9-095 9fL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . ° FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vv. FDBPR Case N° 2008015463 2008015466 JAMICELL JANET PEREZ AND MYAVA L. RODRIGUEZ, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Jamicell Janet Perez and Myava L. Rodriguez (“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 Jamicell Janet Perez is and was at all times material hereto a licensed Florida real estate sales associate, H:\ac\perez.jamicell.doc 1 FDBPR v. Jamicell Janet Perez Case No. 2008015463 Administrative Complaint issued license number 3083321 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a sales associate with Sky Land Realty Group LLC, 4248 Town Center Blvd. #5, Orlando, Florida 32837. 3. Respondent Myava L. Rodriguez is and was at all times material hereto a licensed Florida real estate broker, issued license number 674853 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker with Sky Land Realty Group LLC, 4248 Town Center Blvd. #5, Orlando, Florida 32837. 4. On or about May 27, 2007 Respondents represented Edwin Torres & Meary Ann Berrios (Buyers) in the purchase of a property located at 7471 Wayland Blvd., Orlando, FL 32807 (Subject '.Property) . A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. At all times material, on or about May, 22, 2007, Respondent Perez received from Buyers a check for $500.00 to be placed in escrow for the purchase of the Subject Property. 6. Respondent Perez retained the Buyers’ check until June 8, 2007. 7. Respondent Perez failed to immediately deliver to H:\ac\perez. Jamicell.doc 2 FDBPR v. Jamicell Janet Perez Case No. 2008015463 Administrative Complaint Respondent Myava L. Rodriguez, the funds received from Buyers for the purchase of the Subject Property. 8. Respondent Myava L. Rodriguez received notice from Petitioner's investigator Lynne Murray-Watson to deliver broker’s business records for the sale and purchase of the Subject Property. 9. Respondent Myava L. Rodriguez failed to retain copy of the Buyers’ check for the purchase of the Subject Property. 10. Respondent Myava L. Rodriguez failed to supervise Respondent Jamicell Janet Perez to have the Buyers’ $500 deposit placed in escrow. COUNT ONE Based upon the foregoing, Respondent Myava L. Rodriguez is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed to keep an accurate account of all trust fund transactions in violation of Rule 61032-14.012(1), Florida Administrative Code and Section 475.5015, Florida Statutes, and, therefore, in violation of Section 475.25(1) (e), the Florida Statutes. H:\ac\perez.jamicell.doc 3 FDBPR v. Jamicell Janet Perez Case No. 2008015463 Administrative Complaint COUNT TWO Based upon the foregoing, Respondent Myava L. Rodriguez is guilty of failure to direct, control or manage a.sales associate employed by her in violation of Section 475.25(1)(u), Florida Statutes. COUNT THREE Based upon the foregoing, Respondent Jamicell Janet Perez 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 H:\ac\perez. jamicell.doc 4 FDBPR v. Jamicell Janet Perez Case No. 2008015463 Administrative Complaint 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; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 6132-24.001. 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 H:\ac\perez. jamicell.doc 5 FDBPR v. Jamicell Janet Perez Case No. 2008015463 Administrative Complaint Administrative Code Rule 61J2-24.001. SIGNED this[(, day of , 2008. epartment of Business Professional Regulation Thomas O’Bryant, Jr. Director, Division of Real Estate ATTORNEY FOR PETITIONER Shiv Narayan Persaud * gholed Senior Attorney Florida Bar N° 116830 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 ORS BARC i Ne oa Ga /k PCP: JDR/GS 9/08 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 H:\ac\perez.jamicell.doc 6 FDBPR v. Jamicell Janet Perez Case No. 2008015463 Administrative Complaint 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. H:\ac\perez. jamicell.doc 7 surna . 