STATE OF FLORIDA : | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS i ; 4p AND PROFESSIONAL REGULATION, 10-Ol DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case NO. 2008041136 JEAN ROBERT PIERRE-PAUL, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Jean Robert Pierre-Paul (“Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 3073105 H.\ac\pierre-paulac.doc FDBPR v. Jean Robert Pierre-Paul Case No. 2008041136 Administrative Complaint in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker at Premier Realty and Investment Group Corp., 8410 NE lst Place, Miami, Florida 33138. 4. Respondent is the qualifying broker for Premier Realty and Investment Group Corp., a licensed brokerage in the state of Florida. 5. On or about August 2, 2007 Respondent on behalf of Leonard P. O'Neill, (Buyer) negotiated a sales and purchase contract with Mica James & Leonel Pierre Gerard (Seller) for a property located at 1224 NE 144 Street, Miami, FL 33161 (Subject Property) for $360,000 with a $3,000 deposit to be held by the law office of Gerald Lindor. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. On or about August 31, 2007 Respondent knew or should have known that Seller sold the Subject Property to Buyer for the amount of $350,000. A copy of the Settlement Statement is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 7. Respondent failed to disclose to Seller that Respondent was charging Seller a transaction fee for $299.00. 8. Respondent failed to disclose to Buyer that Respondent was H:\ac\pierre-pautac.doc 2 FDBPR v. Jean Robert Pierre-Paul Case No. 2008041136 Administrative Complaint charging Buyer a transactional fee of $299.00. 9. At all times material Respondent was instructed to deliver to Petitioner’s representative, investigator Cordo, the broker’s business records for the sale and purchase of the Subject Property. 10. Respondent failed to obtain and secure written verification, in the broker’s business records that the Buyer’s deposit for $3,000 was delivered to the law office of Gerald Lindor. 11. Respondent failed to obtain and secure an amendment to the contract price for the Subject Property, signed by Seller and Buyer, reducing the price from $360,000 to the amount financed of $350,000. COUNT ONE Based upon the foregoing, Respondent 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 61J2-14.012(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\pierre-paulac.doc 3 FDBPR v. Jean Robert Pierre-Paul Case No. 2008041136 Administrative Complaint COUNT TWO Based upon the foregoing, Respondent is guilty of failing to obtain and secure written verification of a deposit upon delivery of the funds to the title company or attorney in violation of Rule 6132-14.008(b) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1) (e), Florida Statutes. COUNT THREE Based upon the foregoing, Respondent is guilty of concealment, 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. 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 $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; H:\ac\pierre-paulac.doc 4 FDBPR v. Jean Robert Pierre~Paul Case No. 2008041136 Administrative Complaint 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 Florida Administrative Code Rule 6102-24.001. 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 permittee to complete 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 Florida Administrative Code Rule 6132-24.001. H:\ac\pierre-paulac.doc 5 FDBPR v. Jean Robert Pierre-Paul Case No. 2008041136 Administrative Complaint SIGNED this day of , 2009. CHARLI lam, Taterim Secretary Depart Business and Regulation By: Jdogeph A. Solla III MSsistant General Counsel &la. Bar No. 287288 Department of Business and Professional Regulation Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 - Facsimile PCP Date: 12/09 PCP MEMBERS : Guju/Fisher H:\ac\pierre-paulac,doc FDBPR v. Jean Robert Pierre-~Paul Case No. 2008041136 Administrative Complaint 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. H:\ac\pierre-paulac.doc 7 VQ YeEeeeaNe r B af ®) ) and Sell ( ) i