STATE OF FLORIDA FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS > AND PROFESSIONAL REGULATION, Oo- () \C Petitioner. vs. DBPR Case N° 98-84578 99-8 1608 LUIS ALBERTO VIDAL AND TIMOTHY J. VODA, Respondents. ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation. Division of Real Estate (hereinafter Petitioner’) files this Administrative Complaint against Luis Alberto Vidal and Timothy J. Voda (hereinat er’ ‘Romande *) and i alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT . Petitioner i Is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative C omplain pursuant to the laws of the State 7 of Florida, in particular § 20.165. Fla. Stat., Chapters 120, 455 and 45, Fla. Stat.. and the rules promulgated pursuant thereto. 2. Respondent Lu “Alberto Vidal i is “and was at all times material hereto a licensed Florida real estate Salesperson ssued tlc number 9619508 in accordance Ww ith Cc hapter 475, Seca Boo eielb dy ae e last license issued 1 was as a ‘a salesperson without a current employer a and an 2 address Fla. Sat : of 910 West Avenue #802. Miami Beach. Florida 33139. FDBPR v. Luis Alberto Vidal _ Case No. 98-84578 Administrative Complaint 3. Respondent Timothy J. Voda is and was at all times material hereto a licensed Florida real estate broker, issued license number 0638152 in accordance with Chapter 475, Fla. Stat. The iast license issued was as a broker %Regatta Real Estate Management Inc., 628 6" Street, Miami Beach, Florida 33139. | +. On or about June 22, 1998, Respondent Vidal was employed by Respondent Voda as a salesperson. | 5. On or about June 22, 1998, Melissa De Volentine tendered to Respondent Vidal $1100 to go towards the security deposit for property located at 5 Island Avenue, L-D. A copy of the receipt is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 6. De Volentine and Respondent Vidal executed a residential lease contract of a unit in a condominium set to commence on July 10, 1998. A copy of the contract is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 7. The lease was subject to De Volentine being approved by the Condominium Association. "8. The lease terms did not permit pets on the premises without the Landlord’s approval in writing. ‘ 9. De Volentine advised that she informed Respondent Vidal that she had a cat with cancer that would not live much longer, and Respondent told her that the cat should not be a problem. y “rejected De ‘olentine’s application FDBPR v. Luis Alberto Vidal : / Case No. 98-84578 Administrative Compiaint because of the cat. 11. De Volentine made a demand on the deposit. 12. Respondent Vidal advised that the deposit had been split between the landlord and the Respondent’s real estate brokerage. A copy of the letter is attached hereto. incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. 13. Respondent Vidal advised that he has since made arrangements io repay De Volentine. 14. By letter dated August 19, 1999, Respondent Voda advised that the deposit had been placed into his escrow account, and one half was disbursed to his company. A copy of the letter is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 4. COUNT I Based upon the foregoing, Respondent Timothy J. Voda is guilty of failure to account or deliver funds in violation of § 475.25(1)(d)1. Fla. Stat. . | COUNT I Based upon the foregoing, Respondent Timothy J. Voda is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until ao disbursement thereof was properly authorized in violation of § 475.25(1)(k), Fla, Stat. COUNT II Based upon the foregoing, Respondent Luis Alberto Vidal is guilty of culpable negligence. or eos tellus al Me da | { } i i 1 1 ka a i lel FDBPR v. Luis Alberto Vidal | Case No. 98-84578 Administrative Complaint breach of trust in any business transaction in violation of § 475.25(1)(b), Fla. Stat. 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, Fla, Stat. 