7 STATE OF FLORIDA Fa he DEPARTMENT OF BUSINESS AND PROFESSIONAL neni, By FLORIDA REAL ESTATE COMMISSION 2.4; Ae EM Ap" “35 Pig F FLORIDA DEPARTMENT OF BUSINESS “axe Ip. AND PROFESSIONAL REGULATION, ‘ DIVISION OF REAL ESTATE, Petitioner, ys. FDBPR Case N’ 2004036161 DEORA LYNN POWERS, ASOKPL Respondent, Dlo-BSO¥P ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Deora Lynn Powers (“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 697117 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a sales associate with RE Partners Tampa, Inc., 155 E. Bloomingdale Avenue, Brandon, Florida 33511. 4. That all times material to this complaint Respondent was a sales associate registered with FDBPR v. Deora Lynn Powers Case No. 2004036161 Administrative Complaint ERA Robertson Realty, Inc., a real estate brokerage company. 5. That all times material to this complaint the qualifying broker of ERA Robertson Realty, Inc., was Susan Robertson. 6. On or about December 10, 2002, Shannon Eubanks (Eubanks) signed a Residential Sale and Purchase contract (Contract) to buy property commonly described as 10514 St. Rose Court, Hillsborough, Florida. The Contract was prepared by Respondent. A copy of the contract is attached hereto and made a part hereof as Exhibit 1. 7. On or about December 18, 2002, Eubanks gave to Respondent $350.00 cash for an appraisal of the mobile home and lot under the Contract. A copy of a receipt for the cash from Respondent is attached hereto and made a part hereof as Exhibit 2. 8. That Respondent never delivered the $350.00 to her broker or informed her broker that she had received the $350.00 from Eubanks. 9. Respondent has never accounted for or returned the $350.00 to her broker or Eubanks. 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. COUNT II Based upon the foregoing, Respondent is guilty of having collected any money in connection with any real estate brokerage transaction except in the name of the employer and with the express consent of the employer and is guilty of commencing or maintaining any action for a commission or compensation against any person except his registered employer in violation of Section 475.42(1)(d), FDBPR v. Deora Lynn Powers Case No. 2004036161 Administrative Complaint Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of failure to immediately place with the registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered employer in violation of Rule 61J2-14.009 of the Florida Administrative Code and Section 475.25(1)(k), Florida Statutes 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, 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. Deora Lynn Powers Case No. 2004036161 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__Z/ _ day of __ Gey 2005. Department of Business and Professional Regulation By: er Division of Real Estate riLEv Pepartment of Professional Regulatic.. Division of Real Estate Clerk aie areal FDBPR v. Deora Lynn Powers Case No. 2004036161 Administrative Complaint 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: SWE/LJ 7/05 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 allowed by law, 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. ! Residential Sale and Purchase Contract, ot &? 6B" 69° 70 71 72° 73° 74" 4 4. SALH AND PURCHASE: 4 ae ~_ e'setter) and oy d 2 : ("Buyer") agree. to sell and buy on thalernns and condiflons specified kelow tha property described as: aaerece: OSI) " Yate fats : Legal Description: together with all Improvements and altached items, Including fixtures, built-In furnishings, ‘built-In appliances, ceiling fans, light fixtures, altached} wall-to-wall paneling, rqdg,. draperies aiid \otheti windaw. puerings. athe ‘only ather items included in the J ’ : AL Vite The following altached items are excluded from thé purchase: The real and personal properly described above as included in the purchase is referred lo as the “Properly.” Personal property listed in this