P.O, Box 240
AuBabie Forks, NY 12912
From: Medunols, :
@lapni
one 518-047-5104
Pax 518-647-5378
To: Naren Miorre >
Date: :o] u /oo
®
Total Pages Including Cover: |
Comments: Qs Oromissed (ped
Casting right oF Sale vol Wolly Properties
Cxp.patt Mee TH. Please YnJ my
VbIDED Contract Pawar ,
lag Exhibit__“7___ Page 7
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vun is Ol Usiada CAPLS Stapleten 850-S39-3346 p.s
Tst Place TS P2002 Oly
TRANSAS HON SROKE™ NOTICE
FLORIDA L/QN ROQUIRES THAT REAL ESTATE LICE SEL: GPERATING AS TRANSACTION BROKERS DISCLOSE To
SuveRSs ‘ SS THER #OLE AND DUTIES IN PROWIDING A LIMITEO Foamy OF REFROSENTATION.
ACAD Sf la BIS LCA t an
wt form of
felon thet incleses the feltimng dutios:
ily. .
&. Using 1 yan pice ur the cian: :
4. Disclosing all known fects that materi ly affect the vatue of rasidential real propariy avic ure not reacily oservabte tu the buyer:
3. Presenting ull offere anc countevaffers in & Umely manner, unless Party as provienaly clracted the licens oe otherwing in writing:
. Liteted canvicantianty, unless waives on wnfing by a party YhHis limited contides ality Will provent diseleasure tay the scller wrt
Scctpt & aries loss than the Ng of istes pica, that the buyyr will pay a price greater than the pice subntited in a written offer, of
the Motvation of any party In¢ 19 CH Duving praoerty, tha “for buyer wil! saree to finan: aterms other than these Ooffeed, ur
of any other information requested dy a party to remain confi and
7. Any additional dutics that are entered inio by this or by separate written agreament .
Limited reprosentation means that a buyer or seller is not responcidle for the acts of the licensee. Additionally, parties are giving up
ther nights to she undivided loyalty of ine liteasee This atneci of mired Threseniation alluws a licensed to facibtate a real actate
trausacton Sy assisting both the buyer ang tha seller, but a figanseoWil Work to represent one party to tho detrimeni of the other
party when ccting as a transaction broker to bothparties, y+ Laie . . Lo
- ( \ \ i AY | ae, it
OF C2 20 ean LOVIN \ MA. KAW aL wets, =? a AAA
Date Signature \ ; Signature ‘
9. CONDITIONAL TERMINATION: At Settler's request, Broker may agree to conditionally terminale this Agreement. If Broker
agrees to conditional termination, Seller must sigh a witharawal gree vent, reimburse Broker for ali direct expenses ingutred ity
marketing the Property and pay a cancelation fec of $ ION & plus applicable saics tax. Broker May VoIG
the conditional termination and Salter with pay the fee stated in paragraph 6(a) less the cancellation fee if Seiler transfers or
contracis to transfer the Property or any interest in: the Properly during the timo period from the date of Conditional termination
to Termination Date and Protection Period, if upplicadle.
10. DISPUTE RESOLUTION: This Agreement will be consirued under Florida faw. All controversies, claim and other matters in
question beiween the parties arising out of or resating to this Agreement or the breach thercof will be settled by first aitempting
n arises
3 acree
Mediation under the rules of the American Mcdiation Association or othcr mediator agreed upon by the parties. If titig
out of this Agrcement, the prevaiting party wil be entitled to recover reasonabia attorney's foes and costs, uniess the pa
that disputes will be, Settiod by arbitration us follows: Arbitration: By initiating in the space provided, Saite 4h evtiel hd),
Listing Associate £67749 and Listing Broke; (___.) agree the! disputes net resotves by meciation witi be settled by neutral ae
binding arbitration” if the cuunty in which the Property is located in aecordance with the rules of the American Arbiiration peau
Association of other arbitrator agreed upon by the partics. Each party to any arbitration or Htigation (inchicing appeals and
interpleaidcrs) wit pay tts own fecs, costs and expenses, including atiornay's fees, and wil! cquatly split (he zrbitraiors' fees and
adminisirative fecs of arvitration,
41, MISCELLANCOUS: This Agreement is binding on Broker's and Settes's heirs, persona! representatives, administrators,
Successors and assigns. Broker may assign this Agrecinent to another listing office. Signatures, initials and modifications
communicated by facsimilc will be considered as. originals, The term. "buycr" as used in this Agreement includes buyers, tenants,
exchangors, optionees and other categories of potontial or ctual upfisterecs.
