op Wd Oe ILE 02 he STATE OF FLORIDA NOV IS py ' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION” FLORIDA REAL ESTATE COMMISSION hecit OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 200182185 PETER PAUL FLEITAS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Peter Paul Fleitas (“Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 0558818 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an inactive salesperson at 671 Plover Avenue, Miami Springs, Florida 33166. FDBPR vs Peter Paul Fleitas FDBPR Case N° 200182185 Administrative Complaint 4. Atall times material hereto, Respondent was owner of property commonly known as 601 Plover Avenue, Miami Springs, Florida 33166 (subject property). 5. On or about February 7, 2001, Respondent entered into a sales and purchase contract as the seller of the subject property with Billy San Martin (Buyer). A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. Pursuant to that certain contract, the parties designated First Choice Title as escrow agent for the transaction. 7. Respondent accepted two escrow deposit checks totaling $10,250 payable to himself. Copies of the checks are attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 8. Respondent cashed the checks and placed the funds into his personal account. 9. Buyer applied to and was denied a mortgage by two different mortgage companies. Copies of the denial letters are attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 10. After denial of the mortgage, Buyer demanded the return of the escrow money, 11. Respondent failed to return the escrow money to Buyer. COUNT I Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction, and FDBPR vs Peter Paul Fleitas FDBPR Case N® 200182185 Administrative Complaint violation of a duty imposed by law, 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 investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs, issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice, injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the FDBPR vs Peter Paul Fleitas FDBPR Case N° 200182185 Administrative Complaint foregoing which may apply. See Section 455.227, Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this_!?_ day of _(2yau iA 2002. ep nt of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Juana C. Watkins Florida Bar N° 0192112 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street. - Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX JW/k PCP: CV/JR 4/02 NOTICE TO RESPONDENTS 4 FDBPR vs Peter Paul Fleitas FDBPR Case N° 200182185 Administrative Complaint 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. ; CONTRACT FOR SALE ANC PURCHASE FA / (isis Form has been scnroved by ihe Dade County asso ations of “SPrTORSete/ . . Date Prepared oR, PARTIES. BELLY Sov coatTy narried man sel? buver ca and DFTER DP PLETTAS AND DULCE MARTA CONST N/A ‘ ns hereby agree that Seller shall sell and Buyer shalt buy the following real property ("Real Propenys ang personal pe (Parsanaity) (collectively, “Proparty’) upon the terms and conditions of this Contract For Sate And Purchase ("Contraes*) includes any Ridarg attachad hareto, 1. DESCRIPTION OF PROPERTY: A. TAX FOLIO #: 95-39-13-095.095n 8. LEGAL OESCRIPTION OF REAL PROPERTY: Lot Block 6 in Kent £ States, "lot Rock Gb dace 23 dade Couney C. STREET ADORESS: 601 Plover Ave. City, Miami Sorings Zin:3 3186 0. PERSONALTY: (included in this sale are all fixtures including, but not limited to: antennaa: fans; central ang room AIC heating units: all othar electrical, plumbing, mechanical Ssyslems; and interior and exteriar lighting