Contract is included in the purchase price, has no contributory value and Is being lefl for Seller’s convenience. PRICE AND FINANCING - 2, PURCHASE PRICE; CE: $ i COO , payable by Buyet in.U.S, currency as follows: {alg S ZY) L @ Pies {checks are to ira Ay a gi by 5 (Escrow Agent’) . iphature wy, : (b} 5 Addillanal deposil to be made by yh : i 4) 7 4 ofa 5O Total Financing (see Paragraph 3 below) (exprésé as 4 dollaramount or percentage) (dg 7. “Other: . en Tica es 7 IB q bx) Balance lo close (nol including Buyer's closing costs, prepald lems and prorations). All funds pald : at closing must be patd by locally drawn tashldr's check or offical bank check, or wired funds. a. Wty Tis (Check as applicable) ( (a) Buyer will pay cash for the Propérty with nofinanciig contingency. b) This Contract is contingent on Buyer qualiying for and obtaltiing (4) and/or (2) below (the *Financing") by. . (if left blank then Closing Date, or within 30 days from Effective Date, whichever occurs first) ("Financing Period"); 2) (4) A commitment for new Cleave HACIA fitanelng tor gE q 7.7Q__% Ol the purchase price (plus any applicable PMI, MIP, VA funding feef a the prevailing thterest rate and foan costs (lt or VA, see altached addendum) (2 (2) Approval for Seller financing or assumption of morigage (see attached addendu ans Ve Buyer will apply for Financing within days from Effective Dale (5 days it ieft blatik tid will timely provide any and all credit, employment, financtal and other information required by {he lendefi Either patly may.catcel this Contract If (i) Buyer, alter using diligance and good fallh, cannot obtain the Financing, (Including triéellhg thé terms af thé commitment), or (Il) the Financing is dented because the Property appraises below the purchase price and elthe? Buyér blects not (o proceed or the parties are unable to ranegollate the purchase prico, Upon cancallatlon, Buyer will return all Seller-provided tila evidence, surveys and assoclalion documents and Buyer's deposit(s) will be returned alter Escrow Ageht receives propéf, authorization from all Interested parties. : CLOSING = "7% Benda ; 4. CLOSING DATE; OCCUPANCY: Tis Gontract will be closed and tha deed and possesion’ doticred on K@2C., 3/0, ("Closing Date"), unless extended by other provisions of this Contract, The Property will be swépt clban and Seller's personal ilam: Temoved on or before Closing Dale, If on Closing Date insurance underwtiting ts suspended, Buyer may postpone closing up to 5 days §, CLOSING PROCEDURE; COSTS: Closing will take place In the county where the Properly Is located, If title insurance. Insures Buyer for title defects arising between the litle binder effective date and recording of Buyer’s deed, closing agent will disburse a closing the net sale proceeds lo Seller and brokerage fees to Broker as per Paragraph 19. In addlllon to’ather expenses providec in thls Contract, Seller and Buyer will pay the costs Indicated below. . RT at " (a) Soller Costs: Seller will pay taxes and surtaxes.on the deed and recording fees for docUnients needed lo cure title; celtified, confirmed and ratified special assessment liens and, If. a |mprovement {s substaritlally completed as of Effective Dale, ar amount equal to the last esiimate of lhe assessmen|; up odo, % (1.5% If left blank) of the purchase price for repairs tc warranted flems (“Repair Limit"); and upto _—Q- % (1.6% if left blank) of the purchase price for wood-destroying organisr treatment and repairs ("Termite Repair Limit’); Other Sarena (b) Buyer Costs: Buyer will pay taxes and recording fees on noles and mortgages; recording fees on the deed and financinc stalements; foan expenses; pending special assessment Iles; landet’s ite. policy; Inspections; survey; flood Insurance Other: . : . (c) Title Evidence and Insurance: Check (7) or (2): . 