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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs REGINALD D. LUCAS AND REGGIE REALTY AND INVESTMENTS, INC., 04-004045 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-004045 Visitors: 15
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: REGINALD D. LUCAS AND REGGIE REALTY AND INVESTMENTS, INC.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Cooper City, Florida
Filed: Nov. 08, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 7, 2005.

Latest Update: Dec. 24, 2024
Ch NOB PAL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, , a . \ ( —UPPyule Petitioner, (> \ | 0 \ | S vs. FDBPR Case N° 2003080860 2003081146 REGINALD D. LUCAS AND REGGIE REALTY & INVESTMENTS, INC. Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Reginald D. Lucas and Reggie Realty & Investments, 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 Reginald D. Lucas (Lucas) is and was at all times material hereto a licensed Florida real estate broker, issued license number 246988 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker with Reggie Realty & Investments, Inc., 10400 Griffin Road #108A, Cooper City, Florida 33328. . ° ay FDBPR v. Reginald D. Lucas Case No. 2003080860 Administrative Complaint 3. Respondent Reggie Realty & Investments, Inc., (Reggie Realty) is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 246732 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 10400 Griffin Road #108A, Cooper City, Florida 33328. 4. Atall times material hereto, Respondent Reginald D. Lucas was licensed and operating as qualifying broker and officer of Respondent Reggie Realty & Investments, Inc. 5. Respondent Lucas was the selling agent in a sales contract between seller, Christine Glinski, and buyer, Tome Ford. A copy of the contract is attached hereto and made a part hereof as composite Exhibit 1. 6. The purchase contract required an initial escrow deposit by buyer of $1,000.00, which was initially deposited with Cooperative Title Company. 7. On or about May 23, 2003, and prior to the closing, Cooperative Title released the $1,000.00 escrow deposit to Respondent Lucas with the understanding that Respondent was to take those funds to the closing to be held at First City Title, Inc. 8. Respondent Lucas deposited the $1,000.00 escrow deposit in his operating account. 9. On or about May 23, 2003, Respondent Lucas received at the closing the total commission that he was entitled to of $2,616.00. 10. First City Title, Inc., demanded the $1,000.00 escrow deposit from Respondent Lucas and Lucas refused to deliver the money to First City Title, Inc. FDBPR v. Reginald D. Lucas Case No. 2003080860 Administrative Complaint 11. At the latest Respondents were notified that First City Title, Inc. was making claims on the escrow deposit on or about July 23, 2003. 12. Respondents did not implement any of the escrow dispute settlement procedures as required by Florida Statute 475.25(1)(d). 13. Respondent Reggie Realty and Investments, Inc., was administratively dissolved as a corporation on September 21, 2001. 14. Respondent Lucas failed to ensure that Reggie Realty was properly licensed. 15. Respondents failed to notify the department that they changed the company’s mailing and physical address in late July of 2003. COUNT I Based upon the foregoing, Respondent Reginald D. Lucas is guilty of breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT IL Based upon the foregoing, Respondent Reginald D. Lucas 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 Reginald D. Lucas 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 FDBPR vy. Reginald D. Lucas Case No. 2003080860 Administrative Complaint 475.25(1)(e), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Reginald D. Lucas is guilty of failure to ensure that corporation has a current registration with the Petitioner in violation of Rule 61J2-5.019 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT V Based upon the foregoing, Respondent Reginald D. Lucas is guilty of having operated as a broker for an unregistered employer in violation of Section 475.42(1)(b), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT VI Based upon the foregoing, Respondent Reginald D. Lucas is guilty of failure to notify the