NAN et 4 Hy Oe
Date: _ OP-O2 TCO Setter: oN! q] f Tax ID No: ABU 77 O 2.5 7
flome Telephont: 3/2) Gy v- Stel Wark Telephone: - Facsimile:
Address’ PO OK 23 ~~ f ALU ALE FCRES, MEY 12972
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Date: AP od 00 sottor OMA cay Gea “V\A \ ( (a Tax 1D NoX, \ 1S ae ds IG
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Home Teicphonc: See ae Work Telephone: Facsimile:
Address: Foe ee . Cee .
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Date: . 2) Paz te . Authorized Licting Acsociate or Broker yo ;
.~ ye ve + 7 42) amen .
Brokerage irm Naint: OTHE SHORES we ECRELT§ Lo Sehopvond, 50) G2q. ma ay
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Tre Floricta nerfed of REALTORSG! makes no Fepcaseniation az to the vega CE or adeg racyol hE Oae of this form in arfAseninid
Traniaction, ‘iho, A form should hut be used In complex tranwactions or withe teasive riders or adétions This torm is avaltatne for use
be the entice and 1s not intended to ideniity the user asa REALTORG RCALTOR® ina registered collective membership merk
omy by Testevtiove Heenca.s whe are momuers of (he NATIONAL ASSOCIATION GE Ry ALTUR (2 fe Very J its: to iti
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lawo of the United States (17 U.S. Code) forbid tho unauthorized reproduction of thd form by any ménns inchudin
td forms
faczimde or
Rev. 100 Florida Association of REALTOR SM Alt Riahis Roserved Page Jot3
heensond for use vel Foaometatost UNS SORware DY ISS MeAiligtes Publishing, Inc 800.346.1027
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TRANSACTICN 8ROKER NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES op
ERATING AS TRANSACTION BROKERS DISCLOSE To
BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING 4 LIMITED FORM OF REPRESENTATION.
As a transaction broker, GIRALE ALL) Sy = Meee i and its associates,
Provides to you a limited form of representation that includes the following duties:
1. Dealing Acnestly and fairty
2. Accounting for ail funds: ”
3. Using skill, Cafe, and diligence in the transaction:
4. Disclosing ail known facts that materially affect the value
5. Presenting ail offers and counteraffers in a timety manner.
of resicential real Property and are not readily obServabla to the buyer:
erwise in writing:
that the seller wilt
will pay a price Greater than the pnce Submitted in a written offer, of
eller cr buyer will agree tc financing terms other than those offered. or
of any other infarmation requested by a Party to remain confi
7. Any additionai duties that are entered into by this or by s
‘ans that a buyer or Selleris not fesponsibie for the ac
ts of the licensee Additionaity, Parties are Siving up
their nghts to the Undivided loyalty of the ti
esentation allows qa licensee to facilitate a reat estate
. ork to represent one Party to the detriment of the other
Party when acting as a transaction broker to both parties. ae {
t
agrees to conditiona} termination, Seiter must sign a withdrawal agr
Marketing the Property and pay a Cancellation fee of $
aragraph 6(a) less the Cancellation fee if Seller transfers or
Contracts to transfer the Property or any interest in the Property during the time Period from the date of conditional termination
to Termination Date and Protection Period, if applicable,
Association or other arbitrator agreed upon by the parties, Each party to any arbitration or litigation (including appeals and
interpleaders) will Pay its own fees, costs and expenses, including attorney's fees, and will equally split the arbitrators' fees and
administrative fees of arbitration,
Date: OF ©2 £0 Seller; SY ; Tax ID No: K/L} ALG 255 .
