PILED at CiMAR 12 PH 1:16 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL RE( ONG F FLORIDA REAL ESTATE COMMISSION "3/2210 VE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, O1~|IOCD vs. FDBPR Case N° 99-85057 99-85058 DESNEE E. ELGIN AND THE ELGIN CORP., Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter “Petitioner”) files this Administrative Complaint against Desnee E. Elgin and The Elgin Corp. (hereinafter “Respondents”) 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, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent Desnee E. Elgin is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 3002734 and 0550274 in accordance with Chapter 475, Fla. Stat. The last licenses issued were as a broker c/o The Elgin Corp., 1727 Coachman Plaza Drive, Clearwater, Florida 34619 and t/a Elgin Real Estate Referrals, 1727 Coachman Plaza FDBPR vs Desnee E. Elgin FPDBPR Case N° 99-85057 Administrative Complaint Drive, Clearwater, Florida 34619. 3. Respondent The Elgin Corp. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1003646 in accordance with Chapter 475, Fla. Stat. The last license issued was at the address of 1727 Coachman Plaza Drive, Clearwater, Florida 34619. 4. At all times material hereto, Respondent Desnee E. Elgin was licensed and operating as qualifying broker and officer of Respondent The Elgin Corp. 5. On or about July 31, 1999, an offer to purchase property, in the form. of a Deposit Receipt and Contract for Sale of Real Estate was presented to Sonia A. Cook (COOK), seller. A copy of said contract is attached hereto as Exhibit 1. 6. Pursuant to the terms of said offer, the Buyers, Brian Miller and Jacqueline Eash (MILLER & EASH) were to pay $1,000.00 earnest money deposit with the offer and an additional $9,000.00 upon acceptance. 7. Respondents were the brokers for the Buyers. 8. Pursuant to the terms of the offer, Respondents received a total of $10,000.00 earnest money deposit. 9. On October 28, 1999, Attorney for COOK, Howard Batt, faxed a letter to Respondent via Rick Knowle [sp] (Noel), a salesperson licensed under the Respondents, making a demand on the earnest money deposit due to Buyers’ default. A copy of Mr. Batt’s 10/28/99 letter is FDBPR vs Desnee E. Elgin FDBPR Case N° 99-85057 Administrative Complaint attached hereto as Exhibit 2. 10. Attorney Batt contended that the default arose as a result of the closing date having passed. 11. Upon receipt of Mr. Batt’s 10/28/99 letter, Respondent had not received conflicting or identical instructions from all of the parties concerning the disbursement of the escrowed funds. 12. Respondent ignored Mr. Batt’s demand. 13. On November 2, 1999 Attorney Batt made a second demand for the deposit via fax to Tony Elgin, a salesperson licensed under the Respondent. A copy of said demand is attached hereto as Exhibit 3. 14. Respondent was aware of this demand as evidenced by Rick Noel’s letter of November 3, 1999, a copy of which is attached hereto as Exhibit 4. 15. Mr. Batt again, via letter dated November 5, 1999 to Rick Noel, states to Respondent that a demand had been made on the earnest money deposit, and that he awaited compliance with said demand. A copy of said letter is attached hereto as Exhibit 5. 16. On November 16, 1999, Mr. Batt once again faxed a letter to Tony Elgin requesting that Mr. Batt be advised of Respondent’s intentions concerning his demand on the deposit. A copy of said letter is attached hereto as Exhibit 6. 17. On December 10, 1999, Batt filed a complaint with DPBR, Division of Real Estate. FDBPR vs Desnee E. Elgin FDBPR Case N° 99-85057 Administrative Complaint 18. By letter dated December 21, 1999, Respondents were notified of Mr. Batt’s complaint. 