4) Seller will provide a Paragraph 10(a)(1) owner's title insurance commitment as te evidence, ef Soller ( Buyer wil ‘Select the litle ager, pf Soller Cy Buyer will pay for the owner's tlle pollcy, search, examination and related charges Each party will pay ItSoWn closing fees. nee : . (4 (2) Seller will provide tila evidence as specified in Paragraph 10(a)(2). [] Seller] Buyer Will pay for the owner's till policy and select the litle agent. Seller will pay fees for. lille seatches prior { rig;inctuding tax search and lier search fees, and Buyer will pay fees for tille ‘searches after closing {{it any) arilhalion fees and closing fees ti jay before Closing Dale: rea @ by tadeta db i ween eine 7 (2) within 10 w es Effective Date If left blank) ("Inspection Period"); (he wodd-destroying organisrf/inspection 6 ) (prior to closing, if teft blank); and the walk-through Inspaction on the day before Closin: . 75 ir any othe time agreeable to the parties. - . ADMINISTRATIVE COMRPL-ASI (SL) )} and Seller ( me ) acknowledge receipt of a copy of this page, which is Page 7 of 4 Pages. EXHIBIT # PAGE OF FAR-S Rev, 10/90 ©1990 Florida Association of REALTORS® == Alt Rights Reserved ou TORSO licensed 19 COR. AF lights Maaarvot. + lg fawkes Producad wit 2pform™ by Vertisalt nc. 16025 Filoen Mila Road, Giinlon Township, Michigan 45025, (000) 363-2005 REALTONS — trreatmary EIA Holeertaan Fieatey IMC 422 5 Kluge Ave Meandon FL IIS Phone: 013-685-5822 Fea: 19-6149 Kx Wh Be a Soe 77 7) REAL PROPERTY DISCLOSURE: Seller represents thal ‘Seller. does nat know of any facts that materially affect the value of 78 ihe Property, Including, viclalions of governmental Jaws,.sules and fegulations, other than (hose that Buyer can readily observe yar 89 =. zane the Property is In, 90 in the event of ca: nt of casually, ai Special Flood Hazard Area or Coastal High Hazard Area and the buildings are built 9 below the minimuny floo rnlfyina ‘ar may cancel-this Contract by delivering written notice to Seller within 20 days from 2 Effective Date, fal vation of the buildings and zone designation of the Property. 939. (dj. Homeown FY ; shomeswners' assoclallan Is mandatory, an association disclosure 94° summary ‘Is. “allachad fand."jncarp sContract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL compllance:‘wi 409 means operating 110 + Imperfactlons thats d 411°. fogged windows; 412 scratchas, ‘deni 416 occupational iicense 116 the tlems inspected WT written notice-of:any: 418 Seller, |f Buyer, 119 subparagraph { 120 (3) Repair; Se 121 to the Repalrs 122 warrantad, have 136 closing. Ottterwisa’*Satler W B 137 licensed building or'general, ASpections! Buyar ‘may walk through as ‘met! contractual “obligati to'condiict this “4 151 10, TITLE: Seller "williconvey"marka title 182 guardian deed as appropriate to Seller's slalus, © ane 163 (a) Tita Evidence: Tille: ayidenca ; will «show: legal:: access. to. the . Properly and marketable tile af record in Seller in accordance with 154 current title slandards adopted by {he Florida Bar, subject only tq the following title exceptions, none of which prevent residential 155 use of tha Proparfy:,, covenants, easements, and restticilons .af record; matlars of plat; existing zoning and government 156 fagulations;, oll, gas and mineral rights of record if thera Is no right of entry; current taxes; mortgages thal Buyer will assume; and 157 encumbrances. thal ,Sollgh wilt discharge , at or ,belore closing, Sellar yill, prior to closing, deliver to Buyer Seltor's choice af one of 158 the fallawing fypes of title. evidence; which! must. be. generally accepted in the county where the Property ts located (specify in 159 Paragraph 4(c) the selected type):.Seller will use option (1) Iq Palm Beach County and option (2) in Dade County. 