10-405 STATE OF FLORIDA Uy , é &y DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI fo FLORIDA REAL ESTATE COMMISSION Von he £2 lhe! Oe /. Aipife: FLORIDA DEPARTMENT OF BUSINESS ‘ pp Oe % AND PROFESSIONAL REGULATION, Nedli, DIVISION OF REAL ESTATE, € Petitioner, v. DBPR Case NO. 2008039256 2008039261 PATRICIA P. O’BRIEN AND SHAMROCK REALTY CORP., Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Patricia P. O’Brien and Shamrock Realty Corp. (“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 Patricia P. O’Brien is and was at all times material hereto a licensed Florida real estate broker, issued H:\ac\o'brien.doc FDBPR v. Patricia P. O’Brien Case No. 2008039256 Administrative Complaint license number 3008316 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an inactive broker at 3000 Nw 59° Street, Ft. Lauderdale, Florida 33309. 3. Respondent Shamrock Realty Corp. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1024594 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 4495 S. Atlantic Avenue N. #302, New Smyrna Beach, Florida 32169. 4. At all times material hereto, Respondent Patricia P. O’Brien was licensed and operating as qualifying broker and officer of Respondent Shamrock Realty Corp. 5. On or about November 3, 2007, Respondents on behalf of Brett & Holly Beavers (Buyers) brokered the sale and purchase of a property owned by Gisela Flesh (Seller) located at 735 Wingo Street, Orlando, FL 32803 for $145,000, contingent on Buyer obtaining financing. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. On or about November 3, 2007, Respondents, as escrow agents, received from Buyer a $1,000 deposit for the purchase of the Subject Property. A copy of the deposit is attached hereto and H:\ac\o'brien.doc 2 FDBPR v. Patricia P. O’Brien Case No. 2008039256 Administrative Complaint incorporated herein as Administrative Complaint Exhibit 2. 7. On or about November 19, 2007, Respondents received notice that financing was denied to Buyer for the purchase of the Subject Property. A copy of the notice is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 8. On or about November 29, 2007, Respondent received notice to release escrow funds to Seller. A copy of the notice is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 9. On or about November 30, 2007, Respondent gave notice to Seller canceling the contract for the purchase of the Subject Property. A copy of the notice is attached hereto and incorporated herein as Administrative Complaint Exhibit 5. 10. On or about November 30, 2007, Respondent gave notice to Seller that Buyer was claiming entitlement to the $1,000 deposit held in escrow by Respondent. A copy of the notice is attached hereto and incorporated herein as Administrative Complaint Exhibit 6. 11. On or about July 28, 2008, Respondent gave notice to the Florida Real Estate Commission of receiving conflicting demands for funds held in escrow for the purchase of the Subject Property. A copy of the notice is attached hereto and incorporated herein as Hi\ac\o'brien.doc 3 FDBPR v. Patricia P. O’Brien Case No. 2008039256 Administrative Complaint Administrative Complaint Exhibit 7. 12. On or about October 14, 2008, the Commission issued an Escrow Disbursement Order for the funds to be disbursed to the Buyer. A copy of the Escrow Disbursement Order is attached hereto and incorporated herein as Administrative Complaint Exhibit 8. COUNT ONE Based upon the foregoing, Respondent Patricia P. O’Brien is guilty of failure to provide written notification to the Commission within fifteen business days of the last party’s demand and failure to institute one of the settlement procedures as set forth in Section 475.25(1)(d)1., Florida Statutes, within thirty business days after the last demand in violation of Rule 6172-10.032(1) (a) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent Shamrock Realty Inc. is guilty of failure to provide written notification to the Commission within fifteen business days of the last party’s demand and failure to institute one of the settlement procedures as set forth in Section 475.25(1)(d)1., Florida Statutes, within thirty business days after the last demand in violation of Rule 6172-10.032(1) (a) Hi\aclo'brien.doc 4 FDBPR v. Patricia P. O’Brien Case No. 2008039256 Administrative Complaint of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent (s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $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 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, H.\ac\o'brien.doc 3 FDBPR v. Patricia P. O’Brien Case No. 2008039256 Administrative Complaint 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 6172-24.001. — Signed this S day of Ounce ___, 2009. ATTORNEY FOR PETITIONER (ae Patrick James Cunningham Senior Attorney Florida Bar No. 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 BOF PRONESS: Dndslon. of Red /k PCP: RF/JDR 5/09 H:\ac\o'brien.doc 6 FDBPR v. Patricia P. O’Brien Case No. 2008039256 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.