CTLED 01 JAN 10 PH f: 20 STATE OF FLORIDA wsicn OF DEPARTMENT OF BUSINESS AND PROFESS{ONAL REGULATIE WevR eye FLORIDA REAL ESTATE COMMISSION HEARINGS FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, O-ONZPL Petitioner, ) vs. DBPR Case N° 99-83327 GLORIA L. VEST, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Gloria L. Vest (hereinafter “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, in particular § 20.165, Fla. Stat., Chapters 120, 459 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto aj licensed Florida real estate broker, issued license number 0319874 in accordance with Chapter 475, Fla. Stat. 3. The last license issued was as a broker c/o Globe Realty of Florida, Inc., 1353Y N. Courtenay Parkway, Merritt Island, Florida 32953. FDBPR v. Gloria L. Vest Administrative Complaint Case No. 99-83327 4. On or about April 18, 1999, the buyer and seller exqcuted a contract for the sale and purchase of property located at 6910 Kaylor Avenue. The closing date was set for May 28, 1999. A copy of the contract is attached hereto, incorporated herein amd made a part hereof by reference as Administrative Complaint Exhibit 1. 5. The Respondent represented the buyers. The property was listed by Phyllis Pryour and Mary Bashlor of ERA/The Property Place. 6. The $1,000 deposit was being held by Globe Realty of Florida, Inc. 7. The seller’s real property disclosure statement was signed by the seller on April 8, 1999 and receipt of the same was acknowledged by the buyer on April 19, 1999. A copy of the closure is attached hereto, incorporated herein and made a part her¢of by reference as Administrative Complaint Exhibit 2. 8. A home inspection report by Russell W. Scott dated May 17, 1999 reflected that the roof of the subject property should be repaired by a licensed contractor. A copy of the report is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. 9. A roof inspection by Robert Kirsch dated May 20, 1999 reflected that the roof of the subject property was not serviceable and outlined specific problems. The repair work was estimated at $3990.00. A copy of the report is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 4. FDBPR v. Gloria L. Vest Administrative Complaint Case No. 99-83327 10. By fax dated May 21, 1999, Respondent advised listing agent Mary Bashlor that the buyers were not willing to close on the house based on the condition of the roof, and that the deposit had been returned to the buyers. A copy of the letter is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 5. 11. By letter dated May 21, 1999 the sellers placed a claim for the deposit. A copy of the letter is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 6. 12. By letter dated May 25, 1999, the Respondent advised the listing agent that the buyers were willing and ready to close on May 27, 1999 if the sellers could produce a “passable roof” for the subject property. A copy of the letter is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 7. 13. By fax dated May 26, 1999, the Respondent advised listing agent Phyllis Pryor that the roof of the subject property had been re-inspected and found to be unserviceable. A copy of the fax is attached hereto, incorporated herein and made a part her¢of by reference as Administrative Complaint Exhibit 8. 14. A roof inspection dated May 28, 1999 ordered by the seller and performed by Michael R. Wiedmann reflected that the roof of the subject property to be in need of several repairs estimated at $2400.00. A copy of the report is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 9. FDBPR v. Gloria L. Vest Administrative Complaint Case No. 99-83327 15. By letter dated September 27, 1999, the Respondent provided her reasons for disbursing the deposit to the buyers. A copy of the letter is attached hereto] incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 10. 16. Rule 61J2-10.032(b)2, Fla. Admin. Code, provideg that: Based upon prior decisions of the Commission, good faith doubt shall be deemed to exist in the following situations: 2. the closing or consummation dated 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 maintain trust funds in the real estate brokerage escrow bank account or some other proper depogitory until disbursement thereof was properly authorized in violation of § 475.25(1)(k), Fla, Stat. COUNT I Based upon the foregoing, Respondent is guilty of cnlpable negligence in any business transaction in violation of § 475.25(1)(b), Fla. Stat. COUNT Ii Based upon the foregoing, Respondent is guilty of faillure to account or deliver funds in violation of § 475.25(1)(d)1, Fla. Stat. FDBPR v. Gloria L. Vest Administrative Complaint Case No. 99-83327 COUNT IV Based upon the foregoing, Respondent is guilty of failure to provide written notification to the Commission within 15 business days of the last demand o1 good faith doubt of the procedure instituted to resolve the escrow fund dispute in violation of Fla Admin. Code R. 61J2-10.032(1)(a) and therefore in violation of § 475.25(1)(e), Fla. Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may b¢ 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 pon 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 impoged for violation(s) of Chapter 455, Fla, Stat., depending upon the severity of the offense(s), ipclude: revocation of the license, registration, or permit; suspension of the license, registration, gr permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to |$5,000 for each count or offense; FDBPR v. Gloria L. Vest Administrative Complaint Case No. 99-83327 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; restriction pf practice; injunctive or mandamus 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 ¢/ Y say of fous 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 FDBPR v. Gloria L. Vest Case No. 99-83327 Administrative Complaint GC/k PCP: TR/LJ 8/00 NOTICE TO RESPONDE PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type oflagency 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, Flu. Stat.; that you have the right, at your option and expense, to be represented by counsel of 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 Expl4nation of Rights and Election of Rights form. wloil, PUHCMASE PHICE: 16 PAYMENT: gy segyetscseeee +7 (a) Deposit held in escrow by. la ha. Choa 00 dg, 7 (2 2Ae sero Ager in the amount of. #48 (b) Additional escrow deposit to be made to Escrow Agent within _“— days after Effective Date (see Paragraph Ill) in the amount of. #19 (c) Subject to AND assumption of existing mortgage in good standing in favor of > An oe ae 20 having an approximate present principal balance of .... #21 (d) New mortgage financing with a Lender (see Paragraph IV) in the amount of #22 (e) Purchase money