160 (1) A title insurance “commitment Issued by a Florida-licensed title insurer in the amount of the purchase price and 1641 subject only to title exceptlons se forth In this Contract...» . . nae, me : ADMINISTRATIVE COMP LERYEY E) (__) and $e fy ack FAR-S Rev, 10/98 ©1099 Florida As (#__) acknowledge receipt of a copy of this page, which is Page 2 of 4 Pages. IFREALTORS® All Righis Reserved EXHIBIT qe PAGE 2 CF ©1800 Fonda Association of nena arisol) Inc. 19025 Fitegn Mila Rad, Clinton Tawnship, Michlgne 45035, (000) 303-605 Ls ADMINISTRATIVE COMPLAINT. EXHIBIT # PAGE | Ww " Ct) D. Mortgage Assumption: Buyer w lo wore . * and having a !_) fixed {_) other(describe) Commissioner, U.S, Depa A 2* property of not less than $ A « The purchaser ’ Will” Haye consummation af the contract without regard to the. amount af thé apbtal bai COG Gear URHUW Val Ie RUT PUI EU IU tie Gus itael UelWeerl and {Buyer} conceming the Properly desciibad as - . Z : only if initialed by all parties. (seuer) £ : . Pursuant to Paragraph 3(b), the Contract is contingent on Buyer. obt and mortgage to Seller that earing annual interest at ( JO a )(___) G, Seller Financlng: Buyer will 4x _Jis {J is not subordinate to any third party financirig in the. amo % and payable ds follows: _ The mortgage, nole, and any securily agreement will be in a form:acceptable to'Seller the county where the Property is located; will provide for a late. payment fae ahd aéde! defaults; will give Buyer the right to prepay without penally ‘All of par oF the brlA payment; will be due on conveyance or sale; and‘ will requilré ‘Buyer ta: F insured, againsl toss by fire (and flood, if Property Is In a flood 2dne) “with dxteht greater of the amount of the purchase money, morgage arid “hotezor. ful provide Seller by March 1 each year with writen eViddned-{hat the feal- prope year. Buyer authorizes Seller to oblain credil, employment and other heéessaiy: In the financing. Seller will provide wrltten notice to Buyer within 10-days trom, Eltéctly nolice is provided, Seller will provide the requested Seller financing. Wwifg-forms. generally accepted in (thé inoHijagee's option if Buyer ‘any tlmefs}:With interest only to dale of sured,with. Seller as additional named coverage in.:an amount not less than the ent valllelforsthe real property. Buyer will axes’ hi ald in full for the previous 1a ‘deléimine creditworhiness for (ee Witt nol make the foan. Ino pay existing first mortgage f the approximate amount of t, &) taxes and insurance $ : currently payable al $ f.thé dgsumptlon/transler fee exceeds F élecis to pay the excess. 7; HUD does not warrant the and condition of the property bdsonable Value eslablished by S 3r,. such electlon must be delermine the maximum mortgage the Department of Housing ane Ut ni value nor the condition of the property. The purchaser should. satisfy: hlmsal are acceptable.” If Buyer elects to praceed wilh the Contract: without tagar the Federal Housing Commissioner, U.S. Department of Veteran: Alfalra; made within 3 days from Buyer's receip! of the appralsal. «i: © +" x (1) Fees, Prepayments: Seller will pay {ax,service,. underwriting and dot TE recording fees for assigning Buyer's mortgage and , YOLAS VA Palanan uptoamaximum costol$ g¥WIo, & , Buyer will pay all prepay id egcrows*. Insurance, and flood insurance, when applicable, Nae “Opole ¥ e ene feat tepalt safy: taq ulred.;repalfs sup! dha EC 1 azard insdrance, FHA oy to have a home Inspection performed on the property you Wish fo purchase i $200 of the cost lo perform the inspection may be financed thto your ‘ti can be found in the yellow pages of your telephone directory under the heading (4) FHA Certification: Buyer and Seller are signatories to the, Conitrdct, fi this transaction states: | certify that the terms of this Contract for Sale atid my knawledge and ‘bellef and that any other agreements enlered to by Irangaction are part of, or atlached lo, the Contract, Cf A Le Se e eb! Estate Agent or Broker Dat . ( De X ) F. VA Financing: “It is expressly agreed t a Ha ‘ thet Date to oblain the financing ata fixed inlerest( rale nol exceeding d] ble i % at originallon, with no more than discount points charged, Buyer |] willl2) will