\aclo'brien.doc 7 2007-11-04 0844 QRyqraeys ee Az o5* “T 7 er 89 co DERRICKRADFORD 4076786723>> 14072646630 P ito (0) Street address, cy, zip, of the Propenty:_Z: . [c) Personal Property includes existing ranges, refrigerator), dietwashertel, coding fants). ght fedre(al. and window theaterdfcp undone ‘Spacticaly exchided balow, Other tere inctuded are: rr fname of Persone Property (and leased itame, ¥ any) excluded are: _Giothes Wesher and Oryet fat Dancet hed in exc Adan} in the amount of hacks sutiect wo ceaancn §6=$_____ 1,000.00 (60) Adcitionel eecrow demoed to be made to Eactow Agent witwn ayn utter Paxeve (Gael Paragraph i bt Wer mMOUTTL Oe eee tenes before . fhe depont(s} wil, ft Guyer’s option, be retuned and this offer withdrawn. UNLESS OTH. EWIST STATED, THE THAE FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL GE 2 DAYS FROM THE OATE THE COUN- TEROFFER If DELIVERED, tht Tre ciate 41 Contras HF Hoe cthen Lottes"t weit te The date when The ‘ast one ot the Buyer and Seller has signed or fridived this offer or the tra counterster such date is not otherwise sel forth in this Contract. then the “Effective Oate” shell be the date detarrined above for SCCOENCE Of LNs Offér or, Il appicanie, Ihe Rina countiar- : 1 FINANCING: a This f¢ 8 cash transaction with no contingencies for fencing, {0} This Contract ls Contingent on Buyer obtaining Of 8 loan ("Loan Approval") within 30 _ deye (? blerrk, then 80 days) afler Effactive Date (Loan Approval Date?) for (CHECK ONLY ONE}: U a fired: of en K OF 2a fed or adlustable rate loan, In thé grit Spat grou of 8_AE SOR, ow wie rere rats rot wo wand Gee, dace end eeon fn ek eed gency. (nen either party ray canoe! ins Contract by deivenna wetten notice 'Ganceltion Norice’ to the other, rat later than seven (7) diya Gice ty Glosing. Sete’s Cancellation Movcg must stale that Guvar faa thee 1Y days to datver te Seller wellien notice winking thes Mo UWL EVIDENCE: Atleast 5 clays (blank, thon 5 davel before Cider 9 title maurarice Gommetmant with legible copies of ingte uments: i dino by (CHECK ONLY ONE} 1) Seer at Salary axpaneg and delivered to. Buyer Or Huyer’s altar ciey, oF AG Ehotet ot ayers sapere 3) (CHECK HERE: Ui Wan aberact of Wie is tobe furniened systemic of tite inguvance, anc ertach sider tor terre, oc before, Vt CLOSING MATE Ink transacting sta he ringer andl tha cinking rineimonis cnkvered 42MIN? er ncing teas: moxitied by other provisions of thie Confeact, # Buyer (9 unable to obtain Hazard, Wind, Flood. or Hameawmers' insurance at a magonanie mate cre Tr ewtrenine WEHIEYT CONGHONS, Guyer may delay Giomng for up to § days alter such coverige Dacomes iuadebis. Vil. RESTRIC TIONG; EASEMENTS; LIMITATIONS: Seller shal convey marketable tile subject to: Comprehensive lard wea plane, zoning, teatriction, prohibitions and ether requiramienta impased by governmental cuter. restrictions ond mutters necouring on the pit oF ctiorwiac FARYOAR-73 Flew 704 © 2008 Fonts Ampoctalion of Fanices" and The Florga Bar ANROhS Recenven Page} gt 4 ADMINISTRATIVE COMPLAINT Lidvthet testa titececeececeae . $i. 0.00 2007-11-04 08:44 DERRICKRADFORD 4076786729>> 14072646630 P2ito commen to the subdivision; outstanding of gas and mmeral nghts of record without right of entry; unplatted public utility casernenits of record flecated contiguous to real property fines ancl not more than 10 feet in width as to the rear or front nes and ? 1/2 feet in width as ta the side imesh; taxes for year of Closing and subeaquer years; and assumed mortgages and purchase money mongages, if any {f additional tems. see addendum): provided, that there exisis at Closing no violation of the foregoing and none prevent use of the Property for Purpasa(s). via, OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at tme ot Gosng unless otherwise stated herein. {f Property is intended to De rented or occupied beyond Closing, tha fact and terms thereof and the tanant(s) or occupants shail be disclosed pursuant to Standard F. Hoceupancy is 10 be delivered before Clogmg, Buyer assumes al risks of lass to Property from date of occupancy, shell be responeitie and ladle for mamtenance from that date, and shell be deemed to have accepted Froperty in ts existing condition as of time of taking occupancy. 1X TYPEWRITTEN OR HANDWRITTEN PROVISKONS: Typewntien or handwritten provisions. riders and addenda shal control all printed pro- visions of this Contract in conflict with them. x ASSIGNARIUTY: (CHECK ONLY ONE): Buyer U1 may assign and therahy be released ftom any further fiabiity under this Contract: Wd may aaeigh but not be released from fabiity under this Contract; or @may not assign this Conteact. XL. OSCLOSURES: @) 4 CHECK HERE if the Property is subject to a special asseasmerd fen wnpasad by a public body payable in instalments which continue beyond Closing and. if 30, spacity who shall pay amounts due after Closing: 2 Seller 2 Buyer Li Other ise addendum). (0), Radon is a naturally occurnng radioactive gas that when accumulated in a building in sufficient quantities may present health naks to per- sons who are expasad to it over te. Levels of radon that exceed federal and state quidelines have been found in buddings in Florieia. Additional information sagarcing radon or radon testing may be obtained from your County Pubke Health unit, (6) Maid is naturally occurring and mey cause health risks or damage fo property. tt Guyer m concamed or dasres additionat intormutexr fagarding mold, Buyer should contact an appropriate professional. () Buyer acknowledges receipt of the Florida Energy-Efficiency Rating information Brochure required by Section 553.998, F.S. (6) the real property includes pre-1978 residential housing then a tead-based paint rider is mancktory. (0) it Salier is. a “foreign person” as defined by the Forgign investment in Real Property Tax Act, the parties sna compty with that Act. ) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMBOWN@RS' ASSOCIA. TION/COMMUNITY DISCLOSURE. SASAIAZTAYASSSTRSLSRS 2 {hy PROMERTY TAX DISCLOSURE SUMMARY BUYER SHOULD NU! RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO AY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES, IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPEATY APPRAISER'S OFFICE FOR INFORMATION. ti. MAGMUM REPAIR COSTS: Seller shail not be responsitie for payments in excess of: (2) $_——---250.00 for treatment and repair under Standard D (if blank, then 1.5% of tha Purchase Price). ©) §. 