02 Ap APR 22 ayy 47 STATE OF FLORIDA DIVIstopy ym DEPARTMENT OF BUSINESS AND PROFESSIONAL, REGULATIONS | (OF FLORIDA REAL ESTATE COMMISSION Besar ina WE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, Vs. FDBPR Case N° 20018099] 200180992 RALPH KLINE EVANS AND VERONICA EVANS, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Ralph Kline Evans and Veronica Evans (“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 Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated pursuant thereto. 2. Respondent Ralph Kline Evans is and was at all times material hereto a licensed Florida Florida Statutes. The last license issued was as an active salesperson at Immanuel Realty, Inc., t/a Florida Executive Realty Carrollwood (hereinafter Florida Executive Realty), 14007 North Dale FDBPR vs Ralph Kline Evans FDBPR Case N° 20018099] Administrative Complaint Mabry Blvd., Tampa, Florida 33618. 3. Respondent Veronica Evans is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 0632340 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active salesperson at Immanuel Realty, Inc. t/a Florida Executive Realty, 14007 North Dale Mabry Blvd., Tampa, Florida 33618. 4. On or about September 14, 2000, Respondents effected an Exclusive Right of Sale Listing Agreement between Coldwell] Banker Residential Real Estate (hereinafter Coldwell) and Larry and Joyce Beltz (hereinafter the Beltzes), agreeing to sell rea] property commonly known as 173] Brightwaters Boulevard, N.E., St. Petersburg, Florida 33704, A copy of the agreement is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. The term of the agreement commenced on September 13, 2000, and terminated on March 13, 2001. 6. On or about February 5, 2001, the Respondents discontinued their employment with Coldwell and placed their licenses with Florida Executive Realty. 7. On or about February 8, 2001 » Respondents relisted the Beltzes property on the Multiple Listing Service with Florida Executive Realty. 8. The Respondents failed to obtain authorization from the Beltzes to list their property with Florida Executive Realty. FDBPR vs Ralph Kline Evans FDBPR Case N° 2001 8099] Administrative Complaint COUNT I Statutes. Based upon the foregoing, Respondent Veronica Evans 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 Section 475.25(1)(b), Florida Statutes, 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 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 FDBPR vs Ralph Kline Evans FDBPR Case N° 200180991 Administrative Complaint any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for 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 Section 455.227, Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this _ctlo day of Fuh , 2002. C Jepartmient of Business and Professional Regulation By: Director, Division of Real Estate FDBPR vs Ralph Kline Evans FDBPR Case N® 200180991 Administrative Complaint ATTORNEY FOR PETITIONER Stacy N. Robinson Pierce Florida Bar N° 0182796 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 SRP/k PCP: — CV/JR 2/19/02 NOTICE TO RESPONDENTS SOE EY RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes 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, 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 5 Sa: SthOOTL neat ESTATE inc EXCLUSIVE RIGRT OF SALE LISTING AGREEMENT ae oo Tus Fxelysive Right of Sale Listing Agreement (“Agreement”) is berween PRS & Semeg, ec rz. pay Seller" and Coldwell Banke Reglemtis! Reat Estate, fae UM naker™ Bo! ye Seller mailing address SLO 2 kTware cs Sik BT pee 322 Joe lL EXCLUSIVE RIGHT OF SALE: ty consideration of the covenants set forth herein, Setier hereby grants Broker the exclusive right to sell the real and Personal property described below (eollectively, “Propery'y far fers stated herein - = Personal property, including appliances’ Se-2e.c4 WAIMOL Mayers Du Row Ave Fults a A BEY ty =F hi laa opens . Seller represents that he/she/it 1 legally entitted to fon the Property and that the Property ts nut currents desumieg by a tenant Woccupiedetetense rermomtenaney 6 ice Maman, ou re 2. TERM: This Agreement shall commence on the AF day ot ear 2082 iid termmoate at 1159 pm onthe yer of DIALCA £200 / (“Lemunaiion Date) Upon Fol «a ulin ofa contract tue sale and purchase of the Property, alt