pot decept a balloon morgage. t FARA-S Rev.6!90 ©1990 Florida Assoclallon of REALTORS® Iicensed lo CBF, All Rights Reserved ADMIN 1 i wi 163 164 185 166 167 168 169 470 Ww 172 173 174 175 178 177 178 179 180 184 182 183 184 185 186 187 188 189 190 491 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 208 210 2i4 212 213 214 215 216 247 218 219 220 224 222 +223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 _ 239 240 244° Buyer (2 oy pie STRATIVE COMPLAINT. FAR. * a ut iz wee s "> Ete . {2) An existing abstract of fitle from a repulable and existing abstract firm (if firm is not existing, then abstract must be ceflified as correct hy an existing firm) purporting to be pr accurate synopsis of the instruments affecting lille to the . I era the Property Is located and certified to Elfective Dale. However if such an‘ abstract. Is‘not-avallable to Seller, then a prior owner's title policy acceptable to the proposed ‘insurer as a basd. receipt of Buyer’s-nolice. of defects. ("Curafive Period’) to cure tha defecls at Seller's expense, If Seller cures the defects within the Curalivé' Pariod Date ar within 10 days | defects within ihe Cu ve;Perind,. Sellar will"dellyer written notice to Buyer and Buyer will, within 10 days from receipt of Seller's notica, either: carical this-Contract-or accépt fitle with existing defects and close (he transaction. {c) Survey: Buyor may, -prigr lo. Glasing Dale and.at Buyer's expense, have the Property surveyed arid deliver wrillen notica to Soller, within 6 days from-receipt of survey but no laler than closing, of any encroachments on the Property, encroachments by the Property's improvemants‘on. olhar jands or deed restrictlon or zoning violations. Any such encroachment or violation will be treated In the same manner as.a fitle defect and Buyer's and Soller’s obligations will be delermined In accordance with subparagraph (b) above. If any part of {he Property les seaward. of {he coastal conslruction contro! line, Seller will provide Buyer with an affidavil or survey as required. hy law delineating the Jine's lncatlan on {he property, unless Buyer waives thls requirement In writing. . coe. 7) + (MISCELLANEOUS 41, EFFECTIVE DATE; TIMEE The “Effective Date" of thls Contract Is the date on which the last of the parties Initials or signs the latest offer. Time ‘is*of the essance for all provisions of.this Contract, All time periods will be computed In business days (a “business day" is-every: calandar.day except Salurday, Sunday'and national legal holidays), If any deadiine falls on a Saturday, Sunday or natlonat-égal folid arformance;will.be due tha next business day. All (Ime periods will end at 5.00 p.m. local time (meaning In the county: where the. Property {§ located) of the apprapriate day. . coop : le to the parties and Broker by mail, personal delivery or electronic media. Buyer's failure when such qotice ts roquired by thls Contract, regarding any contingencies will tw ba constjyed as Ifthe contingency did not exist. War 42, NOTICES: All-faticgs will ba ‘yn to deliver timely 4'wiltten-naticg:..lo - Saller, render that cantingsncy jiu Nq ang th REEMENT!This! Contract lhe-enlra agreement belween Buyer and Saller, Except for brokerage | agreements, no prior, or present agreements’ will bind Buyer, Seller or Broker unless incorporated into this Contract. Modifications of this “Can ct wit| pot be. binding unless jn wriling, slaned and delivered by the party to be bound. Signatures, Inillals, documants,‘réferanced {nthis-Contracts counterparts and writlen modifications communicated electronically or on paper, will be acceptable’ for:all purposes, ‘Including: deliyery, and will be binding. Handwrilten or typewritten lerms Inserted in, or attached to-thls Contract :prayall over;prepriniad teririg. 