250.00 for repaw and replacement under Standard N not caused by Wood Destraying Organisms (plank, then 1.5% of the Purchase Price, 96° Xtlt, HOME WARRANTY: “1 Solier LI Buyer 1 N/A will pay fora home warranty plan issued by. 96" at a Cost not to exceed $__ ae 97 XIV, RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and marie part of this Contract: 98° CONDOMINIUM ‘VAFHA 's HOMEOWNERS! ASSN, 12 LEAD. BASED PAINT La COASTAL CONSTRUCTION CONTROL LINE PRESS SASIEREER gar WINSULATION LS "AS IS” .f Other Comprchensive Rider Prowsions wf’Addenda 100° = Special Clausats}: TOWARDS BUYERS CLOSING COSTS AND tor toa" 10s" 104 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS (“Gtandarde"}: Buyer and Soler acknowledge recart of a copy of Standards A 105 through Y on the reverse side or attached, which are incorporated as part of this Contract, 106 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, 107 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 108 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR. 106 Approval dues not constitute an opinvon that any of the terms and conditions in this Contract should be accepted by the parting itt a: 110 particular transaction. Terms and conditions should be negotiated based upon the respective imerests, objectives and bargaining Mt Positions of all interested persons. 1t2 AN ASTERISK(") FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMP(£TF Ae a (ict fel Lae Hook A shop {OATES RY 3s AEF BOE. Wfefel 116 (AUIVER) (ATE) GELLER (DATE) 117* Buyers’ acidress for pumposes of notice ONE DONOANVILLE RO Seters® wares for purposes of notice 954 $ Orlendn Ave 11a" ST AUGUSTINE FL 32080 . Winter Park Fl, 22789. ree (004).474-0719 Bhewne (4071629.6330 . Phen 120 BROKERS: {he brokers (including cooperating brokers. if uny) named below ar@ the only brokers entitled to compensation in connection witht 121 this Contract: tr Name: TY REMAX 200 REALTY 123 Cooperating Brokers, if any Listing Broker , FARVGAR-7s Cex. 7 2004 Florida Association of Faealranet and The Fonda Reserved Page 2a é ‘ : SATE COMPLAINT / 2007-1104 08:45 DERRICKRADFORD 4076786729>> 14072646630 P 3/0 187 tau 197 197 STANDARDS FOR REAL ESTATE TRANSACTIONS A. TITLE INSURANCE: Tha Tile Commitment shal ba issued by a Movida icansad title insurer agraeng fa sua Busy, union recording of tha dead to Bug. a ‘owner's paiky of tite insuranos én tha amount of the purchase onde. neunig Guyer’ marketable tiie to the Real Property, subject only 10 Matters Containad #1 Paragranh Vii andl those 10 be dischargad by Seller af or betore Closing. Marketable 1a shai be determined according to applicable Tite Standards adopted by authority of the Flonds Gar and m accordance with law. Buyer shal have S days from date of recaiving the Tile Commatment to axiitirte «, andl file i fone dotec ive, natity Seller In wring specifying dalectis) which rancer file unmaratatae, Sear shall have 30 days from receipt of noting tp remowg Whe Gefacts, tdi hina Buyer shal, valhen 5 days after expiration of the 30 day Qeriod. Gelver witian notice to Seliee ener: (11 exdencing the time for a reasoneble penod nol tc exceed 120 days wihin which Seller shal use diligent effort to remove the defacts: oF (2) raquantitg a rafund Of danoadial pax! which shal be returned to Buyer. tf Buyar fails 10 $0 Nolfy Sefer, Buyer shall be deemed to have accepted the tie as x than is. Selly shall, If trig 18 found unmarkatanle. use odigAm Affon to Comact defects) withiy tha tine provided. It, after cligant afiort, Sellar ig Unie to tinely Comec! ihe defects, Huyer shal ether ware fhe detects, oF revere a netund of Generis), theraty relmasing Buys atid Galle from alt further obligations under this Contract. if Sefer is to provide the Tite Comrmtment and 4 is doivared to Guyer fase than § days pnor 10 Glosng, Buyer may extend Closing so that Buyer shal have up fo $ days frorn data of recespt 1o exaning same in ancantance wilh (iis Siandard, @. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money morigage and mortgage note to Seter gral provide ior 6. 3) ditty grit natind] in the evant of detaud it g fral morgage and a 15 day grace period if a second of lesser mortgage, shal provide for ngbt of prepayment un whede oF ith Del without penalty; shet permit acceleration in event of transter of ihe Real Property: shall require all prior kens and encumbrances to be kept mm good standmg. shat foto! modifications of, or future advances under, prior martgage(s shalt raqure Buyor fo mantain polices of insurance containing a standard mortgagee clause covering a improvements located on tne Real Property against fre and all pevits Included within the tem “extended coverage endorsements” and such other ngkg and Oeris ae Seler may raasonably requie, in an amount equal te thely highest insurable value; and the mortgage, note and security agreement shat be otherase in form and contant required by Salar, but Salley may only require Clause and average cuintomandy found in mart- GOgeS, Morigage notes and sécutty agreements generally ulilzad by Savings and Inan institutions or ylala or national banks lovaled in Ihe County wherein the Real Property is located. All Personal Property and ihaswe bewig cunvAyad or agmgned wil, at Seller's option, be sudyect to the fen of a security apreement ev: Ganced by recorded or flad Inancing elatements or Certhceles of die. ff a balioan mortgage. the final paymant will excasd the periodic payments thereon, C. SURVEY: Buyer, at Buyers expense. within time allowed (o denver encence of titla and to exartine sama, may Rave the Regt Property surveyed and cartfiad oy 9 registered Novia surveyor. ff tha survey discloses encroachments an the Real ropety cr thal innqeovem ignite lojgtend Wnernext angsenacn (rs Sedtiik atta, 6258: ments, lands of others of vidlata any restdctions, Contract cavenanis or appicable governmental ragulabory, the sumne staal Gueutitiae 9 hig dlaterd. D, WOOD DESTROYING ORGANISMS: “Wood Destroying Orgarvsms” (00) shal be deamed 10 inclulle al wood destroying organiems sequined to be report ed under the Floricia Siructural Past Control Act, as amended. Buyer, at Buyer's