4079772142 p-3 05/22/2007 07:04 FAX 4073244045 i002 FLORIDA ASSOCIATION OF REALTORS® AMD THE FLORIDA BAR Contract For Sale And Purchase 1” PARTIES: WASHIMGTOW GTREET FINANCTAL Coxe AND SDRHA COMBTROCTION THC TR (Salen), 2 and. pee e_sonees AHD WEARY Alf BERRIOS _FBuyer), 2 hereby agree that Seller shall sall and Buyer shal buy the Tollowing describad Raal Property and Personal Property (cofectiyely “Property’) 4 pursuant fo the terms and conditions of this Contract for Sale and Purchaso and any riders and addenda (Contract): <2 “ 5 1 OESCRIPTION: (a) Lagal description of the Real focated in, ORARGE County, Forkta:. 8782/4160 RRROR Os LEGAL Bb: RSTATES 2/133 Lor 7 BLE B (b) Stet address, city, zip. of the Propetty:____ 7471 WAYLAND BLVD. (c} Personal Property includes existing range(s}, reingerator(s), dishwashers). ceiling fan{e), light focture(s), and specifically exctuded below. Other ttemns inck:ded are: (@} Deposit held in cacrow by, UPON ACCEPTAECE 1D} Adcitionat escrow deport to be mada fo Escrow Agent fse9 Paragraph Wi) in the amount of... 2... pee eee es 2 {c} Famncing (e00 Peragranh IM} in tho amount oF. oe Tr a Ed 10 1 12" 3 14" tems of Personal Property (and leased Hams, iE any) excluded arg 15° 16 7 18 1s 20r 2 23 . 20 FO aGJUSIMONTS OF PNWTAHONS oe eee teen e ener een eet en en tes s. 25 it, TIME FOR ACCEPTANCE OF OFFER Anp COUNTEROFFERS; EFFECTIVE DATE: 26 (a) ff tus offer is not executed by and Ivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or 27" before the oefidexis) wil, at Buyers option, be retumed and this offer withdrawn. UNLESS OTH- 28 ERWISE STATED, THE TIME PTA bs Ask COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE THE COUN- 29 TEROFFER IS DELIVERED. ‘p3(0 cy 30 {b) The date of Contract CElfective ? jit Del ERS Gath the last one of the Buyer and Selfer has signed or Initiated this offer or the 31 final counteroffer. if such date is nat ise Skt fofth jp this Cantract, then the “Effective Date” shail be the dats determingd above for 32 acceptance of this offer or, if applicable, final couriterofter. 33 1. FINANCING: 34" fa) This is. 3 cash transaction with ne contingencies for financing: 35* 23((0) This Comract is contingant 09 Buyer obraining approval of a loan-(Loan Approval") within _25_ days (f blank, than 30 days) after 36" Eitoctive Date (Loan Approwat Dag: GHEE ONLY ONE: iG finack 0. an aciuoratia: OF 8 ite ot iin Toes not to eocood 3r pal amour of $ > terest rate not to exceed 7___%, discount and onginetion fees not to exceed 38" ___2 __% of principal amount, aod fora term of 30 years. Buyer will make application within _5_ days (if blank, then 5 days) atter 39 Effacove Date. Buyer shall use dfligence to: obtaln Loan Approvat and notify Seller in writing of Loan Approval by Loan 40 Appreval Date satisfy terms and conaifono of the Loan Approval: and close the loan, Loan Ap pra wich TGS? 9 Oo canes 4 the sais of other propemty shal not be Loan Approval for purpasas of this subperagraph. Buyer ehall pay al loan expenses. It Buyer az does not defver writen notice to Seller by Loan Approvat Date stating Buyer has either obtained Loan Approval or walved this financing con- 43 Bingsncy, then sithor erty may canoe’ tps Coamact by dewverog written notice ((Cancallation Notice’) to the other, not later than seven (7) a4 days prior to Closing, Setters. Notice must siste that Buyer has three (3) days to deliver to Sailer written notice waiving this 45 financing contingency. If Buyer has used due diligence and has not obtained Loan Approval before cancellation as provided above, Buyer 46 shall ba refunded the deposits). Unless fis rancing contingency has bean waived, this Contract shail remain subject to the satisfaction, a7 by Closing, of those conditions of Loan Approval related fo the Proparty; 48° © (c) Assumption of existing mongage (gee rider for terms); or ase 2 {d) Purchase money note and to Seller (see Standards B and K and riders; addenda: or special clauses for terms). 50° V. TITLE EVIDENCE: At isast _5__ days (ifiblank, then 5 days) before Closing a title insurance cormmitment with legible copies ot inswuments. 51 lated as exceptions attached thereto (‘Tite Commitment’) and, after Closing, an owner's policy of title insurance (see Standard A for terms) shelt 52 be obtained by: 53° {CHECK ONLY ONE}: 3A) Seller, at expense amd delivered io Buyer or Buyer's sttomey: or san Q (2) Buyer at ‘a expensa. . 6s" (CHECK HERE: Off on abetract of ts to be furnished instesd of Ste imsurance, and attach rider for tenns. 