Ol-UY4R7L STATE OF FLORIDA Uy Is 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° 99-84990 MARIO LUIS ROBAINA Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Mario Luis Robaina (“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 Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes 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 0461272 in accordance with Chapter 475 of the Florida Statutes. . 3. The last license issued was as a broker c/o Lialma, Inc., 1311 South U S Hwy 1, Rockledge, Florida 32955. et i He lie ali ll i FDBPR v. Mario L. Robaina ; Case No. 99-84990 ’ Administrative Complaint 4. During January through April of 1998, Respondent facilitated a contract for sale and purchase of property commonly known as 961 Levitt Parkway, Rockledge, Florida. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1, 5. Respondent represented the sellers as single agent pursuant to an Exclusive Right of Sale Listing Agreement. 6. Respondent permitted the buyer to move into the property without the sellers’ express consent. 7. Respondent did not obtain any type of written lease or early occupancy agreement between the parties. ~ 8. Respondent did not provide or procure any rental payment(s) to the sellers during the buyer’s occupancy. 9. The sellers filed a civil lawsuit against Respondent and on February 23, 2000, a default final judgment was entered against Respondent in the amount of $1,184.34. A copy of the judgment — is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 10. To date, Respondent has failed to pay the judgment. COUNT I Based upon the foregoing, Respondent is guilty of culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b) of the Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)L., Florida Statutes, ae ee pp oer FDBPR v. Mario L. Robaina Case No. 99-84990 Administrative Complaint ADDITIONAL ALLEGATIONS OF MATERIAL FACT 11. On or about May 17, 2000, Petitioner conducted an office inspection and escrow/trust account audit of Respondent’s brokerage firm. A copy of the audit form is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 12. The audit revealed that the rental distribution account had a total trust liability of $18,199.72 and a reconciled bank balance of $17,324.13. 13. This resulted in a shortage in the amount of $875.59. 14. Respondent was requested to provide an explanation with documentation for the shortage. 15. To date, Petitioner has not received an explanation or documentation with respect to the rental distribution account. 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 depository until disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. . COUNT IV . . Based upon the foregoing, Respondent is guilty of failure to provide an explanation of the required written monthly escrow statement-reconciliations when the trust lability and bank balance do not agree in violation of Rule 61J2-14.012(3) of the Florida Administrative Code and is, therefore, in violation of Section 475.25(1)(e), Florida Statutes. 3 FDBPR v. Mario L. Robaina Case No. 99-84990 Administrative Complaint | 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 of the Florida Statutes, 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 permitée 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. (1999) and Fla. Admin. Code R. 