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 $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand: imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., 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 courses; publications restriction of practice; injunctive or 3 mandamus relief, imposition or a cease and desist t order: or any combination of the foregoing which may apply. See § 455 227, Fla. Stat. and bs perereece seme emer cpr ripe coer FDBPR v. Luis Alberto Vidal Administrative Complaint Rule 61J2-24.001, Fla. Admin. Code. Case No. 98-84578 SIGNED this /f? day of Lovenber , 1999, ilt§44 GC/k PCP: MPS/CS 11/99 A a, GO Lehi Professional Regulation By: Herbert S. Fecker; Jr. Director, Division of Real Estate ATTORNEY FOR PETITIONER Ghunise Coaxum Florida Bar N° 077348 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat. is not available for administrative disputes invoiving this type of agency action. ul FDBPR v. Luis Alberto Vidal Case No. 98-84578 Administrative Complaint PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; 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. OV reer rt me oe creryororr wR, / (Ny eccarm cae REAL ESTATE MANAGEMENT INC. Tel: 73-1 LUIS A. VIDAL Fa 208) Orne Lic. Reat Estate Agent Bor.: (308) 734-5971 Engtish, Spanish, Portuguese Home: (305) 604-3822 628 6th Street « Miami Beach, Florida 33139. we FROM © FOR RENT, Sra STS Maen foe C~O exmarr 4b opane ae rative- (FOR ATERM NOT TO EXCEED ONE YEAR) & \Not To Be Used For Commercial, Agricultural or-Omnet Resicenna: PA Shay Pete, vs WARNING: IT’S VERY MPORTANT TO READ ALL OF THE LEASE CAREFULLY. THE LEASE iMPOSES Me AN ASTERISK i) GR A BLANK SPACE ( ___; INDICATES A PROVISION WHERE A CHOICE OA, Cecisicny NO CHANGES CA ACOITIONS TO THIS FORM MAY BE MADE UNLESS A LAWYER IS CONSULTED, “F # mins (ire ‘Lease I TERM ANO PARTIES. This is a lease (“the Lease") for a ceriod of se = a Lo . ! sa oe et jg ee 1 fy z 3 6 i ad ~AGHS & Se N wlendive /See{ pe NV Sp ne Stace. 0e ower mremer ore or mow. a» TaMT6tS) Of personisy io whom ihe 15 waseq) property 's calied *Landlord.* All persons to whom the property is leased are called “Tenant‘) A _ <— ; i, PROPERTY RENTED. Langiord leases fo Tenant_unt no. _ti-D) in the butang focaiea at __“> asia wel Ave — f 7 (Steet address} c trom a at Sha el“ (-tnce Widiei SecA “ar 2 (2 ‘conornensorn Te Coe together wn the following furniture and appiiances: *Ust all furnture ana apouances. it none, write “none.” (In the Lease the property leased, wncuaung furrsure ano aDquances. df any. 1s called “the Premises.") Mn COMMON AREAS. Lanciora grants to Tenant permission to use. aiong win ciners. the common areas ct Se Duiicing anc whe Geverooment of whicn ne Premises 2 a part. . ~ — Lise x 'V. RENT PAYMENTS AND CHARGES. Tenant shail nay rent for the Premises in installments ct S renee) 23cnon the =. each Who War . (A ‘Rental instalment Penoa.* as uséa in the Lease, snail be a month d rent i$ cad montn monn, wee and a weex i “ent 's paid weekly.) Tenant shall Pay with eacn rent payment ail taxes imposed cn tne rent oy laxing ausromues. The amount of taxes nayanie on t beginning date of the Lease is $ [S) ‘or each installment. Tre amount c: eacn wnsta.ment ot Tent Olus taxes ("the Lease Payren; ra as of ine cate tne Lease begins, is $ is LA andlord wai notty Tenant ¢ the amount of the tax changes. Shall day sre rent and ail other charges requived to be para under the Lease by cash, vaiid check. o- money crcer. Lanaiorg may appoint an agent t the Lease Pavment ana to pertorm Lanalord's obligations. * (kanalony: Tenant circle ‘one)} shall pay the common area maintenance tees attnbutable to ne Premises Gunng =e Lease Term. Such fees are $ ——— "er montn / quarter (cirele one) and are payable at ine following acaress: or Failure by Tenant to pay any such fees tnat are Tenant's etrgabons snail be a default in payment ot ser * The Lease Payments must be paia in advance / in arrears (circle one) beginning say \. DEPOSITS. ADVANCE RENT. ANO LATE CHARGES. is agaitin to ihe Lease Payments cescnoes accee. “e Day the foliowing: xcriecx ones dems that aceiy) \ O O Ou 2 Secunty deposit of $ \ \ __ "0 De aid LOCH s.gning tre wease. Se . Ap, oS \ , 2 avance rent in the amount of $ Zz Zoe ‘of Re Remal Instazment Pevocs ct __\ a Who ‘2 D@ paid upon signing tne Lease, i ‘Nie 2 gel deposit in the amount of $ aN & "2 De Daid UDEN sicning re Lease. a Ww ——_____ 2 ate charge in the amount of $ Z => “EE ict eacn Lease Payment mace mere tnan che date it is due. Z aA oS ——_____._ 4 bad check fee in the amount of $ G POLO exceed $20.00. or 5°» of ne Lease Payment, wnicnever is areate 'Tenan makes any Lease Payment with a bag check. if Tenant makes any Lease Payment witn a Sac check. Landiord can require Tenant to ca. { ail future Lease Payments in casn or by money orger, t i number oi cavs anc Vi. SECURITY DEPOSITS AND ADVANCE RENT. If Tenant has paid a