04 WAY STATE OF FLORIDA “UIT PM 2: 3g DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. | FLORIDA REAL ESTATE COMMISSION UMIN'5; 5] marl th, 7y reps RINGS FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2001532267 DAVID ARTHUR RUSHLOW, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against David Arthur Rushlow (“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 sales associate, issued license number 557273 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an inactive sales associate at 37421 Derbyshire Drive, Zephyrhills, Florida 33541. FDBPR vy. David Arthur Rushlow Case No. 2001532267 Administrative Complaint 4. On or about June 5, 2001, Respondent had Complainant sign a listing agreement with Respondent’s employer, Preferred Properties for property commonly known as 18220 Paradise Point, Tampa, Florida. A copy of the agreement is attached hereto and incorporated herein as Exhibit 1. 5. Respondent did not provide Complainant with copy of the listing agreement within 24 hours of the signing of the agreement. COUNT I Based upon the foregoing, Respondent is guilty of having failed to give the principal a legible, signed, true and correct copy of a listing agreement within 24 hours of obtaining the written listing agreement in violation of Section 475.25(1)(r), Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 6. Petitioner realleges and incorporates herein Paragraphs One through Three. 7. On or about October 11, 2001, Respondent entered a plea of “nolo contendre” as to the charge of obtaining property in return for worthless checks, a third degree felony in the State of Florida. A copy of the court documents is attached hereto and incorporated herein as Exhibit 2. 8. On or about October 11, 2001, in the Circuit Court of the Sixth Judicial Circuit, Pasco County, Florida, the court withheld adjudication and sentenced Respondent to 6 months probation and restitution. See Exhibit 2. 9. Respondent failed to notify Petitioner that Respondent had entered a plea. COUNT II Based upon the foregoing, Respondent is guilty of having been convicted or found guilty of, 2 FDBPR v. David Arthur Rushlow Case No. 2001532267 Administrative Complaint or entered a plea of nolo contendere to, regardless of adjudication, a crime which directly relates to the activities of a licensed real estate sales associate or involves moral turpitude or fraudulent or dishonest dealing in violation of Section 475.25(1)(f), 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 and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee FDBPR v. David Arthur Rushlow Case No. 2001532267 Administrative Complaint to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 612-24.001. SIGNED this _} day of December 2003. THC Kap. Department of Business and Professional Regulation By: Jason Steele Director, Division of Real Estate ATTORNEY FOR PETITIONER A. Santana, Senior Attorney Florida Bar N° 0318360 Division of Real Estate Department of Business and : Professional Regulation, : Legal Section - Suite N 801 Hurston Bldg. North Tower Vane 4 400 West Robinson Street /zloz/o% Orlando, Florida 32801-1757 ns (407) 481-5632 (407) 317-7260 FAX AS/k PCP: NM/HF 12/03 FDBPR v. David Arthur Rushlow Case No. 2001532267 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 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. i pili 3 Fa eee This Exclusive Right of Sale Listing Agreement (‘Agreement’) is between . GAO ane AQICLES 1 § ("Seller") and bob sity PREF sheen ppeleittes Broker", 1. AUTHORITY TO SELL PROPERTY: Seller gives Broker the EXCLUSIVE RIGHT TO SELL the reat and persona! property (collectively “Property") described below, at the price and terms described betow, beginning the me as day of Se i ars Se , 200{__, and terminating at 11:59 p.m. the __ ‘47 = day of -7 arm wie (‘Termination Date"). Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of-this 2. DESCRIPTION OF PROPERTY: . ~~ _ (a) Real Property Street Address; _ /Y 220 Lad, &f YS éz PotaT é Theat on FL PPEY? Legal Description: Zo = qb loZf Hi ALAGSS HU Lect Journ Hog £3 Q See Attachment {b) Persorial Property, including appliances: veE: Hoe 4 +t AUS He Li LESSEG 2 WS nl Vertes Moca, x, y Alot § aT ‘ ; Q See Attachment {c) Occupancy: Property O sas not currently occupied by a tenant. If occupied, the lease term expires Ac Khe 3. PRICE AND TERMS: The property is offered for sale on the following terms, or on other terms acceptable to Seller: (a) Price: gO {b) FinancingTerms:§{.Cash O Conventional VA O FHA-Q Other Seller Financing: Seller will hold a.purchase money mortgage in the amount of $. =O ~ with the following terms: _” ya i - Q Assumption of Existing Mortgage: Buyer may assume existirig mor age for $. (o) AEX n plus an assumption fee of §, . . The mortgage is for‘a'term of ‘ years ¢ 772 in48-200(_, at an interest rate of iy. % OX fixed Q variable (describe) : Lender approval of assumption Q is required Q is not required Q unkn mortgage for a number of years after the Property is sold. Check wit ensure that all mortgage payments and required escrow deposits deposit to the buyer at closing. (c) Seller Expenses: Seller will pay mortgage discount or other clos any other expenses Seller agrees to pay in connection with a transaction 4, BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make sales contract is pending on the Property. Seller authorizes Broker to: iy (a) Advertise the Property as Broker deems advisable in newspapers, publicati appropriate transaction signs on the Property, including "For Sale" signs ani use Seller's name in connection with marketing or advertising the Property; *! (b) Obtain information retating to the present