C2OCT~7 p,, STATE OF FLORIDA Pit ls 99 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: | FLORIDA REAL ESTATE COMMISSION moo FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 200084808 200084880 COREY MARK SCLAR and RENTERS CONNECTION INC., T/A SCLAR REALTY, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Corey Mark Sclar and Renters Connection, Inc. (“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 Corey Mark Sclar is and was at all times material hereto a licensed Florida real estate broker, issued license number 3000986 in accordance with Chapter 475 of the Florida Statutes. FDBPR ys. Corey Mark Sclar FDBPR Case N° 200084088 Administrative Complaint & 200084880 3. The last license issued was as an active broker at Renters Connection, Inc., t/a Sclar Realty, 860 5" Street, Miami Beach, Florida 33139. 4. Respondent Renters Connection, Inc., t/a Sclar Realty, is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1007762 in accordance with Chapter 475 of the Florida Statutes. The !ast license issued was at the address of 860 5" Street, Miami Beach, Florida 33139. 5. On or about September 27, 2000, acting on behalf of Richard Aguilar (Landlord), Respondents facilitated a Residential Lease for Unit in Condominium or Cooperative (Lease) between Landlord and Yair Ben Lulu (Tenant) for rental of property commonly known as 833 West Avenue, #202, Miami Beach, Florida 33139. A copy of the lease is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. Pursuant to the Lease, on or about September 26, 2000, Tenant paid Respondents a $50.00 application fee and a $250.00 pet fee totaling $300.00. A copy of the check is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 7. Respondent admits that he was to retain the application fee and forward the pet fee to Landlord. 8. Landlord demanded delivery of the pet fee, but Respondents failed to forward the funds to Landlord until on or about February 15, 2001, approximately five months later. A copy of the check is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. FDBPR vs. Corey Mark Sclar FDBPR Case N° 200084088 Administrative Complaint & 200084880 9. On or about December 13, 2000, the Florida Real Estate Commission (FREC) issued a final order adopting a stipulation wherein Respondent Sclar admitted being guilty of a failure to immediately deposit trust funds in violation of Rule 61J2-14.010, Florida Administrative Code, and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. A copy of the final order is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. COUNT I Based upon the foregoing, Respondent Corey Mark Sclar is guilty of culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT II Based upon the foregoing, Respondent Corey Mark Sclar is guilty of failing to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. | COUNT II Based upon the foregoing, Respondent Corey Mark Sclar is guilty of having been found guilty for a second time of any misconduct that warrants his suspension or has been found guilty of a course of conduct or practices which shows that he is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors, or those with whom he may sustain a confidential relation, may not safely be entrusted to him in violation of Section 475.25(1)(0), Florida Statutes. FDBPR ys. Corey Mark Sclar FDBPR Case N° 200084088 Administrative Complaint & 200084880 COUNT IV Based upon the foregoing, Respondent Renters Connection, Inc., is guilty of culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT V Based upon the foregoing, Respondent Renters Connection, Inc., is guilty of failing to account or deliver funds in violation of Section 475.25(1)(d)1, 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 investigative costs; issuance of a reprimand, coe 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 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), FDBPR vs. Corey Mark Sclar FDBPR Case N° 200084088 Administrative Complaint & 200084880 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 and Florida Administrative Code Rule 61J2-24.001. SIGNED this lo day of ___( d SY C a j - Department of Business and Professional Regulation By: Daye me nt te PEL E D Director, Division of Real Estate oF Di 'Ofes Vision f Resi nal Regus, ATTORNEY FOR PETITIONER State “ Stacy N. Robinson Pierce b6 ee Florida Bar N° 0182796. - soe 0 2— ° Senior Attorney Department of Business and aed 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 FDBPR ys. Corey Mark Sclar FDBPR Case N° 200084088 Administrative Complaint & 200084880 SRP/j PCP: MP/LJ 7/02 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. RESIDENTIAL LEASE FOR’ edIT IN CONDOMINIUM OR COOPERA WE F ORICA ASSOCIATION OF REALTORS® (For A Term Not To Exceed One Year) tNot To Be Used Far Cammercial. Agricuitura:, or Other Fesidential Srosery) Co WARNING. IT 1S VERY IMPORTANT TO READ ALL OF THE LEASE CAREFULLY. THE LEASE IMPOSES IMPORTANT LEGAL” ™ OBLIGATIONS AN ASTERISK (-} OR A BLANK SPACE ) INDICATES A PRCVISION WHERE A CHOICE OR A DECISION MUST BE MADE BY THE PARTIES NO CHANGES OR ADDITIONS TO THIS FORM MAY BS MACE UNLESS A LAWYER 1S CONSULTED 1. TERM ANO PARTIES, This 's a lease ("the Lease”) for a paried of a montrs ‘the "Lease ~erm’), beginning Sept 27, 200! nursen ang ending Sent 24, 2001 -~——___ . between . UV maatn, doy year | [nate st nase et he pnp] ang __ Yair Sentulu .. (in the Lease, the awner, whether one of more, of Tramaes aT GeNGE ACH) 19 arom tre ore the proverty is callad “Landlord “ All persons to whom the procerty is feasad are called "Tenart “} taxed] i, PROPERTY RENTED. Lanaiord leases to Tenant unitra 722 in the building acatad at Si} West Ave : [rest adcrese] known ag a Fonda dye itame cf condominium development, oavy Trweuds) togetnerwith the following furniture and applances_Unfurnished _ we . a Ie ste fverutura ars acchances trcnewiite cane] (nna Lease ine ape sa50d, a: Asharine eomises nite ar seacsarcas it any {! COMMON AREAS Landlord grants to Tenant permission to use, alang with others. the cammon ares of the building and the deveropment of wich the Premises are 2 part. Ay wd + ae @@Gn on {A "Rental Installment Period,” IV RENT PAYMENTS AND CHARGES. Tenant shail pay rent tor se Promises in instalimerts of $. tha 2 _ .. day of gach _ lune) — “* Umants week) as used in the Lease, 6hail ba a month if rentis paid monthly, and a week if rent+s pad weekly } Tenant shail pay with each rent pay- ment al! taxes imposed an the ront by taxing authorities The amount of taxes payadie cn the beginning date of the Lease is 5 SSSSeee eee for ene), Installment