secunty deposit or aavance rent tne following provisions aopty: A. Langiord shail hold the money in a Separate interest-beanng or noninterest-beanng account in a Fionca Dankung :nsntuton for the beneht of Tenant. if Lancior deposits the money in an interest-bearing account, Landlord must ay Tenant interest of at ‘east 75°5 of the annuaized average interest paid by the carx ¢ S* Der year simple interest, whichever Landlord chooses. Landlord cannot mix sucn money witn any c:ner funds of Landlord or pleage. or make any other use Of such money until the money 1s actually due to Landiora: or . N we 8. Landiord must pest a surety bond in the manner allowed by law. if Langlord posts the bona. Lanaiora snail day Tenant 5% interest per year. At the end of the Lease. Landlord will Pay Tenant. or creait against rent, the interest due to Tenant. No interest wiu oe que Tenant if Tenant wrongtully term:rate the Lease deiore tne end of the Lease Term, = ier ‘t Landiora rents five or rnore dwelling units. than wathin 30 davs of Tenanis avrnert > : 250S8It. Landlord must noury 72-2 . ~N. sn waiting cr ine manner in waich Lanatord is hording sucn ‘money, the ymerest rate. win receve, when sucn payments wii ce 731 : : VIL NOTICES. Lohs eve: ADdoi eibic Agioras Agent. Ail notices to Lansisrz ar : mame > : + = shh ae ee (2 yO ail Lease F3.™ents must be sent to Lanatords Agent aa LI NeLeC a7 >of 07a c:ves Tenant writen nouce of a change. Lanaiord's Agent may periorm :rssections 24 benait cf -angiord. Ail notices to Lanaiora gra. c nied malt, return receipt requested. or by hand delivery to Landlord or Larciora’s Agent, Any nonce 9 Terant anail be gp 2 ed, 4 notice to Ferant may oe given by leaving a copy of the nouce at the Premises, RLCC-1 9/92 Avprovea for use under tule 10-1.1(b) of The Rules Regulating The Florida Bar —_ eyuiett PAGE 1 i ; ' E = lin 4 vill. * * * * xX * * xX XL xl. All, ” The Premises av provisions, and resincuons set out in ine Deciaraton of Condomunium. ) USE OF PREMISES. Tenant snait use ine Premises ony tor residenval Durboses. Tenant also snail obey, ana require anvone and any resincuons inat apply to tne Premises. Lanaiorg wii give Tenant nouce ot any resinctions that appry to the Premuses. amended, oF 'epea:ed by the governing association cunng tne Lease Te:m. Tenant acknowieaces that the goveming association may adopt, moc: during the Lease Terp-——— _ Occasional ovemignt guests are, are not (circle oni |. Landiord’s wntten aoprovas Tenant may€ may rotcirele one) keep or Tenant shail nor keeo any dangerous or tlammable wems nat mi in any calendarmena, Soma allow pets r amend, or repeal rules and requiauions for the use of the le) pagnitied, An occasional ovemignt guest is one wo does not siay more than (GS isis rot {rircle one? reauired to allow anyone eise to occupy the Premises. 00 ine Premises without Landiord's approval of the pet or animat in wrung. Ignt inczease the danger of fire or damage on the Premises without Lanaiord’s consent, Tenant shall not create any environmental hazarus on or aout he Premises, Tenant may (‘May ngy(circle ones maxe any at Tenant shail (naree detace, camage, :mpaur, improvement. Tenant must act. ana require ai other Dersons on the Premises to act. ma manner that does nol unreasonanty disturb any negnoors MAINTENANCE. \rclord and Tenant agree that ihe maintenance ot Ine Premises must be on ihe Premises to opey, all aw cated in a conacminium or cooperative deveiooment. The Lease, and Tenant's Agnis under the ‘ease, snail be supject to all terms. conditions @ Olal, ang resincuons, ries. and regulations as now exist or may be adopted. meatier common areas and ine Premise Or remove any part ci the Premises belonging to Landlord. nor permit any person to do so. Nerauons or improvements to ine Premises witnout tirst obtaining Lanalora’s wntten consent to the alteration < A. Structural ana Buiiding Codes. Lanciord ana Tenant acKnowieage nat the maintenance of the structural elements and common areas is performed by the ccr deminium assoc=tion as pan of he commen area maintenance. Wandlord Shall assure that the associauon comptes with heaith codes reiaung to the Premises. tf there are no aopiicable Ounding, housing, reparrs the r Sorches, windows, exienor walis, Screens, founcadons. {loors, s| ‘a will be resoonsiole tor the maintenance of any items usied 8. Eiecuve Maintenance, Filiin eacn Clank soace in