STATE OF FLORIDA ml EE gg DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? ; 02 MAY - M3: FLORIDA DEPARTMENT OF BUSINESS HAYS PH 3 33 AND PROFESSIONAL REGULATION, Civica A DIVISION OF REAL ESTATE, , Petitioner, oo O%>-/U>] vs. FDBPR Case N° 2002008716 NEREYDA ARGUELLES, Respondent. / ADMINISTRATIVE COMPLAINT ” COMES NOW the Florida Department of Business and Professional Regulation, hereinafter referred to as "Petitioner." and files this Administrative Complaint against Nereyda Arguelles hereinafter, referred to as "Respondent," and alleges the following: 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 not registered as a real estate broker or salesperson in the State of Florida in accordance with Chapter 475 of the Florida Statutes. 3. Chapter 475.01(1)(a), Florida Statutes states, in pertinent part: ‘Broker’ means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, A FDBPR v. Nereyda Arguelles Case No. 2002008716 Administrative Complaint auction, or negotiate the sale, exchange, purchase, or rental of: business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, ? directly or indirectly therefor; and all persons who advertise rental property information or lists. A broker renders a professional service and is a professional within the meaning of s. 95.11(4)(a). 4. "Operate" means the commission of one or more acts described in Chapter 475, Florida Statutes, as constituting or defining a broker, broker-salesperson, or salesperson, not including, however, any of the exceptions stated therein. Section 475.01(3), Florida Statutes (1999). 5. No person shall operate as a real estate broker or salesperson in Florida without being the holder of a valid and current active license therefor. Section 475.42(1)(a), Florida Statutes (1999). 6. Onorabout April 19, 2002, the Florida Real Estate Commission revoked Respondent’s real estate license. Copy of final order is attached and incorporated as Administrative Complaint Exhibit 1. 7. During the period between April 20, 2002 and August 20, 2002, Respondent conducted real estate broker activities as salesperson for Dadeland West Realty Corporation. Copy of purchase and sale contract in which Respondent was listed salesperson is attached and incorporated as FDBPR v. Nereyda Arguelles Case No. 2002008716 Administrative Complaint , Administrative Complaint Exhibit 2. Copies of commission check made payable to-Respondent is attached and incorporated as Administrative Complaint Exhibit 3. COUNT I Based upon the foregoing, Respondent is guilty of having operated as a broker or salesperson without being the holder of a valid and current license as a broker or salesperson in violation of Section 475.42(1)(a), Florida Statutes, and therefore in violation of Section 455.228, 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, 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 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 FDBPR v. Nereyda Arguelles Case No. 2002008716 Administrative Complaint 7 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_))_ day of Nia , 2002. sy “sional Ro Division of Rent al I Regulation ent of Business Real Estate: fessional Regulation kK by: Bark Director, Division of Real Estate 2 leo Baty ; ATTORNEY FOR PETITIONER C./> Christopher J. DeCosta Florida Bar N° 271410 Senior Attorney, Real Estate Department of Business and Professional Regulation, Division of Real Estate 400 West Robinson Street P. O. Box 1900 Orlando, FL 32801 (407) 481-5632 (407) 317-7260 FAX FDBPR v. Nereyda Arguelles Case No. 2002008716 Administrative Complaint . NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the 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 of the 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 Department of Business and Professional Regulation 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. POBQPR GeREAL ESTATE | Fax :4uP-3i)-Fess Sep 2h Ue dds rid _ — STATE OF FLORIDA ae DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION Final Order No. BPR-2002-01012 Date: DEPARTMENT OF BUSINESS AND FILED 3-20-02, PROFESSIONAL REGULATION, Department of Business and Professional Regulation DIVISION OF REAL ESTATE AGENCY CLERK Sarah Wachman, Agency Clerk Petitioner By: 4 , Marv tlir ™ ° NikJ. vs. CASE NO, 200081661 NEREYDA ARGUELLES Respondent / FINAL ORDER On February 20, 2002, pursuant to Sections 120.569 and 120.57(2) of the Florida Statutes, the Florida Real Estate Commission heard the Respondent’s Request for an Informal Hearing and Informal Hearing to issue a Final Order. On or about August 17, 2001, Petitioner filed an Administrative Complaint against the Respondent, who admitted the allegations of fact on the Election of Rights form. Copies of the Administrative Complaint and the Election of Rights are attached hereto as Exhibits A and