responsibility. and duty: to P STATE OF FLORIDA “FLORIDA RE AL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. O0-\ 0 lp Petitioner, vs. DBPR Case N° 98-80513 YANICK CADET, Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Florida Department of Business and Professional Regulation. hereinafter referred to as "Petitioner," and files this Administrative Complaint against Yanick Cadet hereinafter referred to as "Respondent," and alleges the following: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the e re Administ ative Complaints p pursuant ‘to the laws of the State of Florida, i in particular 8 20. 165, Fla. Stat.. Chapters 120, 455 and 475, Fla. | Stat, and the rules promulgated pursuant thereto. 2. Respondent Yanick Cadet is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 0630377 in accordance with Chapter 475. Fla. Stat. 3. The last license i issued was as a a salesperson without a current employer a at 9361 Sunset Strip, Sunrise, Florida: 33322. Ree ili, MCU FDBPR v. Yanick Cadet Case No. 98-80513 Administrative Complaint 4. On or about January 22, 1998 Respondent terminated her employment as a salesperson with Markon Realty & Management Inc. (““Markon”) 5. On or about January 26, 1998, Respondent became employed as a salesperson with Patterson Realty & Management Inc. (“Patterson”) 6. On or about January 19, 1998, Respondent’s employer, Maria Hong Holness (“Holness”), broker at Markon, discovered a contract in the Markon’s office that the Holness claimed was not made known to her prior to that time. 7. The contract, which was discovered on January 19, 1998, was between Moises as seller and Coles as buyer, buyer being Respondent’s brother and closed on or about December 29, 1998. Contract and closing statement is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 8. On or about January 26, 1998, when Respondent began new employment with Patterson. Respondent took the Moises/Coles contract with her. 9. On or about January 27, 1998, Holness contacted Patterson’s broker, Charles Patterson stating that Respondent had taken files that belonged to Markon. 10. On or about J anuary 27, 1998, Patterson confronted Respondent who admitted to taking the file “inadvertently”. 11. Shortiy thereafter, Respondent returned the missing file to Markon. 12. Markon never received the commission due on Moises/Coles contract in connection FDBPR v. Yanick Cadet Case No. 98-80513 Administrative Compiaint with that contract. but was made whole by adjustments to other transactions. 13. On or about December 29. 1998, Sawgrass Title & Escrow Inc. received a fax from Markon’s office authorizing commission be paid to the buyer, Respondent’s brother in the Moises/Coles closing signed by Respondent and Holness, the broker at Markon. Authorization is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2 14. Holness claims that her signature on the authorization is a forgery and that she never authorized Markon’s commission to go to any other place than Markon. 15. Respondent claimed that she had verbal permission to sign Holness’s name, when Holness was out of the office, to the authorization i in order to close the deal for the cost of certain ; repairs and waive her own commission in favor of her brother. Respondent also claimed that it was common practice for Holness to authorize Respondent to sign documents and correspondence for her. 16. On or about F February 8 1998, Respondent s employment was $ terminated by Patterson. . — 17. Holness alleged that i eeepondent took another file that belonged to Markon when she and Respondent r returned any ‘related documents i in her possession. FDBPR v. Yanick Cadet Case No. 98-80513 Administrative Complaint COUNT I Based upon the foregoing, Respondent is guilty of having operated as a broker while licensed as a salesperson in violation of $ 475.42(1)(b), Fla. Stat, and therefore in violation of § 475.25(1)(a), Fla. Stat. COUNT II Based upon the foregoing, Respondent is 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 violation of § 475.25(1)(b), Fla. Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate C ommission 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, suspension of the license or registration 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 i Investigative costs, i issuance of a reprimand, imposition of probation subject to terms including, buts not limited to, requiring the licensee to complete and pass additional real estate education c courses, publication, or any ¢ combination of the foregoing. See 5 475. ; 25(1), Fi Ta. Stat. and Rule 12-3 24 001, Fla Admin, Code. The pales which may be impose for violation(s) of f Chapter 455, F la. Stat., depending upon the severity of the offensets), include: revocation of the license or registration, suspension of the license or registration for a period not to exceed ten (10) years, imposition of an administrative fi ine of up to $5,000 fore each count or offense, 4 FDBPR v. Yanick Cadet Case No. 98-80513 Administrative Complaint imposition of investigative costs, issuance of a reprimand, imposition of probation subject to terms including, but not limited to, requiring the licensee to complete and pass additional real estate education courses, publication, restriction of practice, injunctive or mandamus relief, or any combination of the foregoing. See § 455.227. Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this Bo day or Fapoiny . 2000. ME tebty Department of Basics 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 o™, Orlando, Florida 32801-1772 : (407) 481-5632 __ (407) 317-7260 FAX. ‘ Ul Sree” FDBPR v. Yanick Cadet {j2-Case No. 98-80513 Administrative Complaint ~ GC/k PCP: HE/CS 1/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving t this type of agency action. 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. i d 4 i i i i Bo Cake ‘fs DEPOSIT RECEIPT AND CONTRACT FOR SAL AND PURCHASE UF FHA, VA or CONDOMINIUM/HOMTOWNER'S ASSOCIATION CORTR ADDENDUM REQUIRED.) Ele Ay fe BUYER __LESLY COLES —. of . Tat: ( SELLER ___ANTONINE-—MOISES. ere : ot ww LTA ( hereby agree that the Seiler shait sell and Buyer shail buy the following rear property (‘Reai Pronerty*) and personal property (Petsonaity’) (collectively “Propeny”) upon the following terms and conditions wich inciude the Standards for Real Estate Transactions inciuded herein (“Standards”) and any addendum to this Contract. 1 LEGAL DESCRIPTION of real estate located in BROWARD... _. . County, Fiorida, Tax Folio # 494219110230--- ORIOLE ESTATES SEC 4 61-6 B COMPLETE PROPERTY ADDRESS: 4361 NW.36th Avenue, wl . . . J Addenent . 2 Seller represents that the property can be used {or the following purposes _. _. 2. PERSONAL PROPERTY INCLUDED: All tixed equipment, all window screens. !:eatinents ang natdware, all wall-to wail or attached “oor coverings and attached lighting fixtures as now installed on said property. Also inciy {are the checked major appiiances, range _y__, refrigerator _.,___, dishwasher ___.. disposai _ microwave Gven trash compactor _. washery dryer __., ceiling fans se. Poot cleaning equipment Lauderdale Lakes, Fl. me Vet 1 ANOIFONAL PERSONAL PROPERTY INCLUDED: 2 PERSONAL PROPERTY NOT INCLUDED: 3 LEASED EQUIPMENT: 3. PURCHASE PRICE IS: (In U.S. funds}... ..... bee eee -: $69,000.00 METHOD OF PAYMENT: * Deposit herewith ee -- $ 1500.00 2 Additional deposit due within _ Time is of the essence as to additional deposit J § ALL DEPOSITS TO BE HELD BY: __MARKON.REALTY & MANAGEMENT; 2 Amount of new note and mortgage to be executed by the Buyer 'o any tenger other tran pe 3 62000.00 TYPE OF MORTGAGE: ICHECK ONE) (x 7 Conventional, ( ) FHA, ¢ 3 VA tH FHAor VAsee Acdenguny ICHECK ONE) (xy) Prevatiing Rate & Terms or +} Interest Mate 4 and Term Years “a (CHECK ONE) (x ) Fixed Rate, ( —) Variable rate with a maximum ceiling of a Other terms: . __.. a vee eee 4 Existing mortgage balance encumbering the property to be ASSUMED by ine Buyer approximately So. _ Name of the mortgagee __ > ee ee —. Loan No. week ee oe {CHECK ONE) ( 3; Fixed rate nol to exceed the rale of oS per annum { ) Variable current rate with a maximum ceiling of wot Balloon Mortgage: ( )Yes ( )No Balloon Due Date: Other terms: a . . 