\ 7) STATE OF FLORIDA an DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, OY ; NAKK PL vs. FDBPR Case N° 2001532593 MARY SUSAN JACOBS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Mary Susan Jacobs (“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 703491 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a sales associate with Continental Properties, Inc., 2240 Palm Beach Lakes Blvd. #400, West Palm Beach, Florida 33409. FDBPR v. Mary Susan Jacobs Case No. 2001532593 Administrative Complaint 4. Atall times material, Respondent was employed by Boardwalk Realty from April 2001 to November 27, 2001. 5. On or about August 21, 2001, Alberto and Julia Marentes signed a listing agreement with Boardwalk Realty that expired on or about February 21, 2002. A copy of the listing agreement is attached hereto and incorporated herein as Exhibit 1. 6. On or about August 21, 2001, Alberto and Julia Marentes si gned a listing agreement to sell property located at 10760 Acme Road, Wellington Florida, whereas Respondent was the listing agent. 7. Atall times material, Respondent changed the expiration date for the listing signed by Alberto and Julia Marentes to on or about November 26, 2001, the day previous to her departure from Boardwalk Realty. 8. At all times material, Alberto and Julia Marentes did not authorize, approve or consent for Respondent to change the expiration date for the listing of property with Boardwalk Realty. 9. On or about June 24, 2001, Karen and Steve Hainline signed a listing agreement with Boardwalk Realty, to expire on January 30, 2002. A copy of the listing agreement is attached hereto and incorporated herein as Exhibit 2. 10. On or about June 24, 2001 Karen and Steve Hainline signed a listing agreement to sell property located at 11949 Acme Rd. Wellington Fl., whereas Respondent was the listing agent. 11. At all times material, Respondent changed the expiration date for the listing signed by FDBPR v. Mary Susan Jacobs Case No. 2001532593 Administrative Complaint Karen and Steve Hainline to on or about November 26, 2001, the day previous to her departure from Boardwalk Realty. A copy of the agreement is attached hereto and incorporated herein as Exhibit 4. 12. At all times material, Karen and Steve Hainline did not authorize, approve or consent for Respondent to change the expiration date for the listing of property with Boardwalk Realty. A copy of correspondence is attached hereto and incorporated herein as Exhibit 5. 13. On or about June 8, 2001, Scott Fernquist signed a listing agreement with Boardwalk Realty, to expire on April 30, 2002. A copy of the listing agreement is attached hereto and incorporated herein as Exhibit 6. 14, On or about June 8, 2001, Scott Fernquist signed a listing agreement to sell property located at 2797 Fawn Drive, Loxahatchee, Fl., whereas Respondent was the listing agent. 15. At all times material, Respondent changed the expiration date for the listing signed by Scott Fernquist to November 30, 2001, the day after her departure from Boardwalk Realty. 16. At all times material, Scott Fernquist did not authorize, approve or consent for Respondent to change the expiration date for the listing of property with Boardwalk Realty. 17. On or about August 22, 2001, DeeAnn and Cid Rivera signed a listing agreement with Boardwalk Realty, to expired on May 30, 2002. 18. On or about August 22, 2001, DeeAnn and Cid Rivera signed a listing agreement to sell property located at 17578 50" St. N. Lox, Wellington, Fl., whereas Respondent was the listing agent. FDBPR v. Mary Susan Jacobs Case No, 2001532593 Administrative Complaint 19. At all times material, Respondent changed the expiration date for the listing signed by DeeAnn and Cid Rivera to December 1, 2001, the day after her departure from Boardwalk Realty. 20. At all times material, DeeAnn and Cid Rivera did not authorize, approve or consent for Respondent to change the expiration date for the listing of property with Boardwalk 21. At all times material, Respondent did not receive authorization from Complainant nor any broker associated with Boardwalk Realty to change any of the expiration date of the previous mention listing, signed by Alberto and Julia Marentes, Karen and Steve Hainline, DeeAnn and Cid Rivera with Boardwalk Realty. COUNT I Based upon the foregoing, Respondent is guilty of 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 (as to Marentes listing). COUNT II Based upon the foregoing, Respondent is guilty of 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 (as to Hainline listing). COUNT II Based upon the foregoing, Respondent is guilty of 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), FDBPR v. Mary Susan Jacobs Case No. 2001532593 Administrative Complaint Florida Statutes (as to Fernquist listing). COUNT IV Based upon the foregoing, Respondent is guilty of 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 (as to Rivera listing). 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 FDBPR v. Mary Susan Jacobs Case No. 2001532593 Administrative Complaint 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. SIGNED this___/5. dayot Yct@beu , 2003. Department of Business and Professional Regulation By: Jason Steele Director, Division of Real Estate ~~ AILED >. ATTORNEY FOR PETITIONER Bibione of Professional Regulation F Division of Real Estate A. Santana, Senior Attorney Bae L Florida Bar N° 0318360 Pik 146 yet . i a Division of Real Estate b Oo 15 5 | lin Department of Business and Bate —————- 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: MV/GS 10/03 FDBPR v. Mary Susan Jacobs Ss Case No. 2001532593 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. 12/03/01 MON 10:00 FAX 561 659 5412 Alberto Marante, M.D. (goat i ‘Dron YOUR CONVENIENCE, EACH SECTION OF PAGES CAN BE SEPARATED INTACT BY PEELING THEM APART AT THE STUB. ls Exclusive Right.af Sale Listin; greament {"Agreament*) is betwee! : - By fo_¥ Lia ge. ("Seller") anc aL a _ (‘Broker’) AUTHORITY TO SELL PROPERTY: Seller ghee Broker thé EX’ NE TO SELL the by and ay Property (collectively ‘roperty’) described betow, at the price and t described below, beginning the 2/ day ot £7, 1 ,and aminating at 11:59 p.m. the al day of A 2M ze Terrination Date"). Upon fuléxecution of a contract for sale and DESCRIPTION OF PROPERTY: (a) Real Property Street Address: YOS f= AL Ll ak PLVTCT3.