STATE OF FLORIDA “yee, On, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “2g "9 FLORIDA REAL ESTATE COMMISSION “SP Lin FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, ; Petitioner, O lo _ ly 37 PL vs. FDBPR Case N° 2004030422 DENNIS TRAGE, - Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Dennis Trage (“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 broker, issued license number 575099 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker at 955 25"" Street, Vero Beach, Florida 32960. FDBPR vs DennisTrage . FDBPR Case N° 2004030422 Administrative Complaint 4. On or about December 30, 2003, Respondent conducted an auction for property commonly known as 130 Old Dixie Highway. 5. At all times material to the auction, the owners of the property were unaware that their property was being auctioned. 6. At all times material, Respondent did not have the owner’s permission to auction the property. ‘ 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 transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession in violation of Section 455.227(1)(a), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession in violation of Section 455.227(1)(m), Florida Statutes. FDBPR vs DennisTrage FDBPR Case N° 2004030422 Administrative Complaint , FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 7. Petitioner realleges and incorporated herein Paragraphs One through Three above. 8. Diane McLean participated in the auction as a bidder and was successful at a price of $46,000. 9. Diane Mclean submitted a 10% buyers premium to Respondent. 10. Respondent Trage failed to produce a seller after the auction. 11. Diane Mclean requested the return of her 10% buyers premium. 12. To date, Respondent has failed to return Diane Mclean’s funds. COUNT IV 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 transaction in violation of Section 475.25(1)(b), Florida Statutes. : COUNT V Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, 3 FDBPR vs DennisTrage FDBPR Case N° 2004030422 Administrative Complaint 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 subj ect 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 (2001) and Florida Administrative Code Rule 6132-24.001. SIGNED this_[7 dayotr_ Ocoee , 2005. uehaelt. Business “4 4 aa - POG ; Professional Regulation sistem ert | of Professional Regulahigs By: Michael E, Murphy Bee vision of Real Estate Acting Division Director Division of Real Estate Date : FDBPR vs DennisTrage FDBPR Case N° 2004030422 Administrative Complaint ATTORNEY FOR PETITIONER James P. Harwood, Senior Attorney Florida Bar N° 0425941 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX JPH/k PCP: PH/ATR 10/12/05 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 allowed by law, 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. 5

Docket for Case No: 06-001437PL