L4- WAZ /d STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION ce FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2002007670 2002007672 RENE BARANES, 2002007673 STEVEN SERLE AND CREATIVE VENTURES OF BOCA, INC. Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Rene Baranes, Steven Serle, and Creative Ventures of Boca, Inc. (“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 Rene Baranes is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 635025 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active salesperson without a current employer with an FDBPR v. Rene Baranes Case No. 2002007670 Administrative Complaint address of 9434 Boca River Circle, Boca Raton, Florida 33434. 3. Respondent Steven Serle is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 3008356 and 364606 in accordance with Chapter 475 of the Florida Statutes. The last licenses issued was as an active broker c/o Creative Ventures of Boca, Inc., 6070 N. Federal Hwy., Boca Raton, Florida 33487 and as an involuntary inactive broker at 2419 NW 32" Street, Boca Raton, Florida 33431. 4. Respondent Creative Ventures of Boca, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1008637 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 6070 N. Federal Hwy., Boca Raton, Florida 33487. 5. At all times material hereto, Respondent Steven Serle was licensed and operating as qualifying broker and officer of Respondent Creative Ventures of Boca, Inc, 6. On or about May 2, 2002, Respondent Serle and Respondent Creative Ventures of Boca Inc. (“Creative Inc”) employed Respondent Baranes as a salesperson 7. On or about May 2, 2002, on behalf of Respondent Serle and Respondent Creative, Inc., Respondent Baranes entered into a listing agreement with Jill Peltz (“Seller”) regarding real property commonly known as 9465 Boca River Circle, Boca Raton, Florida. (“Property”) Copy of listing agreement is attached and incorporated as Administrative Complaint Exhibit 1. 8. On or about May 17, 2002, Respondent Baranes facilitated a purchase and sale contract FDBPR v. Rene Baranes Case No. 2002007670 Administrative Complaint (“Contract”) regarding property between Seller and Alice and Donald Jackson (“Buyers”) Copy of purchase and sale contract is attached and incorporated as Administrative Complaint Exhibit 2. 9. According to Contract, Respondent Baranes was to receive a 3% commission on the sale of Property. 10. At all times material, Respondent Baranes was not registered with Petitioner as salesperson registered under Respondents Serle and Creative, Inc. COUNT I Based upon the foregoing, Respondent Rene Baranes 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 II Based upon the foregoing, Respondent Steven Serle is guilty of having employed any person as a salesperson who is not the holder of a valid and current license as salesperson and failing to ensure salesperson is holder of current registration or license in violation of Section 475.42(1)(c), Florida Statutes and Rule 61J2-5.019, Florida Administrative Code, and therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT II Based upon the foregoing, Respondent Creative Ventures of Boca, Inc. is guilty of having employed any person as a salesperson who is not the holder of a valid and current license as salesperson salesperson and failing to ensure salesperson is holder of current registration or license in violation of 3 FDBPR v. Rene Baranes Case No. 2002007670 Administrative Complaint Section 475.42(1)(c), Florida Statutes and Rule 61J2-5.019, Florida Administrative Code, and therefore, in violation of Section 475.25(1)(e), 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 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 Section 475.25( 1), Florida Statutes (2001) 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 to complete and pass additional real estate education courses; publication; restriction