FILED STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUBA FEM, ||: 28 FLORIDA REAL ESTATE COMMISSION A DIVISION OF FLORIDA DEPARTMENT OF BUSINESS ; ADH TRA IVE, AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, . Petitioner, 07 0 O7 PL vs. FDBPR Case N° 2006007218 HUMBERTO A. SALONIA, _ Respondent. > S . an Foe = / ace = 2 ADMINISTRATIVE COMPLAINT Bas yy T State of Florida, Department of Business and Professional Regulatory Bivision offR¢al mn ic Estate (“Petitioner”) files this Administrative Complaint against Humberto 28. Salonia (“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 618498 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a sales associate with the Keyes Company, 2121 SW 3” Avenue, Miami, Florida 33129. FDBPR vy. Humberto Salonia Case.'No. 2006007218 Administrative Complaint 4. On or about July 2005 Respondent was the listing agent for a property owned by Terri Stonewall (Seller) located at 11215 SW 147th Court, Miami, FL. (Subject Property) 5. On or about July 8 2005, Respondent presented to Seller an offer from Bruce Kaercher (Buyer) to purchase the Subj ect Property. A copy of the offer is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. Respondent knew that on or about June 5, 2005 the Seller accepted the Buyer’s offer to purchase the Subject Property. 7. At all times material on or about July 8, 2005 Respondent prepared an addendum to the . sale and purchase contract entered into by the Seller and Buyer for the Subject Property. A copy of - the addendum is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 8. Respondent signed the Seller’s name on the addendum. 9. Respondent did not have the Seller’s authorization to sign the addendum. 10. Respondent signed the addendum as a witness to the Seller having signed. 11. Respondent did not witness the Seller signing the addendum. COUNT I Based upon the foregoing, Respondent is guilty of 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. FDBPR v. Humberto Salonia . Case No. 2006007218 Administrative Complaint 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 ofup to $5,000 for each count or offense; imposition of investigative costs; issuance ofa 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), F lorida 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, orpermitee 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 FDBPR v. Humberto Salonia Case No. 2006007218 Administrative Complaint Rule 6132-24.001. SIGNED this (744, day of ek ar , 2006. Departmentef Business and Dennis J. Yecke Deputy Secretary for Professional Regulation ATTORNEY FOR PETITIONER Robert P. Blaesser, Jr., Senior Attorney Florida Bar N° 626538 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 RB/k PCP: PH/LJ 10/06 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. 4 FDEBPR v. Humberto Salonia : . Case No. 2006007218 Administrative Complaint 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 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. Oseaiceoue sUrtT FAA aUOIBT ASNT Beate Fone Wishinge, bubn appfannas, cling fare, fort aka Ee ben red fn Be dyphoinc } Eire ote a tcicftone oiivered 1 Esarore AGO DY. ororn EReCAVe ‘Dates, (10 cays it tah rasan) 7 » bp expres ee oka eet prow) 3 iF if t i i it fe $3 | 5 x i t i g ? a : 3 hid i? i i i i i t i Fj f i 2 a z i 4 ~ wettryery Firearm) rymittin = aya BO EARORD i; i] casreet raat loan ppptantion niese, De 2 PRommement Patod’}, Buyer ikon felter and Birotearr fully informed, about I one ue ‘shi ha Dontrogt wil ba ciaked OF A. Giants PATE: ean Urvee seri cer Frost OT ne diy Powe reed i i a | 1 i { care Cosrd | pace ¥ " . take place inthe exact wha the Props ney be oa bY B. cLOSING TA {reunite nce rl rs ern 0 a ta as bliss Pret Buyer wh pay tha costs hiearng Oe ester Be ¥ rae p one ard rrecacing san for For! enue a g a _ B pelosi ‘ ey ine purchieas partes (or repair 1 warranted tema (FepeT Laer MaeEas r 3 g Fi q i senipt copy ofthis pane, wrasnie Pear 12 TPagee iv oR l { i 28 peed Terie evegzegess «= TS*BZ REDE /AE/SO T@ «saved ALD WWWOLNY ETEIZ8SbS6 2S:et sead/ba, ADMINISTRATIVE COMPLAINT. EXHIBIT #_| PAGE (oF and up tog or % (1.5% If left blank) of the purchase price for wood-destroying organism « treatment and repalrs (“WDO Repair Limit"); Other: 7 (b} Buyer. Gosts: Buyer will pay taxes arid recording fees on noles.and martgages; recording fees on the deed and financing 6; loan experises; lender's title policy; Inspections; survey; flood insurance; Other: . (c) TH@ Evidence and Ingurance: Check (1) or (2): ZC (1) Tha title eidepe be a Paragraph 10(e)(1) owner's tila insurance commitment, Q Seller Buyer