fixtures, as p tached to the Real Property.) TWO AIR CONDTTIONING UNTS , 2 Refrigerators, lVasher . l_Drver 1 Microwave il Diswasher 2, PURCHASE PRICE AND METHOD OF PAYMENT: A. PURCHASE PRICE 8. DEPOSIT to be hala in escrow by a Ratekatal fae $_165 ,n00..00 EAI SOVPPPRR First CHOIC Sunset %°. Miami Florida 33178 2. t. Inhial deposit, Ntsc scsnecnessnaen$ 250) OA 2. Additional deposit dua within days attar Effective Date.. 3. Talat daposit (‘Deposit’) . C. FINANCING as a Percentage of the Purchase Price (%) OF dollar AMOUNE ($).....ccssecsseesseecssteeeceeceecc . 10 be provided by (please check as applicable - { ] t. New third Party conventional mortgage loan L (AMG gS “ ] a. (X) first or { second marigaga CeB C 7- v D. { }fixed rate | J adjustableWvariable rate r {vy} fixed of adjustable/vanable rate &. Term: J60Mo or combination, { 12. New thirg Parly FHA of VA mortgage loan (see FHAVA Rider) { 13. Assumption of existing mortgage(s) (see Financing Rider) 3 tno ang 09 Fleancing Rides) SFLLEPS contract wall ceneinue by heirs. 0. OTHER TERMS; ROEM paveriT € Je “ - . PE_OERVIIDA PTE ONLY TE RNY AA NNT ATALTFY £. BALANCE TOCLOSE, inUS, Dollars, in cashier's checks Issued by local financial institutions ar in cenitied checks cantifir by local financial institutions, subject to adjustments and prorations, ("Escrow Agent’) $ Tg 24, 750,90 SAA, THO OF LaOE shalt be relieved, as to aach other, of all obligations under this Contract, 4, ACCEPTANCE; FACSIMILE; EFFECTIVE CATE; EERVIUADY a, J the Deposit will, at Buyer's aption, be returned to Buyer and this oftar withdrawn. Facsimik The “Effective Date” af this Contract will be: (a) she da de it changes in this offer (aller signatura) have beén pv Seller has initialed those changas, 5. DATE AND PLACE OF CLOSING: This transy altlose og- May 1202-08 soon Ppravisions af this Contract ('Closing"), at tha office of Setter! is located. If a portion of the Purchase Price is ta be derive: to place, time of day, and Proceduras for Closing and tor di Contract to the Contrary notwithstanding, However the Institulion shalt LAINTs. SPECIAL CLAUSEes: Buyer now tennant at the above mentioned Proverty willcontir to pay rent and utilities as STATIS Arn , nNroperty so VTS _1 5 ae INDERSTAND THAT SELLER IS A LIC. MORTCACE BROKER, REALTO® ANBINS ACE! ~ 7. RIDERS: (Chock applicable Riders which re attached Io this Contract): OF ate sSociation Rider ' 15. Interest Bearing { | 8. Coastal Construction Control Line Rider FHANA Rider Escrow Rider { } 9. Flood Area Rider ( }2. ( ] 3. Latent Detect Rider fx) 6. "AS IS" Rider { ] 10. Other ~. * 14. Financing Rider (| 7. Mise, Clauses Rider eB Saas tai AA 29. ASSIGNABILITY ">a Suyar may se! assiqn ins Contact winout tha written consent of Sellec. tg, TIME! Times si che asserce ‘or al c.ovisions ue ue Coniact. ¢ WT TYPEWRITTEN OR HANDWRITTEN PRC TONS: NOT RECOAC +HLE: This Contract, including any exhibits and Riders attaches. -et forn the entire agreement betwesn Buyer and Seller and contains all of the covenenls, gromisas, agreements, repre: sentations, conc:tions and understandings. Typewniten cr hanawritten provisions insartad In (nis Contract or aiached Nareto as exhibits or Riders shall control ail printed provisions in conflict therewith. Newher this Contract, nor any notice of it, shaiite racarded in any public recards. 