¢ Viel swe sy / Be O See Attachment a — (b) Personal Property, including appliances: A ofige - Dat 2 BAG ey . - ————____________ 91 See Attachment ___ _ (c) Occupancy: Property pe Gis not currently occupied by a tenant. If occupied, the lease term expires ___ . PRICE ANOFFERMS: The property is offered for sale on the following terms, or on other terms accepitable to Seller: (a) Price: AO oo (b) Financing Terms: ash W-eonventional QVA OFHA O Other _ Q Seller Financing: Seller will hold a purchase money mortgage in the amount of $__ . with the following terms: __ a O Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ . plus an assumption fee of $ . The mortgage is for a term of _— years beginning in __ _.__, at an interest rate of % Q fixed Q variable (describe) (c) Seller Expenses: Seller will Pay mortgage discount or othar closing costs not to exceed —-—__.____% of the purchase price; and any other expenses Seller agrees to pay in connection with a transaction. BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell the Property until a les contract is pending on the Property. Setler authorizes Broker to: (a) Advertise the Property as Broker deems advisable in Newspapers, publications, computer networks including the Internet and other media; place appropriate transaction signs on the Property, including “For Sale” signs and "Sold" signs (once Seller signs a sales contract); and use Seller’s narne in connection with marketing or advertising the Property; (b) Obtain information relating to the present Mortgage(s) on the Property. {c) Place the property in a multiple fisting service(s) (MLS). Seiler authorizes Broker fo report to the ML.S/Association of Realtors® thls listing information and price, terms and financing Information on any resulting sale. Seller authorizes Broker, the MLS and/or Association of Realtors® to use, license or sell the active fisting and sold data. Broker and Broker’s | Realtor Board / Association from all fabllity and responsibility in connection with any loss that ithhold verbal offers: hold all offers once Seller accepts a sales contract for the Property, SELLER OBLIGATIONS: In consideration of Broker's obligations, Seller agrees to: (a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all inquiries regarding the Property's transfer, whether by purchase or any ather means of transfer. ADM INISTRATIVE COMPLAINT (b) Provide Broker with keys to the Property and make the Property available for Broker is ast ging reagonable times. {c) Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property. ! 7 eT (ExuioiT eRabk or yor YOUR CONVENIENCE, EACH SECTION UF PAGES CAN BE SEPANAILU INIAUL OF PECLOWG sam Aeris: Ae iris wives — This Exclusive Rigit pf ‘Sa sp isting Agi popedh nt ("Agregment") is between Le ao ("Seller") and is 52 Le ("Broker") 1. AUTHORITY TO SELL PROPERTY: ee L gives a the EXCLUSIVE RIGHT TO SELL the real and personal property (collectively “Property") described below, at the price and terms described below, baginning the _2/_ day of __$ A Cals : __, and terminating at 11:59 p.m. the 2b day of A AAh tay _ ("Termination Date"). Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge that this Agreement does not guarantee a sale. This Property will be offered to any person without regard to race, color, religion, sex, handicap, familial status, national origin or any other factor protected by federal, state or local law, Seller certifies and represents that he/she/tt is legally entitled to convey the Property and all improvements. 2. DESCRIPTION OF PROPERTY: “ P if (a) Real Property Street Address: J O ? G O Vit. curt A.C Legal Description: Q See Attachment (b) Personal Property, including appliances: Q See Attachment (c) Occupancy: Property is O is not currently occupied by a tenant. If occupied, the lease term expires . PRICE AND TERMS: The property is offered for sale on the following terms, or on other terms acceptable to Seller: (a) Price: {b) Financing Terms: '3 Cash Q Conventional Q VA 2 FHA O Other wo QO Seller Financing: Seller will hold a purchase money mortgage in the amount of $. ee with the following terms: __ QO Assumption of Existing Mortgage: Buyer may assume existing mortgage for $. _ plus an assumption fee of $ _. The mortgage is for a term of _ years beginning in at an interest rate of % I fixed Q variabie (describe) Lender approval of assumption Q is required Q is not required Q unknown. Notice to Seller: You may remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your fender to cletermine the extent of your liability. Seller will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing. (c) Seller Expenses: Seller 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 Internet and other media; place appropriate transaction signs on the Property, including “For Sale” signs and "Sold" signs (once Seller signs a sales contract); and use Seller’s name in connection with marketing or advertising the Property: (b) Obtain information relating to the present mortgage(s) on the Property. {c) Place the property in a multiple listing service(s) (MLS). Seller authorizes Broker to report to the MLS/Association of Reattors® this listing information and price, terms and financing information on any resulting sale. Seller authorizes Broker, the MLS and/or Association of Realtors® to use, license or sell tre active listing and sold data. (d) Provide objective comparative market analysis information to potential buyers; and (e) (Check if applicable) O Use a lock box system to show and access the Property. A lock box does not ensure the Property's security; Seller is advised to secure or remove valuables. Seller agrees that the lock box is for Seller’s benefit and releases Broker, persons working through Broker and Broker's local Reaitor Board / Association from all liability and responsibility in connection with any loss that occurs, D Withhold verbal offers. Q Withhold all offers once Seller accepts a sales contract for the Property. (f} Act as a single agent of Seller with consent to transition to transaction broker. . SELLER OBLIGATIONS: in consideration of Broker’s obligations, Seller agrees to: (a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker ail inquiries regarding the Property's transfer, whether by purchase or any other means of transfer. (b) Provide Broker with keys to the Property and make the Property available for Bre Ott “Mingretsonle tines. (c) Inform Broker prior to leasing, mortgaging or otherwise eacumbering the Prope HIBIT # 3 (d) Indemnify Broker and hold Broker harmless from loss¢, iswviuny: costs, E* of yaw i ay nature including ache $ < evel ERS-9tn Rev. 5/00 ©2000 Florida Association of Reactor: eae eh a) % of the purchase an 7. Skill, care, and diligence in the transaction; 8. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and 9. Disclosing all known facts that materially ‘affect.the value of residential real property and are not readily observable. ¢ Date Signature i 7 Cs ctueetaeaetiitiamer ieee cieeeeaeeetne nie nn os — ~* —_- . IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. “ a You should not assume that any real estate broker or salesperson represents you unless you agree fo engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transactién broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation. ca a TRANSACTION BROKER NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE To BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION. As a transaction broker, and its associates, provides to you a limited form of representation that includes the following duties: 1. Dealing honestly and fairly; 2. Accounting for all funds; 3. Using skill, care, and diligence in the transaction; 4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer; 5. Presenting all offers and counteroffers ina timely manner, unless a party has previously directed the licensee otherwise in writing; 6, Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and 7. Any additional duties that are entered into by this or by separate written agreement. Limited representation means that a buyer or selier is not responsible for the acts of the licensee. Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not va to represént one party to the detriment of the other party when acting as a é { transaction broker to both parties. / / S oo “ay f ad ao . 3. if feo] wel NOU eee te 7 Date , Signature / ee cen ne eS Signature ah CONSENT TO TRANSITION TO TRANSACTION BROKER WITHOUT YOUR PRIOR WRITTEN CONSENT. N f a ! agree that my agent may assume the role and duties‘of a transaction broker. (must becintinlecsqrsigned)- COMPLAINT . . ree COMPLA f \ , / EXHIBIT wd ee Z S PAGE 65 Date Signature ‘, Signattre ~~ —_ oo \. 9. CONDITIONAL TERMINATION: At Seller’s request, Broker may agree to Conditionally terminate this Agreement. If Broker agrees to conditional termination, Seller ry sign a withdrawal agreement, reirhburse Broker for ail clirect expenses incurred in marketing the Property and pay a cancellation fee of $__ plus applicable sales tax. Broker may void the conditional termination and Seller will pay the fee stated in paragraphy6(a) less the pesca iKSelier transfers or contracts to transfer 18 Property or any interest in the Property during the time p fe rh he aise f rh termination to Termination Date and Drntantian Dacind if AAR Aahin f fees, and from liability to any person, that Broker incurs because of (1) Seller's negligence, representations, misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to Compensation from Broker. This clause will survive Broker’s performance and the transfer of title. (e) To perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445). (f) Make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer. Seller represents there are no material facts (building code violations, pending code citations, unobservable defects, etc.) other than the following: ar oes Seller will immediately inform Broker of any material facts that arise after signing this Agreement. (g) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting requirements and other specialized advice. 6. COMPENSATION: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing and able to purchase the Property or any interest in the Property on the terrns of this Agreement or on any other terms acceptable to Seller. Seller will pay Broker as follows (plus applicable sales tax): (a) fem % of the total purchase price OR $ No later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker’s fee being earned. (b) ($ or %) of the consideration paid for an option, at the time an option is created. If the option is exercised, Seller will pay Broker the Paragraph 6(a) fee, less the amount Broker received under this subparagraph. (c) ($ or %) of gross lease value as a leasing fee, on the date Seller enters into a lease or agreement to lease whichever is soonest. This fee is not due if the Property is or becomes the subject of a contract granting an exclusive right to lease the Property, (d) Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease, exchange. governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by Broker, Seller or any other person. (2) If Seller refuses or fails to sign an offer at the price and terms Stated in this Agreement, defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract. (3) If, within 7 /¢/ days after Termination Date ("Protection Period"), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom Seller, Broker or any real estate licensee communicated regarding the Property prior to Termination Date. However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another broker. me's (e) Retained Deposits: As consideration for Broker's services, Broker is entitled to receive 2h" % of all deposits that Seller retains as liquidated damages for a buyer's default in a transaction, not to exceed the Paragraph 6(a) fee. 7. COOPERATION WITH OTHER BROKERS: Broker’s office policy is to cooperate with all other brokers except when not in Seller’s best interest, and to offer compensation to: G Buyer's agents, who represent the interest of the buyer and not the interest of Seller in a transaction, even if compensated by Seller or Broker, (2 Nonrepresentatives 9 Transaction brokers. 