Petitioner, in writing, of the current mailing address and any change in the current mailing address, within ten days after the change, in violation of Rule 61J2-10.038 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT VII Based upon the foregoing, Respondent Reggie Realty & Investments, Inc. is guilty of breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT VIII Based upon the foregoing, Respondent Reggie Realty & Investments, Inc. is guilty of failure FDBPR v. Reginald D. Lucas Case No. 2003080860 Administrative Complaint to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT IX Based upon the foregoing, Respondent Reggie Realty & Investments, Inc. is guilty of having operated as a broker without being the holder of a valid and current license as a broker in violation of Section 475.42(1)(a), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT X Based upon the foregoing, Respondent Reggie Realty & Investments, Inc. is guilty of failure to notify the Petitioner, in writing, of the current mailing address and any change in the current mailing address, within ten days after the change, in violation of Rule 61J2-10.038 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand, imposition of probation subject to terms including, but not limited to, requiring the licensee, FDBPR v. Reginald D. Lucas Case No. 2003080860 Administrative Complaint 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 6132-24.001. SIGNED this___\% day of Eb nuas., , 2004. ye aT Cara Department of Business and Professional Regulation ‘ 7 : By: Jason Steele U — Director, Division of Real Estate pee gen Cy NOY <8 PHIZ 06 FDBPR v. Reginald D. Lucas Case No. 2003080860, : Administrative Complaint ae fap ATTORNEY FOR PETITIONER Alpheus C. Parsons, Senior Attorney Florida Bar N° 0607721 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 ACP/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 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. p-.5 Sep 15 2003 1:31PM HP LASERJET 3330 ees . . a .R hart, Jr. 727-66S-0991° ' Pp. Apr. 08,03 O4:96p iNerry, A. Rein REGGIE REALTY _| PAGE a2 : —~ mi gy -8 mitt Go CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY Dele of Lastcrvomion ny CF THAIS AN FRA, vA, SONDOMINTUM, COOPERATIVE or VACANT LAND CONTRACT, RIDERS ARE REQUIRED. DISCLOSURE SUMMARY [VREQUIRE IF A ROMROWNEES AGBOCLATION} on PROPERTY WAS BUILT PRIOR TO 4998, ALEAD BASED PAINT DISCLOSURE 18 Rhu TEE: EFFECTIVE Date ' TD Aorian ! Deary te Signer ) Seller: CH Rt STH ¢ y \ 2 Buyer, F 3 hereby agree that the Soller shall ell and tbe sting i 4 thereon, UPON THE TERMS TITONS ¥; R + 1. LEGAL DESCRD dg. Jax Folio #«V 33-7 o@itren . Oo OW pa ar 7 ADDRESS 2 ASE ° a (City) (Zip + 4} 9 SELLER OWNED FERSONAL PROPERTY INCLUDED: All Gacd equipment, water beaters, window Deatmugnw, screens, and 10 hardware, attached floor coverings, attached lighting fixnures, aad the Sillowing items as presemy in place on] said propery cera u tpert are multiple items, enner tha cumsber af items je, S& Ceiling Fans) 12 Ac Ine Moleor Weak Pool Motur / Pump / F Seowrley 13 “W'Cental Host rE her : pe Pont Equemax p/ Pier — AL 14 Miatow all A/c ee | Ti Wate Se teoer Purif Peat xen — Sr Systems wiPaenp e. i] Garage er SpeHoe ~ 16 —_ ReGigerator —— Mictowsve Oven — betersom = Abeve Ground Poet naar ec Antanoe {7 ADDITIONAL PERSONAL FROPERTY INCLUDED: ie LEASED EQUIPMENT IF "(8.8.1 Security System, Water Heater, Appliaacke’ iF) Seller represents that the Broperty can now be f ' ‘ to 2. PURCHASE PRICE in U.S, funds:.. Fab tees ee cee ton sesees 3. METHOD oF PAYMENT: (a) Deposit(s) to be beld in escrow by {b) Additional escrow deposit due within Escrowed funds be placed in an ixterest bearing account with interest to accrue to the Kacrow Agent ualess precluded byte C8 -f-O3 as Poe a 2 3 a s 6 i. 7 (ec) Amount of new note and mortgage to be exectttad b the Buyer to any Ieiader ocher than the , TYPE OF MORTGAGE [ onventional, [ | ° { ]Bond/Grant,{ } Fixed Rate, { ] Varieble, | ] Other at prevailing interest rate, payable in 2 “monthly installments to i i i F 3 6 a s ? ‘ > > 1 t 1 The commission or omisstom of any act hy the Wuyer calewleted to Produce a rejection by | the prospective lender shail constitute an act of default under this contract. I (2) Porchase monzy mortgage and note to Seljer inthe principal amoust of. ..