STATE OF FLORIDA ' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO FLORIDA REAL ESTATE COMMISSION ‘oo FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, D? 7 7) / l, Petitioner, vs. FDBPR Case N° 200083965 200182258 LISA MORRIS AND CATHY LARKER, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Lisa Morris and Cathy Larker (“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 Lisa Morris is and was at all times material hereto a licensed Florida real estate broker, issued license number 0640552 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker-salesperson with Fairfield Communities, Inc.,5259 Coconut Creek Parkway, Margate, Florida 33063. FDBPR vs Lisa Morris FDBPR Case N° 200083965 Administrative Complaint 3. Respondent Cathy Larker is and was at all times material hereto a licensed Florida real estate broker, issued license number 0395278 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker at Emerald Shores Realty, Inc., 8182 Navarre Pkwy., Navarre, Florida 32560. 4. At all times material hereto, Cathy Larker (Respondent Larker) was and is a licensed real estate broker. 5. At all times material hereto, Lisa Morris (Respondent Morris) was and is a licensed real estate broker registered as a salesperson. 6. At all times material hereto, Respondent Larker was broker of record for Emerald Shores Realty (Emerald Shores). 7. On or about July 28, 2000, Respondent Morris mailed a letter to Malynda Miller (Seller), owner of a vacant lot commonly known as Lot 8 Block 193, Navarre, Florida (subject property). A copy of the letter is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 8. After receiving the letter, the Seller telephoned Respondent Morris and informed Respondent Morris that the Seller had already listed the subject property with Holley Properties until December 7, 2000. 9. On or about August 2, 2000, after Respondent Morris told the Seller two listings were allowed, the Seller also listed the subject property with Respondent Morris and Emerald Shores. A copy of the new listing agreement is attached hereto and incorporated herein as Administrative FDBPR vs Lisa Morris FDBPR Case N° 200083965 Administrative Complaint Complaint Exhibit 2. 10. On or about October 10, 2000, Respondent Morris faxed the Seller a copy of the listing agreement. 11. Respondent Morris did not tell the Seller that if the property sold while both agreements were effective, the Seller would have to pay both commissions. 12. After learning from the Holley Properties listing agent that she would have to pay two commissions, the Seller contacted Subject Morris and requested to be released from the listing agreement with Emerald Shores. A copy of the letter is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 13. Respondent Morris refused to release Seller from the listing agreement. 14. Respondent Morris was unable to provide Petitioner’s investigator with any proof that from August 2, 2000 to September 18, 2000, Respondent Morris made any attempt to list or advertise the subject property as required by the listing agreement. 15. During the investigation, Petitioner’s investigator requested copies of the listing agreement from Respondents venfying when the Seller was provided a copy of the listing agreement. 16. Respondent Morris provided two different versions of the signature page of the listing agreements. Copies of the signature pages are attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 17. During the investigation, Respondent Larker admitted to Petitioner’s investigator that FDBPR vs Lisa Morris FDBPR Case N° 200083965 Administrative Complaint due to illness of Respondent Larker’s husband, she has not been monitoring her sales agents. A copy of the letter is attached hereto and incorporated herein as Administrative Complaint Exhibit 5. COUNT I Based upon the foregoing, Respondent Lisa Morris is guilty of having failed to give the principal a legible, signed, true and correct copy of a listing agreement within 24 hours of obtaining the written listing agreement in violation of Section 475.25(1)(r), Florida Statutes. COUNT II Based upon the foregoing, Respondent Lisa Morris 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 