will select the title agent, Q Seller Gf Buyer will pay for the owner's title policy, search, examination and related charges. Each party will pay Its own closing faes. . O (2) Saller will provide an abstract as specitied In Paragraph 10(a)(2) as title evidence. O Seller O Buyer will pay for the owner’s title policy and gelect the tithe agent, Soller will pay fees for litle searches prior to closing, including tax search and jlen sesrch fees, and Buyer will pay,fees for titla searches alter closing (if any), title examination fees and closing fees. () Prorattons: The following items will be made current (if plicable) and prorated as of the day bafora Closing Date: reat estate taxes, Interest, bonds, assessments, association fees, Insurence, rents and ather current expenses and revenues of the Property, If taxes and assessments for tha current year cannot be datermined, the previous year's rates will be used wilh adjustment for exempttons and Improvements, Buyer is responsible for property tax Increases due to change In ownership, (o) Special Assessment by Public Body: Flegarding special assessments imposed by a public body, Saller will pay () the full amount of fens that are certified, confirmed and ratified before closing and (i) the emount of the last estimate of the assessment if an inpraverrant is substantially completed as of Effective Date but has not resulted in a lien befare closing, and Buyer will pay all other amounts. so. : ; (9 Tax Withholding: Buyer and Sétler wil comply with the Foreign Investment in Real Property Tax Act, which may require : Seller to provide additional cash at closing if Seller Is a “foreign person” as defined by fedoral law. . (a) Homa Warranty: O Buyer Q Seller G N/A will pay for a home warranty plan (saued by —_____ ata cost not fo axcasd $_- . Ahoma warranty plan provides for repair or'replacement of many of a home's mechanical systems and maior buitt-In appliances In the event of breakdown due to normal wear and tear during the agreement period, PROPERTY CONDITION 6. INSPECTION PERIODS: Buyer will camplate the ing raterenced in Paragraphs 7 and 8{aX2) by Ways from Effective DatstHéft blank) (‘Inspection Periad”); the wor toying organlet jection by ss st 5 days prior to cloaing, if leit blanky-afid the walk-throu action on the ime agreeable to the partlas; @ survey reference! aragraph 10(c) by {at least 6 days prior to closing-éffalt blank). 7. REAL PROPERTY DISCLOSURES: Soller represents that Soller does not know of any facts thal materially affect tha value - of the Property, including, but not iimited to:violations of governmental laws, rufas and regulations, other than thosa that Buyer can readily observe or that are known by or have been disclosed lo ‘Buyer. Selter will have all opan permits (if any) closed out, with final inspeations complatad, no later than 6 days prior to closing. —. . : {a) Energy Efficiency: Buyar acknowledges racelpt of the energy-afficlency Information brochure required by Section 653,898, Florida Statutes. . {b) Radon Gas; Radon is a naturally occuring radioactive gas that, when it has accumulated In @ bullding In sufficlant resent health risks to parsons who are exposed to it over time, Levels of radon that exceed federal and state guidalines have been found in buildings In Florida, Additional information regarding radon and radon testing may be obtained from your county public health unit. Buyer may, wilhin the inspection Period, have an appropriately licenaed persan eeds acceptable EPA standards, Seller may choose lo reduce the radon below the minimum flood elevation, Buyer may cancel this Contraat by delivering written notice to Sellar within 20 days fram ool i ing elevation af the Qulldings and zone designation ot the Property. if membership in a homeowners’ association ig mandatory, an. association disclasura Into this Gontract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL 0 ee EN ADMINISTRATIVE. COMPLAINT. EXHIBIT #__| PAGE Lor 8. MAINTENANGE, INSPECTIONS AND REPAIR: Seller wil keep the Proparty In the same candition from’ Effective Date unt! closing, except for normal wear. and tear (“maintenance requirament") and repairs required by this Contract. Seller wilt provide access and utiles far Buyer's inspactions, Buyer will repair all damages to the Proparty resulting from the inspections, return the Proparty to its pre-Inspaction condiitlan and provide Seller with pald recelpts for all work done an Property upon its completion, If Seller, using best efforts, Is unable lo complete raquirad repairs or treatments prior to closing, Sellar wil give Buyer a credit at