B, respectively, and made a part hereof. . The Commission granted the request and conducted the informal hearing. - The Respondent, having been properly served with the Notice of Hearing, appeared to present matters in mitigation. Based upon the allegations of fact and upon the information provided, the Commission finds the Respondent guilty of having been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime which directly relates to the activities of a licensed res es EXHIBIT _ _{. PAGE | OF LO FOBSPR D“REAL ESTHTE = Fax: dir-Sh7-P72aS Sep ma ‘ie Qed Pos _~ — real estate salesperson or involves moral turpitude or fraudulent or dishonest dealing and guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence or breach of trust in any business transaction and, therefore, guilty of violating Section 475.25(1)(f ) and (0) of the Florida Statutes, as stated in the Administrative Complaint. Therefore, the Commission ORDERS the Respondent’s license be permanently revoked. This Final Order shall be effective thirty days from date of filing with the Clerk of the Department of Business and Professional Regulation. However, any party affected by this Order has the right to seek judicial review, pursuant to Section 120.68 of the Flonda Statutes, and Florida Rules of Appellate Procedure 9,110. Within thirty days of the filing date of this Order, review proceedings may be instituted by filing a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation at Suite 309, North Tower, 400 West Robinson Street, Orlando, Florida 32801. At the same time, a copy of the Notice of Appeal, with applicable filing fees, must be filed with the appropriate District Court of Appeal. : DONE AND ORDERED this 20th day of February, 2002, in Orlando, Flonda. Drvision of Realstate plese EXHIBIT 2 ( PAGE A_cr _/O FOBGPR D-REAL ESTATE | Fax: du?-3)7- fis cep ot Cus ‘ide Pts ~~ ~ CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true copy of the foregoing was sent by US. Certified Mail to: Joseph Chambrot, Esquire, 950 NW 22° Avenue, Miami, Florida 33125; and a copy provided to Nancv Campiglia, Esquire. Post Office Box 1900, Orlando, Florida 32802-1900, c00™ Naren 20. day of ADMINISTRATIVE COMPLAINT EXHIBIT # ae PAGE % _ or _(0 ep 2o UL Bide: Pel P2GULAL ION STISN CF RISET 2 Fegariless oF which opct ¢2 nocica. of tha time, date até place wher tasd 5 acces iis es Sos consi2 by che Florida Raal Escate Commiss: xr final agency accion. Please sign, matasize anc fil! ous your currenc address. BeZors m*, personally apcearec MOE LEEUCLME Soo idencity is «ncwn to me by onden ae, /fel Ste jo) Ope address ae of dese Toatioa acess. ay, FT 33 IE O35 2065 F°7 Licanse duster Be s- D3° 27 7 wepesha SERRE TKALIVE = COMPLAINT Notary - tie . ; wy ae Pate EXHIBIT # 5 PAGE or /O aevised 3/99 S24 Reverse for Explacai.cn y “UZ Q247 PLS. FDBSPR DeREAL ESTATE rax:di’-517-PidsS Sep 6 7 ~ oe 02 ray ma be STATE OF FLORIDA PAYS py 9 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION - ‘3h FLORIDA REAL ESTATE COMMISSION A IF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, ~ Petitioner, vs. FDBPR Case N° 200081661 NEREYDA ARGUELLES, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (““Petitioner’) files this Administrative Complaint against Nereyda Arguelles (“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 Starutes, and the rules promulgated pursuant thereto. 2. Respondent is and was at all times materia! hereto a licensed Florida real estate salesperson, issued license number 0336589 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active salesperson at Dadeland West Realty Corp., ADMINISTRATIVE ‘COMPLAINT EXHIBIT # PAGE 5_or _]0 — FOBRPR DYREAL ESTHTE = Fax:dor-S1 9-725 Sep LA "02 Gide r.uy as, FOSPR. vs Nezevda Arguélles FOBSR Case N* 20008i55: Administrative Complaint . 10661 N. Kendall Drive #218, Miami, Florida 33176 4. On or about April 11, 2000, Respondent pled nolo contendere to: a. Grand Theft, Second Degree for mortgage false representation; b. Grand Theft, Second Degree for conspiracy; ¢. Grand Thett, Second Degree for morgage false representations; d. Grand Theft, Second Degree, ° COUNT I Based upon the foregoing, Respondent is guilty of having been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime which directly relates to the activities of a licensed real estate salesperson or involves moral turpitude or fraudulent or dishonest dealing in violation of Section 475.25(1)(f), Florida Statutes. | | COUNT I Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business ransaction in violation of Section 475.25(1)(b) of the Florida Stanutes, WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropiate, to issue 2 Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which 2 ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE lo or _[0 . FDB2PR D/REAL ESTATE Fax -40P-317-? as