The amount of each instaiment of rent plus taxes ("the Lease Payment"), ag of the date the Lease begins, iss S20W) 0 Landicrd will notify Tenant if he amount ef the tax changes Tenant shail pay the rent and all other charges required to be paid under the Lease by cash, v: check, of maney order Landlard may apcoint an agent to collect the Lease Payment and to pertorm Landtera’s obligadons. Landlord / Tenant (strrke one) shall pay the common aa maintenance fees atrioutable tc the Premises during the Laase Term » Such fees aro SAB aB sons ase wnae arter ( @) and ara payatie at the following address a ones Failure by Tenant to pay any such fees Tat are Tanant’s obligations shail be a defautt in payment of rent . a The Leasa Payments must be paid in advance /in arrears (strike one} beginning Septennber 27th 2600 V. DEPOSITS, AOVANCE RENT, ANO LATE CHARGES, in additan to the Lease Payments described above, Tenant shall pay the following: (check only thasg gems that apply) . . X a security deposit of 5 4 ny {9 be paid upon signing the Lease . &) aovance rantin ne amount of § treo for the Rental installment Penods of_Fitst/ hast an to be paic upon signing the Leage, SS a Det dopesit in ne amount of $250 a0 ‘cS alate charge in the amount of $- _, days after the date itis due 5d (KX abadcheckfee in tne amount of $US (mat to axcaed $20 00, or 5% of the Lease Payment, wnichevar is greater) if Tenant makes any Lease Payment with a bad check If Tenant rakes any Lease Payment with a bad cneck, Landlord can require lenant te pay alt fuure Lease Payments in cash or by money orcer. to be paid upon signing the Lease 5 for each Lease Payment mace more than > _ _ number of SECURITY DEPOSITS AND ADVANCE RENT If Tenant has paid 4 security cepasit of acvance ranttne following arov:sions apply A Landlord shall hold the money in a separate interest-bearing or noninterest-cearing account in a Florida banking ingbtution for the benefit of Tenant. it Landiord deposits the money in an interest-bearing account, Landierd must cay Tenant internst of at least 75% of the annuauzed average interest paid by the bank or 5% par year simple interact, whichever Lanclord chooses, Landlord Cannot mix such money with any otner funds of Landiord of pteage, martgage, of make any ather use of such money until the monay 16 actualy die to Landlord or B Landiord must post a surety band in the manner allowed by law If Landlord posts the bond, Landlard shail pay Tenant 5% interest Ont year vi At the end of the Lease, Landicrd will pay Tanant, or cradt against rent, the intarest due to Tenant, No interest will be due Tenant if Tenant wrongfully terminates tne Lease before the end of the Lease Term if Landiard rants Sve or mora dwailing units, then within 3C days of Tenants oayment of ne acvance rent ar any Security deposit, Landlcrd must natty Tanantin writing of the manner in which ardiord 1s olding such mong, tne interest rate, if any, that Tenant will facewe, and wren such payment will de made NOTICES. —-- Is Lanstera’s Agent All notices to Landiord and Trecvat v ail Lease Jaymants must be sent te Landlord's Agent ae_ - stares unless wandlorg gives Tenant written notice of acnange Lanaterd's Agen! may partor™ inspechons on dehall of Landierd Al Raticas co Landlord snail be given by cortified mail, retur:, -ecept requested, or by hand de: very to Landlord or Landiora’s Agent. Any natice tc ~enant snail be given by certified mad, return receipt raquasted. ar delivered ta Tenant at the Premises. If Tenantis absent from the Premises, a natica to Tenant may be given by leaving a copy sf the nonce at the Sremses Appiaved for use uncer rule 110-1 11¢b) of The Rules Regulating The Flonda Gar RUCC-1 GCopyright 1994. Flonda Associaton of REALTORS® PG Gor 72502% Orlando, Florida 12877 9975 All Rights Reserved Pagatcld ‘This farm Is Icensad for swe with Farmulstor® Forms Sonware by 1S McAllister Puciisning, Inc 300-336-1027 PAGE ser oe BAG, PALS dis 32) 8658; YIN, USE OF PREMISES “2nert srai use tre Bren fasicedial pupcses Torast a Premises te avey, ail aws aed any ies treat apely to the Pramiseas ‘anciord « apply te the Premises -_ rae ses hy 4 The Oremises are iccated in a condeminium or caopsratve deveispment The Lease anu “enant's rights under the lease, shall be Subject ta a:l tarms, cendrtions, provisions, and restrictions set out in the Declaration of Concammuum, the plat, and resinctions, rules, and regulations as now exist ar may be adopted, modified amended, of repeated by the governing association ducing the Lease Term Tanant acknowledges that the governing association may adopt, modify, amend, or repeai rules and regulations for the use af the common areas and the Fremisgegunng tne Leace Term Occasional avernight quasi (arg) ‘are cat (strike one) permitted An occaggnal Overnight guest is one who dags not stay more than A. nights in any calendar month. Landlord's written approvaistignot (strike one} required to allow anyone else to . 9ceup) remises Tena may} may not (strike one} keeo or allow pets or animals on the Pramises without Landlord's approvel of the pet or animal in wating Tenant shail not keep any dangerous or fammatie items tat mignt increase she danger of fire or damage on the Pramiges without Landlord's consent, Tenant shall not create any environmental hazards on or about the Premises, Tenant snali not destray, deface, damage, impair, or rameva any gart af the >: to do so Tenant may / fay Bop strike one) make any alterations of improvements to tha Pramiges without first obtaining Landlera's written consent to the Shon of improvement Tenant must act, and require all otmer persons cn the Premises to act, in a manner that coes not unreasonably disturh any neighbors of cansttuce a Dreacn of ne peace mises belonging to Landlord, nor permut any person IX. MAINTENANCE. Lanclord and Tenant agree that the maintenance of the Premises must be performed by the person indicated below: A. Structural and Building Codes Candiord and Tenant acknowledge that tha maintenance of the structural elemerits and common araas 1s performed by the condominium association ag part of the cammon area maintenance. Landlord shall assure that the association campties with applicable building, housing, and health codes relating tc the Premises. If there are no applicable building, housing, of health codas, Landiord shall assure that the associazcn maintains and repairs the roots, porches, windows, oxtenar walls, screens, foundations, floars, structural components, ang steps, and kaaps the plumbing in reasonabie working order, Landlard wilt 