I Based upon the foregoing, Respondent Lisa Morris is guilty of having operated as a broker while licensed as a salesperson in violation of Section 475.42(1)(b), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Cathy Larker is guilty of having failed to give the principal a legible, signed, true and correct copy of a listing agreement within 24 hours of obtaining the written listing agreement in violation of Section 475.25(1)(r), Florida Statutes. FDBPR vs Lisa Morris FDBPR Case N° 200083965 Administrative Complaint COUNT V Based upon the foregoing, Respondent Cathy Larker is guilty of 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 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 investi gative 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 FDBPR vs Lisa Morris FDBPR Case N° 200083965 Administrative Complaint 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 Administrative Code Rule 61J2-24.001. SIGNED this_!4 dayof___AsdU , 2001. Director, Division of Real Estate Deptrtment o! Ree ATTORNEY FOR PETITIONER Juana Watkins Florida Bar N° 0192112 Senior Attomney 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 FDBPR vs Lisa Morris FDBPR Case N° 200083965 Administrative Complaint PCP: TR/HF 11/01 NOTICE TO 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 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. INDEPENDENTLY OWNED ANC OPERATEb/y 28, 2000 “PO. 86x 5 8182 NAVARRE PARKW, NAVARRE, FLORIDA azsag OX 5520 (A ‘Y OFFICE: (850) 939.2874 FAX: (850) 99-2346 emerald@gnel.com Ema: Dear Friend We, at Emerald Shores Realty specialize in Properties in Holley by the Sea and Hidden Creek, We wanted to drop you a line to let you know that the ared Is experiencing renewed interest, growth and development. The reasons are many: The quality of life is unsurpassed due to the amenities offered by the Recreation Center and the large 1/2 acre tree Silled lots are in demand A Iso, new home butiders are interested in purchasing lots on which to build new homes, 1-888-200-8662 or by e-mail LkMorris @aol.com if I can assist you in Selling your Property. Listing commission rate is negotiable, Sincerely, ‘ in Ge Broker/Associate P.S. Ifyou are Paying taxes and association fees on a property that ‘you @ré not able to use or enjoy- "Don't Delay—Call Today” (We can put your hard earned money back in your pocket) ey , aa ADMINS PR COMPLAINT EXHIESS ene , PAGE ___ 7 —_ mo sex oy ves wees, wun 28-01 12 szAid; fage 2 Tee a ae Papeee 4 Exclusive Right of Sale Listing Agreement FLORIDA ASSOCIATION oF REALTORS® & This Exctusive Right of Sale Usti Agreement ("Agreement") s between . , ~ hillek AND MALIA LL. Mister AS wW (Seller) and been = Paid Sp 2e $s Thy ° a _. E. ses PUT . . -— (Broker*), 1. AUTHORITY TO SELL PROPERTY: Seller gives Broker the [XCLUSIVE RIGHT TO SELL the reat and personal property {collectively “Property") described below, at the price and terms described below, beginning the 7 A tf nga se . 2886, and terminating at 11:59 p.m. the __ ane day of hates b 2o0 f ate"). Upon full execution of a contract for sale and purchase of the Property, all rights and ‘Ctigations of this Agreement will automatically extend through the date ef the actual closing of the sales contract. Seller and Broker acknowledge sex, handicap, familial status. national origin or any other factor protected by federal, state or local law, Seller certifies and represents that he ‘she /M_ is legatty entitled to Convey the Property and all improvements, 2. DESCRIPTION OF PROPERTY: {a) Reat Property Street Address: ___ xX x w Mrnates a coe . Maverre FC Baseé¢ einen Legal Description. OS go TP pe Bteck 79% 5, m= = 2, She Sea. . we ee Adtachment tex Oe cest iD 0b) Personal Property, including appliances: MSE TL VR LF AR! . ; _ “See Attachment... (c) Occupancy: Property [7 is Sis hot currently occupied by a tenant. If occupied, the lease term expires | 3. PRICE AND TERMS: The roperty is offered for sale cn the allowing terms, or on other terms acceptable to Selier: {a) Price: LS. On FE . (b) Financing Terms: [Cash Bx Conventionat D VA 2) FHA WJ other . =} Seller Financing: Seller will hold a purchase money mortgage