2 None of the above (if this box is checked, the Property cannot be placed in the MLS): 1 Subagents (if Broker is acling as a single agent). / \ , . : eG 8. BROKERAGE RELATIONSHIP: C Oke fo eece cee IMPORTANT NOTICE ~ cee “LORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE fo POTENTIAL SELLERS AND 3UYERS OF REAL ESTATE. fou should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee 1 an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any formation you want to be held in confidence until you make a decision on representation. SINGLE AGENT NOTICE Xx LORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS ND SELLERS THEIR DUTIES. os 7 a S a single agent, a sSOciates owe to you the following duties: a os 1. Dealing honestly and fairly; a ss 2. Loyalty; a “ADMINISTRATIVE COMPLAINT 3. Confidentiality; ca a 4. Obedience; a EXH| 5. Full disclosure; ; Age 6. Accounting for all funds; o RYH 1Py a £49 if and its he ae - C disputes will be settled by arbitration as follows: Arbitration: By initialing in the space provided, Seller ( ¥ mediation will be settled by neutral binding ____) ( irst attempting . If litigation arises out S fees anc! costs, unless the parties agree that }, Listing arbitration in the county in which the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration or litigation {including appeals and interpleaders) will pay its own fees, costs and expenses, including attorney's fees, and will equally split the arbitrat 11. MISCELLANEOUS: This Agreement is binding on Broker’s and Seller’s heirs, Successors and assigns. Broker may assign this Agreement to another listing office. Signatures communicai ad by facsimile will be considered as originals. The term "buyer" as used in this Agr exchangors. optionees and other categories of potential or actual transferees. ors' fees and administrative personal representatives, administrators, , initials and modifications eement includes buyers, tenants, ees of arbitration. 12. ADDITIONAL TERMS: . os ch Le ra ca VARESE uh, eh ee Ce g id Fai Po 7 7 7 7 7 7 7“ : ; Fae OV eteid af 2 ony FLA Fe CPP GG a? ~ an a id On ek ere ee at kecp is ——. 2 fi { aS 7 La fh ' i ff Choma Seller: Let AEA OM oe ID No: aoe ee aa Cell_. Fax: ee Address: _\"2-“{_ F\ rhe Yew RO oe ol E-mail: Date: Seller: Tax ID No: 0 ee ae Telephone #'s: Home Work_ Celt : __.. Fax: __ i ! ‘ E-mail: Brokerage Firm Name: a . i: ' authorized Listing Associate or Broker: « 1 Address: ro The copyright laws of the United States (17 U.S. Code} forbid the eR this “a > SLH UD IT 5 elephone: Abii PENS SVE CUMPCAINT on EXHIBIT gf ae revert cinta oe, rt [ \ i Can ratirnad ta Gatlay an tha Anau nf nA anne ee a eee nol 7] e: Exclusive “ight of Sale Listing Agreement FLORIDA ASSOC .ON OF REALTORS® This Exclusive Right of Sale Listi ig Agreemgnt ("Agreement") is setwe, pozliale "& a _ g ("Seller") and St thug LLY Joan. yw 1A ("Broker"). ( 1, AUTHORITY TO SELL PROPERTY: Seller gives. Broker the EXCLUSIVE RIGHT TO SAL t real arapergbnal Property (collectively "Property") described below, at the price and terms described below, beginning the? 3 lay of 4 ~e2__,and terminating at 11:59 p.m. the ZU day of 7 by Ze y ("Termination Date"). Updn full execution of a contract for sale and . DESCRIPTION OF PROPERTY: . 7 (a) Real Property Street Address: [i (j F Y F Aca.9. Ab Wwe ( 6 Legal Description: [2 See Attachment (b) Personal Property, including appliances: QO See Attachment (c) Occupancy: Property Q is © is not currently occupied by a tenant. If occupied, the lease term expires 3. PRICE AND TERMS: The property is offered for sale on the following terms, or on other terms acceptable to Seller: (a) Price: (b) Financing Terms: 9 Cash 9 Conventional @ VA (FHA © Other 1 Seller Financing: Seller will hold a purchase money mortgage in the amount of $ _ with the following terms: Q Assumption of Existing Mortgage: Buyer may assume existing mortgage for $. _ plus an assumption fee of $. _. The mortgage is for a term of years beginning in _ at an interest rate of % (2 fixed @ variable (describe) _ Lender approval of assumption Q is required is not required Q unknown. Notice to Seller: You may remain liable 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, Seller will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing. (c) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed ____ % of the purchase 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 Internet and other media; place appropriate transaction signs on the Property, including “For Sale” signs and "Sola" signs (once Seller signs a sales contract); and use Seller’s name in connection with marketing or advertising the Property; (b) Obtain information relating to the present mortgage(s) on the Property. ~ (c) Place the property in a multiple listing service(s) (MLS). Seller authorizes Broker to report to the MLS/Association of Realtors® this listing information and price, terms and financing inforrnation on any resulting sale. Seller authorizes Broker, the MLS and/or Association of Realtors® to use, license or sell the active listing and’sold data. (d) Provide objective comparative market analysis information to potential buyers; and (e) (Check if applicable) Q Use a lock box system to show and access the Property. A lock box dogs not ensure the Property's security; Seller is advised to secure or remove valuables. Seller agrees that the lock box is for Seller's benefit and releases Broker, persons working through Broker and Broker's local Realtor Board / Association from all lability and responsibility in connection with any loss that Occurs. O Withhold verbal offers. 