is ich . ras or ore Bo Seller Me Mh “Ate ee ALIA AREY RON PESCOMRRE Reg" of 8 Pons PeTUe, 5g; 1. SALE AND PURCHASE: MICA JAMES (“Seller -” and LEONARD P ONEILL (“Buyer”) agree to sell and buy on the terms and conditions Specified below the Property described as: Address: 1224 NE 144 STREET MIAMT FL 33161 re County: DAE Legal Description: a ee OE E— Tax ID No: 33-2220-002-3390 together with ail existing improvements and attached items, including fixtures, built-in furnishings, major appliances (including but not limited to range(s), refrigerator(s), dishwasher(s), washer(s), and dryers), __(#) Ceiling fans (if left blank, all Ceiling fans), Carpeting, rods, Craperies and other s), light fixtures, attached wall-to-wall . . window treatments as of Effective Date. The only other items included in the purchase are: MASENE(DRNER, STOVE AND REFRIGTRATOR Os ® Only ther ” The following attached items are excluded from the purchase: : real and personal Property Property. i The Gescribed above as included in the purchase refered lo as Fe 7 ” Personal property listed IBS Contact cide te purchase pe, ras ro contbutey vale ate eee a ea Pa A PRICE AND FINANCING 2. PURCHASE PRICE: $ 360,000.00 Payable by Buyer in U.S. Currency as follows: : f$______3, 000,00 DPSS Soba (Checks ae sect to cerancajon SWS pra, amie "0" Gelvery to_LAW OF “GERALD LENDOR (Escrow Agent) (e) $ 33,000.00 RE "8. FINANCING: (Check as applicable) Q (a) Fee ull Pay cash for the Property wth no fneicing contingency ‘ah uve al soph fr new 3{ conventional Fa Q va trata Specified in paragraph 2(c) at the prevaiing interest rate and coves wpe ssed % Buyer's crectwerthiness fhe “Fancy en, lo days from Effective Date (5 days if left blanio and Sana Crear a te BENG rt Cara rn ea a ot anh sa rea a ere as wen eae ee BR of this Contract), or (3) another provision of this Contract Provides for cancellation. . CLOSING i Toe 8 Spectically extended by the Buyer and Safer or by any other provision Canad wb coons Sage PMOL Pe epoca Feng Sok RSG BO Contract wil be closedon_aug. 20th , 2007 ("Rosh Date” at the tre estabiched by the dosing agert, by wh thre sht= ee ary al ge oe a a ep Sar ee ee 57 of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker as-per - 58 Pafearaph.18. in acction to other expenses provided inthis Contract, Seller and Buyer wil pay the costs indleated been 59 (a) Seller Costs: 60 ‘Taxes and surtaxes on the deed 61 Recording fees for documents needed to cure title Other: Seller wil pay up to $ or % (1.5% fet blank) of the purchase price for repairs to warranted items ("Repair 62° @3* 64" or % (1.5% it fet blany of the purchase price for wood!-destroying organism treatment 65' and repairs (‘WDO Repair Limit’); and up to $ or % (1.5% if left blank) of the purchase price for costs 66 0D) ayer et Gosing out cpen permits and cbaning required permis for unparitted exsting mprovernents (Permit Livi 67 68 69 70 (b) Buyer Costs: Taxes and recording fees on notes and mortgages Recording fees on the deed and financing staternents Loan expenses ral Lender's title policy 72 Inspections 73 Survey 75" ~~ Other: _ a 76 (c} Title Evidence and Insurance: Check (1) or (2): 7 ard Wl pay a Tbe @ Paragrach 10.1) owners ie insurance comment. Q Sele wl select he ite agent BEGRSSSSLS KERR EEIRREBRIBAg Z 8 3 g2ahe: 3 g i g c i FI 3 E 3 i Q é eee . A home warranty plan provides for repair or replacement of many of a home’s mechanical systems and major built-in appliances in the event of breakdown due to normal wear and tear during the agreement period. 