in the amount of $ A ZL A with the following terms: —J Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ . vesuees. PIUS Bn assumption fee of S$ . The mortgage is for a term of ——_______ years beginning in _____. at_an interest rate of. . % LI fixed [71 variable (describe) wpe ea be Loe Lender approval of assumption C is required “J is mot required ( unknown. Nolice to Seller: You may remain liable for an assumed mortgage lor a number of years after the Property is sold, Check with your lender to determine the extent of your liability. Seiter will ensure that all mortgage payments and Fequired escrow deposits are current at the time of clesing and will convey the escrow deposit to the buyer at Glos ing. (c) Seller Expenses: Seller will pay mortgage discount or other closing casts not to exceed price; and any other expenses Seller agrees to pay in connection with a transaction, 4. BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell tne Property until a sales comract is pending on the Property. Seller authorizes Broker to: {a) Advertise the Property as Broker deems advisable in Newspapers, publications, computer networks and other media; place appropriate transaction signs on the Property, including "For Sale” signs and “Sold” signs (once Seiler signs a sales contract); and use Seller's name in connection with Marketing or advertising the Property: (b) Obtain information relating to the present mortgage(s) on the Property. (c) Place the Property in a muttiple listing service (MLS) Seller authorizes Broker to report to the MLS / Association of Realtors® this listing Information and price, terms and financing information on any resulting sale. Seller authorizes Broker, the MLS and/or Aseociation of Realtors® to use, Ilcense or sell the active listing and sold data. (d) Provide abjective comparative market analysis informatlan to potential buyers: and (e)} (Check if applicable) oh @ 3 lock box system to show and access the Property. A lock box does not ensure the Property's € % of the purchase security; Setfer 5 advis Secure oF remove valuables. Setier agrees that the lock box Is for Seller's benefit and releases Broker, persons working through Broker and Broker's local Realtor Board / Association from ail liability and responsibility in connection with any loss that occurs. AU] Withhotd verbal offers. —! Withhoid all offers once Seller accepts a sales contraci for the Property. / Me (f) Act as a transaction broker, =RS-Ab Rev.i0S9 ©1998 Florida Association of REALTORSY Ail Rights Reserved Page 1 of 3 “hig form 2s licensed fer use with Foapyy—uslaytuor® Forms < fare By ISS MeAlliarer Publishing, Inc. BCO38e-1027 Misia oD DUVBL AIT hetp://nw4l.1 st-place,net/mvp/flyerok. chat HiE 17 ice! ee 07/28/2000 ert By: 5 339 2728; wun-28-01 11:34AM; “age 3/5 13 Lae 19 Page 2 of 2 5. SELLER OBLIGATIONS: In consideration of Broker's obligations, Selfer agrees to: (a} Copperate with Groker in carrying aut the purpase of this Agreement, including referring immediately to Broker all inquiries regarding the Property's transfer. whether by purchase or any other means of transfer. (0) Provide Broker with xeys [o the Property ard make the Property available for Broker to show during reasonable times. {c} Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) To indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including attorney’s fees. and from ilability to any person, that Broker incurs because of (1) Seller's negligence, representations, misreprasentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed mater{ai facts about the Property, cr (4) a court or arbitraticn decision that a broker who was not compensated in connection wih a transaction s entitled ta compensation from Broker. This clause will survive Broker’s perfarmance and the transfer of title. {e) To perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445). () Make all legalty required disclosures, including all facts that materiality affect the Property's value and are not readily ob- servable at known by the buyer. Seller represents there are no material facts (bullding code violalions. pending code citations, unobservable defects. etc.) cther than the following: ; LA Seller will immediately inform Broker of any material facts that arise after signing this Agreement. (g} Consult appropriate professionals for related legai, tax, properly condition, environmental, foreign reporting fequirements and other specialized advice. 