mortgage(s) on the Property: * (c) Place the property in a multiple listing service(s) (MLS). Seller authorizes Broker to report to lhe MLS/Association of Realtors® this listing information and price, terms and financing information on any resulting sale, Seller authorizes Broker, the MLS and/or Association of Realtors® to use, license or sell the active listing and sold data. (d) Provide objective comparative market analysis information to potential buyers; and (e) (Check if applicable) $Y Use a lock box system to show and access the Property. A lock box does not ensure the Property's security; Seller is advised to secure or remove valuables. Seller agrees that the lock box is for Seller's benefit and releases Broker, persons working through Broker and Broker's local Realtor Board /Association from all liability and responsibility in connection with any loss that occurs. } Withhold verbal offers. Withhoid at offers once Seller accepts a sales contract for the Property. {f) Act as a transaction broker, 5. SELLER OBLIGATIONS: In consideration of Broker's obligations, Seller agrees to: (a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all inquiries regarding the Property's transfer, whether by purchase or any other means of transfer. . (b) Provide Broker with keys to the Property and make the Property available for Broker to show during reasonable times. (c) Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) To indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including attorney's fees, and trom liability to any person, that Broker incurs because of {1) Seller's negligence, representations, misrepresentations, actions or inactions, {2} the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker. This clause will survive Broker's Performance and the transfer of title. (e) To perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1446). (f) Make ail legally required disclosures, including all facts that materially affect the Property's value and.are not readily observable or known by the buyer. Seller represents there are no material facts (building code violations, pending code citations, unobservable defects, etc.) other than the following: feo a £. ‘Notice to Seller: You may remain liable for an assumed ui lender to determine the extent of your liability. Seller will ‘the time of closing and will convey the escrow exceed __7 _% of the purchase price: and nd:continued efforts to sell the Property until a computer networks and other media; place Ic" signs (once Seller signs a sales contract); and Seller will immediately inform Broker of any material facts that arise after signing this Agreement. {g) Consutt appropriate professionals for related legal, tax, property condition, environmental, foreign reporting requirements and other specialized advice. 6. COMPENSATION: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing and able to purchase the Property or any interest in the Property on the terms of this. Agreement or on any other terms acceptable to Seller, Seller will pay Broker as follows (plus applicable sales tax): (a) 2 % of the total purchase price OR $__2.£ 37 . 0 later than the date of closing meet. in the sales contract. However, closing is not a prerequisite for Broker's fee being earned. EPS Pb 4 Rev. 10/99 ©1999 Florida Association of REALTORS® All Rights Reserved Pane 1 of ? atts Ee Ur a Ke z c oat e: a oO ku = << ! | ae be Y gor %} of the consideration paid for an-option, at the time an option is created. !f the option is exercised, wer wil pay Broker the paragraph 6{a) fee, less the amount Broker received under this subparagraph. (c) © __ or %) of gross lease value as a leasing fee, on the dale Seller enters into a lease or agreement to lease, whichever i$ soonest. This fee is not due if the Property is or becomes the subject of a contract. granting an exclusive right to lease the Property. (d) Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by Broker, Seiter or any other person. (2) If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement, defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract. {3} If, within [A days after Termination Date (“Protection Period’), Seller transfers or contracts 10 transfer the Property or any interest in the Property to any prospects wilh whom Seller, Broker or any real estate licensee communicated regarding the Property prior to Termination Date. However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another broker, {e) Retained Deposits: As consideration for Broker's services, Broker is entitled to receive_~O - %ofali deposits that Seller retains as liquidated damages for a buyer's default in a transaction, not to exceed the paragraph Gla) fee. 7, COOPERATION WITH OTHER BROKERS: Broker's office Policy is to cooperate with all other brokers except when not in Seller's best interest, and to offer compensation to: Q Buyer's agents, who represent the interest of the buyer and not the interest of Seller in a transaction, even if compensated by Seller or Broker. Q Nonrepresentatives 3M{Transaction brokers, ‘A None of the above {if this box is checked, the Property cannot be placed in the MLS). 8. BROKERAGE RELATIONSHIP: IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO ALL POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence untit you make a decision on representation, + TRANSACTION BROKER NOTICE | FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION. As a transaction oroker, 2 Ze and its associates, provides to you a limited form of representation that includes the following duties: 1. Dealing honestly and fairly; . 