mortgage and note to Seller (see rider for terms) in the amount o' #23 (f) Other: #24 {g) Balance to ciose by U.S. cash or LOCALLY DRAWN cashier's or official bank checkis), subject to adjustments or prorations 2st, TIME FOR ACCEPTANCE OF Cg CEP BV EIS IMILE:; if this offer is not executed by any delivered to all parties OR FACT OF EXECUTION communicated in writi *26 between the parties on or before Z -Z_, the deposil(s) will, at Buyer's option] be returned and this offer withdrawn. For purposes of delivery or notice 27 execulion, parties include Buyer and Seller or each of the respective brokers or attorneys. The data of Contrac} ("Effective Date") will be the dale when the last one of the Buyer and Sel 28 has signed this offer. A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as an original. © 291V. FINANCING: #30 QO {a) This is a cash transaction with no contingencies for financing; #31 {2 (b) This Contract is conditioned on Buyer obtaining a wyitten loan cor t within 30 days alter Effective Date fog SCHECK ONLY ONE): C) a fixed; 2) an adjustabie; WX #32 fixed or adjustable rate loan in the principal amount of $\~ , at ari initlat Interest rate not to exceed .%, discount and origination fees not to exceed % 433 principal amount, and for a term of Ks Oyears. Buyer will make application within SS dayg (5 days: Ifjleft blank) after Effective Date and use reasonabie. difigence to obtain a lo 34 commitment and, therealter, to salisly terms and conditions of tha Commitment and close the loan. Buyer shpil pay all loan éxpenses. If Buyer fails to obtain a commitment or fails to wai 35 Buyer's rights under this subparagraph within the time for obtaining a commitment or, after diligent effort, falls to meet the terms and conditions of the commitment by the closing da 36 then either party thereatter, by written notice to the other, may cance this Contract anc! Buyer shall be refunded the deposit(s); or Lite (©) The existing mortgage, described in Paragraph {l(c} above, has: (_) a variable interest rate; or {2 affixed interest rate of _— _% per annum. Al time of title transfer, some fix *38 interest rales are subject to increase; if increased, the rate shalt not exceed __~-_% per annum. Sellar ghall furnish a statement from each mortgagee stating the principal balari 39 method of payment, interest rate and status of mortgage or authorize Buyer or Closirig Agent to obtain the same! if Buyer has agreed to assume a mortgage which requires appro’ 40° of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the necessary application andjdiligantly complate and return it to the mortgagee. Any morigagee charge( nat not to exceed $ (1% of amount assumed if left blank), shall be paid by Buyer. if Buyer is not accepted by mortgagee or the requirements for assumption z 42 not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the staled a pount, Soller or Buye y rescind this Contract by written notice to the olt a party unless either elects to pay the Increase in interest rate or excess mortgage cl anges. *44V, TITLE EVIDENCE: At least 10 ~~ days before closing daje, (CHECK ONLY ONE): ‘Seller shail, al Sella #45 expense obtain (CHECK ONLY ONE): Q abstract of title; or LY title insurance commitment (with legible copia irs expense, deliver to Buyer or Buyer's allorney; or () Buyer shalt at Buyc of instruments listed as exceptions attached thereto) and, atler closing, 46 owner's policy of title insurance. #47 Vi. CLOSING DATE: This transaction shall be closed and the closing documents delivered on a 99, unless modified by other provisions of this Contra ES) lines, unless otherwise stated hereln); taxes for year of closing and subsequent years; assumed mortgages|and purghage + it gfy (if additional items, see addendur g purpose( 56 have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. 571X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and ad §8X. RIDERS: {CHECK those riders which are applicable AND are attached to this Contract): #59 (2) COMPREHENSIVE RIDER ( HOMEOWNERS’ AS: +60 (CONDOMINIUM "as Is” #61 VA/FHA () LEAD-BASED PAINT . a . *62 XI. ASSIGNABILITY: (CHECK ONLY ONE): Buyer C) may assign and thereby be released from any furthed liability under thls Contract; [) may assign but not be released from liabi +63 under this Contract; ore may not assign this Contraet. 64XIl, DISCLOSURES: . 65 {a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of rac 66 that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health u 67 (b) Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System Brochure. 68 (c) tf the real property Includes pre-1978 residential housing then a lead-based paint rider is mandatory. “69 (d) if Seller is a “foreign person” as defined by the Foreign Investment in Real Property Tax Act, the parti 70 (e) If Buyer will be obligated to be a member of a homeowners’ association, BUYER SHOULD NOT EX HOMEOWNERS’ ASSOCIATION DISCLOSURE, MUM REPAIR: Saas: Seller shall not be responsible for payments in excess of: OD. for treatment and repair under Standard D (if blank, then 2% of the Purchase Price). oe J ¢ I. — for repair and replacement under Standard N (if blank, than 3% of the Purchase Price) tenda shall control al lt printed provisions of this Contract in conflict with the O CoasTAL CONSTRUCTION CONTROL Lit 5 INSULATION es shall comply with that Act. BCUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ Ti 7W THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD) SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 78 THIS FORM HAS BEEN APPROVED BY THE FL SOCIATION OF REALTORS AND THE FLORIDA BAR. 79 Approval does not constitute an opinion that any of the terms and conditions in this Cc jould be accapted by the parties in a particular transaction. Terms and conditions shouk 80 be negotiated based upon the respective interests, « e and bargajning positions of i interested persons. at Lge 1998 BY THE FLORIDA BAR AMY FLORIDA] ASSOCIATION CF REALTORS #82 - _ ——. 83 (Buyer) (Seller) (Data) #4 Gc Beauly Of Tax MO. # i 235 Soca Seoutty oF Tes 10. # foe ete as LB Cun Y— 9g f 1, PSG 86 ~ (Buyer) (Date) +*87 Social Security or Tax 1.0. Hn 2. whet #88 Deposit under Paragraph ie) sxe IF QTHER THA CASH, THEN SUBJECT TO CIEARANCE, ly of Tax LL.D. # 2 7 O popes ____ (Escrow Age 89 BROKER'S FEE: The brokarynamad balowincludi ind coaparaling brekere-arethe only brokers of Oh to as tian in conneclion with Del aca +90 Name: PACS 5 OE. _ 2. = EXHIBIT. PAGE___/ ___. gat Cooperating Brokers, IP any Listing Broker HU epee eae ee 119 O. TEHML) ROAUUL Leo nut Unurine cee ; 119 Convot Operator (Operator) to determing it Inere it any visite active tarmite inlestation of visiole damage from| 120 4 days trom date of written notca inarect within which to have cost of imeatment, I required, astrnaied by the O ator and all damage inspected and esumated by a licensed buddar or ganar 121 contractor, Seller shall pay valid coets of leaatmant and repair of all damage up to Ine amounl proved in Paragmap Xill(a). It estimaled coats exceed thal amount, Buyer chall have me option o 197 canceling tis Contract winin $ days after recep of contractors repair astimals by giving written notice to Saflerfor Buyer may alect 10 proceed with the (ransaichon and receive 4 Credit at clasin 172 on the amour provided In Paragraph Xili(a), “Tarmitas* shail be deemed lo include ail wood Gesvoying organisins (equred 1 ba reporied under the Florida Pest Conrol Act, a8 amended. 