CO Y=) PH | STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, JO _ / Ve 7 Petitioner, vs. FDBPR Case N° 99-81447 DANIEL S. BURDAK, Respondent. / ADMINISTRATIVE COMPLAINT "The Florida Department of Business and Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Daniel S. Burdak ("Respondent"), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State __-of Florida, including § 20.165, and Chapters 120, 455 and 475, Fila Stat and the tules ; promulgated thereunder. - oe . 2. Atall material tes Respondent was a licensed Florida real estate broker, issued license numbers 0324756 and 0235473 in accordance with Chapter 475(Part I), Fla. Stat. 3. The last license issued os asa broker, ta Brickell Investment Realty, 905 Brickell Bay Drive, Tower 11, Lobby 227, Miami, Florida 33131 and c/o Four Ambassadors Realty, Inc., Sr op renee ae FDBPR v. Daniel S., Burdak Case No. 99-81447 Administrative Complaint 905 Brickell Bar Drive #227, Miami, Florida 33131. 4. At all material times, Respondent Burdak was licensed by Petitioner as a real estate broker, t/a Brickell Investment Realty. 5. Prior to November 3, 1998, Guillermo Martinez Guerra (“buyer”) contacted Respondent for the purpose of locating real property to purchase. 6. On or about November 3, 1998, the buyer delivered to Respondent a check made payable to Brickell Investment Realty in the amount of $1,000.00 as earnest money deposit. A true copy of the check is attached and incorporated as Exhibit 1. 7. On or about December 4, 1998, Respondent facilitated a contract for sale and purchase between the buyer and Abraham Azqulay (“seller”) regarding real property located at 905 S. Bayshore Drive, Unit 730, Miami, Florida. A true copy of such contract is attached and incorporated as Exhibit 2. . 8. Respondent operated as transaction broker. 9. Respondent failed to provide to the buyer the agency notices required under Sections 475.276 and 475.278(2), Fla. Stat. (1998). 10. On or about December 41 998, the buyer delivered to Respondent a check made payable to Brickell Investment Realty in the amount of $9,400.00 as additional earnest money, deposit. A true copy of such check is attached and incorporated as Exhibit 3. 11. The subject contract for sale and purchase provided that the transaction would close creme repre , FDBPR v. Daniel S., Burdak Case No. 99-81447 Administrative Complaint on December 29, 1998. 12. By letter to the Respondent dated December 22, 1998, the buyer advised that he would not close the transaction. A true copy of the letter is attached and incorporated as Exhibit 4. 13. The transaction did not close on December 29, 1998. 14. Between Deceniber 29; 1998 "and February 2; 1999, Respondent received oral or written conflicting demands on buyer’s $10,400 deposit. On February 2, 1999, Respondent sent a letter to buyer offering to disburse only $2,500 of the total deposit to him, with the remainder split between the seller, Respondent and an attorney (a true copy of such letter is attached and incorporated as Exhibit 5). 15. By letter dated April 9, 1999, Respondent belatedly notified Petitioner and the FREC of conflicting demands and/or a good faith doubt as to who was entitled to the earnest money deposit. A copy of the letter is attached and incorporated as Exhibit 6. 16. Rule 61J2-10.032(1)(b), Fla. Admin. Code, provides: A broker, who has a good faith doubt as to whom is entitled to any trust funds held in the broker’s escrow account, must provide : written notification to the Commission within 15 business days ' g such doubt and must institute one of the settlement se forth i in s. 475.25(1)(d)1., Florida Statutes, lays after having such doubt. The determination of good faith doubt is based upon the facts of each case brought before the Commission. Based upon prior decisions of the Commission, good faith doubt shall be deemed to exist in the following situations: FDBPR v. Daniel S., Burdak Case No. 99-81447 Administrative Complaint 1. the closing or consummation date of the sale, lease, or other real estate transaction has passed, and the broker has not received conflicting or identical instructions from all of the parties concerning the disbursement of the escrowed funds; 2. the closing or consummation date of the sale, lease, or other transaction has not passed, but one or more of the parties has expressed its intention not to close or consummate the transaction and the broker has not received conflicting or identical instructions form all of the parties concerning disbursement of the escrowed funds; COUNT I Based upon the foregoing, Respondent is guilty of failure to make disclosure regarding agency as required by § 475.276(2), Fla. Stat. (1998) and therefore in violation of § 475.25(1)(q), Fla, Stat. (1998). COUNT