expanse, may hava the Prnerty manactad by aMonda Certhed Peal Control Operator (‘Operator’) wihin 20. days alter the Effective Date to deterine # thene any viitie active WOO Infestation or viable camage korn WDO infasiation, excluding fences. {1 ater or Gott 409 fouind, Buyer may within said 20 days (11 have cost of treatment of ackve infaslatan estimated by the Opanttor: (2) nave ait damage inapacted J and Guat OF nazar Agtinaled by an appronmalety Soansed! contractor: and (i) apart sual) Gostts) £9 Seler in wring. Sefer snail cauga the Iealment and repar of al WOO danuqye to ba made anc pay the costs thersof up to the asnount proved in Paragraph Xia). i eatmated costs amceed tat around. Buyit rel Neve Utne Cention of canceling this Contract by ghing written notice to Sefer witnin 20 dire after the Effective Date, or Buyer may elect io piuceud wah Bie Irangachoes 6a feceive a credit af Cinging equal to the amount provided in Paragraph Xia). ! luyer’s lender requrés an uadated WOO rentet, ther Buyer oh, ot Fkryte's ampere, awe the opportunity to have the Propeny re-inspected for WOO infestation and have the cost of aciwe infestation or new damage estimated and reported t¢ Setier 10 fling at laast 10 days prior to Closing, and theraaiter, Selar shall cause such treaiment and repair to be made and pay the cost tharadt; prowded. Sotar's 1atat Oba aLION lar LAGI GAC reper CASS raquimd under bofh Ine first aNd second inspection ehall nal excasd the amuunt provided in Paragrapin XN {a}. &. INGRESS AND EGRESS: Saler warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described wn Paragraph Vil hareot and ttle to the Real Property is insurable in accordance with Standard A without exception for lack of legal right of access. fF LEASES: Setar shail a1 least 1U days before Coting, furmsh to Guyer copies of all wutten leases and astappel laters from each tena specifying the nature and dation of Ihe tenanly ocounanicy, rental rates, chanced rent and securily depos paid by tenant. Seller 6 unable la oblam such fetlar from each tat ant. the gatrg ilgemalon etad te furnished uy Seller 16 Buyer within thal tne pened in the dunt of a Salier’s aifidavd, ana Buyar may thaeatter contact ten an! 10 confirm such information 1 the terms of ine lenses differ materelly from Seker's representations, Buyer may termunyte this Contract by daiveeig written nouce to Seller at least 5 days prior to Closing. Seller shail, at Closing, deliver and aasgn all ongiriat teases fo Guyer. G. LIENS: Geller shal furnish to Buyer at time of Closing an affidavit attesting to the soeence, unless otherwise provicied for here, of any fingrgang staleren. claens Of Wan oF POKeNtal fenors Known to Seller and further attasiing that thare have been no wnproverness OF repaira 10 the real Property for 90 days mune italy preceding date af Closing. if the Raat Property nas heen mnproved of raparred witha that tine, Geller anal Géliver ruleases or warvers of constryctiOn hens executed Gy all pereral contcictors. subcuntractors. suppises and materiaimien in addition to Seller's hen aficdawil setting forth the names of Al Such gan eral Contractors, subcontractors, suppliers and matenaimen, furttier gftirming thet al charges for improvements of recurs whch Could serve a a basis for a construction fan or a chim for damages have been paid or will be paid at the Closing of this Contract. 1. PLACE OF CLOSING: Closing shal b¢ ned in tne County wheres Ine Flea Property ¢ focated at the office of the attomey or other clesing agent (‘Closing Agent": designated by the party paying for tine ingurance, of, f no tie ingurance, designated oy Seller, 1 TIME: In campuaing tee penods of tess than 9x (6) days, Saturdays. Sundays and étate or cations! lege! holidays ahall ba axckied. Any fima parkxis provided fee herain wiech teat and ont a Saturady, Sunday, oF a Jaga! hokday shal extend to 5:00 p.m, of the next busness day. Time ig of the exsance in thie Contract, J. CLOSING DOCUMENTS: Sele shal fumiah ine deed. DA of sale, certiicate of tile, Construchon len affickwd. owner's pansasson aficam assignmonts of leases. tenant and mortgagan estoppel lelters and covactive instruments. Buyer shall fumish mortgage. mortgage note. secunty agraymant and financing sialamenis. I. EXPENSES: Documentary slanipis on [ne dead and recording of coractive insirumenis shal be paid by Seller. Al Gants at Guyar's loan (whether obtained from Setter or third party], mckxing. bul hot kmiad to, COCUMANLITy SIAMpS And NLaNGIDIE ax Of the puetchage money murigage and any Mortgage assumed. enorigages title «surance commilment wth malatad feas, and recording of purchase money mortgage (o Seller. dead an financing slalements shal be Gad Dy Eruyas. Uniegs olhanwise provided by law ur ndar to this Contract, chargas for the following retsied tite servces, namuty bila evidence, titla examination, and closing 190 Grcluding preparation of closing statement), stuil us paid by the party responsive far furnishing the title evdence in accuraance wath Paragrapit V. 1. PRORATIONS; CREDITS: Taxes, ssesemens, rent, imerest. ngurpnicg ancl other anyances af the Property shal be prorated thaugh the day Hetora Closing. Buyer shall have the apton of laking over exiing pokers of insurance, # assumabie, in whch evant pramaums snal be prorated, Cash at Closing shall ba tncreased or decreaged as may be raquired by prorationa 16 be made through day pror tu Clog. or occuBaACY. I occuRINcy nccUn mone Casing. Avance rent and security deposits wal be cracitad fo Buys. Cacrow deposts held by mortgagee wal hw crated to Seller, Taxes shal be pronvlett banwd on ihe curret year’s fax with dua aflowance made for maumum alowable dlscoun, homestead ard! otter exemphona. # Clogng occurs at A cata when tha cutrent yeOrs Ml aga 'S nol fixed and curren! years assasernant Is avaiable, lanes wil be prorated batk! wan such agsogement anc