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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs CLAUDIA M. HEISE, T/A TREE REALTY, 02-002111 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-002111 Visitors: 8
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: CLAUDIA M. HEISE, T/A TREE REALTY
Judges: WILLIAM R. CAVE
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: May 20, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 23, 2002.

Latest Update: Dec. 24, 2024
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crery ‘s 'n. whether flood insurance is fequirec ind what resiricticns apoly to improving the Property and rebuilding in the event of casuaity. If the Property is in a Special Ficod Hazard Area or Coastal High Hazard Area and the buildings are built below the minimum flood elevation. Buyer may cancel this Contract by delivering written notice to Seller within 20 days from Effective Date, failing which Buyer accepts the existing elevation of the Suildings and zone designation of the Property. (d) Homeowners’ Association: if membership in a homeowners’ assocation is mandatory, an association disciosure summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property in the same cerdition from Ctive Date until closing, except for normal wear and tear ("maintenance requirement") and repairs required by Contract. Seller will provide access and utilities for Buyer's inspections. Buyer will renair all damages to the Property resulting from the inspections and return the Property to its pre-inscection condition. If Seller is unable to complete required repairs or treatments prior to closing, Seller will give Buyer a credit at closing for the cost of the repairs Seller was obligated to make. Seiler will assign all assignable repair and treatment contracts to Buyer at closing. (a) Warranty, Inspections and Repair: (1) Warranty: Seller warrants that non-leased major appliances and heating, cooling, mechanical, electrical, security, sprinkler, septic and plumbing systems, seawall, dock and pooi equipment. if any, are and will be maintained in working condition until clasing; that the stmictures (including roofs) and poot. if any, are structurally sound and watertight; and that the Property has proper permits. Seller does not warrant and is not required to repair cosmetic conditions, unless the cosmetic condition resulted from a defect in a warranted item. Seiler is not obligated to bring any item into compliance with existing building code regulations unless necessary to reoair a warranted item. "Working condition” means operating in the manner in which the item was designed to operate and "cosmetic conditions" means aesthetic imperfections that do not affect the working condition of the item, including pitted marcite; missing or torn screens, fogged windows; tears. worn spots and discoloration of floor coverings/wallpapers/window treatments; nail holes, scratches. dents, scrapes, chips and caulking in bathraom ceiling/walls/flooringstile/ fixtures/mirrors, and minor cracks in floor tilesWwindows/driveways/Sidewalks/pool decks/garage and patio floors. (2) Professional Inspection: Buyer may have warranted items inspected by a person who specializes in and holds an occupational license (if required by law) to conduct home inspections or who holds a Florida license to repair and maintain the items inspected ("professional inspector’). Buyer must. within S days from the end of the Inspection Period, deliver written notice of any items that are not in the condition warranted and a copy of the inspector's written report, if any, to Seller . If Buyer fails to deliver timely written notice, Buyer waives Seller's warranty and accepts the items listed in subparagraph (a) in their “as is" conditions, except that Seller must meet the maintenance requirement. (3) Repair: Seller is obligated only to make repairs necessary to bring warranted items into the condition warranted, up to the Repair Limit. Seller may, within 5 days from receipt of Buyer's notice of items that are not in the condition warranted, have a second inspection made by a professional inspector and will report repair estimates to Buyer. If the first and second inspection reports differ and the parties cannot resolve the differences, Buyer and Seller together will choose, and equally split the cost of, a third inspector, whose written report will be binding on the parties. If the cost to repair warranted items equals or is less than the Repair Limit. Seller will have the repairs made in a workmanlike manner by an appropriately licensed person. If the-cost to repair warranted items exceeds the Repair