3b STATE OF FLORIDA | ve DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION | FLORIDA REAL ESTATE COMMISSION yypg 6:3, J FLORIDA DEPARTMENT OF BUSINESS - AND PROFESSIONAL REGULATION, AS DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2002001675 JAN RAULIN, . OS- 4d20fe Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Jan Raulin (“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 broker, issued license number 496500 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a sales associate with Creative Ventures of Boca, Inc., 6070 N. Federal Hwy., Boca Raton, Florida 33487. 4. On or about July 14, 2001, Respondent, as a single-agent broker, on behalf of the seller, FDBPR v. Jan Raulin Case No. 2002001675 Administrative Complaint Janice Mercadante (“Seller”), facilitated a purchase and sale transaction between Seller and Michael and Terry Rizzo (“Buyers”) regarding real property commonly known as 964 Dogwood Drive Delray Beach, Florida. A copy of the contract is attached and incorporated as Administrative Complaint Exhibit 1. 5. On or about July 14, 2001, Respondent intentionally, and without the authorization of Seller, affixed a signature to the contract, representing the si gnature to be that of Seller. 6. The above contract contained a term to which Seller had not assented. 7. On or about July 16, 2001, the Buyers signed the document believing that a valid contract had been formed and that Seller had assented to all terms. COUNT I Based upon the foregoing, Respondent is guilty of failure to comply with duties of the brokerage relationship of Section 475.278, Florida Statutes, and, therefore, is in violation of Section 475.25(1)\e), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1 )(b), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the 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 FDBPR v. Jan Raulin Case No. 2002001675 Administrative Complaint of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. SIGNED this__*& day of Febe 7A , 2004. Department of Business and Professional Regulation By: Jason Steele Director, Division of Real Estate FDBPR y. Jan Raulin Case No. 2002001675 Administrative Complaint ATTORNEY FOR PETITIONER CHRISTOPHER J. DECOSTA Senior Attomey Florida Bar N° 00271410 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 CD/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. ae | a a Exclusive Right of Sale Listing Agreement —— FLORIDA ASSOCIATION OF REALTORS® This Exclusive Right of Sale Listing Agreement ('Agreement") is between JANICE MERCADANTE ("Seller") and Sep - : REMAX SERVICES 2 SEP -b PoE Yt ("Broker"), 1. AUTHORITY TO SELL PROPERTY: Seller gives Broker the EXCLUSIVE RIGHT TO SELL: thel:real ‘and. personal property (collectively "Property") described below, af the price and terms described below, beginning ne 13] RAN E day of MAR | , -2001_, and terminating at 11:59 p.m. the 7 dayioF 1 JUNE , 2001 (‘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/it is legally entitled to convey the Property and all improvements. 2. DESCRIPTION OF PROPERTY: (a) Real Property Street Address: 964 DOGWOOD DRIVE, DELRAY BEACH,FL3348 3 Legal Description: TROPIC ISLES 3RD SEC LOT 248 O See Attachment __. (b) Personal Property, including appliances: REFIG, OVEN,COOK TOP, MICRO,DISPOSAL, DISHWASHER, WASHER,DRYER, CEILING FANS,LIGHT FIXTURES . See Attachment ({c) Occupancy: Property © is M& 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: GO 5 O, 000, — (b) Financing Terms: KX Cash }€ Conventional () VA (] FHA [LD Other. ( Seller Financing: Seller will hold a purchase money mortgage inthe amount of$_. sith thee following terms: ~ - "} 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 (5 variable (describe) ___ a — Lender approval of assumption (] is required ( is not required (] 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 _____ 0 > % 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 "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 (MLS). Seller authorizes Broker to report to the MLS/ Association of Realtors® 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 the active listing and sold data. {d) Provide objective comparative market analysis information to potential buyers; and (e) (Check if applicable) [J 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 Realtor Board / Association from alt liability and tesponsibility in connection with any loss that occurs. [ Withhold verbal offers. Withhold all offers once Seller accepts a sales contract for the Property. (f) Act as a single agent of Seller. ERS-9sa Rev. SO ©2000 Florida Association of REALTORS® All AST Reserved Page tof3 This form is licensed for use with Farmusliater® Forms Software v3.0 8 ABEBTRATIVE COMP! AINT EXHIBIT ¢_ J (Exes ie)! THY PAG ce . ] OF Printea on: Wednesday, March 07, 2001 =f) a, 5. 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 show during reasonable times. (c) Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) To indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including attorney's fees, and from fiability to any person, that Broker incurs because of (1) Selier’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 materiaily affect the Property's value and are not readily ob- servable or known by the buyer. Sefler represents there are no material facts (building code violations, pending code citations, unobservable defects, etc.) other than the following: NONE 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) 5% 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) Q($ 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, onthe date Setter 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. 30 days after Termination Date (’Protection Period"), Selter 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 0 __% of alt 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: > 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. [| Subagents. Nonrepresentatives. & Transaction brokers. (5 None of the above (if this box is checked, the Property cannot be placed in the MLS). 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 FLORIDALAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES. Asa single agent, JAN AND WAYNE RAULIN and its associates owe to you the following duties: 1. Dealing honestly and fairly; . Loyalty; . Confidentiality; . Obedience; . Full disclosure; . Accounting for all funds; ERS-Ssa - Rev. 500 ©2000 Florida Association of REALTORS® All Rights Reserved Page 2 of 3 This form is licensed for use with Farmialater® Forms Software v3.0 800-336-102: ADMINISTRATIVE COMPLAINT on - EXHIBIT # a _ (Ee KH IG +, zy) PAA Bt (Sates On: Wednesday, March 07, 2001 =f Oanhwhd + 7. Skill, care, and diligence in the transaction; . . 8. Presenting all offers and counteroffers ina 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 reat property and are not readily observable, 03-07-01 Date 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 $ o 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 contracts to transfer the Property or any interest in the Property during the time period from the date of conditional termination to Termination Date and Protection Period, if applicable. 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 ettled by arbitration as bitration: By initialing in the space provided, Selle. ( ) Listing Associate Ab and Listing Broker Get agter that dept not resolved by mediation will be led by neutral binding arbitration he 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 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: Date: af ApBo or Telephone #'s: Home . : Fax: Address: E-mail: _ Date: Seller: Tax ID No:. Telephone #'s: Home Work: Cell: — Fax: Address: . E-mail: Date: - Authorized Listing Associate or Broker: Brokerage Firm Name: REMAX SERVICES Telephone: 561-912-3500 Address: 6070 N. FEDERAL HWY, BOCA RATON, FL. 33487. ~ Copy returned to Seller onthe) 7 = day of Bass MAR "= 52001" by: Bl personal delivery “mall facsimile, 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. ERS-9sa Rev. 500 ©2000 Florida Association of REALTORS® All Right SINR Page 3 of 3 2’ beta This form is licensed for use with Famnmulator® Forms ftware v3.0 800-336: STRATIVE COMPLAIN BIT @ ot 7 ExXMIGIT Hibs Do 4 ~~~ Rrintet' On: Wednesday, March 07, 2004, 13.0737

Docket for Case No: 05-003222PL