STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION oe a FLORIDA REAL ESTATE COMMISSION < FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2003077160 2003077162 ENRIQUE SUAREZ AND ENRIQUE SUAREZ REALTY, INC., Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Enrique Suarez and Enrique Suarez Realty, 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 Enrique Suarez is and was at all times material hereto a licensed Florida real estate broker, issued license number 126121in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker with Enrique Suarez Realty, Inc., 12359 SW 132 Court, Miami, Florida 33186. FDBPR v. Enrique Suarez Case No, 2003077160 Administrative Complaint 3. Respondent Enrique Suarez Realty, Inc., (“Corporation”) is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1003724 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 12359 SW 132 Court, Miami, Florida 33186. 4. At all times material hereto, Respondent Enrique Suarez was licensed and operating as qualifying broker and officer of Respondent Corporation. 5. On or about January 21, 2003, Respondents facilitated a contract for purchase and sale between Angelica De Moya (“Seller”) and Hanos and Efrain Pinto (“Buyers”) regarding real property commonly known as 11955 SW 133" Terrace Miami, Florida. A copy of the contract is attached and incorporated as Administrative Complaint Exhibit 1. 6. The contract required that Buyers deliver an initial deposit of $1000 upon acceptance and to deliver an additional $12,000 by February 3, 2003. 7. The contract was contingent upon Buyers obtaining financing by February 15, 2003. 8. On or about January 21, 2003, Buyers delivered a check for $1000 to Respondents. 9. On or about March 28, 2003, Seller placed a demand on the deposit. 10. On or about March 29, 2003, Buyers refused to sign a form releasing the deposit to Seller. 11. At all times material, Respondents failed to notify the FREC of an escrow dispute. 12. At all times material Respondents failed to institute the required settlement procedures, FDBPR v. Enrique Suarez Case No. 2003077160 Administrative Complaint 13. Atall times material Respondent failed to return the deposit to Buyers. COUNT I Based upon the foregoing, Respondent Enrique Suarez is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT II Based upon the foregoing, Respondent Enrique Suarez is guilty of failure to provide written notification to the Commission within fifteen business days of the last party’s demand or good faith doubt as to who is entitled to the deposit and failure to institute one of the settlement procedures as set forth in Section 475.25(1)(d)1., Florida Statutes, within thirty business days after the last demand in violation of Rule 61J2-10.032(1)(a) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT II Based upon the foregoing, Respondent Enrique Suarez Realty, Inc., is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT IV Based upon the foregoing, Respondent Enrique Suarez Realty, Inc., is guilty of failure to provide written notification to the Commission within fifteen business days of the last party’s demand or good faith doubt as to who is entitled to the deposit and failure to institute one of the settlement procedures as set forth in Section 475.25(1)(d)1., Florida Statutes, within thirty business FDBPR v. Enrique Suarez Case No. 2003077160 Administrative Complaint days after the last demand in violation of Rule 61J2-10.032(1)(a) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF FACT 14. Petitioner realleges and incorporates herein Paragraphs One through Four above. 15. On or about March 13, 2003, the Florida Real Estate Commission issued a final order finding the Respondent Suarez guilty of failure to maintain trust funds; failure to properly prepare the required monthly escrow statement-reconciliations; fraud, misrepresentation, concealment, culpable negligence or breach of trust in any business transaction and suspended Respondent Suarez’ real estate license for ninety days, placed him on six months probation, required a fine and costs be paid and education to be completed. A copy of the final order is attached hereto and incorporated herein as Exhibit 1. COUNT V Based upon the foregoing, Respondent Enrique Suarez is guilty of having been found guilty for a second time of any misconduct that warrants his suspension or has been found guilty of a course of conduct or practices which shows that he is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors, or those with whom he may sustain a confidential relation, may not safely be entrusted to him in violation of Section 475.25(1)(o), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the FDBPR v. Enrique Suarez Case No. 2003077160 Administrative Complaint 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 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; 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 and Florida Administrative Code Rule 61J2-24.001. FDBPR v. Enrique Suarez Case No. 2003077160 Administrative Complaint SIGNED this 2S dayot_/Jawrm br , 2003. a a epartment of BuSiness and Professional Regulation By: Jason Steele Director, Division of Real Estate ATTORNEY FOR PETITIONER Départn FILED . CHRISTOPHER J. DECOSTA ment of Professional al Regulatians Senior Attorney On Of Real Estate ee Florida Bar N° 00271410 Row é?. zi Division of Real Estate ier te ~ Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX we —Lbise> CD/k PCP: NH/LJ 11/03 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 FDBPR v. Enrique Suarez Case No. 2003077160 Administrative Complaint 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. * The following attached items are excluded from the purchase: + 2. PURCHASE PRICE: ¢_ 260 3, Fh (CING: (Check as applicable) Q (a) Buyer will pay cash for the Property with no financing contingency. Dp > Buyer (ZY) ( ) and Seller im } acknowledge receipt ce cp tb onthe 1 of 6 Pages. o_o 4. SALE AND PURC se Ane ed. ger {lo . and HAMAS 4. 21470 7A : to sell and buy on the t d conditt ified bel dpagribed 98) sane oe Se PSSUE EO” Die” Baas County: ‘eg Desorption POU Cpaced SIF 2 TE?