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, 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: imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. (1999) and Fla. Admin. Code R. 61J2-24.001. FDBPR v. Mario L. Robaina Case No, 99-84990 Administrative Complaint Po f SIGNED this 7) dayof_ feet , 2001. J epathent of Business and rofessional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Sunia Y. Marsh Florida Bar N° 0068896 Senior Attorney, Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX SM/k PCP: DS/MV 8/01 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative FDBPR vy. Mario L. Robaina Case No. 99-84990 Administrative Complaint 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 of the Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. FSSLU2 SL REMI A | 1 i F i CONTRACT FOR SALE AND PURCHASE 4 j ELORIDA ASSOCIATION OF REALTORS AND THE FIORIDA BAR . . 4 : iL : , | A ; j} PaRnes: “2{y_22_AND_DARLSNA M, FUNDERBURK (8 MARRIED ¢/\UPLG) oe fuller) | i ereelere u SOSPACE ERALTY. ! (Pasae) ELSEUS SEES! 1 a 1Gha_PERSOS if Baye), . v= nian t (honey TOTES TESST » || Rlesby esses oat Seller ofall eli and Buyer shal buy (he illowing Real Property aud Passonal Propersy FSliatensly "Froparry") pan the folowing terms aad ee ee INCLUDE Stuniarde foe Real Batate Transactions ('Standari(s)!) ox the rivets a= or attached Reretoand adere and addenda (0 ts6 Coneruct tor Sale wad Pursdase ("Coorenet?). Ht : ! i ‘ L OsSCRIFTION: i covnt|| Fonda: BUCKINGHAM atl oruTTT TTH_TOGE 9 9/1599 - Strset addreak city, tap, ef the Pi te Lils iB : Sp Recaea yn S TOPS yaGaty va i RODS ssrrrosiya mir 6) eowall ES MER ME f c a i : : iad he i Real 1) Lepal deagiptnn of Real P U, FURCHASHPRICB «......-+ PAYMENT: (a) Depont Raid in excrow by _8E, 2 22 {0) Addbiooal escrow deposit *thiD days after Ediectrve Date (as delined ia Permgreph 1) (2) Subject to AND assuriytion of ciartgaga In good standing in favor & . Saving na aypreaia | (Gy Puretane money mortgage end core (eee addozdura) in the amount of. | fs) Orker N/A {fp alaoe fo rose by OS sash, LOCALLY DRAWN cemnfied at cnchlers check or ehind-party loa, | ubjoct to adjustments | aed prurations seen i, TIME FOR ACCEPTANCE OF OFFER: BFFECTIVE DATE: FACSOMILE: Uf ths offer leno] cuted by and delivered wall panies OR FACE OF BNECUTION communicated ia writing between the Nnorbafore 02/13/98. tal'doponit(s) will, at Buyer's option, D4 returned 10 Buy- Rae eesen cauneman The vate of Covteact "Exfeqtiva Data’) wil be tbe Gate when {he Lat cne of: Buyer ang Salles bas signed the offer, A Iacucale copy of this Contract and aay siguaiuee berecn sail be considered for 31] perposes na origiaals, " inthe sinoust of... ree $ 1,.290,90 ibe means ie present principal | lance of. TV. FINANCING: * (a) [tthe purchase price 01 of it aso ba financed by a third-party Joan, thla Contract is conditt| hed on Buyes coralaing a wristen cominiment patio it NO days azt Ettociva ite (or (CHECK ONLY ONE): () ated; Chen adiuiadie; or Ide aed or adjustable sate toan for :be priaayal Thouars _£5,000 xt an init intareat rata 30° to © (oon, discount an origination Ihes nwt Yo exceed imeutla ike pacepal emouat and a lena 39 _ peas Buyer will toe Sppleatal sabia Saysaiter Bfivcive Dave and se Reasonable diligence 10 cdsain tbe loaa commitinent and, therea{ter, lo satisfy the terms acd conditist ¥ cf the commirmrat and cust ihe Loan. Buyer suall pay all loan aapeatas, if Buyer iails to Slain the commutmeat or file to waive Huyor'a rights undal] this subparagraph witaia tke Gu. for cbrabuing the Bay a ote thee dllgeot effort, fas ro caeat the terms and conditions cf the coovaitment, (ea ether parry thereafter, by