Fights and obligations of this Agreement shall aulomatiCally eaend (rough the date of the actuat Closing of the sales contract’ Upon the acceptance of any lease ue rental of the Property during die lerm of this Agreement, the Venaination Date shutl automatically be extended for 2 perund equal i the term vf sattd lease: or rental and any extension or renewal thereof 3, PRICE AND TERMS; The Property 1s offered for sale on the following terms aS ig a) Price 1 Price includes ull fixtures except b) Financing Terms: 3UCash 3Convemonat 32 J FHA © Other _ ©) Seller Financing: Selley will Provide financing in the form of a Purchase money Moteave in the amount op $ A hea tollowing tenny a 4 BT me wae ee d) Assumption of Existing Mortgage: Buyer May Assume Seller's EXIStINg Mortgage 19 the approximat amount of 5 The mortgage is for a term of years beginning in CaO fixed O variable intefest fate %. Buyer will be charged an assumption lee by Lender ol & _. and Lender Sumpuon O ts required Gis noe required QD unknown Notice to Seller Even hoy. the mortyay Y bpvassumed, Florida law provides that you May Stl remain liable after the Property Check with your Lender to determine the eXtent of your habitity, Seller represents that all mon, , and required escrow depasits will be current at the time of closing and that Seller will convey the escrow cep to the buyer at closing 4. BROKER OBLIGATIONS AND AUTIIORITY: Seller authorizes Broker to: (a) advenise the Property as Broker deems advisable in newspapers. publicawans, computer networks and other media, ibs place appropriate transaction sign ua the Propers:, inciuding “Far Sale” and "Sold" Signs (once Seller signs a sales couteacts tc1 yse Seller's name in connection with marketing or advertising die Property; (d) obtain taformauan relating to the present Morlgage(s} on the Property: (2) Place the Property and all ansaction infonmatiun ina aiultiale NSUeg service OME Ss 18) use a lock box system iv show and access the Property lock box does nat ensure the Security of the Pronern: Seller is advised to Secure or remove valuables, Seller agrees that the lock buy is for Seller's benetis and Seller Broker ang-persons working through Broker (ruin all liabilicy and responsibility in connection with any loss and (a) withhold verbal atters S. SELLER OBLIGATIONS: Seller agrees to: (a) cooperate with Broker in Sam} NY OUL Ihe purpose oF tnrs Avteement, including referring immediately to Broker all inquires regarding the Property, (b) provide Broker with keys 10 the Property and make the Property available for Boker to show during reasonable times; (¢) inform Broker peer te leasing, mortgaging or otherwise encumbering the Property: (i) perform any act reasonably necessary to comply with FIRPTS Untemat Revenue Cade Section 1445): (e) consutt appropriate professionals ty felated leat, tax. proper condition, environmientat, foreign reporting reuuitements and other specialized advice. (f} make alf legally rewuired disclosures, including all facts that THY Matenally affect the Property's value and are not readily observable oe known by the buyer. Seller fepresents and warrants that Seiler knows of no such Materia! facts exceot these expressty vet forth in the Seller's Property Disclosure Statement attached hereto and as follows 0. COMPENSATION: Seller shall compensate Broker as follows far Procuriny 3 buyer whu ‘5 ready willing and able to purchase the Property ot any incerest in the Property paihe terms specified herein i) Seller agrees to pay Broker a tee in the amount y Te 8% 4 [Gy “oo# the total purch price OR Me.) This tee shall be paid nOater than the closing af the wansacon however, closing 1s Det 2 Prerequisite for Broker's fee beiny earned Brokee’s fee shall be due if +i) during the terns ot iis ‘eTeement, Setler cither Wansfers of enters intu a contvact to iansfer the Property, whether by sale. lease yh hb 4 exchange, governmental action, forectosure, agreement for deed, bankruptey of any other means of transter, cegardtess of whether the buyer was secured by Broker, Seller or any other Person, (ii) Seller refuses to accept an offer at the price and terms stated in this Agreement. defaults on an executed contract Of agrees with a buver to cancel an executed contract; of (iii) within 