50 responsibie for the maintenance of any items listed above far which the association is rot resoansible B Elective Maintenance. Fill in each blank space in this section with Lanalord or Tenant to shaw wna will take care of the itam noted, If a scace is left blank, Landlord will ¥e required to aie care of that itam a —_— Smake detectors ween Running water Apphancas (LL Exterminason of rats, mice, roaches, ____ Hot water _ Fintures, ants, wood-destreying organisms, |. Poo! (including filters, L and bedbugs a be bawn machinery, and equipment) Locks and keys aon Heat __T. Heating ana ar _ L Clean and safa conditon of Air canaitianing conditioning filters autside areas _ Fumiture Other _ L Garbage removal and out» Sic garbage racantacies Tanant’s responsibilty, if any, indicated above shaiiGRat no) strke One) include major maintenance or major reo!acement of equipmant Landlord shall be responsible far mayar WNance o” major feplacement af equipment, except for equipment far which Tenant has accepted respansibility for major maintenance or major replacement in the previous paragraph Major maintenanca cr major raplacamant means a repair of replacement that costs more than $ ye Tenant shall be required ta vacate tne Premises an 7 days wrillen notice, if necessary, far extermination pursuant to ms subpara- graph When vacation of the Premises :s required for extermination, Landlord shail not be liable for damages but shall abate the rent Nothing Ia this section makes Lanalard regponsible for any condition created of caused by the nagiigent or wrangful act or omission of Tenant, any member of Tenant's family, or any other parson on the Premises with [ anant’s consent, C Tonant's Required Maintenance At all tres during the Lease Term, Tenant shail 1. camply mith all obligations impcsed upon tenants by applicable pravisrona of building, housing, and health cades, 2. keep the Premives clean and sanitary: J, remove all garbage from the dwelling unit in a claan and sanitary manner; 4, keep all plumbing fixtures in the dwelling unit clean, sanitary, and in repair, and , 5. use and operate in a reascnagie manner ail electrical, plumoing, sanitary, heating, ventilating, air canditioning, and other facilities and apphances, inclucing elevators X. UTILITIES, Tenant snait pay alt charges tor nook-up zonneation, and desosifar proyiding all utilities and utihty services te the Premises during this lease axcaot Wie Sa, “s which Landlord agrees to provide at Landlora’s expense (Specity any utilities to ba provided and paid for by Landlord such as water, sewer, oil, 8S, electncity, telephone, garbage removal. etc } X%1 LANDLORD'S ACCESS TO PREMISES, Landlord or Landiord’s Agent may enter the Premises in the follawing circumstances, A At any time for the protection ar presarvaton of the Premises 8 Aner reascnable notice to Tenant at reasonatie times for the purpose of repairing the Premises C. To inspect the Premises; make necessary or agreed-upon repairs, decoraticns, aitarations, or improvements, supply agreed services; of exhibit the Premises to prospective or actual purchasers, mortgageas, tanants, workers, or contractors under any of the following circumstances: 1 with Tenant's consent; 2 in case of emergency, 3. when Tenant unreasonably withholds consent, cr 4 if Tenant ia absent from the Pramigas for a period of at east one-half a Rental installment Period (If the rent is current and Tenant notities Landioed of an ntended absence, then Landiord may anter only with Tenant's consent or for the pratection or areservation of the Premises } Xi PROHIBITED ACTS BY LANDLORO. A Lanatord cannot cause, diractly or indirectly, the termination of unreasonable interruption of any utility serv: furnished to Tenant, including, but not limited to, water, heat, light, electricity, gas elevator, garbage callecten, or refngaraton {wether or nat the ublity servica '$ under tne centcl of, or paymants made dy, Landiard) B Landlord cannot prevent Tenant's access tc the Premises by any means, including, but not limited to, changing the tacks or W6INg any booticck or similar device Langtord cannot remove the outside coors, locks, roof, walls, or windows of the Premises axcept for purposes of maintenance repal, of replacement. Landiora cannot remave Tanant'’s personal propery from the Premises uniess the acuon is taken after surrender, abandonment, of alawtul eviction If provided in @ written agreemant separate from the Leuse. ugon surrender or apandonment by Tenant, Landlord anali nat De hable of respansible for storage or disposition of Tenant's personal property. (For the purpases of this section, abandcnment means Tenant is absent fram the Premisas for at laast ona-half a Rental installmant Pariod without saying rent or giving Landlord reasonable notice of Tenants absence.) RLCC-1 SConyright 1994, Tiorida Axsociation of REALTORS® PO. Box 725025 Orlando, Fiorida 32872-5025 All Rights Reserved Page lots This farm is licansed tor use wih Formulator® Forms Software by (SG McAllister Publaning. Inc 300-326-1927 ° eee cate wa je 38 wo LS 8 Ad lent, FAL; CASUALTY DAMAGE, ‘he Prem sas are damaged ar destreyes samer than oy wrtagha. + Pegigent acts uf Tenast G. 37 sons or, the Pre~ ses with Terants consent, hat the use of tne Premises ig Susan's YN ed Tecant ey tarmag: 9 Laaee within 3 gays a”er the damage 2° d@r-ucton ana Tenas! wil immediately vaca‘s the n_~mises If Tenant vacates, Tenant is not "acie fe" rent that would nave been cue after the date of termination Tenan: May vacate the part of the Premises rendered un- usable by ine damage or destruction. in whicn case Tenants liability for rent spall 26 reduced cy the fair rental value af the part of the Precvses that was damaged of destroyed . Sat 373s Feo XIV Q€FauLr. A Lancicrd’s Oefault Except as roted below, Landlord wil be in default if Lanalord fails to camply with Landiard's raquired main tenance obligations under Secticn IX‘A) ar fails to comply with other material previsiong of the Lease and such failure candnues ‘ur more than 7 days after Tenant deters a written natice ta Lanclord that ‘ells Landtord how Landtord has violated tha Lease. It Landlord's faifure to camply is dus tc causes beyond the Landiord’s cantrai and if Landierd has made, and contnues to make, avery reasonable effort to correct the prablem, the Lease may be altered Dy the parties, as follows. 