II Based upon the foregoing, Respondent is guilty of failure to make disclosure regarding brokerage relationships as required by § 475.278(2), Fla. Stat. (1998) and therefore in violation of § 475.25(1)(q), Fla. Stat. (1998). COUNT I Based upon the foregoing, Respondent is guilty of failure to provide written notification to the Commission within 15 business days of the last demand or good faith doubt of the procedure “instituted to resolve the escrow fund dispute and must institute one of the settlement procedures as set forth in § 475.25(1)(d)1., Fla. Stat. (1998-1999), within 30 days after having such doubt, in “imposition of investig FDBPR v. Daniel S., Burdak Case No. 99-81447 Administrative Complaint violation of Fla. Admin. Code R. 61J2-10.032(1)(a) (1998-1999) and therefore in violation of § 475.25(1)(e), Fla. Stat. (1998-1999). 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, Fila. Stat., depending upon the severity of the offenses), include: revocation of the license, registration, or permit; suspension of the license, registration, or : permit for: a a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; 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; restriction of practice; injunctive or mandamus a | — FDBPR v. Daniel S., Burdak Case No. 99-81447 Administrative Complaint relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this Loe day of Leh Hiledtd , 2000. fahaneeng att Ment of Profs *SS8icnal Reg Department d , Division of Real Estnta suletion Professional Regulation wm ead ® Gy By: Herbert S. Fecker, Jr. ae Director, Division of Real Estate a ATTORNEY FOR PETITIONER Robert W. Burijon, Jr. Florida Bar N° 434485 Senior Attorney, Real Estate 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 “RWB/kK PCP: DS/LJ 2/00 Oo ca NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. PRN ee ee meinen are oe Ww v7) FDBPR v. Daniel S., Burdak Case No. 99-81447 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. t i t i t i i i } ee ys D Nov DCRELL [WUZSTMERT RERLTY 6 1.6 C TUOUSAND NationsBank ly a U0 OSLO UL an g3000047 00306088937 ee ahi sible nn a OCB 4 wie w 0099 A SURAT REET TETIET RATIVE COMPLAINT olT # i] Lor fp pe ‘Dy 18 2, PURCHASE PAS Aperereree payable by Guyer in U.S, currency as follows: uur ent basva iA wy ig uu Reeidential Saie and Purchasas:Contract FLORIDA ASSOCIATION OF REALTORS® 1. 9ALE AND PURCHABE: ApMAMAN AEQUIAY ve, Sel and GUI: TIMEAGUERRA. (Buyer) agrve ta call end Buy on the terms end conditians specriad below ihe property descnbad as: Address: 903 3 BAYSNORE DR UNIT 739 _———---. MIAB? 2233191 Courty: DADE _ Lega! Description: FOUR PHA 3-111 735 __ _ Taw 10 No: 01-42-07-002-3340 wooeiner wih aH improvements snc atlechad Heme, induding fituras, builtin furnishings, dullhin eppliancean, tailing fans Sigh Axwres, siieched wailiowes carpeting, rode, draperies and other window covenngs. fhm only other itema incudes 10° fn ihe purchase are; Ww oe 12° unaaee OO: ~. nn 13° The following attached liens are excluded tram ihe purchase: tar 18 1@ real and personal pro 6 special aH arraunt equal fo the (ast estimate of the sasessmant: up to i) 3z sat a 36° ces 3? see 3e 60 at na 3 ne as us or 68° 3a 70 a Pas 73 vd as juscribed shove a=. in (3 referred to as ropwny.” Persanal property Raica in this Contract In the sates a. velue end is owing sft for Seifere convenience Flol,aoo “Uopwood CPR: LS, (abs 1,990.90 Oupoait received (checks ere subject @ clasrance) December 03 | 19 98 by tor BRICKELL INVESTMENT REALTY Dw Ayer — REE SESE? REALTY _(C Escrow Agent’) : : eee — eam Aa 1 42C 9 ann.00 Addlonsl deposi ta be made by Decmnber 09 18 86 i > Total Financing (see Paragraph 3 batew) (expmss 95 2 dollar amount or. percentage) Ve < p Omer: - —_.—-—. Bi <3 95 isyeee-20 —Galenoe to dose (nat including Buyers coving costs. prepaid llema and rorations) All funds PELE O paid af closing must be paid by locaity drmwn cashier's check or wired funds. ) FINANCING: (Check as appicabie) ("} (a) Buyer wii pay caah far the Property wih na Anancing coniingency Ej () The Conve @ eenangent on Beyer quativing fr end chaning (1) andter (2) Bairne (mo Fienana’} by 10____ (if loft Blank then Closing Dato or within 36 days from Effective Outs, wnichever occurs 130 CF 5] A cornmrepmenn tor peer i) cxwentenelj PHA (Lj VA tnancing fer 8 r 70.060 % of tre perctings orice (pun shy sppticabe PMI, MIP, VA funding fee) at he Drevaling interest rate end joan cosis ill FHA or VA, nee aliached addendum) LHK2) Aporoval for Salter finencng of assuenption of mortgage (see attached addendum}. Buyer will apply for Financing within = § wmployment, finance and other infermatio: diigenes Bnd good faith. oenot obtain ine Financing, of (li) the Finanging ie denied Recause the Prope: Durchase