phor year rraflaye, I Curent yeOrs GSES: men! is nat avalable, then taxes wil be prorated on prior year's tax, H thete ate completed mmotowémnants on the Real Property by dihatry Tal al year of Goan, which inngravenanes were NOt in ekistence on Janay 1st of por year, ther taxes shall be panraled basad upon pnor year's rrvlage and al an equitable assess: Seman Hs bras engin ATS Cansei tla peti Relay eeteatn Ceatedes etait ob con de nett, Qiong antg My ede die arn intent SARAR PARAL IRMA SE scouunt avaiabla axemiptions, A tax proralin based an on estimate shall, at requae! of either party. be readusted upun meaipt of current yeer's tar hil. M. SPECIAL ASSESSMENT LIENS: Exceot os sel forin in Paragrann Xila, certdlad, confirmed and rahfigd spacial assessment Kens mpNsad by pubks bad 106 26 of Chyung are to bo paid by Seer. Fencing fare as of Cloking shal! be assur by Biya. ¥ the mprovement nes been substanliaty comoleted af Cttective Dale. ary pending hen anall be conuderad cartiled, confemed or raliied ett Saar shall, at Closing, be chergad an amount equal 10 the lust Getimnate Of aygesumant for the improvement by the pubic bady. FARVBAR-7@ «Rev 7/04 2004 Flonda Assoouthon af ReaLtons” and The Ronde fer AN Rights Reserved Page Sat 4 COMPLAINT EG 2007-14-04 08:46 DERRICKRADFORD ==» 4076786729>> 14072646630 pala 199 N, INSPECTION AND REPAIR: Sater warrants thal the ceing. roof fnciuing the fascia and softs), exterior and interior wales, joundation, ang dockage af 200 the Property 00 not nave any vaible evidence of leaks, water damage, or structural damage and that the septic teri, pool, all apniiances, mechanical teres, 201 heating, cooing, electrical, plumbing syctomes, and machnery are at Worlung Condien, The foragong warranty shall be ferme to the items scecited unless 208 ‘Tap .W he Chet for such rapale Or eapleceerard Bxcaants tie arias gnovioed wt Paragraph XA tl, Euyer or Seer may eet! 10 pery auc excas, lang lec ze aather party may cancel thé Contract i Soller fs urtable to conect the defects prior ta Closing, the cos! thereof shal be pard mito escrow at Closing, For pur 2% Roses of this Contract: {1) “Working Condition” means operating in the manner in which the ern was designed to operate; (2) *Casmetic Condition" means au GssINGtE MpertectOns Mat Oo he affect tha Walang Cohciion of the dem, Achat, Lad uit Mnided! (a: lad mirc Or ther OOOH friend: MueSiNG Or Kort 212 Serene: fogged windows. YeWVA. worn S7018. O ClaCoOrAON Of yor COWEN. wethieDet, OF amdOW IrdetIert, Ml Hos, sGruches, GOES, Sani, Chap ag or Caudking 1 Canoe, wall, Bourg, lurid, OF MTORR. Endl muno CrACKS in Irs, Hes, windows, Chveways, Sdewalke, OF NOI Gackr: and (4 cracker Mint a4 Wes, curing or wort singles, or fitted eal Ra shi Act be conkidéred defects Saller must raeir oF replace, 00 kang as there is n9 evidence al aeclicd take 219 Or leakage or structural damage, bul missng tes wil be Soller’s responsibaty to renkace or rape 216 @. RISK QF LOBS: 1 the Property 1s damaged by fra or other casualty bela Goang and cust of aatoralion does ne enced 15% ol Ihe Purchase Pree, cost au of rastoratlon shal be an abligation of Sefer and Ciosing anal proceed pausuant to Ihe terms ut this Circ! wath reslerahon CUsts excraaed at Closing, 28 Cost of restoration exceeds 1.5% of the Purchase Price. Buyer shall ether take the Property as is, together with elther the 1.5% or any inswance proceeds 219 Dayable by vitua of such fase or damage, of raceiva a retund of deposits), theraty rseasing Buyer ant Sallr Gem all futher cbigations uncer ins Canwact 220 P. CLOGING PROCEDURE: The dad stl be recorded! uson clearance of funds. he lite agent indures aceree matters ours Io Sacien 62/./Ra1. FS, 238 Subject to the escrow, unlegs euch miadelivry Is due fo willl began oF fw prion ol Hiss Contact or grasa negigence of Agent. 299 R. ATTORNEY'S FEES; COSTE: in ony aganon, cluding breach, avorcament ar mtermretation. arena out Of lg Contra, he Prawn pariy a Auth fi 240 gation. whch, lor purposas of this Standard, shalt wnelucda Sater, Buyer and any brokers auting in agency oF nonagency rekelotetips suthonzed by Chapter at 4/8, FS. 2 amended. shall by eniitad Ie recover turn the non-preveling party reasgnable attorney's fees. costs and expences. 242 Oo PAILURE OF PERFORMANCE: (Buyer lass ta pertamn ines Contract att the tee spectied, nckxing paymont of of deposits, the deposits} pad by 253 U. CONMENAMICE: Sato shalt convoy mavkatatia tia to the Baal Proverly by Biahvtory warenty, rustoe's, Dercorsl represertaives, or quarén’s dood, 2 254 Bopropriia to tha status Of Sater, sutyect arty to matters carding Pariigegh Vi int those ctherwise accapted by Buyec Personal Property shal, gt the 256 rex eel | Hyer by ransiared by ar awoke bl of dp with waranty ol tle. yubWCE ony to Such matters as may ba otherwise provided tor herein. 288 ¥. OTHER AGREEMENTS: No anu or resent agranrmas oF canemariations ate he binding upon Buyer oF Seller unless included in this Contract. No mad- 67 Kicanon to OF change i thie Cartract stull Ue vay or tantkig UpUn the partiey Unless in weing ond executed by the parties intended to be bound by t. W. SELLER DISCLOSURE: Thore are no facts known to Stier materialy affecting the value of the Property which are nck realy observable by Buyer or whch X. PROPERTY MAINTENANCE: PROPERTY ACCESS; REPAIR STANDARDS: ASSIGNMENT OF CONTRACTS AND WARRANTIES; Sefer shat main- Inching, but not frited to lawn, shrubbery, and poo! in the conditan exsting as of Efective Date, ordinary wear and taar excerted, Seler shal. upon reasonable notice, provide utlties service and access 10 the Property for apprassal and mepections. including a Wak through prior to Closing, 40 refs g z il i in accordance wiih off reauiramients a kaw, aK) atl GOnRSt Of matenais or itams ol quality, value, capacity and partormance comparable to. or better than, Jak movting on of lbw Efwotive Date. Cation wid Wang Of DadyOOlG repr Gnd Waatmont COIET HnKt wermMHIAA lo Baye a Cvmng ¥. 