1. If Landlard's failure to comply maxes the Premises uninhabitable anc Tenant vacates, Tanant shail not be liable for rent dunng the period the Pretnees remains uninnabitable 2. If Landlord's failure to comply doas not make the Premises uninhabitable and Tenant continues to occupy the Premises, the rent for the pertod af nancampiiance will be reduced by an amount in Prapartion tc the loss of rental value caused by the noncompliance 8 Tenants Default Tenant will be in default if any of the following ccour: 1. Tenant ‘ails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and lagal Mclidays, after Galivery of written demand by Landlord fer payment of the rant or bess aSsion cf the =:emisas 2, Tenant fails to perform its oblgatians under the Lease, and the failure is such that Tenant should not de given an oppartunity to correct it or the fadlure occurs within 12 months of a written warning by Landtorg of a similar failure Example of such failures which do not require an opnartunity to correct include, but are not himited to, destruction, damage, of misuse af Landlord's or other | enant’s property oy an intentional act or a subsequent of cantinued unreasonable disturbance 3. Except as provided above, Tenant fails to parform any other odiigahon under the Lease and the default continuas for more than 7 days after delivery of written nance ta Tenant fram Landlord specifying the default © Warver of Oefault. # Landlord accepts rant knowing of Tenant's default or accepts perfermance by Tenant af any provision of the Lease different fram the performance required by the Lease, orit Tenant pays rent knowing of Landlord's default ar accepts performance by Landtord of any provision of the Lease different tram the performance rsquired py the Lease, the Party acceoting the rent or perfarmance or making the payment snall not have the TigNt to terminate the Lease or to bring a lawsun for that default, but may enfarce any later cefauit XV REMEDIES AND OEFENSES A Tenant's Remedies. 1 If Landlord has defaulted under the Lease and if Tenant has given Landlord a written notice describing the default and Tenant's intenton to withhald rent ifthe default is not correctad within 7 days, Tenant may withnold an amount of rant equat to the loss in rental value caused by the default, If Tenants notice advises Lanclard nat Tenant intends to terminate the lease if the default is mot cured within 7 days and the detauit is not cured within the 7 days, Tenant may terminate the Lease \f Tenant has given the natice referred to in subparagraph (1) above, and f Landlord has Not corrected the default within 7 days Tenant may, in additon to withholding the applicable amount of rent, fite a tawsuit in county court to require Landlord tO correct the default and for damages. If Landlord's default makes the Premises uninhabitable, and if Tenant nas given Landlord a notice describing the default and infarming Landiord that Tanant intends to terminate the Lease, then ¢ Landiard does not cure the default within the 7-day pariad, Tanant may terminate the Lease at the end of tha 7 days 4 It Landlord violates the provisions of section XII, Landford shail be liable to Tenant far actual and consequential damagas ar 3 months’ rent, whichever is greater, for each viclaton Landlord's Remedies {1 If Tenant remains an the Premises after expitation or termination of the Lease without Landlord's permission, Landlord may recover possession of the Promises in the manner prowded for ay law, Landiard alsa may recover doubla fant for the period during wnicn Tenant refuses to vacate the Premises (f Tenant defaults under the Lease by failing to pay rent, as sat forth in section XIV(BV(1), Landlord may terminate Tenant's nghts under the Leasa and Tanant shall vacate the Premises immadiately if Tenant defaults under the Leas for any other teasan, a3 set forth in sections XIV, 8)(2) of (2) above, Langiord may terminate Tenants ngnts under ttre Lease and Tenant shail vacate the Premises within 7 days af delivery of the notice of termination. If Tenant fails to cura a default within the time specified in the notice to Tenant, Landiard May recover passessicn of the Premises as provided by law . Langiord shall not recover possession of the Premisas excapt 1 @. iN a lawsuit for possesston-, © when Tenant has surrendered pcssession of the Premises to Landtord, or ¢ when Tenant has abandoned the Premises Absent actual knowledge of abandonment, the Premises shall te considered abandoned if Tonant is absent from them for at least one-natf a Rental Installment Period, the rent ig not current and Tanant has net notified Lanclord, in wntng, of an intended absence if Tenant has defaulted under the Lease and Landlord has optained a writ of possession, if Tenant has surrandered pos- Session of the Premises to Landiord, of if Tenant nas abandoned the Premises, Landlord may a Weat te Lease as terminated. retake possession for Landiard’s own account, ang any further liability of Tenant will be ended, 'D. retake possession of the Premises for Tanant's account. Tenant will remain jrabie for the difference between rent agreed . t@ be paid under the Lease and rent Landiord 13 able to recover in good farth from anew tenant, or ¢, do nothing, and Tenant will be liable for the rent as it comes dug. © If Landlord retakes possession of the Premises for Tenant's account, Landiord must make a good farth effort to re-lease the Piomises Any rent received by Landlord as a result of the new tease shall be deducted from the rent due from Tenant. For purposes of this sectton, “goad faith” in trying ta co-lease the Premises means that Landiord shail use et least the same sttorts to re-lease the Premises as were used In the initial rental or at least the same efforts as Landlord Uses in attempting to lease other similar property It does mat require Landlord to give a creference in jeasing the Premises over gather vacant properties that Landlord awns or has the responsibility to rent Other Remedies Each party also may nave other remedies avaiable at aw or in equity Defenses. In a lawsuit by Landiord for possession of the Premises based MpON AOApayment of rent or in atawsuit by Landtord seaWng to cbtan unoad rent Tenant may assert aa 4 defense L andiord's failure ta serform required maintenance, as set forth im Sectinn tX(A) atave Lanaiord’s failure to provide elective maintenance, as set forth in Section IX(B) above, shall nat be a defense to any iawsuit dy Landlord for pessassion of the Premises unless otherwise provided by the Lease or applicable law Tanart may also raise any other defense, wnether legal or equitable, that Tanant May have, including the defense or retaliatory conauct, Payment of Rent to Court In any lawsuit by Landlord tor passession of the Pramises, if Tenant