-.-.-......8 a bearing interest ar % for Years. [ ] Prosly Anrumsble { ) Assumnabi widalidying i Vranas tad eam Chasge { ) Non-Assumthle (9 PURCHASE PRICE setenssssessststvnsstensteeecasseits ey At, Fo FeO 3g 1 4 ATTACHMENTSRD ATTACHED AND MADE A PART OF THIS CONTRACT: } { ] FHA or VA, [ ‘ondominsim, |, 1 Co-op, { ) Homeowner's Association, { | Vacant Land and/or ( ca i NOTE: K Buyer will be Obligated to be a mamber ofa Homeawnery’ Association, BUYER SHOULD NOT core THIS 6, OSING DATE: This Contract shall be closed and the closing documents and possaasion shall be delivered on onbefore a? 1. 4£-03 7 THUS FORM KAS BEEN APPROVED BY THE SOUTH BROWARD BOARD OF REALTORS*, INC. | ‘The ip a Joguliy binding Contras end Steordingly you may wish to stek Lepol, Yaveonments! and/or Tex Advier i HP LASERJET 3330 2:31PM | Sep 15 2003 1 Reinhart, Jr 727-669-0991 ; PS . el 1 - Apr 08.03 04;38p teers A REGGIE REALTY Pace a3 a2 SIANDARDS FOR ZEAr, ‘ATE . 3 OA ESCROW: Time is of the SF anly with aeference to the pees ofall aa Ga rhe ry ox zecelving the deposit, au Sipe ik A Ste eae eee eae, SN Bekah eee Te my Subject cleermnce, ordmace entract Failure o Cleartnce of funds riper dis eeraunce by Buyer, Provided, hover ‘that in the avegt « 36 gn) tans het ad acer Speyer be Pa Ge deposi se (elt C) take ms actin and holed al fond ase focuments, if wy) nel agreement is renee between the di spe: Ce gate = beside a court 1 of competent Srieditioh « 2G the appeal period has thereen, or if appeaind hes on nary na oe cond tm aceardance m (2) institute an action for de f it C) oining all affected parties end thereatcs ¢ mat a ltiate ecgont of the cour with separ ey Uae sree ye im $1 disposition of documents, {fany. In the mene? suit Mrs DUE nd Seller wherein toe Eaceey age 2 made a by virtue ef acting 82 Eserow t or in the event of Leemed Renew Apt inteplends he subject naer ee Escrow Agent she’ Cs] be cuuitled fo recover all anomney’s fees and COMA ini inchuding Coste and attorney's fees for Sppellat proceeding The Escrow Agen 64 9 edn ene Se ehh rene Ac gt pe med te the Escrow 64 shal} se) awe 0 fhe prevailing party and charged og Sa Conte apeinst the loming party So ep ga teva. Party receiving th, 6 deporit(s) shail be entitled tothe fe interplesder relief and award of atearney'e feo und cost fegardless of whether said erty is alan cleimin: 6? aera ey ScPOus) monies ax real estate comalsting spcadeat sete Sind by one or bork Buyer or Sell & wult involving th: 6& escsow bolder and fe OF not any pary Buyer or Seller bas i independent action tseruw holder and Cd wot the astrow holda: 69 ihe interplender action for his own Any Agent who halds Any deposit(s) under the terms of thi shall, opon the bg Gling of Om interpleader ection, be obligared tp deliver said deporit(s) to the regisery of the court for Glaposition in se jm Se intspleade 7 The Escrow Agent sda not be liable to any party or person far miedelivery to Buyer of Seller of items ay ect to thei escrow, unless such nm waar 2 doe to wills treed of he provisina of thas beac 89088 negligence of the rot " | 74 «2 MORTGaGES: . uy ooo . i 78 lL, NEW MORTGAGES: If this Comract Provides! for Buyer to obtain a ew mortgage, then Buyer's performance under this Contract adel) be 76 Contingent upen Buyer's obtaining smid mortgage Ggancing upon the terms stated, or If none Mé Stated then Upon the scoerally prevailing at 77 rach time in the « here tas property is located, Fe ae ee UNE exncutes a naw mortgage, all charred ee tothe mortgage shall 7” be pald by the Baynr, in the event e letter of for mid fiesezing ir not obtained anking days (20 ing days if blank in not 7” Aided in) trom the EePective Date of this Conteet then cakes ma this Cantract.by delivery of written notice the other party or his 80 = Agent, the tie al minty a eo Obs all pasties thay So zeleases Fone fate @ abal! rease upon obtaining « waitten Jeter 6; approval regardiess Contingen &2oprovioualy me herein peice to the ditlivery of tena of teria ‘i ® 2. ee bu MORTGAGES: The Seller shall oben ted forest statement from the mortgage te oscrow balamre, method of payment, interem rate, sapamability and whether Mortgage is i; es ownerahin, inrluding charges for #n asmamption fes, it