closing for the cost of the rapalrs Seller was abligatad to maka, At closing, Seller will assign all assignable repair and treatment contracts lo Buyer and provide Buyer with pald receipts for all wort, done on the Property pursuant to the terms of this Contract, an . . (a) Warranty, Inspeations and Repair . ‘ : (t) Warranty: Setler warrants that non-leased major appliances and heating, cdoling, mechanical, electrical, security, sprinklar, septic and plumbing’systams, seawall, dock and pool equipment, if any, are and will be maintained in working condition until closing; that the structures (including roofs) ‘and pool, If any, are structurally sound and watertight; anc that torn or missing poo! cage and acreen room screens and misaing. roof tilas will be replaced, Seller does not warrant and la not required to repair cosmatic conditions, unless the cosmetic condilion resulted ‘from a defect In a warranted Item. Seller fs nat obligated to bring'any item into compliance with existing building cade requiations unless necessary to repalr a warranted lem. “Working condition" means operating In the manner in which the item was dasigned to operate and “cosmetia conditions” means aesthetic imperfections that do not affect the working condition of the item, Including pitted marcite; missing or torn window screens; fogged windows; tears, worn spate and discoloration of flecr coverings/wallpapers/window treatments; nail holes, scratches, dents, scrapes, chips and caulking in bathroom colling/Wwalis/flooring/tile/fixturas/mirrors; cracked roof tiles; curling of worn shingles; and minor cracks In floor tlles/windows/drivaways/slcdewalks/pool decka/garage and patio floars, . ° . : (2) Professtonal Inspection: Buyer may, at Buyer's expanse, have warranted items Inspected by a person who specializes in and holds an occupational licanse (if required by law) to conduct home inspections or who holds a Florida license to repair and maintain the Items Inspected (‘professional inspector’), Buyer must, within 5 days from the end of tha Inspeation Period, detiver written notice of any items that are not in the-conditian warranted and a copy of the Inspector's written report, if any, lo Soller, If Buyer falls to deliver timely written notice, Buyer walves Seller's warranty and accepte {ha items listed in subparagraph (a) In thelr "as ts” conditions, except that Seller must mast the melntenance requirement. (3) Repair: Seiler will obtain repair estimates and {s obligatad only to make repairs necassary.to bring warranted Itema into the condition warranted, up-to the Repair Umit, Setler may, within 5 days from racalpt of Buyer's notice of Items that are not In the condition waranted, have a second Inspection made by a professional Inspector and will reporl repalr estimates to Buyer. Ifthe first and secand inspection reports differ and the partlas cannot resolve the-differences, Buyer and Seller together will choose, and equally split the cost of, a third Inspector, whose wrilten report will be binding on the partias, If the cost to repalr warranted {tems equals or fs less than the Repair Limit, Seller will have the repairs mace in a workmanlike manner by an appropriately licensed parsan. lf the cost to repair warranted lteme exceeds the Repalr Limit, elther party may cancel thls Contract unless elther party pays the excess or Buyet designates which repairs to make at a total cost to Salter not exceeding the Repair Limit snd accepts the balance o the Property In Its“as is" condition. . : {b) Wood-Destroying Organisms: “Wood-dastroying organism” means arthropod or plant iif, including termites, powder-pos' beetles, odhouse borers and wood-decaying fungi, that damages ar infests seasoned wood in a structure, excluding fences Buyer may, at Buyer's expense and prior to closing, have the Property Inspected by a Florida-icansed pest control business tc determine the existence of past or present wood-destroying organism infestation and damage caused by infestation. tf the inspeotor finds evidence of Infestation or damage, Buyer wil deliver a copy of the inspector's written report to Saller within £ days fram the date of the inspection. If Seller previously treated the Property for wood-clestroying organisms, Sellar does na have to treat the Property agaln if () there Is no Visible live infestation, and (i) Seller transfers a current full treatment warranty t Buyer at closing: Otherwise, Seller ‘wil have 5 days from receipt of the inspector's raport to have reported damage estimated br a boansad building or ganeral contractor and correclive treatment estimated by a licensed past