CL SSY7 STATE OF FLORIDA Pe) >» DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION Epes FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2003078241 2003078244 ADRIENNE ARON AND ADRIENNE ARON REALTY, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Adrienne Aron and Adrienne Aron Realty (“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 Adrienne Aron is and was at all times material hereto a licensed Florida real estate broker, issued license number 312307 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker with Adrienne Aron Realty, Inc., 21300 NE 10" Avenue, North Miami, Florida 33179. FDBPR v. Adrienne Aron : Case No. 2003078241 Administrative Complaint 3. Respondent Adrienne Aron 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 1010821 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 21300 NE 10" Avenue, North Miami Beach, Florida 33179. 4. At all times material hereto, Respondent Adrienne Aron was licensed and operating as qualifying broker and officer of Respondent Adrienne Aron Realty, Inc. 5. Onor about April 9, 2003, Respondents facilitated a contract to enter into a lease between Luis Calcedo and Venita and Johnson Williams (“Tenants”) regarding real property commonly known as 21250 NE 9" Court #2 North Miami Beach, Florida. A copy of the contract is attached and incorporated as Administrative Complaint Exhibit 1. 6. The above contract was contingent upon homeowner association approval of an application. 7. On or about April 9, 2003, Tenants delivered $925 to Respondents as an advance rent payment. 8. Onor about April 14, 2003, Respondents placed the payment into their operating account at City National Bank, causing trust funds to be intermingled with personal funds. 9. Onor about April 21, 2003, the homeowner association denied Tenants’ application. 10. On or about April 21, 2003, Tenants requested return of the advance rent payment. 11. At all times material, Respondents failed to return the full advance rent payment to FDBPR v. Adrienne Aron Case No. 2003078241 Administrative Complaint Tenants. COUNT I Based upon the foregoing, Respondent Adrienne Aron is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT I Based upon the foregoing, Respondent Adrienne Aron 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 III Based upon the foregoing, Respondent Adrienne Aron is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Adrienne Aron is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Rule 61J2- 14.008(2) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. FDBPR v. Adrienne Aron Case No. 2003078241 Administrative Complaint COUNT V Based upon the foregoing, Respondent Adrienne Aron Realty, Inc., is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT VI Based upon the foregoing, Respondent Adrienne Aron Realty, Inc. 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 VII Based upon the foregoing, Respondent Adrienne Aron Realty, Inc. is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT VII Based upon the foregoing, Respondent Adrienne Aron Realty, Inc. is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Rule 61J2-14.008(2) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. FDBPR v. Adrienne Aron Case No. 2003078241 Administrative Complaint 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 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 ne AE tT HELI A A Se FDBPR y. Adrienne Aron Case No. 2003078241 Administrative Complaint Rule 61J2-24.001. SIGNED this___\@___dayor__ FOQb tease, 2004, ro ~ BA Ofunished Qa Appliances ‘ Q Q TAXES: Common Areas pe Qo Qa Real Property oF a Q Sales and Services Nae a a INSURANCE: Personal Property a pe Q Personal Liability Q Pg a Intangible =) Q Q Property Damage [Ir Qa a Flood ‘Bk Qa a OTHER: a Qa a a Q Qa 5. PREPARATION OF LEASE AGREEMENT: The parties to this Contract agree to prepare or have prepared a ease agreement congistent with the terms and conditions of this Contract. The lease agreement will be executed by all parties no later than uf , . Lease provisions which conflict with provisions of this Contract will control. 