-66 eget peso j Z Tax ID No: 20-59 -[3 ~OF9-/7 FE together with all improvements and attached items, including fixtures, buitt-in furnishings, built-in appliances, ceiling fans, light ae ee Lo aaa a 22/96". s Ces COE EDS. Lt GAL FE, 7 The real and personal property described above as included in the purchase is referred to as the “Property.” Personal property listed in this Contract is included in the purchase price, has no contributory value and is being left for Seller's convenience. PRICE AND FINANCING _—_ payable by Buyer in U.S. currency as follows: ($l Deposit received (checks are sybiacs to teamayG?) yD 202") wy o1. LAC_—_ ("Escrow Agent’) for Signature of Company o) $_/ 2000 Additional deposit to be made by LQG Lititaey 03 LOB o days from Effective Date. (c) Z o 7000 Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage) ($C therr: ee eeeFeeFeefeheHhefeheHhFHFH Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds paid (e) $. at closing must be paid by locally drawn cashier's check, official bank check, or wired funds. (b) This Contract is contingent on Buyer qualifying for and obtaining (1) and/or (2) below (the “Financing”) by ____(if left blank then Closing Date or within 30 days from Effective Date, whichever occurs first) (“Financing Periéd’): Q(t) Acommitment for new Conventional O FHA Q VA financing for $ or % of the purchase price (plus any applicable PMI, MIP, VA funding fee) at the prevailing interest rate and loan costs (f FHA or VA, see attached addendum). Q (2) Approval for Seller financing assumption of mortgage (see attached addendum). - Buyer will apply for Financing within days from Effective Date (6 days if left blank) and will timely provide any and all credit, employment, financial and other information required by the lender. Either party may cance! this Contract if () Buyer, after using diligence and good faith, cannot obtain the Financing within the Financing Period or cannot meet the terms of the cornmitment by the Closing Date, or {ii) the Financing is denied because the Property appraises below the purchase price and either Buyer elects not to proceed or the parties are unable to renegotiate the purchase price. Upon cancellation, Buyer will retum all Seller-providec! title evidence, surveys and association documents and Buyer's deposit(s) will be returned after Escrow Agent receives p authorization from all interested parties. CLOSING rz, loys. 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on < (‘Closing Date"), unless extended by other provisions of this Contract. The Property will be swept clean and Seller’s items removed on or before Closing Date. if on Closing Date insurance underwriting is suspended, Buyer may postpone closing up to 5 days after thé insurance suspension is lifted. 5. CLOSING PROCEDURE; COSTS: Ciosing will take place in the county where the Property is located and may be conducted by electronic means. If title insurance insures Buyer for title defects arising between the title binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker as per Paragraph 49. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. (a) Seller Costs: Seller will pay taxes and surtaxes on the deed and recording fees for documents needed to cure title; certified, confirmed and ratified special assessment liens and, if an improvement is substantially completed as of Effective Date, an amount equal to the last estimate of the assessment; up to _~~_% (1.5% if left blank) of the purchase price for repairs to warranted items (“Repair Limit”); and up to ~~ _% (1.5% if left blank) of the purchase price for wood-destroying organism treatment and repairs (“Termite Repair Limit”); Other: ADMINIST. FAR-6 Rev. 10/00 ©2000 Florida Association of Reatrors® —_All Rights Reserved PAGE a Babaena7 Qe gnu 106 107 408 103 110 Wi 412 Wg (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages; recording fees on the deed and financing statements; loan expenses; pending special assessment liens; lender's title policy; inspections; survey; flood insurance; Other: (c) Title Evidence and Insurance: Check (1) or (2): Q (1) Seller wil provide a Paragraph 10{a)(1) owner's title insurance commitment as title evidence. Q Seller O Buyer will select the title agent. O Seller O Buyer will pay for the owner's title policy, search, examination and related charges. Each party will pay its own closing fees. ) Seller will provide title evidence as specified in Paragraph 40(a)(2). O Seller urbuyer will pay for the owner's title policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and lien search fees, and Buyer will pay fees for title searches after closing (f any), title examination fees and closing fees. (d) Prorations: The following items will be made current (if applicable) and prorated as of the day before Closing Date: real estate taxes, interest, bonds, assessments, association fees, insurance, rents and other current expenses and revenues of the Property. If taxes and assessments for the current year cannot be determined, the previous year’s rates will be used with adjustment for exemptions and improvements. Buyer is responsible for property tax increases due to change in ownership. (e) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may require Seller to provide additional cash at closing if Seller is a “foreign person” as defined by federal law. (f) Home Warranty: QO Buyer O Seller 0 N/A will pay for a home warranty plan issued by ata cost not to exceed $ _ Ahome warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in appliances in the event of breakdown due to normal wear and tear during the agreement period. PROPERTY CONDITION . 6. INSPECTION PERIODS: Buyer wil complete the inspections referenced in Paragraphs 7 and 8{a)(2) by ' (within 10 days from Effective Date if left blank) (“Inspection Period”); the wood-destroying organism inspection by {prior to closing, if left blank); and the walk-through inspection on the day before Closing Date or any other time agreeable to the parties. 7. REAL PROPERTY DISCLOSURE: Seller represents that Seller does not know of any facts that materially affect the value of the Property, including violations of governmental laws, rules and regulations, other than those that Buyer can readily observe or that are known by or have been disclosed to Buyer. (a) Energy Efficiency: Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System brochure. if this is a new home, the builder's FL-EPL card is attached as an addendum. (b) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Buyer may, within the inspection Period, have an appropriately licensed person test the Property for radon, If the radon level exceeds acceptable EPA standards, Seller may choose to reduce the radon level to an acceptable EPA level, failing which either party may cance! this Contract. (c) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which flood zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and rebuilding in the event of casualty. If the Property is in a Special Flood Hazard Area or Coastal High Hazard Area and the buildings are built below the minimum flood elevation, Buyer may cancel this Contract by delivering written notice to Seller within 20 days from Effective Date, failing which Buyer accepts the existing elevation of the buildings and zone designation of the Property. (d) Homeowners’ Association: If membership in a homeowners’ association is mandatory, an association disclosure summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. 8. MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property in the same condition from Effective Date until closing, except for normal wear and tear ("maintenance requirement”) and repairs required by this Contract. Seller will provide access and utilities for Buyer’s inspections. Buyer will repair all damages to the Property resulting from the inspections and retum the Property to its pre-inspection condition. If Seller is unable to complete required repairs or treatments prior to closing, Selfer will give Buyer a credit at closing for the cost of the repairs Seller was obligated to make. Seller will assign all assignable repair and treatment contracts to Buyer at closing. (a) Warranty, Inspections and Repair: ; ; (1) Warranty: Seller warrants that non-leased major appliances and heating, 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, if any, are structurally sound and watertight; and that any open permits for the Property have been closed out and final inspections will be obtained before the Closing Date. Seller does not warrant and is not required to repair cosmetic conditions, unless the cosmetic condition resulted from a defect in a warranted item. Seller is not obligated to bring any item into compliance with existing building code 0 repair a warranted item. “Working condition” means operating in the manner in which reguiations unless necessary t real the item was designed to operate and “cosmetic conditions” means aesthetic imperfections that do not affect the ADMINISTRATIVE COMPLAINT. 114° Buyer & X }(____) and Seller ( )(____) acknowledge receipt ofa conof- ris Regs. whigh is Page 2 of 6 Pages. bili SnneieeEEE 2 FAR-6 Rev. 10/00 ©2000 Florida Association of Reators® — All Rights Reserved AF BAGE “ OF t 178 receipt of Buyer's notice of defects (“Curative Period”) to cure the defects at Sellers expense. If Seller cures the defects 179 within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on Closing 1e0 ~—« Date or within 10 days from Buyer's receipt of Selier’s notice if Closing Date has passed. If Seller is unable to cure the 181 defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from receipt of 1a2 Seller’s notice, either cancel this Contract or accept ttle with existing defects and close the transaction. 13. (c) Survey: Buyer may, prior to Closing Date and at Buyers expense, have the Property surveyed and deliver written notice to 184 Seller, within 5 days from receipt of survey but no later tt.an closing, of any encroachments on the Property, encroachments by the 185 Property's improvernents on other lands or deed restriction or zoning violations. Any such encroachment or violation will be treated 188 in the same manner as a title defect and Buyer’s and Scller’s obligations will be determined in accordance with subparagraph (b) 187 above. If any part of the Property lies seaward of the coustal construction control line, Seller will provide Buyer with an affidavit or 188 survey as required by law delineating the line's location or: the property, unless Buyer waives this requirement in writing. 189 MISCELLANEOUS 190 11. EFFECTIVE DATE; TIME: The “Effective Date” of this Contract is the date on which the last of the parties initials or signs the 4 latest offer. Time is of the essence for all provisions of this Contract. All time periods will be computed in business days (a 392 “business day” is every calendar day except Saturday, Sunday and national legal holidays). If any deadiine falls on a Saturday, 193 Sunday or national legal holiday, performance will be due the next business day. All time periods will end at 5:00 p.m. local 194 time (meaning in the county where the Property is located) of the appropriate day. 196 12. NOTICES: All notices will be rade to the parties and Broker by mail, personal delivery or electronic media. Buyer’s failure 196 to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will 7 render that contingency nuil and void and the Contract will be construed as if the contingency did not exist. 8 13, COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 193 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 200 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper 202 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or 203 attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, 204 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 108 14. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 106 “Buyer,” “Seller,” and “Broker” ray be singular or plural. This Contract is binding on the heirs, administrators, executors, 107 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. 108 DEFAULT AND DISPUTE RESOLUTION 109 15, DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's tite marketable after diligent effort, Seller 0: fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without waiving the right to seek damages or to sesk specific performance as per Paragraph 16. Seller will also be iable to Broker for the full amount of the “2 brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including timely payment of all 13 deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated damages or to seek specific performance as per Paragraph 16; and Broker will, upon demand, receive 50% of all deposits paid and agreed to be paid {to be split equally among cooperating brokers) up to the full ammount of the brokerage fee. 16. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims and other matters in question arising out of or relating to this transaction or this Contract or its breach will be settied as follows: (a) Disputes conceming entilement to deposits made and agreed to be made: Buyer and Seller will have 30 days from the date conflicting demands are made to attempt to resolve the dispute through mediation. if that fails, Escrow Agent will submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding arbitration in the County where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not provided for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact and the contractual authority on which it is based. if the parties agree to use discovery, it will be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related disputes. Any disputes with a real estate licensee named in Paragraph 19 will be submitted to arbitration only if the licensee’s broker consents in writing to become a party to the proceeding. This clause will survive closing. (c) Mediation and Arbitration; Expenses: “Mediation” is a process in which parties attempt to resolve a dispute by submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association (“AAA”) or other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. “Arbitration” is a process in which the parties resolve a dispute by a hearing bziore a neutral person who decides the matter and whose decision is binding on the parties. Arbitration will be in accoru:nce with the rule BNthe ISS or other arbiter nagyger on by the . Buyer (¢%')( ) and Seller ( df ) acknowledice receipt of a copy OBDIS-AaaRy WhICA ig Page 4 of 6 Pages. FAR-G Rev. 10/00 ©2000 Florida Asscciation of Reattors® — Alt Rights Reserved ims lo : PAGE OF a eetnmemne el Baran 176 177" working condition of the item, inclucing pitted Marcne; Hssiny UF Wait sureTi to wurrer uw mars ttn I ee ee ee room screens; fogged windows; tears, worn spots and discoloration of floor coverings/walipapers/window treatments; nai! holes, scratches, dents, scrapes, chips and caulking in bathroom ceiling/walls/flooring/tile/fixtures/mirrors; and minor cracks in floor tiles/windows/driveways/sidewalks/pool decks/garage and patio ficors. (2) Professional inspection: Buyer may have warranted items 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 license to repair and maintain the items inspected (“professional inspector’). Buyer must, within 5 days from the end of the Inspection Period, deliver written notice of any items that are not in the condition warranted and a copy of the inspector's written report, if any, to Seller. If Buyer fails to deliver timely written notice, Buyer waives Seller’s warranty and accepts the items listed in subparagraph (a) in their “as is” conditions, except that Seller must meet the maintenance requirement. (3) Repair: Seller is obligated only to make repairs necessary to bring warranted items into the condition warranted, up to the Repair Limit. Seller may, within 5 days from receipt of Buyer’s notice of items that are not in the condition warranted, have a second inspection made by a professional inspector and will report repair estimates to Buyer. if the first and second inspection reports differ and the parties cannot resolve the differences, Buyer and Seller together will choose, and equally split the cost of, a third inspector, whose written report will be binding on the parties. If the cost to repair warranted items equals or is less than the Repair Limit, Seller will have the repairs made in a workmanlike manner by an appropriately licensed person. if the cost to repair warranted items exceeds the Repair Limit, either party may cancel this Contract unless either party pays the excess or Buyer designates which repairs to make at a total cost to Seller not exceeding the Repair Limit and accepts the balance of the Property in its “as is” condition. (b) Wood-Destroying Organisms: “Wood-destroying organism” means arthropod or plant fife, including termites, powder-post beetles, oldhouse borers and wood-decaying fungi, that damages or infests seasoned wood in a structure, excluding fences. Buyer may, at Buyer's expense and prior to closing, have the Property inspected by a Florida-licensed pest control business to determine the existence of past or present wood-destroying organism infestation and damage caused by infestation. If the inspector finds evidence of infestation or damage, Buyer will deliver a copy of the inspector's written report to Seller within 5 days from the date of the inspection. Seiler is not obligated to treat the Property if all the following apply ()) there is no visible live infestation, (i) the Property has previously been treated, and (ii) Seller transfers a current full treatment warranty to Buyer at closing. Otherwise, Seller will have 5 days from receipt of the inspector's report to have reported damage estimated by a licensed building or general contractor and corrective treatment estimated by a licensed pest control business. Seller will have treatments and repairs made by an appropriately licensed person at Seller’s expense up to the Termite Repair Limit. if the cost to treat and repair the Property exceeds the Termite Repair Limit, either party may pay the excess, failing which either party may cancel this Contract. if Buyer fails to timely deliver the inspector's written report, Buyer accepts the Property “as is” with regard to wood-destroying organism infestation and damage, subject to the maintenance requirement. (c) Walk-through Inspection: Buyer may walk through the Property solely to verify that Seller has made repairs required by this Contract and has met contractual obligations. No other issues may be raised as a result of the walk-through inspection. If Buyer fails to conduct this inspection, Seller’s repair and maintenance obligations will be deemed fulfilled. 9. RISK OF LOSS: If any portion of the Property is damaged by fire or other casualty before closing and can be restored within 45 days from the Closing Date to substantially the same condition as it was on Effective Date, Seller will, at Seller’s expense, restore the Property and the Closing Date will be extended accordingly. If the restoration cannot be completed in time, Buyer may accept the Property “as is” with Seller assigning the insurance proceeds for the Property to Buyer at closing, failing which either party may cancel this Contract. TITLE 10. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or guardian deed as appropriate to Seller's status. (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent residential use of the Property: covenants, easements and restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller will discharge at or before closing. Seller will, prior to closing, deliver to Buyer Seller's choice of one of the following types of title evidence, which must be generally accepted in the county where the Property is located (specify in Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County. (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and subject only to title exceptions set forth in this Contract. _ (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the Property recorded in the public records of the county where the Property is located and certified to Effective Date. However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format acceptable to Buyer’s closing agent from the policy effective date and certified to Buyer or Buyer’s closing agent, together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt of title evidence but no later than closing, of any defects that make RR title unmarketable. Seller will have 30 days frorr MINIST Buyer ( L251 anc Seller )(__) acknowledge receipt of a cony this pee wit BIRIGRAgES. FAR-6 Rev. 10/00 ©2000 Florida Association of Reators® — All Rights Reserved page | Qo ee OF | ——_— * 237 Parties. Each party to any arbitration will Pay its own fees, costs and expenses, including attorneys’ fees, and wil equa 238 split the arbitrators’ fees and administrative fees of arbitration. 239 ESCROW AGENT AND BROKER 247 48. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations th: 248 are important to them and to consult an appropriate professional for legal advice (for example, interpreting contract: @ licensee(s) and brokerage(s) named below are collectively referred to as “Broker.” Seller and Buye amed below are the procuring cause of this transaction. Instruction to Closing Agent: Selle disburse at closing the full amount of the brokerage fees as specified in separate brokerage ooperative afreements between the brokers, unless Broker has retained such fees from the such brokerage agreements, closing agent will disburse brokerage fees as indicated below. Real Estate Licensee 263 19. BROKERS: 264 acknowledge thaf'the brokerage(s) 265 and Buyer dire apsenge of p Y 20 Ens 3 cb Hef site 271" Broker / Brokerage fee: ($ or.% of Purchase Price) é Broker / Brokerage fee: ($ or % of Purchase Price} 272° a 273 ADDENDA AND ADDITIONAL TERMS 274 20. ADDENDA: The following additional terms are included in addenda and incorporated into this Contract (check if applicable}: 275° OA. Condo. Assn. Q G. New Mort. Rates QM. Housing Older Persons QS. Sale of Buyer's Property 276° 1 B. Homeowners’ Assn. OH. As Is W/Right to Inspect ON. Unimproved/Ag. Prop. Q TF. Rezoning 277 OC, Seller Financing Q 1. Self-inspections QO. Interest-Bearing Account. QU. Assignment 278° QD, Mort. Assumption Q J. Insulation Disclosure OP. Back-up Contract QV. Prop. Disclosure Stmt. 279° 0 E. FHA Financing OK. Pre-1978 Housing Stmt. (LBP) © Q. Broker - Pers. Int. in Prop. @ Other 280° 1) F, VA Financing _ OL. Flocd Insurance Reqd. OR. Rentals a Other = A er 21. ADDITIONAL JERMS, AWLCHME Jy AS — 15 CaciMOr, aez 2g. SELB) — Drie 1S - OF CEVAS ce _= 2ay 284° 285° OY 201" Buyer (VX ( } and Seller ( dC ) acknowledge receipt of a copy of this page, which is Page 5 of 6 Pages. FAR-6 Rev. 10/00 ©2000 Florida Association of REALTORS® Al Rights Reserved } Ss 317 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. 318 OFFER AND ACCEPTANCE 319° (Check if applicable: O Buyer received a written real property disclosure statement from Seller before making this Offer.) , 320 Buyer offers to purchase the Property on the above terms and 9 ditions. Unless this Contract is signed by Seller and a copy 321° delivered to Buyer no later than Oamp , this offer will be revoked x22 and Buyer's deposit refunded subject to clearan if fand aes Date: _/ FCO Bo Buyer: Tax ID/SSN: 353-74 32° ws Date: [/9/[7C2 2 Buyer: Tax 1D/SSN: 326° Print name: + 327° Phone: Address: 326" Fax: s2o° Date: Seller: Tax ID/SSN: 330° Print name: 331° Date: Seller: Tax ID/SSN: 332° Print name: 33 Phone:_ Address: aaa Fax: 338° Q Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver a copy 336° of the acceptance to Seller by 5:00 p.m. on , ). Q Seller rejects Buyer's offer. ar Effective Date: (The date on which the last party signed or initialed acceptance of the final offer.) 338° Buyer ( ){ ) and Seller ( ){ ) acknowledge receipt of a copy of this page, which is Page 6 of 6 Pages. The Florida Association of Reactors and local Board/Association of REaLTors make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction, This standardized form should not be used in complex transactions or with pacha iad or additions. This form is available for use by the eriira rez! estate industry ard is not intended to identify the user as a Reston. REALTOR is a registered coll ve pvokaartse pp Arey be used only by real estate licensees who are members of the National Association of Reators and who subscribe to its Code of Ethi we c COM LAINT The copyright laws of the United States (17 U.S. Code} forbid the unauthorized reproduction of blank forms by diy’ facsimile or computerized forms. FAR-6 Rev. 10/00 ©2000 Fiorida Association of Reators® — Ali Rights Reserved P. AG E GS —¥ or i on oe ae Finat Order No. BPR-2003-00715 Date: SFLED 313-03 Department of Business and Professional Regulation AGENCY CLERK Sarah Prgrdef Agency Cler . we tard ote m3 Lickel an STATE OF FLORIDA nd * DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO es ay FLORIDA REAL ESTATE COMMISSION Z ., Co DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner vs. CASE NO. 2002003448 2002003449 ENRIQUE SUAREZ AND AMERICA REAL ESTATE COMPANY, Respondents / FINAL ORDER On December 18, 2002, pursuant to Sections 120.569 and 120.57(2) of the Florida Statutes, the Florida Real Estate Commission heard Respondent’s Request for an Informal Hearing and Informal Hearing to issue a Final Order. On or about August 22, 2002, Petitioner filed an Administrative Complaint against Respondent, who admitted the allegations of fact on the Election of Rights form. Copies of the Administrative Complaint and the Election of Rights are attached hereto as Exhibits A and B, respectively, and made a part hereof. The Commission granted the request and conducted the informal hearing. The Respondent, having been properly served with the Notice of Hearing, appeared to present matters in mitigation. Based upon the allegations of fact and being otherwise fully advised in the premises, the Commission finds Respondents guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly ADMINISTRATIVE COMPLAINT, EXHIBIT # + PAGE _ authorized; failure to prepare the required written monthly escrow statement-reconciliatons, fraud, misrepresentation, concealment, culpable negligence or breach of trust in any business transaction and, therefore, guilty of violating Section 475.25(1)(k), (e) and (b) of the Florida Statutes, and Fla. Admin. Code R. 61J2-14.012(2) and (3) as stated in the Administrative Complaint. Therefore, the Commission ORDERS the suspension of Respondent Suarez’s real estate license for a period of ninety days. At the conclusion of the suspension, the Respondent is shall contact the Records Section of the Division of Real Estate at 400 W Robinson St. 802N, Orlando, Florida 32801 or (407) 245-0825 to secure the proper forms for reinstatement of the suspended license. . Further, the Commission ORDERS Respondent Suarez be placed on probation for a period of six months, subject to the following terms and conditions: 1. The licensee shall notify the Division of Real Estate of any changes in employment. 2. The licensee shall not violate any provisions of Chapter 475, Florida Statutes, or Rules adopted by the Commission. . 3. The licensee shall not be found guilty or convicted of any crime in any jurisdiction. 4. The licensee shall pay an administrative fine of $1,000.00 and costs of $16.00. 5. The licensee shall satisfactorily complete four hours of escrow and thirty hours of broker management education and provide proof of completion to the Division of Real Estate. The Commission ORDERS Respondent Corporation to pay an administrative fine of $1,000.00 and costs of $16.00 and be reprimanded. This Final Order shall be effective thirty days from date of filing with the Clerk of the Department of Business and Professional Regulation. However, any party affected by this Order has the right to seek judicial review, pursuant to Section 120.68 of the Florida Statutes, and Florida Rules of Appellate Procedure 9.110. Within thirty days of the filing date of this Order, review proceedings may be instituted by filing a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation at 400 West Robinson Street, Suite 802N, Orlando, Florida 32801. The Appellant must file a copy AUIS EHATIVE COMPLAINT EXHIBIT # PAGE F OF of the Notice of Appeal, with applicable filing fees, with the appropriate District Court of Appeal. DONE AND ORDERED this 18th day of December, 2002, in Orlando, Florida. Director Division of Real Estate CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true copy of the foregoing was sent by U.S. Certified Mail to: Eduardo Ramos, Esquire, 701 Brickell Avenue #3000, Miami, Florida 33131; and a copy provided to Lorenzo Level, Esquire, 400 W Robinson St. #802N, Orlando, Florida 32802, this \3 day of Moarcch 2003. ADMINISTRATIVE COMPLAINT. EXHIBIT ##_z ——_——— NOV. <26' 02 (TUE) 14:02 . STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION RE: Enrique Suarez and : FDBPR Case Nola) :2009003448 America Real Estate Company | : 2002003449 LECTION OF RIGETIS , I have read the Explanation of Rights Form and tnderacand my options. (TF you do not yaderstend chess options, please consult with your accorney oF gcontace tie Dapartmant of Businast and Profeagional Regularien, Division of Beal Estate, Legal Section, telephone amabar {407} 421-5632, before executing this form.) . lq (WY I de nat dispute the alleganions ef fact contained in che . Administrative Complaint, buc do wish to be accorded an informal hearing or..proceeding, pursuant to Seccian 120.573), Florida Sctacutes, at which cime.T will be pezmicred co submit oral and/or wrinten’ evidence in mitigacion of the complaint co che Florida Real “Estate: Commission. { } ('I ao dispute the allegacions af fact ¢ontained in che Administracive Complaint and request this be considered 2 pecition for a formal hearing, pursuant co Section 120.57(2), Florida Stacuces . before a Rearing Officer to be appointed by the Divieian of Administrative searings. . . ta Tne specific faces in dispute aré: Regardless: of which option I have.eelected, 1 inderscand that I will be given notice of. the cima, date and placa when chis matter ia to be"considersd by ee Plorida Real —Estace Commissian for final agency action,. (cype of idencificacion) . i an . ” ad wha, under aath, acknowledges .. i chat his/her signasuré appeata above. Sworn to and subsqppbed py Respondsns - befere me this 4 day af license Number (Rio. . Telephone Number 7 mS ADMINISTRATIVE COMPLAINT. ae Reverse for Expiekad iaht ige8—__——— - le.” PAGE OF ann Trt oh. 7 WW nezs—yts—yow:xed HITT. “Ud Q@ 3% STATE OF FLORIDA wo AA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO! ° ae) FLORIDA REAL ESTATE COMMISSION % % ~ FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2002003448 2002003449 ENRIQUE SUAREZ and AMERICA REAL ESTATE COMPANY, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Ennque Suarez and America Real Estate Company (‘Respondents’) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT l. 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 Flonda, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent Enrique Suarez is and was at all times material hereto a licensed Florida real estate broker, issued license number 41 1889 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker c/o America Real Estate Company, 12568 N. Kendall Drive, PETITIONER'S Miami, Flonda 33166. FDBPR v. Enrique Suarez Case No. 2002003448 Adminismative Complaint 3. Respondent America Real Estate Company is and was at all times matenal hereto a corporation registered as a Florida real estate broker having been issued license number 1005470 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 12568 N. Kendall Drive, Miami, Flonda 33166. 4. Atall times material hereto, Respondent Enrique Suarez was licensed and operating as qualifying broker and officer of Respondent Amentca Real Estate Company. 5. On or about April 18, 2002, Petitioner audited/inspected Respondents. 6. The audiV/inspection revealed that the sales account had a shortaye of $2,747.57. 