1 Withhold all offers once Seller accepts a sales contract for the Property. (f) Act as a single agent of Seller with consent to transition to transaction broker. SELLER OBLIGATIONS: In consideration of Broker's obligations, Seller agrees to: {a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all inquiries regarding the Property's transfer, whether by purchase or any other means of transfer. . (b) Provide Broker with keys to the Property and make the Property available for Broker to. ahew duringieasonabisuinosl (c) Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) Indemnify Broker and hold Broker harmless from losses, damages, costs and exBerbuB Ly att. er inching afforney’s ERS-9in Rev. 5/00 ©2000 Florida Association of ReatTor All Rights Regeye@e —_? OF meeeey - — RAH BIT #92 a oS SE SI fees, and fro. liability to any person, that Broker incurs because of (1) Seller’s negligence, representations, misrepresenu actions or if.actions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a coun arbitration decision that a broker who was not compensated in connection with a transaction is entitled to Compensation from , Broker: This clause will survive Broker’s performance and the transfer of title. * (e) To perform any act reasonably necessary to comply with FIRPTA {Internal Revenue Code Section 1445). (f) Make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer. Seller recresents there are no material facts (building code violations, Pending code citations, unobservable defects, etc.) other than the fo sowing: oan TP Sellér will immediately inform Broker of any material facts that arise after signing this Agreement. (g) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting requirements and other specialized advice. . 6. COMPENSATION: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to Seller. Seller will pay Broker as follows (plus applicab! le sales tax): oo (a) OO % of the total purchase price OR$_* : , No later than the date of closing specified in the sales contract. However, closing is not a preréquisite for Broker's fee being earned. (b) ($ or %) of the consideration paid for an option, at the time an option is created. If the Option is exercised, ~ Seller will pay Broker the paragraph 6(a) fee, less the amount Broker received under this subparagraph. . - (c) _. ($ or %) of gross lease value as a leasing feé, on the date Seller enters into’a lease of agreement to leagé,, whichever is soonest, This fee is riot due if the Property is or becomes the subject of a contract granting an exélusive right toh hig lease the Property. 7 (d) Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by Broker, Seller or any other persort. (2) If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement, defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract. (3) If, within days after Termination Date ("Protection Period"), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom Seller, Broker or any real estate licensee communicated regarding the Property prior to Termination Date. However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another broker. LF (e) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive St) % of all deposits that Seller retains as liquidated darnages for a buyer's default in a transaction, not to exceed the paragraph 6(a) fee. 7. COOPERATION WITH OTHER BROKERS: Broker’s office policy is to cooperate with all other brokers except when not in Seller's best interest, and to offer compensation to: Q Buyér's agents, who represent the interest of the buyer and not the interest of Seller in a transaction, even if compensated by Seller or Broker. OQ Nonrepresentatives O Transaction brokers. O None of the above (if this box is checked, the Property cannot be placed in the MLS). 2 Subagents (if Broker is acting as a single agent). [ 8. BROKERAGE RELATIONSHIP: | IMPORTANT NOTICE ; FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND i BUYERS OF REAL ESTATE. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee ¢ in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any , information you want to be held in confidence until you make a decision on representation. SINGLE AGENT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS F AND SELLERS THEIR DUTIES. we f As a single agent, . ae and its ; associates owe to you the following duties: f ~ i 1. Dealing honestly and fairly; f . NN 2. Loyalty; / Bers PVE COMPLAINT 3. Confidentiality; J ADMINIQTRA piv Gee 4. Obedience; ; é EXHIBIT a 5. Full disclosure; ; : - OF 6. Accounting for all funds; PAGE __ 22. OF Ssh ee 4 ERS-9in Rev. 5/00 ©2000 Florida Association of Reape Rey fh iT Saueion is Reserved Page 2 of 10. DISPUTE RESOLUTION: This Agreement will be construed under Florida law. All controversies, claims and other matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first attempting mediation under the rules of the American Arbitration Association or other mediator agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover reasonable attorney's fees and costs, unless the parties agree that disputes will be settled by arbitration as follows: Arbitration: By initialing in the space provided, Seller ( d¢ ), Listing Associate ( ) and Listing Broker { ) agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration or litigation (including appeals and interpleaders) will pay its own fees, costs and expenses, including attorney's fees, and will equally split the arbitrators’ fees and adrninistrative fees of arbitration, 11, MISCELLANEOUS: This Agreement is binding on Broker's and Seller's heirs, personal representatives, administrators, successors and assigns. Broker may assign this Agreement to another listing office. Signatures, initials and modifications communicated by facsimile will be considered as originals. The term "buyer" as used in this Agreement includes buyers, tenants, exchangors, optionees and other categories of potential or actual transferees. 