Fe 9 4 iste e foe rile py STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIGHY App _ ~9 FLORIDA REAL ESTATE COMMISSION A 0: yg flue anti PéSie FLORIDA DEPARTMENT OF BUSINESS AG INSTR OF AND PROFESSIONAL REGULATION, HEARINgM YE DIVISION OF REAL ESTATE, Petitioner, v. FDBPR Case N° 2008024247 SEAN NEGM, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Sean Negm (“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 3086735 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a sales associate at Lanosa H:\ac\negm.doc 1 FDBPR v. Sean Negm Case No. 2008024247 Administrative Complaint Realty Inc., 3540 Forest Hill Blvd. #201, West Palm Beach, Florida 33406. 4. At all times material, Respondent was registered as a sales associate with Re/Max Advantage Plus (Associates of Boca Raton) . 5. Respondent knew that the broker for Re/Max Advantage Plus (Associates of Boca Raton) was Alan & Linda Innella. 6. On or about March 1, 2007 Respondent represented Joseph Schembri & Lisa Vendick (Buyers) in the purchase of a property located at 10188 Brookville Lane, Boca Raton, FL 33428 (Subject Property) for $399,000. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 7. On or about February 26, 2007 Respondent received from Buyer a check for $1,000 to be placed in escrow for the purchase of the Subject Property. A copy of the check is attached hereto and ‘incorporated herein as Administrative Complaint Exhibit 2. 8. Respondent delivered the check for $1,000 received from Buyer to his employer of record. 9. On or about March 1, 2007 Respondent knew that the Sellers’ signed the contract for the sale of the Subject Property to Buyer. 10. On or about March 6, 2007 Respondent received from Buyer a check for $11,500 to be placed in escrow for the purchase of the H:\ac\negm.doc 2 FDBPR v. Sean Negm Case No. 2008024247 Administrative Complaint Subject Property. A copy of the check is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 11. Respondent failed to deliver Buyers’ check to his employer of record. 12. Respondent concealed from his broker of record having received the Buyer’s check for $11,500. COUNT ONE Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, 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 TWO Based upon the foregoing, Respondent is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of Section 475.25(1) (k), 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 H:\ac\negm.doc : 3 FDBPR v. Sean Negm Case No. 2008024247 Administrative Complaint 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 $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 H:\ac\negm.doc 4 FDBPR v. Sean Negm Case No. 2008024247 Administrative Complaint 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. stenep thisllpaay of , 2008. Départment of Business Professional Regulation Thomas O’Bryant, Jr. Director, Division of Real Est ATTORNEY FOR PETITIONER ( Vou Patrick James Cunningham Senior Attorney Florida Bar N° 469221 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 /k PCP: JDR GS 9/08 H:\ac\negm.doc 5 BE LPR 9 A ip yg FDBPR v. Sean Negm . . Case io 2008024247 Administrative Complaint ’ SiH OF AL i TIVE NOTICE TO nusponpants}| RINGS 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. H.\ac\negm.doc 6 Loe svt vews BULA KEAL ESTATE TEAM (561) 338-9017 2 2p ur Ur.cau OVER REAL COrRie to : wee THIS FORM HAS SEEN APPROVED 6'l THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA GAR Ci ct Sale And Purchase REM’, ° FLORIDA pears REALTORS® AND THE FLORIDA BAR '~ PARTIES: - -—-—— RAMBLE, BAINES __ . ~— (Sefer), and JOSEPH SCH LISA VENDICK. — (Buyer), 16" ll, PURCHASE PRICE (U.S. currency... heceby agree that Seller shall sell and Buyar shall bur tha follawing described Real Property and Personal Prozerty (collectively “Property”) puravantto the lems and conditions of this Contract tor Sale and Purchase and any fidecs and addenda (Contract) 1, DESCRIPTION: {a} Legat description ofthe. Real Property tocated in . .