sball be borne equally by the Buyer end the Seller 86 Buyer shall made tpptication fir assumption Of the existing ‘Within Sve (5) beaking deye "7 tae aera ea CAKE XWDOt fut, itgmat effort to annune he Seen agrees to execute ity the samumption said mortgage, Tn the event the doog Bive written consent to pernait the Buyer to amuse tre i] rate and terns of Y cther parated in Paragreps 3(€) within thirty (30) beaking dare Cilber 0 crim Dotice to the other party of ther Agent then depois) ahall be ened w the 35 7) obligations berunder, This right i shall cease Upon the Buyer obtaining written 2 delivery Of the notice of termination, ! an ie) Ifthe Total momyage inderedness on the property ig Jose than. the extount indicated in this’ % se a ng gg oe Be ees cpa eS i ference. 7 wae Oe eG bave the Sight to yrovitie the additional cach needed te dose Orta declare this Contract mui! and void. GAGES To SELIFRs: ly Aereiuefier provided, e@y purchase money néte land morgage to . : aa speciscall: ~ aa peel of pa Tam! BET tepid ia hw olny wheat es Mancy morgage! Provide for an Seroreacn Sle ale ae ae ear ND) teen cal cae ge ee ible value of the te eter aR eo Dtied on te trans poly tatoo a eae end note abel! provide fur accel mi the option of ‘the bolder, after thirty (30) daya® detanit and 4 junior morgage shall brovide for acceleration, atthe option of the holdey, after tex (210) days’ defautt. Provide far r Bens and encumbrances ip good standing and shall forbia'the owper rama mccepting modifications or future ‘advances wader may price marigages, Any to close duo to the Fhture of tie Buyer to provide for the required spousal jodndet, Buyer shall be considered to bein defiut of tir Contact C. INSPECTIONS: (Acrew and all utilities for Completion of inspections shall be provided py Seller.) 1, SCOPE OF INSPECTIONS: Buyer shall, ot his expense, bave She righ to mae the following immpent ans: i Kterninats ADMINISTRATIVE THIS FORM BAS BREN APPBAUOR we mee nee ~- EXHIBET a _. COMPLAINT Sep 1S 2003 1:32PM Ree 08 03 04:39p o ~ Sw V¥aweaune gs p-7? HP LASERJET 3330 - -ogg1 p.4 . rt. Jr. 727-859 O8ERRE gous Sag) Reinhart, REGGIE REALTY | PASE ga (>) Reot: Thapection must be performed by a Licensed Florida 1ooGér or Hcenset Fieside Gener there ory al C ; i i! Se ae: seat leaits od stage te facie er soft. IF inspestiog Teveals that repairs tndhor replacements are rege ol oret the nal svidien Selle. rbd to eed ae hl be sepred,nocugie ce of ronfing materials chad, hime , CPacioms: ipping tes Je Me ee A tibng Setar shingles eat ee : ‘ 8. Wea not Kimsted ; fice dnareatins: Buyer, ot is expeate Se make suck otter iupections of the Premises is be decas restonably nece Sa inspec! r} fade by Meeased perreng of compenins QualiGed to perfor, the inmpections end: give seem ROY Seltonal insects (5 Salar rested Tain ea incluae tay acer tal be for (£) Seller 1 not required te repair commetic conditions (sesthetic defeetdy vale, the con iocnane® ine ect from ona! defect or sepa & fictional not opersting in the weber if which the je, ‘Comnatc condition 7 ng ton i ; ‘thea window Tae? oT Screen enclonures, worn spots, Giscoloration of Doar coverings, wallpapers and ow treanns: i stainin of pool Ginish (Serept when the finish is wor ax damaged down t the gunitn, which shall bp cemnidered © fnctonet en ct), pe boven a Hette; scrapes: hips. fad cosmetic cracks in ceilings, walls, flooring, ee, fixtures, minors, Windows, driveways, aid ‘ rE ipehiding erage and patie . FOR | ; All iaapes Sts, Written reports aad ewtimates shall be Neted veithin day i if blank i in* righ phe rilure of Bayer to make one of more of the ogee Spections shail be darned anne "of the apes roa asi thereunder. () ometary Scere Sage ae ne NT pa Tt a a in over gy inspec! . 