19. In their response letter to the complaint dated January 10, 2000 (a copy of which is attached hereto as Exhibit 7) Respondents notify FREC of the dispute set forth above. 20. In paragraph four of that response letter, Respondent Desnee Elgin states that she is familiar with the above described transaction and how the situation was progressing. 21. Further, in paragraph ten Respondent Desnee Elgin states that “we had no obligation to respond to Mr. Batt.” COUNT I Based upon the foregoing, Respondent Desnee E. Elgin is guilty of failing to promptly notify the Commission of conflicting demands as set forth in § 475.25(1)(d)1., Fla. Stat. and Fla. Admin. Code R 61J2-10.032 and, therefore, in violation of § 475.25(1)(e), Fla. Stat. COUNT II Based upon the foregoing, Respondent The Elgin Corp. is guilty of failing to promptly notify the Commission of conflicting demands as set forth in § 475.25(1)(d)1., Fla. Stat. and Fla. Admin. Code R 61J2-10.032 and, therefore, in violation of § 475.25(1)(e), Fla. Stat. COUNT It Based upon the foregoing, Respondent Desnee E. Elgin is guilty of failure to provide written notification to the Commission within fifteen business days of having good faith doubts as to whom FDBPR vs Desnee E. Elgin FDBPR Case N° 99-85057 Administrative Complaint is entitled to the trust funds in violation of R. 61J2-10.032(1), Fla. Admin. Code and, therefore, in violation of § 475.25(1)(e), Fla. Stat. COUNT IV Based upon the foregoing, Respondent The Elgin Corp. is guilty of failure to provide written notification to the Commission within fifteen business days of having good faith doubts as to whom is entitled to the trust funds in violation of R. 61J2-10.032(1), Fla. Admin. Code 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 be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of FDBPR vs Desnee E. Elgin FDBPR Case N° 99-85057 Administrative Complaint the license, 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 $5,000 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; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. Seg § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. Defartment of Business and Professional Regulation By: Daniel Villazon, Acting Director, Division of Real Estate FDBPR vs Desnee E. Elgin FDBPR Case N° 99-85057 Administrative Complaint ATTORNEY FOR PETITIONER Carmine D. Gigliotti Florida Bar N° 0879525 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 CDG/k PCP: HF/DS 12/00 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. 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 7 FDBPR vs Desnee E. Elgin FDBPR Case N° 99-85057 Administrative Complaint 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. Co.:Raaitors “ Real Proporly Sales Disclosure lo fuyors lined Sead | Al ine closing you . as the purcnaser, May be faquited fo pay closing costs in addillon 10 the purchase gica. BT! MBwd Marr closing chsh ehate can tut dniteat $0 QNOMOY'S tena 1D Issuance [00% Toes lo fecord the deed and mongago: formine MT Suey: MSUNINEY PulLy: GsUMPHEN [oo OM ealsling mantgage: soMice fue (or ciiginallon les ard discount Polnis) or any naw inarlgege, documentary Mangas GN iManyitide Max bared on amour! of money borowed, crodit rpuit, OMMAR TS "ayy 3 loc, : ‘ te Rad lowes, Oude cohalouatuviee ll ot RSCIO WY OCC GUM TOE Taxes Gio Msn 6 Signed on 7/30 WAG. uy Pp Rp tes M t {ley 12 ae OEPOSIT RECEIP[ AND CONTRACT FOR SALE OF REAL ES Sula BOF Keaordfic sw. kidd Miller od Thee (ioe pia et. woe ino Ligin Company hereinator called REAL TOR shall noid said Eamast Meaney or Deposit in tho amount of 5 200. OO O Cash 1 cheex end act as Escrow Agont unit closing of Sale. REALTOR nay tho oplian ot placing any and aii wsctow tunics nan mores! Bearing