5 Purchase money note to Seller to be secured bya} Istor( y Monaage. Dearing interest at the rate of _ *% with payments based on n per annum or payable $__” principal and interest per Soo Le Balloon Mortgage: ( )Yes ( )No Balloon Que Date: _ en. Oueonsale: ( )Yes ( )No No prepayment penaily. 6 OTHERCONSIDERATION: eee $ 7 Anproximate additional payment due at closing in U 5. currency or LOCAL ~asimers creck . (does not include buyer's closing costs and/or prepaia stems) . vee see eee $..6,500, 00... 3 TOTAL PURCHASE PRICE................... coe cee coe 4 TIME FOR ACCEPTANCE: If, by 5:00 p.m. ee a 19 ___. US oifer is not executed by all parties and delivered to ail parties or their agents, this offer is withdrawn ang aii deoosil(s) will be returneo to the Buyer. FACSIMILE: A legible facsimile copy of this Contract and anv signatures hereon snail be consisered for all purposes as originals, CLOSING DATE: This Contract shall be closed ana the deed and nessession $- JUNE i __ 9 gg unléss extended by olfier provisions of this Cc oon ba deivered ae or nefore they 4th swat ract or separate agreement PAGE | OF 4 sear pinean con 2 7 Ht 7) 7 “4 i y i 32 races 7: This Contract represents the final agreement of the And) 3 no Agreements OF fecresentanens unless incorporated into this Contract. snail be 2-cing on anv of the cartes. Typewntten orovisions shail sunerseon onnieg eroweons ard nanawenen ew owsions shall supersede typewnitten andior orinica orev-sicns. Such handwatten of typewntten erosions as are anpropnaie may ce mend on gus form ar attacneg hereto as an addandum tke eflectve aate of irs Contract snail be the day upan which it becomes tully executed by all panes, 33 CONCURRENCY No representation is made regaraing the ability to chanae th Goverment Comorerensive Planning and Land Oevelooment Requiaton Act (Chanter 162 et sea. ordinance promugated by céliréihng govemmental authorities in accordancé widi the Act % FIRPTA All carves are aavised that the 1.A.S. code reaurres the Buyer to withhold ton percent 11974) of the enies ence ter tax on sales by certain foreigners. The tax woi be winnes unless affidavits of compliance with the | AS. code or ani RS auautying stiement are proviand to Buver at closing. 38 DISCLOSURES ' Baden Gas Sadon ss a naturaily occurring racioactive gas that, when it has accumumted na buriding in suticinat ¢ astses niay sresant health fiks to Persons wito are exposed to it over time. Levels of radon that exceed federal and state quioatinns nave deen found in oudings in Florida, Additional information ‘tegarding radon ana racon testing may be obtained from your county public hoalth unit 2 Enery.é'>ercy Baling: “in accordance with the Florida Building Enoray Elficienry Maury Act (Chanter § Property wih a ‘ng for occupancy located thereon 1s notified thal the Buyer may rave ine pulding $ erers acknowledges recr'ot of the “Florida Building Energy-Elficiency Rating System: Disclosure 3 Closing Coss’ uyer may be required to pay additional closing costs, including cut nctimned to attcreny scons casuaity insutance premiums, Property lax proranon, recoraing costs, survey costs. and costs associated with obtaining neing, suchas arcucaten lee apprarsat fee. credit report fee, ‘Owner and mortgagee une insurance premium, taxes, and points or assumption foe SPECIAL CLAUSES: vse of, or umerove :-@ suciect property under the Local ‘orida Statutes) er any comprehensive plan or other similar "Ext FS (1993)}, the Buyer of Real ency rating determined ~ Buyer t ADDENDUMIS) ATTACHED: (CHECK ONE) ( ;Yes ( )No 19 Date ae IIL Social Secunty or Tax 1.D, # _. Sociai Secunty or Tax 1D. # _ ee Deposit receiveo on 5/43/97 19. _ 9 be hed succect to tnis Contract: « cnecx eudject to clearance. Escrow Agent: MARKON REALTY. 