-RALALBEA CH. . County, Rorda: H&tSB8OROQ ESOUNTRY CLUB PLZ LT 259. . _ . ~ - ~ a ()) Street address, city, zip, of tha Property ——— 70188 RRQQKILL LANE BOCA RATON FL A542R {c) Peraonat Property includes existing range(s), sefrigerator(s), dishwasher(s), calling fan(s), fight fixture(s}, and windcw treatment(s) unless: Specifically exctuded below. . ‘Other items included are: Guile Teledsion facoted fn the Bathroom . i a ~ hems of Persana! apery (2nd leased Kems, any) exokided ara: NONE. a : $______ 399,000.90 PAYMENT, (6) Dacesk Reid in esctow by_____ REMAX AQVANZILGE LLUSCEscraw Agent) In the amount of (chacke wubjectto clearance) goatap (b) Adaltona! escrow degask to be made to Escrow Agamt within hy. duye after Effective Date (#0 Paragraph itl) in ine amount of... tees (c) Financing (see Paragrapn IV) in tne emount : (cp) Omer... toe {e} Batance ta close by cash, wire 10 adjustmants or procations: (2) Wthis offaris not executed by and delivered tc al paies OR FACT OF EXECUTION communteated in writing batwoon the parties on or before tre deposits) wid, at Buyer's option, be reiumed and thie offer withdrawn, UNLESS OTH. ERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY GOUNTEROFFERS SHALL BE 2 DAYS FROM THE OATE THE COUN- TEROFFERISDELIVERED. (0) The date of Contract (“Elfectiva Date’) will bs tie date whan the last one of tha Buyer and Seller has signed or intialed thi offer & the final coumerofier. If such dato ia not atherwise set forth in this Contract, then the "Effective Oate” shall be the dete determined above for acceptance of this offar or. if spplicable, the final countaroffar, i¥. FINANCING: {2 (@) Thie ts @ cash tansaction with AO contingencies tor financing: 24 @) This Contract is contingent on Buyar odtaising approval of @ oan (Loan Appraval’) within _____ days Gf blank, then 39 days} after Efeciva Date (Loan Approval Date") for (CHECK ONLY ONE): Cla fied; Clan adjustable; or (te fixed or adjustable rate ean, inthe Principal amount of $ Z000.00_ ___ _, at en inital interest rate not to exoaed ——.—%, discount and origination tees nat to Oxcond —__. 2___% of principal amount, and for @ tarm of 39. years. Guyer wil make application within —-—. days (if blank, then 5 days) after Effective Date. Buyer shall use reasonable diigance to; obtain Loan Approval and notify Salter in writing of Laan Approvai by Loan Approval Ozte; sutisty teams and conditione of the Loan Approval: and close tha loan, Loan Approval which requires a condition ‘lated ta the sale af ather property shall nat be:seemed Loan Approval for purposas af this subparagraph, Buyer shall pay all loan expenses. {c) Assumption of existing mortgage (see rider tor terme); or C1 (a) Purchase money Note and mortgage to Sellat (cee Standards B arid K ang ‘idars; addenda; of spacist clauses tor terms). V.TIFLE EVIDENCE: Atleast ____duys {it blank, then § daya) before Closing a tite insuraace commitment with legible copias of instruments fisfed as exceptions attached therato (“Tika Comamitment)" and, after Closing, an owner's policy of title Insurance (see Starwfard A for terms} shall be obtained by: 9 transaction shail be closad and the closing documents delivered on Rebate. 20 days. ("Closing"), uniess is Contract tf Buyer ia unable to obtain Hazard, Wind, Flood, or Homeowners’ insurenca at a weeaenote rate Sie to extreme weather conditions, Buyer may delay Ctosiog for up to & days aftar such Coverage bacomes avatatie. Vit RESTRICTIONS; EASEMENTS; LIMITATIONS: Salier shall convey marketable tlow subject to: comprehensive land use plans, zoning, rastictions, prahibitians and other requirements Inposed by govecnmental authority; rectrictians and matters. appearing on the plat ar otherwise FARIBAR-Ts flev. 7704 ©2004 Florida Ansoctation of REALTORS® and The Florida Baral Rights Reseed Page 1 of « This form produced ty: SUA Ronee @ 626.1077 ADMINISTRATIVE COMPLAINT. EXHIBIT #_| a ! F STANDU.ROS FOR REAL ESTATE TRANSACTIONS ~ 31 32 tssonc by a Florkia Goented te insurer acesehn] to icsue Buyer, upon fPecording of ne Seed to Buyer, an SOK mercer Vike urmarketable, Selier wral have 30 dayx tom reccipl of nose 10 renace lie cefects, falir.g aay period. Catva: wrtien notice te Setar other: {1; edending the line fore feascnabee pertod net ic front to remove the deta cts: oF 2) requesting a refma of Gepceit(s) pakd which chal be recimad to Guyer. if fave accaptes the tide as then ty. Sacer Shall, @ Udo ts foLed Urrnartatatta, use ditgert effpe to cone SEG Sater ie unable 10 timely comact he detacts, Buyor enal euthar naive the Galen oF rescin ean of a4 further ottigadons under this Coatract. If Sater is in provide €0 Tilo Comatenent i | Pe z 3 4 € 6 9 0 2 3 PAREAR 