pries and ciiner Guyer eieda not im protend of ihe pares ere unable to renegotiate (hw purchase prica Upon comcatiation. Gurywr wit retin ail Balerprevided Wu evidence. ciirveye end ewseniebon documents ana @uyers cepori(s) wil br rolumned after Eacrow Agant receives proper authorizauon from ail injereated panes, cLosina & CLOMING DATE; OCCUPANCY: This Convact wil be closed ans me cuse and possession dohvered of Dai cz 29 18 98 CCinsing Osteo"), untede extended by ether Provisions of this Contact, The Property will ba swept claan and talbve peraans! comeved en ot Dette Cloving Cate. It on Cleans Dew insurance urdermiting Ib wicpended, Buyer may posipane dusiny up 10 3 deve 5. CLOSING PROCEDURE; COSTE: 1 Me imuence tures Guyer for ote detects ationg bermwen me ttle binder efiectyc date and recording of Baiyer'a deed, casing egant mil disburse a cloning ihe net sale proceeds io Seller and brokerage (ees 10 Broker we per Paragraph 18, In edditian ts oiner pan rovided in this Contracs, Seiler and Guyer will pay the costa indicated Salow {a) Getter Costs: 1 will pay inewe Aird evileaes on the deed end recording fees fos documnwils needed (Lure (lis Certified Confined and ratit Basesement lene and, if i] werent! te substantisily completed as of Effective Dale un hone. (1 5% if feft Blank) of the purchase price for repairs warranted itera (‘“Raepaic Limit") and up to (75% of left blank) of tne purchase price i wood destroying organi ineotnant and repairs {Termite Repate Li (b) Buyer Coste: Buyer wil pay tame and racarcing loos on noles ond Morgaeges;, recording feas on the deed and financing statements: joan expences, pending special asneasment liens: lenders lille policy, inspections: suey, fued insurance: Orner. (o) Thtiu Evidenes and Ineuwanas: ora 7 La (1) Setter ett provide a Paragraph 10(a)(1) owners lide insurance commtment a4 title avidance. aj Seller jy Buyer ww select the thie sgent. [) Getler _j Buyer wil pey for the owner's inie policy, search examination and related charges Each party will pay Ks awn closing lees. (El (R} Setter wii provice Ulle evidence as specined m Parograph 10(e2)._] Setter yy Buyer wail pay for me owners tle bolicy and seinci the We agent, Setter ee! psy fees for tlle sasrches prior ts elosmg, including tas seerch anc ten search (ees, and Buyer will sey feos for Mie seerches afer closing (if any). tite examination feea and closing tees (4) Prorations: The follewing items wal be made current (if appicable) and prorated as of tne day before Closing Usie’ mat estate laren, interes, Donds, aammsements, agsdcialion fees, inmurenee. rems and other cutrent expentes and revenues of ine Property, If {amen and assesaments for te current yeer cannot be defermined, the previous year's rates will be used wilh adjueuriomt for exemptions end inprovements, Guyer (3 response for property lex mcrease: ja to change in awnersnip {o) Tax WithiRalifing: Guyer end Batter wii comply with the Foreign irvesiment in Reel Propony Tox Act. which may require ‘Seiler lo provide ecationat cash at elaning if Seller js “forsign peraan” a2 Gafined hy federal jaw (f) Heme Warrenty: |) Buyer (_) Seller 1) WA wil pay form home warranty plan issued by _ + cost not to exceed 9 A heme waranty pian provides for repay or replacement of many of a home's imechanicay system and major bui(in lances m (he event of breekdeen due fo normal wear and (ear during the egreament period _ - PROPERTY CONDTION INSPECTION FERUQDS: Buyer wii tompire we inspeatiions referenced in Paragraphs 7 ang 6(a)(2) Uy {within 10 days from Effective Orie # ef Blank) Clhapectien Period); the woud-destroying organism inapaciion by : . 18 ____ {prler te clesing, fen blank): and (he walk-through inspection on the day before Closing (ntw aa ins soseaas epeaatis to wa per Guyer ( (___) ane Satter EB ) C___} acknowledge mcaint of a copy of ihis page, wiveh is Page 1 af « Pages Fade " 8 ©10GE Floride Aamwcmstion of REALTOR® (Ak Aight Rewrees CEL ete of Raat Gemma’ NY. a] Mahe Renee (ee Aatnaanters | Bevel Yeenterers WR. Bayt U1, Latihy Lows iend PL 32131 rwoonnesasiaa | OSM} SESS | ons SINISTRATIVE COMPLAINT EXHiniT # a pace | or_@ EXHIBIT___- PAGE Wi lie a vibes A Gor 16 MO ORKL Ldta5 KAS 1) Dov. 239 18. PROFESIPOMAL AOVICE: GROKUER LIABMLITY: Broker advines Guyer end Satter to verty all facie end representetons inat ZA0 ere importa to them and to sonsut an apprapnete professional for legal oduce (for exemple. interprenng contracts 241 ostermining the effect of laws on the Property and transection, sietus of (ile. foreign investor repurting requirements, sic.) and 244 for tes, property enndition, environments and other apecaized advice. Guyer acknoeiedges that Broket does not reside in ae 243 Property and thal ai representations (oral, writien of othansisa) by Braker ere ussed on Salling Fepretentaians or pain: rcv 245 uniewa Groker indicaies personal verification of he represeniadon. Buyer agrees to rely soley on Seiler, professional s2pocturs 245 qd government agenaes for verticatie: ef he Property condition, equare famtege and fects tet materafly slfect Prnpeny 248 vatue. Buyer and Salier rumpectvely wit Pay af coals and sxpences, induding ressonable aformeys' feos al all levels, incurrad hy 247 Broker and Broker's officers, directors, agents and employees in conneation with or @rising trom Guyera or Geller's missiatament 240 of Iallure te perform contractiel cbigations. Buyer and Sellar hold hemmiers and releaea Broker and Geoker's officers, director 260 agents erat empicyees fom ail sability for jess or damage based on (4) Beyer'e of Seller's missiaiement ur (edute {o portarm 250 oontrsctum obligations: (2) Broters performance, ai Beyers and/or Seller's requesi, of sny insk beyond the scape of services 251 reqguiaied by Chapter 475, F.1., as amended, @eluding Broker's relerrd, recommendation or retention of any vendor: (3) producis 252 of serdoes provided By any vendor; end (4) expenses incurred by any vender. @uyer ang Seller each ssaume full responmbiity (or 282 ssivaing end compenseling thew respective vendors. THis paragraph wil nol refeve Acoker of slalulory obligations. Fos purposes, _ at Wa paragragn, Broker will be treated as = pasty to inis Contract. Tins emragraph will survive closing. 286 19, GROMERS: The faenese(s) and Broherage(s) nemed below era cotectivety referred to ae “Eroher.” Geller und Buyer 268 acknowledge thet the broherages(s) named balew sre ihe prociting Geuse of tis frensacion instruction te Clusing Agant: Sailer 257 and Guyer direal closing agent lo disburse al closing the full amount of the Brokerage fees o2 wpeaied in sepmraie Uichorage 258 sqreemenia wih tho parties and cooperative egreemenis between ihe brokers. unless Broker has reiained such (nas feom tiie 259 ascowed funds In ihe ebaence of much brokerage agreements, dosing ager wail dsbuise orokersge fees ox indicated dviow 260° DANIEL BURDAK _ Maroc. perenne conees 281 Real Eetete Licevene Rea! Eatae 282° SRICKELY TRVESTHENT Pentty BRICEKLE. INVESIFENT REALTY 253° Broker’ &rplewage Are” a4 Brekat ¢ Brwmerege tee a4 _— we ADDENDA AND ADDITIONAL TERMS 285 20. ADDENDA: The foflowing adunional terme are (noluded in addenda end ncorporsied into Me Contract (check if epplicadle} 708" (1 4, Condo, Assn. Ll G, New Mert. Rates LM, Housing Outer Persons = S. Sele ef Buyer's Property 267" LZ 8, Homeowners’ Asan. id 4. Aale wRight to inapec! tad, UnimprovedAg, Prop aj T. Rezoning 269° LJ C. Gellar Financing (J 1 Gettespecians 1) O. Intereat-Beasing Accom! _} U. Assignment 20° 1) 0. Mon Assumption |) J, Insuiaten Glntosure ‘dP. Back-wo Contract, ad V. Prep Oieclosue Stnt. 270" ) E. FHa Financing 2K. Pre1678 Housing Sint (LBP) I} O, Broker~ Pere ini. in Prop. 3g Other AGENCY DISCLUSURE 270° LF. VA Financing LL. Flood insuranae Red, 1d R, Remate ac 272° 21. ADOTIONAL TERMS; 282 THis le intended te be m teyelty Binding sentrect If not fully Undarntoed, seek Cre aavics of an attumey price ta aigning cin] OFFER AND ACCEPTAWCE 204° (Cheuk M appiieatee! L] Guyer received a wrimn real property dintosure siztement from Setter before maxing itis Ofer) 288 Guyer effers to purmhese ms Property on the _adove terns end condi Uniess this Cantract ia signed by Sellar and a copy 288° doliverss lo Buyer no taler ten . 19 . Unio offer wit! pu revekeu 287 and Buyers deposit refunded subject to cles: ~~ 288" Onte- Buyer: zaer 200° Oute: ae 292° Prone: 209° Far: 236" Dale: alee 285° Tax (SSN 20-36 -SECE - Tea (OVSEN. the offer, Guyer yr" Qn oF initial Ihe counter offered terms and deliver a copy fe] ¥ . 104 ). (Lg Setler reyecis Buyers affer CL) actinowtadge receipt of a copy uf thle pege, whic! in Paye 4 of 4 Pages, jrrimee OF Rese Dowrammmertaen of REALTORS we Oe neha om = pare pry EAL trate M6 eapemere ton ve ky She ingat mektity wv mae aecy 9) we ‘to my Bric) Prey gpd Mibertalatenraention Tp ermh weet Tt aa Ps ton tawaty tin uae ove HER Tocpmeret catectne eremriereree Puan Wat mary bn vee! ory be me Reena} Ammmmmton of REALTOR arw who aurecrom ne aon oe ot hrm = ve 1 cov aga kewre od Item Units Dototamm (2 / (1.15, Cader} fe fo Oh omentum Peprectiaction oF Barth tener By ar HONS Husa (acer te In LONNIelle@Y fie PARAL Rew. 110 CORR Perkin anmcseton of MEALS Ad iikgre meee * (an Fernie Neem ct Reser Seated te COE, Ad fgg Rene, aaoo— “INISTRATIVE COMPLAINT EXHIBIT #2 a PAGE A or _@ 5, \ 4ecnions AND REPAIRS: od WUYER GUILESRMO HARTINEZ ZAMBRANO ate The rights and obligations arising under Standards D and N of the Contract are umited to the individual unit