account PurUai Jo the tules and regulations of the Florida Reel Este Commission, ana IGih Ary iifuast OamMad as cos! associaled win the malnlenance ot sax account, on Ihe following described Raul Ustato siuulexd in ‘ha Courly ¢? Firion, Slate of Flonaa: owe © Bkor Mole Crys ttt Depel FL. Addross peje) ard legally deschitvcd as: I FULC PURCHASE PRICE: PAYABLE IN THE FOL OWING MANMER: s_/0¢ Rornel¢) ~~ EARNFoT MONCY DEPOSIT (U.S, funas as ber above, checks subjea:t ia cclesaning). s_ Jodo, zen ADDITONAL EARNEST MONEY (U.S. funcit to: ba paid on or bulor Apo! Fee =p. tap ~, SOOM, (Check subject to cloutirny). +o LXISTING MORIGAGES) AND NOTE(S) approximate. balanca(s), (GUYER grees Te waving and pay) oan . Coo Paragraph &) L BOO -- MORTGAGE AND NOTE TO seuLeR asiurnuble O) non assumatie Ninlutest! por / gy win montnly payments uf Pancipal & inicress Ins sy Os nota enomyage due and payabls —- eats HOM HAIG Of Closing? subyHet ho IN HOMgAgE Clauses anc cor rdillons. A piece NEW MORIGAGE AND NOI (see paragraph 5/0 HHA C) vA 0 CONVENTIONAL y ey: TO CLOSE in. U.S. Cust or Locally drawn Cashlurs Chock (suityecst lo Odjusiniants and 3) utecl the Contact on or bute 7PM Be 19_ FX. tne {pal Monroy Duposit spall Gu reluredd to tho BUYER a Hopkon and this Conlact shall thatcatie: Null aAct voi. NeAy thea bast ones Gf tho SELLER ancl BUYER have signed this Coninact. that date shall mo the “Duly ut Contact’. tts agyriesct Otatice by telat ot Fax shall Corslitule: offective acceplance of this conliadt, The date and lime iho lohagan oF oAt bull be tha aitocie dele tor aecuplarc ClOF ACCEMANCE: SELLER of cind BUYER have nol exec b BUS CORVOYANCK. SELLER shall Coney tea simply hile (unless provided lo Ihe Contrary in this Contrach by Gangiat Warranty Dexkt IN Gil dacumantary stumps reaqulled on dood lo GUYER (Inustoa's , Cuardian's, of Porsonal Represeniaiive’s avertot Trust, Guardianship, of Gata), Property shall by {tee ana chic af all encumbrances oF assossmunts Wei taxes ond Mortgages) as ithec led in Parcgtaph ) of tris Contact, S CLOSING POSSESSION Subjecl to ary cuative potted, thy Contract shall by closed on or Dolore SPM. Baltes wallanctocd By other wallan provisons-ot this Contracts and Possassion and accupancy shail bu dul BUYEFe at bene of closing. In Iho ovent Ine date of Clostig falls an Saturday, Sunday, oF fogal holiday, thu the bts! Guswieey clery Aecunlng uflar Ing date of casing set uul above. . & FINANCING AVPROVALS REQUIRED, I Ing Full Purchase Price oF Gay Pari Ihereor is to be financed by a thi party jaan, as sal ulin Farayrezah 1 of this Contact then inls Corset is condillonad vy FOr said loan williin = days at Cecephance and obtaining a willen commilmeit for said loan Ly (dale) 5.00 PM, interes! arid Terms of sad loan tn Ul pravalling rMarkel wales and Gorvdiluns anc tor G form ol yaar as Gonrdily Guolud by local luncu AL hiutions. Whitt bve Bacuourly is locerhs act is Conditioned on AUYEIe SSSUMINY Gy aaisling Montyaype(s) oF Nolo(s) GING Gpiprcaveat of tree OUYER is Maquitoel by The heteder(s) thureed, than GUYLLe shea SECUEG SUCH GppHOVal ia Ine ovat! tie pHopedy bert) S010 hull be oF COnetor Urn Gr COC PwIUlive ApAtMErt WeQuining APO(Gval ol thie BUYER, Ihis Conocd is SONCIIONCAT UON, BUYER: secutieny seach Spproval. AUYCR to take inmnecticate achen other “ale of Contact lo sécute Oy APPrOVals OF MneNcing: Hul9 1 Sacure Ihe same, lo fooncrats fully and iurnish crodit or olner INFOPMU hur Hee AcEct wiht SELLER ur REALIOR stulus teports of BUYER'S progross arid! ellorls mado. as wail as @ Copy of citiy NA bravils et cisapprovets immecctately on FeColpt Meret by BUYER. SFLEFE and BUYER ites That It BUYFR ws unable lo ; YER hes put forth olf racassmabl hanely