Limit. either party may cancel this Contract unless either party pays the excess or Buyer designates which repairs to make at a total cost to Seller not exceeding the Repair Limit and accepts the balance of the Property in its “as is" condition. (b) Wood-Destroying Organisms: “Wood-destroying organism" means arthropod or plant life, including termites, powder-post beetles, oldhouse borers and wood-decaying fungi, that damages or infests seasoned wood in a structure, excluding fences. Buyer may, at Buyer's expense and prior to closing, have the Property inspected by a Florida-licensed pest control business to determine the existence of past or present wood- destroying organism infestation and damage caused by infestation. If the inspector finds evidence of infestation or damage, Buyer will deliver a copy of the inspector's written report to Seller within 5 days from the date of the inspection. Seller is not obligated to treat the Property if all the following apply {i) there is no visible live infestation, (ii) the Property has previously been treated. and (iii) Seiler transfers a current full treatment warranty to Buyer at closing. Otherwise, Seller will have 5 days from receipt of the inspectors report to have reported damage estimated by a licensed building or general contractor and corrective treatment estimated by a licensed pest control business. Seller will have treatments and repairs made by an FAR, Residential Sale and Purchase Contract, Rev. 10/98 ©1998 Florida Association of REALTORS® All Rights Reserved RealFAST® Forms, Completed by - Claudia Oliveira Heise, Owner/Broker, Tree Realty Suyers) 42 a Box 4700, Frisco, CO 30443, Version 6 05, SReaFa$Ty, 2001: Reg# PFLFAR229224 oa 9208/01 18:06:22 A ALM EUSTRATIVE COMSLA apLioonatey icees=. cerson at Se ar’s excense upto the Temm-s Repair Limit. if the ccsi to treat and repair the Srecerty exceecs the Termite Reoair mit. sither partly may aay the excess. railing which ether party may cancel this Contract. If Buyer faiis ‘o timely ¢eliver the inspectors written recort, Buyer accepts the Property “as is" with regard to wood-destroying organism infestation and damage, subject to the maintenance requirement. (c) Waik-through Inspection: Buyer may waik through the Property solely to verify that Seller has made repairs required by this Contract and has met the contractual Obligations. No other issues may be raised as a result of the walk-through inspection. If Buyer fails to conduct this inspection, Seller's repair and maintenance obligations will be deemed fulfilled. 9. RISK OF LOSS: If any portion of the Property is damaged by fire or other casualty before closing and can be restored within 45 days from the Closing Oate to substantially the same condition as it was on Effective Date, Seller will. at Seller's expense, restore the Property and the Closing Date will be extended accordingly. If the restoration cannot be completed in time. Buyer may accept the Property “as is" with Seller assigning the insurance proceeds for the Property to Buyer at closing, failing which either party may cancei this Contract. TITLE 10. TITLE: Seiler will convey marketable title 'o the Property by statutory warranty deed or trustee. personal representative or guardian deed as appropriate to Seller's status. (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance with current title standards adopted by the Florida Bar. subject only to the fallowing title exceptions, none of which prevent residential use of the Property: covenants, easements and restrictions of record, matters of plat; existing zoning and government regulations; oi, gas and mineral rights of record if there is no right of entry; current taxes: mortgages that Buyer will assume; and encumbrances that Seller will discharge at or before closing. Seller will, prior to closing, deliver to Buyer, Seller's choice of one of the following types of title evidence, which must be generally accepted in the county where the Property is located (specify in Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Dade County. (1) A title insurance commitment issued by a Florida-licensed title insurer in the amcunt of the purchase price and subject only to title exceptions set forth in this Contract. (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be certified as correct by an existing fim) purporting to be an accurate synopsis of the instruments affecting title to the Property recorded in the public records of the county where the Property is located and certified to Effective Date. However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the Proposed insurer as a base for reissuance of coverage. Seller