STATE OF FLORIDA Aad DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, 2, a » vs. FDBPR Case N° 2002008992 . ADDY ADLER, ( } 1 p) AY PL. Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Addy Adler (“Respondent”) 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 is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 375685 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a sales associate with Home Town Realty of Broward, Inc., 55 Weston Road #103, Sunrise, Florida 33326. 4. Respondent is a licensed real estate sales associate in the state of Florida, and during FDBPR v. Addy Adler Case No. 2002008992 Administrative Complaint January and February 2002 she was employed with Wimbish-Riteway Realty, Inc. 5. On or about July 25, 1997, Respondent was buyer’s agent for Reverend Tommy Park as to property located at 8800 Southwest 8th Street, Plantation, Florida. (hereinafter referred to as property). 6. On or about July 25, 1997, Respondent was buyer’s agent for Reverend Tommy Park and property listing described the property to contain 3550 square feet. 7. On or about October 10, 2000, Respondent met with Reverend Tommy Park to list for sale the property located at 8800 Southwest 8th Street, Plantation, Florida. 8. On or about October 10, 2000, Respondent caused to be published in the Multiple Listing Service (MLS) that property located at 8800 Southwest 8th Street, Plantation, Florida had 4500 square feet “under air.” 9. On or about October 10, 2000, Respondent caused to be published in the MLS that property located at 8800 Southwest 8th Street, Plantation, Florida had golf course facilities, within the subdivision of Cocoplum, where property is located. A copy of listing information is attached hereto and incorporated herein as Exhibit 1. 10. On or about October 10, 2000, Respondent caused to be published in the MLS that property located at 8800 Southwest 8th Street, Plantation, Florida had access to 12 lighted tennis courts within the subdivision of Cocoplum, where property is located. 11. On or about October 10, 2000, Respondent caused to be published in MLS that property located at 8800 Southwest 8th Street, Plantation, Florida had access to a Clubhouse and a restaurant, within the subdivision of Cocoplum, where property is located 12. On or about October 10, 2000, Respondent had more than 23 years of experience in the FDBPR v. Addy Adler Case No. 2002008992 Administrative Complaint real estate business. 13. On or about October 10, 2000, Respondent had lived within the subdivision of Cocoplum for the past twenty years and was well informed as to the benefits provided to the residents of the community of Cocoplum. 14. On or about October 10, 2000, Respondent knew or should have known that residents of the community of Cocoplum had to pay a membership fee to join the private golf course available at Jacaranda. 15. On or about October 10, 2000, Respondent knew or should have known that real estate buyers have who live in a planned subdivision that have golf club(s) may enjoy a specific benefits such as golf course, golf available, golf equity, golf purchase. 16. On or about October 10, 2000, Respondent knew or should have known that residents of the subdivision of Cocoplum had no access to the tennis courts. 