56” VIL CLOSING DATE: This transaction shail 6 closed and the closing documents delivered on ON OR PRIOR 06/15/2007 (Closing’}, uness ST modified by other provisions of this Contract.!if Buyer i unable to obtain Hazard, Wind, Flood, or Homeowners’ insurance at a rasonabie rate 58 due to aEMe weather conciions, Buyer may detay Cloing for up to 5 daye efter such Coverage becomes avaiable. 59 VIL RESTRICTIONS; EASEMENTS; LI TIONS: Safer shalt convey marketahle tite subject to: comprehensive land use plans, zoning. 60 FesTictions, pronibitone and other imposed by governmental authority; rastictions and matters appeanng on the pl om FARGAR-7s Rev.7/04 ©2004 Aorta i Of Rem TorGe eed The Florida Bar AN Fignts Reseved = Page 3 of 4 7 This software is licensed to (J: Peres — sty Land Reslty Group) worn Crmnanctiomdnek com ADMINISTRATIVE COMPLAINT EXHIBIT / EYHIBIT # surna 4079772142 p.2 {yo03 05/22/2007 07:04 FAX 4073244045 COFRMON (0 tha saubdiviener, qutatancing of, gas and minacel dqnta of record wilhoul ight of eniry; unplelied pubic uility aesameras of record 6t & Socared Contiguous 1D fast DrODerty finda not more than 10 feet in ecith 20 to the seer or fone ines anc 7 1/2 feet mn width ae to te side 63 lines; tazas tor year of Cloang and years; and cnaumed mortgayas and puschepe money mortgages, U any ( scdiaonel terns, see 64 addendum provdied. inet thare at. Closing no viciation of the foregoing and none prevent uso of the Proveny for a” Purpawets. §8 VAL OCCUPANCY: Sellar shall daliver occunancy of Property to Buyer at time of Closing unless otherwise atntad herein. Property is imanded ar © bo rrmaor cep bers Gos fi ic a ae tha nd te enw e ore ed bo aca raat Soe 68 occupancy is to be delored butors ic. Buyer anaumes af rink of loge io Property fom dete of ocounanc\ shell be maponnible ard fabie 89 for mamnaanence from thet date. and ahul the daomed 60 have accopted Property in its edging condition as of time of taidng occupancy. 70 0X TYPEWRITTEN OR HANDWRITTEN ‘Repoerition or handwritan orowelons. riders and ackianda shed control af orinted oro 72 wih: af thee Contract ine nics wyith thor 72” XX ASSIGNABELITY: (CHECK ONLY Bager U0 say 3089 and theraby be rolegped from any furher fabilty under ts Conwact U may 7 ageipn bur not be reiesoed fram tabaty thé Contract, of Si may not aosign thi Contract. 74 XL DISCLOSURES = £0 0 GeTX HERE 1 te Property Umit wo @ specu samara thn taocned by a cubic baly oeme iv netoareren wn o ‘Contnus beyorct Closing and, #20. ‘ho shed pey amounes chan after Cioaniy Us Sober 4 Buyer 1 Otner (eee acddandum). 7 @& Radon 6 a neni ocouning 980 thet when socumuingsd in a busdina in suficient quentities mey nresent hasith rigka to pev- 7 S00 who a0 exposed ip @ Over (Leweie of cadon mas exceed fede! and sian guidsines tewa bean found in Ouildings in Roride. 73 Addéonel néotmesion recarding radon 3000 testa may be Obtained from your County Pubkc Heolth unit. eo {© Mold @ neaurally ocowming and (Cane henith risks oF daraage to propery. # Buyer is cOncamad of denres ackdiéinnel rnonnetion 61 Jecarding motd. Guyer should contact an aucrooriats professional. ee 48 Buyer actenretengos eoceit of tho Enargy-Giioency Reang intormeton Brochure requrad by Section 552.996, FS. @B fed I the reed Oronarnty inchxtes nee-1! ressderdal housing chan a lead-based osing rider ia rascknon. cy (9 & Sem is 2 “orogn peroon’” as dalins by the Foraign treecarriens i Flos Praperty Tax Act, the parson aha comply wi than Act, VON/COMMUNITY DIDCLOGUIRE, ; a7 80 PROPERTY TAX DISCLOSURE t BUYER SHOULD NOT RELY ON THE SELLER'S QURAENT PROPERTY DOES AS THE AMOUNT 8B OF PROPERTY TAXES THAT THE BUYER MAY GE OBLIGATED, TO ORY PM DE YEAR SUBSEQUENT. TD PURCHASE. A CHANGE OF OWNER- m SHD CB BROPERTY IMPROVEMENTS TIGGER REASSESOMENTE OF THE PRAPEHTY THAT COULD REGULT IN LGHER OROPERTY TAXES, oo {F YOU Haw’ any QUESnones, 3 WALLIATION, CONTACT THE COUNTY PROPERTY APPRAISERS OFRICE FOR INFORMATION. 21 20k MAUGMUM RRR COSTS: Softer fet be mepenile lor pavements in enicess of: 18 <$2__for wosnant anc ropa uncir Storer O of Darn, Own 1.5% of the Purchase Price Os 310.08 for reper eantanarment uncer Standard M not caused Dy Wood Desroving Oraanime if blenk. then 1.5% ns ra a Prone Prone 120 BROKERE The ‘ a ee broke Grckvding coomeonind broken. #454 rmmed below are he ondy brokers entiled to Gomnpolaon i Ganache een 122 Neme. AMON WE / SEY La whaler ceoor 30 MOSRET GLEOFIR/MOMEDRO FEOoMRT INA TF xy Gao 30 . 