34, RADON GAS: Raconis a naturally occurnng radlaactive 9as sat, when it has accumulated In a building in sufficient quantillas, may presant health risks to persens who are axposed ta it overtime. Levals c! radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radan and radon testing may be obtained from your county public health uni, 32, WARRANTY: Seller warrants and represents that there are no facts known to Seller whicn matarially atfact ine value-crdasiratility ofthe Real Property which are nol reacily observable by Buyer of which have not been disclosed to Buyer. , 7 . 39, DISCLOSURES: BUYER ACKNOWLEDGES RECEIPT OF THE AGENCY, RADON, COMPENSATIO OR OMSCLOSURES.... ae e THIS IS INTENDED TO BE A LEGALLY BINOING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. * This Form has deen approved by and Copyright 1992 by the fallowing Cade County Associations of Realters: Coral Gablas Association of REALTORS , Hialeah-Miami Sonings Association af REALTORS , Homestead-South Dade Board of REALTORS , Kendall-Perrine Association cf REALTORS , Miami Beach Asscciation of REALTORS , and REALTOR Association of Miami. Approval of this torm by thesa organizations dees not constitute an gpinion that any of the terms and conditions in this Contract form should be accepted by the parties In a particular transaction Terms and conditions should be negotialed between the parties based upon the respective interests, objectives and bargaining positions of al Interested parties. ant . . + : SRCONN DESCLOSTRE Buyer undershand thgt seller is a Lic. Real (fine) for himsel* & family PROFITS. In noway represent ae Cate fast initialed by Buyer, if applicable: BUYER: , Sate Signed by BUYER: A BILLY SAN MARTIN Tax!O wo Tax ID #:, (Seal) (Seal) Address: 691 Plover aye, Miami Sorings, Fla, 33146 34, BROKERAGE FEE: Seller acknowledges that this Contract has been read In N's entirety and agreas lo sail the Property lor the tens and conditlons stated in this Contract, and does heraby approve, ratify and confirm the Contract in all respects. The undersignad Seller acknow- ladgas the employment of the Broker(s) named herein as sole agent(s).ot the Seiler (or of the Buyer, i! so designated) and agraes to pay said Brokers) fel Ad, ‘of the Purchasa Price, ors foe) fan, (plus socvica/sales tax, I! applicable) [cr sarvices partormed in tinding a Buyer raady, willing and able, to purcnase tha Proparty pursuant to this Contract. Said tae is payable at time of Clesing of this transaction, The provisions of this paragraph shall survive tha Closing. I Buyar fails to perform and the Daposit!s retainad, 50% thersol, but not exceeding the Sraker’s fea provided above, shall ba pald Broker as full considaration tor Broker's sarvicas, and the batanco shall be paid to Saller, If the transaction shall not close because of retusal of failure of the Seller to perform, or, If Buyor and Seiler shail mutually rascind this Contract without Braker’s consent, Setter shall pay the full ee to Broker upon damand. {n any litigation arising out of the Contract concerning the Broker's lee, tha oravailing party shall recover reasonable apion ays’ fees and costs, Inctuding at trial and appellate level. m iy iy aka KBs: of Date last initla| y Seller, if applicabia: \e) net fale 7 SELLER» Nae r “Ue. Date Signgd by Seller: Wissen LAR aay OPEN s0an DULCE M. CONSUL PPTER FUP “Tax! #: Tax lO m. Address; O71 Plover ave. Miami Sorines Florida 33166 38. BROKERS: TRe Groker(s} named below constitute the agent(s) of the Seller (or of the Buyer, If so designated) +. ding the sale of ihe Property, and each Srakgebereto will hold the other Sroker harmless {rom any claims for brokerage fees angngitom namo dealings with any Broker not specitiad herein. By ihe to thelr names. t) tion, the Broker(s) agree to the brokerage fee specitied TEN to the proportions set out