control business. Seller wil hav Ireatnents and repairs made by an appropdately licensed person at Seller's expense up to the WOO Repair Limit, If the cost t treat and repair the Property exceeds the WOO Repalr Limit, either party may pay the excess, falling which elther party ma cancal this Contract by written notice to the other. If Buyer fails to timaly deliver the inspector's written raport, Buyer accepts th Property “as is" with ragerd to wood-destraying organism infestation and damage, subject to the maintenanca requirement, {c) Walk-through Inspection: Buyer: may, walk through the Property solely to verify that Seller has mace repairs require by this Contract and has met contractual obligations. No other Issues may be raised as a result of the walk-throug inspection. I Buyer-fails to conduct this inspection, Seller's repair and maintenance obligations will be deemed fulfilad. fate ttentne ane nan he meinradt with ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE _ oF 200 + 209 210 an aie Pik] 214 215 10 a 218 210 220 221 202 23° 224 t TITLE 40. TITLE: Seller will convey marketable title to the Property by statutory warranty dead or trustee, personal representative or guardian dead as'appropriata to Soller's status. . (a) Title Evidence: Tille avidenca will show lagal access to the Property and marketable ttle of record in Seller In accordance with current litle standards adopted by the Florida Bar subject only to the followirg tite exceptions, none of which prevent residential use of the Property: covenants, easements and restriations of racord; matters of plat; existing zoning and government regulations; “oil, gas and mineral rights of record It thera is no right of entry; current taxes; mortgages ‘that Buyer will assume; and encumbrances that Seller wil discharge at or before closing, Seller wil, at least 2 days prior to closing, deliver to Buyer Selter’s choice of one of the follawing types of tille evidence, which must ba genarally accepted in the county where tha Property Is located (spectty in Parogranh 6(c) the selected type). Seller will use option (1) In Palm Beach County and option (2) in Miami-Dade County, (1) A title insurance commitment issued by a Florida-licensed tills Insurer in the amount of the purchase’ price and. subject only to title axceplions set forth In this Contract. a (2) An existing abstract of title from a reputable and existing abstract firm (if fiim'ts not existing, then abstract must be certified e¢ corract by an existing firm) purporting to be an ‘accurate synapals of the Instruments: affecting tltis.to the Property racordad in the public records of the county where the Property Is located and certified to Effective Date. Howaver, f such an abstract Is not avaliable to Sellar, then a prior owner's title palloy acceplable to tha proposed Insurer as a base for relssuance of coverage. Seller will pay for coples of all policy exceptions and an update In a format soceptable to Buyer's closing agent from the policy elfeotive date and cerliflad to Buyer or Buyer's closing agent, together with copies of all documents racited in the prior policy and in the update, If a prior policy Is not avaliable to Seller then (1) above will be the title evidence. Title evidence will be deliverad no later than 10 days before Closing Date. (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within.6 days from-receipt of {Ila evidence but no later than closing, of any defects that make the tite unmarketable. Seller will have 30 days from raceipt of Buyer's notice of defects (“Curative Period") to cure the defects at Seller's expanse, tf Seller cures the defeats within the Curative Period, Sellar will deliver written notice to Buyer and the: parties will close the transaction on Closing Date or wihin 10 days trom Buyer's receipt of Selior's notice if Closing Date has passed. tt Soller ts unable to cure the defects within the Curative Perlod, Seller will deliver written notice to Buyer and Buyer will, within 10 days tram racalpt of _ Seller's notice, elther cancel this Contract or accept Utla with existing defects and close the transaction. {c) Survey: Buyer may, at Buyer’s expense, have the Property survayed and deliver written. notice to Seller, within 6 days from: secalpt of survey but no later than closing, of any encroachments on the Property, encroachments by the Property's Improvements: on other lands or deed restriction ar zoning Violations, Any such eneroachment'or violation will be treated in the same manner as a tila defect und Buyer's and Seller's obligations ‘will be determined in aecordance with subparagraph (b) above. if any part of the Property lies seaward of {he coastal construction control jin, Seller wil provide Buyer with an alfidavit or survey aa required by law _delingating the tine’s location on the property, unless Buyer walves (his requirement in wriling. 