6. COMPENSATION: Seller wil compensate Broker as specified below for procuring a buyer who is ready, willing and atte to purchase the Property or any interest In the Property on the terms of this Agreement of of any other lerms acceptable to Setler. Seller will pa fas follows (plus applicable sales tax): (a) .-...¢. 9. _... % of the total purchase price OR $ VA. . , fo later than the date of closing Specified i Sales contract. However, closing 's not 2 prerequisite for rs fee being aarned, (b)____ Cr %) Of the Consideration paid for an option, at the time an. eption is created. If the option is exercised. Seller will pay Broker the paragraph G(a) fee, less the amount Broker received under this subparagraph. (3) Mh / (S of %) of gross lease value as a leasing fee, on the date Seller enters into a lease or agreement to tease, whic! ris soonest. This fee is not due if the Property is or becomes the subject of a contract granting an exciuaive right to fease the Property. (d) Broker’s fee & due in the following circumstances: (1) if any interest In the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by Broker, Seller of any other person. (2}/f Seller refuses or faits to sign an offer at the price and terms stated in this Agr men defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract. (3) If, within Wie days after Termination Date ("Protection Period), Seller transfers or contracts 10 transfer the Property or any interest in the Property to any prospects with whom Setlar, Broker or any real estate {censee communicated regarding the Property prior to Termination Date. However, no fee will be due Broker if the Property is relisied after Termination Date and sold through another broker. ry, {e} Retained Deposiis: As consideration for Broker's senices, Broker is entitled to recewve __./ (FE % of all deposits that Setlec retains as liquidated damages for a buyer's default in a transaction, not to exceed the paragraph 6(a) fee. 7. COOPERATION WITH OTHER BROKERS: Broker's office policy is to cooperate with all other brokers except when not in Seller's best interest. and {o offer compensation to: Buyer's agents, who represent the interest of the buyer and not the interest of Saller in a transaction, even if compensated by Seller or Broker. 2 their rights te the undivided fayaity gf the licensee. Ths aspect of fimited representation allows a licensee to facilitate a reai tate transaction by assisting both the buyer and the seller, but a licensee wii nat work to represent ane Party fo the detriment the other party when acting 2s a transaction broker to bot parties, O8 014.00 te form is available for use by the entire real estate industry and Is net intended ta identify the user as 3 REALTOR. REALTOR i3 a registerag ctlve membership mark which muy be used Only by real estate licarcees wto are MEMbers of the National Association of REALTORS and wr cribe to its Coda of Ethies, The copyrignt taws of tna United States (17u.5, Code) forvia rhe UFAUTherized reproduction of blank forms by any t& Including facsimile or computerized forms, tb Rev. Joma © 1280 Florida Association of REAL ToRsa A Rights Reserved form is licensed for US@ with Forrresieto Farms Software by ISG McAllister Punlishing, inc 600-326-1027 EVE OO Tea NT ittp://nwl. | st-place.nevmnvp/flyetak:ctim Oy Kk. — 07/28/2000 PAGE OF Le Page Exhibit PVF 21 oj wer 2 c TL eee ee Page Jorg TRANSACTICN BRCKER NCTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE To SUYERS AND SELLERS THEIR ROLE AND DUTIES iN PROVICING A LIMITED FORM OF REPRESENTATION, AS a transaction broker. EVAL AL SEA CO - — and its asscciates, provides te you a iimited form of representation that includes the fetlawing duties: 3. Using skill, care, and Gtligence in the trans action: 4. Disclosing ail mown tacis that Matenaily affect the value of residential real bfoperty and are no readily observable to the buyer 3. Presenting ail