2 MANAGEMENT - °"" see ee ee ACCEPTANCE CF CONTRACT & PROFESSIONAL SERVICE FEE: Tie Se 9: nerecy approves 2-9 accepts the offer contained herein and tecognizes 4EYS wee ee Address: __ Phene Ho _ __ AND - MARKO REALTY _£_ MANAGEMENT ;—IN@;——-- ---- - as Setiing Broker in this transaction. on Qo! 1233-4438 th—Avente— Lauderhill; ru 7?" 486-5068 FoKer MUS IO #4454 __ (CHECK ang CCMPLETE THE ONE APPLICABLE) (IF A WRITTEN LISTING AGREEMENT IS CURRENTLY IN EFFECT: Seller agrees to pay the Broker(s) named above according 10 the terms 7! an existing, separate writen professional service fee agreement: ‘a Broker in this transaction () IF NO WRITTEN LISTING AGREEMENT IS CURRENTLY IN EFFECT: Seller shail pay ine Broker(s) named above, at closing, ftom the disbursements of the proceeas of the sale, professional service fee in the amount of (COMPLETE ONLY ONE) % of gross puren: once ORS ___._. for Broker(s) services in ellecting tne 2'e by finding the Buyer ready willing and able to purchase oursuant In the foregoing Contract. [tf Buyer fails to perform anc deposi(s) is retained, 50% thereof, but not exceeding the Broker s fre above provinag, shall be paid Broker. as full consideration ‘or Broker's services including costs expended by Broker. 3°90 the nalance shail be oaia to Seller. SELLER a te we SELLER Date Alls a 4q 19 Date Lo. . re |: a Social Securty or Tax 1.D. # oe Social See: oe THIS IS INTENDED TD 8E A LEGALLY BINDING CONTRACT if not fully understood. approved by the Browsra County Bar Associaton and the REALTOR Associaton af Greater 7 of the terms ani “252208 in ts Contract should be accepted by the parties ya pares + based unon ine ‘escective interests, objections and bargaining positions af ay teraeted patios y) #10 signing. This form has been not constitite an epinion dist any Leanenitions should be ngg igen as 4 PAGE 4 OF 4 ime 7386) 1 4 iad LF) fet A. Settlement Statement (LS. Departin and Urban Developmen _B. Type of Loan ] cnt of Housiiarg aN WT OMB No. 2502-0265 10 FHA 2.0 FinkA 3. Cony. Unins] 6, File Number 410 VA 5.) Conv. ins, 978-204 C. NOTE: This torm is (urnishea to give you a staicment oc aciial Sctti Items marked "(p.0.c.)” were vaid outside the closing; they are s D. NAME OF BORROWER: ADDRESS OF BORROWER: 5272 NW 94TH TERRACE, St fi. NAME OF SELLER: ANTONINE MOISE ADDRESS OF SELLER: F, NAME OF LENDER: LENDERS FINANCIAL SERV ADDRESS OF LENDER: G, PROPERTY 4361 NW 36TH AVENUE LOCATION: LAUDERHILL, FL 33319 H. SETTLEMENT AGENT: SAWGRASS TITLE & ESCRO LESLY COLES and GLADYS COLES UNRISE, FL 33351 Cop PY 47 MCKEEVER PLACE, #f15-\. BROOKLYN, NY 11225 i001 W. CYPRESS CREEK ROAD, SUITE 408, FT. LAUDERDALE. FLORIDA 33309 7. Loan Number | 8. Mortgage insurance Case Number 127407 pent costs. Amounts paid to and by the scilgment agent are shown. vn here tor informational purposes and are not included in the totals. | ‘tough nai ICES, INC. MW. INC, 8551 W. SUNRISE BLVD.. SUITE 100A, FT. LAUDERDALE, FL 23322 TLEMENE DATE: LZ/OR 1EEROM BOX OWL py OF SETTLEMENT: S851 W. SUNRISE BLVD. SUITE 100A, . LAUDERDALE, 33322 1K. SUMMARY OF SELLER'S TRANSACTIO! 1400. GROSS AMOUNT DUE TO SELLER 69,000.00) : Fog huss Lor isms paid by sector in advance | 406. City/town taxes ‘ 4 O7.Cumty tases tug Ascenso 1 420.GROSS AMOUNT DUE TO SELLER. 