1001 EXCHANGE: if emer Seow or Buy west Ic entar info i kg kind exchange ieither simtutaneaus wth Closing oF deferad) with esinact to the Properly under Section 1031 of the internal Revenue Code Exchange’ the other pany shall cooperate in ail neagonabie respects tn efuciiate the Exchange, wicud 1ng {he execution of dacumanis: providedt (1) the cooperating party shal incur no fabvity oF expense releled to the Exchango and {2} the Closng shall nol be Contingent upon, nor edendad or deleyad by, auch Exchad qu. BASHA FSS is 3 FARQARL7s Rev 714 ©2004 Florida Association ul Rratuay? afd Ine Floca Bar Al Rights Reserved Page 4 of 4 2007-1104 08:47 DERRICKRADFORD 4076786729>> 14072646630 P5/10 DISCLOSURES LATENT DEFECTS: Seller specically acknowledges and understands thal where Seller knows of facts materially affecting tha value or desirability of the Property, where said facts are or nat readily observable, then Seller is vrider a duty to disclose said facts to the Buyer and to the Broker. if Seller knows of said facts, Seller shall set them forth in wriing under the “Special Clause” provision below or by waitien document and presented to the Buyer prior to execution of the Contract for Sate and Purchase. Seller has fuly revigwed the Contract for Sale and Purchase and the internation relative to seid Property (ae show in the fasting information and/or te attached fisting Information sheet} and Saber warrant, to the best of Seller's knowledge, tha accuracy of said information. SeXer agrees to indemnify and hold harmless Broker and those relying thereon from damages resullnng froma te inaccuracy of said information and from Sellers falure to disclose any facts materiaty affecting the value or desirability of property. Special Clauses: STORM DISCLOSURE: THIS IS A DISCLOSURE OF SELLERS) KNOWLEDGE OF THE CONDITION OF THE PROPERTY RESULTING FROM DAMAGE CAUSED BY RECENT HURRICANE OR STORM ACTIVITY ANO IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE BUYER MAY WISH TO OBTAIN. NEITHER THIS DISCLOSURE NOR ANY PREVIOUS DISCLOSURES MACE BY SELLER(S) ARE A WARRANTY OF ANY KIND BY THE SELLERIS) OR A WARRANTY OR REPRESENTATION BY THE LISTING BROKER, T SEGING DROKER, OR THEIR REPRESENTATIVES. /________ Sellers UNAWARE of any Hurricane / Storm Damage to any portion of the Property occurring on or after ‘August 13, 2004. Should Seller or Buyer discover any such darnage before ar after closing, Seller will fuly cooperate with Buyer. both before and after closing, in fiing claims agains! any table insurance companies. Seller acknowledges thal any such insurance proceeds will be for the benefit of the Buyer, and Sever wil endorse the Insurance check(s} accordingly. i Seller is AWARE of Hurricane / Storm Damage occummig 10 the Property on or aflar August 13, 2004, but has NOT received any ineurance compensation, Seller wil fully cooperate with Buyer, both before and after clasing, in fling claims against any fable insurance companies. Seller acknowledges that any such insurance proceeds wil be for the benefit of the Buyer, and Seller wil endorse the insurance check(s) accordingly. a nen | ___, ___ Seller 5 AWARE of Hurricane / Storm Damage occurring to the Property on or after August 13, 2004. Seller has fled aii avetiable claims agains! ineurance compenies and HAS RECEIVED ail available compensation. Seler has received insurance compensation totaling $ and a deductitie of $ was considered. The Seller has spent$__ on Florida, Additonal information regarding radon and radon testing may be obtained from your county health department. BUYER'S EXPENS 6 complete e established for BUIL PECTION as described in “BUILDING INSPECTION’ paragraph herein. BUYER [Initial ONE}: Desires Tasing = “_ziy)__ Fe) Waives Testing SELLER'S DISCLOSURE STATEMENT: This offer is contingent upon Seller completing, signing and returning to Buyer the attached Sofers Disclosure Statement on or before Saller’s acceptance of this offer. I the Seller's Disclosure Statement discloses any material information about the property which Is not acceptable to the Buyer, then within 3 days from Buyer's racelpi of the Sellers Disclosure Statement, Buyer may lemminaia this Contract for Sale and Purchase and receive a retum of all deposits by delivering written notice of termination to Seller, : It is fully understood that any latent or non-observable be disclosed by the Seller to the Buyar. REMAX Town & County Realty, Ri sai Neve RENDER TO ON OF ‘ Ri I Centre, and RE/MAX Achievers and its essociates strongly recommend fo the Guyer, that in accordance wih the Inspection paragraph in Conteact for Sale and Purchace, thal an inspection be conducted by ent sppropriate foensed person dealing in the construction, repair and maintenance thereof which may Include if applicable the following: mold. radon, soll and percolation lests, waler and wall analysis, as well as septic tank inspection. A list of inspectore may be available in the yellow pages of the telephone book under te heading known as “Building Inspection Service’. INSP SOLE RESPONSIB 0 FAILURE TO MAKE INSPECTIONS LL NOT RENDE! Cancel the Contract. In shall be entitled to a full Fou ne TODRLNER MTTEANODLE ID SARCEL WITH GAD TRG PCDI MINA TER RL IYER mr MATH CONTRACT FOR SALE AND PURCHASE, Chooses to proceed with the Contract, a list of items in need of rapair oF Buyer's satstection must accompany such nohce, it any repens ate Recessary. Ci Buyers HI) 7 ners ra NTE AO, ae E er 2007-11-04 08:47 DERRICKRADFORD 4076786729>> 14072646630 Poe AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE [nese | THIS IS TO GIVE YOU NOTICE that RE/MAX 200 Realty, RE/MAX Town & Country Realty, RE/MAX Realty Centre, and RE/MAX Achievers (Broker) have a business relationship with Countrywide Mortgage Corporation and an