ims secuon witn Lancierd or order. Lanai ‘will be required :0 ‘ake care oi -oacnes, —_\ ! — 1 a i inate. Smoke cetectors Exterminauon of rais. mice. anis. wood- destroying organisms, and bedbucs Locks and Keys ‘Tiean ana saie censton of outside areas i ——__=_ Sarbage removal ang out- side garbage receoiacies Tenant's responsic: Landlord shail se ty. if any, indicated abeve, snail / snail not (circle one} i 1 i Z ee Funring waier a : / ——$$—_= “ot water i / —_ sawn —_ 700) finciuaing filters. nacninery, and equipment) , om | — = Heat ——_i___ Heating and air : conaitoning filters. Yr conditioning her — Fumiture MaAIOF Maintenance or major sepiacement in the previous oaragrapn. mam Major maintenance or major reoracement means a repaur or replacement that cosis more than § so: Tenant shail be recurred to vacate tne Premises on 7 Cays' wntten noace. f ni ) include major maintenance or major replacement of equioment. oonsiole for maior maintenance or major replacement of equipment, except tor equipment fer wnicn Tenant has accepted responsiomity { iS required for extermination, Lanciord shail not be liable for damages out snail abate the rent. Nothing in tnis secon maxes Lanciord responsiole for any conaiton created or cat Tenant's tamily, cr any otner person on-the Pemises win Tenants consent. C. Tenant's Regu:reg Maintenance. At ail umes dunng tne Lease Term. Tenant snail: weep elevators. uml . Te Ot oye LAAN Coe! Comply win ail obligations imposed upon tenants by appuicanie provisions of ouikding, Nousing, anc neath codes: keep the Premises ciean and sanitary; remove ai carbage fom tne dwelling unit in a Giean and saniary manner, keep all p.umoing fixtures in ine Gweilng unit ciean, sanitary. a7¢ xn repair. ano use and ccerate in a reasonabie manner all elecincal, ng, ana ci ft Shall bay aul cnarges for Nook-up, connection, anc. t for proving ail utiities and uuity serices io Ne ¥ (Speeiy any utes to be provice and paia lor by Lanciord sucn as water, sewer, oi, gas, LANDLORD'S ACCESS TO PREMISES. Lanciord or Lanciord's Agent may enter the Premises in tne foilowing c:rcumstarces: A. At any ume tor :ne protection or preservation of the Premises, 8. After reasonacie nouce to Tenant at reasonan! C. To inspect tne Fremises; maxe necessary or agreed-upon repairs. cecorations, alterations, {0 prospective or aciual purchasers, mong; 1. with Tenanrs consent 2. in case of emergency; 3. when Terant unreasonao! 4 4 Tenants azsent from ine Premises for a penog of at least one-nait a Rental tended acsence. then Landlord May enter onty win Tenant's consent or for PROHIBITED ACTS BY LANDL' 4. Lanaterd ca: 10, water, by, Lanaiora! 8. Lanciore <, event Ter. Tenant's personal oropeny. (=: Penod witncu: mmeaiately vaca: of the Premises. recuy GF incvecty, . Clecinary, gas, elevator, g: Tenant's persona oropeny trom tt Oarale from 3 ‘re oremises. st Tenant vacates. ty withholds consent: cr ORD. 1@ GOOTS. IOCKS, roct, NSS iS SUDStantaiV cy the camage or ‘3 aCCESS: & Premises by ar ne Premises un.ess the acuon is taken alter sumender, abanconment ihe Lease. uocn surrenaer or acanconment by Tenant Landlord snail net be aoie or ‘or the Ourboses Ct ths section, abanconment means Tenantis absent ‘aving rent or cing Lanciord reasonacie nobce ct Tenant's absence.) CASUALTY DA‘ NAGE. it the Premises are camagea cr cestroyea orn ke umes for the purpose of repairing the Premises. all, OF “.nGOws Of the Premises except for purposes ct im ‘er faculles and aopuances. inc: 0 10 Tenant, nciuding, but act FDage collecuen. cr reingeraton (wnether or not ine ubuty Service 1s uncer OARS. INCIUGING, DUK Not imitea io, chang.ng ine socks of USiNg any ocollock or lecessary, for exterminauon pursuant to this suogaragrapn. When vacation of the Prems- used by the negigent or wrongtul act er emission of Tenant, any memoer Premises dunng lease excc which Landiord agrees to orowde at Landlora's expense. electncity, teiepnone, caroage removal, etc.) Of Improvements: supcly agreed services; or exmibit the Premis Jagees, tenants. workers. cr contractors uncer any of the following circumstances: installment Period. (lf the rent is current and Tenant notfies Lanalora of an the protection or preservation of ine Premises.) the control of, or payments iat Gav ‘enance. repair. or replacement. Lana i. cf a tawiul eviction. If provided in aw responsibie for storage or uispesuon stom the Premises tor at least one-half a Rental instailime ‘er than by wrongtul or negugent acts ct Tenant cr oersons on the Premises with Tecar ‘Saved. Ferant May terminate tne Lease witnin 30 cays afer te camage or destruction ang Tenant - TePant is not wacie for rent that would have been due atter tne aate of erminsuon. Tenant may vacate the 5. fPUCUON, iF 4 TCn Case Tenants ability for rent snail De reaced ov tn '@ lair rental vatue cl ihe oan o: r vonage oe ope ! i ll on ail allt. ei be i j ; RIV. xv, XVI VINE XV, XX. AKL Promises inat Ted oF cesireved, CSFAULT. : . - A.