12. ADDITIONAL TERMS: ee a eee $e a B/E Date: G25. Cf Seller: \ rao aS _ Tax ID No: _ - - Telephone #'s: Home 77 J 21V Ls | work “20> ia Go|? Cell _ Fax: Address: a a E-mail: Date: _/o: 23. Of Seller: “ Tax ID No: __ - - Telephone #'s: Home Cell Fax: Address: ee ! E-mail Date: Authorized Listing Associate or Broker: FOMINISTRATIVE COMPLAINT Brokerage Firm Name: Jelephene: EXHIBIT #2 Address: 7 PAGE s oF The copyright laws of the United States (17 U.S. Code} forbid the unauthorized Teproduction of this form by any means including facsimile or computerized forms. | Copy returned to Seller on the day of fo by: personal delivery 2) mail O facsimile, | ra 5 > ee ERS-9tn Rev. 5/00 ©2000 Florida Association of rearonel GLO Td Page | 7. Skill care, and diligence in the transaction; 8. Prasenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and 9. Disclosing all known facts that materially affect the value of residential real property and are not readily observable. a Date Signature _ a IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. . : You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation. TRANSACTION BROKER NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION. As a transaction broker, : and its _ associates, provides to you a limited form of representation that includes the following duties: : 1. Dealing honestly and fairly; 2. Accounting for all funds; 3. Using skill, care, and diligence in the transaction; 4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer; 5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; 6. Limited confidentiality, unless waived in writing by a party. This fimited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, Of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and 7. Any additional duties that are entered into by this or by separate written agreement. Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties, f Hi i fa f fl. @/94 12001 Date | i ae Signature CONSENT TO TRANSITION TO TRANSACTION BROKER FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT. oe | agree that my agent may assume the role and duties of a transaction broker. (must be initialed or signed) f 7 “ a . ; a aaa 23.9! foe SL, Date Signature / ‘ Signature 9. CONDITIONAL TERMINATION: At Seller's request,’Broker may agree to conditionally terminate this Agreement. If Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct expenses incurred in marketing the Property and pay a cancellation fee of $ plus applicable sales tax. Broker may void the conditional termination and Seller will pay the fee stated in paragraph 6(a} less the cancellation fee if Seller transfers or contre cts to transfer the Property or any interest in the Property during the time period from the date of conditional termination-to-Terminatién'Bate and . Protection Period, if applicabie. EXHISH i _ Ec cingee C— © ——amag ERS-9in Rev. 5/00 ©2000 Florida Association of Reaitors@ de 12/82/2081 23:41 2482481158 PAGE 61 000, ee oF CPE SF A 8/38 PF oe a, ST: * ‘ eck (6) Ocoupency: Property G la @ is not Guvertly Gocpled by & lanarts B oacinied, the ase torent . §. PRICE AND The is offered for ania cn the folowing tirms, or on other terms acceptable to Seber. 5 ee fNeme in connection with " rece maton Mating to the present mertgagete on the od “ Frace the property @ Multiple servios(e} (MLS), Seller athories Broker to * Rasttons® bed lating Faport fo the MLS/Azsociation of SF eee TO eR Bnd rencha orm on any eomiing wale. Sabor mfr race nero comparstive 66) (Check I appsicabte) C Use @ lock box system 10 ahow and acoums the @naure tha Property's security; Property. A lock box hg Fry Ne aio. Dlr yume et bk ox br Beaers ah eee ce working through fleoleer aL Board / Aaecchaion rom al tally ancl reponebiky h connection wor bo th Property, ten Ries 6400 €2000 Pande Association ul Piucrooum Al Viigrte Reserveri 1 Pape? ye (exe Orr a9.2y° — _ GRAM CORPORATION ALwiiio bi ¥ ERUSRasE TG I ez:01—zooz7E07z8 OF 37? 12/83/2681 80:48 2482481150 GRAM CORPORATION PAGE ®@1 11949 Acme Rd. ~ Wellington, PI. * 33414 From the desk of ak S54 706 TS56 * Fe 240-240-1150 Stephen A. Hainline a ees ~ 1 December 3, 2001 Mr. & Mrs, Robert Johnson Boardwalk Reatty 12794 W. Forest Hill Blvd. Wellington, Ft. 33414 Re: 11949 Acme Rd. - Wellington, Fl. 33414 Dear Mr. & Mrs. Johnson: Since there seems to be a question as to the date of the expiration of the fisting on my property, | felt it necessary to forward this letter. This letter will notify you that as of this date | would like to cancel my listing with you and your organization for the Property stated above. This canceltation in no way means that the December 1" expiration of our agreement is not valid, it simply insures that the end resutt is the same. | thank you for your work with us on our Property and hope you will feel insured that if you have a future interest in our property, you would be treated fairly and surely compensated. Sincerely, ADMINISTRATIVE COMPLAINT HBT 4 _ _ PAGE «OF SKM BIT #72 “3 i ‘\ sof.Sal ‘Listing Agreement Oe ak. This Exclusive Right of Sale Listin Agree or Agreement”) is between So AIG LM Seller’) and k y /_ TSE nope (Broker, 1. AUTHORITY TO SELL PROPERTY: Seller oves Broker the EXCLUSIVE RIGHT TO SELL the realand personal property (collectively "Property" described below, at the price and terms described below;beginning 3.25. day of HAA 200, [ and BGs, of Rp = 2-002 en SiGe"), Upon full execution of ac Mtract for sale and purchase of the Property, all tights and obligations of this Agreement will automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge that this Agreement does not guarantee a sale. This Property will be offered to any person 2. DESCRIPTION OF PROPERTY: (a) Real Property Street Address: __ 2277 AT FQum_ Dtr~5 Knee tothe g Legal Description: are Row Lot ot _. _ See Atlachment . _ (b) Personal Property, including appliances: Z, AM tA Le afi Welty Ahtale TDlepee COA gp so a _. See Attachment {c) Occupancy: Property Q is Q is not currently occupied by a tenant. If occupied, the lease term expires | 3, PRICE AND TERMS: The Property is offered for sale on the following terms, or on other terms acceptable to Seller: O Seller Financing: Seller will hold a purchase money mortgage in the amount of $ __ __. with the Q Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ a plus an assumption fee of $ _.. The mortgage is for a term of years beginning in at an interest rate of __% (2 fixed 1D variable (describe) _ _ _ Lender approval of assumption Q is required Q is not required (4 unknown. Notice to Seller: You may remaity liable 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, Seller will ensure that ail mortgage payments and required escrow deposits are current at the time of closing and will