4. REINSPECTION: YSeller disputes Buyer's ispection reports, Sedter shai have the right to have additional cn at his cost which ‘Will be completed within ve (5) days of receipt of the dieputed report, WBuyer's and Seller's dspection reparta do not p: he parties chal! apree 5 6 third cue, Whose report as to candition and renin id ball be bi on the parties, Said inspection(s) sb; conn ‘within 3 days peer pay Tae cost Of the third inspection oc shall br baron spate BP Sei snavection(s) pleted 5. LIMITATION CLAUSE; Seller shal} be responsible for the aggregate costs ef the rere iettient repeise and replacement upto "v6 of me Prrchage price (4% if blank is aot Giled in) including the cont of teaast relocation, if neteztary. If the tom) cost of matters] ty be Memediod under Parmgraph C1. exceeds this amount, either Party shall have the option of payin aay @mount in excess thereat end this Contract shell rae in fall force and fect, If neither Nocatee) 2ocb, eee, thes, at Sellers ox Byers opts Mee be cancelled by delivery of wai tien notios to the oth their Agent, In the event, a aed Contac ay hall be eehimed 1 Buyer, wherempes ah eee ae tedieved of a)! obligations under thie Contract. Seller Uine.n litem sed and jals of Seller's choice of : ality to xn Favviding they meet the! appleable coder, Subject to the Conditions of the lender, in th efeat reps ee aot tompleted by clesing, en Wnount equal ts | 1/2 tienes the repair Estimate shall d¢ escrowed for conmpletion cf repaiss ex 'the part s shall agree wan #o ammount to be aredited to Buyer for al! , i bave been completed, Buyer, at Buyer's Sxpenee, may bave a , of repairs. . PRE-CLOSING ATION: Jn addition to the above ; ‘ shall bave the right to a pre-closing extminstion (walk through) af the premises price to closing The sole purpose af “wal through” shall be limited to fyi ige8.n canditian pexty which dave erigen oF cizooanstances which cenld not have bean rendity obscrved since the exccutian Of this Contract, The pretlosing mR &Xpreasly is NOT a rs inspection. Any changes in copdition noted ai the ‘wall through", with the exteption of normal wear mad tear, shall be the x ! . { 3 LEASES AND TRNANCIEs, Prior te the execution of the Conteart the Sellar shall disclose to the Buyer in writing mii ahcies or rights to Occupancy, rental mite, nature, duration and terms fingluding Bny special clauses or covenants) of a!) occupancies. Within (1S) days after suecution of Contract, Seller shal} femish to Buyer copier of all Written leases and statements from each tenant verifjing the Of statements Previously furnished by Seller, I Seller is woabdlet obtain the Statercents from tenants, the exme information may be ied in a Seller's ASdavit If there is a material eiscrepancy between Statements provided by SaBler anc verification received by Buyer, this Con et at Buyer“s option wasy ba cenoelied and aD deposits made shal! be retired to Buyer. No new occupancies shall be freated without the written ca: of Buyex, which Consent aball not be wareaspnahly withheld, mara cae Sctvet end asvign al existing inten, mmedifed wo Bee at cloning, F RENTAL SECUROY Deposrs; Secority depopits, if any, to the extant they have not been applica by Seller in aeons ‘with the rontsl Sgreement and cwrent law, shalt be rensferred to Bouyer purmiant 10 Florida Law, G. EVIDENCE OF ‘TTL; Evidence Sr Banal be certified tc a date mbeaquest to the Rifactive Dare of thin Dut not more than thirty (30) days priot to date oF scheduled Cloning. Evidence cf Titic shall ahow in Seller a tide in accordance with Tent title mandards edopted dy the Flocida Bas, subject only to diene, ene: exceptions or qualifications set in thig Contract and thoes which abel be discharged by Seller at or before closing. Byidence of Tithe shall de delivered within ten (10) days ter the Effective Date of this oF fifteen 15) daye prior to the closing date set forth in P, §, Whichever is earlies, and if 201, yer may delay closing dat: in that Buyer has Giftten (15) deve from date of receiving said tille svidence t exunine same, If tide is fund to be defective, Buyer 8 ble period, Notify Seller in writing and 5 the defeor, defects sender tide mall have sixty (60) deys from ree! of such avtice coh dts opm ae (1) pares eens nln ar ie Ue Sebas Sige fa ae a agit, g the cloning date me (1) year of d § refund of nl) Scposits made paich shell forthwith be returned to Buyer,|end effort | Seller, at Seller's expense, shall deliver tm the Buyec, oue of ihe follorring evidences of tie. Buyer shal pay the cost Of the title insurance paliey(s) on the subject property. Jf the subject Property is in Paks Beach Conney, then Seller shall choose the eae agent and Pay for the owner's tithe policy: ; . CCMPLA NT. wee. USTRATIVE C % ET 3330 15 2003 1:33PM HP LASERJ | -5 Sep Reinhart, Jr 727-883-0891 i P ~ . ein > : i Apr. 08. 