of practice; FDBPR v. Rene Baranes Case No. 2002007670 Administrative Complaint 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 (2001) and Florida Administrative Code Rule 61J2-24.001. f SIGNED this [J] day of Sept , 2002. nt of Business and Professional Regulation By: Director, Division of Real Estate oe FILED ATTORNEY FOR PETITIONER Ospartment of Profane mPa Bat OF Professional Reaulation Divison OF Real Estate CHRISTOPHER J. DE COSTA Florida Bar N° 0271410 ee Senior Attorney, Real Estate | Department of Business and sy ee U4 le2 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 CD/k PCP: MV/NM 9/02 FDBPR v. Rene Baranes Case No. 2002007670 Administrative Complaint NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the 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 of the 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. Exclusive Right of Sale Listing Agreement FLORIDA ASSOCIATION OF REALTORS® ; “Ss This Exclusive Right of Sale Listing Agreement (Agreement") is between Jit Pelz |. an — — : we -... (“Setler’) and Rene E. Baranes. (RE/MAX Services) ~ +. - (Broker’). 1. AUTHORITY TO SELL PROPERTY: Seller gives Broker the EXCLUSIVE RIGHT TO SELL. the real and personal property (coltectively “Property") described below, at the price and terms described below, beginning the 2nd... | da of ___May . . -2002 , and terminating at 11:59 p.m. the ____ist. ss day of Neyvember___, (‘Termination Date"). Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of Agreement will automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge that this Agreement does net guarantee a sale. This Property will be offered to any person without regard to race, color, religion, sex, handicap, familial status, natlonal origin or any other factor protected by federal, state or local law. Seller certifies and represents that he/she/it is legally antitled ta convey the Property and all improvements. : 2. DESCRIPTION OF PROPERTY: (a) Real Property Street Address: 9465 Boca River. Cirale, Boca Raton, Fl 33434 |. . - is Legal Description: Plaasant Lakes ReplL L107. . tne eee eee. Od ‘See Attachment . (b) Personal Property, including apolisnces: Washer. Drvec. Rafrigerator. Dishwasher Microwave, Range. Fans —e aoe. ae CO See Attachment... a (c) Occupancy: Property ™ is [] Is not currently ‘occupied by a s tenant. If occupied, the lease term expires 3, PRICE AND TERMS: Tha property is offered for sale on the following terms, or on other terms acceptable to Seller: (a) Price: $127Z.500.00,_ (b) Financing Terms: —& Cash & Conventional 1] VA C] FHA (Other C] Selter Financing: Seiler wil! hold a purchase money mortgage in the amount of $__.. _.. With the Koiowin, terms: —__. se a _——--____. O Assumption of Existing Mortgage: Buyer may assume existing mortgage for $__._... plus an assumption fee of $=... The mortgage is for a term of __._ ss esars beginning in —.___, at an interest sate of .. .. = % FI fixed (J variable (describe) we — Lender approval of assumption (7 Is required (1 Is not required LJ unknown. Notice to Seller: You may remain llable for an assumed mortgage for a number of years after the Property is sold. Check with your lender to determine the extent of your liability. Seer will ensure that all mortgage payments and required escrow deposits are current at the time of clasing and will convey the escrow deposit to the buyer at closing. (c) Seller Expenses: Salier will pay mortgage discount or other closing costs 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 the Property until a sales contract is pending on the Property. Seller authorizes Broker to: (a) Advertise the Property as Broker deems advisable in newspapers, publications, computer networks, including the in and other media; place appropriate transaction signs on the Property, inctuding “For Sale” signs and “Sald™ signs (once Seer 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 