Sep 25 ‘2 gid? Pit -_~ FOe?R Casa N* 290031852 foeeR.vs Nereyca Arzeelles Adminisiraciv2 Complainc | may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offensa(s), include: revocation of the license or registration or permit; suspension of the license, regstration or permit for a period not to exceed ten (10) vears, 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 comp late and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.23(1), Fla, Stat. (1999) and Fla. Admin. Code R. 612-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Starutes, 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 exesed 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 arder; or any combination of the foregoing which may apply. See § 455.227, Fla. Scat. (1999) and Fla. Admin. Code R. 61J2-24.001. AUwiitis RATE COMPLAINT 3 . A EXHIBIT #____ 0 PAGE ___ fs OOF WY FDBRPR DYREAL ESTATE 9 Fax: 407-Si.-rosh cep LO "Ue aide Feil ms _~ FOESR vs Nereyda Arguelies FDER2 Case N° 200922422 Administrative Complainc — . > . ; SIGNED this 1? day of “7 ec4ad , 2001, pe tary ent of Business and : curtari + Rerylenen nofessional Regulation 23] Estate Director, Division of Real Estate ATTORNEY FOR PET ITIONER Naacy P. Campiglia Florida Bar N° 0164259 _ Senior Atomey 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 NPC/k PCP: DS/MV 8/01 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation ugder § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. we ADMINISTRATIVE COMPLAINT EXHIBIT #. oage 3 of 10 _. FDBRPR DeREAL ESTATE = Fax :d0r-Sli-redS ae FDB?2 vs Nerevda arquelles Administrative Camplainc PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, withig the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Star.; that you have the right. at your option and expense, to be represented by counsel or other qualified representative ia 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 thar if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (20 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. ADMINISTRATIVE COMPLAINT > EXHIBIT # J iase 0 10 FDBEPR De REAL ESTATE raxtd0r-S1/-e2a5 sep ot “US aide Fils TC: FRAN MILLER a QaTiz c4sisvecce agg-00041 STavT= ATTY CFFICEe F282 YVIQSINIA FERGUSCN ASSISTANT STATE ATTIRNS? FELONY OLVISICS EYDA ARCUELLES COT2S54 JUSGE JERALD SASLEY PCLICze $71792C TOTAL SENTENCED 45-005 PROZATICN: SY FROBATION ¢*. on LOCATIGN? CAQE CLUNTY sare FROM/TO: 64/11/2000 TE 04/12/2003 4° ca3@ DISPG: PLES NO CONTEST 2= TREaL CASE ASSESSED: $ Séleca PLEA CFER/NIGOTIATIGON( -STATZ,¢2—CCURT) FOR ____° (RYRSeMTHS): STATE : L/_- 2 MENIMUM/HANDATGRY: NCT CHARGED-NCT FILED/ “ot __ YW” og RESTITUTIIN (Y-YES,%-NC,C-GRDERED) ay SENTENCING GULIELINGS (1L-RITHINy2-S3ELCH,3-A20VE) FOR ___ PTS HAS, TUL OFFENTER (N-NOyR-REVIEW, V-VARISS(EROM curnaL Ness). = ee ARSER CRIMINAL CATEGCRY (4,6 _¢CyL-LIEE,S~-STATUTORY ) AZ” S2uTENC? 3 AS A CARGER CRIMINAL (NONDs 2-2 EGULAR yV-VICLENT) aa oe 86 ADCITICNAL? PNC K/H 3 YRS PACE S/C 45 DAYS CCS TO 3E SERVED EVERY CASS INFO? CTHER WAND 23309.53 REST $150. ACNTHLY. CT Acker victim type: © TO wun Crepe deel, NTAKE ATTY? VIRGINIA FERGUSEN RREST QFCRZ FRAN MILLER 056-C0041 STATE ATTY OFFICE ° ‘ b) : HARGES (LST TEM) SLSFCSi{Ticn SENTENCE \ oo ee re —---------—_ - = --~ —_----- f =T 20 925 dH ASJ-PRGE 5 CONS 45.000 4 SRIGAGE/FALSE REPRE nH ADJ-PRE2 32 COND 45-000 : RAND THET ZND/CONSE KH ADJ-PRGS 32 CIND 435%0C0 RAND THEFT N35 O23 COND 45-005 Sol CRIGASE/FALSZE 3 Cons 45~200D < RAND TAFT IND CE ws2 wR £95-P202 $2 COs 25-000 - ADMINISTRATIVE COMPLAINT ™ EXHIBIT # ~ eave (QF __ OO —_ CYES/NC) ~~? ROLE COMMISSION NECESSARY CY-YES,N-NG) ATTORNEY : PPROVED 3Y: | May 3U Uc li:dla Pp. * 4, SALE AND PURCHASE: LUIS GARCIA : ("Seller") 2 and PEDRO HERNANDEZ : (‘Buyer’) 3 agree to sell and buy on the terms and conditions specified below the: Property described as: 4 Address: 9433 FONTAINEBLEAU BL, UNIT #105, MIAMI, FLOR! DA 33172 County: MIAMI-DADE s Legal Description: BLEAU FONTAINE CONDO #3 UNIT 105 BLDX: 31 UNDIV .5186% INT IN COMMON 7” ELEMENTS OFF REC 12987-1594 OR 19978-0424 0901 1 Tax ID No: 30-40-04-067-1730 8 9 together with all improvements and attached items, including fixtures. built-in furnishings, built-in appliances, celling fans, light fixtures, attached wall-to-wall carpeting, rods, draperies and other window coverings. The only other items included in the 10" purchase are: ELECTRIC RANGE, REFRIGERATOR, WASHER &: DRYER 13° The following attached items are excluded from the purchase: 18 The real and personal property described above as included in the purchase is referred to as the "Property." Personal property listed 16 in this Contract is included in the purchase Price, has no contributory val..e and is being left for Seller’s convenience. 