69,120.97 SOOREDUCTIONS IN AMOUNT DUE TO SEELER, ALExccss deposit iscv insiructi 2U2,Scttlcment charges to seller(line 1400) 5,980.00 OLEs sting [oan(s) taken subject ge ___ 504, Payulf of first mor 49 > ET Martgape Companies. S10, Cityhown taxes 2L1.Countytaxcs. SIZ Assessments, 220.TOTAL AMOUNTS PAID BY OR IN BEHALE OF BORROWER 300. CASI At SETTLEMENT FROM/TO BORRUWER 303.CASH XI From To BORROWER — > 12,299.21 PAGE I Q1997 Diepley Sparen, ue, 1241) TELSESE» Later Geneeaterd §5,234.5 O9,120,0 55,2345 SELLER > 13,886.4- “le, yo 603.CASH To OO From 4} A HUD-1 (3-86) RESPA, IIB 4305.2 i : i ’ i serene te PAGE 2 Paid Fron Paid From , f " Borrower's Sclter's 2.070.000 so Markon Realty. Funds At Funds At 702, 2,070.00 lo Keyes Company: Settlement Setttement 703, Conuni at Se 704. i) 800), Items Payable In Conhection With Loan SOL Loun Origination Fee Os Altermave Niece Bf 2. on iscount. % ey 803, Appraisal Fee —o_ Silver Patm Appraisal R04 Credit Report Alternative Mortgage 805, Underwoune Fee to Lenders Financial Services, ine. SUG _DocumeutPreparauon Fee te Lenders Financial Services, duc. 80Z_Courier Boe__ to Lenders Financiak Services, Jac, B08. Tas Service Fee 0 Lenders Financial Services, Jac, e} i Lender Lo Be Paid In Advance 1OUL Hazard insurance 2__nonths @ A8.58__ per monyh, OMS setuonth vily propert months @ ___ Termeni: y 4__nonths@ __ 11.62. per month 1005, Annuat assessments months @ ermontn, 4006. Flood Jusurce 8 uibs@ 2007 permonth 1007, months @ rermonta + 1008. Inonts @ _ ier monty om UOL Settlement or closing fee to_Sawerass Tithe & Escrow, Lue, 2.00.00 | U2, Abstractor uve seme to Sawerass, Lite & Escrow, Inc... ~250.00 03, Tile examuuation to Sawyrass Title & Escrominc, | Ss 1104. Title insurauce binder 4.10 1105, Pocument preparation___ to Paul M, Bloomparden, PAL ee eee — 375.00 AL0G. Notary Ives 40. - 1107, Atuiney s tees fu a wo ee. jH————Lincludes above items numbers: 108. Title insurance ty Saworass Tile & Escrow. lnc, ——~lincludes above items numbers: L109, Lender's coverage: Risk Premiym 25.00 INS AMT: 62,100.00 41110, Owners coverage: Risk Premium 396.75 ——— NS AMT: 69,000.00), - LUL10a Endorsements: FF9-42, 18; ALTA 8.1-25.00: 8 ALLL Tile Rec i fo Sassy Title & Escrow, luc, Os 1112. Tax Search to Sawerass Title & Escrow, Inc. 25.00 | 3 CHa as | . ; es: Deed $6.00; Mortrapets) $42.00; Morteagets) ; Releases $6.00 axéstams. Ded _; L-Mortgagets) $124.20; S-Mortgigets) Dees La ag 5: SMorigarcis) 483.00 } 1204. AffidavivCMA/Death Cert/Non-Tax 24.00 | nary Nati 00 1300, Additional Settlement Charges 4301. Survey to First Financial Surveyors 175.00 | pichensive Inspection to Action Inspections — —_—_173.00 AW3 CourierFodhs to Sawwrass Tile & Escrow Ane, 45.00 | — 481.00) | t9_Yanick Cadet 215.00 aweruss Ti W(X 1401), Total Settlement Charges (enter on lines 103, Section j and S02. SectionK) > 5,803.90 5,980.00 | vag an pa weynawip ne wow a. CERTIFICATION Dy 17/98 ¥ reviewed the HUD - 1 Settlement Statement and (o the best of my knowledge and belief, il is a wue and accurate statement o receipts and * disbursements made on my account or by me in this transaction. | fusther cenily that | have recerved a copy of the HUD - 1 Scttlcment Statement. Po Al: at Borrower .Seltyr LESLY Cake n : “ANTONINGAOISE: : i rm) i . + Borrower Seller GLADYS COLBS - _ The Hud-1 Seitiement Statement which [ have prepared isa true and accurae account of this transacuon. i have caused the funds to be disbursed in accord. ance with (his statement, } SAWGRASS TITHE & ESCROW, INC, 7 Svttlement Agent ——L8 ate make dalfe statements tw the Uiniled States on this or any other simiiar form. Penalties upon conviction can include a ile 18 U.S. Code Section #001 and Section i010. 978-20 ele ak le SAWGRASS TETLE MOTSE sale to COLES 4361 NW 36th Ave. PLEASE APPLY THE 38 commission ($1570) DUE TO MARKON REALTY, $1570 reflects a DEDUCTION OF THE ESCROW DEPOSIT BEING HELD BY MARKON REALTY. TOWARDS THE BUYER'S CLOSING COSTS. AS AGREED BY; nan ‘ALES AGENT/ YANICK CADET LOB Fee MARKON REALTY BROK ARIA KONG she BNO Bd PRT eed ter DATE /2- 22-8?

Docket for Case No: 00-001616