offers ang counteroffers in a timaly manner, unless 3 party has previously directed the licensee otherwise in writing 8. Limited confidentiality, unless waived in writing by 2 Darty. Tris limited confidentiality will Prevent digclosure that the Seller wilt accept 3 once jess than the asking srlistad pries, that the buyer will pay a Pilce greater than me price SUDMiTed in a written sffar, of ihe motivation of any Darty for selling cr buying Property, that a seller or cuyer will agrae tc financing torms sther than those oifered, or 7. Any 3dditional duties that ara entered inte dy this ar by sesarate whiten agreement. Limited representation means that a buyer or selleris not responsible for the sets of the licensae. Additionaity, parties are giving up their nights tc the undivded loyalty of the ficenses. This aspest of limived repraséntaticn allows a licensee to facilitate a real estata Tarsaction by assisting both the buyer and the sailer. but a licensee will pet Wark to reprasent one party te the detriment of. the other arly when acting as a transacticn broker to beth parties. } \ CF+o2 “Of — - Cate Signature Signature U 3. CONDITIONAL TERMINATION: At Seller's request, Broker may agree lo conditionally terminate this Agreement. if Broker agrees te conditional termination, Seller must sign a withdrawat agreement, reimburse Broker for ail direct expenses incurred in Marketing the Property and pay a cancellation fee of 5 wa AMO AY Ets apolicable sales tax. Broker may void the conditional termination and Selter wilt pay the fee Stated in paragraph 8a) less the cancellation fee if Selter transfers or contracts to transfer the Property or any interest in the Property Guring the time periad from the date of conditional termination ble. Usting Associate , and Listing Broker ( )agree that dispaites not resolved by mediation will be setiled by neutral f he binding arbitration’ in the county in which the Property is located in accordance with the rules of the American Arbitration — Association or other arbitrator agreed upon by the parties, Each party to any arbitration or Itigation (including appeats and 14. MISCELLANEOUS: This Agreement 's binding on Groker’s and Seller's heirs, Personal representatives, administraters, Successors and assigns. Broker May assign this Agreement to another ‘isting office, Signatures, initials and modifications communicated by facsimile will be considered a5 originals. The term “buyer” as used in this Agreement includes uyers, tenants, exchangors, optionees and other categarles of potential of actual trpnsterees P LRA ba: . vr atl . a Date: OF €2 fo Setter Nr vi wi! Tax 10 No: ALS] 72. C257 Home Telephon, Su?) GY2- SH ‘ol Work Telephone: . aa Facsimile: . Address; #2... Box 23 | ORRBABEE pe Ok Mie 125 72 Us tax NOK NIA UAS 7, Daye Dates 7 Y OA~Ge . Seller:X!: AA { Home Telephone: Se .. Work Tetephone: . Facsimile: | ~ Address: a ee, — . oe Date: CO Pf et ee Authorized Listing Associate or Broker: rokerage Firm Name: ga Agee. Stecics Address: a PD we teee at tue € “ofy returned to Seller onthe day of he Floriaa Association of REALTORS® makes reorasentatian ag to the legat : aneaction. This standardized form Shautd Aol be Used In comalex for use membership mark lo subscribe ta its ode of Ethics Ne C3pyright (aws of the United States G7 Us, Code) forbid the Unauthorized *eproduetion of this term by any means including Jacsimita or MpUtArized forms, , {Sab Rev. (O59 £1989 Floriag Association of REALTOR@D All Rights Reserved Jor NG form is lcanserd for uma with Porrudatue” Zcrms Sorwam py isc McAllister Publishing, inc 300-336-1027 Page se http://nw4L. 1 st-place, netvmvp/tlyerok cfm 07/28/2000 EXHIBIT PAGE | an £6 C © te ¢ real . SP SPTKe Ww] the oY be fer ye WL DEW) arermecd a Copy On PeEnD LaTors 1On OWN Proprit, @ Nolly Mo Qh , hints Told apt have to pry a Lor, DA rend Cotate CoOMMiSSitrep: Ano Ke tl® mo IVI 24 hours In Suppose d Nave ACedy WL. ~ D bow cao <2 UNE from Udu lS Q Rettirn Sayed ww Wn Qoancelling Cue Gntraat. VoIDINg gue Cntrdict. MuUfax at (Ss 51%- WYT- 5376. Xt would \ihe tniS Leder WAKA Qhe, Nex+ Z bays . ther A MILLERS FUEL INC, . . MILLER il WOME HEATING FUEL P.O, Box 240 AuBabie