convey the escrow deposit to the.buyer at closing. (c) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed OF the purchase price; and any other expenses Seller agrees to Pay in connection with a transaction. - BROKER OBLIGATIONS AND AUTHORITY: Broker agrees lo make diligent and continued efforts to sell the Properly until a ales 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 Internet and other media; place appropriate transaction signs on the Property, including "For Sale” signs and "Scid" signs (once Seller signs a sales contract); and use Seller's name in connection with mar keting or advertising the Property; (b) Obtain information relating to the present mortgage{s) on the Property. (c) Place the Property in a multiple listing service(s) (MLS). Seller authorizes Broker to report to the MLS/Association of Reallors™ this listing information and price, terms and financing information on any resulling sale. Seller author 'zes Broker, the MLS and/or Association of Reallors® to use, license or sell the active listing and sold data, (d) Provide objective comparative market analysis information to potential buyers; and (e) (Check if applicable) LL6e a lock box system to show and access the Property. A lock box does not ensure the Property's security; Seller is advised to secure or remove valuables. Seller agrees that the iock box is for Seller's benefit and releases Broker, persons working through Broker and Broker's local Realtor Board / Association from all liability anc responsibility in connection with any loss that scours Lavtpon verbal offers. thihold all offers once Seller accepts a sales contract for the Property. 9) Provide Broker with keys to the Property and make the Property available for hy iQ shove during: easindbleiiNds. >) Inform Broker prior to leasing, mortgaging or otherwise encumbering the Prope you! 4) Indemnify Broker and hold Broker harmless from losses, damages, costs and &Kebbeblot-4 ture, ineldinerattomey oe 3-9tn Rev. 5/00 ©2000 Florida Association of REattons® All Rights Resered \ OF Page 1ofd y ~~ AAS —_— —_— (Ryman #93) fees, and from liability to any person, that Broker incurs because of (1) Seller's negligence, representations, mistepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Properly, or (4) a court or arbitration decision that a broker who was not compensated in connection with a iransaction is entitled to compensalion from Broker. This clause will survive Broker's performance and the transfer of title. (e) To perform any act reasonably necessary to comply with FIRPTA (internal Revenue Code Section 1445). (f) Make ail legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer. Seller represents there are no materiat facts (building code violations, Pending code citations, unobservable defects, etc.) other than the following: -_ _ Seller will immediately inform Broker of any material facts that arise after signing this Agreement. (g) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting requirements and other specialized advice, . 6. COMPENSATION: Seller will compensate Broker as specified below for Procuring a buyer who is ready, willing and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to Seller. Seller will pay Broker as follows (plus applicable sales tax): (a) Gb % of the total purchase price OR $ no later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker’s fee being earned, (b) ($ or %) of the consideration paid for an option, at the time an option is created. If the option is exercised, Seller will pay Broker the paragraph 6(a) fee, less the amount Broker received under this subparagraph. (c) ($ or %) of gross lease value as a leasing fee, on ihe date.Seller enters into a lease or agreement to lease, whichever is soonest. This fee is not due if the Property is or becomes the subject of a contract granting an exclusive right to lease the Property. (d) Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by Broker, Seller or any other person. (2) If Seller refuses or fails to sign an offer at the price and terms state in this Agreement, defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract. (3) If, within days after Termination Date ("Protection Period’), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom Seller, Broker or any real estate licensee communicated regarding the Property prior to Termination Date. However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another broker, (e) Retained Deposits: As consideration for Broker's services, Broker is entitled to receive SU % of all deposits that Seller 8. BROKERAGE RELATIONSHIP: IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation. SINGLE AGENT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES. ‘ As a single agent, and its associates owe to you the following duties: 1. Dealing honestly and fairly; 2. Loyalty; 3. Confidentiality; ADMINISTRATIVE COMPLAINT. 4. Obedience; E DIT oy. 5. Full disclosure; XHIBIT Hi 6. Accounting for all funds; AGE _ 2 oF _ ERS-9tn Rev, 5/00 ©2000 Florida Association of Reatrorns® All Rights Reserved Page 2 “ b EXNteIT #9.3 fees, and from liability to any person, that Broker incurs because of (1) Seller's negligence representations, misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker. This clause will survive Broker’s performance and the transfer of title. (e) To perform any act reasonatly ndcessdry to'comply with’ FIRPTA (Interna! Revenue Code Section 1 445). (f) Make all legally required disclosures, including all facts that materially affect the Property's value and are not reaciily observable ér khownt by the buyer. Seiler represents there are no material facts (building code violations, pending code citations, unobservable defects, etc.) other than the following: pL GN ae _ . oe 7 Dey i ng this Agreement. 