124 E. INGRESS AND EGRESS: Sellar warrams and represents Inat thera is Ingress and agress to (he real property sufficient for its Intended use as described In Paragraph Vil hereof, litte tr 125 which is in accordance with Standard A. 128 F, LEASES: Saar shal, not lesa tan 15 Gays defore closing, furmen ta Buyer copies of all writen leases and @ 127 vooupanty, rental rates, Sdvaneed renl and security deposhs paid by tenant. It Seder ls unable lo obtaln such 128 wathwn thal tina period In the form of a Seller's affidavit, and Buyer may thereafter oomtact tanan| to confirm such} 129 G, LIENS: Seller shall furnish to Buyer at time ot closing an affidavit attesting lo the absence, unless otherwise 130 liznors known to Seticr and further ullesting mat there nave been no improvements oF repairs to Ihe real property for 90 days immediately preceding date of closing if the real property ha 131 been improved of repaired within that ume, Seller shall Ocliver rataases oF waivers of construction Wana exdouted by all genaral conkactors, subcontractors. Suppliers and maleriaimen t 132 addition 10 Selter's tien atigavit setting forth tha names of all euch general Contractors, subcoMlEctors, Buspp Jars aNd matearialmen, further affirming thal af chacges bor improvements ¢ 133 repairs which could serve as at Dasis lor a construction ken of a ctaimn for damagas huve tccn paid oF wilt bp pald at the closing ot this Contract. 134 H. PLACE OF CLOSING: Closing shai! ba held int tha county wherein the real property 3 kocaled at the offite of m6 arlomey or other closing agent (Ciosing Agent’) designated by Sete Vip 1. TIME: In computing ta periods of less than six (6) days, Saturdays, Sundays and stala or national iagpi holidays shail be excluded, Any time pariads provided tor herein which sha 146 end on a Saturday, Sunday, or a lugal hoviday shall extend to §:00 p.m. of ilk: next Dusiness day. Time Is off the essence In this Contract. 137 J. CLOSING DOCUMENTS: Salle/ shail furnish the deed, bill of sale, construction lien affidavit, owners pogpession affidavit, assignments of leases, lenant and mortgagee estoppel letter 198 and Corrective mstrumenis. Buyer strall furnish closing Hatement, mortgage, mortgage nole. security agroa ent and financing slateamenbs, 139 K. EXPENSES; Documentary stamps on the daed and recording of corrective Instruments shall be paki Dy Getler. Cocumentary stamps and intanyibis lax on tha purchase money Mongay 140 and any Mortgage assumed, mortgagee bila muusANcE Commitment wiih releted faaa, and rocording of puichase money mortgage to Seller, deed arid financing statements shail be pa: 143 by Buyer, Uniaas otherwise provided by law of rider to this Contract, charges for tha following ietated fille fsorvices, aamaly litle or abstract onarga, ile examination, and aentamen! a 142 closing fea, shall be paid by tne party responsible for furnishing the titla evilence in accordance with Paragraph V. 14] L, PRORATIONS: CREDITS: Taxes, assessmenis, rent. interest, insurance and other axpenses of the Properly shall ba prorated through the day before closing: Buyer shall hava The opti. 146 ol (aking over axisting policies of insucunce, it essumable. in which event premiums shall be prorated. Cash at closing shall be increascd of decraazed as may De required by proratuwis 14y De mada through day Prine to closing, or CocUpancy. if occupancy ocaura before closing. Advance rent and] security deposits will ba cradited 10 Buyer. Escrow deposiis Natd by mortgagé 44g will Da credited lo Seller. Taxes shall be prorated based on ihe currant yaar's tax with due allowance mad for msximum allowable discount, homesiead and otner axemptions. II closir 14? gocura at a date when ihe current year's millage is not fixed and current year's assesament is available, {axes will be prorated based upon ‘such assessment and prior yeur's milage. 148 current years assessment is not availsbla, then laxes will D6 prorated On prior years tax, If there are ‘Complated improveneots on ha real properly by January Ist of year of closing, wn 149 impravemems ware not in existence on January 1st of prior yaar, then laxcs shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon detwer 150 the parlivs; failing which, request shall be made to the County Property Apprawzer for an intormal assessment taking into account available exemptions. A tax proraton based on an estima 181 shail, al request of ether party, be readjusted upon receipt of tax bil on condition thar @ statement to that bttect ig signed at closing. ' 15¢ M. SPECIAL ASSESSMENT LIENS: Certified, oonltrmed and ratified spacial assessment liens as of datelof closing (not as of Effective Date) aru lo bo pald by Satter. Pending liens as 159 date of closing shall be assuriod by Buyer. If the knprovement has been Subslantiaty completed as of Effective Dale, any pending tian shall be considered certified. confirined Or satin 1$4 are Salar snail, at closing. be cirarged an amounl equal to the last aalimale or assessment for the Improvement by the public body. is N. INSPECTION, REPALR AND MAINTENANCE: Seiler warrants tat the calling, roo! (including the tascia And sofims) and exterior and Interior walls, oundalion, seawalls (Of equivalent) ar 198 Cockage do not Nave any Visible Evidunce o! leaks, water damage or structural damaye und (hat the septic|lank, pool, all appiiances, mechanical Kems, neauing, cooling, etsctrical, plumbi: 157 aysiams and machinery are in Workiiy Concition. Tha foraging warranty shail be Smiled to ine deme epeciioll unless otherwise provided In an addendum. Buyer may. al Buyers expense. ha 158 inspections made at those items wilnin 20 days after the Eflecthe ale, by a firm or matvidual specializing ix home Inspectons and noiding an oceynatonal licanse for such purpose (il require 189 oF by an approprlarely icensed Flo«ida contractor, and Guyer enail, prior to Buyer's occupancy bul nat more than 20 days after Efective Oale, teparlin writing to Seller such items chai do nol in. 160 the ubove Standarda as to detects. Uniess