and diligent alors to Omtain the sane ond Has obtawic Wanlal, Wien this Condiact shail be Tull and void ONO iow depastts wutuiriad fo BUYER, Punued OF faperect ogress OF the SPprovals OF financing cs requited inough reasonabie, trnely anid UyTect etlorts, the SELLER may doclere Ihe BUYER Io be in default if FHA of VA sue allachod adidendurn. a CONDITIONS: SELLER ane QUYER agrees thal all prapony tdouwiuie my Ins CONMOCT Ihe writing, and thot th 4G soled", Contact contains the untices WaNGaN wal Deanwest x IONS: SELLER reprasonts at Ol Op Bhances aloctical, plumbing, Gnclucing Dealing equipment, all st SWIM Pool Ghd bolted OgQuitnestil Gh FP GONAHON ard thal jot Jo closing. BUYER or nis. Ogents may tiuve @ HU HOTA ep eChON At buyers GaApENso WIN If 10 Gays of affective dato of conlract RUVEL must vattrin 1s days of ettective date dehver wiillan notice of any ilems which ure notin No condition wartanted fo SELLE, WYER may Conduct G walk through lrasiection te Mailly that SELLE hos mado raqinadl repaus and maintained tes PlOparty. Gt any line Aesable paor t NO warranles and “AS IS at and altar Closing, unless willus statornent ot detects In any equipment ar Sppllonces 5 dolivursc and priysteut Feceipl tharacl, by BUYER Iu SELLER. of REALTOR 401 19 Closwy SLLLER wall proved gecess and Ulihhes tor BUYER'S inspechor Muchonical tqupmunt: Solo ta Include the follow ig ilams: edu vl punmonal nuluio: The falowng Henny are to be included In tha sate gilee of sald Property and ial ag ac Loney SELLER ; nd Onvsniance fa tho SELLER and ary not warentcd and Of6 OF Nd value oF hiucoment Ie purctais property e 1 oni : PRORAHIONS. foxy. a SULQNEG Erueriums (al BUYER'S. SPL). IMErest, fovtts, I copatie of buoy prortud as of date of closing. in the evant {Hh taxus for the SENSES, INCINIEFINCS Lee, ANC any cinor tut ‘ a 2 Cunent your Canoe! be ascurluinedt, Hun eaters He us peer ha Vert sll BO xed cH closing tor Protating taacs with ue alluwance beanies mace tor all bere OKON PHN alhowead ¢ DE Ihe cannern yor a HOME WARKANIY. byeyer OChnowleeth yas Inala Home Wwarrerity is evatebIe, BUYER wall? Prt a cee ' % WOOD OLSIROYING ORGANISM INSPECTION REPORTS: 5 t i BUYER al his oplion. may, pnar to closing, opt Weed Castioying Oiganism Inspaction Rapor tram a licensed Pest cor} one O aaln SCIVO. OF MBIA UEISAQ GAMage ram Infaslalion In Ine Imgtovercertils, Wud SestOying organisms includa laimites, woud Goalles. ory rot ard cr sy iter de. G6 dulinesd by the Honda Past Control Act if here i any Infeslotian, or Gemwage, thee SCL R shail Bay Costs of teatmnornt and fepaling and/or copl (escludug [onc es) which huve baun damugud. Howe ino Coal ot Weatnunl of regal wxceends Zk of Ihe purchase ane, Ihe SLULEFE has thy Open OF wilricdrcwi 1@ tom Tie contact Howe! ay tor the 00 thas clause telaingd by or tor He account ct iho Ihe wxecution of Ihis i Of GH obiyc tons DelWwoets Where Urcdee SFLLLR SS hagqgot Rabits wacker Ws Contrast. is Gustts BUYER shall pocorn hable ta the REALIOR and/or Listing oh DEFAULT HY SLULER: i ior ny reason other inan Ine Jolure uf ine SELLER tu (Hoke SELLER'S titty markelabto affur digest ettort, Me SCH fouls neglects or fetuses to Radom ifus Contract, the BUYER tidy: (W) Seek spocific pefommance: of (i) feel lO 1cove We seturn ct the WUYER'S warmest Money dapost(s) wihoul Ineteby waming cy Acton for cdomages resulting fiom SELLLIES eo Ws tum greed thel tho SkH EL shall occome habla or duinond 1a ther REALTOR aridfor Fishing Braker tor thas Maoaerage: COnMSsIGh Chi Os DICIINGE le PROV 1 ATTORNEY'S FEL AND Costs: Id Connection vath ony tigation, SriSINg O44 Of This Agreement. tha pravuilingy pearly shall ba anita fo faccivar ail Costs Incuned, INCludIny bean aBia Ultorey’s fens, In