will pay for copies of ail policy exceptions an update in a format acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer’s closing agent, together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to Seller then (1) above will be the title evidence. Title evidence will be delivered no tater than 10 days before Closing Date. (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller , within 5 days from receipt of title evidence but no Jater than closing, of any defects that make the title unmarketable, Seller will have 30 days from receipt of Buyer's notice of defects ("Curative Period") to cure the defects at Seller's expense. If Seller cures the defects within the Curative Period. Seller will deliver written notice to Buyer and the parties will close the transaction on Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed, {f Seller is unable to cure the defects within the Curative Period, Seiler will deliver written notice to Buyer and Buyer will, within 10 days from receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice to Seiler, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, encroachments by the Property's improvements on other lands or deed restriction or Zoning violations. Any such encroachment or violation will be teated in the same manner as a title defect and Buyer's and Seller's obligations will be determined in accordance with subparagraph (b) above. If any part of the Property lies seaward of the coastal construction control line, Selier will provide Buyer with an affidavit or sutvey as required by law delineating the line's location on the property, unless Buyer waives this requirement in writing. - MISCELLANEOUS 11, EFFECTIVE DATE; TIME: The “Effective Date” of this Contract is the date on which the last of the parties initials or signs the latest offer. Time is of the essence for all provisions of this Contract. Ail time periods will be computed in business days (a “business day" is every calendar day except Saturday. Sunday and national tegal holidays). If any deadline falls on a Saturday, Sunday or national legal holiday, performance will be due the next business day. All time periods will end at 5:00 p.m. local time (meaning in the county where the Property is located) FAR-5, Residential Sale and Purchase Contract, Rev. 10/98 1998 Florida Association of REALTORS® All Rights Reserved RealFAST® Forms, Box 4700, Frisco, CO 80443, Version 6 05, GReaiFAST®, 2001; Reg# PFLFAR229224 Completed by - Claudia Cliveira Heise, Cwner/Broker, Tree Reaity . auyets) ALY /- 1 OR PRR Ty FAR-S, Resid: ofthe aporcoriate day. 12. NOTICES: All nctices will be mace ‘o the parties and 8rcker by mail. personal delivery or electronic Media. Buyer's failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will render that contingency null and void and the Contract will be construed as if the contingency did not exist 13. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage agreements, no prior or Present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. Modifications of this Contract will not be binding unless in writing. signed and delivered by the party to be bound. Signatures. initials. documents referenced in this Contract, counterparts and wnitten modifications communicated electronically or on paper will be acceptable for all purposes, inclucing delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. if any provision of this Contract is or becomes invalid or unenforceable, ail remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 14. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms "Buyer," "Seller," and "Broker may be singular or plural. This Contract is binding on the heirs, administrators, executors, personal representatives and assigns (if permitted) of Buyer, Setler and Broker. DEFAULT AND DISPUTE RESOLUTION 15. DEFAULT: (a) Seller Default: If for any reason other than failure of Seiler to make Seller's title marketable after diligent effort, Seller fails. refuses or neglects to perform this Contract, Buyer may choose to receive a performance as per Paragraph 16: and Broker will, upon demand, receive 50% of all deposits paid and agreed to be paid (to be split equally among Cooperating brokers) up to the full amount of the brokerage fee. 16. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies. claims, and other matters in question arising out of or relating to this Contract or its breach will be settled as follows: (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent will submit the dispute, if so required by Florida jaw, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order, ESCROW AGENT AND BROKER 17, ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow and. subject to clearance. disburse them upon proper authorization and in accordance with the terms of this Contract. including disbursing brokerage fees. The Parties agree that Escrow Agent will not be liable ential Sale and Purchase Contract, Rev. 10/98 ©1998 Florida Association of REALTORS® All Rights Reserved RealFAST® Forms, Box 4700, Frisco, CO 80443, Version 6.05, OReaiFAST®, 2001; Reg# PFLFAR229224 Completed by Suyer(s) fz i) - A Oliveira Heise, Cwner/Broker, Tree Reality , ; Page 7 1 PHO8IO1 18:0622 sellers) OSD BP" DWN OAT YE Oo MPLAINT fcr “isCelvery of escrowed tems ‘0 Buyer cr Seiler | uniess the niscelivery is due ‘o Escrow ul ersaca of chis Contract or sross negligence. If Escrow Agent rierpleads :e Subject matter of ‘he escrow. Escrow Agent will pay the filing fees and costs ‘rom the deposit and will recover reasonable atiormeys' fees and costs to be paid from the escrowed funds of equivalent and charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated. so tong as Escrow Agent consents to arbitrate. 18. PROFESSIONAL ADVICE: 8ROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations that are important to them and to consult an appropriate professional! for legal advice (for example, interpreting contracts, determining the effect of laws on the Property and transaction. status of title, foreign investor reporting requirements, etc.) and for tax. property condition, environmental and other scecialized advice. Buyer ackncwledges that Broker does not reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records unless Brcker indicates personal verification of the recresentation. Buyer agrees to rely solely on Seller, professional inspectors and governmental agencies for verification of the Property condition, square footage and facts that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable attorneys’ fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's or Seller's misstatement or failure to Perform contractual obligations. Buyer and Seller hold harmless dnd release Broker and Broker's officers, directors, agents and employees from ail liability for !oss or damage based’on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; {2) Broker's performance, at Buyer's and/or Seller's request, of any task beyond the score of services regulated by Chapter 475, F.S.. as amended, including Broker's referral, recommendation or retention of any vendor: (3) products or services provided by any vendor; and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For Purposes of this paragraph, Broker will be treated as a party to this Contract. 19. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as “Broker.” Seller and Buyer acknowedge that the brokerage(s) named below are the Procuring cause of this transaction, Instruction to Closing Agent: Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in Separate brokerage agreements with the parties and cooperative agreements between the brokers. unless Broker has fetained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated below. cr r or Real Estate Licensee Real Estate Licensee TREE REALTY COLDWELL BANKER Broker / Brokerage Fee 3.0% Broker / Brokerage Fee 3.03 0 ADDENDA AND ADDITIONAL TERMS 20. ADDENDA: The following additional terms are included in addenda and incorporated into this Contract (check if applicable): RIA Condo. Assn OG. New Mort. Rates Om Housing Older Persons. (ls. Sale of Buyer's Property CJ 8. Homeowners’ Assn. Ow As Is w/Right to Inspect QO N. Unimproved/Ag. Prop Cr Rezoning C. Seller Financing Oi Seif-inspections - Co Interest-Bearing Account (] u Assignment CD. Mort Assumption (1 J. Insutation Disclosure Cip Back-up Contract. V. Prop. Disclosure Stmt. Ole FHA Financing Ox Pre-1978 Hausing Str (LBP) Oo Q. Broker- Pers. int. in Prop C1 other F. VA Financing OL Flood Insurance Recd Or Rentals 1 Other 21. ADDITIONAL TERMS: ASSIGNABLE TO LUIS PEREIRA This is intended to be a legally binding contract. If not fully understeod, seek the advice of an attorney Prior to signing. OFFER AND ACCEPTANCE (Check if applicable: T Buyer received a written real Property disclosure statement from Seller before making this Offer.)Buyer offers to Purchase the Property on the above terms and conditions. Unless this AR-S, Residential Sale and Purchase Contract, Rev, 10/98 11998 Florida Association of REALTORS® All Rights Reserved ‘ealFAST® Forms, Box 4700, Frisco, CO 80443, Version 6 05, ORealFAST® 200A {Rede PRLFAR229920 7c co ompleted by - Claudia Cliveira Heise, CvneriBroker, Tree Reaity uyer(sy £2 We VE RIOT 18:06 22 PAGE ly Contract is signed by Seiler and 4 cepy deiivered to Buyer