Buyer Srnety reports such defects, Buyer shail be deemed to have palved Sollecs warranties as t0 defects nol reported, It repairs or replacements 2 161 required 10 comply with this Standard, Seiler shall cause them to be made and snal pay up to the amount provided in Paragrrpn XIN(b). Soler is not required to make repairs of repiacumnents 18 a Cosavatic Condition uniess caused by a dufect Setar ie rasponsivie to repair or reptaca. It the cost for such] repair or replacement exceeds the umounl provided in Paragraph XIiI(b}, Buyer 163 Seller may elect lo gay such exoass, faiing which elther party may cancel thie Contract. If Satter 13 unable to cotrect the defects priar to closing, Une cos! thereo! shail be paid into cecrow at cloer 164 Seber shall, upon reasonable nouca, provide utlities Servica and a0cess 10 ihe Property for inspections, including a walkthrough prior to clasing. fo confirm that all items of personal propeny & 105 On the real property and, subject to the forgoing, that all required repairs and replacements have been al und that the Pronenty, including. but not limited to, lawn, shruddery and poot, ita: 166 has been maintained In the condition existing as of Effective Date, ordinary wear Bnd tear excepted. For as 8g i 167 the jlam wes designed fo operate: (b) “Cosmetic Condition” means aesthetic imperfections Mat Go Not affact the working Condition of the ilem, including, Dul not limited to: pitied marche; miss! 168 OC turn screans: logged windows; tears. wom spots, oF discoloralion of foor coverings. wallpaper, or window tfea 169 flooring, fhiuras, or mirfors; and Minor cracks in foors, tiles, windows. driveways, sidewalks, of pool decks; jand (c) crackéd root lies, curling or worn shingles, oF Kmited roof te shall not 170 considered defects Seller must repair of reniace, so long as there is no evidunce of actual leaks of leakage of BYUCtuTal damage, Dul messing tige will be Seiter’s responsibiy lo replace or rup. 171 0. RISK OF LOSS: ff the Propery is damagad by firs ur other casualty before closing anc cost of restora Hon doee not exceed 3% ul lhe assessed valuation of the Property sa dsmag: 170 cost of rastorailon shall be an ob&yalion of Sellar and closing shall proceed pursuunt to the terms of this Cohtract with restoration custs escrowed al dosing. ff the cost of restoration excet 171 3% of the assessed valuation ot the Property 90 damayyd, Buyer shail hava the aption of elther taking the Property as ig, together with either the 34% of any insurance proceeds paya 174 by virtue of such loss or damage, of of canceling this Contract and receiving return of the daposit(s). 105 P. PROCEEDS OF SALE; CLOSING PROCEOURE: The deed hall be recorded upon clearance of tund 176 Buyer's expensa lo show lille in Buyer, without any encumbrances or change which would render Sellers 177 Nekt In eecrow by Suller’s acomey or other mutualty acceptable escrow agent for a period of not more th: 178 (aul of Buyer, Buyer snail, within the 5-day period, natity Seller in writing ‘of the defect and Seficr shall haya 30 days trom date of receipt of such notttication (0 cure tha defect, If Sellcr |. 1/9 to limely cure ine defect, all deposii(s} and closing funds shall, upon writen demand by Buyer and in 5 days afer cemand, be rewumed 10 Buyer end, simullaneously win s: 190 repayment. Buyer shall retum the personal property, vacate lhe real property and reconvey the Property to Selter by specks warranty deed and bill of sale. If Buyer fails lo (nuke tin 18 demand for refund, Buyer shall Lake title a$ is, waiving all rights against Sever as 10 any intorvcning datectlaxcapt as may be available to Buyer by virtue of warrannes conlained in the d: 192 oF bill of sale. II a portion of the purchase price Is to be derived (rom instilulionai financing or refinancing, Fequirements of the lending institution as to place, Ume of day and procedutes 183 closing, and for disbursement of morigage proceeds shall control over contrary provision In this Contyact. Soller snail nave the right to require from the lending institution a wii 184 Commitment hat d will Nol withhold disbursement of mortgage procecds as a result of ary litle defect atl ibutable to Buyer-morigagor. The escrow and closing procedure required by \8 Slandard shail be walvad if the tile agent insures adveres matters pursuant 10 Section 627.7841, FS., ag amended. 186 Q, ESCROW: Any escrow agent (“Agant’) raceiving funds or equivalent is authorized and agreey by acteplance of them to deposit hem promptly, hoki sainc in escrow and, aubjac 187 cloarance, disbursa them in accordance with tennis and conditions af this Contract. Falture of funds to clear shall not excuse Buyar's performance. If in doubl as 10 Agent's duties o¢ tabu 188 unda¢ the provisions ot this Contract, Aganil nay, al Agent's option, continue to hold ine subject matter oljthe escrow until the parties nereio agree to its disbursement oF yntit a judgerr 18) ot 8 court of competent Jurisdiction shail determing the rights of the parties, or Ageal may deposit same the clerk of the circuil court having jurisdiction of the dispute. LJpon nolily yw all parties concarned ol such action, all liabillty on the part of Agent yhall fully lerminata, except to the extant of accounting for any items previously dalivered Out of escrow. Ii a licen 191 real eslate broker, Agent wilt comply will: provigians of Chapter 475, F.S.. 88 amended. Any suit betwabn Buyer and Sever wherein Agent is made a pany because af acting as AC 12 Neraundar, or in any Suil wheram Agent interpkeads the aubject matter of the escrow, Agent shail recover|reasonabte attomuy's ices and cosle incurred wilh thase amount Io be paid i: 193 and wut of the escrowad funds or equivalent and charged and awarded as court costs in favor of the prevalling party. The Agent shall not be liable 10 any party or parson for misdeliver (94 Buyer or Seiler of nems sudject lo Ine escrom, unless such misdelivery is due to willful breach of tha prayisions of this Contract or grous negligence of Agent. 19 A. ATTORNEY'S FEES; COSTS: In any litigation, including brasch, snforcenient or interpretation, arising out of this Contract, the prevailing party tn such litigation, which. for purpose 196 mia Standard, shall nciude Seller. Buyer and any brokars acting in agency or nonagancy relationships authorized by Crapier 475, F.S., as amended, shail bo entined to reccver fram 19) non-prevalling party reaconable attomey’s feos, costs and expenses. . 