and do not extend to common elements, limited common elements. or any other pan of tre Property except the individuai unit. NON-DEVELOPER DISCLOSURE: \CHECK ONLY ONE) (a} (i THE BUYER HEREBY ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY Ot THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION, BYLAWS RULES OF THE ASSOCIATION, AND THE QUESTION AND ANSWER SHEET MORE THAN 3 DAYS EXCLUDING SATURDAYS. SUNDAYS. AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF THE CONTRACT {b) @ THE CONTRACT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS. SUNDAYS, AND LEGAL HOLIDAYS AFTER THE DATE OF EXECUTION OF THE CONTRACT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION OF CONDOMINIUM. ARTICLES OF INCORPORATION. BYLAWS AND RULES OF THE ASSOCIATION. AND QUESTION AND ANSWER SHEET IF SO REQUESTED IN WRITING ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE CF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD GF NOT MORE THAN 3 DAYS. EXCLUDING SATURDAYS SUNDAYS. AND LEGAL HOLIDAYS. AFTER THE BUYER RECEIVES THE CECLARATION. ARTICLES OF INCORPORATION. BYLAWS. RULES. AND QUESTION AND ANSWER SHEET '= REQUESTED IN WRITING BUYER'S RIGHT TO VOID THE CONTRACT SHALL TERMINATE AT CLOSING. BUYER'S REQUEST FOR DOCUMENTS: Buyer 13 entitled, at Seller's expense. to current copies of the condominium aocuments specified in Paragraph 5 above. Buyer (creck onty one} @ requests does not request a current cepy of the documents specified in Paragraph 6, above. if this Contract does not close, Buyer shall immediately return the documents to Seller o: reimburse Seller for the cost of the documents. BUYER'S RECEIPT OF DOCUMENTS: {COMPLETE AND CHECK ONLY IF corREcT) Gi Buyer received the documents described in Paragraph 6, above. on the day of see ee TE. i ; Pal ’ [pct 0 they woerintaconins sane MP) 877 ‘ae of Aram Fld JUYER - : Date SELLER ~~ Baie uR4 4 1084 Fonds Amoantion of Rui 21996 The Florida Bar and the Florida Associaton of REALTORS* | WY REAL PROPERTY SALES DISCLOSURE This disclosure shail modify and become a part of that cenain Contract for Sale and Purchase (Date prepared: ) 12/3/98 by and Between ABRAHAM AZQULAY as Seller, and GUILLERMO MARTINEZGUERRA ZAMBRANO as Buyer (o which this rider is attached. Buyer and Seller further agree as follows AGENCY DISCLOSURE: Brickell Investment Realty. ANTONIO G. PEREZ(Name & Title}. is by this document giviny notice to the Bd Buyer (_] Seller that & He C] She (CJ It is the ayent and representative ofthe PdBuyer CJ Seller 4 Transaction. N. ; Notice lo prospective Purchaser / Tenant. Radon Gas is a naturally occurring radioactive yas that. when itis accumulated in a building in sufficient quantities. may present health risks to persons who are exposed to it over time levels of radon that exceed federal and state guidelines have been found in buildinus in Florida. Additional information regarding radon and radon testing may be cblained front your county public health unit. Pursuant to 404.056(8), Florida Statues: MPENSATION: The Buyer / Seller acknowledges that ANTONIO G. PEREZ (Name of agent/agents) is/are being paid by the Xj Seller (] Buyer This notice is being given Pursuant to Rule 2-13 003 (2), Florida Administrative Code LATENT DEFECTS; SELLER represents that SELLER knows of no facts materially affecting the value or desirability of the subject Property. which are not readily observable, except for the followiny. which Seller hereby discloses to Buyer ( 2 3 4 ee Concerning the residential Property built before 1978 abovedescribed, “Every purchaser of any interest in residential real property on which a residential dweiling was built prior to 1978 is notified that such property may present exposure (0 lead from lead-based paint that may place young children at risk of developing lead poisoning, Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems. and impaired memory. Lead poisoning also poses a particular risk to pregnant woinen. The seller of any interest in residential real property ts required to provide buyer with any. information on lead-based pamt hazards trom nsk assessments or inspection in the seller's possession and notify the buyer of any known lead-based paint hazards. A rish assessment or inspection for possible lead-based paint hazards is recommended prior to purchase” Buyer has read and understands the above Lead Warning Statement and acknowledges receiving an Enviromnentai Protection Agency lead hazard information pamphlet entitled “Protect Your Family From Lead in Your Home” prior to becoming obligated under this Contract. (Check whichever one of the following applies) & Buyer has had a 10 day opportunity before signing the offer to conduct a risk assessinent or inspection far the presence of lead-based paint