03, 04: 40p goer Yaa’ REGGIE (REALTY No ' PAGE @5 —_ | 1M (1) An cxinting tide ingurmace cy, qualified as 2 base for é of coverayi i i i 163 abstract ¢; tien Som the Eten ‘Date of aig Palicy, ay together ‘ith c comps pas and aie c aie catiel ton, cag ee commas aon ey Se the Baers Dass at ihe SE Continuation aball be by Buyes et Bellers ad to axearect what ‘ ia tie te enemas i charae rf ‘he comann! ty, Seller shall be obligated tn provideres Seller's expense copies of a affecting the Prd poate rereeane o 80e repared and brought case by “Swbeine CompAny or Tite Agect approved by Buyet COMMEnCing With the earifegt 19) (3).A Stanslerd Title losurnse Comenitmant ixmed quatifier Jasurer or Agen agrening Sp i Buyer 199 : a Ve Ra Ply in he conto ae “ * APProved by Buyer +P time , iga Ne VALUATION: ta the event tequired Svencing is denied omnse i . 198 prea it aball rvs the oleae geet is be: the property appraises at lors than this Contrast's purchas ss Gos Bayer sect sell the neaperty atthe appraised vatue The Nyér may proceed Peace pufShase a his Contact's purchase price Lt Mértgage loan amount be 197 Bayer at Be th fferencé to the Escrow Ages nee GS) beating diye afer eesiving uedoa ne cra De nde we 6) boca ar re oaks oy ea aa ah ne O higher reluseign, 199 (4) Tn the event thet sane of the above options in exercised th sad Sell to a five (5) banks sien, i 200 renegotiate tems af thie Comet 'o be erabliahed by ones ae Se ‘within his tie penne pve (8) AMOK Gay exetie inorder Sor perio 201 Falling saa py fais Contract shalt set all pe he Fa oats ae ee become sel] votd wi depoaite retimed tp the By » Whereupon al) perties shat 203 1 DEFAULT BY BUYER: If Buyer faile to perform this Contract within the time specified, an amount SqUA! to the Silt) made ar agreed ta 204° be ma by Buyer, OF tem percent (10%) of the rien ate pies een arer is Brahe BAY be retained or receercase Mepham Seller as 205 i Gamagrs, leration for the execution of this Cantract ead octlement of eny claims; Whereupon Relieved of al) 206 obligations tw the Seller uncer Cig-Contract, ot Seller, ef forth a Baa MD teee in eaally fat pectic peaks Nothing herein 207) captained chal? atiect Buyer's obligation to Broker as set forth in Q Buyer hereby muthorizea the rea) eviate Ge a Claim of Lien a 3, CLosm bia! then at the oft ore Attermey 208 dn the public rererds for breach of thir Cautract pursuant as Chapter 475, j) af the Florida Stanstes. 2. DRRAULT BY SELLER: 1 foe Any Peasog sther then fadure (sg Specific reaving any action for damages temulting fram Seller's breach, Setter Contiust pursuant correct amo of government regulations shall net'affect Seijers Obligation far Breakers a) fee ating shal! be held se the atfice of Buyer's Attorney ot Closing Agent. flocated within the county in which thd property is situated: if or it, of Selle to make tite marketabie aftr’ diligent effort, ‘Seller fais, neglectn of yataocans the So cae rete Of Bayes depo) eaten me areby authorizes the ren) eatete broker to te o i Of Lien in the pubic 420) of the Floridy Statutes, Seller's failure nn oduee tle tie of failure to prodeasign, in fall 4s provided , ; Seller shall furnish deed ar other instrament of canveyence, Mechanic's lien affldavit, til] Of sale, pac of leases, purchese F “4 . Compection with EXPENSES: The coft af pro i Evidente of Title covertog the periad prior t cl i , state documentary ops af required to be oe viding i oning, stacnp Hie re Blaniog Agent Pi tary gtamp» idg Statements chal} be fe . Ady references ix this Cogtract Promtions thell be ag of the date of tlosing unless Occupancy occurs peigt to cloning, iz which s 4 ORA’ S. % case promations shall be as of the date of occupancy, uniess provi _ er to di m id a Proration of Taxes (Rea) ereconly. T ill be prorited on the current yeier’s. tax wi} Out-regerd to discount, osing @ccurs on a x) ane agers + sseccement ip available, taxes will be such! tt date when the cumtat peat millage is not fixed, and the curret year {9 and the prior year's millege Xf the Curtent year’s geneas trent i Sot available, teres wil! be Completed improvements by Jemuary Ist ofthe year of closing, ‘Which improvements were nat in edatence on Ji i based the prior year’s iilags and en i