198 S. FAILURE OF PERFORMANCE; It Buyer fails to perform this Contract within the ime specified, Inch 199 be paid, may be racovered and relained by and for the account of Seiler 33 agreed upon liquidated damages, consideration for tha execution of this Contract and in tull seulement of 200 claims: whereupon, Buyer and Seller shall be catieved of all obligations under this Contract; or Seiler, at Setiac’s option, may proceed in equity lo entorce Severs rights under inis Cont 201 iL or any reason other than (uiture of Sevier to make Settar's tits marketable after diligent cttort, Seller fails] nagiocts of rafuses to perform this Contract. Buyer may seek specific perform: 2 of elect 10 receiva Ihe return of Buyer's ceposii(s) withoul thereby walving any action for damages resuliing from Setiers dreach. 400 T. CONTRACT NOT RECORDABLE; PERSONS BOUND: NOTICE: Nether this Contract nor any notiog of il shail be recorded in any public records, This Contract shall bind and inu: 208 the Lenetit of ina parties and their successora in interest. Whonever the context permits, singular shall Include plural aod one gander shail includa all, Nolice given by or to the attarne 208 atvy party ahal be as effective as if given by or to tnat party. 204 U. CONVEYANCE: Satter shall convey thie to the reai properly by Slalulory warranly, Yrustee’s, personal represenlative’s Or Guardian's deed, as appropriate to ine status of Setter, sut 20; only to matters contained in Paragraph Vil and thoue vibenwise accepted by Buyer Personal propery shall, al ine request of Buyer, be transtarred by an angolute bill of sale with wart 208 ol lila, subject only [0 sich manars as may ba otnennse provided for herein. .. . 203 V. OTHER AGREEMENTS: No prior or prasent agreements or representations shall be binding pon -Byyer of Seller unless inctuded in thls Contract. No moditicatton to or cnange 0 210 Contract shall be valid or binding upon the partes unless in writing und executed by the pany or partias|intanded lo be bound by il. wt W. WARRANTY: Soller warrants at there are 00 facts known to Seller, rater apa stfecting the value. df the Property which sra not readily observable by Buyer or wnich nave not | ae 22 aisetoged to Buyer. jy pee “apes hi he over { termite infastauon. excivding fences. If ener or doth are found, Buyer shan hav Oppel letters from each lanant socoityng the nature and duration af the ienanr: from ach tenant, de same information shail be lumened by Seiler to Ruye information. Sater shall, al dosing, deliver and assign ail original leases to Buys. $a provided for herein, of any financing statement, claims of lian of potenti: Ss. Ian abalract of tide has Deen furnished. evidence ul liUc stall be continued tie unmarketable from the vate ol (ne iaat evidence. All closing proceeds shail 5 days after closing vate. If Salier’s Ute is rendered unmarkelable. through iding payment of an deposits, tha deposin(s) paid by Buyer and deposit(s) agree 3 EXHIBIT H PAGE / : FHA APPMALSALS Lb 2d GAYA Loot BBE wes wr re ee . contract, the Purchaser shall not be obligated to complet¢ the purchase of the property describ herein or to incur any pénalty by forfeiture of earnest mpney deposits or otherwise unless the Purchaser has been givén in accordance with UD/FHA or VA}requirements a written statement by the ‘Federal Housing Commissioner, Veterans Administration forth the appraised value of the property of not less than $ he Purchaser shall have the privilege and option of proceeding with cohsummation of the contract without regard to the amount of the appraised valuation. ‘The appraised valuation is arrived gt to determine the maximum mortgage the Department of Housing find Urban Development will insure. HUD does not warrant the value nor the condition of the property. ‘The purchaser shduld satisfy himself/herself that the price and condition of the property are acceptable." / Seller is required to pay these items: { / mn f Doc Stamps on Deed Assignment of Mtg.| Fee a : / 3 we . our Document Prep Fee Underwriting Fee vourver Fees ‘Tax Service fee Flood Check notwithstapding any other provision of this y Corfeiture of earnest money or other- Wy described herein, if the contract e property as established by the ave the privilege and option of pro- gard to the amount of reasonable VA APPRAISAL: “It is expressly agreed that, contract, the Purchaser shall not incur any penalty b wise be obligated to complete the purchase of the proper purchase price or cost exceeds the reasonable value of tl Veterans Administration. ‘The Purchaser shall, however, ceeding with the consummation of this contract without v value established by the Veterans Administration." Seller is required to pay these items: Doc Stamps on Deed ‘Tax Service Fee Flood Check Document Prep Fee Assignment of Mtgj Fee Courier Fees Termite Inspection Underwriting lee Repairs the terms and conditions of the Sales ue and correct to the best of our ered into by any of the undersigned REAL ESTATE CERTIFICATION:, ‘I/We hereby certify that Contract for the sale of property described herein are t knowledge and belief. No other agreements have been en other than those disclosed on the Sales Contract." oever, for the purpose of obtaining Departnent of Housing & Urban of ‘influencing in any way the action blishes any statement, knowing the $5,000 or imprisoned not more than WARNING! ! Section 1010 of Title 18, U.S.C. provides: "W a loan, shall be offered to or accepted by the Development for insurance...or for the purpose of such Department, makes, passes, utters or p same to be false, shall be fined not more than two years, or both." 2x. DATE rE BROKER | PAGE. IK _ AT or u Direct Endorsement Lefider settin : bylict #/ GENERAL INFORMATION ABOUT SELLER: NAME: “Roazer U/ .Posron TELEPHONE NUMBER: 447-639 MAILING ADDRESS:_W410 [V¥AYIGL AUE Goto Lt sH9SF SELLER HAS __u-HAS NOT _____ OCCUPIED THE PROPERTY. S9S?P GENERAL INFORM4,TION ABOUT PROPERTY; PROPERTY ADDRESS: &9/0 A AYLORAUE Cocod Fl 32927 LEGAL DESCRIPTION: __ 1. NOTICE TO BUYER AND SELLER: in Florida, a Seller is obligated to disclose to a Buyer all known facts that may niaterially affect {ie value of (he Property being soll and that are not readily observable. This disclosure statement is designed to assis| Selter in complying with the i “s requirements under Florida Law and in Brevard County, Florida, [tis not a watrantylol any kind by the owner(s) of any agent(s! in this transaction, and is not a substitute for any inspections ar warranties the parties may wish to obtain. ‘This disclosury is made pursuant to Section 689.61, Florida Statutes, All Partics may refer to (hib information when they evaluate, markel or present Seller's property to Prospective Buyers. The following representations are made by the scller(s) and are not the representations of any agents. . 