writthn ain (9 be ‘Other, opay cancel fala Coctract and Buyer abalf be rafuased the depons(); of ‘ : i (2) Tos exiaing mortgage decribed to Paragraph I(¢) above hes (CHECK ONLY ONE): a vw abla interest rats; of (J 8 ronal imerert mae ct | YN per ennui At Gin of Ulle raufer aoave Sad Laterust rates are rubject fo increase if Inert. as, the rare shallot exces) -HéB= % Pernanee: { } i Seller ena, wishin U/A days atcer Btfective Date, furnish a statement from each mortgagee ‘auatly ypeinetpal balance, arethud of paymen Gad atue of mort pepe Lf Buyer has kpreod we aiaume a mostgage wblet requires approved of Buyar 7y whe ciortyages for wasumgtion, thea Boyer shall | promptly obteia (1a necessary application aad diligently cumpicte and retuca it to the mortgagee, | ‘Any mortgegos change(s) net to exceed § 7 shail be pal by Buyer. If Buys! bs aot sscepted by mortgsges ce the reywiremenss for assuingtion 416 rot io accordance with the Certs of this Contract or mortgagee caabes a change In en: jas of (he stared atuount, Seller cr Blye: may rescind hb Contrast by written notice ro ihe atber party vata either elects to pay the increase Ia interest rate: pr excuas mortgagee Quy f+ ‘ V. TITLE EVIDENCE: At feast__§__, days deform cloning date, Dut no carticr than _3_. 63 pas obtained the Joag commllment or beco 4 for the loan assumption as provided in Parampepte {a) and (b), above, of, if apglicable, palved che Gaz ay rayuisemeans, (CLIDCR ONLY ON): A] Seer aha ot Salers arpease,dslives to Buyer oe Buyer Mtomey, ot (] Paper sBell tBu yeils expense obtusa, aftet Sallec receives written wecifidation, that Buyer Ceara ee wlth Standard A, (CHECK ONLY ONB): LJabateact of te oc J) ite insureace cor: juitnen 6 ith legible copies of nvisansats listed as ‘eaveptions) 40d, after closing, an uwces’s policy cf tile inaurance, | ' VL CLOSING DATE: This trnnsaction shall be clasad and the deed 454 otha closing papers deibeed MARCA 39,2298 __ valeat mdifiod ‘by other provedoas of dus Contract. 4 ! f Hy VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer sbait take tite subject to: comprubeipive lund wie plans, zoalng, ratrisdoes, prottitiocs | i lceher raquirements imposed By governmencal authoiy resiirlans end watlers agptaring oa the pt or oihersiae women {9 the abandon: poste : 4 willy coscmnte of rocard (caseruente are fa De located contiguous to Real Property loss and nor more: than 10 fect ia width ax to ls teas ce eae does ano | i i Hi TVD tect nwt as to the alle linea, waleas stherwlaa stated hesvin); bis for year of cosing and subat juent years; euaied sncrtgayes soul purbase mo-ey Nee re ie toyt it other outers, see Patera NV}; provided, hat there oxate at closing ao volation 2 the foreyeang sed sige of thom prevects aos Of 6 Brepery fot REQTDMMTTAL. 8 purpoeei). Hi i VI. OCCUPANGY: Seiler werraam that there sce no pasties ia occupancy other than Salles; but, if Property s intended t9 be zwated of uccupled Be$a¢ owing, De fact and ‘erms (herout sal be stated bereia ard tbe teaaai(s) ot ccupanse dleciosed purnliot to Standacd P. Salles ai Auer ceeupancy cf date ot e Property at thoe af losing unless otherwise stated herein, If occupancy 1s to be delivered before ciaing, jJuyes amutnes all ak of Laas te Propet fe excapaucy, shall ba surponuibis acd liable tormauitenonce frous that ate, dng shail be deemed to have i feepted Progerty in its axating soadltivn aa of tod barein. q \ taking occupancy unless ctbeswis [x TYPBWRETTEN OR HANDWRITTEN PROVISIONS: Typawatten