FILED Department af Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Brandon Nichols DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] pate 2/11/2016 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2015-009428 ROBERT L. FEDAK, Respondent. | / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against ROBERT L. FEDAK, (Respondent), and alleges: ie Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, of the Florida Statutes. 2. Atall times material, Respondent was licensed as a Real Estate Sales Associate, having been issued license number SL 3082339. 3. Respondent’s address of record is 6689 Martin Road, Margate, 33068. 4. In or around February 2015, Respondent was the listing agent for a property located at 710 NW 74th Terrace Margate, FL (“Subject Property”). 5. In or around February 2015, Rhoda Mann was the cooperating sales associate that assisted the prospective buyers Francis McMullan and Indra McMullan (“Prospective Buyers”). 6. On or about January 31, 2015, the Prospective Buyers signed a Residential Contract for Sale and Purchase for Subject Property (“Contract”) and submitted the Contract as an offer to Respondent. 7. On or about February 3, 2015, Eleanor Herman (“Seller”), the Seller of Subject Property, countered the Prospective Buyer’s offer. 8. On or about February 3, 2015, the Prospective Buyers initialed and accepted Seller’s counteroffer. 9. On or about February 3, 2015, the Contract between Prospective Buyers and Seller became fully executed. 10. On or about February 3, 2015, the Prospective Buyers placed an escrow deposit of $10,000 with Capital Abstract and Title, pursuant to the Contract. 11. On or about February 4, 2015, Respondent alerted Mann and the Prospective Buyers that the Seller had executed another Residential Contract for Sale and Purchase for Subject Property with a different prospective buyer prior to the execution of the Contract. COUNT I 12. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as if fully set forth herein. 13. Section 475.25(1)(b), Florida Statutes, subjects a real estate licensee to discipline if the licensee: Has been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme. 14. Respondent violated Section 475.25(1)(b), Florida Statutes, by failing to disclose to Mann and the Prospective Buyers that the Seller had executed another Residential Contract for Sale and Purchase for Subject Property with a different prospective buyer prior to the execution of the Contract. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent’s licenses, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, assessment of costs telated to the investigation and prosecution of the case, and any other relief that the Commission deems appropriate. SIGNED this _22"° day of January , 2016. PCP Date: 1/21/2015 PCP MEMBERS: __Hornsleth/Fisher By: KEN LAWSON, Secretary Department of Business and Professional Regulation /s[Megan S. Lloyd Megan S. Lloyd Assistant General Counsel Division of Real Estate Department of Business and Professional Regulation Florida Bar No.: 115518 Office of the General Counsel 1940 N. Monroe Street, Ste. 25A Tallahassee, FL, 32399 (850) 717-1499 - Telephone Megan.Lloyd@myfloridalicense.com NOTICE OF RIGHTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross- examine witnesses, and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3)(a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

Docket for Case No: 16-001872PL