adjacent % Firm name of Listing Groker Firm name of Selling Broker as {check one) { ] Cooperating Su nt of Listing Brokar; or [ ] Buyers Broker — By: _— By: (Authorized Signatory) (Authorized Signatory) _ 3 3a, Res RECEIPT: The Deposit (subject to clearance) was receivedon_ and shail be held and disbursed according Mea iv” LV nis Contract by the undersigned Escrow Agent. . By: OF % Firm Nama ot Escrow Agent - Telaphone {Authorized Signatory) nn . am) a, a A> DAR Ct (07/92)e Page 4/4 "AS 'S" RAIDER 9 GALS ANO PUACHASE THIS Dau AS BETs 2eE5 al cena ors ae ang Purchase “ate Prepares wan RTLIV SAN MARTIN ‘arciad man.seli Auver Raver 5 UL CF CONST - Setter.” further agree as lottows fo wmicn (9-5 Aegan rs atlactes Buyer aod Seller Ni ¥ “AS 1S": Buyer and Seller agree that the Property. including but not limited to tha structure, the root, and the Personality described in Paragrapn 1.0. of tne Contract, ss being sold to, and accepted by, Buyer in “AS |S” cancitian as of the Ettective Date 2 INSPECTIONS: A. Paragraph 12oftne Contract, and Paragraph 5.8. of the "Association Rider” (if applicable). are nereby deteted in tneir entirety 8. Buyer shall have tne right to inspect the Pregerty and to have such inspections performed as Buyer shail Gesire for a period of fiftaan days immediately following the Effective Date (“Inspecticn Perioa’} C. Any inspections of tne rcof ar for termites or other wood destroying organisms shall be performed by aperson or firm holding an appropriate Florida license. Any other inspections shall be performed by a persen or firm specializing in such matters and holding an occupational license for such work (if required) or by an appropriately licensed Florida contractor All casts of such inspections shall be paid by Buyer. Seller shalt provide access and necessary utilities for such inspections. It Buyer determines, in Buyer's sole discretion, that the results of any such inspections are not acceptable to Buyer, Buyer may, at Buyer's option: (1} elect to cancel this Contract by providing Seller with notice of such election (along with copies of such inspection reports) within the Inspection Period, in which case (he Deposit shall be forthwith returned to Buyer, and Buyer and Seller shail be relieved, as to each other, of all obligations under this Contract; or (2} elect to accept the Property in its "AS IS" condition and proceed to Closing. . G. If Seller has not received written natice of Buyer's election to cancel the Contract within the Inspection Period, Buyer shall be deemed to nave waived tha inspection and cancellation rights granted by this Paragraph 2. H. Notice shall be deemed received by Setler if received at the address set forth in Paragraph 34 of the Cantract LENOER REQUIRED INSPECTIONS: {f Buyer's lendar requires inspections of the Property, Seller shail provide access and necessary utilities tor such inspections. The cost of such inspections and any required repairs shall be the soie responsibility of Auyer. OAMAGE: Shauid the Property suffer any damage as a result of any inspections performed at Buyer's or Buyer's lender's request, Buyer shall be solely responsible for repair of any damage and/or restoration of the Property. WALKTHROUGH: Within 48 nours prior to Closing, Buyer shall be entitled to inspect the Property to ensure that alt items included in the sale are on the premises and that the Property as been maintained, including but not limited to the lawn, shrubbery and pool, if any, in the condition as of the Effective Date, ordinary wear and tear excepted. 