Forks, NY 12912 From: Medunols, : @lapni one 518-047-5104 Pax 518-647-5378 To: Naren Miorre > Date: :o] u /oo ® Total Pages Including Cover: | Comments: Qs Oromissed (ped Casting right oF Sale vol Wolly Properties Cxp.patt Mee TH. Please YnJ my VbIDED Contract Pawar , lag Exhibit__“7___ Page 7 eS vun is Ol Usiada CAPLS Stapleten 850-S39-3346 p.s Tst Place TS P2002 Oly TRANSAS HON SROKE™ NOTICE FLORIDA L/QN ROQUIRES THAT REAL ESTATE LICE SEL: GPERATING AS TRANSACTION BROKERS DISCLOSE To SuveRSs ‘ SS THER #OLE AND DUTIES IN PROWIDING A LIMITEO Foamy OF REFROSENTATION. ACAD Sf la BIS LCA t an wt form of felon thet incleses the feltimng dutios: ily. . &. Using 1 yan pice ur the cian: : 4. Disclosing all known fects that materi ly affect the vatue of rasidential real propariy avic ure not reacily oservabte tu the buyer: 3. Presenting ull offere anc countevaffers in & Umely manner, unless Party as provienaly clracted the licens oe otherwing in writing: . Liteted canvicantianty, unless waives on wnfing by a party YhHis limited contides ality Will provent diseleasure tay the scller wrt Scctpt & aries loss than the Ng of istes pica, that the buyyr will pay a price greater than the pice subntited in a written offer, of the Motvation of any party In¢ 19 CH Duving praoerty, tha “for buyer wil! saree to finan: aterms other than these Ooffeed, ur of any other information requested dy a party to remain confi and 7. Any additional dutics that are entered inio by this or by separate written agreament . Limited reprosentation means that a buyer or seller is not responcidle for the acts of the licensee. Additionally, parties are giving up ther nights to she undivided loyalty of ine liteasee This atneci of mired Threseniation alluws a licensed to facibtate a real actate trausacton Sy assisting both the buyer ang tha seller, but a figanseoWil Work to represent one party to tho detrimeni of the other party when ccting as a transaction broker to bothparties, y+ Laie . . Lo - ( \ \ i AY | ae, it OF C2 20 ean LOVIN \ MA. KAW aL wets, =? a AAA Date Signature \ ; Signature ‘ 9. CONDITIONAL TERMINATION: At Settler's request, Broker may agree to conditionally terminale this Agreement. If Broker agrees to conditional termination, Seller must sigh a witharawal gree vent, reimburse Broker for ali direct expenses ingutred ity marketing the Property and pay a cancelation fec of $ ION & plus applicable saics tax. Broker May VoIG the conditional termination and Salter with pay the fee stated in paragraph 6(a) less the cancellation fee if Seiler transfers or contracis to transfer the Property or any interest in: the Properly during the timo period from the date of Conditional termination to Termination Date and Protection Period, if upplicadle. 10. DISPUTE RESOLUTION: This Agreement will be consirued under Florida faw. All controversies, claim and other matters in question beiween the parties arising out of or resating to this Agreement or the breach thercof will be settled by first aitempting n arises 3 acree Mediation under the rules of the American Mcdiation Association or othcr mediator agreed upon by the parties. If titig out of this Agrcement, the prevaiting party wil be entitled to recover reasonabia attorney's foes and costs, uniess the pa that disputes will be, Settiod by arbitration us follows: Arbitration: By initiating in the space provided, Saite 4h evtiel hd), Listing Associate £67749 and Listing Broke; (___.) agree the! disputes net resotves by meciation witi be settled by neutral ae binding arbitration” if the cuunty in which the Property is located in aecordance with the rules of the American Arbiiration peau Association of other arbitrator agreed upon by the partics. Each party to any arbitration or Htigation (inchicing appeals and interpleaidcrs) wit pay tts own fecs, costs and expenses, including atiornay's fees, and wil! cquatly split (he zrbitraiors' fees and adminisirative fecs of arvitration, 41, MISCELLANCOUS: This Agreement is binding on Broker's and Settes's heirs, persona! representatives, administrators, Successors and assigns. Broker may assign this Agrecinent to another listing office. Signatures, initials and modifications communicated by facsimilc will be considered as. originals, The term. "buycr" as used in this Agreement includes buyers, tenants, exchangors, optionees and other categories of potontial or ctual upfisterecs. NAN et 4 Hy Oe Date: _ OP-O2 TCO Setter: oN! q] f Tax ID No: ABU 77 O 2.5 7 flome Telephont: 3/2) Gy v- Stel Wark Telephone: - Facsimile: Address’ PO OK 23 ~~ f ALU ALE FCRES, MEY 12972 , ve : H Hoa A CT a4 p Date: AP od 00 sottor OMA cay Gea “V\A \ ( (a Tax 1D NoX, \ 1S ae ds IG J Home Teicphonc: See ae Work Telephone: Facsimile: Address: Foe ee . Cee . , ee Date: . 