123 Cooperating Becioara If reg iigsings Baeotesr FARTBAR7s Rew 7/04 co20K Forde Associaton of Restore. 2nd Tha Aorta Boe Al ighta Fanvas «Page 2 of 4 Thies eutteece de Licensed to fmt, mee ew ceed Ree Tw chee wee meme y reine Agee Mae ee ADMINISTRATIVE COMPLAINT exnisit #_/ - o bie PASE _ OF 198 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED; 199 _N. INSPECTION AND REPAIR: Sefer warrants that the ceiling, roof (including the fascia and soffits), exterior and interior walls, foundation, and dockage of 200 the Property do not have any visible evidence of leaks, water damage, or structural damage and that ihe septic tank, pool, all appliances, mechanical items, heating, cooling, electrical, plumbing systems, and machinery are in Working Condition, The foregoing warranty shall be limited to the items specified unless 202 otherwise provided in an addendum. Buyer may inspect. or, at Buyer's expense, have a firm or individual specializing in home inspections and holding an occu- 203 pational license for such purpose (if required}, or by an appropriately ficensed Florida contractor, make inspections of, those items within 20 days after the Effective Date. Buyer shall, prior to Buyer's occupancy but not more than 20 days after Effective Date, report in writing to Seller such items that do not meet 205 the above standards as to defects. Unless Buyer timely reports such defects, Buyer shal! be deemed to have waived Seller's warranties as to defects not report- 206 ed. If repairs or replacements are required to comply with this Standard, Seller shalt cause them to be made and shail pay up to the amount provided in 207 Paragraph Xil (b). Seller is not required to make repairs or replacements of a Cosmetic Condition unless caused by a defect Seller is responsible to repair or 208 replace. If the cost for such repair or replacement exceeds the amount provided in Paragraph Xil (b), Buyer or Seller may elect to pay such excess, failing which: either party may cance! this Contract. ff Seller is unable to correct the defects prior to Closing, the cost thereof shail be paid into escrow at Closing. For pur- 210 poses of this Contract: (1) “Working Condition” means operating in the manner in which the item was designed to operate; (2) “Cosmetic Condition” means, 211 aesthetic imperfections that do not affect the Working Condition of the item, including, but not limited to: pitted marcite or other pool finishes; missing or torn) 212 screens; fogged windows; tears, wom spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips 213° of caulking in ceilings, watis. flooring, fixtures, or mirrors; and minor cracks in floors, tiles, windows, driveways, sidewaiks, or pool decks; and (3) cracked roof 214 tiles, curling or worn shingles, or limited roof tife shall not be considered defects Seller must repair or replace, so fong as there is no evidence of actual leaks 215 or leakage or structural damage, but missing tiles will be Seller's responsibility to raplace or repair. 216 O. RISK OF LOSS: if the Property is damaged by fire or other casualty before Closing and cost of restoration does not exceed 1.5% of the Purchase Price, cost 217 of restoration shall be an obligation of Setter and Closing shail proceed pursuant to the terms of this Contract with restoration costs escrowed at Closing. If the 218 cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property as is, together with either the 1.5% or any insurance proceeds 219 payable by virtue of such loss or damage, or receive a refund of deposit{s}, thereby releasing Buyer and Setter from ail further obligations under this Contract. 220 P, CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841, FS., 224 as amended, the escrow and closing procedure required by this Standard shail be waived. Unless waived as set forth above the following closing procedures 222 shail apply: (1) all closing proceeds shail be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2) if Seller’s title is rendered 223, unmarketable, through no fautt,of Buyer, Buyer shal, within the,5 day period, notify Seller in writing of the defect and Setter shall have 30 days from date of receipt 224 of such notification to cure the defect: (3) if Seller fails to timely cure the defect, all deposits and closing funds shail, Upon written demand by Buyer and within 5 225 days after demand, be returned to Buyer and, simuttaneousty with such repayment, Buyer shai return the Personal Property, vacate the Real Property and recon- 226 vey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fais to make. timely demand for refund, Buyer. shall take title as is. waiving al 227 Nights against Seiler as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. 