O!-27I PL OF SUL IS PHI? 27 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. : FDBPR Case N° 200080136 JULIAN MASSLER, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter “Petitioner”) files this Administrative Complaint against Julian Massler . (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, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license. number 3006824 in accordance with Chapter 475, Fla. Stat. 3. The last license issued was as a broker-salesperson c/o Illustrated Properties Real Estate, Inc., 2401 PGA Blvd. #196, Palm Beach Gardens, Florida 33410. FDBPR vs Julian Massler : FDBPR Case N° 200080136 Administrative Complaint 4. On or about November 1, 1999 Respondent presented to Eva F. Beuttenmuller (Beuttenmuller), listing agent for the seller, Nancy Gares, via Contract for Sale and Purchase, an offer for the purchase of the Condominium Unit descried therein. A copy of the offer is attached hereto and incorporated herein by reference as Administrative Complaint Exhibit 1. 5. Along with the above-referenced offer, Respondent presented Beuttenmuller with a copy of a check No. 146, which Respondent represented as the deposit check pursuant to the terms of the offer. A copy of the check is attached hereto and incorporated herein by reference as Administrative Complaint Exhibit 2. 6. Respondent never deposited the check into an escrow account. Instead, Respondent held the check until December 7, 1999, the date on which seller accepted the offer. COUNT I Based upon the foregoing, Respondent is guilty of failure to immediately place with the registered employer any money, fund, deposit check or draft entrusted to her as agent of the registered employer i in violation of R. 61J2-14.009, Fla Admin. Code a and aga 475, 25(1)(b), Fla. Stat. and, therefore, in violation of § 475.25(1)(e), Fla. Stat. “FURTHER ALLEGATIONS OF MARTERIAL FACT 7. Petitioner incorporates and realleges the above allegations. 8. Instead of depositing « check 146, on December 7, 1999, Respondent returned check 146 to the Buyers, and had the buyer i issue e another ‘check , , check No. 149. “AC copy of check a ad cad therefore, in violation of § 47 . . the Department of Business and Professional Regulation, as may be appropriate, toi issue a a Final ; FDBPR vs Julian Massler FDBPR Case N° 200080136 Administrative Complaint #149 is attached hereto, incorporated herein and made a part hereof by reference as Exhibit 3. COUNT II Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of § 475 .25(1)(b), Fla. Stat. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 9. Petitioner incorporates and realleges the above allegations. 10. Respondent failed to deposit check 149 into an escrow account until December 14, 1999. COUNT I Based upon the foregoing, Respondent is guilty of failure to immediately place with the registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered employer i in violation of R. 61J2-14.009, Fla. Admin. ._ Code and d§ 475. 25()(K), Fla. Stat. and, (DO), Fla. Stat. : . _ : _ 7 WHEREFORE, Petitioner Tespectfully requests the Florida Real Estate Commission, or Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for ‘violation(s) of Chapter 475, F a. Stat. Gepending v upon the re severity 0 of the offense(s), ‘include: revocation of the license or r registration or permit, suspension of the license, i é : * FDBPR vs Julian Massler FDBPR Case N° 200080136 Administrative Complaint registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an 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; Jmposition of a cease and desist order; or “any combination of the foregoing which may y apps See 8 455. 