2) Paz te . Authorized Licting Acsociate or Broker yo ; .~ ye ve + 7 42) amen . Brokerage irm Naint: OTHE SHORES we ECRELT§ Lo Sehopvond, 50) G2q. ma ay Aiba 06 4 Ph A BBS. euurmrd lO Sear on tite vag . Ste Guy of Lith . Parcanal detves . Coat onet Salt bia nor | CEP wt Lit ¢ - (orn Tre Floricta nerfed of REALTORSG! makes no Fepcaseniation az to the vega CE or adeg racyol hE Oae of this form in arfAseninid Traniaction, ‘iho, A form should hut be used In complex tranwactions or withe teasive riders or adétions This torm is avaltatne for use be the entice and 1s not intended to ideniity the user asa REALTORG RCALTOR® ina registered collective membership merk omy by Testevtiove Heenca.s whe are momuers of (he NATIONAL ASSOCIATION GE Ry ALTUR (2 fe Very J its: to iti Addioss: wey Dd a ad fe Chey ¥ reall. OF S12 (2080 lawo of the United States (17 U.S. Code) forbid tho unauthorized reproduction of thd form by any ménns inchudin td forms faczimde or Rev. 100 Florida Association of REALTOR SM Alt Riahis Roserved Page Jot3 heensond for use vel Foaometatost UNS SORware DY ISS MeAiligtes Publishing, Inc 800.346.1027 ; ena IT hitp:-//awfl. Ist-pluce net/mvp/flyerok otin’ : 07/28/4000 ts . ve Pre t ue 2 a SSA #39 0 6e5; Jun-28-91 11 r3TAa: 73ge 6/6 we t: TRANSACTICN 8ROKER NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES op ERATING AS TRANSACTION BROKERS DISCLOSE To BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING 4 LIMITED FORM OF REPRESENTATION. As a transaction broker, GIRALE ALL) Sy = Meee i and its associates, Provides to you a limited form of representation that includes the following duties: 1. Dealing Acnestly and fairty 2. Accounting for ail funds: ” 3. Using skill, Cafe, and diligence in the transaction: 4. Disclosing ail known facts that materially affect the value 5. Presenting ail offers and counteraffers in a timety manner. of resicential real Property and are not readily obServabla to the buyer: erwise in writing: that the seller wilt will pay a price Greater than the pnce Submitted in a written offer, of eller cr buyer will agree tc financing terms other than those offered. or of any other infarmation requested by a Party to remain confi 7. Any additionai duties that are entered into by this or by s ‘ans that a buyer or Selleris not fesponsibie for the ac ts of the licensee Additionaity, Parties are Siving up their nghts to the Undivided loyalty of the ti esentation allows qa licensee to facilitate a reat estate . ork to represent one Party to the detriment of the other Party when acting as a transaction broker to both parties. ae { t agrees to conditiona} termination, Seiter must sign a withdrawal agr Marketing the Property and pay a Cancellation fee of $ aragraph 6(a) less the Cancellation fee if Seller transfers or Contracts to transfer the Property or any interest in the Property during the time Period from the date of conditional termination to Termination Date and Protection Period, if applicable, Association or other arbitrator agreed upon by the parties, Each party to any arbitration or litigation (including appeals and interpleaders) will Pay its own fees, costs and expenses, including attorney's fees, and will equally split the arbitrators' fees and administrative fees of arbitration, Date: OF ©2 £0 Seller; SY ; Tax ID No: K/L} ALG 255 . Yome Telephone: S/ ?) é 427: Sle / Work Telephone: on . Facsimile: ae Address: fe 518) 647 Bow 23 re ALeABee eX Sr 2942. late; FY o Q~@6. — Setter: Mat uy the by Tax IDNOK \ 1% faa £2940 . dé lome Telephone: sees Work Tetephone: . Facsimile: __ .. ddress: -_ ~ " te ote - ate: EF eteo Authorized