Uf there ere year, taxes will be prorated trea Proratian based upon any estimate shai! be suble y Tead an reveaues of the property 3s wees dj ‘ANCE capacity) subject te: oul ™ fo wal i to by the parties, and represents that there sre ‘80 other persone aioe less expressiy agreed to by Temoved beiore closing F the Prope ny is rental } ASHES gard te discount Im of the prior ved. Any tax umed upon receipt af the tax bill (b) Provetion of Iumrance: Buyer shall have the option of. taking over any wclsting paliciey Of Insurance on the Property, if asmimable, in which tall be , (¢) Other Prarations Rem, Association Dues, Condo Dves, interest, appliance service ceatract: (if Buyer requests vunsfer), Any other expeasea aball be protest. 1 KC AFFIDAVITS: Seller shell furnish to Buyer ot time of o i 3) days pee oof? te absence Of any claias OF Len 6¢ potential tenor known to Seller, Tf the property bas been imuproved vitthin ninary ¢0) days prior to Clésing, Seller shal) sir 1 tars, sub. i i | bi real t Stay We Deed (uniesy selling in 4 representative line quent ore ay nig elon an Wesreaty itions i ty governmental 1B 0S tee plat and/te COmMOGR to the subdivision: (4) utility casement: of Provided said and (5) other matters Spectfied in this Contract, aclu WONZeges to es, if any, All reverier provi aod reservations shall be relensed af reeord ai Saiier’s i, has ber other Wiory @uthonity Subject only to Such Hens ax agreed to by Peres, Seller's perscpal for urovide tha si reemnined Wer Chim Amerden nt ~ SP alpadee ADMINISTAGEVE COMPLAINT EXHIBIT =f {++ OF PAGE Of —TtT a } cd HP LASERJET 3330 | , 1:34PM Sep 15 2003 hart, Jr 727-F68-0991 / PB m A. Reinhart, : : Rpr_O8. 09, 04415 ntigh“™,, RESGIE REALTY PAGE 86 2320 ON MISCELLANEODs. | 7331. SURVEY: Boyer may have the property at his exomee If the survey, Certified by a registered i 354 enctuschmant on the pooperty or that dnprovements intended wm be oper i maeseanh Tene oe ae ahows ax 255 2 SrbenG: venasie the satse all be tesa on ee, serted on the propery do, in tac al others or violate ag 256 2. SFECIAL ASSESSMENT ; Certified tit! Amermnest Lies a8 of the date of clogin 5 are toi be Si ing Yi 257) date Of cloting shal be ésSumed by Buyer. Where the impproventent hae been subrumt ally completed as of be Bate Bae ee ‘pork ast Ere epee weir nd Gee al cea rae estiromte ed thr vir 2603. (a) RISK CF Logs. If the improvements mre damaged by fre or other casually price to closing, vend the of i 6 as) contd five pement (55%) of the aales price, the cost of restoration aball be ax obliga of Soyo clasiag thal gro oe tomo 363 aw of alg Se ence Has oe ape nn er Of the sales price, Buye, Property “ay ig,” with my insaren: ceds Of anid 2 damage, i j letttrac: 2és Snell depotits will be retrmed fertnvty sod the pation Rhee rae jab hare mue, er caseeing an C 265 cre Sas <0 ce oto bev Senin ny » Buyer shell the option to cancel 466 coithtract o require Sellex & scuvey any remaining partion of the property. Should the Buyer net elect pie ial coke then ue Bop shall 267 4 tec ahagena shies wih gore et Contract shall retain in, full force and effort ! 269 | INGRESS GRESS; Seller warrants there are ingress Brass to the property over public or {vate roads or ensemen i 3m) gr itendod wae theteof, and thie warranty shall mcrae” cloning. mak orev Or enpernecnts sufficient far am ANCE: Between the Effsctive Date of this Contract mad the closing date, al! perponal included in the transaction ant the rea} 271 Broperty, ‘dadloaing law, shrubbery und pool, if any, shall be mantaing, dt by Seller in the condition exiting as of the Ethan of this Conran, 22 osdimery wear sod tear excepted, . ; { 7 so EREST No interest sball be paid to the Sellers or Buyere on deposits, ar on Mortgege procands or closing proceeds bt disbursed to Selict at ?) . |} 75 7, ATTORNEY'S FEES aND COSTS: fn any litigation (lacktding all ‘sppeals) arising out of this Commact involving Sailer | Buyer or Broker or ‘76 Excrow Agee the prevailing pasty chal) be Thin sof eve all coms io-tred,inchiding reasonable attres Se m7 PERSONS BOUND: This Contract shall ng sr a2 iis Henetit of the partieg Keret, they Deira’ suereeaars end igns, Whenever the 78 contro permits, Sugar shall inalude plura} and gender ahall inchnce ake : | 79-9. ADDENDA AND