“Lanalora's Default. Exceot as noted deiow. Lanciora wii be in celaull é L2nciora fails to comary wun Lanclora'’s requifed maintenance obligations under Sec- ‘On IX(A) OF {axis to Ccmory with other matenal provisions of the a Lease arc sucn fallure conunues for more tnan 7 days aiter Tenant delivers a wntien Notice te Landlord that tetls Lanaiord how Langiora nas. violated ine Lease. $ Landiord’s failure to comoty is due to causes beyond the Lanciora’s correct the probtem. the Lease May ce ailered by the parues. as [ciicws: 1 if Lanalorc’s taiure io comply makes the Premises uninnapitable anc Tenant vacates. Tenant shail not be fable for rent Sunng tne penod the Premises re- mains unMinnabitabie, . “ oe if Landlord's fariure to comoly does not make the Premises uninnanilatie ana Tenant conunues to occuny the Premises, the rent for the penoa of noncompliance sil D@ redUiced by an amount in proportion to the Joss af rental value Ca.:s2q by the noncommouance. Tenants Oefaull. Tenant wii be in defauit # any of the following occur: 1. Tenant fails to pay rent when gue ana the detauit continues for 3 ¢. by Landlord for payment of the rent or possession of the Premises. Tenant fails to bertorm its obligations uncer the ‘Lease, and the failure ts such that Tenant snouid not be given an opportunity to correct it or the failure occurs: euthin 12 months of a wniten warning by Lanalord of a simuiar failure. Exampies of such failures wruch do not require an opportunity to correct inciude, pui ited wher Tenant's property py an intentional act or a Sudsequent or continued unreasonari ‘ot and if Lanalord has mage, anc continues to make, every reasonabie effort is. w excluding Saturday. Sunday, and legat holidays, atter delivery of watten demand 2. ” Except as proviaed above, nant fais to perform any other obligation uncer the Lease and the aelaut continues for more than 7 days after delivery of wnt » ten notice to Tenant from Lanalord specilying the default. C. Waiver of Detar REMEDIES AND DEFENSES. A. Tenant's Remedies. 1. if Langlord has getauited uncer tne Lease ana if Tenant nas given Landlord a wntten notice descnbing the default and Tenant's intenton to withhold reni the detauit ts rot corrected wainin 7 davs, Tenant may wistnold an nt of rent equal 10 the «ess 4: renial value caused by the detault. if Tenants nove icwses Langtord inat Tenantintenas !o ‘ermunate ne iease if the cetaunt 3S not cured within 7 days ana the detaull is not cured within the 7 days. Tenant ma. ‘ermunate the Lease. { Tenant has iven ine naitce relerred to in $1 ioparagrapn (1) above. ari ‘9 withholding tne appucaoie amount ot rent, die a lawsuit in County court to require Lanciord to correct the delault ana for damages. { Lanalord's detauit maxes ine Premises uninnapitadie. ana ii Tenant Pas given Lanatord a notice descnbing the default ana informing Landlord that Tenar: tends to terminate the Lease, nen # Langiord does not cure ine cetautt within the 7-dai f Landiora viciates ine crowisions ct secuon Xi! Lanaiord snail be a2ie to Tenant tor actual ana consequential damages or 3 months’ rent, whichever = 2 3feater, for eacn vioauon, Lanciore’s Remedies. +. i Tenant remains on the Premises after exowavon cr temmmation of ine Lease without Lanaiora's permission, Langiord may recover possession of the Premise: nthe manner prowaed for by law. Lanciard also may recover double rent for the penod dunng which Tenant retuses to vacate the Premises. N Tenant detauits unuer the Lease oy tauing to pay rent. as set forth in section XIV(B)(1), Landlord ‘may terminate Tenant's nghis under the Lease and Te- to 4. 