Listing Associate or Brokar:, LF ‘okerage Firm Name: <7 LATED SHekes idress: RS aware kee kit cee “py returned to Seller on the sentation as to the tegai validity or adequacy ofa Nsaction. This standardized form should not be useq j i the entire reat estate industry and is not intended te id. who are members of the NAT} '@ of Ethics Sogyright laws of the United States O7 US Cade) forbid the Unauthor ize reproduction of tn iputerized forms, ath Rev. 1099 91999 Florida Association of REALTORS® All Rights Reserved P. F3 form is hcrased for une with wmUlatar” Forms Software dy Isc McAlister Publishing, Inc 800-336-4027 “se3e Ares. STE http-//nw4l. 'st-place. net/myp/fyérok ’ ; f 1 P. nye Ok. cfim 1. 97/28/2009 ae «gf . EMERALD SHORES REALTY, INC. O2 yy ne ee P O BOX 5520 a) p, NAVARRE, FL., 32566 4 (850) 939-2874 “is (850) 939-2346 (FAX) July 2, 2001 Mrs Diana L. Woods Investigator II Bureau of Enforcement Department of Business and Professional Regulation 7944 Front Beach Road Panama City Beach, FL., 32407 RE: DBPR Case E2001-82258 Dear Mrs Woods: I received your letter Saturday concerning the above case number. As I mentioned to you in our prior meeting, I was not aware there had been a complaint issued against one of our agents, Lisa Karen Morris, relating to a dual listing. Had I been made aware, I would have instructed Ms Morris to remove the listing from the Multiple Listing Service immediately and advise the other agent and client she had done so. I was also unaware the listing was not sent to the client within 24 hours. My other complaint refers to failure to control or manage the activities of another as required by Section 475.01. I am the broker of record and realize I should be monitoring the actions of the agents more closely. AU WHO TMA EYE Usnit rit EXHIBIT # PAGE .__. {__ OF a AS raye Se Exhibit__7 > _—. In the past six years, my husband and I have been through the three hurricanes with severe damage to our home. We had to relocate for nine months with Hurricanes Erin and Opal. In the summer and fall of 1996, my husband had a heart attack and was diagnosed with a benign brain tumor. He is also severely hearing impaired because of a genetic disorder and the brain tumor. He also has very limited eye sight due to one disorder and the other is unknown. He had full myectomy surgery for his eye condition “blepharospasm” three years ago. After that time, he has developed “spasmodic torticollis which have affected him greatly. I have spent the last five years taking him to medical facilities, such as Mayo Clinic in Jacksonville, Shands Hospital, USA in Mobile, and UAB in Birmingham, for his different disorders. My husband’s driving is limited to local driving. I drive him to Fort Walton, Pensacola and Milton for business, etc, and also any out of town driving. He can see at a distance but is very restricted in his ability to read beyond one paragraph. We are constantly searching information by joining all the associations and foundations which address his particular disorders as well as searching medical professionals through the Internet. My husband has had other illnesses since his other problems manifested themselves. This has taken so much of my time. I handle the bookkeeping for his development companies as well. I am now aware of my shortcomings and would like to see this matter remedied as soon as possible. Please advise what other information I need to provide to you. Sincerely, ADMINISTRATIVE COMPLAINT a. EXHIBIT, # 5 PAGE A__ OF _& Exhibit __ Page 7

Docket for Case No: 02-002716PL

Issue Date	Proceedings
Aug. 27, 2002	Order Closing File issued. CASE CLOSED.
Aug. 23, 2002	Joint Motion to Relinquish Jurisdiction (filed via facsimile).
Aug. 20, 2002	Motion to Continue and Re-Schedule Hearing (filed by Petitioner via facsimile).
Jul. 25, 2002	Notice of Hearing issued (hearing set for August 29, 2002; 10:30 a.m.; Milton, FL).
Jul. 16, 2002	Joint Response to Initial Order (filed via facsimile).
Jul. 09, 2002	Initial Order issued.
Jul. 08, 2002	Answer to Administrative Complaint filed.
Jul. 08, 2002	Election of Rights filed.
Jul. 08, 2002	Administrative Complaint filed.
Jul. 08, 2002	Agency referral filed.