equity ownership interest in Leading Edge Title Partners, LLC (Leading Edge Title Partners of Central Florida, Ltd, and Leading Edge Tite Partners of Orlando, Ltd.). THIS IS TO ALSO GIVE YOU NOTICE that Associate (Fill-In if applicable)-Derrick Radford has a business relationship with either Leading Edge Title Partners of Central Florida Lid. or Leading Edge ‘Title Partners of Orlando Ltd. through a limited equity ownership interest. Because of these relationships, a referral to either company may provide the Listing Broker and associate a financial or other benefit, Set forth is the ESTIMATED charge or range of charges for the settlement of services listed should you choose to use Leading Edge Title as your closing agent; Title Insurance Premium - Rate promulgated by the Florida Department of Financial Services under Rule 690-186.003, Florida Administrative Code, Title Search $100, Title Examination $75, Closing Service Fee $300 (split to each side), Binder Fee $40. Broker and associates have affiliations with Home Warranty companies and may benefit financially from the referral of business to same. You are NOT REQUIRED to use any of the companies noted above as a condition for purchase, sale. finance, refinance, insurance, warranty, or closing of the subject property. THERE ARE FREQUENTLY OTHER SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. IF AN AGENT HAS A AFFILIATED BUSINESS ARRANGEMENT WITH ANY ENTITY THEY ARE REQUIRED TO DISCLOSE SAME ON A SEPARATE ADDENDUM TO BE SIGNED BY ALL PARTIES. HOME WARRANTY: The buyer and seller of the subject properly have been made aware of the advantages of purchasing a home warranty. They are alse aware that through the sale of a home warranty the Broker and their associates may receive a financial benefit. Seller agrees to hold harmless the Real Estate Broker and/or Agent against any liability resuhting from fatlure of systems end appliances that would have been covered by this plan. A home warranty plan will be issued by NA, to he provided by N/A in the amount of N/A . ACKNOWLEDGEMENT U/We have read this disclosure form, and understand that the Broker and or Associate is referring me/us to puschase the above-described services from the providers above and may receive a financial or other benefit as the result of the referral. Seller: X_ Date: REMI cy > Regen 0108 Outstanding Agus’ Ouvtunding Results, mATEYE COMPLAINT. 1 TEE lié 19/2687 16:48 4075718415 THE MORTGAGE FIRM PAGE 92/92 . ; 921 Douglas Avenue, Suite 200 THE Altamonte Springs, Florida 32714 MORTGAGE 407.539.3476 FIRM, Inc. > : fax 407.539.2710 November 19, 2007 To Whom It May Concern: We are unable to provide funding for Brett and Holly Beavers due to the condition of the home under contract. Due to lending requirements we are unable to fund on properties that are not considered “habitable” by FHA and MyCommunity standards. If there are any questions please feel free to contact me directly. Anthony Nunziata Jr, Loan Officer The Mortgage Firm, Inc. (407) 310-2803 1. Cancellation of Contract. By signing this RELEASE AND CANCELLATION OF CONTRACT FOR SALE AND PURCHASE (‘Release’), Buyer and Seller cancal the Contract for Sale and Purchase (“Contract’}, signed by Buyer onthe ____ day of ——_______. ____. and signed by Seller on the day of “ concerning the following described property (give street and legal description): kD agin O SiTreeT eriand 6 FL FZ2 803 2 Rotasskon nity, PCS O47 The. S 6S FT of Lets 6+7 BLKT Buyer and Seller release each other and: max Leo Beall ¥ (name of brokerage} together with its afflates and their respective officers, directors, agents, employees, successors and assigns, and - She m Keck K ea(T (name of brokerage) together with its affiliates and their respective officer's, directors, agents, employees, successors and assigns from any and all claims and actions whatsoever arising from or relating to the Contract or pre-Contractual issues existing as of the date of the Release. 3. Disbursement af Escrow Funds. Buyer and Setler instruct the escrow agent to disburse the deposit as follows: s1c0.co » Gisela Flesh : $ to $ to $.L. to Buyer Date ~ Buyer ~ Date ~ Selter Date ~ Seller Date . RC-3x 9/97, 10/00 © 1997, 2000 Florida Association of Realtors® All Rights Reserved an a Dear Gisela Flesh, Brett Beavers and Holly Beavers are canceling the contract on 735 Wingo Street Orlando, FL 32803 because of the state of the house and the financing because of that. I sent a letter on November 19, 2007 after we received an estimated for a “patch” job on the roof and waiving the septic. Therefore the contract was cancelled because of that as well. Please contact me with any further questions. Thank you. ADMINISTRATIVE COMPLAINT EXHIBIT az November 30, 2007 TO: DERRICK RADFORD RE/MAX 200 REALTY 954 SOUTH ORLANDO AVE WINTER PARK FL 32789 FROM: DICK ARNOLD SHAMROCK REALTY CORP ONE DONDANVILLE ROAD #120 ST AUGUSTINE FL 32080 RE: CANELALATION OF PURCHASE OF 735 WINGO STREET, ORLANDO, FLORIDA 32803 Dear Derrick: Enclosed you will find a request form for release of escrow funds for the purchase of 735 Wingo Street., Orlando, Florida, 32803 in the amount of $1,000.00. Please have your seller sign this form and send a copy to the listing broker Pat O’Brien, Shamrock Realty Corp., 4495 S Atlantic Ave #302, New Smyrna Beach, Fl 32169 : Within 4 days (November 7") of signing the purchase contract an inspection was performed and a report was forwarded to you. The roof was found to be unacceptable. An estimate for repair to the roof by a reputable firm was forwarded to you. In a telephone conversation with you, I informed you that the buyer wanted to know if the seller was going to replace the roof. I also informed you that time was of the essence. You responded to our phone conversation with the enclosed email on November 13, at 10 P.M.. The email reports that the owner will not be back until