at a cost not to exceed 3 _ A home warranty plan provides for repair ar replacement af many of a hama's mechanical systems and Mejor DURA appliances in the event of breakdown due to normef wear and fear during the agreement period PROPERTY CONOHTION 6. INSPECTION PERICOS: Buyer wit completa the inspections referenced in Paragraphs 7 and 8{aX2) by _WITNIN 1 (wtthin 49) diggs froin Effortive: Dade if tefl blertk) Tinspection Period”), the wood-deatroying organism inspection by _ sapet (prior to closing, ff left blank), and (he walk-through inspection on the day before Closing Dete of any other time agresable to the parties, 7, REAL PROPERTY DISCLOSURE: Seller fepresents that Setter does not know of any facts that Materiaity affect the value of tha Propeny, including Violations of governmental laws, rules and regulations, other than those that Buyer can readily observe of thal are known By or heve Deen disclosed to Buyer. (a) Energy Efficiency: Buyer acknowledges receipt of the Florde Buildi (d] Homeowners’ Association: if Membership in a homeowners’ association Is Mandatory, an sssocition disclosure summary is aftached and incorporated Inta this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL BUYER HAS 8. MAINTENANCE, INSPECTIONS ANDO REPAIR: Selter will keep the Property In the same condition from Effecttye Date untit Closing, excwpl lor normal wear and tear Cmamtenance requirement”) and repairs required by this Contract. Setter wit = provide BCOOSs and utHittes for Buyers inspections Buyer will repair all damages to the Property resulting from the inspections and retum the Proparty to its pte-inepection condition. if Seller is unabis to complete required repairs of treatments prior to closing, Seller wit give Buyer 8 credit at dosing for the cost of the repairs Beller was obligated to make. Selter will assign ail assignebie repeir and treatment contracts to Buyer at closing. {a) Warranty, Inspections and Repelr: (1) Warranty: Seller warrants that non-leated major appliences and neating, cooling, mechanical, electrical, security, Sprinkler, septic and plumbing systems, seawall, dock and pool equipment, if any, are and will be maintained in working Condition until closing: that the structures (Including roofs) and pool, f any, ara structurally sound and wetertight and that any open permits for the Property have been closed out and final inspections will be obtained before the Closing Oste. Setter does not warrant and ra not mid cosmetic conditions, uniess the cosmetic condition resutted from » defect in 2 warranted item. (centinued. .) Buyer fy ee dt } sctretedge recelet of 4 copy of this page, whien is Page 2 of 6 Pages. PARAS Ri a2 Plone Anson of Reghore Aa peered Licwseed to Ale Ser Sowers Use Regs 1442705 Added Formatting Copyright 2000 Mla Saar Sofware, inc, Alt Rights Reserved. (304) 270-4508 EXHIBIT, a PAGE, wT EP A o 0 1 2 ) t | ] Jul 2S G2 O9:45a Donald and Alice Jackson 301-335-1209 Pp. Seller is aot obligated to bring any item into compliance with existing building code regulations unless necessary to repair a warranted len, “Working condition” means Operating in the manner in which the tern was datigned (o operate and “cosmetic conditions” meant seathetic impertections that do not affect the working condition of tha tom, Including pitted marcite: MISsing oF torn acteens other than Missing pool cage or screen room screens. fogged windows, tears, worn spots ang dlacdlaretion uf flug: Guvwityo/swallpepersAvindow treatments, nait holes, scratches, denis, scrapes, chips and caufking in bathroom CellingAwallaMoonngAtieatures/mirrors: and minor cracks in Noor NlesAmadows/dnveway3/sidewalks/pool decks/garage and patio Noors B (2} Profeasionat (nspecticn: Buyer may have warranted deme inspected by a person who specializes in and holds an occupational license (if required by law) to conduct home Inspections or who holds a Florida