1M a lawsuit tor possession: >. when Tenant nas surrendered possession of the Premises 10 Lanaiord: or =. when Tenant nas abandoned the Premises, Absent actual knowieage of abandonment, ine Premises snail be considered abandoned it Tenantis abser {rom them tor at ieast one-natt a Rental instaiment Periog, the rent is not current. ang Tenant has not noulied Lanaiora, in wnung, of an intenaed absence Tenant nas aetauiled under the Lease ang Langlord has obtainea @ wat of possession, :t Tenant nas surrendered possession of the Premises to Langiore or if Tenant has apangonea ine Premises, Lanclora may: 3. ‘reat the Lease as terminated. retaxe Cossession for Lanciora’s own account. ang any tuner apuity of Tenant wit be enced: 9. felake Dossession of the Premises ier Tenant's account. Tenant wi remain haoie for ‘ne diference between rent agreed io be paid under the Lease ay’ rent Langiora is acle to recover in good faith from a new tenant: or do nothing, and Tenant wul be ltabie for ine rent as & comes que. ! Landlord retakes ossession ot the Premises tor Tenant's account, Landlord must maxe a good Iaith effort to re-iease ine Premises. Any rent recene by Lanaiord a3 a resunt of the new lease snail be deducies from ine rent due from Tenant. For purooses of this secuon, “good faith” in trying to re-lease 17? Premises means that Landlord shall use at ieast the same erfons to tevease ine Premises as were useg in the iniual ental or at east the same efforts as Lancior: WSES IN altempung to lease other simuar bropeny. It does not require Laralord to give a preference in leasing the Premises over other vacant properties tz Langiord owns or has the responsiputy to rent, ‘Other Remeaes. Zacn Sarty also may have otner remeaies avaiiabie at aw or in equity. etenses. In a lawsuit by Landlord for Dossession of the Premises Dased Loon Ronpayment of rent or in a iawsuil by Lanalord ‘seeking to oblain unpaid rer’ Tenant may assen as a defense Lanciord's faiiure to pertorm requirea maintenance, as set forth in Section IX(A) above. Landionts failure to wide electri: maintenance. as set forth in Section Ix(S} absy vo '€Sé all Of any pan of the Premises without first obtaining Lanciora RISK OF LOSS. Lanciora shail / snail not (circle ane) be adie lor any :css cy reason of damace, sneit. or otnerwise to the contents, belongings, and perser: fects of tne Tenant. or Tenant's famuy, agenis. ero-oyees, quesis. or FS iocated In or about ine Premises. or ior damage or imury to Tenant or Tenant's Agents, employees, SiS, i NOL De nabie if such Gamage. tnelt, or iss 1s caused by Tenant, Tenant's amity, agents, employees, gue: wistOrs. Nothing coni us ‘ord or Terant tem resoonsibpuity ‘or toss, Gamace, Cr .nury Caused ay its own negigence or v congue: . cots . gotta SEER ATE ETA ee gh die SUBORDINATION. The Lease is susoranate LIENS. Tenant snail rot nave ine agnt or a Premises mace by Ten. Lanatord's interest. APPROVAL CONTINGENCY/7 "01 (circle one) conaiuoned uoon anproval of Tenant oy ine association that govems the Premises, RENEWAL/EXTENSION. The DRBETEn ve renewed Cr exlended oniy cy 4 wniten agreement sighed DY DotN Lanciord an tena the term to a date more than 1 year after the iease begins. A Hew ease is required tor eacn vear. ‘"e ken OF any Mongage encumoenng ine fee utie to the Premises trom ume to ume. encumber ine Premises or to permit any person to claim or assert any sen for the imorovement or repair < rues C f Fcuest that the Le2ce aoes rot a Tenant. Dut no renewal may éx t fs i meme me Gun-22-96 i2:13P Regatta Real Estate WY NQ.DE TEL } 2dSe171e0. 23 TUN. 1996 64:13PM PL Fa PLoS ‘Tre Lease ras Oeen executes by Ihe DATES On fhe Calas exicaied bow. ‘Timo «6 of uve coserce of NG Le2ee. “The Coase are 88 Bing Upon and 10” the DEneit Gf Ihe Nees, 99°C “ROTRERNELINES. BUNCE HOTS. and CHFTTETEC ZEEGTE Of Lanciord and ianar, sORC 10 Te racii-fements soeciasty Menzoned in the Lease. Whenleer Used. AG SNQUZs UMOET ned INGLE INE DRE Ce SAQUEN Bra he USE Of Eny yerdes ghall inckde a ADOCOneee 9encers, The egreernéna tomes © he Loans 46! torn Ing Como-cte LNONTEINGAD OPW DA/ECE BNA May NO! De Chance oF Itreneved orahy No wyreement to AcO0K SuTeNde! Of fhe Premses orn Tenant wil DE Vee ynmas.in wren and ogre? OY LINGOr, All questions conceming ina menewe, exouton ‘conssUctUN, elect vVaiiity, and eniorcemers of the Lene set be cemermnen cunuers m the wna of Ficron ‘The place tor ting any suts or other procesaings wi MeEDect 10 7 VERSE atta OB He COUNTY TN wrech Mie Premmes § OcEBC. Lancers ang Tenant wal ust goad fash ertonmrg Hew COMES UGE te 9500, : (AS FeCutred DY IW. LaNGIOTT IP gkas ihe ‘ctoneng ciscioaume: “SADON GAS.” Findon 9 & hatraly OCOUMIN LOCSCIVe 23a Nal, when H ARS BOCUTUAIO Fa buiang 1 sutCErt Quandies, may present neaA fsa © DETIONS VNC Bre EXDINED 1D: CVEF Be. Lerveds OF "ROT: that exces fodenet 27 six GAdeIrOS rave Deen founs in buvdings In Flanca, Adgtbona iniormabon regarding G07 8nd recon tEseng may Oe Oot Mmed Irom your County DUOKS Negim und. Are. Kola Su. Pie Landon) Name Toranes Sqrenre - ved ig Us i VO Pert Tenant Name oe ee om ; PAM Nim a Torents Siganee Me mt Eee OtmeNOe e— eS ae (2 mtnegees naeved for each Tenary —) Mide. scacg +s i ieee rete soe pee eer WW. ; w) vee as Li-iies SA a (For A Term NOt To Exceed One yeas) INSTRUCTIONS: ; the Agent: Give this aisciogure to he Ganalord ance 's your assisting win the compie 2 Agent: As the person assisting with the compet:on of the attached form. insert your r. “Name” scaces delow. ” Yourrame a tne hrs () blank 3. Agant: SIGN the disciosure DeiOw. 4 Kandiord ang Tenant: Creck :ne acpticatie Ofovision regaraing Engiisn contained im (3e Sisciosure and SIGN. Delow. 3. Agent. Landiord and Tenant Retain a copy for your files. OFSCLOSURE: i .. Lei _f ‘old me ‘nat nevsne is nct a lawyer ang may not gve (Namet iggal advice or reoresent me in court. . 5 ' é : Wat Loss x vilergy {old ma that hevshe may ony nein ™Me¢ til Out a form iNamet \ \ , moi e NOU eh s2proved by tna Sucreme Count ot Forica. A Np Lvs \ may only halo me \ . Name), ta, : 4 + : \ dy asming me questons jo fill in:ne form : S ~ | WOES s. May also tame (Namey ew 10 fila tha form. 5 ' < i eke} : _ t Xs Lh & a toid ma mat ne/she ts met sn atiorney and cannot tell “Name) ; 8 what my ngnts or remedies are or Now tc tasuty in coun. Tenant: Lando a“ ‘ can resd Erglish. Can read Engish. { Cannot reag Eng:tsh but ins, —— cannot read Engin out this ~ nate was vead ‘S me oy nobce was read to me oy Tenant) Reet saz Pas oney 22-98 l2:1ap ; oo o —— January i2. 1999 Department of Business and Professionai Regulation Division of Real Estate Bureau of Enforcement 401 N.W. 2" Avenue. Suite #N614 Miami. Florida 33129 ATTN: John Jj. Esposito RE: DBPR Case #98-84578 Dear Mr. Esposito. {am writing in response to your letter concerning Joel and Melissa DeVolentine’s ailegauons against myself. To the best of my recollection on or about June is. 1998. Melissa DeVolentine was shown 5 island Avenue. #LD for lease. At that ume { disclosed that pels were not allowed on the property. On June 23. 1998. she left a deposu of $1,100.00 towards that apartment. The money was deposited in escrow that same day. Ms. DeVolentine also signed a lease on the same day stating that she did not have any pets. In a later discussion. Ms. DeVolentine confessed to owning a cat that was not expected to live more than a few weeks. She expressed that taking possession of the apartment would not be 2 problem due to the cat’s condition. [ submitted the Icase to the owner. Eduardo Palombo. and disclosed the tenant may bring a cat into the apartment. ‘fr. Palombo stated that he didn’t mind. Mr. Palombo was comfortable with the application and the unit was taken off the market. At the condominium approval meeting. Ms. DeVolentine revealed the pet to Rose Ellis who informed her she could not have a pet. Rose Ellis told me Ms. DeVolentine was approved if there was no pet involved. but had to issue a denial due to the pet. Mr. Palombo felt that Ms. DeVolentine did not act in good faith when she stated the pet wouid not prohibit her from taking the apartment. when in fact. she Was approved without a pet. “fr. Palombo would not grant a refund to Ms. DeVolentine due to her deception and his subsequent loss of income. The $1.100.00 was split berween Mr. Palombo and Regatta Real Estate Management. if there are any further questions. rt can be reached at (305)978-3692. Timothy Voda, Broker Regaita Real Estate Management EXHIBIT PAGE. Ter rogers s of ot. W e@p-03-99 05:41P Reger ta Reali Estate 7 REGATTA RE AL ESTATE MANAGEMENT _ 628 Sinth Street Miami Beach, Merida 33139 Phone (305)675-1940 Fax (305)673-8886 August 19. 1yu9 of Business and Protessionai Reguiation Florida Depaninc Division of Rea Escrow Section 400 West + sturston Nora Orlande, Flo ATTN: MS. LINDA BORDA RE: DBPR CASE #98-84578 Dear Ms Borda. {am writing io you mn regards te a complaint that was inst a former agent who worked in my office. Jolin Esnosuo. your iocal invesiizator, suggested | write lo you. suQ)un December [998 concerning Cause #08 vo discuss Hus case. 1 have encioscd copies of Mr, Esposiia o aily contacted Luss Vidal (former X4578 0 tan a Mr. Esposito on March 4. 