of handwritten pronisicas, i Jers snd addenda abali ecatect all anted proviusrs uthis Contract in sonllie with thee : XX RTDERS: (CHECK chase riders shich aro appilsable AND sce adcashed s0 ¢hie Consract): : : (©) EICONDOMINILIL @) QVArHA () (JCOASTAL CONSTRUCTION CONTROL LINE (6) GIFORBIGN (NVUSTAUBNT IN REAL PROPERTY TAXACT — (Q) GUHONEOWNERS! & SOC.ATION RIsCLOsURE (2) Qinsuraiion ' ) (rasist ool (x) SPRGSDPNTIAL 12 D-ASED HAZARD SISCLOSL RE f 3} __Aposnomy —- | | FAM/DAR Ruvised 13/93 (C) 17, “Flodde Amuciation of Reslte(R) P.O Box 725025 Orlando, Foi Ba 32872-5028 All Kighca Raserved “Tha (cou is tiseased for we by ISG-McAlhetar Publishing 303-546-6155 : i “eBbIA Bens re OF XI, ASSIONABILITY: (CHECK ONLY ONE): Buyee{]] may annign and chareby be cpleased from ar: further tinbilay nda bin Contemns Cimay niga Dut at be released frou dibility under this Comtenct; ox Gi} may not aaalga this Cuntract. i Xa. DiscLosuRES: a {a) Radon ina naturally cecuccing cedlasctive gas that whea accumulated In a building in sufficient qui atltles may prasant health ctahe sereaod ta st over tase, Lavols of ruden Gat aweed federal and state gudatines bave bean (ound in b:lUlngg in FSnn$a. acitionad ule Ridoa or Radon testing aiey be obtained frum your Couuty Publis Health ni {b) Buyer ay have determined the energy ardcloncy eating of tba resdectial buldlag, if any ls located on} ihe Reab Properry fe) U the Rael Property teclugen pro-1¥i8 1oeldontlal huvelng theo Parageaph Kh) kratendatery, ‘i XED. MAXIMUM REPAIA COSTS: Seles shall oot be eagpoastble for tbe payment of coats Ln amaze «2 rol tor coatment and topalt under Standard D (if blans then 2% of cbs Purcilane Brice) i Os fur pale snd replacement under Stendand N (if black, then 3% of the Pi pie Price). i XIV, SPECIAL CLAUSES: If additional space is required, atach auldenduaa isd CHECK HERR! THiS 19 (WTHNDED TO BE A LEGALLY BINDING CONTACT. IP NOT FULLY UNDERSTX OD, SHBK THB ADVICE OF aN ATTORNEY PRIOR TO SIONING, THIS FORM HAB BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THB FLORIDA BAR, Approval does aut senstitute un opinion shac way ufthe farms and condittons in this Contract showul be accel ted by the parties in 4 pacticuiar Irefsactton. Terms and fondirians shuyld by rugonigied bases upon me respective interests, objectives spud Sarculing gl Intereated persgos. . 2 i _ (Bayar; Dyey Hl (Datey Sexial Secuticy or Tas ED. # Social Secvitty of TiK LD. # i : 1 Bayay arey [7 Daal Social Sactrily of Te LD. Social Seowntvar Tex 1D. # Deposit under Paragraph Il (4) 1ecoived; IF OTHER THAN CASH, THEN SUBIECT TO CLEARANC]|. _RE/NAS AEROSPACE "(Bucs gent) BRORDR’S ABH: The Seoxers gained below, {nclvsing ting snd coopernting brokers, are the only beak! s entitled 22 compensation ia casacitice eich this Conera: | Newe __RY/MAX ARROSPACE REALTY HB /MAX I] 4 ! Listug Broker Saepeniney OF aay STANDARDS FOR REAL ESTAYB TRANSACTI 1 A. Byideace of Tita (1) An azstcact of ite prepared or brought current by « sepucable and existing abstrs it Gsm (if oot cadming then ceititied as correct by 40 ‘seating fina) purparting to be an accurate eyaupais of the inatrumécts affecting ttte to tho Real Property m| orded in the public records of the cqualy wheseia (56 Baal Propery w located through Etfectiva Date, It shall eomatense with the oustiest public recerds, or wiij| tar dale as may bo cusfcreary b the county, Upca closing of hit Coacract, the abstract shall Dacome the property of Buyer, subject (0 the right af retsation! hereot