EXEIEITS: The erm. "Comtract” shall inchude all Addence and Exhibits attached aid incormorated by reference, 80 Bi CONTRALY No Hecate © Ape re pay mi aes ade ci i €1 11. CONTRACT NOT RECORD ARIE: Neither this Contract nor any nptice thereof shall be : ig the public records i &2 12, FROPERTY CONDITIONS DISCLOsore: Seller warrants that there are no fasts known t Seller materially affecting the value of the Subject ad rea) property which ere Rot readily observable by Buyer and/or whith bave not been dianloged to Buyer. , a 15,PTRPTA; AND parties aze advised that the 17S Eiders a ee Oe wale ten perca! (20%) of the sales pe for taxon sales by 85 cerlkin foceiguors are ue tts Splines we LS Clr ee Fe Mo sy 16 Buyar at ; . | rd 14, FLORIDA ESTATE COMMISSION. Notwithmanding anythinp herein contained, the Seller and Buyer agree ‘haat Y Real Edtate Broker 1B Bene ee Cees) unde: the term of this Cantracs may rok ee Be i Order ox similar direction tbe Planida Rea) 9 Eatate Cotnmmisyian and sbal be eaved harralers by the parties from any Liability aseing from the distribution made pursuant to (order or direction [wv ww meee Beneficiaries Of this Contmet. Norwithrandiag Piivity' or the absence of cams, sud Brokery bive ma indsyeet in the ices ot Accotdingly, the partics agree in tha evant or en BOE Be beard ox Mandi Bed in any way Wied eee affect fac Brokeas Bite without the oction agningt tae breaching Party for the amouns of the professional service foe said Broker or Brokers 4 i not breached, In the event af any such lidgesian, vanigg ntact tnd the Listing Agreement, if any, ghall coma te there ion, Chis Contract 16. GOVERNMENTAL AND RELATED MATIERS Seller warrants Tepreseaty that the property in its presen? condition t in violation of any governmental regulations affecting the property, All improvements to the property have dena prperiy The Bot im violation of any governmental codes Tazz is be condition of the ch Vinlates stats, Iecal or cavircorsenve! esi ay Dap yd ee te et ah Oe etn dr a ga oe ¥ been umable to Fst Sa al at ign epee tat me nec SYP ee oe a Prete condition, Seller shal) mmke a due Sl Gombe eresee Gt SREY Sn cman wal eves ee Noewi oe . pt A ’ 5 on, ; 17. FAX AND COUNTERPARTS: A Sgoiture transmitted by telefax ehall be deemed ts have the seme effect as an origina) signature. This 5 OUBAL JOINNER RELLER; 5 BO Ister than time of elo ursaant fe the Finsids Constitation, provide for ousal joinder i Pirin any end all mnstrumenty required os 4a title, tn tes ooene the-‘transsotion fails to close duc to the faite ae ghe Seber to 7 sree Stated mova jinde, Seer hall be sonsderet oe a sen . By 19. EFFECTIVE Ez TIME: Effective Date Sil be the last date of mxecution by Buyes or Selle. All tine periods je oalewated calendar dye ocmnetog Oe e ca Te ea ‘aless otherwise specified berein. Aay reference te time periods scab ie oa Saturday, Sunday, of lege) holiday shal) extend to 3 p.m. on the next full dusiness day, Oo ©. FINAL AGREEMENT: No modification or chanre in this Conuract shall be binding unloss ia writing and signed or inde ware necessary by the partion, Wherein cenflist, Hpewritten pravixiocs: ahall supersede priniad provisions aod Sandwrimsn provisions Sypowritten end/or printed Previsions. ; ADMIn . THISFORM HAS SEEN APPROVED ay Tax stra Rene ehy “ ~ EXHIB: PACE _. i 3330 15 2003 1:35PM HP LASERJET -F59-0991 ; pe? Sep Heny A. Reinhart, Jr. en : PAGE a7 APT PR, 88, 047,42P voags 94 ‘REGGIE REALTY : 84/88/2803 20,57 *Saazeceag REGGIE REAL ty abe ez | { au ® SPROAL capers, . Cc losin aie camry fj B SElle- “TS Box S “2 in 3 Des gaa i | ie oS AS ot Evececd | Lj P| “CST Aa Ale, ars Org eS App et Pyelese fee. t th ia ie sr Fe, (7x Co yo / a Uv Fer. / a lo “ ~ C4. 4-p03 we NMG. SP? See% PISS hue ¢ OS Arps gare bay on . i E i oa $909 me | Conereneaqreer, I (Chaat . i | b-4 sere ee Pr ele tn “136 stehe —_—_ alain. a dena et ds to dot Home af sane Brokerny) Berriog 2 Sheer Ss na EEE Seeeeeae F Ra Se See eeoe eee Saeneoaetoe bi ARE aa SA Soa eae ee edad ar |e a PO! SREY PROVED wy 1OUrs MAID POARD OF azarronr, Bee ee remorse rar ne I " Perret ors dew Tienes | ADMINISTRATIVE COMPLA INT AY

Docket for Case No: 04-004045
Source:  Florida - Division of Administrative Hearings

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