no laterthan Wham. — p.m. cn —______. thi offer wil be revoked and Buyer's deposit refunced subject to clearance of funds. i DATE wot BUYER [orn foeses. C/O TREE REALTY, 2333 s. GOLDENROD RD, CRLANDO, FL 32822 Home #: 407-230-5525 Fax #: 407-737-7922 SELLER Gere Decrees GEORGE DEDoUSTS 285 SCOTTSDALE SQ, WINTER PARK, FL 32792-8004 DATE a 4-0} SELLER LYNN DEDOUSIS DATE “7 O Setter counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms C seller rejects and deliver a copy of the acceptance to Seller by 5:00 p.m. on ). Buyer's offer. Effective Date: (The date on which the last party signed or initialed acceptance of the final offer.) acsimile or computerized forms. "AR-S, Residential Sale and Purchase Contract, Rev. 10/98 91998 Florida Association of REALTORS® All Rights Reserved Property Taxes Due ? DOC Stamps on Note © Prorated Home Owners/Condo Fee First Mortgage (Payoff) 2 Recertification of Abstract/Title Update <4. Home Inspection =e Recording Satistaction of Martgage(s) ~. Flood Inspection Fee y “2 Recording of Deed _2) Flood insurance ZZ. Recording of Martgage -3_ Home Owners Insurance Policy 3S Repairs Required = Home Warranty S$ Second Mortgage (Payoff) a Intangible Tax on New Mortgage - Ss Seiler's Attorneys' Fees @ Loan Application Fee 8. Service Fee/Origination Fee on New Loan & Loan Discount Points 3 Survey Mortgage Insurance Premium _3 Termite Inspection, | Ad =< Mortgagee Title Insurance (inc. endorsements) aye AX Termite Repairs 22! —L Other inspections { TRETS (Tax Sernce Hee) ’ _L. Cther Transfer/Assumption Fee on Existing Mortgage !_. Other . i VA Funding Fee TT Other yer acknowledges that this addendum has been read and signed and is made an intricate part of the Contract for Sale and Purchase of the | estate. 2d this 2 day of _ feqg CHO) . er: Soom De howss Buyer: per, hag ar Lip kos Buyer: ory Broker: Svvee 3. CUILSHfOU Road Criando, 7L 32822 Phone: 407-830-5525, Fax: 407-737-7922 : Residential Sale and Purchase Contract: Comprehensive Addendum i FLORIDA ASSCCIATION OF REALTORS® The clauses below will be incorporated into the Contract between GEORGE DEDOUSIS LYNN DEDOUSIS ( Seller ) and ( Buyer ) concemiing the Progerty described as 285 SCOTTSDALE SQ, WINTER PARK, FL. 32792 only if initialed by all parties: an ‘ Ry) LS ASSOCIATION DISCLOSURES £ ( )- Ae ) =) A. Condominium Association: The Property is a condominium which is subject to the tules and regulations of a condominium association (“Association”). Seller's waranty under Paragraph 8 of the Contract extends only to the unit and not to any common elements or any other property. (1) Documents: Seller will, at Setier’s expense, deliver to Buyer the condominium documents referenced in subparagrafh (7) below no later than 3 days from Effective Date (Gf Buyer has already received the required documents, indicate receipt by initialing here ( ) (__)Date received $ ac from the deposit for the cost of the documents. Buyer will immediately return the documents to Seiler failing which Buyer authorizes Esc . If this Contract does not close, row Agent to reimburse Seller (2) Association Approval: if the condominium declaration or bylaws give the Association the right to approve Buyer as a purchaser, this Contract is contingent on such approval by the Association. Buyer will apply for approval within days from Effective Date and use diligent effort to obtain approval, including making personal appearances if required. Buyer and Seiler will sign and deliver any documents required by the Association to complete the transfer. If Buyer is not approved, this Contract will terminate and Setter will retum Buyer's deposit unless this Contract provides otherwise. (3) Right of First Refusal: If the Association has a right of first refusal to buy the Property, on the Association deciding not to exercise such fight. Seller will, within 3 days from receipt of give Buyer written notice of the decision. If the Association exercises its right of first refusal, t this Contract is contingem the Association's decision, his Contract will terminate, Buyer's deposit will be refunded unless this Contract provides otherwise and Seller will pay Broker's full commission at Closing in recognition that Broker procured the sale. (4) Application/Transfer Fees: Buyer will Pay any application and/or transfer fees charged by the Association. (5) Parking: Seller will assign to Buyer at closing parking space(s) (6) Assessments and Recreational Area Rent: Seiler will pay all maintenance and similar periodic fees and rents‘on any recreational areas curment as of Closing Date. if the Board of Administration imposes a special assessment for improvements, work