7s Rev. 7104 ©2008 — Florida Aezociation Of REALTORS® and The Florida Bar Al Rignts Reserved Puge fois RMON OF. SAE rrr stator Gta i49.nauy ADMINISTRATIVE COMPLAINT, EXHIBIT # v OF ét Ul UZsYp BOCA REAL ESTATE TEAM 222 U6 Urey Deer ee Le {561) 338-9017 23 /caramon to the aubdwision: outstanding 08, ¢28 end minerai rights of cecord without right of entey, unplatied pubic utifry sasements of record 7° lozatod contiguous to real oroparty ines and not mee than 10 feet in whith as {c the rear or Font Bnag and 7 1a feet in width as to she size + Gnas); taxes for year af Closing and subsaquert years, and assumed mongages end purchase money mergages, # any ( adationa ferns; addendum): provided, that ‘her exists a Clesing no viciston of the foregoing and none prevant use of the Property {de rented or occupimd beyond Closing, tha fact and terms tharaof and the tenanXs) or occupams shall be disclosed pursuant'o Standard F. if 2° K ASBIGNABILITY: (CHECK ONLY ONE Buyer < may nesign and thereby be rolassed from any further liability under this Contract; O may 3° assign but not be released from lability under this Contract; or 2 may not assign thia Contract. 7 reganding mald, Buyer shoukl contact an appropdele professional. ; (4) Suyer aomowleages roosips of the Florida Energy-Efficlency Rating information Brochure required by Section 663.996, F.S. {9) if the rea! proparty includes pre-1978 residential housing, thec a lead-based Paint rider Is mandatory. . (9 W Seiler ts a “foreign persan” as defied by the Foreign invesimant in Rea! Property Tax Act, the parties shall comply with that Act . é (3) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS PED MIBS ase z z a a 3 z 3 3 a 3 i 5 8 z g By ry 8 a i a i P 4 2 a 8g a g g a BS g 2 S i 3 S& CHANGE OF OWKERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULS g, RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY Si PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 22 Seller shal not be responsibla for payments in excess of: 33° for treatment end repair under Standard D (it blank, then 1.5% of the Purchase Price). Sar (BSL tor fener end replacement uncer Standard N not caused by Wood Destoying Organisms (if blank. then 1.5% 95 _of the Purchase Prica), 86" Xi. HOME WARRANTY: 1 Satler O Buyer DANZA will pay for a nome warranty plan Issued by 87 atacostnatte exceed $. —— x - ae XIV. RIDERS; AQDENDA: SPECIAL GLAUSES: CHECK those riders which ace applicable AND are attached to and made: part of this $9 Conract Sconpominium. vA” KEHOMSOWNERS' ASSN, COLEAD-BASED PAINT MICOASTAL CONSTRUCTION CONTROL LiNE s-INSULATION = “ass Toina- Comprehensive Rider Provisions OC Asdenda REAL ESTATE PROCESSING FEE: REMAX Advantage Plus. ESCROW: Buyer and Seller agree that RE/MAX loterest bee E REMAX Adw: deposit A¥. STANDAROS FOR REAL ESTATE TRANSACTIONS Standards"): Buyer and Seller acknowledge receipt of a copy of Standards A ‘rough Y on the reverse side or attached, which are ineorparates as part of this Contract, THIS IS INTENDED TO BIE A LEGALLY BINDING CONTRACT. iF NOT FULLY UNDERSTOOD, positions of ail interestec persons. ALINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. OAT : (ate) ELLER (DATE) at - = ORRSO?_. 22 (@UYERY USA VENOIGK (CATE) (SELLER) 23° Buyers’ ad¢rass for purposes of notica EQKNIGHT AYE -—-- Sellers’ access tor purpasas ofnotice 24° RUNWEMEBOE NJ 98078 _ . ee ne -—- 25° 609-440. . : - -_ hone ___ —...— Phone 26 BROKERS: ne brokers [inciudiag cooperating teokers, if any) namad below are the only brokers entitled to compensation in connection with 27 this Conwacc #8" Name _EEMAS AQVANTAGE PL US/SEANNEGM LANE BEATVREVID & RYAN GREENBLATT. 2 Coaperating Grakers, if any . ~ Getiog Braker — —— FARIBAR 7s Rev. 704 © 7004 Floriia Association af REALTORS® and The Florica BarAli Rights Resened Page 2at4 TNa sam proud ty Mae itiee Pocrrestator 809.296.1007 ADMINISTRATIVE COMPLAINT, EXHIBIT # a) 4/2007 17:18 FAX 561 998 8875 61° 62 63 64 6s" reid 74 75" 76 7? 