106 PROPERTY CONDITION 107 6. INSPECTION PERIODS: Buyer will complete the inspections referenced in Paragraphs 7 and 8{a2) by ‘108° ___ (the earlier of 10 days after the Effective Date or 5 days prior to Closing Date if left blani) (“inspection Period”); 108" the wood-destroying organism inspection by (at least 5 days prior to closing, if left 110 blank); and the walk-through inspection on the day before Closing Date or any other time agreeable to the parties; and the 111° survey referenced in Paragraph 10(c) by : (at least 5 days prior to Closing if left blank). ne Buyer¢/f? ) (___) and Seller, (___)} acknowledge receipt of a Copy of this page, which is Page 2 of 8 Pages. FAR-S "4/07 © 2007 Florida AssoCiation of Rea.Tors* All Rights Reserved oe Thia software is licensed to [Jean Pierre-Paul - Premier Realty ADMINISTRATIVE COMEEAINT www. transactiondeak. com. 238 Property recorded in the public records of the County where the Property is located and certified to Effective Date. 239 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed 250 Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. 251 (0 Survey: Buyer may, at Buyer's expense, have the Property suneyed and dalver written notice to Seller within § daye fom 262 On tne Ee re ate than closing, of ary encroachments on the Property, encroachments by the Property improvement 255 . MISCELLANEOUS 256 11. EFFECTIVE DATE; TIME; FORCE MAJEURE: 287 {a) Effective Date: The “Effective Date" of this Contract is the date on which the last of the parties initials or signs and 258 delivers the final offer or counteroffer. Time is of the essence for all provisions of this Contract. , 259 (b) Time: All time periods will be Computed in business days (a “business day” is every calendar day except Saturday, Sunday 260 ot aga, legal holidays). if any ceacine falls on a Saturday, Sunday or national legal holiday, perforronce wile Gene 261 next business day. All time periods will end at 5:00 p.m. local time (meaning in the county where the Property is 262 located) of the appropriate day, 263 (c) Force Majeure: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable to 264 each other for damages so long as the performance or non-performance of the obligation is delayed, caused or prevented 265 by an act of God or force majeure. An “act of God" or “force majeure” is defined as hurricanes, earthquakes, floods, fire, 268 —_ unusual transportation delays, wars, insurrections and any other cause not reasonably within the control of the Buyer or 267 Seller and which by the exercise of due diligence the non-performing party is unable in whole or in part to prevent.ar. 288 Qvercome.. All time periods, including Closing Date, willbe extended (not to exceed 30 days) for the period that the force 268 majeure or act of God is in Place. In the event that such “act of God" or “force majeure” event continues beyond the 30 270 ~— days in this sub-paragraph, either party may cancel the Contract by delivering written notice to the other and Buyer's 271 deposit shail be refunded. 272 12. NOTICES: All notices shail be in writing and will be delivered to the parties and Broker by mail, Personal delivery or electronic 273 media. Except for the notices required by Paragraph 3 of this Contract, Buyer's failure to deliver timely written notice. to 274 Seller, when such notice is required by this Contract, regarding any contingencies will render that contingency nuil and 278 void and the Contract will i i i i 277 delivered to or by that Party. 278 13. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 279 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 280 Modifications Of this Contract will not be binding unless in writing, Signed or initialed and delivered by the Party to be bound. 286 14, ASSIGNABILITY: PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 287 “Buyer,” “Seller,” and “Broker” may be singular or plural. This Contract is binding’ on the heirs, administrators, executors, 288 personal representatives and assigns (if permitted) of Buyer, Seller and Broker, - 2a5° Buyer AO (__Jand Seller 4M) {acknowledge receipt ofia:copyrof this pagepwhichis, Page's of 8 Pages. FAR-9 “4/07 © 2007 Florida Associati Feattors® All Rights Reserved’ This software is licensed to [Jean Pierre-Paul - Premier Realty i Bavese | lerdisps _transactiondesk.com. ree % rc PAGE eee er . EZ 176 inspector's written repart dealing with such items to Seller. lf Buyer fails to deliver timely written notice, Buyer waives W77 Seller's warranty and accepts the items fisted in subparagraph (a) in their “as is" conditions, except that Seller must meet 178 (3) Repair: Seller will obtain repair estimates and is obligated only to make repairs necessary to bring warranted items ~ 180 into the condition warranted, up to the Repair Limit. Seller may, within 5 days from receipt of Buyer's notice of items 181 that are not in the condition warranted, have a second inspection made by a professional inspector and will report 182 repair estimates to Buyer. if the first and second inspection reports differ and the parties cannot resolve the differences. 