228 Q. ESCROW: Any Closing Agent or escrow agent (collectively “Agent”) receiving funds or equivalent is authorized and agrees by acceptance of them to deposit | 229 them promptly, hoid same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Faire of funds to clear shall 230 not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, continue to hold the | 231 Subject matter of the escrow until the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall determine the rights of the 232 Parties, or Agent may deposit same with the clerk of the cirouit court having jurisdiction of the dispute. An attorney who represents a party and also acts as Agent | 233, may represent such party in such action, Upon notifying al parties concemed of such action, al fabiity on the part of Agent shail fully terminate, except to the extent 240 gation, which, for purposes of this Standard. shai include Seller, Buyer and any brokers acting in tionships i | . A agency or nonagency relat authorized by Chapter 241 475. FS. as amended, shall be entitled to recover from the non- prevailing party reasonable attomey’s tees, costs and expenses. * | 244 the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract: or Seller, / 245 at Seller's option, may proceed in equity to enforce Seller's rights under this Contract, If for any reason other than failure of Sellar to make Seller’ title mar. 247 deposit(s) without thereby waiving agy action for damages resulting frorn Solar’s brosoh. a) ae T CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: Neither this Contract nor any notice of it shall be recorded in any public 249 records. This Contract shail bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include 259 have not been disclosed to Buyer 260 X PROPERTY MAINTENANCE; PROPERTY ACCESS; REPAIR STANDARDS; ASSIGNMENT OF ro ‘ E ) 5 CONTRACTS AND WARRANTIES: Soller shail main- 281 fa tne Property, including, but not fmited to lawn, strubbery, and poo! in the condition existing as of Elfective Date, ordinary wear and tear exoeoted. Sette ADMINISTRATIVE COMPLAINT, nae . Wal GT MEATORS: and ine Sleviga Gar wei 86Page4 ore Thi i i ahs bis software is licensed to [Jamiceli Perez - sky rade Weshhy? é ppp BPS STANDARDS FOR REAL ESTATE TRANSACTIONS A. TTFLE INSURANCE. Comment shal be issued by a Fonda icensed tite isurer agreeing to ieeue Buyer, upon recording af the dead 10 Buyer an owner's policy of fifle insurance in the amount fhe purchase pice. insuning Buyers marketable fitie to tne Reat Property, subject only to matters contained in Paragranh Vi those to be cischanged by Sefer at or before Closing, Marketable tile shal be determined aocorcing to applicable Title Standards adopted by of The Rorida Bar and in accordance with law. Eyer shall have & days from cate of receiving the Tile Commitment to examine it, and ff tile is found defec- r Seller in waiting Getecds) winch render tile unmarketable. Seller shall have SO days from receiot of notice fo remove the catacts, felling which Buyer shall, within 5 days after expiration of the 30 day period, deliver writien notice to Salier either: (1) extending the time for a reasonable period not io excead 126 days within which Solor shall use dliger! effort to remows the doiecis: oF 2) requesting 4 reac of deposits) paid which shal be retumect 10 Buy. Buyer fais 10 So Notiy Selle. Buyer shall be Geemied io have aocepied the tile as ¢ then is. Seller shal, i ttle fs found unmarketable, use diigent effort to correct detect(s} wii ihe time prewied, after cigent efit, Sar ig unabis fo fomaly oorect ihe dalacts, Buver Shal ether waive the defects, or cane a ref of Gepost), thereby releasing Buyer and Seller from all further abfigations under this Contract. tf Salfer fs to provide the Title Commitment and it i