1999 everyduing diet} ave thacd fell you might want to review seal Chatad sus as aad complamianat > Througn th ifs episode. Mir, ZspOsne iu » important Wiat the Stale recerved mw record cf tne tran DeVoicnunc. (ef a 51100.0G (One thousand one inane deiiari deposit to redit“Gn “shuren ae Island Terrace Conuominium, Fe Isiand Avenue, =LD. Mian Beach. The apartincot 1s owned by Mr. Pani Palombo. wie resides in Argentina. only 19 Teveal a few Gays prior to ncr approval phe udormed us she was gome to lake the Bemy im the property management cn curs. | fet Ms. DeVolenune Stash sneak the peti. | felt i was necessary to disclose Mr. Palombo stated he didirs nund if she oa the lease partment Te bustucss for the pet shuaiion to dhe owner in case Lie tenant took the cu guiuuons of the Associauion. “ac owner s Chad a Jai Sut wus against the rules and Bnowin pect had a pet. but tt cula not prohio : her trom takung bs ‘cab lal hed sot 1 “pet. Mis. DeVoicnune has wriicn a Board laned the felier ic us stating she would not cub was denice, f / baWeleiake Ms. Be co Was accepted into the property Wit sacmber a letter of denial. The Board member Sgt the Geaias Jolter because Ms. DeVolenuie wus decoswd ih iaway \ci. .~ DARF —~—~__ i reer days of licensure for both Sincerely - * , | Sep-03-99 08:41p Rego ta Real Estate Me CeVolenunc would net move in without ine cat. he feit Geccivea und reresene When Mr, Palomo heard ihat AS ned to. Ms. DeVolentune gave Ser word that the cu: woud not prevent her from fasung ihe ccurumen. when mi fact. it did. Nir. Palomo test his rental income duc to her deccpuon. The apemmen: aid not re-rented unui Auvust 28. 1998. Mts. DeVolenune SIgucd u icase contract slaling Liere woud be no DIS mi the aparument. Yes. uke lease 1s conditional on Assogiution approval - she wus approved - sithom a pet. With te informauon a: asad. { flt Ms. DeVolentine acted fraudulcnily. She executed a icuse kKnowme it was a conflict with the cat. The $1,160.00 deposit was spiit between the owner and my company. Ms_ DeVolentne has mude severai statements concerning Luis Vidal cashing her check. The money was deposited in my escrow uccount the sume day it was received and the money was dispensed through the same account. i bring tis up because Ms. DeVoivntine’s complaint reads us if the agent rersonally cashed her check. After holding a real estate Usense for four years and working for a developer for seven years prior. i thought | acted in good faith to aii parties involved. In my cducation experience io become an Agent and a Broker. : was taught the ccronsm MEAL when there is an escrow dispuic. Medias:on. disbursemem oraer. 5 add Litwauon. However. (aut only UPDUCS 19 sales et Fe jaughel mecorrecus / There are many things you ootat ia ite if you work hara. 1 worked, my tail off to own my own business. My Broker's license 1s one thing that 1 hold in the highest regard. I'm proud to tell others thai | ama Broker. Now to think i've risked ty iicomse and reputation on a dishonest person shatters ins confidence that it couidin tl bappen Bi In my mecting with Inspecter Esposito. he remarked io me that { scom different than most Visils. The fact that | was not rude, obnoxious and misicading mude his audit a picasant capericace. That Meant a lotto me as | wus raised ie never lic, cheat or steal. Mr. Esposito told me Usat ) stay be ced wah “failure tu account und deliver.” ‘Chat sure sounds fike a thief to me. | cua oniv remark Gow ) would Feel if that was the cuse - cevastated! I have expressed to Ms, DeVelentine’s allorcy that } svould personally repay ber $1,500.00 if the State told me i acica uuproperiy | wih probably refund it before then just 10 gain a piece of nuiuid. The reatizauion of ihis wspute as wtade snc ponder my caucution. < wiil be iGKig coy staiy hour vontinuing cducuuon this monn wih the highest regret that 1 didn’t lake die ¢ iv after receiving my Broker's license, Stuy opinion. the contunung cducauon should be mundated win sian gents and brokers. What ¢ t tearned from tis? Exactly what Mr. Esposito said - leave it 19 the State te hundic probicins. I will ask the State for their aee:sion before reacung. Timothy J. Voda Broker ie Poe a

Docket for Case No: 00-000129