7 PRICE AND FINANCING 18° 2, PURCHASE PRICE: $_108,500.00 p: yable by Buyer in U.S. currency as follows: ie fa) $500.00 est nebeived (checks are subjec’ to clearance! APRILI7_ 2002 iby 20° AL, for DAVIDE REALTY INC. (‘Escrow Agent’) 2 2 ane ure Name of Company ze (6) $4,500.00 Additional deposit to be made by _ , orS____days 23 from Effective Date. 24 (c) Total Financing (see Paragraph 3 bi: low) (express as a dollar amount or percentage) as (dS ther: wee Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds paid a at closing must be paid by focally drawn cashier's check, official bank check, or wired funds. 28° 3, FINANCING: (Check as applicable} D(a) Buyer will pay cash for th: Property with no financing contingency. 29° §4)(b) This Contract is contingent on Buyer qualifying for and. obtaining (1) and/or (2) below {the “Financing’) by, 3. fif left blank then Closing Date or within 30 days from Effec: ve Date, whichever occurs first) ("Financing Period”): a tt) A commitment for newW conventional JFHACIVA francingtie$ or 80 __% of the purchase price (plus 32 any applicable PMI, MIP. VA funding fee) at the prevailing interest rate and Joan cos's {f FHA or VA, see attached addendum). aa* C(2) Approval for Seller financing or assumption of mortgage (se attached addendum), 34° Buyer will apply for Financing within days from Effective Date (’: days if left blank) and will timely provide any and all credit, 35 employment, financial and other information required by the lender. Eitier party may cancel this Contract if () Buyer, after using 38 diligence and good faith, cannot obtain the Financing within the Financisig Period or cannot meet the terns of the commitment by at the Closing Date, or (ii) the Financing is denied because the Property 3;,praises below the purchase price and either Buyer elects 38 Not tO proceed or the parties are unable to renegotiate the Purchase p'ice, Upon cancellation, Buyer wil return all Seller-provided title evidence, surveys and association documents and Buyer's deposit(s) wil be retumed after Escrow Agent receives proper 40 authorization from all interested parties. a CLOSING an - 42 4. CLOSING DATE; OCCUPANCY: This Contract wil be closed and the «13ed and possassion delivered on OR BEF 6/28, 2002 4 (Clesing Date’), unless extended by other provisions of this Contract. Ti e Property wil be swept clean and Seller's personal items 44 removed on or before Closing Date. if on Closing Date insurance Underwri:ng is suspended, Buyer may postpone closing up to § days 45 after the insurance suspension is ited. 48 5. CLOSING PROCEDURE; COSTs: Cresing wil take place in the county where the Property is located and may be conducted by 47 electronic means. If title insurance insures Buyer for title defects arisir: between the title binder effective date and recording of 48 Buyer's deed, closing agent will disburse at Closing the net sale procee:!s to Seller and brokerage fees to Broker as per Paragraph 49 18. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. so {@) Seller Costs: Seller wil pay taxes and surtaxes on the deed and -ecording fees for documents needed to cure ttle; certified, 51 confrmed and ratified special assessment liens and, if an improv nent is substantially completed as of Effective Date, an S2* amount equal to the last estimate of the assessment; up to ___“ (1.5% if left blank) of the purchase price for repairs to Ss" warranted items (“Repair Limit’); and up to % (1.5% if left b:ank) of the purchase price for wood-destroying organism 5# treatment and repairs (“Termite Repair Limit”); Other: ss Buyer {Lend Seller (—) (___.) ackrowedge receipt ofa cuny of tis page. wkichis Page 1 of 6 ERgaAPLAINT FAR Rev. 10/00 ©2000 Flanda Association of Rearors® Al Rights Reser} > : EXHIBIT # . " 101 102 103 106 106 106 107 108 109 119 nt 119 1a 114" (b) Buyer Costs: Buyer wil Pay taxes and recording fees on notes and Mortgages; recording fees on the deed and financing staternents: loan expenses: pending special assesemont liens; te:nder's title policy, inspections; Survey; Tlood insurance; Other: 2 (c) Title Evidence and insurance: Check (1) or (2): DO) Setter wit Provide a Paragraph 10fa)(1} owners title insurance commitment as title evidence: (_]Seller Buyer will select the title agent. Seller [ Buyer will Pay for the owne:’s title Policy, search, examination and related charges. Each party will pay its own closing fees. 21 (2) Seller wil provice title evidence as specified in Paragrap! 