delivered to Buyer less than 5 days prigr 138 fo Cinsing. Buyer may extend Clasing so that Buyer shad have up 804 clays finm date of rengint fo examine same in accordance with this Standard. ; | 436 B. PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shail provicie for 137 20 cay crane period in the event of default # a fest mortgage and a 15 day grace period 4 a Second or lesser mortgage: Shall provide for right of prepayment ake in whole oF in part without penalty. nail pera acceteration in event of transfer of the Real Property; shail require af prior liens and encumbrances fo be kext 439° in goad standing: shall forbid Modifications of. or iuture advances under, prior mortgagefs!: shad require Buver to maintain policies of insurance coniaining a 140. standard mortgages clase covering afi mprovernents focatect on the Reat Property against fire and ali peris included within the tem “extended coverage 141 endorsements” and such othar risks anc penis as Sefler may raasonsbly raguire, in an amount equal to their highest insurable value: and tha morigage. note 442 and security aareement shail be otherwise in form and content required by Sefier. but Seder may only require clauses and coverage customarily found in mori- 143. gages. morgage notes and security agreements generally uflized by savings and joan institufions or state or national banks located in the county wherein the 144 Beat Propeny is incated. Ail Personal Property and feases being conveyed or assigned wil, at Seller's option, be subject to the fen of a security agreement evi- 145 denced by recortied er Hed financing statements or certificates of litle # a balloon morigaue. the final oayment wil exceed the periodic payments thereon. i 146 C. SURVEY: Buver. af Buver’s expense. within ume allowed to deliver evidence of fife and fo examine same. may have the Real Property surveyed and cerfified 147 by a registered Florida survavor. if the survey discinses encroachments on the Real Property or thal improvements located thenson encroach on selback fines, ease: 148 ments, ands of others or violate anv restrictions. Contract eovenants of apnicable qovernmental maquiations. the sarne shail constiiute a tile defect. 149 1D. WOOD DESTROYING ORGANISMS: “\fiond 2 A ni WDD damage to be made and nav the costs tharent up To the amount orcvacied in SamiOn of Canoeing this Contract by civing written notice to Seller within 20 davs alter the Effective Date, or Buyer may elect to croceed with the transaction and a credit af Closing acmal to ihe amount orovidad in Paraaranh ie Buyer's fender requires an updated WDO recon. than Buyer shal, at Buyer's exrens 1 fave the oooortuniy to have the Prooerty sinspectad ior WD ihe cost of active infestation or new damaae estingied and mnartec Selon bNO at least 10 days onor to Closing, and thereatter Sefer shag C@USS SUCH Teaiment and repair fo be mace and nay the cost thereot: Provided, Salter’s total sboaiiOn tor freadment anc moir covets sarge unc no NSpeCchON shall Not exceed the amount orcwaded «n Pager fa E. INGRESS AND EGRES: @ 1S Maress and eorass to the Reaf Property sufficient for its intended use as described w Parzoranh Vii perent ar urabie in accordance with Standard i of eae nahi of EASES: Sefier sholi fore Cinsing firmish to Buyer copies of al written aS ANC estopped tetinrs from each tenant sneciiving the nat MCUDANCY, ferial rates. advanced rerd and securny decosits paid by ienant. if Seller is unable ta ob¥ain such fetter form each ans, the same informmanon shall be tumished tv Sefer to Guver within Thal time Oericd in the form of a Sefiers affidavit. and Buver may thereafter contact ten- eZ iter materialy from Seller's recresentations. Buver Mav ferninate thie Contract by deivenna written ier snaf, at Closing. defiver and assian all oncinal teases to Buver Send an affidavit affeshna to the absence. untess athenwise orovided for herein. of anv financing staterneni rs Known io Seller and further attesting that there have been no Tprovements oF repairs io the Real Pronerty tor 40 dave i Josina. the Real Pronerty has been imorowed or renaired within what 4 felpaSes or waivers of consin i INQ forth the names of all such gen- | OF ranairs which could serve as a basis for a | 3S Of Ben OF Dotentiat fF diately oracedina cate é | further affirming inal aff charaes for improvements CORSTTUCHON len OF a Clann jor damages fava been paid or will be part at the Glasing of ins Contract. H. PLACE OF CLOSING: Cinsing shai be held in the county wheremn the Real Property is nested at the office of the attorndy ar other dosifi aodeni Closing Agent” designated by the party paving for title insurance, OF 1 NO fitfe maurance, desianated by Seller : for herein which shad end on a Sanday. Sunday. or a legal hofday shall extend to 5:00 p.m of the next business day. Time is of the essence in this Contract. Shah fuTssh the cesd, bil of sale, certificate of tile. construction fen afficevt. owner's DOSSESSOn affidavit. assianments ef eases, S SPO CONeCiVE MeRUMENts. Hover shail furnish mortgage. mortgage nore. Seounty agreement and financna statements. ay STAMOS On ihe deed snd recording of corrective instruments shail be oaicl by Sellar ali cos: joan iwhether obtainest | RGUCIN, Dua not WwrHied to, documentary Sfamps and iniangita tax on the purchase money Mmerdede and any morigage assumect morrcedee tie insurance co & se Money Mortaaae to Sefer deed and tinancir dements shail be maid by Gover. Unieas cthenwise provided by law o ° Jontraci, charges ior the folowing related tie services. namely tile evidence. title exammnation. and f i ferment), shai be maid by the party rasponsidle for furnishina the eadence in gooordanos wiih Paraaranh V. Favor shail have ASM eksuranioe, f assumatte, MCTeaSed OF Gecreased as May DE reqLarad Dy prorahons 10 be macie fhrough day onor fo Tent and security < ks Sha be ororated, Gash af Closing shalt be Closing, oF acoupancy, ff Ccounancy cocurs before Chsing. Advance etd by Mortoscee wit be crediiect fe Soler Jaxes shal Weare AO in existenc Dé agread Ubon Detween ine cart of ether party. be reactusiad unon receint in Paragraph Xia, certified. confimmect and ratified sperial assessment 4 Closing shai be Dv Buver. If the imorovement has been substantially « fed. confined or rated and Sefer shall. si Closina. be charged an amour sous in FRiGa Association of Ppubehds ANaSTeR ddd VE COMRLAINTE, Page 3 094 Thin anftware ja licenaed ta faamica)? aoa Yes Land, @dattwr amon), anpactiondesk cam, Ms eer Ue Sy ‘ . / , “ ces esnent es surna 4079772142. OE ~ . { 05/22/2007 07:05 FAX 4073244045 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE THIS Addendum| to Contract for Sale and Purchase is mage ors al P \ ih day of may , 2007, by, between, and among WASHING! STREET FINANCIAL | CORP(“Seller”), and meary ‘ os (“Buyer”) for the jsale and purchase of the property located at Wayland | 39%? 4 legally described in the Contract (the “Progerty”). As an Addendum to Contract for Sale and Purchase (the ‘“Contract”), the parties agree as follows: 1. In the event of any conflict between the Contract and this Addendum, the provisions of this Addendum shall control. 2. Buyer acknowledges and agrees that: a) Seller obtained the Property through foreclosure or other means for the purpose of resale; b) Seller has never occupied the Property; and c) no disclosure form is available from Seller. 3. Yo induce Seller to sell the Property, Buyer has agreed to purchase the Property from Seller without any representations or warranties navaoehe by Seller and strictly on an “AS-IS WHERE-AS” condition and basis. Seller would not have agreed to sell the Property to Buyer junless Buyer agreed to purchase the Property strictly on an “AS-IS WHERE-AS” condition and basis with all faults, problems i defects and with no representations on warranties whatsoever made by Seller. 4. Buyer has|entered into the Contract and this Addendum and shall purchase the Property relying solely upon its own investigation, inspection or evaluation of the Property and not on tale CE | % AK ALMINISTRATIVE COMPLAINT, 9 =.yusimirr / EXHIB . EXHIBIT tl mids UE WD) 6 i _—— ) . OF m 40739772142 surna Boos 05/22/2007 07:05 FAX 4073244045 any statement, representation or warranty made by Seller or anyone acting or claiming/to act on behalf of Seller. Buyer has engaged, or will engage and has had the opportunity to engage, professionals ; to inspect the Pyoperty, has received or will receive their opinions and is familiar with the condition of the Property. Buyer shall bear and assume any and all risks