STATE OF FLORIDA FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, 2 Z ) { 5 vi Petitioner, vs. FDBPR Case N° 200080556 DENNIS TRAGE, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Dennis Trage (“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 0575099 in accordance with Chapter 475 of the Florida Statutes, 3. The last license issued was as an active broker at 955 25" Street, Vero Beach, Florida 32960. FDBPR vs Dennis Trage FDBPR Case N° 200080556 Administrative Complaint 4. Atall times material hereto, Respondent was broker of record for Atlantic Auction and Realty. 5. On or about June 24, 1999, Respondent facilitated a contract for sale and purchase between Sovereign Bank (Sovereign) and Dennis Trage (Trage) for property commonly known as 1555 14" Avenue, Unit 206, Vero Beach, Florida. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. On or about June 24, 1999, Respondent facilitated a contract for sale and purchase between James Lewis (Lewis) and Trage for property commonly known as 1705 Highland Avenue, Vero Beach, Florida. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 7. On or about June 24, 1999, Respondent facilitated a contract for sale and purchase between James Lewis (Lewis) and Trage for property commonly known as 1695 Highland Avenue, Vero Beach, Florida. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 8. Pursuant to the contracts, Trage gave Respondent a deposit check for $1,475 on or about June 24, 1999 and a deposit check for $3,000 on or about June 27, 1999. Copies of the checks are attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 9. Respondent received deposit check #1725 for $3,000 but did not deposit the check into Indian River National Bank until July 13, 1999. FDBPR vs Dennis Trage FDBPR Case N® 200080556 Administrative Complaint 10. At the time that Respondent deposited both checks, the Indian River National Bank account had a negative balance. Copies of the bank statements are attached hereto and incorporated herein as Administrative Complaint Exhibit 5. 11. Respondent has never had an escrow account. COUNT I Based upon the foregoing, Respondent is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Rule 61J2-14.008(1)(c) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, 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. COUNT IV Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. FDBPR vs Dennis Trage FDBPR Case N° 200080556 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 permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes (1999) and Florida Administrative Code Rule 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 Section 455.227, Florida Statutes (1999) and Florida FDBPR vs Dennis Trage FDBPR Case N° 200080556 Administrative Complaint Administrative Code Rule 61J2-24.001. SIGNED this _©¢O day of teh , 2002. + ocriletig 1 ent of Business and ues'Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Juana Watkins Florida Bar N° 0192112 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 JW/k PCP: CV/JR 2/19/02 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes 5 FDBPR vs Dennis Trage FDBPR Case N° 200080556 Administrative Complaint 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 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.

Docket for Case No: 02-002715PL