&9 STATE OF FLORIDA OZ. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, | “Q FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, 09. DU. PL. or if ; Petitioner, vs. DBPR Case No. 2008052333 Seanes EBM PARISH, IR., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Florida Department of Business and Professional Regulation, hereinafter referred to as "Petitioner," and files this Sanes Administrative Complaint against sfe#m Parish, Jr., hereinafter, referred to as "Respondent," and alleges the following: 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, Florida Statutes, and the rules promulgated pursuant thereto. 2. Chapter 475.01(1)(a), Florida Statutes provides, in relevant part: ‘Broker’ means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, HAUNLICEN\parish.AC.doc J FDBPR v. John Parish, Jr. Case No. 2008052333 Administrative Complaint sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly . or indirectly therefor; and all persons who advertise rental property information or lists. A broker renders a professional service and is a professional within the meaning of s. 95.11(4) (a). 3. "Operate" means the commission of one or more acts described in Chapter 475, Florida Statutes, as constituting or defining a broker, broker-sales associate, or sales associate, not including, however, any of the exceptions stated therein. See Section 475.01(3), Florida Statutes. 4. No person shall operate as a real estate broker or sales " HAUNLICEN\parish.AC.doc 2 FDBPR v. John Parish, Jr. Case No. 2008052333 Administrative Complaint associate in Florida without being the holder of a valid and current active license therefore. See Section 475.42(1) (a), Florida Statutes. 5. Respondent, is not now, nor was at any time material herein, registered as a licensed real estate brokerage in the state of Florida. Fores . 6. Respondent -@@%g. Parish, Jr, is president of Quadreal Investment Group Inc. 7. Respondent Parish, Jr. knew or should have known that Quadreal Investment Group Inc., was not licensed to engage in real estate transactions in the state of Florida. 8. At all times material Respondent advertises real estate for sale on a website known as http: quadreal.com/ (www. quadreal .com) : . 9. On or about October 22, 2008, Respondent published or caused to be published an advertisement for the sale of real property located at eA NE 12th Street, Gainesville, Florida 32609, owned by Cantu & Coronado. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 1 Aecondiny to Alachos PA eFhce - Stokes ane SHIT 1 avers ok On or about October 22, 2008, Respondent published or caused to be published an advertisement for the sale of real HAUNLICEN\parish.AC.doc 3 FDBPR v. John Parish, Jr. Case No. 2008052333 Administrative Complaint property located at 16916 NW 174th Terrace, Alachua, FL 32615, owned by Justin & Anika Stokes for $135,000. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 2 fhasion Govt: Slows Kubiak o3 Tle ene” ‘about October 22, 2008, Respondent published or 11. caused to be published an. advertisement for the sale of real property located at 3993 SW Deepwater Ct., Dunnellon, FL 34431, owned by Jon A. Kubiak. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 12. On or about October 22, 2008, Respondent published or caused to be published an advertisement for the sale of real property located at 27167 Thorncrest Ave., Brooksville, FL 34602, “owned by Kevani D. Jones. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 13. On or about October 22, 2008, Respondent published or caused to be published an advertisement for the sale of real property located at 1057 Revilla La., Rockledge, FL 32955, owned by Shirley A. Grant/John H. Brown Estate. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 5. H:AUNLICEN\parish.AC.doc 4 FDBPR v. John Parish, Jr. Case No. 2008052333 Administrative Complaint ~. PA ofhce Con hres Pan cie Pc Mabon 14. On or about October 22, 2008, Respondent published or caused to be published an advertisement for. the sale of real property located at 2147 NW ist St., Ocala, FL 34475, owned by - Patricia McMahon. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 6. PA Conkrent Wood shuft . 15.'°On or about October 22, 2008, Respondent published or caused to be published an advertisement for the sale of real property located at 21410 Palatka Dr., Dunnellon, FL 34431, owned by -John 1. & Sherlyn Woodstuff. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 7. pete APM! Conbers Garey ey Wi esos Pepe oe bout Setober 23, 2008, Respondent published or 16. caused to be published an advertisement for the sale of real property located at 4217 SE 103rd Lane, Belleview, FL 34420, owned by Gregory T. & Mary Ann Wilkerson. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 8. . 17. On or about October 22, 2008, Respondent published or caused to be published an advertisement for the sale of real property located at 6036 E. Willow St., Inverness, FL 34452, owned by Stephan L. & Rachel D. Ward. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint HAUNLICEN\parish.AC.doc 5 FDBPR v. John Parish, Jr. Case No. 2008052333 Administrative Complaint Exhibit 9. 18. On or about October 22, 2008, Respondent published or caused to be published an advertisement for the sale of real property located at 2809 W. Reagan St., Inverness, FL 34453, owned by Richard L. & Mary E. Cook. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 10. 19. On or about October 22, 2008, Respondent published or caused to be published an advertisement for the sale of real property located at 9416 E. Southgate Dr., Inverness, FL 34450, owned by Vivian E. Claridge for $156,000. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 11. 20. On or about October 22, 2008, Respondent published or caused to be published | an advertisement for the sale of real property located at 2501 NW Ridgewood Rd., Dunnellon, FL 34431, owned by Zilda Prinzie for $75,000. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 12. 21. On or about October 22, 2008, Respondent published or caused to be published an advertisement for the sale of real property located at 6358 Dakota Dr., Brooksville, FL 34602, owned H:A\UNLICEN\parish. AC.doc 6 FDBPR v. John Parish, Jr. Case No. 2008052333 Administrative Complaint by Larry E. & Melody Tatro for $27,750. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 13. 22. On or about October 22, 2008, Respondent published or caused to be published an advertisement for the sale of real property located at 1416 SE 27th St., Ocala, FL 34471, owners, (4- condos), each privately-owned by these owners; Gerald A. & Deania J. Pascale, Christina Whited, Joanne F. Seitz and Matthew J. & Catherine Cameron. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 14. 23. Respondent knew or should have known that Respondent was not licensed in the state of Florida to be compensated for real estate transactions. 24. Respondent was at all times material, in his attempt to bring together Jorge & Carmen Friguls (Seller) and Hector & Evelyn Cajeedo (Buyer) for the real property located at 325 Sprucewood Rd., Lake Mary, FL 32746, with the intention that he would receive compensation or valuable consideration, directly or indirectly, paid or promised, expressly or implied, for the transaction. 25. At all times material, Respondent had no title or any other interest in the listed property or the property under contract. H:\UNLICEN\parish.AC.doc 7 FDBPR v. John Parish, Jr. Case No. 2008052333 Administrative Complaint 26. At all times material, Respondent attempted to bring together the owners’ of the properties advertised with Buyers with the intention that Respondent would receive compensation or valuable consideration, directly or indirectly, paid or promised, expressly or implied, for the transaction. 27. Respondent knew or should have known that in all criminal cases, contempt cases, and other cases filed pursuant to Chapter 475 Florida Statutes, if a party advertised real estate for sale, lease, or rental, generally, or describing property, the title to which was not in such party at the time, it shall be a presumption that such party was acting or attempting to act as a real estate broker. COUNT ONE Based upon the foregoing, Respondent is guilty of having operated as a broker or sales associate without being the holder of a valid and current license as a broker or sales associate in violation of Section 475.42(1) (a), Florida Statutes, and, therefore, in violation of Section 455.228, 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 HAUNLICEN\parish.AC.doc 8 FDBPR v. John Parish, Jr. . Case No. 2008052333 Administrative Complaint 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, registration, or permit; suspension of the license, registration, or permit for a period not to ‘excéed 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 permittee 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 Rule 6102-24.001, Florida Administrative Code. 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 permittee to complete HAUNLICEN\parish.AC.doc . 9 FDBPR v. John Parish, Jr. Case No. 2008052333 Administrative Complaint and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist notice; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Rule 6132-24.001, Florida Administrative Code. SIGNED this 2© gay of Moveh __, 2009. ATTORNEY FOR PETITIONER Ale Patrick Jam&s Cunningham Senior Attorney Florida Bar No. 469221 Senior Attorney, Real Estate Department of Business and Professional Regulation, Division of Real Estate 400 West Robinson Street N801 Orlando, FL. 32801-1757 (407) 481-5632 (407) 317-7260 FAX HAUNLICEN\parish.AC.doc 10 FDBPR v. John Parish, Jr. 9 Administrative Complaint ~ AUip CaseN6.-2008052333 /9 by NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Sect the Florida Statutes, is not available for administra involving this type of agency action. 29.573 of ‘e disputes 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 Department of Business and Professional Regulation 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:AUNLICEN\parish.AC.doc It

Docket for Case No: 09-004246PL