227, Fla. Stat. and R Rule 61J2- 24, 001, Fla Admin, Code. Se gee te a Sd al FDBPR vs Julian Massler FDBPR Case N° 200080136 Administrative Complaint SIGNED this_9 day of Feb , 2001, Cs aj pri athgd acing Jv Seon of Business and Professional Regulation By: Director, Division of Real Estate | ATTORNEY FOR PETITIONER ‘ Nancy P. Campiglia Florida Bar N° 0164259 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 NC/k - ck PCP: TR/MP 1/01 NOTICE TO RESPONDENTS 7 PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not 5 FDBPR vs Julian Massler ‘ FDBPR Case N° 200080136 Administrative Complaint 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 cal] 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. | 2ol _ 2860 > oC EAN Bove” a : “Sand DORE SAY ee NA SAS sot __OY-(8 PAL TO ” Shereby agree that Seller shall sell and Buyer shail buy the following described real property and Personal property (collectively “Property") pursuant lo the terms ai 5for Salo and Purchase and any riders and addenda ("Contract"): 71 DESCRIPTION: *8 (a) Legal description of the Real Property located in PA LM BEAL foun, Florida: 44 PROM COND METS, ¢7 4 . Cet Fi To ee 0 — = fi st (b) Strost address, city, zip of the Property iss___— & G0 SOUT i OCe PAY Rove HE ST flr Brat FU Daye@n fi "2 (¢) Personal Property: ALC. Tet Purity te TO St AY 3 “151, PURCHASE PRICE: .... OXAZ- 16 PAYMENT: “17 (a) Deposit held in ascrow by JU AM H§SS wee | (LUST Ant lep pope. 'SCrOw ‘Bean in the amoun’ of. *18 (0) Adgitional escrow deposit to be made to Escrow Agent wilhin a days alter Etlective Oale (see Paragraph Ill) in the amount of "19 (¢) Subject to AND assumption of existing mortgage in good standing in favor of Fd having an approximate present principal balance of .. *21_(d) New mortgage financing with a Lender (see Paragraph 1V) in the amount of “22 (e) Purchase money mortgage and note to Seller (see rider for terms) in th amount of #2 (1} Other: “A {g) Balance to close by U.S. cash or LOCALLY ORAWN cashiers or afcial bank check(s), 2sill._ TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this olfe #26 between the parties on or belore __ an we \ Goatact for Sale and Purchase RIDA ASSOCIATION OF REALTORS® ANDTHE FLORIOA BAR 4 me cotter), “at (phone S81) S47 TEN 7 (Buyer), _frrone an ) 680-84 ‘condifions of this Contract wARTIES: ir (EMME S NANCY Clans Dpite NY ag BUF . t . s 420/000, 00 _$ 1000. on $3 ff) aoo0, ao oe 99,990.90 fe $ ee .. ee $ 3 ~$ —— s T8000. 00 MOA. 2° 7 tne deposit(s) a execution, parties include Buyer and Seller or each of the respective brokers or attorneys. The date of Contract ( Ed IV. FINANCING: “0 ) This is a cash transaction with no contingencies for financing: a (8) This Contract is conditioned on Buyer obtaining a written loan commitment within _t “32 fixed of adjustable rate loan in the principal amount af $ 20.0. 2-0 _. at an initial interest rate not to excead u *S principal amount, and for a term of _.__ years. Buyer wil maka application within days (5 days il left blank) after Eltective Date and use reasonable diligence to obi has signed this offer. A facsimile copy of this Contract and any signatures hereon shail be considered for alt Purposes as an origir commitment and, thereatter, to salisly terms and conditions of the commitment and close the loan, Suyer shail pay all loan expenses. If Buyer fails to obtain a commilment or fails to waive 3 Buyer's rights under this subparagraph within the lime for oblaining a commitment of. alter Giigent effort fails to meet the terms and conditions of the commitment by the closing date, 36 then either party thereafter, by written notice to the other, may cancel this Contract ard Buyer shail be refunded the depdsit(s): or aT 8 O (e) The existing mortgage. described in Paragraph Il(c) above, has: La variable inteceat rate: oF (J a fixed interest rate of % pet annum, At time of litie transfer, some fixed interest rates are Subject to increase; if increased, the rate shall not exceed %e per annum, Selter shall {umnish a statement from each mortgagee staling the principal balance, 3} method of payment, interest rate and status of marigage or authorize Buyer or Closing Agent to oblain the same. ! Buyer has agreed lo assume a morigage which requires approval “an 2 a ad iS 46 a7 8 49 #52 53 a 35 a +59 +60 sit 962 +63 Cy 5 Ca 67 Gy 69 79 n 4 475 76 et #35 6 ed Es 0 st it 9f Buyer by the morigagee for assumption, then Buyer shall promplly oblain the necessary application and diligently complete and return it to the mortgagee. Any morigagco chargets). Aol to exceed § 5 oon = (1% of amoun! assumed if loft biank), shall