10(aX2). Seller Buyer wil pay for the owner's title Policy and select the tite agent. Seller will Pay fees for title .earches prior to closing, including tax search and tien Search fees, and Buyer will Pay fees for title searches after clos: 1g (if any), ttle examination fees and closing fees. (d) Prorations: The following items will be made current {if applice}yle) and prorated as of the day before Closing Date: reai estate taxes, interest, bonds, assessments, association fees, insurance, rents and other current expenses and revenues of the Property. if taxes and assessments for the current year cannot ie determined, the previous year's rates will be used with adjustment for exemptions and improvements. Buyer |s responsibk. for property tax increases due to change in ownership. (e) Tax Withholding: Buyer and Seller wit Comply with the Foreig: Investment in Real Property Tax Act, which may require Seller to provide additional Cash at closing if Seller is a “foreign pe: son” as defined by federal law, (f) Home Warranty: Buyer ]Seller N/A will pay for a home waranty plan issued by ata cost not to exceed $ . A home warranty plan provides fcr repair or replacement of many of a home's mechanical systems and major built-in appliances in the event of breakdown Oli to Normal wear and tear during the agreement period. PROPERTY CONDITION 6. INSPECTION PERIODS: Buyer will complete the inspections referen_ed in Paragraphs 7 and 8{a)(2) by SDAYS FROM EFF. (within 10 days from Effective Date if left blank) (“Inspection Period"); the wood-destoying organism inspection by , — (Prior to closing, if lett blank); and the walk-through inspection on the day before Closing Date or any other time agreeabl:: to the parties. is ani quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and test the Property for radon. If the radon level exceeds acceptable !:PA standards, Seller may choose to reduce the radon (ad) Homeowners' Association: if Membership in a homeowners; association is mandatory, an association disclosure summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL 8. MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep thu Property in the same condition from Effective Date untl Closing, except for normal wear and tear (“maintenance tequirement’} and repairs required by this Contract. Seller will provide from a defect in a warranted item. Seller iS not obligated to bri: g any item into compliance with existing building code regulations unless necessary to repair a warranted item. “Working condition” means operating in the manner in which the item was designed to Operate and “cosmetic conditions’ means aesthetic imperfections that do not affect the Buyer (Y k )(___Jand Seller(__} ) acknowledge receipt of a cy of this page, which is 18.2 of & FAR-6 Rev. 10/00” ©2000 Florida Association of ReALTors® All Rights Reserveci ADMINIS Tn ae CENRBEAINT. EXHIBIT # d- pace ae or 1g May 5 116 V7 118 ors 120 121 122 123 124 125 128 wa? 128 129 130 131 3132 133 134 135 136 137 138 139 140 144 142 143, 144 145 146 147 148 149 180 11 152 153 184 185 156 187 158 159 180 164 162 183 164 185 166 167 188 169 170 171 172 173 174 W75 76 177 30 O2 11:33a p. working condition of the item, ..cluding pitted marcite; missing or torn screens U. sr than missing pool cage or screen room screens; fogged windows; tears, worn spots and discok:ration of floor coverings/wallpapers/window treatments; nail holes, scratches, dents, scrapes, chips and caulking in 2athroom ceiling/walls/flooring/tileAixtures/mirrors; and minor cracks in floor tiles/windows/driveways/sidewalks/poo! decks/garage and patio floors. {9} Prefessional Inapection: Buyer may have warranted itom< inopcotcd by a porcon who apesializes in and holde an occupational license (if required by law) to conduct home inspec ions or who holds a Florida license to repair and maintain the items inspected ("professional inspector’). Buyer must, within 5 days from the end of the Inspection Period, deliver “weitten notice of any items that are not in the condition warraniad and a copy of the inspector's written report, # any, to Seller. f Buyer jails to deliver timely written notice, Buyer waives Seller's warranty and accepts the items listed in subparagraph (a) in their “as is" conditions, axcept that Seller must meet the maintenance requirement. (3) Repair: Seller is obligated only to make repairs necessary t> bring warranted items into the condition warranted, up to the Repair Limit. Seller may, within 5 days from receipt «:f Buyer's notice of items that are not in the condition warranted, have a second inspection made by a professional iaspector and wilt report repair estimates to Buyer. if the first and second inspection reports differ and the parties cannot resolve the differences, Buyer and Seller together wil choose, and equally split the cost of, a third inspector, whose written report will be binding on the parties. If the cost to rapair warranted items equals or is less than the Repair Limit, Seller will have the repairs made in a workmanlike manner by an appropriately licensed person. if the cost to repair waltanted items exceeds the Repair Limit, either party may cancel this Contract unless either party pays the excess or Buyer