7. The audivinspection further revealed that Respondents failed to properly prepare the required monthly statement-reconciliations. COUNT [ Based upon the foregoing, Respondent Enrique Suarez is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. COUNT 0 ~ Based upon the foregoing, Respondent America Real Estate Company. is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. PETITIONER'S EXHIBIT ct pace oh OF LO ADMINISTRATIVE COMPLAINT . EXHIBIT d- | PAGE OF _ : FDBPR v. Enrique Suarez Case No. 2002003448 Administrative Complaint COUNT II Based upon the foregoing, Respondent Enrique Suarez is guilty of failure to prepare the required written monthly escrow statement-reconciliations in violation of Rule 61J2-14.012(2) and (3), Florida Administrative Code and, therefore. in violation of Section 475.25(1)(e), Flonda Statutes. COUNT [V Based upon the foregoing, Respondent America Real Estate Company i is guilty of failure to prepare the required wmitten monthly escrow statement-reconciliations tn violation.of Rule 6!J2- 14.012(2) and (3) of the Florida Administrative Code and is, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT v Based upon the foregoing, Respondent Ennque Suarez is guilty of fraud, misrepresentation, concealment, culpable negligence or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT VI Based upon the foregoing, Respondent American Real Estate Company is guilty of fraud, misrepresentation, concealment, 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 PET: TIONER’S 3 TAGE 7 OF LL EXHIBIT Cc ADMINISTRATIVE COMPLAINT. pace 4 or (g EXHIBIT i FDBPR v. Enrique Suarez Case No. 2002003448 Administrative Complaint Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilry 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), Flonda Statutes (2001) and Florida Administrative Code Rule 61J2-24.00l. The penalties which may be imposed for violation(s) of Chapter 455 of the Flonda Statutes, depending upon the severity of the offense(s), include: revocation of the license, reyistration, 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; 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. PETITIONER'S. EXHIBIT 4a ADMINISTR INISTRATIVE . EXHIBIT 4 COMPLAINT PAGE TT Bo FDBPR v. Enrique Suarez Case No. 2002003448 Administrative Complaint SIGNED this 22 dayof_(vvs seid } , 2002. we, ~< Départment of Business and Professional Regulation By: oO Director, Division of Real Estate ATTORNEY FOR PETITIONER LORENZO LEVEL Florida Bar N° 0165123 Senior Attorney, Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632, (407) 317-7260 FAX LUj PCP: MV/HE 8/02 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 ia 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 5 ADMINISTRATIVE COMPLAINT. EXHIBIT # x PAGE __ 4 OF FDBPR v. Enrique Suarez Case No. 2002003448 Adminismative Complaint representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twentv-one 21) davs 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. PETINONER'S 6 : EXHIBIT ADMINISTRATIVE COMPLAINT. ‘ KHIBI 2 \ EXHIBIT #_.< Face Por 10 pace __ JO. OF __ STATE OF FLORIDA Deady .. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ; wg} FLORIDA REAL ESTATE COMMISSION ‘ ; RE: Enrique Suarez FDBPR Case No(s): 2003077160 Enrique Suarez Realty, Inc. 2003077162 i “t. Ce os) ‘ ELECTION OF RIGHTS ~ I have read the Explanation of Rights Form and understand my option’ if yOu do not understand these options, please consult with your attorney or contact. thee Department of Business and Professional Regulation, Division of Real Estate, Leyal ‘- ea & Section, telephone number (407) 481-5632, before executing this form.) os “ 1. ( ) I do not dispute the allegations of fact contained in the Administrative Complaint, but do wish to be accorded an informal hearing or proceeding, pursuant to Section 120.57(2), Florida Statutes, at which time I will be permitted to submit oral and/or written evidence in mitigation of the complaint to the Florida Real Estate Commission. 2. (oy I do dispute the allegations of fact contained in the Administrative Complaint and request this be considered a petition for a formal hearing, pursuant to Section 120.57(1), Florida Statutes , before a Hearing Officer to be appointed by the Division of Administrative Hearings. The specific facts in dispute are: S66 A74e¢en Leet Keo _ ATOSNSE NYdeow Sweewe2- CA bAcct Ga Regardless of which option I have selected, I understand that I will be given notice of the time, date and place when this matter is to be by the Florida Real Estate Commission for final agen, ac Please sign, notarize and fill out your, Before me, personally appeared Luvs Pt Svdaee2 , whose identity is known to me by FL08104% Detvee’s L£6E08K (type of identification) and who, under oath, acknowledges that his/her signature appears above. Sworn to and subscribed by Respondent before me this _ Gay _ day of CoaP.<& 100 372% Qeceewaae, 2008 _- 2G. Be betel * License Number BOS AIF-AS2ZQ - Notary Publ? Telephone Number My Commission Expi vA OFFICIAL NOTARY SEAL ott” 6, JORGE . 2 ‘@ SANCHEZ-GALARRAGA See attachment for explanation $. & COMMISSION NUMBER 7 £ DD031770 Revised 8/02 Tr < or xo ~=MY COMMISSION EXPIRES JUNE 30, 2005 . 2 DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION | ak DIVISION OF REAL ESTATE “A Le ‘Jeb Bush, Governor Diane Corr, Secretary a “ >, ‘ te QO . LG REQUEST FOR ESCROW DISBURSEMENT ORDER oe Os “, (Please type or print CLEARLY) ee, (4 “a 1. PROFILE INFORMATION Name of requesting broker EA 1 QUE SUA LEC CHECK ONE OR BOTH _ rate 2 : (A, 23/86 - taophone BOS” ASS-AFAF : ct ov Sats_—__ ema Susylity ewes wet ATs : namo of requesting rkorage LAVLIQUE SUMCEA ENYA BY he : Broker sconseno_O/2G12/ ony. Broker license no.. Name of purchaserhesseo, EFLAIN Fa fo Telephone:. 305~ RAS SROS . coment street address (2OPS SW AYB Tad omer cy Homestenn am FA ap_2 203 2 . Name of altomey ¢f ay) N/A cme sen GLA BH BH 7 oy bAtMAnguilia CQQUYA S & SAnepbe- CMA AGA *Please keep us advised of any address changes. taophone_ Ol $183 281 YYVO one, OWSPRS FY ROO - “Please keep us advised of any address changes. Name of atioeney 6 any OE Directions to Broker: 1. The broker holding the escrow deposit must complete this form FULLY by answering each question and attaching LEGIBLE copies of all supporting documents and correspondence. DBPR will return incomplete or undocumented requests. 