be paid by Buyer. l Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the siated amount, Seller or Buyer may rescind this Contract by writlen notice to ihe other party unless either elects to pay the increase in interest rate or excess mortgage charges, ¥. TITLE EVIDENCE: Atleast S_ days belore closing date, (CHECK ONLY ONE):£] Seller Shai, at Seller's expense, deliver to Buyer or Buyer's attorney: or (} Buyer shall at Suyer’s earance plain (CHECK ONLY ONE): Q absiract of tile: or (lite insurance commitment (with legible copies of instruments listed as exceptions attached therelo) and, alter closing. an ‘owner's policy of tile insurance. carey VI CLOSING DATE: This transaction shail be closed and the closing decuments delivered on Se nefne. bond unless modified by other provisions of this Contract. Vil RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take tite subject lo: comprehensive land use Slans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority: rest i vision: outstanding oil, gas and mineral rights of cecord without right of entry: public iti g i '@ Fear or front lines and 7 1/2 feet in width ag lo the side nless otherwise stated herein): taxes for year of closing and subsequent years: assumed morigages and purchase money mortgages, il any (it addilional items, sce addendum). Provided, that there exists at closing na violation of the foregoing and none prevent use of the Property for purposets). Vite OCCUPANCY: Salter warrants thal there are no parties in occupancy other than Seller: but if Properly is intended to be rented or occupied beyond closing, the fact and terms thereot and the tenani(s) oF occupants shail be disclosed pursuant to Standard F. Seller shall deliver Sccupancy of Property to Buyer al time of closing unless othemwise stated herein. f occupancy is to be delivered before closing, Buyer assumes ail risks of loss to Properly from dale of Cecupancy, shall be responsible and liable for maintenance Irom thal dale, and shall be decrned lo have accepted Property in its existing concition as of time of taking occupancy unless otherwise stated hierar, 1X, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewtitten or handwritten Provisions. riders and addenda shall control all printed provisions of this Contract in contlict with them. X. RIDERS: (CHECK those riders which are applicable ANO are allached to this Contract): ( COMPREHENSIVE RIDER f{]) HOMEOWNERS" ASSN. Qcoasta CONSTRUCTION CONTROL LINE, I&CONDOMINIUM Q as ts QIINSULATION OQ VAFHA QLEAD-BASED PAINT Qa XL ASSIGNABILITY: SPHECK ONLY ONE): Buyer Q} may assign and thereby be roleased fram any further lability under this Contract; C1 may assign but nol be released trom hability under this Contract; or ©} may not assign this Contract. XIL DISCLOSURES: {e) It Buyer wil be obligated to be a member of a homeowners association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL. BUYER HAS RECEIVED AND READ THE HOMEOWNERS’ ASSOCIATION DISCLOSURE. . GS ___________tor treatment and repair under Standard 0 (i! blank, then 2% of the Purchase Price), bs {or repair and replacement under Standard N (if blank, then 3% of the Purchase Price). Ay SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, altach addendum and CHECK Here QO. XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W an the reverse side or attached aro incorporated as a part of this Contract. THIS FORM HAS BEEN APPROVED BY THE FLORIOA ASSOCIATION OF REALTORS AND THE FLORIOA BAR. : Approval does rot constitute an opinion that any af the tarms and conditions in this Conuract should be accepted by the parties in a particular transaction, Terms and conditions stroutd be negotiated based upon the respective interests, objectives and bargaining positions of ail ne cave persons, COPYRIGHT 1998 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS Wr Dee 1% 1999 (Buyery (Gate) (Sallen, (Oatey Sociai Security ortaxio.g _ (03 - SO~ 7S19 Sociai Security or Tax 1.0. # 4, he. o~ Buyeq (Datoy (Saiiery (Oate) Social Secyfly or Tax 1.0.4 _ 10 39> & -309 Social Security o¢ Tax 1.0. # ‘Deposit under Paragraph It (a) received: IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE, BROKER'S FEE: The brokers named beiow, including listing and cooperating brokers, are tha only brokers entlled to Compensation in connection with this Contract: Wome, IULVSTRArED PROPEMITES Jy lure Sih, Beorten mo cen “| Car A Hous ke . Cooperating Brokers, if any Mt AShAL Uisting 6ro1 FARIDAR-SA* Revised 8/98 RIDERS CAN BE OBTAINED mores FLORIDA ASSOCIATION OR. REALTORS® OR THE FLORIDA GAR YG roe (Escrow Agent) ¥ dead to Buyer, at owner's pailcy of tila msurance in thy #MOUAL GI Ihe purchase price, insuring Buyers ile to the real properly, subject! OMny 10 Hens, BiRuTVial eee, carrer’ = uallications provided in this Contract and those 16 he isenamed by Sellar al of dolore closuig. Seller shall convey markulable lille subject only to liens. encumbrances, exceptions or iuahicahons crovided in this Contract. Marketable fille shall he determmnad nccuruitty 1G aupticanin Title Standards adopicd by authority of The Florida Bur ard in agnordance with law > Buycr sna Rave 5 daye trom date of receiving evidence of Ile to examine it. If ile is hyennet ceetacctive, Buyar shall within sak $ davs notify Seller in wriling spceuying tne defect(s). If deteci(s’ mnder fille unmarketable, Seller will hava 30 Uaye tenm receipt of notice to remove the defects, failing which Suyar stall, within five (5) days aker expirniton ot the thirty (30) day pornx! 3 dulfvur written notice to Seller either: (1) extending the time Ines rensonable purl 101 lo exceed 120 days within which Seiler shall use diligent allorl lo ramen tha dafacts: of (2) aquastiny 1214 rulund ol deposit(s) paid which shall be immatiatcly calurnacl to Buyer, If Buyer tails 10 50 nally Seller, Buyar shall ba Gacmerl to have accepted tre lite as It then is. Seller shall, if tile +418 found unntarkolable, use diligent effort to correct Ueincs) within the tima provided thervlir, If Seller is unable fo limely correct the defects, Buyar shall ciliicy waive the defects, or rective a eatund of deposit(s), Inereby calwasing Buyer and Seiler frorn all fwwther nbligations undar ins Contract, If evidence of litle is cloliverad to Buyat less ihre 5 day ptiar to closing, Buyer hn (nay extend closing date su (tral Buyer shall hava up to S days ftom ciate af cacaint of aviduricnt uf litte la axamine same in accordance with “his Standard 97 9, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase munuy inorigacic and mortgaga aute (é Seilur shall provide for a 30-shay ursce peried in thee event nf ri sanil fa frst moegaga and a 13 day gamer parind Ta sacore! or lesser morgage: shall provide ‘or fiqnl al prepayment in whok: oF in part without penaily: snatl permit acesleration at event ot 3H lransine of the real property; shail cequire afi prior hans and encurrbrariccs 1G ba Dorey, SAS 10-99 149 2016 BONISLE CIRCLE PALM BEACH GARDENS, FL 33418 63-4/630 FL DAT. —_T- 1203 reytote eee ely ae. owrthouwud (4: (oe = NationsBemlkss:7 ssao s& Nations Bank, N.A. . ACH FIT 083000047 . Pos yt S5tL7° Se . DER YS 2a AEELICA, ‘or —_4-ff Ac oily: 75-5853 +6&-1+X° 7 ~ 1106 300004 Pt 0030648095 7h" Ok oe 400000." hey HG UT #0)

Docket for Case No: 01-002791PL

Issue Date	Proceedings
Nov. 06, 2001	Order Closing File issued. CASE CLOSED.
Oct. 31, 2001	Letter to R. Soliman from J. Jorgensen regarding Stipulation of Settlement (filed via facsimile).
Oct. 31, 2001	Petitioner`s Motion to Continue the Hearing and Hold the Case in Abeyance (filed via facsimile).
Oct. 23, 2001	Notice of Hearing issued (hearing set for November 9, 2001; 9:30 a.m.; West Palm Beach, FL).
Aug. 30, 2001	Order Granting Continuance issued (parties to advise status by September 10, 2001).
Aug. 29, 2001	Motion for Continuance (filed by Respondent via facsimile)
Jul. 20, 2001	Order of Pre-hearing Instructions issued.
Jul. 20, 2001	Notice of Hearing issued (hearing set for September 11, 2001; 9:30 a.m.; West Palm Beach, FL).
Jul. 19, 2001	Joint Response to Initial Order (filed via facsimile).
Jul. 16, 2001	Election of Rights filed.
Jul. 16, 2001	Administrative Complaint filed.
Jul. 16, 2001	Agency referral filed.
Jul. 16, 2001	Initial Order issued.