2. LAWSUITS, CLAIMS AND ASSESSMENTS: Are you aware of existing, pending or proposed fegal uctions, claims, spcical assesinents, asscusments (including home- owner ass)diation’s maintenance fees or proposed increases in assessments and/or maintenance fees) affecting the property? NO_ ZZ. YES . If yes, explain:_ s 3, DEED/HOMEC)WNER'S ASSOCIATION RESTRICTIONS: (A) Are you aware of any deed restrictions? NOY YES If yes, explain: Are you ware of uny proposed changes to the restrictions? NO. YES_. yes, explain: Are you aware of any resale restrictions? NO_y”_ YES. . Ifyes. explain: il isa homeowner associatiott, is membership mandatory? NO_7_ YES and are fees charged by the homewonsrs wssociation?NO_ YES. . Ifyes, explain: ‘Are you aware if access toads are private . public Zi If private, describe the termg and conditions of the maintenance agreement: Are you awate if the property is stibject to lease? NO. vu — YES____., Ifyes. explain: _ 4. PROPERTY-RELATED ITEMS: Are vou aware of any walls, driveways or other features shared in common with adjoining land: wwnicrs, encroachments. boundary line disputes, setback violations or easements affecting the property’? NO___ YES. If yes, explain: Ig any portion cf the property fenced? NO. YES Z. If yes, are you aware of any|portion of the fence which i shared in common with adjoining landowners.encroachments, boundary line disputes. setback Violations or casements ullecting the fence? NO. YES____. If yes, explain: §. THE LAND: Are you avrare of any past or present scttlivg, soil movement or sinkhole problems on the pro properties? NO__ YES. .. Ifyes, explain: ‘Are you aware of any past or recent problems with driveways, walkway: 5, ENVIRONMENT: (A) Ate you aware on any substances, materials or products which may be sn cavironmentat hqeard such as, but not limited {o, asbestou. urea, formaldeliyde, mdon yun. lead-based, puint, fuel er sheitient storage tanks (active er ubnndoned), or contamlnated soll or water on the propertyYNO__“_ YES. Ifyes. explain: . —_—— ee ae (B) Are you aware of any condition or proposed change in the vicinity of the property thal coulf{ affect the value or desirabllily of the property, such us. but not limited to, proposed development, excessive nolse, Ruusual odors or proposed roadways? NO_ 7 YES _. Ifyes explain: EXHIBIT. PLAINT. A i ped So oO hoy > ic 18 1993 B4:34PM PS ERA. THE PROPERTY PLACE . PHONE NO. : 407 269 2322 Apq. (C) Arc you aware of wetlands, mangroves, archeological sites or other elvironi property? NO). YES, Uyes, explain: —L mn - A entally sensili¥e areas located on the 7, ZONING Are you ayare of any Zoning violations . Honcomfonning uses, or violations of * YES . If yes, explain: seloack” requirdments? a Are you aware if the property is zoned for its current use? NO___ YES__ 7" Ane von an ano Are you wars of whether any improveitents, including any additions are in NOL YES. . If yes, explain: viglation of current zoning regulations? 8. TERMITES. RY ROT, PESTS: Are you aware of any termite inspections within the last 12 monilis? NO__; copy: ——. a - Do vou have any knowledge of termites. dry rot oF pests on or arecting a ny improvements locate} on the property or any Structural damage to the property by (crmites, diy rot or pests? NO. ) f YES. . If yes, ekplain;__ 9. STRUCTURE-RELATED ITEMS: . Are you aware of any structural condition, or in the case on a homeowner agsociation, any coucditjon in the carmunon elements that could affect the value or desirablibity of the property? NO_X_ YES. If yts, explain: _ Are you ‘aware of any improvements or udditions to the property, whether by your or by others, thg violation of building codes? NO__X YES. if yes, explain: Ate you uware of whethor any improvenients, ingludin Noh YES____. If yes, explain (have been constructed in ng additions have been constructed without necessary permits? Ate you aware of whether any improvements, including additions are located belew the base floor YES ____ fyes, are you aware of whether such community flood plain management ordinance? NO HL. ROOF-RELATED ITEMS: + Are you aware of any roof defects? NO__X YES____.. Ifyes, explain: | elevations? NO _><7__ improvements have ben constructed in violation of the applicable YES. Wyes. explains ——__. a ee Has the rcof leaked since you owned the property? NO _ xX YES . [Fyes, please explaln whit was done (a Correct the leaks: Are you aware if the roof has been replaced? NO YES — Ifyes, when? theroof? NO__ YES _ Lf yes, is iCtransferable? NO . YES Copy of th: warranty, Are you aware of any roof inspections within (he last 12 months? NO. explain arid provide a copy> ar _. Is there a warranty on tyes, please provide a YES____, Ifyes. 11, PLUMBING-RELATED ITEMS: What is your drinking water source: Public A Private well__Otlicr source __ | If your drinking water is from « well or other source, when was your water last checked for safety and what was the result of the test? Do you have a water sofincr? NO x YES » Ifyes, is it owned ~ teased ae » Do you have a sewer or septic system? —_S#pHe. Are you aware of any septic tanks ar wells that are ol currently being used? wNO__X. YES__ If yes, explain:, wate Of any plumbing leaks? “NO. x YES If yes, explai a FSRTESTTT TTT SUbGhc meester reser-aeeereeeree Are you uwvate of any conditions that could affect (he value or desirability of the property rel iret lating ko the septic tank drain fleld, sewer lincs or any other plumbing related item?NO XL YES. If yes, explain Are you 12, POOLS/HOT TUBS/SPAS; Doos the property have a pool? NO Ke YES ___. Hottub? NO_. YES Spa? NO xX YES___. Ate you a\vare of any conditions Tegatding thec~ stems that could affect teh value or desirublity of the property? NO x. YES . yes, explain: - a“ 13. ELECTRICAL SYSTEM: Are vou aware of any damaged or malfunctioning switches, receptacles or wiring? NO } " ES explain: Are you aware oF any conditions that {affect the value or desirablity or operating capacity of ihe electrical system? NO fon WHS uy Wyes, explain; aa “TNA GAO BHT Sar MW. HEATING ANB Ik CONDITIONING! wo oe Indictac existins equipment: Air Conditioning: Central PC. Window/Wall _ Number df units 7 Heating: Electuic |X _-_ Fuel Qi Gas _. Other Salae tle Aeennd ar . 3? 269 23% 23SPM Pa FROM: ERA THE PROPERTY PLACE PHONE NO, : 4? 