17. At all times material, Respondent knew or should have known that only members of the private golf course at Jacaranda had such privilege. 18. On February 15, 2001, in reliance of the representations made by Respondent, Complainant purchased the property for a price of $385,000.00. . COUNT I Based upon the foregoing, Respondent is guilty of misrepresentation, 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 is guilty of having advertised property or services in a manner which is fraudulent, false, deceptive, or misleading in form or content in violation of Rule FDBPR v. Addy Adler Case No. 2002008992 Administrative Complaint 61J2-10.025 of the Florida Administrative Code and Section 475.25(1)(c), 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 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 reprmand; 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 FDBPR v. Addy Adler Case No. 2002008992 Administrative Complaint foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. SIGNED this ‘al dayot__ FEebCvu Oy , 2004. —f Department of Business and Professional Regulation By: Jason Steele Director, Division of Real Estate ATTORNEY FOR PETITIONER A. Santana, Senior Attorney Florida Bar N° 0318360 Division of Real Estate 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 AS/k PCP: BB/PH 2/04 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 FDBPR v. Addy Adler Case No. 2002008992 Administrative Complaint 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. 63/22/2082 18:23 5855651212 PAGE 66/09 BEL-SINGLE FAMILY RESIDENTIAL Southeast Florida Regional ML: F359027 Be: 1333 OF: WIMBISH RITEWAY AREA:3870 AZON, STATUS: CS AD; 88005W8 ST RP: LLP: LP $399,999 CT: BROWARD F#: 504108270630 CITY: PLANTAT? 2P: 33324 GEOAR: FPLA ZN: RES LG: JACARANDA AREA 9 93.46 B THAT PT OF TRAC STYLE: R31 #I:2 Mc: TN: SE: & SD: 27 PN; MAP: ST: FL TYPE: SINGLE DV. JACARANDA COUNTRY SN: COCO PLUM ESTATES MN: GENERAL INFORMATION LA: 3800 TA: 4500 YR:97— RS CONV: BED: 6 FBATH: 3 HBATH: 1 a GARAG: 3 ATT CPT: WE: FACE: N FS: & Lf PARK: DRIVEWAY PAVERS PARK RESTR; vy, ‘ LT: x SF: 10950 LOTDS: 14-124 CORNER, ‘ WTRFR: N VIEW: GARDEN POOL WTRAC: DESGN: DETACH 2STORY CONST: CBS ROOF; BAHAMA FLOOR: CERAMIC DINE: BREAKAR FORMAL ROOMS; DEN UTIL-LAU POOL: Y/BELOWG) SCREENED Pa PL: REM: FABULOUS COCOPLUM ESTATES! LUSHY LANDSCAPED CORNER LOT NN LARGER THAN TAX ROLLSG 4500SF UNDER AIR-CUSTOM POOL &SPA IN SCREENED PATIO.2 MASTER BEDROOMS 1} UP & DOWNSTAIRS. TOP OF THE LINE APPLIANCES! SEE ADDENDA FOR MORE DETAILS. DIR: PINE ISLAND RD TO GATE HOUSE RD WEST TO COCO PLUM GATEHOUSE ASK GUARD TO THE PROPERTY. LV: 26X15 DR: 14X11 DA: 9X8 KT: 9X8 FR: 20X14 FL: PR; 40X34 MB: 18X17). 2B: 1X9 3B: 14Xil 4B: 14Xi2 9 5B: 12X11 DN: 13XL1 PB: 1X5 BEDRM: MBRUPSTR ENTRYLVL UR, 9X5 CP: 3 MSBTH; 2MASTER BIDET DUALSINKS SPTUBESHW PETS: INTER; CUSTMIRR FRENCHDR ROMANTUB VOLUMCEIL WALKCLOS EQUIP: AUTOGRDR DISHWASH DISPOSAL DRYER ELECWHTR MICRO OWNBALRM RANGE.