raises any defense other than payment. Tanant must pay into the registry cf the court the past due rent set fortn in Landlord's complaint, ar @n amount determinad by the Court, and the rant which comes due during tne lawsuit, as it Gomes due Farlure of Tanant to pay the rent into the registry of the court wil be a waiver af Tenant's defenses other than payment F Attcmeys Fees In any lawsuit brought to enforce the Lease or under appiicacle law, tne party who wins may recover iis reason- LL adie Court costs and attorneys’ fees trom the party who loses "AVI. ASSIGNMENT AND SUBLEASING, Tenant ray Gay vei ON@) assign the Lease 7 sublease all or any part of the Promises witheut first obtaining Landlord's written approvex sent to ihe assignment or sublease RLCC-1 GCopyright 1904. Fonds Assocation of REALTORS® 7 O. Box 725025 Orlando, Fiorida 32872-5015 All Rights Reserved Sage 3 of ¢ This form is licensed for ub» with Fermuiator® Forms Software by ISG McAlister Pusnaning Ine 800-338-1027, nN e @ is a oe a 20 m cos 4 ras, 2 3°08; Fepeta-l ; oa *RMILR'SK SF LOSS _ancisrd sha, Sa Nerike one! 3e able for any ‘ess by “easor oO; ~-™mage, het or at cenwig: te conten’: trlergings. and persara! 2% eval 3” “enant's ‘amily, agants e~sleyee vests, 21 wsitors located ie“, about “a Frames, a for camage or nyury ts Tenant o; Tenant's family, agents employaes guéSs, or vietsrs Larciora snail i not be liable if such damage, theft, cr ioss:s. caused py Tenant, ~enant's family, agents. employees. guests, of vieiters, Nothing ccntainad in this provision shal reveve Lanclers er Tenant from responsibility for 'ess, damage. or iRury Caused dy its own negligence of wiliful conduct XVIt1, SUBOAGINATION, The Lease ss subordinate to the lian uf any mortgage encurbering the ae title to the Fremises fram time to time. XIX. LIENS. Tenant shall not have the right or authority to encumber tha 2ramises or to permit amy person to claim or assert any len for the improvement or repair of the Premises made by Tanant. Tenant shail notify all parnes. farfarming work on the Premises. at Tenant's request that the Lease dogs not allow any liens to attach to Landlord's interest * XX. APPROVAL CONTINGENCY The Lease is Enatjatrne Me) conditioned ween approval of Tenant by the association ‘hat gavems the Pramisas. . XX. RENEWALJEXTENSION The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenans, but no renewal mayextand the term to a date more than | year after tne jeass begins. A new ‘ease 1s required for eacn year. XXL, MISCELLANEOUS A, Time ts of the essence of tha Laase 8 7he Lease shail be binding upan and tor the benefit of tha hairs. personal -epresentatvas, successors, and permitted assigns ef Lanclord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever usec, the singular number shall inciude the plural or singular and the use of any gender shall include all appracriate genders C Tne agraaments contained in the Lease sot forth the complete understanding of the parties and Way not be changed or termi- nated orally. D. No agreement to accept surrender of the Premises fram Tanant will be v@id unless in writing and signed by Landlord E. Al questions concerning the meaning, execution, construction, effect, validity, and enforcement of tha Lease snall be deter- mined pursuant ta the laws of Flanda, F Tne place fur filing any suits or other proceadings with respect to the Lease shall 2¢ the caunty in which the Premises Is located. G Landlord and Tenant will use good faith in performing their abligations uncer the Lease H. As raquired by taw, Lanciord makes the following disclosure: "RADON GAS “ Radon is a naturally oecurring radioactive gas that, when it has accumulated in a building in sufficient quanobes, may oresent health risks to parsons who are exposed to it over dme Levels of radon inat axcead fecerat and state guidelines nave bean found in duildings in Florida Additional infor- mation regarding radon ard radan testing may be obtained from your county public neath unit The Lease has been executed by the parties cn the dates indicated baiow Executed by Lenclord in me presence of OT fetes Print Name _. Print Name 2 witneseac nbeded for Landlord Executed by Tenant in the presence of _ ee Print Name f. 7 FLOLEA Prin fe Tenant's Signature Print Name . Print Tenant Name Date — — Print Name. 2 witnessas needed for each Tenant This form was cormpieted with the assstance of Name Address. Tolephane No The Florida Associauon o/ Realtors and ccal S2ardAssccation of RealtarsiS mate no rapresantat.on a6 to tne legal validity cr ade- quacy of any pravisign of thie farm in any specific tangaction. This standardized orm snould Not de used In Compies transactions oF wilh extensive riders er additions This form is available ter use by the entra real estate industry and is not intended fo Wdantity the wseras a REALTOR REALTOR® isa registered callective memberanin mack that may ba used only by tal estate licensees who are members of the Nationa! Assoc'ation of REALTORS and wno subscribe to its Cade of Ethics The copyright laws of the United States (17 US Code) farvia the semuthonized raproduction af blank farms dy eny Means Including facsimile ar computerized forms RUCC+1 (Copyright 1994 Fluoride Assaciation ut REALTORS® P.O, Box 725025 Crlando, Florida 27872-5025 All Rignte Reserved pace ¢ ate This form ip icensad for Lae with Formulator’ Farms Sattware ay ISG McAllister Pubilsning, .n¢ 800-336-4027 WS sot Sfas, Feet le aM) age COMMUNITY ASSOCIATION NAME : OR PAINT IN BLACK INK ONLY Bon Ji RIG rienmontonsesiensy S49~ 23 8S mone OYab 73 at (autie, woe CE SOC. SEC. NO. BIRTHOATE (Guta) wiode LNO. OF OCCUPANTS NAMES ANO AGES CF OTHER OCCUPANTS etaooness 536 \ EE NY wo bd) S8Y SIV sTH OF yy MONTHLY RENT ~ vi » r ¥ RES TGA DENCE YAS. / cs. MERFAL ORWORTGAGE PAYMENTS perl sal rus ADORESS NG Ao NO. Shy wee te NOUS LANOLGRO CR MORTGAGE CO. -_ OL Palery Prt.NO ( ) HQUS LANOLORD OR MORTGAGE CO. ADDRESS BING ‘Siren Cy Sue Fry 1TH OF MONTHLY RENT MORTGAGE DENCE YAS Mas. OR MCATGAGE PAYMENT $ ACCT. NO -- SENT EMPLOYER (W082 0 rr V2 & BER PH NO, 0 SoC Saag 2 2 sevrempLover aponess ‘7? tne Lev 018 JH76 Girewt No ny cory TION LENGTH OF EMPLOY. YRS. MOS. INCOME PER | SUPEAVISCAR IOUS EMPLOYER PHONO (__ HOUS EMPLOYER ADORESS Street ily cry roy TICN, LENGTH OF EMPLOY, YRS. MOS. INCOME PER SUPERVISCR J68'S EMPLOYER Prt, NOL ) JSE'S EMPLOYER ADORESS - ew Soon Gay Sire ET) TION LENQTH OF EMPLOY. YRGE. MOB, INCOME PEA SUPCAVISOR BANK AND CREDIT REFERENCES < NAME & ADDREGS. x CKINGACCTNO K NAME/CREDITOR & AQORESS WMOANNO, AUTOMOBILES AND OTHER INFO, TCAR