or services that are substantially completed as of Effective Date, Seiler will pay the full assessment. Buyer will pay all other assessments. Seller represents that he/she is not aware of any pending assessment except as follows: Seller represents that he/she is not aware of pending or anticipated litigation except as follows: Seller ri CA that the current maintenance fee is: ; ; > a $ a per _. Lint, to Le anced 17 ay? $ per to per to $ and that there C1 is Tis not a Recreation or Land Lease with the Property. If there is a Recreation or land lease, the current payment is $ per month. (7) Buyer Acknowledgement / Seiler Disclosure: (Check whichever applies) THE BUYER HEREBY ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION, BYLAWS, RULES ARA-Sa, Residential Sale and Purchase Contract. Condominium Association, Rev. 6/98 11998 Florida Association of REALTORS® Alt Rights Reserved PO Box 725025 Orlando, Florida 32872-5025 ‘ealFAST® Forms, Box 4700, Frisco, CO 80443, Version 6.05, ORealFA$T®, 2001; Reg# PFLFAR229224 -ompleted ty - Claudia Oliveira Heise, Cwner/Broker, Tree Realty wets) Lay - 2 REALTOR® — Sprocven P; lof2 age Seller(s) G@sb LY (27 a SSS SS OF WTE ASSCCIATION, A COPY CF TEE MOST RECENT YEAR-END FINANCIAL INFORMATICN AND THE QLESTION AND ANSWER SK pees. PRIOR TO EXECUTION OF THIS CONTRACT, TH MCRE THAN 3 DAYS, Exc LUDING SATURDAYS, SUNDAYS AND LEGAL {S$ AGREEMENT 1S VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURREN™ COPY OF THE DECLARATION OF CONDOMINIUM. ARTICLES OF INCORPORATION, BYLAWS AND RULES C: THE ASSOCIATION, A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND QUESTION AND ANSWER SHEET IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS WILL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOO OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, BYLAWS, RULES AND QUESTION AND ANSWER SHEET IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT WILL TERMINATE AT CLOSING. Apna \RA-Ga, Residential Sate and Purchase Contract: Condominium Association, Rev. 6/98 1998 Florida Aasociation of REALTORS® Ail Rights Reserved PO Box 725025 Orlando, Florida 32872-5025 *alFAST® Forma, Box 4700, Frisco, CO 80443, Version 6.05, ORealFA$T®, 2001; Regt PFLFAR229224 mpleted by - nD Heise, Cwner/Broker, Tree Reaity 1 18:44: ryer(a) 02/08/01 18:14:19 P. Seller(s\(2 i ae Pye -- 7 “19 SOLEMILIA CANCEL . 405 VICTORY LN. “ee. OCOES, FL 34761 - ifort 247 bare o/pled oe 63-943/631 Pw TREE heal $509. °° Tete OnoER OF wt Lv 2 SOUTHTRUST BANK WINTER GAADEN, FORIDA /) y j’on - Escow. WOSILOSLION 4G Bank of America => rv a LU ALG. 4 Wletr Dours SS BANKERS DOZEN © Sa ie a45 958" O24? Customer . Receipt All tems are credited subject to verification, collection, and conditions of the Rules and Regulations of thts Bank aad as otherwise Provided ’ by law. Payments are accepted when credit is appli led to outstanding balances and not upon issuance of this receipt, Transactions received alter the Bunk’s posted cut-oif time or SayuefY. Sunday, and Bunk Holidays, are dated und considered received ne at the next business day, Please retain this recerpt unit you peceive your account statement, v oso op a yj py 95-14-2005 41999 Thank you for bunking with Bank of America. Tran 00043 9 02/12/2004 08:33 Entity NFL CC 3109020 Tir 00032 Account, 002831282841 R/T# 540590135 Deposit $500.00 AN. AY Ur DUDLYL ODA 2 ARUP Oost AL aU LAL ALN Jeb Bush, Governor eCELVE 266 (6 O$/7 "REQUEST FOR ESCROW DISBURSEMENT ORDER /VASOue x Kim Binkley-Sescr, Secretary a PI PLEASE TYPE OR PRINT CLEARLY) APR = % 2001 Eee hedou sis ecwe RECE i. PROFILS 4 Name of Requesting Srcker__ LAL A ;-REAL esate CHECK ONE OR BOTH _— on gscroM i Listing Office < Selling Office 2 ! =.) oe Name of Requesting 8rckerage_“ JE! Teleohone SOT > reo Soles : we 2 \ | ; : . Street patdress or Box No. = 3353 £2 | Email? Lee LE A Be Comf bof, Pan | 7 a a 1S 4, . wk, , City C/E 4 tae State Bh Tok A | Broker License No, Bk ~O37 280 2Y Name of Co-Broker (if any) TER N. Josephson HECK ONE 4 .. A Listing Cffice ’ Seiling Cffice Name of Brokerage CoQ WEL L BANKER teleghons C2 - SO _ Street Address or Box No. 10% 2© Ut K L JA Spe (NGS V5) i Email , SEO . | city CONG Croad state_ FC zinta 2 PFT | wccor ticense No. o f ; ] W/E Oo i saa Name of Purchaser/Lessee, KoO3A 4. 4s 9 VE = Teleohane: res 7! ~ % * -2y. 7 “e Street Address or Box No. [x PE C208 SY AL a Pr vy pai Jf. f City PKOMK State_ A, y’ zip JOY & / Name of Seller/Lessor (2 EX L LVDN / YE Deo Vs; S Telephone: aed Lect ot. city uy DEC state ~ C Zips DIRECTIONS TO BROKER E-mail: E-mait: aa 1. Complete this form fully by answering each question and attaching copies of all supporting documents and correspondence. - 2. Return the completed form to the Division of Real Estate, P.O. Box 1909, Orlando, Florida 32802. On all correspondence regarding this matter, include the number the department has assigned to this request, which appears on the cover letter. 