by (host mertyegee uatil Olid pcs. G) Ate insurance commitment isues by « Florida licensed tie insurer ogresing to iueus Burke, upon recanstog of | de daad to Buyer, au vere’s patcy gf ile iasaace inthe amovat of ihe purcbese price, Insuring Buyer's tide fo the Rael Property, subject cniy to lira, encurl prancee, amaptions of qusilficadiond provised in (tis Contract and those to be Jascharged by Seller at ar before closing, Sellar shall coavey marketable title subjo} | cnly to flens, eacumbraaces, cxrepdoca or quallicat- jus provided in thus Coptract. Markemble titie shall be deteraained accordiag to applicable Tile Standards! Moped by authority of The Flartds Bar and in accard- ace wth baw. Buyer aball bave 30 days, Cabsrrect, of 5 days, [fitle comenitenent, from dare of racoiving #| Banca of tide to exainine it, Lf utle wb found defeche, Buyer shall withla 3 days thereafter, acsily Sellar In writlog specifdag the Gafect(a). If detacr(s) reader tltie! inmarketabie, Soller will have 30 days {com receipt ct noilce 10 cemone the Gefects, falling which Buyes shall, within Ove (5) daye after expiration of the thirty (34! day pertod, deliver written aotice t@ Sallar wither: (15 Sapling thesia oe 4 earonable period net (0 cases (20 dape sil whic Salle shal wi cignnt at 0 oenonn he dlvan vt (2) mavirting estan Seponutt) (paid whlch shall ba immediately retuned to Buyer. Te Buyer tale to-s0 notity Salles, Buyer halt ti] daamed to Rave accepted iho tile abit chen la Seller ull, if ite i found unmackctable, use dillgsnt altort 10 correct doloct(«) withla the time provided cherefor) iff Seller is unable fo timely comest {le detects, Bayer hall einer salve he delocey ar tecelve a cufucd of depout(), thereby releasing Buyer and ScLer (row alll ther obligation oder thie Cootmed 1. Puschase Mocay Mortgage; Secuzity Ayreament to Saller: A purchase money mortyrpa and mortgagd prota to Seller shall provide for a 30-Say apace paciod in the event of detaulcifa fire mortgage apd a 3-day grace peciod fs Fi recond oF lower hall provi |e for anon eth tawhole dela past wtkout yeaaity; snait parmit asceleracion a evwat of teanafer of the Real Property; rhall require all petor then and inoumbreaces +o fa good sindlagand forbid orodificacioas of or foture advances vader prior mortgage(s); ahall cequire Buyer to maincaln policies of inay we contalalog a siardaas mongagee clause coves, al improvemeass locutedon the Regl Property against fire sad. aie site inclades within the teem “eaten coverage ecdoreements’ and such ther risks 8 Seller may reasonable require, in an aroouat equal fo thelr lewureble valve; aod the mortgalp note and sacunty agreement abel] be omervite form and content caquired by Seller; but Soller may only require clauaca aad coverage custoreardy found |] mortgages, martgage notes agd secaclty egeemanss geneaally utilloed by savings and loan inetitucdons of state or naticaal banks located la {he county wharela (hi |Real Property is located. All Peradzal Property and feasea Delng conveyed crumigued wil, at Seller's eptloa, be subject tothe liea of « cacurisyapreament ev{ enced by recorded Anancing statecoats If « bali mortgage, che final payment will exceed the periodic payments tberson, i C. Survay: Buyer, at Buyer's uxpenaa, within tlie allowed to deliver evidence of tine aad to examine same, | bay have ibe Real Property surveyed and certides ty sreyjstered Flaride surveyor. if the survey disclones cusroschmrents on the Real Property or that jents