comection with any antomemont achons, coliachoar otto, GF Wigeslion, ' 3 TYPEWRITIEN OR NANOWRITCN PROVISIONS: Typuwillen of handwitlun provlors iMONed in this Cootact of atidehud hurwio shail Contvat ail pantect Pravision(s) in conftle! thorawil, ‘ : 4 a 14 UTLE INSURANCE: SLLLER to furnish BUYER, at time ot clwsir 4, @ Tilla Insurance Coumuitment wilh GHeclive date prior to vlasing Cor date of maiing lo BUYER If MWe) IN th GMOGAL of Ine Ful Puchiaso Pico showing marketable title in tha SELLEL. and subjoct 1G the Goueal standard wacephors. Steins and (callchany of record, Zoning) ordinances, aNd Utllily wasHMENis orovided. Rowever, car of the Joregaing srall prevent use of Ihe Property for praseit use. In tho overt, te lille shall Prove nol te be Markebawie, Wie SELLEM smal havea ACHOd OF Hitkely (AY) days ater Nolilication tharect, willing which to cure de-ects in the tilte, Gnd thus sate shall be closed within enC10) days after holice of such Curie 1g lo the BUYLR of BUYER'S Ullornery, ION SELLER'S teahaer fo Comet the lle ded ee:ls Willi tlie lute limit, Ine wanes! money shall be wluned to Iho BUYER upon dumard, and ci rights eed heroes tian heteunclor sl wll Jeiminate, cxcugst inal the REALTOR’. PtOlessional somo fee ter Uwe by Ino SLUR to REALICHE its VEY. It tng RUYER idesvas @ survay of Iha property, ha meal have Ihe properly vuvuyud al his uxpanse prict ty Ine closing duty - the survey shows any encroachments On INO propurty or that ifmprovarnents thercon encIOacN ON Lil wet Jandds, Ive SLLLER shail Rave the scart lino Io fomove encroacnmarits ce 1s allawesd Neroin for the curing of defects iri tila. i tla SEU Ele shail fait lo CHEneOS WITnIG Tho Hine lienil, ben me Garr Money deposit shail at tric option of Me MUYFR, bet aiNan, all nghts and babihlss arising Nereus shall lwaninale, except REALTORS protcssigi cl setviiee Sphar, clase Ibs transaction tn ine same manner @2 if ne such ancoachments hed bear faved Srhatted 1O BUYE I upes hee, or BUFR cncay. at fi Je LOSS OR DAMAGE: It Ihe improvements are Gamaged by Ile or othar casuailty before Iho Glusing hereunder ore) can be restored Jo substantially Ihe sare condition Gi How wihin a pened of 4) days tnerantter. the SCLLER shall 30 dastor Ihe unpraverne|nts and Ie? Closing diate hurlnabove sal snall be satanded aecordingly bul if such restoration sannol be Compleled within Ihal time this Cantiaet shail be doctureal cancalod. in the avaol tha damayo shall uagued 1% of the Purchase piled, Suilur or Buyur stall have §ho OphON to void this contract for sale. V7. GENFRAL CLAUSES (a) Tir ii OF JHE ESSCNCE AND AN FSSENTIAL PART OF THIS CONTRACT: (2) No QQ teurnEnly, Ghless . neciporatedy et rotomtad to in thu Conticicl, shall Lu blading upon SELLE BUYER of REALTOR: (c) The Wards LPR", “BUYERS, and “REALIOR™, Usaud Rercair shall include tneus halts, acmicustralors, oxGcutors, aNd successor, and said words, and any pronours Mone Ihatalo. shall ingiudo the masculine, ferarrurc ard beulur gander, anc lve singular and plurat number. wherever th i) COMMA 62 Merits Cum, US, Ib, REALION EMPLOYMENT; Solior and Guyer huraby acknowludge thal Ine REALTOR and/or Usting Broker are tho Procurryy Cou festiliva in thus Contract, fuyer became intorastod in said property through tne olforts of the REALTOR and/or Listing Brokat. The REALTOR, fisting broker, and their Oxociates shall nol be liabla ef responsilly for failure or defaull of either Party in Carrying wut the. fain and candihans of thus agree! Ww BROKERS: Tho tcersara(s) and firni(s) botew, including Ihe firra’s ofticars, yan GAC aMNGloyees, ue Colluclively fulened to as Brokor’. SELLER ane AUIYER Coniirn Ihe following agency relationship) ard ack towledga thal the