3. This form requires the SIGNATURE OF THE REQUESTING BROKER AND THE DATE OF THE REQUEST. 4. Answer each question fully. The department will return incomplete or undocumented requests. 5. Attach copies of supporting documents verifying mortgage approval or disapproval. 6. if the parties elect to arbitrate, mediate or litigate this matter in court, or.if they resolve the matter, the requesting broker must immediately notify the department in writing. 7. Compliance with an order the commission issues pursuant to this request will relieve the requesting broker from an administrative complaint; however, it will net pravide cimrfunity from civil liability arising from this matter. 3 Le Devision oF REAL ESTATE Hurston North Tawer # 491) West Robinson Street, Suite N308 © OFTGRID. FT. 37302. 1900 (407) 245-9800 © TDD | (800) 955-8771 « FAX (407) 317 BAY www. MyFlorida.com 723) fe - 4, (Use Additional Sheets If Necessary) {. FUNDS AND FINANCING A. Amount Of Funds Held 3 ae ¥ Brecker § er 2) (‘Sates Deposit: Security Deposit Advance Rent 8. Total Purchase Price/Lease Price § 2 é C. Funds Are Held in: {circle one) Listing Office (s erg Office Office Trust Account Other (please explain in detail below) D. Have Purchaser/Lessee And Seller/Lessee = sy sxecuted A Sales Contract Or Other Agreement? Ces No Other (please explain in detail Delow) ff Yes, Attach A Complete, Lagible Copy Of Such Contract Or Agreement With Addenda/Riders. Oate Of Contract Or Agreement: Date(s) Depasit(s) Were Made: Scheduled Closing Date: 5, (ETL UN Tey G. If Mortgage Financing |s Involved, Did Purchaser Make Application For Financing? If Yes, Provide The Information Requested Below If No, Please Explain in Detail Below: Amount Applied For: Date Applied For: ‘ Type Of Financing: iewten aan PLOPC AL SSO AO A tad £ . - Applications Was: Approved i Oate: me tote OLY S Afyp ls cAriecs - / a — . ays we ed Mie PG OM CEMALY Feet 2 Reasons For Denial and Subsequent Financial History: FOR “ YiAdce Ke C1 PO SCS See od Aan fq fo ee? ? AL goo een CLEG — COC bee oe L SOs bio OLESRE NE AA ELEAR 7 yt Fy A! -— YTS PeIL Mey SFG ‘ eevee? Le fpr 9 ED or Nt, AREA OF Dispute A. Is Purchaser/Lessea Willing To Ciose Under The Terms of The ContracyLease? Yes Os Hf No, Please Explain tn Detail Below / ow IBS 7 Scvve ae Bobet SD ty pl ASF Z ~~ L. 2 & @ Le ~ ~¥ te 8. Date When Yay First Leamed That The Transaction Would Not Cloga: Please Expiain in Detail Below: As fe! es LAA py De oxnee 2 QNED Mee Deo ALae La nw ee Dy ge wer C. Has Purchaser/Lessee Requested (Of You Or OF Co-Broker) The Retum Of The Deposit? Cres No Lessee's Reason For Requesting Such Refund ice): If Yes, Please Give Date And Purchaser’s/ (Attach Copies Of Relevant Corresponden: Date: B/¢4y/ . eet Do ties TS de tte Reason: Je Did vie Perive Cow: Daf / PPCMS Lo PLUG ea Ly, D: - : : 1g ud, 4s oe al ire ar ee Cou Rie | Gove dete a 8) se a id a . - : “2 Lge ep ts ee JHC RES OT S984 SAS he~ aren Keres wet ENOL Yt TE ee bs Sais 0. Has Seller/Lessor Made Demand {Of You Or Of Co-Broker) Of Forfeiture Of The Deposit? Wes No If Yes, Please Give Date And Seller’s/Lessar's (Attach Copies Of Relevant Correspondence): Date: I/ 9D / Reason: . ; -. ete Mer ay Roumetage Sar Us ri fieare NO CANCE de Con, Deytes eu / (Use Additional Sheets If Necessary) E. In Your Opinion, What Is/Are The Reason (S) That The Transaction Has Not Closed? If The Transaction Failed To Close Because Of A Dispute As To The Price, Terms, Conditions, Or Contingencies Cf The Contract, Explain in Detail. fou CA Speez en TED Pa “ elie, wm ae ; eae eee Peer =~? DeveikiTE! (WE MENARD pe PIAS Be ek eA yrs Lor (TER Cpa 20 , _ Le , - Suns ¢ FLAS Pte JERS PATH F. Please List The Names, Addresses, And Telephone Numbers Of Anyone Who May Have Additional information Relative To This Matter. include Any Comments You Feel May Assist The Florida Real Estate Commission In The Determination Of This Mattar. 2 1 fay CL eyo ree se 8 6 aE CO 236 Fes? Ya Eri aaa . bers f-t2e ey ? 