hazards and finds the property to be salisfactory CO Buyer may, within (0 days from the effective date of the sales contract, conduct a risk assessinent or inspection far the presence of lead-based paint hazurds, If the results are unsatisfactory to Buyer, Buyer may cancel this Contract by written notice delivered to Seller within $ days from the date of the assessment of inspection Seller knows of the presence of the following lead-based paint or lead-based paint hazards in the abovedeseribed housing and has provided Buyer with any iead hazard evaluation report in Seller’s possession ENERGY NCY: BUYER may have the energy efficiency rating of the building being purchased determined (Check either) SQ RUPEK does not request that the energy efficiency rating of the building be determined (J RUYER requests that the rating be determined as follows A. The inspection conducted to determine the rating will take place within days from the effective date of the sales contract. (J Buyer (J Seller will select an inspector quaiitied under the sules of the Department of Cominunity Atlairs to make the determination The cost of obtaining the ratiny will be paid by Ci Buyer (seller C1 Both parties equally . B_ The contract (is contingent un Buyer approving the rating. Suyer will deliver wiitlen nouce to Seller of Buyer's approval ut disapproval of the rating within 5 days from the date of the inspection. ; iy not contingent on Buyer approving the rating. Buyer wants the rating determined solely for Buyer's information Buyer acknowledges that this notice, as well as a Department of Community Affairs brochure on the Florida Building Energy Efficiency Rating System. was teceived al the time of or prior to Buyer signing the sales contract The undersigned acknowledge (3) that this written notice was received before the undersigned (s) signed a contractual oller or lease agreement. In compliance with 475.25 (1) (q). and $53.996, Florida Statues. and Rule 2 V-10.033. Florida Adminisfrative Code. Date’ Te Pace Ye oO 76 *ok PROPERTY DISCLOSURE: Seller represents that shodroes fot know of any tacts that malenaily affect the vaiue © 77 the Property, including violations of governmentat laws, rules and reguialions, other than those thal Buyer can faadily observ 78 of that are known by or have been disciosed lo Buyer. le 79 (a) Enargy Efflelancy: Guyer may, within the inspection Period. have ihe Property's energy efficiency rating delernined, bul nr 80 contingency or repair obligation 1s connected with (he outcome. Buyer acknowiedges receipt of the Flonda Building cneruy at Efficiency Rating System brochure. if this is a new home. the builder's FL-EPL card ts aitached as an addendu's 82 (b) Radon Gas: Radon 1s a naturally oceurnng radioactive gas that, when it has accumulated in a buslding 1 sulficie: 83 quantities, may present health risks to persons who are exposed to il over tne Levels of radon that exceed federal ee Ba stata guidelines have been (ound in buildings in Florida. Additional information regarding radon anu radon lestiy inay oe 85 oblained fram your county public health unit. Buyer may. within the inspection Period, nave an approprialely hcensed perso: 86 test the Properly for radon, if the radon (evel excseds aéceplable EPA stangards, Selfer may choose to reduce Ine race or level to an acceptable EPA fevel, falling which either party may cancel this Contract. 88 (c} Fload Zone: Buyer is advised to verify by survey, wilh the fender anc wih appropnate government agencies winch flew 6g zone the Property 13 in, whether tlaod insurances fs required and wnat restrictions apply fo improving lhe Froperty and revuiidue 90 in the event of casually. If the Propeny ts in a Special Flood Hazard Area or Coastal High Hazara Area and Ihe buiidings are bu v1 below the minimum tlood elevation, Buyer may cancel this Contract by delivenng wiitten nolice lo Setter wilhin 20 days tro 92 Effective Date, failing which Buyer accepts tne existing eiavation of the Bulldings and zone designation of Ihe Proper. vs 6. MAINTENANCE, INSPECTIONS AND REPAIR: Selier will heap tne Fropeny in tne same condition trom eltective Uate ut ¥4 closing, except for normal wear and tear ("mainienance requirement’) and repairs required by tlis Contract Setter will prow ¥5 access and ulilites for Buyer's inspections. Buyer will repair all damages lo the Property resulting from the inspections ar 96 return the Property {fo its pre-inspection condition if Seiler ss unable to complete required repairs or treatinents prior * 97 closing, Seller will give Buyer a credit at closing for (he cos! of the repairs Seller was obligated to make. Seller will assign 98 assignable repair ang treatment contracts to Buyer at closing. 