designates which repairs to make at a total cost to Seller not exceeding the Repair Limit and accepts the balance of the Property in its “as is” condition. (b) Wood-Destroying Organisms: “Wood-destroying organism” means arthropod or plant life, including termites, powder-post beetles, oidnouse borers and wood-decaying fungi, that damages or infests seasoned wood in a structure, excluding fences. Buyer may, at Buyer’s expense and prior to closing, have the Proputy inspected by a Florida-licensed pest control business to determine the existence of past or present wood-destraying organism infestation and damage caused by infestation. If the inspector finds evidence of infestation or damage, Buyer wil deliver a copy of the inspector's written report to Seller within 5 days from the date ot the inspection. Seller is not obiigated to treat (ne Property if alt the following apply (i) there is no visibie live infestation, [ij the Property has previously been treated, and (ii) Seller transfers a current full treatment warranty to Buyer at closing. Otherwise, Seller will have 5 days from receipt of the ins 2ector’s report to have reported damage estimated by a licensed building or general contractor and corrective treatment est: nated by a licensed pest control business. Seller will have treatments and repairs made by an appropriately licensed person ai Seller's expense up to the Termite Repair Limit. ff the cost to tnsat and repair the Property exceeds the Termite Repair Limit, eit er Party may pay the excess, failing which either party may cancel this Contract. if Buyer fails to timely deliver the Inspector's wr tten report, Buyer accepts the Property “as is” with regard to wood-destroying organism infestation and damage, subject to the maintenance requirement. (c) Walk-through Inspection: Buyer may walk through the Propurty solely to verify that Seiler has made repairs required by this Contract and has met contractual obligations. No cthei issues May be raised as a result of the walk-through inspection. it Buyer fails to conduct this inspection, Seller's repair and maintenance obligations will be deemed fulfilled. 9. RISK OF LOSS: If any portion of the Property is damaged by fire v’ other casualty before closing and can be restored within 45 day's from the Closing Date to substantially the same condition a:: it was on Effective Date, Seller will, at Seller's expense, restore the Property and the Closing Date will be extended accordinyly. If the restoration cannot be completed in time, Buyer may accept the Property “as is" with Seller assigning the insurance proceeds for the Property to Buyer at closing, failing which aither party may cancel this Contract. TITLE 10, TITLE: Seller wil convey marketable title to the Property by stalutory warranty deed or trustee, personal representative or guardian deed as appropriate to Seiler’s status. {a Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance with Currant title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent residential use of the Property: covenants, easements and restrictions of record: matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller wil discharge at or before Closing. Seller will, prior to closing, deliver to Buyer Seller's choice of one of the loflowing types of title evidence, which must be generally accg) ted in the county where the Property is located (specify in Paragraph 5(c) the selected type). Seller will use option (1) in Palm B3ach County and option (2) In Miami-Dade County. (1) A title insurance commitment issued by a Florida-licansad title insurer in the amount of the purchase price and subject only to title exceptions set forth in thls Contract. (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be Certified as correct by an existing firm) purporting to be an uscurate synopsis of the instruments affecting tite to the Property recorded in the public records of the county where the Property is located and certified to Effective Date. However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, together with copies of ail documents recited in the Prior polcy and in the update. {f a prior policy is not available to Seller then (1) above wil be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. (0) Title Examination: Buyer will examine the title evidence and daliver written notice to Seller, within 5 days from receipt of title evidence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days from Buyer (} By, ) and Seller ( )( ) acknowledge receipt of a copy of this page, which is Page 3 of 6 Pages. FAR-6 Rev. 10/00 ©2000 Florida Association of Rearors® Ali Rights Reserved ADMINISTRATIVE COMPLAINT EXHIBIT ae PAGE 9 GF iC ul Mag 3U Uc tlisva P. 17g receipt of Buyer's notice of defects ("Curative Period”) ta cure the defects a: Seller's expense. If Seller cures the defects 173s within the Curative Period. Seller will deliver writtan natica to Buyer and the partios will cloee the transaction on Closing 180 Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has pagsed. if Seller is unable to cure the 181 defects within the Curative Period, Seiler will deliver written notice to Buyer and Buyer will, within 10 days from receipt of 182 ‘Seller's notice, either cancel this Contract or &cCept title with existing defects and close the transaction. 