Monday the 19" of November. Your stated that the earliest that you could get an answer from the owner would be Monday the 19th. : You were aware the Purchase Contract states the buyer has “2 days from the inspection date” to cancel the contract. Initially, the buyer, good faith, was willing to wait until there wasan * answer from the buyer. After two conflicting roofing estimates provided by you and the lack of proof of Septic Tank pump out/repair, the owner decided not to wait and decided to cancel the contract. I look forward to hearing from you if you have any questions. VE COMPLAINT 7 © Vides by ca . L& fates Business Coad Crit. Gower . Professional Regulation ia ee Division of Rea Estate Phooe: 407.481.6562 OBryent, Director Fax: 407.317.7245 Tomas ww MyFlorida comésibpe 400 West Robinson Street, N80 eae NOTICE OF ESCROW DISPUTE/GOOD FAITH DOUBT {Please Type or Print CLEARLY} L. Broker Information Name of broker 241d £12 Z VI SIII Broker icenseno_ BK (7/637 Streot address 74 22°39. AiLawTiet30dS ‘Veepnore 320 -VLP- POU F State FA Zip.ZA/67 _ E-mail add Broke am Shamrock Pealty Ci be p> ress pobalen Cited oh. rage in compliance with Section 475.25(1)(d)1., Florida Statutes, Rule 61J2-10.032, Florida Administrative Code, be advised that broker has (check one): _____ feceived conificting demands ___ good faith doubt as to which party is entitled ta the deposit in broker's escrow account i in the amount of § 47200, 20 Date 72S oS ll. Parties to the transaction 2 Seller__ Landlord Name Cz LE sh Elesh Street address or Box no. 7” 135_Wiwge 27 —__—_________ ciy_ Dalaewda State “4 Zp, A2I 22. C Buyer ___Tenant Name Street address or Box no. tla: x City, This notice concerns the property located at: Streetaddress_ 7.35 Wir'ge 5ST. £ ciy, Lefawde State £22 Zip FSLZPOF (3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA R “ESTATE ‘COMMISSION BALE ETATE IP IN THE MATTER OF Tou Pauw loo 0 OCT 12 PE 3Y CASE NO. 2008043967 PATRICIA P O'BRIEN and SHAMROCK REALTY CORPORATION ESCROW DISBURSEMENT ORDER In “tesponse’ “to a broker's Request for an Escrow ~ Disbursement Order, this matter came to be heard before the Florida Real Estate Commission on October 21, 2008, at Ft. Lauderdale, Florida, pursuant to Section 475.25(1)(d)1., Florida Statutes. The requesting broker, as escrow holder, has received conflicting demands for funds held in his or her escrow account as a result of a transaction that failed to close. Upon due consideration of the Request and supporting documentation, the Commission finds that: 1. On or about November 3, 2007, Brett and Holly Beavers, as buyer, and Gelesa Flesh, as seller, entered into a contract for the purchase and sale of real property. Pa OMINISTRATIVE COMPLAINT CADRE\EDOs\10-0812008043967.doc EXHIEIT # f—-1-— 2. In accordance with the terms of the contract, PATRICIA P O'BRIEN and SHAMROCK REALTY CORPORATION received $1,000.00 as an earnest money deposit on behalf of the buyer. 3. The contract was contingent upon the buyer obtaining mortgage financing and provided: If Buyer does not deliver written notice to Seller by Loan Approval Date stating Buyer has either obtained Loan Approval or waived _ this financing contingency, then either party may cancel this Contract by delivering written notice (“Cancellation Notice”) to the other, not later than seven (7) days prior to Closing. Seller’s Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving this financing contingency. If Buyer has used due diligence and has not obtained Loan Approval before cancellation as provided above, Buyer shall he refunded the deposit(s). Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by Closing, of those conditions of Loan Approval related to the Property; 4. The buyer did not deliver notice of having obtained financing, or otherwise waive the financing contingency. i PLAINT. CADREEDOs\10-08\2008043967.doc ADMINISTRATIVE COMPLAIN. 2- 5. The lender denied the buyer's mortgage application after the underwriting process due to: home not considered "habitable" by lender's standards BASED ON THE FOREGOING, the Florida Real Estate Commission finds that the transaction failed to close because the buyer was unable to satisfy the financing contingency. IT IS, THEREFORE, ORDERED that the broker disburse the earnest money deposit to the buyer in accordance with the terms of the contract. This is a lawful Order of the Commission and failure. to perform as directed herein is a violation of Section 475.25(1)(e), Florida Statutes. The broker shall not follow one’ of the other procedures of Section 475.25(1)(d)1., Florida Statutes, as of the effective date of this Order. This Order does not confer immunity from civil liability upon the broker, however, Section 475.482(2), Florida Statutes, may provide reimbursement to a broker who is subsequently required by a court of competent civil CADREXEDOs\10-08\2008043967.doc YISTRATIVE COMPLAINTS - jurisdiction to pay monetary damages due to a distribution of escrow moneys made in compliance with this Order. Mi DONE AND ORDERED this Bhan day of October, 2008 - , at Ft. Lauderdale, Florida. hairperson Florida Real Estate Commission ADMINISTRATIVE COMPLAINT. CADRE\EDOs\10-08\2008043967.doc EXHIBIT a ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was sent by U.S. Mail this day of October, 2008, to the following: . PATRICIA P O'BRIEN SHAMROCK REALTY CORPORATION 4495 South Atlantic Avenue, Suite 302S New Smyrna Beach, FLORIDA 32169 Brett and Holly Beavers 1645 Knollwood Circle Orlando, FLORIDA 32804 Gelesa Flesh 735°'Wingo Street ‘Orlando, FLORIDA 32803 xf. : : (A a * L Deputy Clerk Prepared by: JOSEPH A. SOLLA, III Florida Bar N° 287288 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite Nnsoi Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 Voice (407) 317-7260 Fax CADRE\EDOs\10-08\2008043967.doc -5- a COMPLAINT. ; - VA/

Docket for Case No: 10-009615