269 2522, Hey. 18 1999 Qd:3SPM Water Heater: Electric Gas _____ Solar Owned. Leased _ Are you aware of any probliies regarding these items? NO YES ____. If yes, explain —_— 15. OTHER EQUIPMENT. ~ — ~ Indicate existing equipment: Security Systems: NO _xX. YES _____ Leased OWNED ______ Connected to C| tral Monitor Monthly Fee Suuke cstecters: NO a. YES. Are vou above-duscritied equipment? NO x YES aware of any conditions that could affect the valuc of desirablity of the [f yes, explain: rr 16. OTHER MATTERS: 1s there: anything else that you feel you should disclose to a prospective purchasey because it may materially affect teh value or desirability of the property? NO _» This disclosure statement concerns the condition. of the teal estate and is not a wartanty of any kind by te owner(s) or any agent(s) is this transaction, and is not a substitute for any inspections or warranties the partics may wish to obtain, en sal aS ZT sa The Selling Real [state Agent acknowledges recsiving a copy of this Disclosure on _. Date __¢-7-97 (date). Selling Agent __. Buyer 1 4 ( t KOIGAL IGONOINNGOS TEL OoCNCODOCOGRRDD Way 18 99 8:41 No.092 ' Date5/17/99 . : PAGE 1 OF 3 Fome Inspection Service By Russell W. Scott A licensed Home Builder For Over 20 Years 1930 Murrell unit Rockledge, FL > STATE # RR 0032837 Brevard County #2185 Hebe: 6361245 \ Pulzer!| 635-7310 [rte iips | BUYERS NAME HAM Address 6910 KAYLOR COCOA, FL TERMS AND CONDITIONS OF THIS INSPECTION This report is unbiased and reflects only the opinion of the inspector, The inspection and the report ar: not intended to be technically exhaustive. |This regort docs not reflect any warranties nor guarantees adequacy or performance of any| system, unless such guarantee or warranties are expressly given in writing. Furthermore, this i spection and report shall not be for tha purpase of determining compliance of a system or component with any government or non- governmcatal regulations, cades, or requirements. This inspection is performed according to the standards of the industry and is conducted as a limited time up to one hour) home inspection. Considerition is made and taken into account as to the age of the structure and ail systems and components és to their function stility. There is no analysiq performed on the following: soil, water, air, materials, or septic system. This is not a termite in pection. No function ability test is perterme:! cn self cleaning or continuous cleaning ovens, ice makers, water scftening/purification ecuipmesl, AC ducts and- determining adequacy/size of the AC system for the dwelling. Only one cycle is checked for function ability in the followi appliances: washer, dryer and— dishwasher, Furniture and appliances wil! not be moved in arder to access walls, switches and outlet VATE OTR ADMINIS Tr EXHIBIT. 8 pace. 27 ROBERT KIRSCH ~ ALL WEATHER ROOFING CO. : (407) 636-3666 Box 3073 Cocoa, FL 32924-3073 DATEL Hey, 2a? J NUMBER TERMS 6 KO Wave Br — AMOUNT REMITTED 5 PLEASE DETACH ANO RETURN WITH YOUR REMITTANCE DATE | INVOICE NO/DESCRIPTION. CREDIT BALANCE PREVIOUS BALANCE [BROUGHT FORWARD T fan dutgukd Npew fof of 7 taat ech heo a pr oer ser ~ dptesel Retin Let 639 a cers R bz Py Caller 2 a — Lo a , 2 L Z ; J roy ora! Ke ge. cal byted Bt Lt, woh! B08 na Serof 2iptel / 12) 2 235 Vine seal Cpwet on ud alae ee ee | Lh een “fet pme | act _ har 6" 2 es | 4 1 Der a2eb 4 bert ors (pede Z nil. _| -—___ asd L pane + a ay tol is pd Meal | pli ibete salle 3 pe, dedi - neh L Cd ij Lk aah po 474 eo - — Maaeed on odbc 7 an net 2 RKeveeshS at KE 004290) a ADMINISTRATIVE COMPLAINT < OF raved ——f | 1 KR m x x o 5 a d jo p! INVOICE NOT PAID IN FULL WITHIN TERMS WILL BE CHARGED AN ‘INTEREST op ot CHARGE AT THE RATE OF 1.5% PER MONTH. CONTRACT NOT PAID IN FULL PLEASE PAY THIS AMOUNT > FS. OO AUTOMATICALLY VOIDS ALL WARRANTIES AND LABOR GUARANTEES. S4) brhlud #5 Globe Reality Of Florida, Inc. 1353 North Courtenay Parkway, Suite Y Merritt Island, Florida 32953 Fax (407) 452-8505 Bus. (407) 453-1100 FAX TRANSMITTAL SUBJECT: 6910 Kaylor Av, Port St John TOTAL PAGES, INCLUDING COVER MESSAGE Dear Mary, Per your request of noon today, the Buyers are nojtifying you as agent for the Sellers that they are unwilling to close on the house due to the condition of the roof and the Sellers' refusal to repair it. I have returned their earnest money deposit, less as no claim was made on it. ayments for the inspections, OF [zi /79 Date AATIVE COMPLAINT (2 usec ae Pe a ee iwi Me 6 Hut oD gvee Jule Ahk LUPPLAILHTED RA EN £3 (497) w2-1987 tg (407) 627-1057 Poder’, Posten Robert and Julia Posten 6910 Kaylor Ave Cocoa, FL 32927 May 21, 1999 - LRA ‘The Property Place 3436 8. Hopkins Ave ‘Litusville, Lb 32780 Atm, Maury Bashlor Subject: Claim for camest money deposit Relerence: Contract for Sale and Purchase 6910 Kaylor Ave. Cosoa, 1132027 In accordance with the referenced contract, as the sellers wa are placing a claim for all gurmnest_moncy deposit per puragraph § of the contract. This is based on the Fax transmittal trom Gloria L, Vest, Cenniry 21 Globe Reality pf Fl. ine. dated May 21,1999, which states that the Buyers ¢ David Ham and Petfa Ham) are unwilling te close. of Paragraph two of the Fax states that “Ehave retumed camekt money deposit. fess payments for the inspections , as no claim wus made on it} As defined in Paragraph N ofthe contract. “Lhe cost of home inspections are to be at the buyers expense. In accordance with paragraph N (inspections. repair and m intenanec) of the contract. all inspections as perteining to sellers warran'y were to be completed at Buyers expense within 20days after the eflleetive date (4-18-09) and reportfto seller in writing , all items that do not meet standards as to detects, unlexs buyey report such defecis, buyer shall be deemed to hate waived seller's warranties as to defects not reported. ‘The inspection by Home Inspection Service -Russell W. Scott f $-17-99) and the roof’ inspection performed hy AH Weather Roofing and Constudtion io, (4-20-09) were clearly performed hevond the 20 day time ft: me as specilietl in the contract. No written report as to any defects were received trom the buyer to the seller within the 20 day time period The only information received fron buyers/ agent as lo any delects were the faxed copies of the above noted inspections on (5-18-49 and 5-20-99) which were beyond the alloted time in the contact, Respectfully, Robert Poston, Juba Poston NISTRATIVE COMPLAINT. Zo eU 4977 Us Ori PL Tah Be “ . Sylhet #7 Century. : an, 1 3 3 Globe Reaity Of Florida, Inc. Town Square 1353 North Courtenay Parkway, Suite Y Merritt Island, Florida 32953 < (407) 453-1100 / Fax (407) 452-8505 May 25, 1999 Mr. Chuck Morris ERA The Property Place 3436 S. Hopkins Ave. Titusville, FL 32780 Re: 6910 Kaylot Ave., Cocoa, FL. 32927 Dear Chuck: I am in receipt of the Sellers' letter clai ing the escrow deposit for withdrawal from the contract. I will x ~iterate, the Buyers are ready, willing, and able to close on Fr day, May 27th, the contract closing date, if the Seliers will donvey 2 "passable roof". The Buyers relied upon the Sellers! Property Disclosure which did hot mention any roof problems or un-license repairs. When a licensed contractor indicated concern over the roo£ condition, the Seller, Ms. Poston, allowed us a roof i spection in writing, dated May 18, 1999 which I thought extended |the deadline for