183 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice to 184 Selle, within 5 days from receipt of survey but no later than Gosing, of any encroachments on the Property, encroachments by the 18s Property's improvements on other lands or deed restriction oF zoning violations. Any such encroachment or violation will be treated 186 in the same manner as a title defect and Buyer's and Seller's objigations wil be determined in accordance with subparagraph (b} 1a7_— above, If any part of the Property lies seaward of the coastal Construction contro! line, Setter will provide Buyer with an affidavit or 189 MISCELLANEOUS 130 11, EFFECTIVE DATE; TIME: The “Effective Date” of this Contract is the date on which the last of the parties initiais or signs the 191 latest cffer. Time is of the essence for all provisions of this Contract. All time periods will be computed in business days (a 192 “business day” is every calendar day except Saturday, Sunday and nationa! legal holidays). If any deadiine falls on a Saturday, 193 Sunday or nationat legal holiday, performance wil be Que the next business day. All time periods wil end at 5:00 p.m. local 134 time (meaning in the county where the Property is located) of the appropriate day. tas 12. NOTICES: All notices will be made to the Parties and Broker by mail, personal delivery or electronic media. Buyer's failure 196 to deliver timely written notice to Selle, when such Notice is required by this Contract, regarding any contingencies will 197 render that contingency null and void and the Contract will be construed as if the contingency did not exist. tag. 13. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller, Except for brokerage 199 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract, 200 Modifications of this Contract wil nat be binding unless in writing, signed and delivered by the party to be bound. Signatures, 201 initialg, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper 202 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or 203 attached to this Contract prevail over preprinted terms, If any provision of this Contract is or becomes invalid or unenforceable, 204 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 205 14. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 20s “Buyer,” “Seller,” and “Broker” may be singular or plural. This Contract is binding on the heirs, administrators, executors, 207 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. 208 DEFAULT AND DISPUTE RESOLUTION 209 15. DEIFAULT: (a) Seller Defautt If for any reason other than failure of Seller to make Seller's title marketable after Giigent effort, Seller 210 fails, refuses or neglects to perform this Contract, Buyer may choose to receive a raturn of Buyer's deposit without waiving the fight 211 to seek damages or to seek specific performance as per Paragraph 16. Seller will also be liable to Broker for the ful amount of the 212 brokerage fee. (b) Buyer Defauit: if Buyer fails to perform this Contract within the time specified, including timely payment of ail 213 deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as fiquidated damages or to seek specific 214 performance as per Paragraph 16; and Broker wil, upon demand, receive 50% of ail deposits Paid and agreed to be paid (to be 218. split equally among cooperating brokers) up to the full amount of the brokerage fee. 216 16, DISPUTE RESOLUTION: This Contract will be Construed under Florida jaw. All controversies, claims and other matters in 217 question arising out of or relating to this transaction or this Contract or t's breach will be settled as follows: 218 {a) Disputes conceming entitiement to deposits made and agreed to be made: Buyer and Seller wil have 30 days from the 2g date conflicting demands are made to attempt to resolve the dispute through mediation. if that fais, Escrow Agent wil 220 submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real 221 Estate Commission, Buyer and Seller will be bound by any resulting settlement or order, 222 (6) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 227 Ficrida Rules of Civil Procedure and the arbitrator will resolve all discovery-related disputes. Any disputes with a real 228 estate licensee named in Paragraph 19 will be submitted to arbitration only if the licensee's broker consents in writing to 220 become a party to the proceeding. This clause will survive closing. zu (c) Mediation and Arbitration; Expenses: “Mediation” is a process in which parties attempt to resolve a dispute by Tee EXHIBIT # PAGE Heep Magy 30 G2 li:4ia 237 Parties. Each party to any arbitration wil! Day its own fees, costs and experses, including attorneys’ fees, and will equally 238 Spht the arbitrators’ fees and administrative feos of arbitration. : 245 reasonable attomeys’ fess and costs to be Paid from the escrowed funds or equivalent and charged and awarded as court costs in 246 favor of the prevailing party, All claims against Escrow Agent wil be arbitrated, so long as Escrow Agent consents to arbitrate. 