Lie SECONO CAR You Male Mode Taq Ho ‘Same You Maw Model Tag no Shale > easucense no. CY 260782 Wostare LZ sooresssnown sft 24 ¥ Woy /, \SE CF EMEROENCY. NOTIFY PH NO. ( \CORESS: ‘See Ne une Gay Sie up AEST RELATIVE NOT LIVING WITH YOU : Pls, NO. ( ) ADORESS : wee Wo ‘Sweat wily oe te € YOU EVER BEEN EVICTED FROM A RENTAL RESICENCE FOR NONPAYMENT OF RENT yes VA) £5, LANOLCRO NAME. PM NO ( ) AQORESS ‘Seat No Wow ony Bey be & YOU EVER BEEN CONVICTED OF A FELONY? YES NO ES, PLEASE EXPLAIN (YEAR, LOCATION. TYPE OF FELON*! . Tonal Cepveeenie Rat AW ot Ine AOve NlO/MAUGN 1A Lue AAG Complate ana authonzes ‘he veriicatlon cl wame by resscnacia means AgpliGan! auinonzee Community/sesacialion to in applcants clad! Sureay reports ang ather iAlormmalion Seamed necessary (9 0:39" lo proceea ihis sppication App ican! undersianct (hat lalke OF Incomplete nlormatian given IA May COnKIUIE Qrounkda for rajecton cf UNE APpIICALON AcolcAM) agrage thai a {1 Grecicawea of aN'inlorretian eDtalnag may de made Ic ine aasaciallon and owne! Ol ing avaperty wich appicant hae aocliod undersigned Appiicam, nave tead and agies 10 ai} Grov-siore of ine appiicalon. Spouses Snare Dare FICE USE ONLY ACQUEST FOR ACE RESIDENT SCREENING SERVICES INDICATE BY (7) TYPE OF REPORT AND RESPONSE REQUESTED REQUEST OATE ACE FULL REPORT ACE MEMBER ACE ECONCMY REPORT ACE CODE NO: ACE CONDO REPORT YOUR COMPANY'S STANDAAD REPORT ACE MEMBER FAX N CE MEMBE! 10: ( ) = AUSH SERVICE PERSON MAKING REQUEST. FAX RESPONSE ONLY APT NO a a VERBAL RESPONSE ONLY MOVE-IN DATE VERGAL PLUS FAX RESPONSE 7) 2. a “sr Leas Df + p Poaye fee . 252 cs Vair Ben Lily 05-99" 535. 14th St. Apt. }O¥ z - a S701 6 a & | Mieont Keath, HL 85139-4048: he "Onde LL AES 2 sss : Men aaa Ddlie = @ BBE Bank of America Advaniage~ a BankofAmerica, & ac wroeneatz7 * a a Pw_469) €33 Haefie aaa 06340027 vt OGaua7s27755 gese [ Pommetmerten FE YB fa OEE ORES cote mat EXHIBIT ___ PAGE 2 po neney ieteyed, OP Ow wweg 1 Ry rar Nw oaao a) Ub uO ft te st Dae 0.9 hay pra red wet 2 9 ra 5 / 4 w ro tote wo ul we / 2 5 3 wo ta ne ins nN w EXHIET | Final Order No. BPR-2001-00105 Date: FILED \ “4-04 Department of Business and Professional ene LO AGENCY CLERK h Wachman, Agency Clerk Cor ~7 Py y } I 4s "2g STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE Petitioner ys. CASE NO. 9982794 COREY MARK SCLAR, Respondent / a FINAL ORDER On December 13, 2000, pursuant to §§ 120.569 and 120.57(4), Fla. Stat., the Florida Real Estate Commission heard this case upon a Stipulation. After considering the Stipulation and being fully advised in the premises, the Commission ORDERS the adoption of the agreement. A copy of the Stipulation 1s attached hereto, as Exhibit A, and made a part hereof. _ _ DONE AND ORDERED this 13" day of December, 2000 in Orlando, Flo Division of Real Estate CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was sent by U.S. Certified Mail to: Corey Mark Sclar. %Renters Connection, Inc.. 860 5" Street, Miam Beach, Flonda 33139; anda copy provided to Tanva E. Davis, Esquire, DBPR, Post Office Box 1900, Orlando, Flonda 32802- 1900, this qty day of Tan. 0p. Pipedtn Nihhe Pon STATE OF FLORIDA be frm DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION =“! ~7 py FLORIDA REAL ESTATE COMMISSION oo 2g FLORIDA DEPARTMENT OF BUSINESS ‘, a AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE Datitioner, VS. DBPR Case No. 99-82794 COREY MARK SCLAR, Respondent. STIPULATION © Petitioner, Florida Department of Business and Professional Regulation, Division of Real Estate ((OBPR"), and Respondent, Corey Mark Scilar, hereby stipulate and agree to the issuance of a Final Order by the FLORIDA REAL ESTATE COMMISSION (“FREC’), adapting and incorporating the provisions of this stipulation as final.agency action in this cause. STIPULATED FACTS AND CONCLUSIONS OF LAW 1. Respondent, COREY MARK SCLAR, is and was, at all material imes hereto, a Flonda licensed real estate broker, issued license number 3000986, in accorcance with Chapter 475, Fla. Stat, The last license issued to Respondent was as a broker c/o Renters Connection inc., 860 5" Street, Miami Beach, Florida 33139. 2. Respondent admits that he 1s subject to the provisions of Chapters 455 and 475, Fig. Stat., and the Rule promulgated puvsuant thereto and therefore subject to the jurisdiction of DBPR and FREC. DRPR vs. Cores Mark Seiar DEPR Case Nos. 99-5 Supulsnes W Respondent admits that he has been served with the administrative compiaint, copy attacned, which charges the Respondent with having violated cerain provisions ct + Respondent admits the factual aliecations coniained in Count | of the Administrative Complaint and that such allegations constitute 2 violation(s) of the count(s) charged. 5. Respondent shall not in the future violate Chapters 455 or 475, Fla. Siat., or the Rules promulgated pursuant thereto. 5. This Stipulation shall become erective imme diately upon filing of the Final Order (nereinafier referred to as the "Effective Date”). All dates referenced herein shall commence to run on the Effective Date. STIPULATED DISPOSITION 7. Patitioner shall dismiss Count 2 of the Administrative Complaint. 8. Respondent shail be fined $1000.00, The fine shall be made payable to the Deparment of Business and Professional Regulation, Division of Real Estate, within six (8) months from the Effective Date herein. . Respondent shall be placed on probation for a period of six (6) months from wo the Effective Date herein, during which period Respondent shall provide original evidence of satisfactory completion of an additional 14 hours of FREC approved continuing aducation courses. Should Respondent compete the educationa! requirement before the conclusion of the six-month probation term and provide satisfactory proof thereof, the DPR vs, Corey dark Sefer DBPR Case Nos. 99-32794 Snpulanon probation ‘shall terminate. The education herein is in addition to any requirements for Respondent io maintain the real estate license. 10. Noncomoliance with the stipulation iemms shall result in the suspension of Respondenis licenses, registrations, certificates, and permits until compliance is made and proof of compliance is suomitted to the DEPR. The suspension period shall not exceed ten (10) vears. Reinstatement will be effective 2s of the date on which complete proof of compliance is received. and reinstatement requires submission of proper forms, which may include Form 400.3 and/or Form 400.5. . 