locates thereon encroach ca siabeck tines, crac ents, Linds of others or violate any restrictions, Coattact covenants cx applicable governmental regulation, jie same ball constitute a ctle defer D. Tomltar: Buyce, at Buyer eturt batore closing, Advance rentiaod sicanty dep i way beford coring. Buyer Gist will be credited to Buyer, Zecrow Seposita bald by mortgagee will ba credited to Sellec. Taxes shall be f] orated based on the cucrent year’s tax vith due allows hase made fo¢ maxtmvara allowable discoval, homestzad and her cemptions, if clcalng occurs ab a date wi) a the currect years aullage lence Gxed sod current ar's asacesmieat ie available, taxes wit de prorated based upon such xstedatnzat and price year’s millage, il current year's assceement ix oot availabl t wii Ua promuted on prior years tax: Tf there are completed improvements on the Roal Property by Jenuary it of year of closing, which auprove |] emireace on aauery Lat of prior yeas, then faazs satil Le prorated based upon prior year's millage and at ail equitable aneantmant (3 ba agrecd upon between the parties; fadieg which, :equeat shall be made (0 the County Property Appraiser for au informal assessment | King into account available ozamptibes. A tax proce eo Dased 00 sa sacicnete stall, at mquest cf either party, be readjusted upon receipt of tax bill ob capditicn; ‘bat a statement to shat ecfact ix atgoed at closing. MC Spacia! Auscasmest Lleze: Certifted, conflaned 2nd ratified special astosarnect fisns a of date cf clotis| (Oot ak of Effective Datc) aro to b4 paid by Seller, Pandiag tens as of dare of closing shail be aurumod by Buyee. Ifthe iniprovoment has bean substantially coil pleted as of Ecfoctive Date, aay pending tien shail be soasidered certifes, conflaned or ratified ard Soller ehuil, st slowing, be charged an amount equal to the lft catimate or asseasreent for rhe lanbroventent dy the penilg body. af Griaspection, Repair end Malatenance: Seller warrents that, 28 af 10 days priot t0 dosing, the celllng, sox) ' Gocliding the fascia and soTits) suf exterior and io- enor mulls, ZovaUuica, semwails (or equrvalant) And dcauaye 40 cot have any Visivte Bvidance of leaks, viet damage cr structural famepe and thar the sepilc | sark, pool, ul epplances, excchanical tems, Neatiag, cocling, electrical, pluxing systems and machinery ania Working Cundlilea, Tas foregcibg werrwoty tall Sa iited to the items specified ualeas otherwise provided in an addenduin. Buyer foay, af Buyer's cxpansa, | Save inspections inade of zhose iserap by 4 fhm oF bd |] stdual epasaliing a tome inepoctions and feling xa sceupetlocal Seenas fox such purpose (I'roquira|! orbyan syproprately licensed Fras soniracar. ~ 4) Suyee sna, per to Buyer's accupsncy or not less thsa 10 days prtor to cloning, shichevec ccturs fice top| xt in writing to Seller sucd iterus that do aot meet the | |) geove etaadarde as to defects, Unlass Buyer imely reports auch defects, Buyer ahall bs deamed to have wari 3d Seller's wasrantzes aa 0 defects nf topamed. Ure~ | i | | | pairs of replacements ara xequulied to counply aith this Stundazd, Sollee shall couse them to be toda and sha)’ pay up 10 the amount provided in Phregraph XLIT(3). 