llcanse to repalr and maintain the items inspected (“professionat inspector”). Buyee must, within 5 days from the end of tne inspection Pariod, deliver written notice of any items that ere not in the condition warranted and 9 Copy of the inspector's writtan report, if any, to Sellar. if Buyer tats to deliver timely wntten notice, Buyer waves Sellers warranty and accepts the ftems listed In Subpsregraph (a) in thei “as is* condittons, except that Seiher must meet the maintenence requirement. (3) Repair: Seller 1 obligated only to make rapairy necessary to bring warranted items into the condition warranted, up to the Repair Limit Setler may, within § Gays from receipt af Quyers notes of tams that are nat in tha eandkion warranted, have a socand inspection made by 9 professional inspector and wilt teport repair estimates to Buyer. iH tha first and second lngpectton reports differ and the parties cannot resotve the differances, Buyer and Seller together wif choose, and equailty spit the coet of @ third incpectar, whose written report will be binding on the parties if the cost to repair warranted items equals of ia Jens than the Repair Limit, Setter will have the repaira mede in a workmantike manner by an appropriately Lima and accepts the balance of the Property in its “as is” candition, {b) Wood-Destroying Organlems: “Wood-destroying organism” means arthropod or plant life, including termites, Powder-post Buyer may, at Buyer's expense and prior fo Closing, heve-tie Property mspected by 8 Flovite-ticansed pest control business to Buyer fais to conduct this 9. Risk OF LOSS: if any portion of the Property damaged by fire or other cea TALE W. TITLE: Seiter will convey marketable titte to the Property by statutory warranty deed of trustee, personal ropresentative or guardian deod as appropriate to Seller's status, (4) Tithe Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accortance with currant title stenderdty adopted by the florida Bar, subject only to the folowing tite exceptions, none of which prevent revidentiai use af the Property: covenents, Casaments and restrictions of record: matters of plat; existing zoning and Government tegutations; all, gas and mineral Tghts of record if thera 's no Nght of entry; currant taxes; mortgages that Buyer will assume: and encumbcances that Sefler wil! discharge at or before closing. Satter will, pror to closing, deliver lo Buyer Setters choice of one of the folowing types of title evidence, which must be Generaly accepted in the County where the Property ls located (specify in Paragraph S{c) the selected type). Seller wilt use option (1) in Palm Beach County and option (2) SOstrect is not available to Seller, then a Prior owner's tithe policy acceptable to the proposed insurer as a base for retasuance of coverage Setier will Pay fer copies of all palicy exceptions and an update in @ format acceptable to Buyer's Cloaing agent from the policy effective date and certified to Buyer of Buyer's closing agent, together with copies of ali Socuments recited in the prior policy and in the updsle Ie Po? policy ie not available to Seller then (t) shove will be the title evidence. Tite widence will ba spore No Iatar than 10 days before Closing Date and Sater yey Ue, ScknowSedge receipt of 2 copy of this page, which Is Page 9 of 6 Popes, MSR oa AmanC eI of Deed ore AR were) Xmen) 10 Als Slay Goltnare Lomas Rep 1442795 pdtw ai Added Formatting Copyright 3800 Ake Siar Sonware, WC. AM Rigtts Reserved. (365) 279-0996 EXHIBIT Saag. _ 2B. -_b — = a3 Jul 25 G2 a¢:46a Donald and Alice Jacksoar 3g01-335-:299 (b) Tithe Exardination: Guyer will examune the htle evidence end deliver wntten notice ta Baller, within 4 gays tom recep of ! Le eviere but no later than closing. of any defects thet make the ttle unmarketesie. Seiler will heave 10 Hays Norn rosaips of Buyer's notlee of defects (“Curative Period’) to cure the defects