41. The action reflected in the Final Order shall be published in the FREC News and Report as follows: Miami Beach: Corey Mark Sciar, broker, fined $1000, 6 mos. probation, 14-hr. additional FREC approved continuing education; inadvertently failed tc immediately deposit trust funds. . 42. {tis understood between the panies that this Stipulation is subject to the approval of DBPR and of FREC, and that in the event of its disapproval, the same shall have no further force and effect. 43. This Stipulation is executed by Respondent for the purpose of avoiding further administrative action by OBPR with respect to this cause. Respondent authorizes EREC to review and examine ail DBPR investigative materials prior to or in conjunction with consideration of this Stipulation. Further, in the event this Stipulation is disapproved, Respondent agrees that examination of any documents or records related thereto shall not DBP2 vs, Corey Mark Sclar DBPR Case Nos. 99-82794 Sopuauen he deemed to have unfairly orajudiced DBPR, FREC or any of its members, nor shall it disquaiiy eny of them from further participation in the resolution of this cause. 44. Respondent agrees that Petitioner may at any time sudsequent to the acceptance of this Stipulation by FREC conduc: furtner investigation, including audits of the Respondent's trust accounts. Respondent further agrees that Petitioner shall have all rights and authority as provided by law to insure compliance with Chapters 455 and 475, Fla. Stat, and the Rules promulgated pursuant thereto. Respondent further agrees that this Stioulation may be considered by DBPR and FREC in connection with any future disciplinary proceeding. 15. The parties understand that this Stipulation and any final order adopting and incorporating its terms shall not preclude or deter other disciplinary proceedings by DBPR or FREC against Respondent for acts or omissions unrelated to those set forth in the Administrative Complaint herein. . 15. Responcent hereby waives all notice requirements and right to seek judicial review of or to otherwise challenge or contest the validity or enforcement of the terms of this Stpulation or any resulting final order of FREC adopting and incorporating the same. 17. All parties hereto shail bear their own atiomey's fees and costs incurred in connection with this cause. 18. Should Respondent withdraw from or in any way manner cancel, annul, alter, repudiate, or revoke the terms of this Stipulation prior to presentation or consideration by FREC, Resoondent agrees to waive all rights they may have to seek attorney's fees and ‘Ble DEPR vs. Corcy Mark Scizr OBPR Case Nos. 99-82794 Supulation casts incurred as the rasult of the disciplinary proceeding up to and including the date of their wrhcrawal from the settlement Stioulation or the date of their atiempt to alter, change, annul, repudiate, or revoke the terms of this Stioulation, 1 There has been prior disciolinary action taken by FREC egainst the ite} Respondent. EXECUTED this 30 dayot (SOS AL orey BEFORE ME the undersigned_authority, this 3o% day of OCORER L000 ersonally appeared (orev Naek Sciar who is pe: personally known to me or who as produced FD. * $4 bo-113-58-058-Cand who swore and subscnbed to the foregoing. MARIA.CAMEJO TOLEDO Notary Punjic = Stale of Rorida My Commission Expires Dac 8, 2002 Commission # CC786884 State of Elorida at Large My Commission Expires: department of Business & Professional ANN By: Dear \e neon Director, aie\N of Real Estate TD:ip — STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL ATION EG: FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE. Petitioner, VS. DBPR Case N° 99-82794 COREY MARK SCLAR, Respondent. ADMINISTRATIVE COMPLAINT State of Flonda, Department of f Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Corey Mark Sclar (hereinafter “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 Adminisirative Complaints pursuant to the laws of the State of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat, and the rele : promulgated pursuant thereto. 2. Respondent is and was at all times mazerial hereto a licensed Florida real estate broker, issued license number 3000986 in accordance with Chapter 475, Fla. Star. 3. The last license issued was as 2 broker c/o Renters Connection Inc., 860 5” Street, Miami Beach, Florida 33139. Mark Selez Case No. 99-82794 +. On or about September n Office Inspection and Audit oner conducted is] the Office inspeciion and Escrow atachec fereto, incorporated herein and mace a part hereof by reference as 2, Responéent received Check #2820 in the amount of $1,000 on August 20, 1999. The check was not deposited until September 2, 1999. Copies of the check and deposit slip are £, attached hereto, incorporated herein and made a part hereof by reference as Adm inistrative Complaint, Exhibit 2. b. Respondent received Check #688 in the amount of $1,000 on September 9, 1999, The check was not deposited until September 29, 1999. Copies of the check and the deposit slip are amached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint, Exhibit 3. 184 in the amount of $1,000 on September 30, 1999. c. Respondent received Check The check was not deposited until October 6, 1999. Copies of the check and deposit slip are attached hereto, incorporated herein end made a par hereof by reference as tive Complaint, Exhibit 4 roker who receives any d fvalue shall immediately place the same ina bank, savings and loan association, trust tu FDBPR v Corey Mark Selar Cue No Besa Administanve Compiaiar company, credit union or ithe company & si powers, in an insured escrow or trust account. Rule 61J2-14.010(2). Fla. da@min. Code 7. “Immediately” is defined as “the placement of a deposit in an escrow account no later than the end of the third business day following receipt of the item to be deposited.” Rule 61J2- 14.008(1)(d), Fle. damin. Code. §. Furthermore, the audit also reveaied that the Respondent's total trust habihty as $46,115.43 and a bank balance as $47,809.52, resulting in a $1,694.09 overage in the Respondent’s escrow account, 9. Respondent has yet to provide an explanation for the overage. COUNT I Based upon the foregoing, the Respondent is guilty of failure to immediately deposit trust funds in violation of Fic. ddmin. ‘Code r. 61J2-14.010 and therefore in violation of § 475.25(l)(e), Fla. Stat. COUNT I Based upon the foregoing, Respondent is guilty of culpable negligence, or breach of must in any ar business transaction in violation of § 475.25(1)(5), Fla. Scat. WHEREFORE, Petitioner respectfully requests the Flonda Real Estate Commission, or the Deparment of Business and Professional Regulation, as may be appropnate, to issue a Final Order as tinal agency action finding the Respondent(s) guilty as charged. The penalties which may be q To) Hv FDBPR v. Corey Mark Sclar Case No. 99-82794 Admunisirauve Complain imposed for violaion(s) of Chapte include: revocation of the license orr or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $i.