1 Slyeris noe roquized to make repnizs cr replacements of s commmetic nature uniem caused dy a defect Soller! ¥ rexponnbie ro repair or replace. if tea cot for suck ‘sepals cx replacement exceadg the aciount proided in Paragraph XII(b), Buyer or Seller ray elect to pay] uch exces, failing which cither pay may cuacel (dis Elotenct, If Scuer s uaable t0 correct the delects price (o cloving, “he coat thereof shall be paid tate cacrow | cloung, Sauer shail, wpon reascauuie redice, aavide elitiea service and acteas (9 the Property for lnepectlans, including « walk-Iheough priar ta chasing, to FLORIDA ASSOCIATION OF REALTOR!) Addendum No. 2 tothe Contract dated __yepRvary 13, 1198 | between concerning the property described as: ; a eB ¥4 1G 35! i (the “Contract’). Buyer and Seller make the following terms and conditions Fi ut of the Contract: 1 “The Florida Association of Raalrors and local Board /Aasoolation of Resitore make no represon'||don as to the logal validity ar adeqyacy of any provaion of thie form In any specific transaction. ‘This standardized form should not be uso) lin complex transactions ox with face ar additions, ‘Tala fora m available for vee by tht aatire real estate industry and || sot intended to identify the user as 3 REALTOR(A) REALTOR(R) ie « re; collective memberthip mark that may be sed os ‘by real ostate Hoecsens whe are members of the National Association of REALTORS(R) and wha subscribe to its Code of Bthics. The! ight laws of the United Starcs (17 U.S. Code) forbid the voautborizad reproduction of blank farms by ady chess INeluding facsimile o¢ | Bexputerizes forms. i . 1 ij TACSP-2 3/98 Copyright 1995, Plorida Association of Raaltarm(R) P.O. Box 725018 Orlando, Mlorkl> 3IB7ZS025 All Rights Reserved! This form is lcenacd for wse by ISG-Medllister Publishing 800-536-1027 H \ wees H LOCK if. CV-FJDODIS VD-FUPLF IN THE CIRCUIT COURT, EIGHTEENTH JUDICIAL CIRCUIT, BREVARD COUNTY, FLORIDA IN THE COUNTY COURT, BREVARD COUNTY, FLORIDA CASE NUMBER DIVISION x] [x]civit COURT DISPOSITION FORM 99-15422-SP-2 PLAINTIFF DEFENDANT Mario L. Robaina d/b/a: Remax Aerospace Realty 1311 U.s. 1 Calvin P.sFunderburk & Darlene M. Funderburk 4701 Dillingham Court Raleigh, N.C. 27604 & FINAL JUDGMENT PLAINTIFF [_JOEFENDANT BY DEFAULT STIPULATION AFTER TRIAL DEFAULTED STIPULATION On tha evidence presented to the court, IT 1S ORDERED and ADJUDGED that Plaintiff Calvi _ Calvin and Darlene Funderburk hereby recovers from Defendant i i ae ~ 1,184.34 on principal, $ Reserved —— as prejudgment interest, reseaceaae= for the sum of $ attorney's. faas, with costs of $ Reserved ,foratotalef$ —__, alll of which shall bear interest at the rate of 10 % pes yaar as provided for by Florida Statute, for all of which let execution issue. (] FINAL JUDGMENT DEFENDANT NOT INDEBTED : | This causa was tried before the court. On the evidence presented IT 1S ADJUDGED that Plaintiff take nothing by this action and that Defendant go hence without day and recover costs fram Plaintiff in the sum of $ that shall bear interest at the rate of % a year for which let execution issue. CI IT 1S ORDERED AND ADJUDGED that the defendant(s) shall complete Florida Small Claims Rules Form 7.343 (Fact Information Sheat) and return it to the Plaintiff's attorney, or to the Plaintiff if the Plaintiff is not raprasented by an attorney, within 45 days from the date cf this Final Judgment, unless the Final Judgment is satisfied or a Motion for New Trial ar Notice of Appeal is filed. Jurisdiction of this case is retained to enter further orders that are proper to compel tha Defandant(s} to campleta Form 7.343 and return it to the Plaintiff's attorney, or the Plaintiff if the Plaintiff is not rapresented by an attorney. DONE AND ORDERED BREVARD COUNTY, | FLORIDA Pao. Hey. 1197) E. a oo