9g (a) Warranty, Inepections and Repair: 100 (1) Warranty: Seller warrants (hat non-ieased mayor apphances and heating, cooling, mechanical, electrical, securt 104 sprinkler, septic and plumbing systems, seawall, dock and pool equipment i any, are and will be mamntained in works: 102 candition unt closing; (hat tne structures (including rools) and pool, if any, are structurally sound and watertigi, 4: 103 that the Property has proper permis. Salier does not warrant and is not required fo repair cosmetic conditions. unies 106 the cosmetic condition resulted from a defect in a warranted item. Seiler ts mot obligaled to bring any Hein ir 105 compliance with existing tutiding ¢ode reguiations uniess necessary to repair a warranted item = “Vvorking conditicr 106 means operating in the manner in whieh the item was designed to operate and “cosmetic conaions” means ausitet 107 imperfections that do not alrect the working condition of the item. inciuding pitied marcie; missing or lor screen 108 fogged windows; lears, worn spots and discoloration of floor covenngs/walipapers/window [reatments, nad her: toy seratches, dents, scrapes, chips and caulking In bathroom calling/walls/flcoring/tiestixturesimurrors, and minor cracks 110” Hoor ties windows/driveways/sidawalks/poot decks/garage and patio floors. Wd (2) Protesstonai Inspection: Buyer may have warrantied items inspected by & person who specializes um and holds 12 occupational iicanse (if required by faw) to conduct home inspections or who holds a Florida license to repair and mama Ws the itams inspected ("professional inspector). Guyer must. within 5 days from the end of the inspection Pernod Geir 114 written notice of any items thal are not in the condition warranted and a copy of the inspector's written report, if any 115 Saller, if Buyer fails to deliver timely wntten notice, Buyer waives Seller's warranty and accepts the Herms listed 416 subparagraph (a) in their “ag is” conditions, except that Seller must meet the maintenance requirement iw (3) Rapair: Setler is obhgated only to make repairs necessary to bring wartanted items inte the conden warranted 18 to the Repair Limit. Seller may, within 5 days from receipt of Buyers notice of tems hat are not in the conti, 119 warranted, have a second inspection made by a professional inspecter ana wil report repair esumales {o Guyer I! 120 first and second inspection raports differ ana the pares cannof rescive the differences, Buyer and Seller together w 121 choose. and equally spit the cost of, @ third inspector, whose written report will be binding on the parties. Hf the cost * 122 repair warranted items equals or 13 fess than the Reparr Limit, Seller will have the repairs made in a workmaniike manne 123 by an appropriately licensed person, If the cost to repair warranted items exceeds the Kepair Limit, either party avs 124 cancel this Contract unless either pany pays the excess or Buyer designates which repairs to make al a total cost | teb Seller not exceeding (ne Repair Limit and accepts the balance al the Property in its “as is" condition. 126 (b) Wood-Destroying Organisms: “Wood-destroying organism” means arthropod or plant lite, imciuaing termiles. powuer-pe 127 Deeties, oldhouse borers and wood-decaying fungi, that damages or intesis seasoned wood in a structure. excluding tence: 128 Buyer may, at Buyers expense and prior to closing, have the Hroperty inspected by a Florida-licensec pest coniro! business 129° determine the existence of past or present wood-destroying organism infestation and damage caused oy intestation It « 130 inspector finds evidence of infestation or damage, Buyer will deliver a copy of the inspector's wrilten report to Seller within 131 days trom the date ol the inspaction, Sellar will have 5 days trom rece:pt of the inspector's report to have reponed dain 132 estimated by a licensed dullding of general contractor ana corrective treatment estimated by a licensed pes! contrat busines 133 Seiler wi have treatments and repairs made by an appropriately licensed person at Seller's expense up lo the ferimle Reoa 134 Limit. 1f the cost to {real and repay the Property exceeds the Termite Repair Limi, eilher parly may pay the excess, failing wn 135 either parly may cancel this Contract. Seiler is not obligated to treat the Property if (1) there 1s no visible live infestation (uj) 136 Property has previously been treated, and (iii) Sellar tansfers a current full teatment warranty to Buyer at closing. If Guyer taus 137 timely deliver (ne inspector's wniten report, Buyer accepis the Property “as 1s” with regard fo wood-destraying oryans 138 (infestation and damage, subjaut to the mamntenance requirement. 