2. Accounting for all funds; 3. Using'skil, care, and diligence in the transaction; 4. Disclosing all known facts that materially affect the value of residential real Property and are not readily observable to the buyer: §. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the ficensee otherwise in writing; 6. Limited confidentiality, unless waived In writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or fisted price, that the buyer will pay a price greater than the price submitted in a wrilten offer, of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and 7. Any addilionat duties thal are entered into by this or by separate written agreement. Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties are giving up their rights to the undivided loyalty of the ticensee, This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment * of the other party when acting as a transaction broker to both parties. Cool ach IAD bree) Date Signature Signature i 9, CONDITIONAL TERMINATION: At Seller's request, Broker may agree to conditionally terminate this Agreement. If Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct expenses incurred in marketing the Property and pay a cancellation fee of $__ ~? — plus applicable sales tax, Broker may void the conditional termination and Seller will pay the fee stated in paragraph 6(a) jess the cancellation fee if Seller transfers or contracts to transfer the Property or any interest in the Property during the time period from the date of conditional termination to Termination Date and Protection Period, if applicable. 10. DISPUTE RESOLUTION: This Agreement will be construed under Florida law. All controversies, claims and other matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first attempting mediation under the rules of the American Mediation Association or other mediator agreed upon by the parties. if litigation arises out of this Agreement, the prevailing party will be entitled to recover reasonable attorney's fees and costs, unless the Parties agree that disputes wit be settled by arbitration as follows: Arbitration: By initialing in the space provided, Seller(__) , Listing Associate and Listing Broker ( agree that disputes not resolved by mediation will be setlled by neutral binding arbitration in the county in which the Property is located in accordance wilh the rules of the American Arbitration Association or other arbitrator agreed upon by the parties, Each party to any arbitration or litigation {including appeals and interpleaders) will pay its own fees, costs and expenses, including altcrney's fees, and will equally split the arbilrators' fees and administrative feas of arbitration. 11, MISCELLANEOUS: This Agreement is binding on Broker’s and Seller's heirs, personal representatives, administrators, successors and assigns. Broker may assign this Aqreement to another listing office. Signatures, initials and modifications communicated by facsimile will be considered as originals. The term “buyer” as used in this Agreement includes buyers, lenants, exchangors, optionees and other categories of potential or actual! transferees, Date: £- 7 — | 5 honda Dicken) Tax DNo: 242.00 .667 6 Home Telephone: ‘ Work Telephone: Facsimile: Address: "ad fAasbOSs foter Titraet- Fi. FR h4 7 Date: Seiler: Tax IDNo: ee ee Home Telephone: Work Telephone: Facsimile: Address; Date: G Pe ie 4 J Authorized Listing Associate or Broker: Zaveé £ Sarl __ = Brokerage Firm Name: Phe /e7 feo PhOoPERTICS Telephone: $7 3 7 Fe ZzE Z. ¢ [Lipng BlLya Ze bity iB ELLLS Address: ea pea a the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimie or compuierized forms, es ERS-8tb Rav. 10/99 ©1899 Florida Association of Reattons® All Riahls Reserved Pana Dnto7 . \ sexual battery (ch. 794) or lewd and lascivious conduct (ch. 800) the defense shall be required to submit . i F ’ In The Circuit Court Of The Dor pc , STATE OF FLORIDA Sixth gudielal Circuit In And ~ vs For Pasco County, Florida . David A. Rushlow Division: :01 ny Case Num: CRC9902254CFAES | /: SPN: 00318046 7 poc Nun: Soc.Sec. : 363-40-40998 17 py 240 ee —— Comm. Control Violate Rett , HEAR UaAS | ——— Probation Violator | een JUDGMENT ~~~~~ nnn nnn ener The Defendant. David A. Rushlow , being personally before this court represented by - John Council mM , the attorney of record, and fhe State represented by Philip Vanallen and having . . , __..- been tried at.d found guilty by jury/by court of the following crime(s) _—- - entered a plea of guilty to the following crime(s) -X_ - entered a plea of nolo contendere to the following crime(s) Crime OBTS Num. Statute and Degree OBTAIN PROPERTY IN RETURN FOR WORTHLESS CHEC: —~ and no cause being shown why the defendant should not be adjudicated guilty, IT IS ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s) _... and pursuant to section 943.325, Florida Statutes, having been convicted of attempts or offenses relatin to | blood specimans .X_! and good cause being shown; IT 1S SHOWN THAT ADJUDICATION OF GUILT BE WITHHELD. _ .X. The Court hereby stays and withholds the impos'tion of sentence as to count{s) 4 and places the defendant on 6mos Probation count 1 under the supervision of the Department of Corrections . {Conditions of probation and/or community contro! set forth In a separate order) ~— The Court defers imposition of sentance until Tha defendant in open coun was advised of his right to appeal from this judgment by filing notice of appeal with the ion ig o! Clerk of Court within thirty days following the data sentence is Imposed or proba ered pursuant to this adjudication. The defendant was also advised of his right to the //) takigg sald appeal at the exoensa ct the State upon showing of indigence. Book 42-PAGE_%Y Wee

Docket for Case No: 04-001740PL