1f any provision of (hls Contract is or becomes Invalid or unenforceable, all remalning provisions will co i 2 fully:effective. This Contract will nat be recorded in any public records, 44. ASSIGNABILITY; PERSONS BOUND) Buyer may not assign this Contract without Seller's wrillen consent. The terms “Buyer,” “Seller,", and. "Broker", may .be. singular or plural. This Cantract is binding on the ‘heirs, administrators, executors, personal representatives and assigng.(jf permilted) of Buyar, Sellar and Broker, . " 1.) C+ DEFAULT AND OISPUTE RESOLUTION . 43, COMPLETE submit the. dispute"? if “required: by Florida taw,. to Escrow Agent's cholce of arbitration, a Florida cour’ or the Florida Real Estale Commiss @ Seller will by bound by any resulting settlement ar order, (b) Atl otter disputes?” Bu cand?Seller will have 30. days ffom the dala a dispule arises between them to attempt to resolve (he matter! hraug diatlon ‘th @ based on the greater welght of the evidenca and will state findings of fact ised, |f he parias agree to use discovery, 1t will be in accordance with the ““ESGROW ‘AGENT AND BROKER we 47, ESCROW AGENT; Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other ilems in escrow and, subject to clearance, disbursa them upon proper,.authorization and In accardance with the lerms of this Contract, including disbursing brokerage fees.2The parlies agree {hat Escraw Agent will not be lable to any person for misdelivery of escrowed items to Buyer or Seller, unless the scelivary isc to Escrow Agent's willful breach of this Contract or grass negligence. If Escrow Agent inlerpleads the subjact matter of the’escrow, Escrow Agent will pay the filing fees and costs fram the deposit and will recover reasonable attomeys’ faes‘arid costs io be: pald: from the escrowed funds or eguivatent and charged and awarded as court costs in favor of the prevailing parly,. All claims alnst Escrow Agent will be arblitrated, so long as Escrow Agent consents lo arbitrate. 5 Rav, 10/00 ©1999 Flarida Association af REALTORS®’ All lights Resaryed . . EALTORS@ licsmad io CBF, ANAlghls Reserve, "=: . ‘ « yoducad 2ipFora’ forlisof ine. 19025 Filgen Mla Rend, Clinton Township, Michigan 48035, (B00) 383-9005, tee eens oo JT FLORIDA LAW REQUIRES THAT REAL-ESTATE LICENSEES PROVIDE: BUYERS OF REAL ESTATE. You should not assume that any real estate broker or salesperson. représents you unlés: licensee in an authorized brokerage relationship, elther as a: single agent of’as.a trat lio disclose any information you want to be held in confidence. until youl make.a declslo BUYERS AND SELLERS THEIR DUTIES. As a single agent, ands associoles owe lo you the following dulles: 1. Dealing honestly and fairly; . Layally; : a an “ . Confidentiality; ; . Obedience; . Full disclosure; . Accounting for all funds; Nom Fon . Skill, care, and diligence In the transaction; ; an fy be Ps . / ZfOKO ‘ Khir 7 Date . Signature’ =~ This form is avaltalte for use by the entire real estate industry and fs not Intended lo identity the user as od RE LTOR® Is a registered collective membership mark which may be used anly by real estate licensees who are members ofthe, Natlonal Aasoclatigh of. REALTORS® and who subscribe to ils Code of Ethics. The copyright laws af the United States (17 U,S. Code) forbid the unauthorized Feproduclion,, of blank for computerized forms, BRDA4sa | Rov. 6100 = ©2000 Florida Assocation of REALTORSD AU Rights Resorvod Produced with 2ipForn™ by HE Fotmatiel, LLC 10025 Fitesn hide Rand, eonl FMA Medertsons Really IC U4 S Kinyge Ave Brando FL XI3tL ADMINISTRATIVE COMPLAINT. MELRRET ob / XHIBIT 7 7 20 Boge PAUE a IMPORTANT NOTICE. ‘ FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTIGE.TO. POTENTIAL S E BUYERS. OF REAL ESTATE. Oe, N za] IAL SELLERS AND 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 of 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. FLORIDA LAW REQUIRES THAT REAL ESTATE -LICENSEES OPERATING?'A DISCLOSE TO BUYERS AND SELLERS THEIR. ROLE AND’ DUTIES” IN3PROVIDING’ A LIMITED FORM OF S STRANSACTION BROKERS REPRESENTATION. . AS a transaction broker, ERA