G PAGE Ay _ tL EPARTMENT OF BUSINESS & PROFESSIONAL REGULATION Division of Real Estate OFFICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM pate S-) 1-00 NAME OF BROKER MOOG | na_Ma ata du LSNAME CF BROKER SROKEALICENSE #70" pf 1G yp ait ig | BROKER LICENSE FT] TF NAME CF BROKER NAME OF BROKER —s BROKER LICENSE # ! | : } feed os) a ca mn Bt) cn oO m a ay he PHONE NUMBER 32) -63) -~5S/ CITY COUNTY ZP Brevard’ 3295S NO 7 - REMARK i | i | i3il SUS 4 Backledge a) OFFICE {RULE 6142-10.022 & .023) REQUIRED OFFICE SIGN (RULE 61J2-10.024) ES / AGENCY OR TRANSACTION BROKER DISCLOSURE wa (F.$.475.276 &.278) STATEMENT RECONCILIATIQNS (RULE 61J2-14,012 — +00 SALES: TOTAL TRUST LIABILITY AO 2b BO ° RECON BANK BALANCE AO LS AS: a Q = = come amour 145.235 __ SECURITY DEPOSIT: TOTAL TRUST LIABILITY RECON BANK BALANCE | (SHORT/OVER} AMOUNT RENTAL DISTRIBUTION: TOTAL TRUST LIABILITY fl g q { : 2 ai | RECON BANK LANCE LAU BZax. 13 | Gephpven, acne S75 : 59 REMARKS: | HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE ALL RECORDS PERTAINING TO MY SALES ESCROW/TRUST ACCOUNTIS} AND My RENTAL PROPERTY MANAGEMENT ACCOUNTIS) HAVE BEEN PROVIDED TO THE INVESTIGATOR. THE ABOVE VIOLATIONS WERE BROUGHT TO MY ATTENTION THIS DATE AND THROUGHLY EXPLAINED. | WILL TAKE CORRECTIVE ACTION WITHIN DAYS AND PROVIDE DgPR WITH PHOTOS, SKETCHES AND DOGUMENTATION OF THE CORRECTIVE ACTION TAKEN. / Paes flA—~ $i) -08 LOA QLT2- | 5747-00 (SIGNATUAE GF BROKER) (DATE) iSi TURE tT (COMPUTER iS ay (OATS) CITATION ISSUED YES NO 4: COMPLAINT COCKETED YES NO #: NOTICE CF NON-COMPLIANCE YES NO Pursuant to s. 455.225 (3), F.S., the Commission sets forth rules which ara considered minor viclaticns for which the OBPR shail provide a licensee with a netice of noncompliance. A violation of a rule is considered minor violation if it dcas not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or Create a significant threat of such harm. The notice of Nencompliance shall only be issued for_an Initial offense of a minor violatio ar - . ort Be issued for an initial VIOLATIC CORRECTIVE PATE c. { [a WHITE COPY ~ FIELD OFFICE YELLOW COPY - LICENSEE ee f E cree meee ee ' i i i : E NEE FCN BT TRIER rere

Docket for Case No: 01-004487PL

Issue Date	Proceedings
Feb. 04, 2002	Order Closing File issued. CASE CLOSED.
Jan. 31, 2002	Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jan. 28, 2002	Petitioner`s Unilateral Proposed Pre-hearing Statement (filed via facsimile).
Jan. 04, 2002	Notice of Taking Deposition by Telephone, C. and D. Funderburk (filed via facsimile).
Jan. 04, 2002	Petitioner`s Response to Respondent`s First Request for Production (filed via facsimile).
Jan. 04, 2002	Notice of Taking Deposition by Telephone, C. and D. Funderburk (filed via facsimile).
Dec. 07, 2001	Order issued (the depositions of C. and D. Funderburk may be taken vial telephone and may used in lieu of live testimony at the final hearing).
Dec. 03, 2001	Notice of Hearing by Video Teleconference issued (video hearing set for February 7, 2002; 9:00 a.m.; Orlando and Tallahassee, FL).
Dec. 03, 2001	Order of Pre-hearing Instructions issued.
Nov. 27, 2001	Motion to Take Deposition by Telephone and Motion to Use Deposition as Evidence at Formal Hearing (filed by Petitioner via facsimile).
Nov. 27, 2001	Joint Response to Initial Order (filed by Petitioner via facsimile).
Nov. 20, 2001	Initial Order issued.
Nov. 19, 2001	Election of Rights filed.
Nov. 19, 2001	Administrative Complaint filed.
Nov. 19, 2001	Agency referral filed.