associated with the Property and with iits investigation of the Property. $- Buyer ackhowledges and agrees that the Property is being purchased strictly 6n an “AS-IS WHERE-AS” condition and basis with any and all faults,| defects and problems whatsoever_ 6. Buyer acknowledges and agrees that Seller has no duty whatsoever to: a) make any representations or warranties relating ; to the Property, including but not limited to, regarding its condition, classiflication, its past or present use, its merchantability, fitness or Suitability for any particular purpose, use, design, construction or development, its surface or subsurface condition, its zoning classification, or the sufficiency, accessibility and fapacity of its utilities for Purchaser’s i intended use of the Property, and whether or not it is in violation of any building codes or other governmental rules or regulations; b) disclose any fanlts, problems or defects (latent or etherwise)in on with the Property; and c) to make any repairs or replacements whatsoever to the Property. 7. Buyer relinquishes, waives and releases any and all claims, causes of action, rights, and remedies against Seller relating to any and} all tepresentations and warranties (either 2 Wd GE ep oh EXHIBIT ol sl a 4079772142 p-& surna ; Boos 05/22/2007 07:08 FAX 4073244045 express or implied) arising out of or relating to the condition of the Property, the existence or non-existence of any faults, Problems or defects in the Property, and the merchantability, fitness or suitability of the Property for any purpose or use whatsoever. Buyer relinquishes, waives and releases any and all claims, causes of action, rights and remedies against Seller arising out of or relating to any faults, problems or defects in or associated with the Property. 8. Time is| of the essence with respect to all terms and conditions of this Contract. In the event, Buyer is unable to close on the. Closing. Date referenced. in the Contract (dune {§ bh c0cr} through no fault of the Seller, Seller shall have the option, in i its sole and absolute discretion, of cancelling the Contract and i refunding Buyer’s escrow deposit or scheduling a new Closing Date, retaining Buyer’s lescrow deposit as nonrefundable, and requiring Buyer to pay $100/00 pex day until the new Closing Date, In the event the Closing!Date is rescheduled, the deposit shall become nonrefundable and paid to Seller, and Buyer shall also pay Seller $100.00 per day until the new Closing Date. 9. Title will be conveyed at closing to Buyer by a special im warranty deed. 10. With respect to Section IV of the Contract, Buyer shall provide to Seller jin a signed writing full loan approval with absolutely ono conditions from its funding lender by the “Loan Approval Date”). If Buyer has not ed the unconditional ioan approval in a signed 3 Ax /f WP EW Pe ADMINISTRATIVE COMPLAINT EXE 4079772142 surna \g007 05/22/2007 07:08 FAX 4073244045 writing by the Loan Approval Date, Buyer may continue with the Contract by waiving any financing contingencies and any and ali other contingencies and all deposits shall then become nonrefundable andj|paid.to Seller. If Buyer refuses to waive the financing contingency and any and all other contingencies, Seller, in its sole and absolute discretion, may cancel the Contract and refund Buyer’s escrow deposit. ii. Buyer’s lender will be responsible for its own appraisal to determine the value of the Property and Seller shall not provide receipts or invoices to Bayer’s lender for determination of the sales price... 12. Buyer acknowledges and agrees that: a) Seller's agent represents, and is affiliated with, Seller; and b) Seller's corporate officers are licensed real estate agents. 13. The parties acknowledge and agree that they have had the opportunity to be represented by counsel of their own choosing, that they participated equally in the drafting of the Contract and this Addendum, thalt they understand the terms, conditions and consequences of the! Contract and this Addendum, and that they have entered into the Cdntract and this Addendum, freely, voluntarily and without duress and undue influence. “BUYER” “SELLER% _ —— Print Name: Date: Lol fF Bewro) Print ame: —_—— ater: 5 [22] oF 4 WY 6p aRATIVE COMPLAINT ADMENISTRA!

Docket for Case No: 09-000952PL