130 days afler Termination Date (“Protection Period”), Setler transfers or contracts ty transfer the Property or any interest in the Properiy to any Prospects With whom Selicr Broker or any real esiate licensee communicated regarding the Property prior to Fermination Date, However, na fee will be due if Seller enters into an Exclusive Right of Sale Listing Agreement with another Broker after the Termination Date and the Property is sold through that Broker, bi Ss or gx hs of the consideration paid for an Option, a4 the time an option 4s granted. If che option is exercised, Seller shall pay Broker the fee in subparagraph (a) above. less the amount Uroke; received under this subparagraph; . cr § or [0% of the 7085 lease value on the date Seller enters into a lease or agreement to lease, whichever is soonest: 9) Wh addition to Broker's fee above, Seller shall pay Broker a real estate processing and handling fee in the amount of $195.00 at closing ¢) Retained deposits: in ihe event that Seller retains any deposits in connection with a tansaction that does now close for any reason, Broker shal! be eniitled to receive 50% of all such retained deposits, not to earceed the fee set forth in subparagraplr(a) above> : 7, INDEMNIFICATION: Seller agrees (o indemnify Broker and hold Broker harmless from losses, damages. cists and expenses of any nature, including attorney's fees, and from lability 10 any person, that Broker Mcurs because of ia; Seller's negligence, representations, omussions, actions, oF inactions, (b) the use of a lock box, (c) the existence if undisclosed materials facts about the Property, o (d) a court or arbitration decision thata Broker who was not compensated in connection with a transaction is entitled to compensation from Broker. This section will suevive closing and the transfer of title 8. GOVERNING LAW AND ATTORNEY'S FEES: This Agreement shall be construed under Florida law. In connection with any litigation (including appellate proceedings) which in any way arises out of of relates to this Agreement, the prevailing party shall be entitled to fecover reasonable atturney's fees and costs 9% ACKNOWLEDGEMENTS: — Broker's general company policy 15 to Sooperate with, and compensate, f brokers. Florida law permits a cooperating broker lo represent’ the interests of the buyereven though that broker 15 Compensated by the Seller. Broker agrees to make diligent and continued efforts to sell the Property untita sales contract is peading on the Property. Seller and Broker acknowledge thar this Agreement does not Suarantee a sale This Property will be offered to any person wathout regard lo race, color, religion, sex, handicap, famituil sianus, national origin or any other class or status protected by federal, state of local Jaw 10, ENTIRE AGREEMENT: This Agreement sets forth the entire agreement between Seller and Broker and may onty be modified in writing signed by Seller and Broker 11. MISCELLANFOUS: This Agreement is binding on Broker's and Seller's heirs, personal representatives adnunistrators, successors and assigns Broker may assign this Agreement to another Coldwell Banker office Signatures, initials and modifications communicated by Cacsumsle will he considered ae originals The term “buye used in this agreement includes buyers, tenants, exchangors, optionees and other categones uf potential ura Sransterees SEEEN RIGHTS: SeHtersemnurtzes Broker to Tile a lien against the property in ihe public records ta secure payment ofthe compens: ‘ aragraph 6 of this Agreement and authorizes Broker to enforce the lien and waives gb homestead ciahts-am: - + ss —, \ “ 13, HOME WARRANTY: Seller Q does op8does not wish 10 participate in a homme wate af a\ aan ¥ Protec yey pl 14. MISCELLANEOUS: ; ar DEE ETT ae ger, RES ILD ne he 0 6) by 3p (oon ye) THUS IS INTENDED TO BE A BINDING CONTRACT. IF YOU DO NOT FULLY UNDERSTAND THIS CONTRACT, CONSULT AN ATTORNEY BEFORE YOU SIGN IT By si low, Seiler understands and agrees te J conditions of this Agreement ) : 8 f Ey rial bae_G -/fr Ze. Coldwell Benker Residential Real state, lic te Seller acknowledges receipt of a copy of this Agreerhent on 20__by O personal delivery, O mail, ©) sax Cee ae Oate Poe - (AS lts Authorized Representanse}

Docket for Case No: 02-001614PL