bronsage(s) namert below will be pe sity Us Ihe procuyng cause of thls larsaction: sc M4 nd plo te. Letters Aero j — fisting Real Estate Licensee eel C44 Selling feuul Esiaia licansee TH “zd 4 tr : oli iCombnision Amouar_ ae Toting BrokerSgO°/ Conwnasion Ameual 5S x 9 IND QYQGAL Of (CPvaCk Orie): 1s Ihe agent of (check ono): © the BUYER Gaciusivoly us BUYF LS prokor Q tna SELLEL exclusively Os SELLER'S brokur Q Gain tha SELLCR and BUYER as 9 disclosed rorecictlun broker © both the seller aid buyer as a disclosed towing Ulrnteed representation, Wansaction tiokar Providing lirnilert wincasentaioc 0 nober SLUCR roe BUYER. will da vtusud non representation OF tituituss SELLER mor BUYLIe. wiih Giclosued ren fepresentaiors 20. SPECIAL CLAUSES OF MODIFICATIONS OF (lit STANDARD CONTKACT CLAUSES: RADON GAS: Radonis a Naturally accunng radieachve: Qas thet, when it has accumulated in a nulls In SUIGION! Quaniitias may Blresail Peaailly Wns 19 BGISGrE Who caro OxPOredl Lo It over lime, Lavels of Racion that execed fudwral and sate guidalines hows Leen (outed iA Guddings in FiongG, Adchtional inlornanoed fEanding fadon aod wager iesliog May ba obtained (tom your County putin: heals urd Buyed may wilnin ten (10) Jays of atlactive contract dcte have an approprialaly ficensed Benson last tho propedy for radon. It ine fadon level acaoda accutaoie CPA Muncords, SLLUCTe may cnoose to reduce the 1acon fovel fo acceptabie EPA tavol. faihng wich aihut party may Carel this Conlract ENFROY EFFICIENCY: Auyet may, have Property's energy witiclency fling daleminacd. LATENT OCFFGIS: SELLER secalically ACkNOWtRUgES ANd UNdeEslands thal where SELLER knows of facts Muledally allecting Ino value or dasvabilty of ihe Proparty, whether said fact are readily observabic, or not faadily obsevabia, the SELLER is undat a duty.t0 disclose said : : facts 1 thy BUYER and tu tw Broker, IF SEILER knows of saicl (acts, fie shall sal hunt (orth in willing Galow:(Leaye bkank if ncirne) ad i - ~ ” . : e 2 Val Datu: —. ‘ : Beep , Soller ~ Stofa. Dest: . figvar ~ - Soller ” ‘ FILED HOWARD C. BATT, P.A. psa, i LAWYER OI MAR 12 PH I: 16 1 611 Druid Road East Suite 712 ne Clarater onde 3756595 ADMINISTRATIVE HBatt @ Ozline.net HEAR' - Howard C. Batt, Esq, Voice A258 137 Fax 727-442-8139 FAX This letter was FAXED to 727-724-9766 No “original” will be mailed unless requested. Thursday, October 28, 1999 It is 5:53 P.M. in Clearwater Regarding: Cook to Miller & Eash Please Deliver this Fax to: Rick Knowle Dear Mr. Knowle: Mr. Kirk Budd advised me you have a copy of my October 26th letter concerning the contract and that you and your clients have opted not to respond. The purpose of the letter was to provide Miller and Eash the opportunity to cure their default under the contract. The decision to ignore that offer confirms the default and gives rise to the seller's remedies under the contract. Accordingly, DEMAND IS MADE that you immediately transfer the deposit held in your firm's escrow to my trust account for final disposition. That transfer should be by your firm's trust check to. HOWARD C. BATT, P.A., TRUST ACCOUNT and the check should be RECEIVED in this office by no later than the close of business, Monday, November 1, 1999, . Trusting you will be governed accordingly, I am, Yours truly, HOWARD C. BATT, P.A. s/ Howard C. Batt Copies to: Kirk Budd Sonia Cook ok h § 3 HOWARD C. BATT, P.A. OV MAR 2 py , i LAWYER DIvic 16 4 611 Druid Road East Suite 712 A DMN RION OF Clearwater, Florida 33756-3958 HEA STRAT VE HBatt @ Ozline.net RARINGS Howard C. Batt, Esq. Voice 727-442-8137 Fax 727-442-8139 FAX This letter was FAXED to 727-724-9766 No “originai" will be mailed unless requested. Tuesday, November 2,1999 It is 6:01 P.M. in Clearwater