inspection, and since that item was the only one of condern, I believed it allowed the Buyers the right to withdraw based on t at report. : The Buyers have called V.A. representatives jand I have asked the lender, Countrywide if they would mortgage a property with an “impassable roof". We await the ruling. Years ago, a Seller could hide defects and the Buyer would suffer, but today we are required to disclose fully. If a Realtor misses a date for inspection, it does not allow a Se ler to force a veteran buyer to comply or lose their escrow. According to our legal counsel, our contract is a "meeting of the minds”, n thing more till proven in court. Sincerely, Borer Mech 5: Globe Realty Of Florida, Inc. 1353 North Courtenay Parkway, Suite ¥ Merritt Island, Florida 32953 Fax (407) 452-8505 Bus. (407) 453-1100 Cen | Lol Co Age hothst KX MALY | Epbihe lL #F tury. FAX TRANSMITTAL SUBJECT Kory Ne ape Unr 6 HO Bachar Cy , TOTAL PAGES, INCLUDING COVER MESSAGE Vhapler , | 7 Bel Hersel, e- Cnoprilr/| Che 2 netin at T6380 anh : i senarueree abhlp Lr Lo yy padralarcin, Chil Joey Aapetka el Bo Lone Ay beens Abe pire, Borla EXHIBIT 636-3666 anil Ry HH erce_ 34 — FROM : ERA THE PROPERT Y PLACE PHONE NO). : 487 269] 2322 Michael R. Wiedmann Industries Inc. YOUR LOCAL GAP TER ELITE CONTRACTOR 1426 W Peachtree st. (407) 631-1306 fax{407) 631-7011 Cacea, FL 32922 (ara Siocon ave PORT ST. JOHD, FL 33607 | ROOF, RE-ROOF BACK AND REPAIR WOOD $2,400.00 i COMPLAINT. TIVE . 15 1999 G4:47PM P4 ROOF INSPECTION 375,00 Sty, FILED Globe Realty Of Florida, Inc. =e 1353 North Courtenay Parkway, Suite Y Merritt Island, Florida 32953 Fax (407) 452-8505 a , . Bus. (407) 453-1100 September 27 Liepoi tte UF ADMINISTRATIVE HEARINGS Maria.C. Ventara Dept. of Business & Professional Reg. Bureau of Investigative Services 400 W Robinson St. N501 Orlando, Fl, 32801-1732 RECEIVED SEP 3 0 1999 Re: DBPR case #99-83327 REAL ESlALE Dear Ms. Ventura: Pardon the delay of my written response, but recent inclement weather played havoc with my business. I will open my remarks that I knowingly violated a ru but with ethical cause. The Sellers sought retributi because they would not accept a seriously defective r retired from the military and staying with friends ti fhey were not in a position to wait for an EDO to sati behavior. ' e for escrow disbursement, mn against my veteran Buyers lof. The Buyers were newly l they could buy a house. isfy the Sellers vindictive- This transaction has distressed me greatly because I actions to defraud a buyer as was perpetrated by this by her two agents, Phyllis Pryor and Mary Bashlor. I pursue this matter, because I will have to address so suspect she thought nothing would be addressed but th ve never seen such flagrant seller, Julia Poston, assisted . ad hoped Ms. Poston would not unethical actions, but IL escrow disbursement. I will answer the complaint from the Seller dated Augu Paragraph 1 : The Buyers never breached the contract. sing on the contract date of May 28, 19| May 27th and their agent Phyllis Pryor said "they will put the house back on ¢| t 9, 1999. We were heading toward clo- 9. The Seller withdrew on Paragraph 2 : No, I do not have the right to distribu always on the books. Around 1986, the my office we should not seek signatures when a contract was clearly void, becau spiteful and refuse to sign. If the sy escrow disputes, perhaps this law will e funds, but this law wasn't ormer chairman of FREC told for an escrow disbursement e an upset seller could be tem gets burdened with many hange again. Now to answer the Seller's letter dated May 21, 1999, paragraph 1 : The Seller demanded a written statement were unwilling to close. Mary Bashlor I asked Mary what the Seller's intentio: COMBEAtNI her the Buyers wanted to close to give me any feedback and demanded I 0... drawal<—THE7imp lication was that the § { Z Se butJshe would not confirm nor deny that EX Each Office Is Independently Owned An laim for earnest money deposit. on May 21st that the Buyers alled me with that directive. was regarding roof repairs on the house. She refused ubmit the statement of with- ller would not repair the roof, So I carefully noted her IBIT. Operated AGE O1 JAN 10 PM I: 20 request in my statement and the Seller I knew the next step would be to claim they demand a statement of withdrawal out stating their intentions regarding deposit before a claim was made. It a a withdrawal statement from she Buyers it would look as if all faulz lay with was faxed to Mary Bashlor, she said sh going to repair the roof. I was delig out and proceeded with the Buyers’ su The Seller ordered her own roof inspec called me and said the roof had been r re-inspect and he discovered the Selle using pieces of tin and other material work was to be performed by a licensed advised them of this fact. They never the roof repair, and calling in their me believe he had done the work when t roof had been repaired. paragraph 3: The Seller questions the time for insp "welcomed' the Buyer to have a roof in May 18, 1999, thereby extending the tii the roof. The Buyer requested repairs $500 limit on the contract. When Sell s refusal to repair the roof. the deposit, why else would even days before closing with- the roof? So I released the pears they thought by getting before stating their intention the Buyer. After the statement never said the Seller was not ted that we might work things ey, insurance, and financing. ion, then on May 25th her- agent paired. I called my roofer to hadpatched over rotten wood . Surely the Seller knew the roofer, and surely their agents intended to spend any money for oofer was a smokescreen to make le agent called me to say the ctions on the contract, but she ipection and signed and dated it le for inspections at least to x replacement that exceeded the x refused May 27th and stated she would put the house back on the market,| she cancelled the contract, not the Buyers. This has been a trying experience for me, as I have a ethical manner and never cause harm to the public. I against me or any of my associates, and I have been a I have spoken with two attorneys and both felt the Se fraud against the Buyers. Both attorneys advised me not my desire. I had hoped the Seller would be reaso dropped. Perhaps I have shirked a responsibility to past reason has prevailed and litigation prevented. witnesses and documents to confront my complainants. I have listed exhibits by date and enclose a table of Sincerely, 2. yy ‘Gloria L. Vest ays conducted myself in an ave never had a charge filed broker since May 17, 1982. ler was attempting to commit lo take actions, but this was lable and the matter would be e profession, but in years lowever, I stand ready with contents.

Docket for Case No: 01-000112PL