183 Buyer and Seiler together will choose, and equally split the cost of, a third inspector, whose written report will be 184 binding on the parties. if the cost to repair warranted items equals or is less than the Repair Limit, Seller will have the 185 repairs made in a workmanlike manner by an appropriately licensed person. If the cost to repair warranted itéms 186 exceeds the Repair Limit, either Party may cancel this Contract unless either party pays the excess or Buyer 189 (4) Permits: Seller shail close out any open permits and remedy any violation of any governmental j, includ 190 but not limited to, obtaining any required permits for improvements to the Property, up to the Permit Limit, and with final 191 inspections completed no later than 5 days prior to Closing Date. If final inspections cannot be performed due to delays 198 Buyer at closing the amount of the Permit Limit. 197 {b) Wood-Destroying Organisms: “Wood-destroying organism” means arthropod or plant life, including termites, powder-post 198 Boyer ese cuse borers and wood-decaying fung, that damages or infests seasoned wood i a stuctue, axckeine recs veg Buyer may, at Buyer's expense, have the Property inspected by a Florida-licensed Pest control business to determine the 200 crete a bast Or present wood-destroying organism infestation and damage caused by Ifestaton, ff the hepa hee 202 of the inspection if Seller previously treated the Property for the type of Ng organisms found, Seller does not have 203 rae ey Tobey again If there is no Visible ive infestation, and (i) Seller transfers to Buyer at closing a cunent a teers 204 warranty for the type of found. Otherwise, Seller will have 5 days fram receipt of the inspector's requiremi ; . 211 (c) Walk-through Inspection/Reinspection: Buyer, and/or Buyer's representative, may walk through the Property solely 212 to verify that Seller has made repairs required by this Contract, has met the Maintenance Requirement and has met 213 contractual obligations. If Buyer, and/or Buyer's representative, fails to conduct this inspection, Seller's repair obligations 214 and Maintenance Requirement will be deemed fulfilled. 9. RISK OF LOSS: if any portion of the Property is damaged by fire or other Casualty before closing and can be restored by the 216 Closing Date or within 45 days after the Closing Date to substantially the same condition as it was on Effective Date, Seller, 220 and Buyer's deposit shall be refunded, or Buyer may accept the Property “as is", and Seller will credit the deductible and 228 Ol Ga on eer: covenants, easements and restrictions of record; matters of plat: existing zoning and government regulations 228 oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume; and 230 Calo paces that Seller wil discharge at or before closing. Seller wil at least 2 days prior to closing, delver to Buyer Salers 231 each ane ofthe folowing types of ttle evicence, which must be generaly accepted inthe county whare the Property cores 232 (specify in Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County. 233 (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and 234 subject only to title exceptions set forth in this Contract. 