6. ASSOCIATION APPROVAL: Where applicable, this Contract is subject to and contingent upon the Prospective Tenant being approved by the condomin ‘cooperative/homeowners association. Prospective Tenant will pay a non-refundable . and make application for association approval within days frorn the a application fee of §. CL-2 1/97 ©1997 Florida Association of REALTORS® All Rights Reserved ror 3 1 EXHIBIT, S- PAGE_ ADMINIST RATIVE COMPLAINT seuiait #_| __ effective date of this Contract. In the event the Prospective Tenant is not approved, this Contract will terminate and all deposit(s) made will be refunded to the Prospective Tenant unless otherwise specified. The parties will make all reasonable efforts, including any required persona! appearances, to obtain Association approval. Occupancy QO is O is not permitted pror to Association approval. 7. FAILURE TO PERFORM: If Prospective Tenant fails to perform any of the. promises of this Contract, the deposit(s) paid or agreed to be paid by Prospective Tenant may be retained ‘by or for the account of Prospective Landlord as ay-eed upon figuidated damages, consideration for the execution of this Contract, and_in full settlement of any claims, and Prospective Landlord and Prdspéctive Tenant will be relieved of all obligations under this Contract. If Prospective Landlord fails to perform any of the promises of this Contract, the deposit(s) will be returned to Prospective Tenant without waiving any action for damages resulting from Prospective Landlord's breach. 8, RETAINED DEPOSITS: !n the event Prospective Landiord retains a deposit; Prospective Landlord will pay to Eroker 50% of the deposit, not to exceed any previously agreed upon compensation, as fuli consideration for Broker's services. 9. USE RESTRICTIONS: The Parties agree that the Property is being rented subject to zoning ordinances, restrictions, limitations, easements, and public utilities of record; however, this Contract is contingent upon the intended use stated in Paragraph 2 being permissible. ~~ 40. ASSIGNABILITY: This Contract is binding upon and inures to the benefit’of the Parties and their respective ‘eirs, personal representatives, and successors. Prospective Tenant may not assign this Contract without the prior written consent of the Prospective Landlord. 11. OTHER AGREEMENTS: No modification or.chiange to this Contract will be valid or binding unless in writing and signed by both Parties. 12. 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. 13. BROKERAGE DISCLOSURE: Broker represents O Prospective Landlord 0 Prospective Tenant. 14. FACSIMILE: A facsimile copy of this Contract and any signatures thereon will be considered for all purposes as originals. 15. SPECIAL CLAUSES: af... pres SAE a Sera atest 2. Ey on This Contract is not a lease. It is intended to be a legally binding contract. If not fully understood, seek the advice of . an me, ay signing. ; Date: a 7 OF __ Prospective Tenant £6 Lebel. lin Low? Tax ID/SSN: ee Date: __ : Prospective Tenant Tax ID/SSN: ee Home Telephone: Work Telephone: Facsimile: Address: : ‘ : a E-mail: : ‘ - Date: ___ Prospective Landlord: : -. Date: __ Prospective Landlord: _ -. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective memizarship mark that may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms. CL-2 1/97 ©1997 Florida Association of Reaitons® * Ail Rights Reserved EXHIBIT. 5 > PAGE el Le ADMINISTRATIVE COMPLAINT ; EXHiB! PAGE

Docket for Case No: 04-001549PL

Issue Date	Proceedings
Jun. 03, 2004	Order Closing File. CASE CLOSED.
May 28, 2004	Motion to Hold Case in Abeyance (filed by Petitioner via facsimile).
May 26, 2004	Order Granting Continuance and Re-scheduling Hearing (hearing set for July 13, 2004; 9:30 a.m.; Miami, FL).
May 25, 2004	Motion to Request Change of date for the Formal Hearing (filed by Petitioner via facsimile).
May 25, 2004	Notice of Appearance and Substitute of Counsel (filed by A. Santana, Esquire, via facsimile).
May 05, 2004	Order of Pre-hearing Instructions.
May 05, 2004	Notice of Hearing (hearing set for July 7, 2004; 10:00 a.m.; Miami, FL).
Apr. 30, 2004	Joint Response to Initial Order (filed by Petitioner via facsimile).
Apr. 27, 2004	Initial Order.
Apr. 26, 2004	Election of Rights filed.
Apr. 26, 2004	Response to Administrative Complaint filed.
Apr. 26, 2004	Administrative Complaint filed.
Apr. 26, 2004	Agency referral filed.