at Salter'e penta If Seller cures tha defects within tha Curative Period, Sefer wil ceiver written notice to Suyer and the parties will close the transaction on Closing Date or within 10 days from Buyer's ‘eceipt of Seller's notice It Closing Oate has pessed. It Sater a unadie to cure the defects within the Curative Pavtad, Satter wit ceiver written notice 10 Buyer and Buyer will, wihin 10 days from tecelpt of Seter'a notice, ether cancel thie Contract or eccapt litle with e@nsting defects and close the transaction. le) Survey: Buyer may, prior to Closing Dale end at Buyer's apense, have ihe Proparty ‘Sutveyod and doitvor wntten notica to Seller, with 5 days from receipt Of 1urvey but no later than closing, of any encroachments on the Property, ancoechments by the Property's improvements of other lands or deed restriction of Totwg viedalions. Any sucd ancroschment of WolMuon will 08 tasted in the same manner ae 2 tile delect and Buyer's and Seller's obligations wil be determinad in accordance with suoparegrapn (b} above. Y ny pert of the Property hes seaward of the comstal construction control Ine, Sedher will provide Guyer wnh an aMidavit or eurvsay os requited By law dailneating the line's Incetinn An the fengety, untess Arye wasn, Thin Pequirement in writing MISCELLANEOUS 14. EFFECTIVE DATE; TIME: Tha “Effective Cote’ of thas Coniract is Ine date on which the tast of the parties initials of slgns the latest offer Time te of the eesence for aff provisions of this Contract, Ail time pertoda wil be computed in business days (# “Dusiness day" lk avery calender day except Saturday, Sunday and national legal hotigays). Mf any deadline falls on a Seturdey, Sunday o¢ national legal holktay, perlormance wit be due the next Susiness day All tire periods wil and at 5:00 p.m, local tine (meaning im the County were the Mnperty m incated) of ine appropnete aay. 12. NOTICES: All notices well be mace to the parties aod Broker by mal, Dersonal detivery oF electronic madia Buyers failure te Gellver timety written notice to Setter, when Buch notice ls fequired by thie Contract, regarding any contingenctes wilt nender that contingency null art void end the Contract wit be construed os Hf the contingency did not exist. ate ne 4, ASSIONABILITY; PERSONS BOUND: Buyer may not sation this Contract without Seder's written consent. The terma . Suyer,” “Beiter,” end “Broker” may be singuser or plural This Contract la binding on the heirs, edministretors, sxsoutors, hoy ertonal representatives and assigns (if permitted) of Bryer, Better end Brokey. OEF AULT AND-DIGPUTE-REBOLUTION B. DEFALH.T: (2) Setter Outawtt: If for eny reason athertnen tallure of Seller to make Sever's tite Marketable after dligant Tort, Relies tala, rehes or neglects to pertorm thie Contract, Muryer may choaae.to tacalva » oatuinot Baraca. demoed without erving the right to week damages or 10 teek spocitic parformence 8s per Paragraph 16, Seller wit also be lable in Broker for the ee eunt of the brokerage foe. (2) Buyer Default: Bryer fate fo portorm the Contract within the time specified, inchuding rrery barren of ei Sepcets, Seller mey choose to telain end-cobect: el depoets paid -and-egreed to be-paid-ae Kquldebet Mages or lo seek spectic performance a3 per Paragrmph 18; and Broker will, upon demand, receive SOM of aif depots paid “4 egrewd to be pend (to be spit eyumty among cooperating brokers) up to the kel amount of the brokerage hes, ADOENOA AND ADOITIONAL FERNS. . ADDENDA: Tha titiowing addtional term are included In addenda and Incorporated Inte this Cantract (check # apoticabie}: A. Conde Asan CG. New Mort. Rates 1M. Houring Otder Persons =) S. Sale of Buyer's Property 8B. Homeowners’ Asan. tH. As le wRigtt to Inspect GN. Unanprowed/Ag. Prop. Q TF Razaning C. Sater Financing Q |. Seif-trepectons OO. Interest-Geerng Account ©] U Ansignment O. Mart. Assumpition =) J Inauielion Olscloeure