139 (c} Walk-through Inspection: Buyer may walk through the roperty solely lo verify that Seller has made repai's requied & 140 (his Contract and has met contraciual obligations. No oiher issues may de raised as 4 rasull ol the watk-ttrous 141 inspection. If Buyer tals to conduct this inspection, Seller's repair and maintenance obligations wil be deemed fultille: 142 9, RISK OF LOSS: {f any portion of tne Property 1s damaged by tire or othar casualty before closing and can be restore 143 within 45 days trom the Closing Wate to substantially the same condition as if was on Elective Uate, Seller will al Seiler , 144 expense, restore the Property and the Closing Oale will be extended accordingly. {1 the restoration canno{ be compietea Le 145 time, Guyer may accept the Property “as is" wilh Seller assigning the insurance proceeds for the Hropeily to Buyer al closin:. 146 failing which éither party may cancel this Contract 147 TITLE 1a8 10. TITLI will convey marketable title to the Property by statutory warranty deed or trustee, personal representative 148 guardian deed as appropriate to Seller's status. 150 (a) Titte “Evidence: Title evidence wi shaw legal access to the Property and marketable tile of record in Seller in accordance w 151 current litle standards adopted by the Florida Bar. subject only to the following Iille exceptions, none of which prevent residents. 192 use of the Property: covenants, easements and restrictions of tecord; matiers ot plat. earsting zonmy and govesnine: 153 ragulations, oll. gas and mineral rights of record if there is no righ! of entry: current taxes; mortgages that Buyer wili assume ar 154 sneumorances that Seller wil diacharge at or before closing. Seller wil, ‘prior to closing, deliver to Buyer Seller's chuice of one 155 the following types of title evidence, which must be generally accepted in the counly where the Property is located (specity 156 Paragraph S{c) the selected type), Seller wil use option (1) in Palm Beach County and option (2) in Dade Coun! ‘$7 (1},@ title Insurance commitment issued by a Florida-licensed litle insurer in the amount of the purchase price ar 758 SHES only to title exceptions sat forth in this Contract 199° Guyer {_ d¢ } and Seller ( [ih ( ) acknowedge recent ul a wpy Uf Ibis paye, whichis Mage 2 old Van ARAy aus ©1908 Flonde Associaton of REALTORS® Ail Rights Reserved i Guiness 4 Pe Nadi Nee 1 1008 Floriia Anencietion of Rantioys(9 hcermed tn CBF AN Rights Reserved z XHIBIT +} PAGE oy errr

\ i Sincerely, ! dy \ CUCL) < Guillermo Martinez Guerra Zambrano ANISTAATIVE COMP EXHIBIT Pace soo [ / ! EXHIBIT. 4+ PAGE Miami, February 2,1999 Mr. Guillermo Martinezguerra Zambrano Colombia, South America Fax 01 1-571-619-3582 Re: Return of deposit Four Ambassadors #730 Dear Mr. Zambrano: Greetings. Your friends were here in my office and | propysed the following to them regarding the return of your deposit. Guillermo Zambrano $6,400. Abe Azoulay $2,500. Brickell Inv. Realty $1,000. Andrew Gerrits, Esq. $ 500. As you know, the sellers attorney was here waiting for you on the scheduled closing date, at a time that you ayreed to. for several hours and vou did not appear at all. Please let me know your thoughts on the above at your earliest convenience Sincerely, BRICKELL # YN REALTY OX DANTEL S. BURDA AK Lic. Real Estate ee ADMINISTRATive COMPLAINT EXHIBIT # ron “ re PAGE — | OF a 999 Brickell Bay Dr. Suile # LOL, Miami. Florida S51: Terephone: (305) 372-0114 ¢ Fax: (305) 374-733 Fo Mail, clanwtnneteattys cen _ T™O78 OER Ie rr re2 se Pe Inrucslinent April 9, 1999 Department of Professional Regulation 400 W. Robinson St. Suite N. 308 P.O.box 1900 Attn: Linda Burda Orlando, FL 32802-1900 Fax: 407-317-7281 RE: Escape procedure & Escrow Disbursement Order Dear Ms. Burda: The following are the details relevant to my request: ¢ 1am writing you regarding a dispute between Mr. Abraham Azoulay c/o Todd Counihan (972)248-9984 of 18111 Preston Rd, Suite 1000 Dallas. Texas 75252 as Seller and Mr. Guillermo Martinezguerra (01 1-571) 213-8405 of Transv 30 123-36 303 Bogota. D.C. Colombia as purchaser. ; The property address is 905 Brickell Bay Dr. Apartment #905 Miami, FL 33131. { am presently holding $10,400. in my Escrow account. Purchaser and Seller entered into an agreement to purchase on December 4. 1998, e Antonio Perez of Brickell Investment Realty was the Buyers agent. ¢ Dan Burdak of Brickell Investment Realty was the Sellers agent. 1 will appreciate your forwarding me instructions on the procedure to resolve this matter. Sincerely. \vsT™ ENT REALTY (DA\eX \ ! \_DAMIEL S, BURDAK Lic. Real Estate Broker au MINIS ATIVE COMPLAINT exHipit gO PAGE Lor | 905 Brickell Bay Dr.. Suite # 227. Miami, Fesrida 33131 Telephone: (305) 372-0114 ¢ Fax: (305) 374-7339 NES POMoavi reettnetieaite corn weert STPS ET ff pPAnr y?

Docket for Case No: 00-001849