235 (2) An existing abstract of title from a reputable and existing abstract firm (if firm Is not existing, then abstract must be 236 “hh led as correct by an SM, firm) purporting to be an accurate synopsis of the instruments affecting title to the 237" Buye (____) and Seller (___) acknowledge receipt of a Copy of this page, which is Page 4 of 8 Pages. FAR-9 4/07 © 2007 Florida Association Of REajons* All Rights Reserved nn LAINT, | This software is licensed to [Jean Pierre-Paul - Premier Realty & sb ASER ENE ROME 113 7. REAL PROPERTY DISCLOSURES: Seller represents that Seller does not know of any facts that materially affect the value 114 of the Property, including but not limited to Violations of governmental laws, rules and regulations, other than those that Buyer 115 Can readily observe or that are known by or have been disclosed to Buyer. : eo. 116 (a) Energy Efficiency: Buyer acknowledges receipt of the energy-efficiency information brochure required by Section 553.996, 117 Alorida Statutes. 118 (6) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a buliding in sufficient 128 (d) Homeowners’ Association: If membership in a homeowners’ association is mandatory, an association disclosure 130 summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL 131 BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. 192 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER’S CURRENT PROPERTY 133 TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT 1394 TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE 135 ~~ PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING . 136 VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER’S OFFICE FOR FURTHER INFORMATION. 137 (f} Mold: Mold is part of the natural environment that, when accumulated In sufficient quantities, may present health risks to 147 8. MAINTENANCE, INSPECTIONS AND REPAIR: Seller wil keep the Property in the same condition from Effective Date until 148 closing, Bee orn formal wear and tear (“Maintenance Requirement’) and repas required by this Contract. Seller will provide 181 and watertight; and that torn or missing screens and missing roof tiles will be repaired or replaced. Seller warrants that 162 all open permits will be closed out and that Seller will obtain any required permits for improvements to the Property 163 prior to Closing Date. Seller does not warrant and is not required to repair cosmetic conditions, unless the cosmetic 164 condition resuited from a defect in a warranted itern. Seller is not obligated to bring any item into compliance with 165 existing building code regulations unless necessary to repair a warranted item. "Working condition" means operating in 168 the manner in which the item was designed to operate and “cosmetic conditions" means aesthetic imperfections that 167 do not affect the working condition of the item, including pitted marcife; tears, worm spots and discoloration of floor 168 coverings/wallpapers/window treatments; nail holes, scratches, dents, scrapes, chips and caulking in bathroom 169 Ceiling/walls/flooring/tile/fixtures/mirrors: Cracked roof tiles; curling or worn shingles; and minor cracks in floor 170 tikes/windows/driveways/sidewalks/pool decks/garage and patio floors. ara (2) Professional Inspection: Buyer may, at Buyer's expense, have warranted items inspected by a person who 172 specializes in and holds an occupational license (ff required by law) to conduct home inspections or whe hakde » Forde 173 icense to repair and maintain the items inspected ("professional inspector’). Buyer must, within 5 days from the end of the 174 Inspection Period, deliver written notice of any items that are not in the condition warranted and a copy of the portion of 175" Buyer, ( ) and Seller (____) acknowledge receipt of a copy of thi age, which is 3,0f 8 Pages. FAR-9 “4/07 ©2007 Florida Association of REaLjons* Al Rights Reserved ea niaEe PR m abictis Page a0 _ This software is licensed to [Jean Pierre-Paul - Premier Realty & Invest. .Group] - tranaactiondesk.com. me Pha 296 297. a euyergl Mh } and Seller ia This software is licensed to [Jean Pierre-Paul - Premier Realty & I: Broker oe el pon demand, recive 50% ofall deposi paid and agreed to be paid to be splt equaly among Broker) up to the full ammount of the brokerage fee, (c) Mediation and Arbitration; Expenses: “Mediation” is a Process in which parties attempt to resolve a dispute by ° submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a effect of laws on the Property and transaction, status of tite, foreign investor reporting requirements, the effect of property lying Partially or totally seaward of the coastal Construction control line, etc.) and for tax, property condition, environmental and other otherwise) by Broker are based on Seller representations or public records. Buyer agrees to rely solely on Seller, professional Property wave, Govertmertal agencies for verification ofthe Property condition, square footage and facts that sestenoty ane 19. BROKERS: The licensee(s) and brokerage(s) named below are Collectively referred to as “Broker.” instruction to Closing Agent: Seller and Buyer direct Closing agent to disburse at closing the full amount of the brokerage fees as specified in separate Seller or listing broker to cooperating brokers. paeh knowledge receipt « C__j)a FAR-9 “4/07 © 2007 jation of REALTORS® Ali Rights Reserved gS 354° JEAN R. PIERRE-PAUL PREMIER REALTY AND INVESTMENT GROUP 3% 365 Selling Sales Assaciate/License No, : Salling Firn/Brokerage Fea: (§ or % of Purchase Price) 1 . 356* x 387 Listing Sales Associate/License No. Listing Firn/Brokerage jee: ($ or 9% of Purchase Price) a 358 ADDENDA AND ADDITIONAL TERMS 359 cppeabee Te OlOwng adltonal tems are nuded in the atached acdende and incorporated ino this Contact feheck 360 applicable): . : 361° A. Cando. Assn, OH. As Is w/Right to inspect Q O. Interest-Bearing Account QV. Prop. Disclosure Stmt. 362" 2 B. Homeowners’ Assn. Q |. Inspections QP. Back-up Contract QO W.FIRPTA 363" (11 C. Seller Financing Q J, Insulation Disclosure - OQ. Broker - Pers. Int. in Prop. QX 1031 364° QD. Mort. Assumption OK. Pre-1978 Housing Stmt. (LBP} C1 A. Rentals OY. Additional Clauses 365 OE. FHA Financing QL Insurance Q'S. Sale/Lease of Buyer's Property 366" (2 F. VA Financing 1M. Housing Older Persons OT. Rezoning Q Other, 367 2 G. New Mort, Rates QIN. Lease purchase/Lease option OU. Assignment OOthe 388" 21, ADDITIONAL TERMS: op SELLER WILL PAY 4% OF BUYER'S CLOSING Cost aT CLOSING 410° Buyer, ( ) and Seller { ) acknowledge receipt of a Copy of this page, which is Page 7 of. 8 Pages. FAR-9 4/07 ©2007 Florida Association of Reajons® Al Rights Reserved ‘This software is licensed to (Jean Pierre-Paul - Premier Realty & Invest. Group] www. transactiondesk.com. 420° 421° 422° 423° 424° 425° 426° 47" 428° 429" 430° 43" 432° . This software is licensed to (dean Pierre- . - This is intended to be a legally binding contract. if not fully understood, seek the advice of an attorney prior to signing. OFFER AND ACCEPTANCE : (Check if applicable: O Buyer received a written real property disclosure statement from Seller before making this Offer.) Buyer offers to purchase the on the above terms and concitions. Unless this Contract is signed by Seller and a copy delivered to Buyer no later than B50" QamG@em.on 8-2. | _O'/ | this offer willbe revoked and Buyer's ‘deposit refunded subject to clearance of funds. . COUNTER OFFER/REJECTION Q Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the of the acceptance to Seller. Unless otherwise Stated, the time for acceptance of date the counter is delivered. Q Selier rejects Buyer’s offer. ter offered terms and deliver a copy Date: Buyer: , Print name: Date: - oe 07 Buyer: eee Phone: Print name: SSS Fax: Address: E-mail: , . « Dates «$Y L-O7 -- sot Mi tao Print name: MICA JAMES ————____________MICA JAMES Date: Seller: reer Phone: Print name: - eee Fax: Address: ee eee " E-mail: y saci Fy ara carcized form should not be used in complex transactions or with extensive ders or adeilons, Ine pam i aeabate horas Der iconsaes wie are ee rok niended to deny the user as Reson, Reston isa fegtered solectve merDerae Tak hate a ey lcenseas who are members ofthe National Association of ReaLrons and who subeonte wie oe FAR araene ofthe ted States (17 U.S. Code ort the unauthorized reproduction of blank fms by any means incudng fade or computed fr FAR-9 4/07 ©2007 Florida Association of REAaLTorse All Rights Reserved . Paul - Premier Realty & Invest. Group] SPRAINS OO EXP a Sep. 8. 