-E SMOKEDET WALLOVEN WASHER WNDW: VERTICAL RESTR: NONE EXTER: SCRNPORCH LIGHTING OPENBALC GUEST: GUEST SQ FT: SUBDV: GOLFCRSE GUARDGAT TENNIS MAINT: HEAT: CENTRAL ELEC SPRINK: AUTO COOL, CEILFAN CABLEAVL: Y WTR: = MUNICIPL SEWER: OTHER EINANCIAL INFORMATION TRMSCONS: CONV ASSUME: N_ DAV/SOH: §0 MPR: N HOA: Y FEE: $135.00 M DMV‘/ ASY: $0 TX: $6,995 TXYR: 99 TAX: HOMESTEAD TM: $0 OFFICE INFORMATION LPID: 375685 LS: ADDY ADLER OPH: 954-659-9970 FAX: 954-659-9927 2PID: 2A: APH:954-792-3339 2PH: LTy: ER ON: DR. PARKS ON#: 2AG: URL: Info@)Wimbish.com PHOTO: 2TAKE DB:N WD: EMAILA:addyadler@aol.com XCP; PHREC: COBA: 3 COTB: 3 CONR: 3 VAR: N JA: N BRD: SPEC: POSS: FUNDING IDX. ¥ OCCUP: OWNER SHOW: 24HRNOTIC ALARMON LD: {0/16/00 XD: 10/16/01 PREV STATUS: STATUS CHNG: 02/23/01 BK VOL: N13 Lh PREV: PRICE CHNG: 12/11/00 ORIG LP: $282,000 BK.PG: 348 L2: TNe: Y FABULOUS COCO PLUM IN JACARANDA COUNTRY CLUB FEATURES 2 GOLF COU} Rmke 12 TENNIS COURTS. 24 HR GUARD GATED COMMUNITY. MOBILE HOME DECAL; $2: SH: BRAND: FEEINCL: Misc: PENDING {CLOSED INFORMATION PD: 01/16/01 CONTING: DM: 92 FURN: U CD: 02/20/01 SP: $385,000 TR: CONV CB: 1309 SPID. 0696455 85; FEDERER, DAVID Sl: SPHD2: SS2: 82: *(c)2001 -- Southeast Florida Regional - INFORMATION IS BELIEVED ACCURATE | AO 8 NOT. WARRANT 3D* NISTRATI VE COMPLAINT EXH PAGE By 4 OF — — 106/01 03:53 PME 5/ 7 48/22/2802 18:23 5855561212 PAGE a7/a3 ML Number F359027 6 ly TO SHOW 24 HOUR NOTICE REQUIRED *G BEDROOM 3 1/2 BATH *3 CAR GARAGE *2 STORY BEAUTY *24 HOUR GUARD GATED COMMUNITY * GOLF CLUB *2 GOLF COURSES *12 LIGHTEO TENNIS COURTS * CLUBHOUSE RESTAURANT *4506 SF UNDER AIR * CORNER LOT * LUSHY LANDSCAPED “SURROUNDED BY 1/2 MILLION DOLLAR PLUS HOMES *CUSTOM POOL HEATED SPA SCREENED ENCLOSURE ENTIRE DOWNSTAIRS * 3 CAR GARAGE W/ELECTRIC OPENERS *UPSTAIRS HAS S$ BEDROOMS 2 FULL BATHS *INTERIOR LAUNDRY ROOM WITH 2 WASHERS _1 ORYER *10 FT CEILINGS DOWNSTAIRS _FAMILY ROOM HAS ONE MIRRORED WALL * CROWN MOLDING IN LIVING _DINING ROOMS PLUS CUSTOM MIRRORS * LIGHTED ARCHES WITH GLASS SHELVES ~MUCH MORE TO MAKE AN OFFER CALL anDY! *COOL DECK AROUND THE POOL® 5 YR WARRANTY ON MARCITE fe *KITCHEN WITH WASHED OAK OVERSIZED CABINETS Z 4 *BUILT IN REFRIGERATOR *TOP OF THE LINE APPLIANCES Lp, of *KITCHEN OESK, EAT IN BREAKFAST AREA * CERAMIC STONE FLOOR % ADMINISTRATIVE COMPLAINT exer ep PAGE 2 of 4 88/22/2682 18:23 5855651212 PAGE 68/9 a) FILER 700 JUL -b PP i234 ADDENDA fp E 3 | This 6 bedroom 3 % bath, 3-car garage, 2 story home isa beauty! Located on a lushly landscaped corner fot within a 24- hour guard gated community that has a golf club, two 18- hole golf courses, 12 lighted tennis courts, clubhouse and restaurant. This home features 4500 square feet under air, ceramic stone floors encompassing the entire downstairs, 10 foot ceilings, crown moldings in the ving and dining areas, custom mirrors, and lighted arches with glass shelves! Also featured is a Kitchen with washed oak, oversized cabinets, Guilt in refrigerator, top of the Gne appliances, anda kitchen desk, Upstairs there are 5 bedrooms and 2 full baths! The pool has a screened enclosure, cool deck, heated spa, and 5 year warranty on marcite. Also, there ts an interior laundry room with 2 washers and 1 dryer. Ifyou want to be surrounded by % million dollar homes, call Addy and make an offer. ADMINISTRATIVE COMPLAINT exwie yt PAGE

Docket for Case No: 04-002334PL