ROBERTSON REALTY, ING 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 (he buyer, . : 5. Presenting all offers and counteraffers in a timely manner, unless a party has. ithe licensee otherwise in writing; . a G.. Limited confidentiality, unless waived in writing by a party. Thls limited confidential preVent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a pticé greater than the price submitted in a written offer, of the motivation of any party for selling or buying property,.that 4 seller or buyer will agree to financing terms other than those offered, or of any other information fequested by a party to remain contidentlal; and 7. Any additional duties that are entered Into by this or by separate written agreamen| Limited representation means that a buyer or seller is not responsible for tha acts of the licensee, Additionally, parties are giving up thelr rights to the undivided loyalty of the licensee, This aspect of Imited representation allows a licensee to facilitate a real estate (ransaction. by assisting both {he buyer and the seller, but a licensee wlll not work to represent one party to the detriment of the cther party when acting as a transaction broker to both parties...” if, ee ae LEA KO 2. Cpettat! Ct (lh Date . Signature Copy. return This form Is available for use by the entire real estate industry and Is nol Intended to identify tha Loser as a REALTOR®, REALTOR® is a registered collective membership mark which may be used only by real estate licensees who. are members of {he Naltonat Association af REALTORS® and who subscribe to its Code of Ethles, i SO ae? . . The copyright laws of he United States (17 U.S, Cade) forbid the unauthorized reproduction af blank forms by any, compulerized farms, Oo . ins including facsimile or { gan 40035, (300) 393.9005 ON Fa, BME UROL Ray, 5/00 = 02000 Flarida Association of REALTORS® Ali Rights Reservad Produced with ZipFoun™ by RE Forr=Het, LLC 13025 Fileen Kio Road, Cl LIA Reber uun Realty UG 414 5 Kings Ave Bruder FL 33111 . ate EXHIBIT #4 Zl YG Qe 7 . ADMINISTRATIVE COMPLAINT. Dh ON rattratearcerat eg 1 si co a Y i (SORA a IMPORTANT NOTICE ~ FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIs NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. : . £ 7 You should nat assume that any real estate broker or salesperson represents you unless you agree to engage a real eslate licensee in an authorized brokerage relationship, elther as a single agent or as ‘a transaction broker. You are advised not to disclose any information you want to be held In confidence unt!l you decide on representatton.’ ~ + otice NO BROKERAGE RELATIONSHIP.N FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE No BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SE A 4s a real estate licensee who has no brokerage relatlonship with you, ERA’ ROBERTSON REALTY, INC. socle “and tts owe to you the following duties: 1, Dealing honestly and fairly; able to the buyer, 3, Accounting for all funds entrusted to the licensee, Date Signature aes Chis is available for usa by the entre teal estate Industry and is nol inlended to Iden fly the user as & REALTOR, REALTOR ts 4 registered collective membership mak, * vhich may be used anly by real estate ficensees Who are members af the National Association of REALTORS and Who subscribe {0 ils Coda of Ethics,” * The copyrigh! laws of the United States (17 U.S, Code) forbid Che unatrhotized reproducSon of blank farms by Any tneans Indluding facsimid compuletized fous, . we veoh . ft BRD-lnbr = © 2000 Flarlda Assoctatlon of REALTORS® All Rights Reserved oan : Produced wth ZinForm™ by NE Fouratlet, LLG 18025 Fitoun Mie Road, Cinlan Townshlp, Michlgsr 40038, (000) 383-0005 BIUA Redertaont ieatty IMG 424 S Kliget Ave fhraruket FL 33811 Phew #134 ML ouany ADMINISTRATIVE COMPLAINT EXHIBIT gle : es : PAGE : oa : : QE ADMINIS TF EXHISIT # pace J WAL IVE 3 COWIPCAINT ve ————— ee /7

Docket for Case No: 06-003508PL