247 18. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations that 248 are imcortant to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, 288 Broker and Broker's officers, directors, agents and employees in Connection with or arising from Buyer's or Seller's misstatement 256 oF failure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and Broker's Officers, directors, 263 19. BRIOKERS: The licensee(s) and brokerage(s) named below are Collectively referred to as “Broker.” Seller and Buyer 264 acknow:sdge that the brokerage(s} named below are the Procuring cause of this transaction. instruction to Closing Agent: Seller 267 escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated below. asa’ NEREIDA ARGUELLES ILIANA ARMAIGNAC deal Eslany Uoeneg 860 Real Estar3 Licensee Real state icensea . 270° DADE]AND WEST REALTY DAVIDE REALTY, INC. 271° Broker / G-okerage fee: (8 or % of Purchase Price} 3% Broker / Brokerage fee: ($ or % of Purchase Price) 3% 27a eee 273 ADDENDA AND ADDITIONAL TERMS 274 20. ADDENDA: The following additional terms are included in addenda and incorporated into this Contract (Check if applicable): 275" A. Cando, Assn. C1G. New Mort. Rates COM. Housing Oder Persons OS. Sale of Buyer's Property 276" (JB. Homeowners’ Assn, CIH, Asis w/Right to Inspect ON. Unimproved/Ag. Prop, OT. Rezoning 277" CIC. Seller Financing OI. Seif-inspections OO. interest-Bearing Account Clu. Assignment 276" JD. Mort. Assumption (JJ. Insulation Disclosure OP. Back-up Contract WV. Prop. Disclosure Stmt 279" CE. FHA Anancing Ck. Pre-1978 Housing Stmt. (8P) DQ. Broker - Pers. int in Prop. Lother 280° CF. VA Snancing COL. Flood insurance Reqd. OR. Rentals COther 281° 21, ADCITIONAL TERMS: 282° 263° 2gar 285° 2a5° 287° 268 zag 290° 231° Buyer Day ) and Seller ( iz ) acknowledge receipt of a copy of this page, which is Page § of 6 Pages. FAR-G Flew. 10/00 ©2000 Florida Association of Reaors@ All Rights Reserved 317 This is intended to be a legally binding contract. if not fully understood, seek the advice of an attomey prior to signing. 318 OFFER AND ACCEPTANCE aie (Check If applicable: C] Buyer received a written real property disclosure statement from Seller before making this Offer.) 320 Buyer offers to purchase the Property on the above terms and conditions, Unless this Contract is signed by Seller and a copy 321° delivered to Buyer no later than 5:00 Olam Pm.onJUNE{ 2002 _, this offer will be revoked 322 and Buyer's deposi j anos 7 2? he ws" Date: _ Me. Ci Tax ID/SSN: Ra 2 ses Date: _ . Tax IO/SSN: wor i 327" Phone: : $$$. aze Fax: — OO 29° Date: _ Seller: Tax!D/SSN:__ 330° Print namo: LUIS GARCTA — - 331° Date: _ Seller: Tax ID/SSN: : eens TT 2 Print name: 339° Phones Address: gaa" Fax: __ ass O Seller counters Buyer's offer (to accept the counter offer, Buyer must Sign Or initial the Counter offered terms and defiver a copy 338° of the acceptance to Seller by 5:00 p.m. on ). Seller rejects Buyer's offer. or Effective Date: Se ( } and Seller ( MC ) acknowedge receipt of a Copy of this page, which is Page 6 of 6 Pages, The Fonda Assaciation ‘Ot HEALTORS and focal Yoard/Association ot HEALTORS make no representation 38 to the legal validity or adequacy of any provision of this form in FARE Ban eg. Ute Stes (17 US, Cad rb the unautorced rpreaton of blak ona by means Inciudin foasic OOF 5 FAR‘ Bev. 10/00 ©2000 Florida Association of Rearons® AlRights Reserved 9 AuriviLi eis EXHIBIT # pace -_o Ss _—TSTESEEmutm"|™”|#]YNnNpmnonoNnN.N"™"™5™}YN™x™"™")™-*_04W0™N™™m™NmNHjNTjEequVXV7°7°xy™x“N+t+#w#soerxzTe D/DELAND WEST REALTY, CORP. OCEAN Barie RIMS 62 selon Wi THe a . . | pAOSR 2 Nereyes Are els $ “ie USd 08 Three Tamed rig sittudees bows Fig eave cvyrycaiielen ees ak aah aS eave var ev cd tae eave cesecuenaaevendeber vost: °° RATS Naty da? sprees i ne VCD aTte> cas Ave eT Eh “1 ED renee tenns tervinenee f bss we ERS: dearens pees SHEE COMUIGSICH ONS GASES OF 182 DTN ARNO) : wa OCU POCSES 7! HISSGaaIGen CLOL’ILSa aS w0090395480C,' Check 3697 Amount $3,948.00 Date 6/10/2002 ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE | or __1 W ap

Docket for Case No: 03-001631