IP. Back-up Contract GV. Prop Orciosure Str, E FHA Financing OX Pre 1978 Housing Simt (LBP) Q Broke . Pars int, in Prop O Other F VA Fmannng Qt Fea Iwo Reqd O PB, Rantae GQ Other sed eter | f ] aoknowintye reosiet of « copy of this page, Whicn le Page dof t Page. eee Commanathal Cc] Fetervet |inarnecd tt Ant Ser Satware (met Mag? (4e7>a5 Copyright Ais eta: hamwace, inc. AM Rights Decora 204} tresese a Jul 25 Ge 09:47a Denald and Ai:ce Jackson 301-336-1209 5.7 { 4 Mediation will be in accordance with the rules of the American Arbitration Association ("AAA) of other mediator agreed on by tha parties The parties will equally divide the mediation fes, if any. “Arbitration” ia a process in which the parties resolve a dlspute by a Neering befors @ neutral person whe Gocides the matter and whose decision 13 binding on the panies Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed on dy the parties. Each party to any arbitration will pay as own fees, costs and expenses, including attorneys’ fees. and will equally split the arbitrators’ fees and administrative feos of arbitration. ESCROW AGENT AND BROKER 17, ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other tems in escrow and, sunject 10 clemrance, disburse (ham upon proper authorization and in accordance with the terma of this Contract, including disbursing brokerage fees. The perties agroe that Esctow Agent will not be liable to any persnn for mindelivery of esctowed items to Buyer or Satler, unless the miedativery is due to Escrow Agent's willful breach of thie Contract or gros nagiigence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonabie attorneys’ fees and costs (o be paid fram the escrowed funds of equivalent and charged and awerded #5 court coats in faver of the prevailing party. All claims againat Escrow Agent will be arbitrated, 20 long a8 Escrow Agent consents to arbitrate. 18, PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Geller to verity at! fects and fepresentations that are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, determining the effect of imws on tha Property end transaction, stetwe of title, foceign Investor reporting requirements, ete.) and for tax. property condition, environmentat-and other specialized wdvioe, Buyer achnomedger that Broker does not reside in the Property ond thet nll rapresontations (oral, written or otherwise) by Broker are based on Seller representations of public records unless Broker Inapectors and value, Buyer and Seller respectively will pay sf! costs and expenses, meiuding reasonable attomoys’ tees at ail levels, incurred by Braker and Broker's officers, directers, agents and employees in connection with or arising fron Grryer’s of Selters misstetoment | — oF failure to pectorm cantractualopagations. Btyer and Seller hold harmieas and release Brokat and Broker's officers, directors, ~~ agents and employees trom all liability for loas or damage based on (1) Buyer's or Seller's misatatement os fadura to perform, - contractual obligatons; (2) Broker's parformance, at Buyer's end/or Seller's request, of any task beyond the scope of eavices ” reguiated by Chapter 475, F.G., es emonded, including Brokers taferral, recommendation of retention of any vendor, (3) products ~ - oF services provided by any vendor, and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibilty .- for selecting and compensating tholr respective vendors. “Thia peragreph will not relieve Broker of statutory obligations. For purposes of this paragrapts, Broker will be treated #3 « party to this Contract ‘This paragraph will survive closing. an 19. BROKERS: The ficansae(4) and brokerage(a) named below ere coectively referred to ei “Broker” Sater snd Buyer echnowiedge that the Scokersge(s) named below are the procuring cause of this transaction, Inatruction to Closing Agent, Seller snd Buyer direct closing agent to disburse at closing the full “rrount of the brokerage fees -85 specified in separste brokerage agreements with the patties and cooperative agreements between the brokers, unless Broker has retained such 6 from the escrowed funds. “Inthe absence-of-such brekerege-egreements, closing agent wil disburse brokarage fees as indicated Reel Catete Licensee Reel Esteve Licorsse 38 —___2. BromenBrokerage ee. (5 oF % of Purchase Price) Broke r/Brokerage fee: ($ ar % of Pachese Price): $175 Actm/fee to BUTER ADDENDA AND ADOIMONAL TERMS . ADDENDA: The following additional terms are included in addenda and incorporated Into this Cantrect (check if sppiicable): 20 UA Corto Assn. () G. New Mart Rates Q M. Housing Older Pertons =O S. Sale of Buyer's Property @ B. Homeowners’ Assn = @ H. As Is wiRight to Inspect Q N. Unimproved/Ag. Prop OT, Razoning O C. Sailer Financing OC |. Seif-Inspections 1) O. interest-Bearing Account U. Assignment G0. Mert Assumption J Inaulation Disclosure QP. Back-up Contract @ V. Prop, Disclosure Stmt. O F FHA Financing 2K. Pre-1978 Houaing Stmt. (LBP) Q. Groker - Pers. int in Prop. \() Other Q F. VA Financing Q L. Flood Vv Reqd. OR Rentelx O Other and Sefer {___) {_} scknowtedige recatpt of s copy of thia pega, which 1s Page & of & Pees. @ 7000 Fiance Aseociehon of Restore As Fanarend Licereed 0 ARS Ray Softamre Veer Rage 1442705 Added Formatting Copyright 2000 Stas Soltware, inc. All Rights Reserved. (305} 278-0308 ‘ mn ? EXHIBIT_9 PAGE "Jul 25 02 09:48a Donald ard Alicea Jackson 301-336-1203 me} @ ; . 21, ADDITIONAL TERMS: { a! wuedt (0 recetvy advice of an attorney prior to sighing. This |e Intended to ine a legally binding contract. If not fully understood, seek the OFFER ANO-ACCEPTANCE [Check # applicatie:(] Ruryar received « wettan rea! property disciosure statement from Baller before mating tie CTW.) Sayer otters to purchese the Property on the above tera and condKlone. Untess thiy Cunivans te syinel by Satie on! = lopy Gettvered to Guyer no tater then 5: G0 O am. @ p.m. on May 28, 2002 this offer will be revoked and Buyers deposit refunded subject to clearance of funds. an Phone: Address. Fax. must eign of inktal the counter Offered termes and deliver @ Q Salter counters Buyers offer (to eccept the counter offer, Bu: Copy of the scceptance to Seller by 5:00 p.m. on x je foo ). (Q Sather reyects Buyer's. offer. Buyer * ae (___) ocknondenge receipt of 8 copy of Bua page, whicn Ie Page € of @ Pages. sna Fen, Aecociaton of Raaacra sed oes! Beeman Tcoeaton of Raahors maim ro morecarttan asf eve gel asc ox mmc tcy ary produ of ie Rew BY Pen trenesction ‘This aancardiced (orm would Mh be sed) 13 SOME HOTERETONS Of AR SEENON AAPL OF AONONS, ‘The (OTR a BveREOES Hr Une Dy the entre res! evn MOuerY trenmacton TM Se Oo a ae her 8 aguereS RII OOM aT Ho mY 0 ert ony by rel enn keer tro arm marnre of he Nein Agacciaten of Restore anc] whe gyoecrinn 1 hs Code of The cneyngnt ined of the Unibesd Gtetee (17 & Cone) lorbet wat FARE Rev 1000 © 2000 Floreia Assotistian of Reminrs®. Al Reserved Licareed 1a Aa Sear Sotware Uwe } 9.442706 R Aadrwaee 7 . z meas rice Craumonaed mupsaouaren of Bagnts taema, by wey nena Incheon more OF CETLERENS KITT WE COMPLAINT ia “Jul 25 02 0S:48a Bonald and Alice Jackson 301-336-1209 Rae f BARROS REALTY INVESTMENTS, INC. / SUZAN BARROS ddentyual Sate at unt tarse Cortedet vere? The ctavses below witl be incorporated into the Contrect between (Setter) (Buyer) awed, ty the Plat therecsf racerdad in Plat C and conceming the Property deecnbed ass Bet, vel, only if intitlaved by el! parties: AO ot) H. As ts With Right to Inspect: This clauze replaces Paragraphs 6 and Bof the Contract Pa and Termite Repair Limds are 0%, Heier mabee no warraction oer then [nsteer end twer ¢ Saefier wit 2 ‘ sopoetion Pere iwaa 40 days trom-Effective: Bete Heft-bienk) make any ate et ; oa . The inspection(s} will be by # person who specialized in arid hokis an occupational