Regarding: Cook to Miller & Eash Please Deliver this Fax to: Tony Elgin Dear Mr. Elgin: This is to confirm our telephone conversation of the late afternoon of November 2, 1999. I told you I represent Sonia Cook and that it had surprised me to have no Tesponse to my letter concerning curing the breach of contract in the captioned matter. You told me you are aware of the situation, that Mr. Knowle has been in regular contact with Mr. Budd, that Mr. Budd has some “problems" with his license, that you have been "in the business 35 years", "that this kind. of thing happens all the time," that “there is no reason for anyone to have gone running to a lawyer" and that there is no intention to respond to my letters. You remembered one of them as "asking for more money or something - the deposits, I think". When I asked the buyer's intentions you said you "think it will close in the next couple of days or so." You then suggested that if the sellers didn't want to wait they should sell to someone else and "get on with their lives." And, you said, if the sellers insist on liquidating the deposit, “you know the rules - it has to go through FREC". The contract has been breached as outlined in my previous letter. The purpose of this letter is simply to memorialize our conversation and to make final demand for the deposit your firm holds or to provide me proof that your buyer clients have refused to release the deposit. Yours truly, HOWARD C. BATT, P.A. s/ Howard C. Batt Copies to Sonia Cook by fax - to Kirk Budd by fax a Px A y _ 393 18:148M P2 OM: TITLE CLEARINGHOUSE FAX NO, : 2277812045 Nov. 24 13 mo Ty if S - crt os wo NPARINGS ROVEMBER 3rd 1999 MR. BUDD WE HAVE REVIEWED TEE THFORMATION THAY YOU FAXED To us, AT THIS TIME WE ARE NOT IN AGREEMENT WITH ANY OF THE DEMANDS AND BLGIN CO. REALTORS QY LAW OFFICES F ! L F i) HOWARD C. BATT, P.A. Surre 712° DRUHILL PROFESSIONAL CENTER * 611 DRUID ROAD EAST 0 MAR 12 PM I: | 7 ! . CLEARWATER, FLORIDA 35756 ' HBATT @ OZLINE.NET DIVISIo i Howarn C. BATT T bi TevecpHER AN Aa-s November 5, 1999 Mr. Rick Noel Elgin Co. Realtors 1727 Coachman Plaza Dr. Clearwater, Florida 33759 Re: Cook to Miller & Eash Dear Mr. Noel: I have a copy of your November 3™ fax to Mr. Budd. I have had no other response to my letters to you and to Mr. Elgin. Nor have I been provided a copy of any contradictory demand for the escrow. The tenor of your note to Mr. Budd is that the buyers believe they may close at their leisure without regard to the time set by the contract. Ms. Cook has not and will not agree to any such arrangement but, rather, maintains her position the contract has been breached. T have made demand for the deposit and await your firm’s compliance with that demand. Yours truly, HOWARD C. BATT, P.A. Howard C. Batt, Esq. Copy to: Sonia Cook Kirk Budd \G pe Fit HOWARD C.BATT,P.A. LED i LAWYER IMAR 12 py), 17 ! 611 Dmid Road East Suite 712 i . DIVISION oF Ch , Florida 33756-3958 a Bat @ Online net ADMIN I$ TR, Ay Howard C. Batt, Esq. vdlBARINGS 8157 Fax 727-442-8139 FAX This letter was FAXED to 727-724-9766 No "original" will be mailed unless requested. Tuesday, November 16, 1999 It is 11:17 AM in Clearwater Regarding: Cook to Miller & Eash Please Deliver this Fax to: Tony Elgin Dear Mr. Elgin: Thave had no response to my October 28th demand for the $10,000 deposit made by Miller & Eash to your trust. If Miller & Eash have made a contradictory demand, please provide me a copy by fax. If you have notified FREC or requested an escrow disbursement order, please provide me a copy. If you have done none of the foregoing, please tell me your intention. Yours truly, HOWARD C. BATT, P.A. s/ Howard C. Batt Copy to Sonia Cook by Fax 40

Docket for Case No: 01-001005