STATE OF FLORIDA ; Division of Administrative Hearings DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION AND PROFESSIONAL REGULATION, }e DIVISION OF REAL ESTATE, Date — alple Petitioner, 0 D> Ob tS 4 FLORIDA DEPARTMENT OF BUSINESS vs. FDBPR Case N° 2002006341 2002007304 NICHOLAS ANTHONY MUSASHE AND THE JANDER GROUP INC., Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Nicholas Anthony Musashe and The Jander Group, Inc. (“Respondents”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT l. 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 Nicholas Anthony Musashe is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 265400 and 3010224 in accordance with Chapter 475 of the Florida Statutes. The last licenses issued were as an active broker at The Jander Group, Inc. 1440 Howell Branch Road, Winter Park, Florida 327789 and at Sun Properties Inc., 1440 FDBPR vs Nicholas Anthony Musashe FDBPR Case N° 2002006341 Administrative Complaint Howell Branch Road, Winter Park, Florida 327789, 3. Respondent The Jander Group, Inc is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 265399 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 1440 Howell Branch Road, Winter Park, Florida 32789. 4. At all times material hereto, Respondent Nicholas Anthony Musashe was licensed and operating as qualifying broker and officer of Respondent The Jander Group, inc. 5. On or about May 14, 2002, Respondents facilitated a rental agreement for the property commonly known as 12034 Walden Woods Court, Orlando, Florida 32826. 6. Respondents received $585 from prospective tenant as good faith deposit. 7. The prospective tenant withdrew from the transaction prior to signing a lease. 8. The prospective tenant placed a demand on the deposit. 9. Respondents disbursed the deposit to the landlord. 10. Respondent failed or refused to notify the Florida Real Estate Commission of the deposit dispute. 11. Respondent failed or refused to institute one of the escape procedures Section 475.25(1)(d), Florida Statutes mandates. COUNT I Based upon the foregoing, Respondent Nicholas Anthony Musashe is guilty of failure to FDBPR vs Nicholas Anthony Musashe FDBPR Case N° 2002006341 Administrative Complaint account or deliver funds in violation of Section 475.25(1)(d)L., Florida Statutes. COUNT II Based upon the foregoing, Respondent Nicholas Anthony Musashe is guilty of culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT III Based upon the foregoing, Respondent The Jander Group, Inc. is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. ) COUNT IV Based upon the foregoing, Respondent The Jander Group, Inc. 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 investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, FDBPR vs Nicholas Anthony Musashe FDBPR Case N° 2002006341 Administrative Complaint 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. (2001) and Fla. Admin. Code R. 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. (2001) and Fla. Admin. Code R. 61J2-24.001. SIGNED this_'S day of Dee , 2002. ent of Business and Professional Regulation By: Director, Division of Real Estate Department oF Di FDBPR vs Nicholas Anthony Musashe FDBPR Case N° 2002006341 Administrative Complaint ATTORNEY FOR PETITIONER Nancy P. Campiglia, Esquire Florida Bar N° 0164259 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 802 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX . NPC/k PCP: NM/PH 12/02 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. 5 FDBPR vs Nicholas Anthony Musashe FDBPR Case N° 2002006341 Administrative Complaint Please see the enclosed Explanation of Rights and Election of Rights form.

Docket for Case No: 03-000488