Yome Telephone: S/ ?) é 427: Sle / Work Telephone: on . Facsimile: ae
Address: fe 518) 647 Bow 23 re ALeABee eX Sr 2942.
late; FY o Q~@6. — Setter: Mat uy the by Tax IDNOK \ 1% faa £2940 .
dé
lome Telephone: sees Work Tetephone: . Facsimile: __ ..
ddress: -_ ~ " te ote -
ate: EF eteo Authorized Listing Associate or Brokar:, LF
‘okerage Firm Name: <7 LATED SHekes
idress: RS aware kee kit cee
“py returned to Seller on the
sentation as to the tegai validity or adequacy ofa
Nsaction. This standardized form should not be useq j i
the entire reat estate industry and is not intended te id.
who are members of the NAT}
'@ of Ethics
Sogyright laws of the United States O7 US Cade) forbid the Unauthor ize reproduction of tn
iputerized forms,
ath Rev. 1099 91999 Florida Association of REALTORS® All Rights Reserved P. F3
form is hcrased for une with wmUlatar” Forms Software dy Isc McAlister Publishing, Inc 800-336-4027 “se3e
Ares. STE
http-//nw4l. 'st-place. net/myp/fyérok ’ ;
f 1 P. nye Ok. cfim 1. 97/28/2009
ae «gf .
EMERALD SHORES REALTY, INC. O2 yy ne ee
P O BOX 5520 a) p,
NAVARRE, FL., 32566 4
(850) 939-2874 “is
(850) 939-2346 (FAX)
July 2, 2001
Mrs Diana L. Woods
Investigator II
Bureau of Enforcement
Department of Business and Professional Regulation
7944 Front Beach Road
Panama City Beach, FL., 32407
RE: DBPR Case E2001-82258
Dear Mrs Woods:
I received your letter Saturday concerning the above case number.
As I mentioned to you in our prior meeting, I was not aware there had been a complaint
issued against one of our agents, Lisa Karen Morris, relating to a dual listing. Had I been
made aware, I would have instructed Ms Morris to remove the listing from the Multiple
Listing Service immediately and advise the other agent and client she had done so.
I was also unaware the listing was not sent to the client within 24 hours.
My other complaint refers to failure to control or manage the activities of another as
required by Section 475.01. I am the broker of record and realize I should be monitoring
the actions of the agents more closely.
AU WHO TMA EYE Usnit rit
EXHIBIT #
PAGE .__. {__ OF
a
AS raye Se
Exhibit__7 > _—.
In the past six years, my husband and I have been through the three hurricanes with severe
damage to our home. We had to relocate for nine months with Hurricanes Erin and Opal.
In the summer and fall of 1996, my husband had a heart attack and was diagnosed with a
benign brain tumor. He is also severely hearing impaired because of a genetic disorder and
the brain tumor. He also has very limited eye sight due to one disorder and the other is
unknown. He had full myectomy surgery for his eye condition “blepharospasm” three
years ago. After that time, he has developed “spasmodic torticollis which have affected him
greatly. I have spent the last five years taking him to medical facilities, such as Mayo
Clinic in Jacksonville, Shands Hospital, USA in Mobile, and UAB in Birmingham, for his
different disorders. My husband’s driving is limited to local driving. I drive him to Fort
Walton, Pensacola and Milton for business, etc, and also any out of town driving. He can
see at a distance but is very restricted in his ability to read beyond one paragraph. We are
constantly searching information by joining all the associations and foundations which
address his particular disorders as well as searching medical professionals through the
Internet. My husband has had other illnesses since his other problems manifested
themselves.
This has taken so much of my time. I handle the bookkeeping for his development
companies as well. I am now aware of my shortcomings and would like to see this matter
remedied as soon as possible. Please advise what other information I need to provide to
you.
Sincerely,
ADMINISTRATIVE COMPLAINT
a.
EXHIBIT, # 5
PAGE A__ OF _&
Exhibit __ Page 7
Docket for Case No: 02-002716PL
Issue Date |
Proceedings |
Aug. 27, 2002 |
Order Closing File issued. CASE CLOSED.
|
Aug. 23, 2002 |
Joint Motion to Relinquish Jurisdiction (filed via facsimile).
|
Aug. 20, 2002 |
Motion to Continue and Re-Schedule Hearing (filed by Petitioner via facsimile).
|
Jul. 25, 2002 |
Notice of Hearing issued (hearing set for August 29, 2002; 10:30 a.m.; Milton, FL).
|
Jul. 16, 2002 |
Joint Response to Initial Order (filed via facsimile).
|
Jul. 09, 2002 |
Initial Order issued.
|
Jul. 08, 2002 |
Answer to Administrative Complaint filed.
|
Jul. 08, 2002 |
Election of Rights filed.
|
Jul. 08, 2002 |
Administrative Complaint filed.
|
Jul. 08, 2002 |
Agency referral filed.
|