7m bal Fal v BUYFR IS A TENENT NOW AT 691 PLover Ave Miami Sorings, Florida 331466 ‘Ye Form hay oan aporoved by and Copy /-gh!® 1982 by Ihe ‘allowing Dead Coun'y Associations of REALTORS® Corel Gables Association of REAL TOAS®. Mateen: Mem: Sprnpy Asvoxiaison of REALTORS® Momasiead: Souin Dede Board of REALTORS® Kendeit-Pering Association af REALTORS® Muri Beach Associalion of REALTORS®, ang REALTOR® Association o} Miami Aaprovel of tne lorm by theet Orgerutatonk coms sat conetiTute en opinion Ina any ot Ihe terms ad Condetiane +1 ihe Fader Inoukd be Mecepled Dy [he Derited in particulier Iransactaon. T wma ENG CONdLOND thoUld De negotiated bere wen Ihe parian patopiced Geese snes tcefetiatecnboo pny FeB-02-0} BUYER: oye Cate Signed by BUYER: 7 I EPLAINT. 2,3 lo) ~ (Seat) (Sent) _ z o7h \ Date Signed by SELLER: Fen. e7-c¢/ i (Seal) the e) bet 07-2) au : wis | SUILLERMO 6. MAR TN ip 197 PLOVER AVENUE AAA SPRINGS, FL 3166 ver NTen Dh epesiT ) ih Feces eda bo paar f 20530000578 OOILLADE GUILLERMO S. MARTIN =—12.00 139 eot ua aman re 166 bo df Lee rf ce 8 nerd eer 4 Fhe 148 = 4 $2000... Tw. Do otk OVUDSWA Bank of America. conan Lpuuer be! phucs er COMUON 7: CO34KAa0 Nea 22" 0139 0000 z00000¢ preted ea ee ee rarer BPP . THIARSSTEUE V3 TAT 8 5 “Gentle nT N CO OSS “Pag ye] 5 fp SLINESOYS BLE A] << eRRLTOBY EOD queasy cy eens {C2 S9LEOL0 59 UN Attu ERT £3¢2/R0/20 BS1GO Weay ap, 10 Roem OF ER ICANA ATS 2080/4 Voom (ELS 11 Rt “ ve ES II982 6222, Heli, lof ten eed S Sob FF gLL/z lek FG AP Vauy og eters kt EL ous Ws P' a4 8/3! CTE ot ea Du xs ty O Move Dag) byes cosneza "SBE voces ° Fase 2 L naér C gice fe) 6 Services ende PELVIC aes AMERS Res sacle Lancer mort BORROWER. Guillertay San Maes DATE: 4-3-1 ADDRESS: G01 Plover Avenue Mion Sonnus, FL 331 ae PLEASE BE ADVISED THAT THE BORKOWER HAS BEEN DENIED BY LENDERS CHOICE MORTGAGE SERVICES AND 1 TTHEMR LOAN UNFORTUNATELY WAS NOT APPROVED WITH OUR COMPANY FOR PHE REASONS STATED BELOW. REASON FOR DENTAL DEBT TO IUNCOME RATLO EMPLOYM CREDIT t na COLLATERAL . vee INSUFFICIENT CASH (DOWN PA YMENT) CLOSING COST LINVERIFIABLE UNFORMATION CREDIT APPLICATION IMCOMPLETE _ MORTGAGE INSURANCE DENTE! OTHER/UNACCEPTABLE PROPERTY PER CUSTOMER'S REQUEST UNABLE TO VERIFY ASSETS _ UNABLE TO DOCUMENT EMPLOYMENT - IF YOU HAVE ANY OUMSTIONS REGARDING THE ABOVE PLEASE DON'T HESITATE TO CONTACT THE UNDERSIGNED. TELANT. YOU IN ADVANCE FOR YOUR ATTENTION TO THIS MATTER SINCERELY YOURS. OF LENDER BY MAD BY EAX 7 FACE TOFACE x) Qs 1 c a a Foals Fons at STATEMENT OF CREDIT DENIAL. 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Unitor the Fuk Crede Regornting Act, yoy Nave the ONE maka & wetter segues! *o lent than Ad eave Nit you TROEMA TNA Ait, fae rtncedare ot Ihe rarer 0! INA MER ayo, HyOu Nowe any queetinne reqemcieg (Ne AGHICe yoy But @ttact: i] 3. The Fouurn Equal Cre Oppounty AG! pnts éredtars fam diec-minsiion Agana credit Jopicagts on ‘9 bauls of rans, dole, felipon, natiscel org, mam, martat daly, uf ane (previding that the Goolant pms Ine Glpecaty So enter into a dingy contrac); pecause at Or pat of: APPLCAN'S inode deftwts from any public wesktance program: or beceuie (he appticant Nay in Cad ALIN dxtercinkd any ight under the Contymer Credit Protection Act, The Fader Agency ‘hat adminigtee, COM plana wih SH lew concerning tig creditor i¢ 4 Shovid you hare any edeittonal Infreinaton wrch might agwet vein WVEILONNG you" crechvariningss, pieqee tel ua know Thank yow for appiyrs, $. Tink nomPaMnan is given by ud on baka! of A Notus Maied on J v = ore by: VObbeE _< td ‘ . hore Breswrhe Mine Taek mee fom serene wae Q) S

Docket for Case No: 02-004425PL