2. Return the completed form to the Department of Business and Professional Regulation, Division of Real Estate, 400 West Robinson Street, Suite N802, Orlando, Florida 32801. , 3. THE REQUESTING BROKER MUST SIGN AND DATE ON PAGE THREE OF THIS FORM. 4, If the parties later elect to arbitrate, mediate, interplead or litigate this matter or if the parties arrive al a resolution after the date of this request, the requesting broker must notify DRE within 10 business days. §, Use additional sheets if necessary. DIVISION OF REAL ESTATE Hurston North Tower 400 West Robinson Street, Suite 802N e Orlando, FL 32801 407.245.0800 © TDD 800.655.8771 ¢ FAX 407.317.7281 www. MyFlorida.com Diane Cart, Seeretary NOTICE OF ESCROW DISPUTE/GOOD FAITH DOUBT {Please Type or Print CLEARLY) L Broker Information Name of broker ALOE WHEE 4. Broker license no. 0726/2) Street address 12359 Sw /32 Telephone _ 308-2 5S-2S2 Cty YUL _ sae PA rm SIO ema ee eusblty © woelon Brokerage firm_ C724 ‘Que Su Ate In compliance with Section 475.25(1)(d)1., Florida Statutes, Rule 61J2-10.0G2, Florida Administrative Code, be advised that broker has (check one): 2 received conflicting demands ? 0008 ag gouet as to which Pastis ented othe depostin broker's esorow aocount nine amount $ -f —_ Date HALCH 286/03 4. Parties to the transaction ? Seller ? Landlord Name AN64u'cA LE MOYA Z ALL Eta. cy PALlAPATA state DOH ? Buyer ? Tenart ' a WOME, ‘2 ciy HOMEBTET) — Ebley) sate PLA OS 2 Ill, Property This notice concems the property street address_// FL S ir 723 TEXUS cay Stet tt state_PO7E- Zip 33 13e DMSION OF REAL ESTATE Hurston North Tower « 400 West Robinson Street, Suite 802N « Orlando, FL 32801 407.245.0800 TDD 800.955.8771 FAX 407.317.7281 wew.MvFlorida.com C. Funds are held in: Usting office C1) Seating office O other . trust account trust account {please explain in detail below) D. Have purchaser/lessee and sellerAessee executed a sales contract or other agreement? Yes OC) No Cl otner (please explain in detail below) it Yes, attach a complete, legible copy of the executed contract or agreement with addenda/riders. Effective date of contract or agreement Date(s) 2) made to broker's trust account: 1/21 fo HE Jo 3 E. It mortgage financing is involved, did purchaser make application for financing? tive Ono Hf Yes, provide the information requested below: Applications was: Qapprovea =) Denied NEN S4aM1 $ED Bf B¥CZ » Reasons for denial and subsequent financial history: (aitach tender’s statement of denial if avaitable) ‘Ley pote ute poli cntesr? THe Byat VABEL Skb74/ by tine THE coatnte Hence! ae R70 HUGO OI Pp CHE wtf 10 OS 17 TLE 4orv7EUt ° $ 12.000 = A eepren ren meer were reer A. Has purchas if Yes, please give date and copies of relevant correspond: ence): ” yy AneHt 26/03 - ; . _ mena, AFIOL POOLE BUD Gu wwe cate? Bet PE =p 22QLEN S16 0AFTALE 00 THE 2ELeue Fon) oF yerestl, sae ig eaabEO PE DexOdT FoF AION piepet NACE RY BryEt + B. Has sellartessor made demand (of you or of co-broker) for forfeiture of the deposit? Yes Yeo, pease ie etconeependencey for calning a toetire om 0 oa Lt on Fez HS oF - ree A ert eo Pe ot? YETELAS foe Tee Amant oF ff /p 000" additions! information relative to this matter. Include any C. Please list the names, addresses and telephone numbers of anyone who may have comments you feel may assist The Florida Real Estate Commission in the determination of this matt THe but 10 Not HAE 4000 » eth an Mao pues ayntidchion pete HE AOA 27 put oF HE 79 aren miter YP n frpncens 07 ft or" ce maAmnEn + ALSO Ge 14 CPCECCE, av) fu est? aDorIpeT EOP eEvtvet ocrtti ts Jos Wig PE TE A2f el £61 7S SSbl/ faa bed tmog 4 : ees SuaLNV id NOINN ee P nescoy { aN bn 60ge-6e¢ (Of) Hd | Wug eas || 31129 HONVUS soLlee TJ INVIN | OL9/L¥8-£9 ‘LS Ov MS 0296 . ON! NOLLVHSININI GNY LNAW30V1d gor NV3u0 NVOIMAWV ao 68ct DEPARTMENT OF BUSINESS & PROcESSIONAL REGULATION Division of Real Estate ; lose. INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM”, DATE O2\02 s+ “ NAME OF BROKER_F NA\GUe Songer. NAME OF BROKER a BROKER LICENSE # i ri { | i { BROKER LICENSE # | tot bowed Kw Poo w& 1 3 NAME OF BROKER NAME OF BROKER BROKER LICENSE # | tI i ] BROKER LICENSE # | | | | NAME OF BROKERAGE BROKERAGE LICENSE # | PHONE NUMBER EnaGue Sosvez Really Tre |Ca \00349U |30S5-3sS-95 39 STREET ADDRESS CITY COUNTY ZIP 1I93S9_ Sw 130"° OF ian, FL Mieny -Dane BBibu r YES __NO REMARKS OFFICE (RULE 61J2-10.022 & .023) REQUIRED OFFICE SIGN (RULE 61J2-10.024) uw AGENCY OR TRANSACTION BROKER DISCLOSURE uw“ (F.S.475.276 &.278) ee RECONCILIATIONS (RULE 61J2-14,.012 < SALES: TOTAL TRUST LIABILITY, 4 { OC oO ‘sy 22, RECON BANK BALANCE O48}. Few. {SHORT/OVER) AMOUNT Ap. 2 ev SECURITY DEPOSIT: TOTAL TRUST LIABILITY RECON BANK BALANCE — (SHORT/OVER) AMOUNT - RENTAL DISTRIBUTION: TOTAL mu a RECON BANK BALANCE ~~ _ (SHORT/OVER AMOUNT . REMARKS: 4 Al or MANAGEMENT ACCOUNKS) HAVE BEEN PROVIDED TO THE INVESTIGATOR . THE ABOVE VIOLATIONS WERE BROUGHT TO MY —~. 7 7 t HERE. ERTIFY, HAT TO THE BEST OF nate ALL RECORDS PERTAINING TO MY SALES ESCROW/TRUST ACCOUNT(S) AND MY PLAINED. | WILL TAKE CORRECTIVE ACTION WITHIN DAYS AND PROVIDE DBPR WITH PHOTOS, NTIONTHIS DATE AND THROUGHLY CTIVE /ACTYON TAKEN, - YAYO? fh) <-juu aloabs io? e} . ” watitpds aD 7 ma i “ os 2 P , TITRA COMPLAINT DOCKETED YES NO #: TEAK - YES no | (Ph ITATION ISSUED YES NOTICE OF NON-COMPLL Pursuant to s. 455.225 (3), F.S., the Commission sets forth rules which are considered minor violations for which the DBPR shall provide a licensee with & notice of noncompliance. A violation of a rule is considered minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create @ significant threat of such harm. The notice of noncompliance shall only be issued for an initial offense of a minor violation, VIOLATION: CORRECTIVE ACTION: _ Mee WHITE COPY~ FIELD OFFICE YELLOW COPY - LICENSEE pt OUTSTANDING CHECKS Total from other side _&_1000 PAYABLE TO DATE OF CHECK . CHECK NUMBER AMOUNT CHECK Broker Enpigire Songer License No. BV. Co\d | "Combined total dt 1,000 Investigator Signature and Code Explain variations of totals below. PROFESSIONAL REGULATION. DIVISION OF REAL ESTATE STATE.OF FLORIDA DEPARTMENT OF Addendum to Office Inspection Report \ DatePrepared. ONO>D lo xX Sales Pending Amount to Date Deposited in Amount Held in Name of Seller . Name of Buyer Date Binder Escrow or Trust te (last name only) (last name only) Deposit(s) Escrow or Trust 1 > e (List Outstanding Checks on Back Side) STATE OF FLORIDA . AC# 0877 5 of 4 DEPARTMENT OF BUSINESS AND _ PROFESSIONAL REGULATION yy. ae P4493; 200389711 Pa . ; WRN. IS LICENSED under the provisions of ch.475 vs. Expiration date: MAR 31, 2005 103040601222 STATE OF FLORIDA AC# B84 795 DEPARTMENT OF BUSINESS AND °° GULATION. 200368059. za - Past REAL ESTATE CORPORATIONS: ENRIQUE S _HAS REGISTERED under the provisions of ch.475 Expiration dates MAR 31, 2005 * 403032401952.>" -

Docket for Case No: 04-000699PL