78 79 80 a1 a2 83 8s 85 86 87 86 $6* “e7 9a 99 100" torr iea* 403 104 105 LANG REALTY commen to the subdivision: Outstanding olf, gas and mineral fights of record without righ! of entry; unplatied public ulility easements of record located contiguous to teal property lines and not more than 10 feet In width as to the. rear or front lines ang 7 We feel in width as to the side lines); taxes for year of Closing and subsequent years; and assumed mortgages and Purchase monay mortgages, if any (if additional items, see addendum); provided, that there exists at Closing no violation of the foregcing and none Prevent use of the Property for - D: Vill, OCCUPANCY; Seier shall deliver occupancy of Property to Buyer at time of Closing unless ctharwise stated herein. if Property Is intenaea to be rented or Occupied beyond Closing, the fact and terms thereof and the tenants) of occupants shai be disclosed pursuant fo Standard F Mf Occupancy is to be delivered before Closing, Buyer assumes all tisks of loss to Property from date of occupancy, shail be responsible and liable % ASSIGNABILITY: (CHECK ONLY ONE): Buyer may sssign and thereby be teleased trom any further tabllly under this Contract Omay assign but not be released from lability under this Contract; or Bi may not assign this Contract. 1. DISCLOSURES: (8) OCHECK HERE if the Property is subject to a special assessment tlen 'mpased by a public body payable in installments which Continue bayond Ciosing and, # so, specify who shall pay amounts dua afier Ciosing: ) Seller OBuyer . Other (see addendum), (©) Radon is a naturally occurring radioactive 326 that when accumulated. in @ bullding in sufficient quantities may preseat health risks to per- (If Setter is 2 “foreign person” as Gefined by the Foreign investment in Real Property Tax Act, the parties shall comply with that Act. (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS: (5) PROPERTY Tax DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY. TAXES AS THE @s_o for treatment and repair under Standard 0 (if blank, than 1.5% of the Purchase Price). {b) $. 7 for repair and feplacement under Standans N not caused by Wood Destroying Organisms (f blank, then 1.5% , olthe Purchase Price), . ; : : Xtll, HOME WARRANTY: Q Setter 0 Buyer Rinsa witt pay for a home warranty plan.issued by __ at a cost not to excoad ¢ xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this ontract . . Oconvomintum OvareHa, RIHOMEOwNERS! ASSN. CULEAD-BASED PAINT fcoastat CONSTRUCTION CONTROL LINE Ginsutation O-as.is" Ootner Comprenensiva Rider Provisions OAddenda Special Clause(s): 1G Xv, STANDARDS FOR REAL ESTATE TRANSACTIONS. (Standards*): Buyer and Seller acknowledge feceipt of a copy of Standards a a THIS IS INTENDED TO BEA LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, is SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 14 THIS FORM HAS BEEN APPROVED py THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR he Adproval does not constitute an ‘opinion that any of the terms and conditions in this Contract Should be accepted by the Parties in a 8 Particular transaction, Terms and conditions Should be negotiated based upon the respective interests, objectives ang bargaining Me . posttions of all interested persons, : ig: ANASTERISK() FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK To BE COMPLET! i 7 3 ' 120 (BUYER) JOSEPH SCEMBRI (DATE) (SELLER) (Cyn7. rt (ba tai : | . 228/07 i 122 (BUYER) USA VENDICK DATE (DATE) (SELLER) {2 po AS (DATB) 123" Buyers’ address for PUrpOsss of notice 50 NGHT A Sellers’ ” ic 126" RUN rae SOKMIGHTAVE ga ters addiess se frosss ot notice 10/68 Blow slic baa 125" 809-440-4349 Phone sd nee The brokers {including cooperating brokers, if any) named below are the Only brokers entitied to compensation in connection with ‘ontract: 228" Name: REALTVA 128° Name REMAX ADVANTAGE PLUS/SEaN NEGM LANG REALTYDAVID & RYAN GREENEL 4 IT. Cooperating Brokers, if any Listing Broker FARIBAR 75 Rev. 7/04 © 2034 Florida Association of REALTORS® and The Florida BarAll Rights Reseryed Pag. This form produce by, {48 Formuta tors 800.336.1097 me Lifer ADMINISTRATIVE COMPLAINT | YMIRG) ee (861) 338-9917 p.7 COMMERCE BANK Heir NST CONVENIENT BANK, Meal ADyalige fie, « oO Meets del aay (eee: SO TETTT RR Mierroe erin neste shag ADMINISTRATIVE COMPLAINT EXHIBIT #9 ace or St Pee gO 04/04/2007 11:35 PAX 561 989 2101 LANG KEALGE Gi. Taga aSaEOE ARE MELLIN, EYAL sean Main AAS SAAR CMU HOF LAAN saoyate manere JOSEPH TYLER SCHEMA , USA VENDICK hk y 30 KMIGIT AVEHUL - 3 é (0 2a HUOMMEMECRE, NJ R071 ta WACHOVL. Wachovia Bank, ALA, (here spcrintcos f va IB OL Om. ADMINISTRATIVE COMPLAINT EXHIBIT #3 pace | OF _.

Docket for Case No: 09-001797PL