Norse (if required by law) to conduct hore Ie pwctianss ut Soe ei anes ave wind rranedpers Ure Genre, arypeted, Bayer = copy of the Inspectors writen report, if any, and treatment and rapeir estimates from the Inspector ofp (8) hokding an appropriate Florida Boense to repeir the items inepected. “Any conditions not reported in a tiniely menher be deemed acceptable to Buyer, Buyer may, on the day before Closing Date or any Gther time agresable to the partion, walk thrsugh th Property solely to verity thet Baller hes fuiiled the contractual cbigations. No other insuew may be raised os « reek of we through inspection, “eo FARAB Rev 10000 © 2000 Florkin Asanemiion of REALTORS® All Rights Ramervet Forewaar Litensed to Ale Stas Uner Regt 1442795 Settwure vd Ackted Forwatiing @ 700M) Alba Sling Betmure, imc AD Migivin Ramnerwest. (00) T7O-AGR EXMIRIT 7 P4anc ~ Jul 25 O02 09:49a Domald and Slice Jacksan 301-336-1203 Residential Sele and Pur nace Contact BARROS REALTY INVESTMENTS, INC. / SUZAN BARROS t . Tree vartacd ie Poy en eee EES y The clauses below will be incorporated Into the Contract between ITLL _FELTS _—_—_—-—_-— (Selher) : (Buyer) end DONALD JACK@OM, ALICE JACKSON, JAMIME JACKBOM ~~~ concerning the Property described as: Lot, of , according to the Plat therect recordad in Plat t: ‘L9: only if inttialed by all parties: ( y-( x } B, Mandatory Homeowners’ Association: Sattar's warrenty under Peragreph 8 of the Contract ts limited to the Property and does not extend to common aress Of facilities described below. The following dues are currently charged by the homeowners’ association: $ 1352 per MONTH wv _ AS6ccsATION __ $ per ta ey per lo a - ch RATD Disclosure Summary for (name of community) Co L (4) As 0 purchaser of proparty in hie community, Bayer wil be obligated fo be a member of « hemeowners’ essacieion (2) There have been of wil be recorded restrictive covenents governg the use and occupancy of properties In this community. (3) Buyer wil be obligeted to pay assessments to the association, which sasesamonta sre subject to periodic changes. tthe easocietion imposes @ special zsassament for an Improvement that ia substantialty as of Effective Date, Seiler wit pay -: the asaesament. Buyer will pay aff other ausessments, Salter represents that he/she Is not aware of any pending astesiment © eorcept a8 fotiows: $. per to Buyer's fhlure to pay thane RRaAgaments crukd reudl in A finn on the Propesty 4) Theve cys A’ 16 not an obligation to pay rent or land use fours ‘for recreational or other commonty used feciities #3 obligation of membership Inthe homeowners asantiton if thera fe auch en obligation, the smount of the current objigation te per : (8) The reatricttes covenants 2) can Of cannot be amended without the approval of the axsaciation membership. (8) The statements contained in this disclosure form are nly summary in nature, and, 1 a prospactive purchaser, Buyer should refer to the covenants and the essociation governing . (7) These documents are matters of public record and can be obtained from the record offica In the county where the property located. be Buyer acknowledges receipt of this summary before signing this Contract. eT eae Mitchellville, MD 20721 EXHIBIT, PA banas-toOs 24

Docket for Case No: 02-004127

Issue Date	Proceedings
Dec. 02, 2002	Order Closing File issued. CASE CLOSED.
Nov. 18, 2002	Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Nov. 08, 2002	Respondent`s Unilateral Response to Initial Order filed.
Nov. 05, 2002	Order of Pre-hearing Instructions issued.
Nov. 05, 2002	Notice of Hearing issued (hearing set for December 5, 2002; 9:00 a.m.; West Palm Beach, FL).
Oct. 30, 2002	Unilateral Response to Initial Order (filed by Petitioner via facsimile).
Oct. 22, 2002	Initial Order issued.
Oct. 21, 2002	Administrative Complaint filed.
Oct. 21, 2002	Election of Rights filed.
Oct. 21, 2002	Agency referral filed.