3 R26 NECA wT AVE yD Sone ALT, for1s? IV. CERTIFICATION ! Herscy Certify That The Forgoing And All Attachments Included Herein Are True And Correct. | Understand That My Reoresentations Have Been Made For The Express Purpose Of Securing An Escrow Disbursement Order From The Florida Real Estate Commission. | Furres Understand That Any False Statements Shait Sudiect t Me Ta The Provisions Cf Section 475.25 Of The Florida Statutes, And May Be P_n:shable Urder The Provisions Of Section 837.06 Of The Florida Statutes. i j if jeg Gn, . aeeae ANS Seow, SApbhure Of REquss TAY BroRO Ns PLAIN T 3224.0/ Date RES Eiyee , sagt APR 2 ae TA « “i o~ ae Oey, mE uvisiOn OF FEE ES ESCROW DISBURSEMENT REQUEST © MAY > b D QUESTIONNAIRE ‘tht S04 0, Me phar; Ve WES Please type or print legibly to ensure that your information wil! be considered. EDO Number: 26 o/g 4] Y/7 Sroker Name: Lf ou se YourName: lLywyror ¢ dea ye Peedous, > Address: : _ Lywk ZL Zip: 72725 Telephone: ( ) 4s) es Aly Daytime () 4e ~ WI -2E9IO Home WHEN DID YOU LEARN OR DECIDE THAT THE TRANSACTION WOULD NOT CLOSE? We learned the transaction would not close on March 6, 2000. The closing date was March 12, 2000. On March 7, 2000, we released the buyer(s) from the contract. WHY DID THE TRANSACTION NOT CLOSE? Buyers’ agent advised transaction would not close because mortgage company having WHY DO YOU BELIEVE THAT YOU ARE EN TITLED TO THE ESCROW FUNDS? ~~ Seller incurred expenses: $194.00 association fee, $25.00 copy of association docs (were never returned to me), $55.00 electric bill because buyer said thermostat needed replacing and left it set so it would run constantly, $60.00 to replace thermostat which was in working order to make buyer happy, $75.00 to reciean carpet because of traffic into the unit while listed for sale. Seller took unit off the market, jost sale on 2 backup contracts, and Opportunity to sell because told numerous potential buyers contract Pending with 2 back-up contracts. Seller went above and beyond in good faith to Satisty terms of contract and make Buyer happy. re aprenrertins thie, hobo PATE COE LINT a 03/39 OEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS DIVISION OF REAL ESTATE To expedite and complete the processing of the request for an escrow disbursement order, you should complete this checklist verifying that the following items are included. Ite Yes No A . 1. Documentation assigning your interest if ) (4 in the contract or agreement to another [ person or entity (if applicable) 2. Inspection reports ordered by the seller UL) () (A List: —_—o eee I 3. Copy of mortgage where contract provides for 4 fi ( ) ( f buyer to assume mortgage +. Application made by seller for zoning/rezoning () (4 (if applicable) ). Documentation from local governing body approving “ Va () (4 or denying the seller's application for zoning/ rezoning (if applicable) fete mm / Signature of Seller(s) he checklist above is not exhaustive. Therefore, you are reminded to include all relevant 9cumentation pertaining to the subject transaction: SATIS COMPLAINT Jeb Bush Govemor Kim BinklaySeyer Secretary Division of Real Estate 400 West Robinson Street Suite N308 Orlando, Florida 32801-1772 VOICE 407.245.0800 FAX 407.317.7245 EMAIL ORE@dbopr.state.fl.us INTERNET www. myftorida.cam STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION pm bow ‘ORL & June 12, 2001 ‘iy, 0 02 Miveg” a 4 72 Py a % Wy oF


Docket for Case No: 02-002111
Issue Date Proceedings
Aug. 23, 2002 Order Closing File issued. CASE CLOSED.
Aug. 22, 2002 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Aug. 16, 2002 Petitioner`s Motion to Dismiss Count (filed via facsimile).
Aug. 15, 2002 Petitioner`s Notice of Filing filed.
Jul. 16, 2002 Petitioner`s Notice of Filing Petitioner`s Second Interrogatories to Respondent (filed via facsimile).
Jul. 16, 2002 Petitioner`s Notice of Service of Petitioner`s First Request for Production to Respondent (filed via facsimile).
Jul. 03, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for August 23, 2002; 9:00 a.m.; Orlando, FL).
Jul. 02, 2002 Petitioner`s Motion for Continuace (filed via facsimile).
Jun. 28, 2002 Amended Notice of Video Teleconference issued. (hearing scheduled for July 11, 2002; 9:30 a.m.; Orlando and Tallahassee, FL, amended as to Location).
Jun. 12, 2002 Order issued. (petitioner`s motion to take deposition by telephone and motion to use deposition as evidence is granted)
Jun. 05, 2002 Notice of Hearing issued (hearing set for July 11, 2002; 9:30 a.m.; Orlando, FL).
May 29, 2002 Respondent Response to Initial Order (filed via facsimile).
May 28, 2002 Petitioner`s Motion to Take Deposition by Telephone and Motion to Use Deposition as Evidence at Formal Hearing (filed via facsimile).
May 28, 2002 Petitioner`s Response to Initial Order (filed via facsimile).
May 21, 2002 Initial Order issued.
May 20, 2002 Administrative Complaint filed.
May 20, 2002 Request for Hearing filed.
May 20, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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