2007 12:41PM GERALD L1HDOR tot owing MN oe asenene U8, Departm lo, A. Settlement Statement he Urben Development 0 FHA . O Cony Unins 4, DVA . CF Selier Pinange 6. File Number, 7. Loan Number F 5. Cony ing, 6, ONelll-07-3892, TBTIORE-QY Addres: Mica James and Leonel Plerre Gerard Mortgage Corporation 1224 NE 144 Strest 1204 NE 144 Street 1100 Corporate Center Drive _ Miami, FL 33161 Minml, FL 33161 Raleigh, NC 27607 G. Property Lopation Hi, Betilement Agent Name Law Offers of Gerald J, Linder, P,A, 1851 NW 125 Avenue, Suite 420 1224 NE 144 Street Pembroke, FL 33028 Tax ID: 85-0404096 Miami; FL 3316, Place of Settlement Law Offices of Gerald J, ‘Lindor ue J. Summary of Borrower's ‘Transaction 100, Grows Amount Due from Borrower by seller In advance 408, Assexement 7) 409, Echo! property tixes 413, Bo: Amount Due to Seller 400, Amounty Paid By Or in Behalf OF Borrower 500, Reduotions ln Amount Due to Beller 201, Deposit or extnest mon: ___. $01, Broess Depos 202, Principal amount of new Jonn(s) |___#918,000.00 | $02, Seutlentent 200.00: | $02, Settlement Charge s to Beller Beliet (line 1400) 1400) | 314,794.45 203, Bxisting lonn(s) taken subject tp ey Exlsting Loan(s) Taken Subjeot to 204, Loan Amount 2nd Lien 504,_Bchevarrts CoditisgtSiawintski $255,054.46 208. 505. Mary Jo Rivero $5,000.00 206, 506. 207, 208. Adjustments for treme ungald by seller 210, City property taxes 94/01/07 thru 08/31/07 Adjustments for Itemr unpald by ellar 211, County propery taxor $3,639.87 | $10." City pronerty twace 01/01/07 tht 08/3 1707 83,699.87 $11, County property taxes 212. Arsossment Taxes | 1512, Atsearmnt Texoe 243. School property taxes i . 513. School property taxes 214, HOA Duea : 514, HOA Dute 215. Misc, Prorations 248, . 515, Miso, Prorations 216, Sellers Contbution XEN 2i7, [a 215, [Ti , 220, Total Paid By/For Borrow $326,099.87 Reduction Amount Due Baller 738 300, Cath At Gottiement RronvTo Harvower 6 ‘This sgency may not collect thiy information, and you wre not required to Scutrontly valid OMB control number, not lend jizelf to titi * Page 1 ae landbook 4305, COMPLAING tae ey 7 i PueSep. §. 2007 TO41PH GERALD LiKDOR Ex ab 2 No.7423 Pp. 3 809. Tax Service Fee 510: Administrative Fee to First American Real Estate Tax Services $78.09 t0_Wachovin Martga je Corporation $630.00 Bll. Flood Certification Fee fo_ First Amerienn Flood Data Serviees £12, Procewing Fee to _JR Mortes : $450.00 213. Bxpreat Mail fo JR Mortgages $45.00 B14. Mortgage Broker Fes jo JR Mortgages. 86,500.00 500, Itemy Required b Lender To Be Paid In Advance S01, Interest from 8/34/2007 to 9/1/2007 _@'363,05 faa 302. Mortgage Ing Premium for jaouihe to : eT 903, Hazard Ins Pretaium for_yoars 4o_Citizens Property Insurance $04. Flood Insuranoe Premium io UB Becurity Insurance 1000, Reserveu Deposited With Juender 1001, Hazard insurance 41101, Betlement ry closing fee to Law Offices of Gerald J. Lindar 1102, Abstract or title search $o_Law Officer of Gerald J. Lindor 1103. Title exniningtion to _Law Offices of Gecald J, Lindor £104, Title Inupanee binder to : 1105, Document ration jo_Law Offices of Gerald J. Lindor 1106, Notary feoy L107, Attomey’s for 3 (inaiudes above items pumbers: 1108. Tite theurenee 4o_Attorneys Title Insurane Fund, Incr [a $1,850.00 | inoludes above items Aumbors: ) 1109, Lender's coverage 3315,000,00/878.00 » liio, Owner's cove pe _$350,000,00/8: 825,00 JU. Floride Form 9 Endorsement Fey fo_ Law Offices of Gerald J, Lindor 1112, ALTA 61 Endorsement Fee $186.00 to_ Law Omices of Gerald J, Lindor $75.00 Alia, Revertification Fee to Law Offless of Gerald J. Lindor 5178.00 1200, Government Resording snd ‘Transfer Charges 201, Reooring Foor Deed 1 Mart 1202, City/sounty taxi $640,00 $1,102.50 SU Bt 2 Sep. 4. 2007 8:57AMDy GERALD LTNDOR No.7303 P. 3 Date llr form, Ponwlioy open 9 oe Unda q bonviotion For detais see: Tite 18 Us, Code Bestion Previous Editions ure Obsolete form HUD-I (3/h6) 4305.2 YaST RAT WE COMPLAINT. ALVIN ne eXeiBIT 4¢2-__—— * cage 2 OF U-|YS~

Docket for Case No: 10-000656PL