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 § 475.25(1), Fla. Stat. and Rule 61J2- 24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license. registration, or permit for a period not to exceed ten (10) years: imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus » relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. ddmin. Code. wb FDBPR y. Corey Mark Sclar Case No. 99-82794 Admuniswanve Complaint / SY Ay at SIGNED this So/ ©. day of ues , 2000. ay moye Devens Tit Pye ¢ an . ~Ferrinent Of Peas Professional Regulss: Olessional By: Herbert S. Fecker, Jr. Divis;. R . ono eguUlaton : . f Real ait Director, Division of Real Estate 5 Estate Sar la - — a . ATTORNEY FOR PETITIONER Tanya E. Davis Florida Bar N° 0093572 Senior Attomey Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Flonda 32801-1772 (407) 481-5632 (407) 317-7260 FAX TED PCP: TR/LJ 8/00 NOTICE TO RESPONDENTS Hy PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this (pe of agency action. pa a 1 Ale v Mark Sclar Case No. $9-§2794 omplant PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint vou may request. within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.369 and 120.57, Fla. Stat.; that you bave the right, at Your option and expense. to be represented by counsel or other qualified representative in this matter; and that vou have the right. at vour option and expense, to take testimony, co 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) davs 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. OV 14 ae FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE FICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM pare F-27144 NAME OE HROKER OVA. Sclayv . CRKORER LICENSE # BW sic clos gi | NAME OF TRO BROKER LICENSE # aiid : | fi tt ft td | NAME OF HROKERAGIE | KE | NA ” ERAG | LICENSE # OF BROKERAGE a . ce | — Ges) 532 73¢er AewterS Connection int. 'S [Co 77E2 STREET ADDRESS a4 \ ciTy COUNTY ; zip Sho S77 &tececl miam Beech Dade B3BI3B9_ YES NO REMARKS. | OVACE (RULE G12 10,022 & 03) REQUIRED OUFICE SIGN (RULE 6152.10.24) AGENCY OR TRANSACTION DROKEK DISCLOSURE (RULE G12-10,036 & 037) STATEMENT. RECONCILIATIONS (RULE 6172-14.012) Tora TRUST anity teh (oe 3 | SAL RECON HANK BALANCE = Od, vo —— uo | esucienfees) AMOUNT 1, ba4.0¢4 Le LZ rate SECURITY DEPOSIT: TOTAL, TRUST LIABILITY RECON BANK HALANCE (SHORT/OVER) AMOUNT RENTAL DISTIUBUTION: TOTAL TRUST LIAGILITY RECON HANK BALANCE {SUORT/OVER) AMOUNT \ i KEMARKS. 3 ofA rR with 2x4£Plein whe. H Ly bauw.oy ove Rath = . > i , Wid CSC Vv uw KECE oy wie, ney OF TY KNOWLEDGE ALL RECORDS PERTAINING TO MY SALES ESCROW/TRUST ACCOUNT(S) AND MY eco T(S) HAVE BEEN PROVIDED TO THE INVESTIGATOR. THE ABOVE VIOLATIONS WERE BROUGHT TO ROGOHLY EXPLALSED. ORRECTIVE ACTION WIT} HON DAYS AND PROVIDE DBPR WITH HAT TO THE: NAG we Lh COX AKEN, Py LI——/o-T-9@u mt I BE Pome, owes onan CITATION ISSUED YES SQ # COMPLAINT DOCKETED YES NO #: NOTICL OF SONCOMPLIANCL YES NO Puruart tos 455.225 (3), Uke Comunission sets forth mules which are considered minor violations for which thc DBPR shall provice 4 1 Lcensee with a noice of noreinnplianee.. A viniatival ofa tule & considered minor vieiation if & docs net result ono or physica! harm (0 4 persoa or adversely affors Se public beak, safety, OF welfare or create » xiguifwart thereat uf such hanna. The notice of noncompliance shal only be ised for an inital offense of a minor violation. VIOLATION COMRECTIVIE ACTION Weloman oi a Wo VYamenek we AS . MAL ween Fe Sy re OF FLORIDA DEvARTMENT OF PROFESSIONAL RECULATION * Division! OF REAL Estair Addendum to Office Inspection Report Sales Pending . Date prepared LO - 1-4 Q Na y Date Binder Received - Dale Depos Hscrow or G.ondaler P.oo \ ne fi ran a an Yi ergy yn Ar Pe {Qh _ Awl ANS 0 WH JE KSA in -O- - wf ua | Ma-1a-4 ¢ Mndecson _— Fr AO=4d 4 m3 NM. _X\N {> 20-44 A_Mierales _ 220744 CAME . 2 -Perire. 4-4-4 4 Richards. ~G-A-“VA _ Diath. _ an Pe Outstanding Checks LN Ede Date of Check Chicck: Numbs, Amount of Check _Payable to ~ TT PTS TT SCCU IE TUES PE CSS convp 1 1yudgenumber at a Ane 1 Uveenien Ete SE? __|- — poly OUST IRE CVEES greml hel ae Oo i? ae 6h) 7010? —|-|- 6180 we 6740 Sais gles 27 ——- eh ca 300.08 oS a — “anf VOT Rroker yw cy \WA_f- - S © La. Yo License No. 4 3 oO 004 Xb. a a Combined Total a ae Bank ow row Pl ankti Ban. Escrow / Trust Account Name and AccounrNo.O2 SoolsS3O_ Verifiedby CO Bol f---— ——- Acrters Con nection snc. oe Invesuigator Signature and Code deh ne _ al (Oe Bank Balance Explain Variations of Totals Below a _ _. ee IO Of DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION - & i 1. ESTATE PROPERTY. MANAC SCROW ACCOUNT AUDIT Date Preparcd 10 ~ Td ~ te a PROPERLY ADDILESS byaa Colliws nave | ie a Ls (Pennsylivs AVE - 427 Euctin wert Pigs Ao S Catlhivl 4/78 Closed/ Huldtwy Sales fab tf ia <0 “oO } [20 Co-tli nef Ae. I oT b= 29-4 ¢ Log biwlotn Rp it eg aco S-al-q¢y “- or — - TS TR To SE - the THs _ _ . += _ __ anil EM ody c4 wile Cos awl? Account Name_ 7A Soa} i S30 _ prover PEC Se le ae License Number 3. IKK 3 000 ay & - Verified By ¢ OQ Ve . Inve “s Siy te & Code, \ Ne! n Ne . 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Docket for Case No: 02-003913

Issue Date	Proceedings
Nov. 13, 2002	Order Closing File issued. CASE CLOSED.
Nov. 12, 2002	Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Nov. 06, 2002	Amended Notice of Video Teleconference issued. (hearing scheduled for November 22, 2002; 9:00 a.m.; Miami and Tallahassee, FL, amended as to location and video).
Oct. 21, 2002	Order of Pre-hearing Instructions issued.
Oct. 21, 2002	Notice of Hearing issued (hearing set for November 22, 2002; 9:00 a.m.; Miami, FL).
Oct. 17, 2002	Petitioner`s Notice of Service of Petitioner`s First Request for Production to Respondents (filed via facsimile).
Oct. 17, 2002	Petitioner`s Notice of Service of Petitioner`s First Interrogatories to Respondents (filed via facsimile).
Oct. 17, 2002	Petitioner`s Notice of Service of Petitioner`s First Request for Admissions to Respondents (filed via facsimile).
Oct. 17, 2002	Joint Response to Initial Order (filed by Petitioner via facsimile).
Oct. 09, 2002	Initial Order issued.
Oct. 07, 2002	Administrative Complaint filed.
Oct. 07, 2002	Request for Formal Hearing filed.
Oct. 07, 2002	Agency referral filed.