6. COMPENSATION: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to Seller. Seller wil! pay,Broker as follows (plus appliceble sales tax): at. : (a) @ % of the total purchae pric ORG tty Eee . No later than the date of‘closing specified in the sales contract. However, Closing is not a prerequisite for Broker's fee being earned. (b) i ($ or %) of the donsiderdtion paid for ari Option, at the time an option is created. If the option is exercised, Seller will pay Broker the Paragraph 6(a) fee, less the amount Broker received under this sudparagraph, Of gross lease value as & leasihg fee} n the ddie Seller entets into a lease or Agreement id lease, mhes the slibjeét éf a contract granting an exclusive right to (c), ($ or %) : whichéver is soonest. This fee is Not due if the-PrOperty is or bédoi lease the Property. ‘ {d) Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by Broker, Seller or any other person. (2) If Seller refuses or fails to sign an offer at the price and terms Stated in this Agreement, defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract, (3) Hf, within / yf) days after Termination Date ("Protection Period"), Seller transfers or contracts to transfer the Property or any interest in the Property to any Prospects with whom Seller, Broker or any real estate licensee communicated regarding the Property prior to Termination Date. However, no fee will be due Broker (e) Retained Deposits: As consideration for Broker's services, Broker is enlitled to receive _\ 4) % of all deposits that Seller retains as liquidated damages for a buyer's clefault in a transaction, not to exceed the paragraph 6(a) fee. 7, COOPERATION WITH OTHER BROKERS: Broker's office policy is to cooperate with all othar brokers except when not in Seller's best interest, and to offer compensation to: Q Buyer's agents, who represent the interest of the buyer and not the interest of Seller in a transaction, even if compensated by Seller or Broker. Q Nonrepresentatives © Transaction brokers. Q None of the above (if this box is checked, the Property cannot be placed in the MLS). Q Subagents ‘if Broker is acting as a single agent). 8, BROKERAGE RELATIONSHIP: IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. SINGLE AGENT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE To BUYERS AND SELLERS THEIR DUTIES, As a single agent, nt : “ and its associate ‘6we to you the following duties: me . 1, Dealing honestly and fairly; — 2. Loyalty; a 5 STRATIVE COMPLAINT 3. Confidentiality; s ADMINISTRA . Obedience; ™. EXHIBIT # a . Full disclosure; PAGE 3 OF ann . Accounting for all funds; ERS-9in Rev. 5/00 ©2000 Florida Association of REattors® All Rights Reserved Page 2 of 4 EMH it £93 7. Skil, care, and diligence in the transaction; 8. Presenting all offers and counteroffers in a timely manner, unless a 9. Disclosing all known facts that materially affect @ Nas previously directed the licensee otherwise in writing; and itial real property and are not readily observable. Date Signature me ae wena, a ne a IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation. ° + TRANSACTION BROKER NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE To BUYERS AND SELLERS THEIR ROLE AND DUTIES IN COONS A UMITED FORM OF R ENTATION, As a transaction broker, LK W SL! Q_k and its associates, provides to you a limited form of representation that includes the following duties: { 1. Dealing honestly and fairly; 2. Accounting for all funds; 3. Using skill, care, and diligence in the transaction; 4. Disclosing all known facts that materially affect the value of residential real property and are riot readily observable to the buyer; 5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; 6. Limited confidentiality, unless waived in wr i Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties are giving up their rights transaction broker to both parties. : / Date Signature Signature CONSENT TO TRANSITION TO TRANSACTION BROKER | agree that my agent may assume the “ of a transaction broker. (must be initialed or signed) Date Signature Signature 9. CONDITIONAL TERMINATION: At Seller’s request, agree to conditionally terminate this Agreement. If Broker agrees to conditional termination, Seller must sign ent, reimburse Broker for all direct expenses incurred in marketing the Property and paya eee $ plyg applicable sales tax. Broker may void the conditional termination and Seller will pay the fee statech Paragraph 6(a) less the cancelation fee if Seller transfers or contracts to transfer the Property or any interest in the Property dcring the time period from the date of ca®siaitiial Yetminations-to-Tevimination Gate and Protection Period, if applicable, - EXH! “ a = ERS-9tn Rev. 5/00 ©2000 Florida Association of Reattoas® & All Right Reserved Y! OF Page 3 of 4 —— YHUBIT &F: orney's fees and costs, unless the parties agree that disputes will be settled by arbitration as follows: Arbitration: By initialing in the space provided, Seller ( ){____}, Listing Associate ( ) and Listing Broker ( } agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which the Property is located in accordance with the rules of the American Arbitration Association or othe arbitrator agreed upon by the parties. Eaéh party to any arbitration or litigation (including appeals and interpleaders) will pay its own fees, costs and expenses, including attorney's fees, and will equally split the arbitrators' fees and administrative fees of arbitration. 11. MISCELLANEOUS: This Agreement is binding on Broker's and Seller's heirs, personal representatives, administrators, successors and assigns. Broker may assign this Agreement to another listing office. Signatures, initials and modifications communicated by facsimile will be considered as originals. The term "buyer" as used in this Agreement includes buyers, tenants, exchangors, optionees and other categories of potential or actual transferees. 12. ADDITIONAL TERMS: HOTU eld 2 es ee Date: 6-4-OL seller: ay Tax ID No: $ % C - mG) O- Boy Telephone #'s: Home. ‘Vo LIS A>_ Work Cell__ Fax: Address: E-mail: Date: Seller: Tax ID No: 0 = we Telephone #’s: Home Work Cell Fax: oe Address: _E-mail: Date: Authorized Listing Associate or Broker: ADMINISTRATIVE COMPLAINT Brokerage Firm Name: Telephone: EXHIBIT ———— Address: PAGE > GF The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. by: personal delivery 0 mail Q facsimile, | ERS-9tn Rev. 5/00 ©2000 Florida Association of Re ‘oRS® All Rights Reserved Page 44 is 3 LY (7 EF.

Docket for Case No: 04-002388PL