1 44. EFFECTIVE DATE; TIME: Tha “Effective Date” of this Contract Is the date on which the fast of the perties Intia!s or signs the latest offer, Tima is of the essence for all provisions of this Contract, Ail’ “businass day" Is avery calendar day except Salurday, Sun Sunday or national lagal holiday, performance wil ba due the naxt business day. All time periods will end, at 5:00 p.m. local {ime (meaning in the county where the Property ia located) of the appropriate day, ‘ 42. NOTICES: All notices will be made to Ihe parties and Broker by mall, persanal delivery or electronic media, Buyer's failure tice to Seller, when such notice Is required by this Contract, regarding any contingencies wit to dativer timely written no! render that ponitingency null and void and the Contract will be construed as if the contingency did nat exist, Any notice, document or item given to or recelved by an attorney or Broker Qnoluding a transaction broker) representing # party wil be as ellective as if given to or by that party. . LETE AGREEMENT; This Contract is the entire agreement between Buyer and Seller. Except for brokerage 8 mente no prior or present agreements will bind Buyer Seller or Broker unless Incorporated inte this Contract Modifications of thls Contract will not be binding unless in weting. signed or initialed and delivered by the parly to be bound Signatures, initlals, documents referenced in thls. Contraat, counterparts and written modifications communicated electronicalt or on paper will be acceptable for all purposes, Including delivery;.and will be binding. Handwritten or typewrltien term: ttached to this Contract prevail over preprinted terms. If any provision of this Contract jg or becotnes invalid c inserted In or altached ' tem medntane Oat continue to be tully effective. Buyer and Seller will use sfigance and good faith i eta eto tee meme AnIG. AROS. ADMINISTRATIVE COMPLAINT EXHIBIT # i solely on Sellar, brokerage fea. (b) Buyer Default: If Buyer falls to perform this Contract within the lima speottied, including timely payment of all deposits, Seller may choose to reteln and collect all deposits pald and agreed to ba paid as fquidated damagas or to seal spacific performance as par Paragraph 16; and Broker wil, upon damand, recelva 60% of all deposits pald and agreed to be paid (lo ba split equally among cooperating brokers except whan closing does not occur due to Buyer Nal being able to secura Financing after providing a Commitment, In which case Broker's portion of the deposits wil ga solely to the fling broker) up to the full amount of lhe brokerage fee. 46, DISPUTE RESOLUTION: This Contract will ba construed under Florida law, All controversies, claims and other matters in question arising out of or rafating to this transaction or thia Contract or its breach will be seattlad as follows: (@) Disputes concerning entitlement to deposits made and agreed to ba made: Buyer and Seller will have 30 days from the date conflicting demands are made to attempt to resolve tha dispute through mediation, If that falls, Escrow Agent will submit the dispute, (a0 requirad by Florida law, lo Escrow Agent's. choice of arbilration, a Florida court or tha Florida Real Eatata Commission. Buyer and Seller will be bound by any resulting award, judgment or order, . (b) All other dispites: Buyer.and Salter will have 30 days from the date a dispute arses between them to attempl to resolve the matter thraugh mediation, falling which the parties will resolve the dispute through naulral binding arbitration in the. county where the Property ts located, The arbltratar may not alter the Contract terms or award any remedy not: provided for in this Contract, The award will be based on the greater welght of the evidence and will state findings of fact and the contractual authorty on which If is based, If tha parties agree to use discovery, it will be in acoordanoa with the Florida Rules of Clvil Procedure and the arbitrator will resolve alt discovery-related dispules. Any disputes with a real estale licensee or fim namad in Paragraph 19 will be submitted to arbitration only If the licensee's broker cansents In writing to become a party to the proceeding, This clause will survive closing. (©) Mediation and Arbitration; Expenses: “Meclation’ fs a’ process in which parties attempt to resolve a dispute by’ submitting It to an impartial mediator who fecillates the:rasolution of the dispute but who is not empowered to Impose a settlement on the parties. Mediation will be in accardance with tha tulas of the American Arbitration Association ("AAA") or olher mediator agreed on by the parties, The parties wil aqually divide the meciiation fee, If any. “Arbitration” is a procass In which the partlas resolve a dispute by a hearing before a neutral person who deoldes the matter and whose decision js binding on the parties. Arbitration wil! be.In accordance wilh the rules of tha AAA or other erbitrator agreed on by the partles, Each party to any arbitration will pay Its own fees, costs and expenses, Including atlorneys' fees, and will equally split the arbitralars’ fees and administrative fees of arbitration. . . ESCROW AGENT AND BROKER . 17. ESCROW: AGENT: Buyer and Seller authorize Escrow Agant lo receive, deposit and hold funds and other items In escrow and, subject to clearance, disturse tham upon proper authorizalion nd in accordance with Florida law and the terms af this Contract, including disbursing brokerage fees. The parties agree that Eseraw Agent will not be liable to any person for misdelivery of escrowed tlems to ‘Buyer or Suller, unless the rnisdelivery ts due to Escrow Agent's willful breach of this Contract or gross negligence, If Excraw Agent interpleads the subject maltar of the escraw, Escrow Agent will pay the filng fees and costs from the deposit and will racaver reasonable attornaye’ fees and costs to ba pale! from the escrowed funds or equivatent and charged and awarded as court’costs in favor of the pravalling party. All claims against Escrow Agent wil bs erbitratad, so long 8s Escrow Agent consents to arbitrate, 18. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker eclises Buyer and Soller to verily all facts and representations that ara important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, determining the affect of lawa on the Property and transaction, stata of title, foreign investor reporting requirements, atc.) and for tax, property condition, environmental and other specialized advice. Buyer acknowledgas that Broker doss not realde In the Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records, Buyer agrees to rely professional inspectors and govemmental agencies for verification of the Property condition, square footage and tacts that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, Including reasonable attorneys’ fees at all levels, incurred by Broker and Broker's officers, directors, agents and employeas in conneation with or evising from Buyers or Seller's misstatament or failure to perform contractual obligations. Buyer and Seller Hold harmless and release Broker and Broker's ‘officers, diractors, aganis and employees from all ability for loss or damage based on (1) Buyer's of Seller's misstatement or failure lo perform contractual obligations; (2) Broker's performance, at Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475, FS., as amended, including Broker's referral, recommendation or ratention of ry vendor) ros or eces proved by ery Vers et) te ro vl ot ve Ce FY iI id compensating thelr respective vendors. par ip i ascume full responsiblity for selecting an reel alias 19 dematened ia a nerivin this Contract. This paragraph will survive closing.” ADMINISTRATIVE COMPLAINT EXHIBIT # — PAGE 2 OF ee Wor oer ate Ro een ene Here reeee Fini they Roath . nr ie Sag Rte Fok oo iideen eG ot Z ms (aig Sieoalara Tow ar of Pacha Pray . ane ADDENDA AND ADDITIONAL TERNS AY 9O. ADDENDA: THe folowing terra era includ in wxkzoneda Bnd necrporazad iia thie Contraey Conpicebey: sow, O.. Conti, Asin, Aas ye Right to ape ©. niipres}-Besting Acgount erp, Owctxare Srv ee VG, Pexraqenans’ Auer, OO]. Wepections DR Sant-up Conipot QW, RETA * tor C10, SokerPirercihng Cat; iesutation Disclosure QQ. Bicker Perm. int in Prop. OX 1081 Bxonango See OD, Mar. asareion «2/5. fre 1BT Houdes Sire. ¢.0°) OA Reni OY. Action Cases sor DE. FA Proneng el insiranoes OS. Sxe/Leqes of Buyore Proporty OC) OB Vt aaa wor OF VA Reach OM, Housing Order Persons: OT Asconing . ma Orme, Se 3, NowMur Reba CON, Unimproved/Ag. Prop. QU. Aasionmam Othe. “FIRST WAV REALTY WIE ROILEGT 06.00 -AG-A FROOESSINS FEA FROM THe BUYER AT GOs. ead at et AGA (pat dae aL A ee Tea REA wr anny anne ae PE nme = a - a ys NN cx (0 = Ne =r (ai a TE of cS EES PFs foe ee a a EE ESOS — B= pe mg le Eo ~ ee Pes 1 Fd PY Tn’ Lega IE EEL Py ee al - a a Z 7 ———— = xt “CAPT. Fl Ade 5 fT . a oe —— 5 7 s yeR 7 Ps SEER ro SF we SS La ff cud _— ; ; Peed at (a . ga tec en aOR wR ESL (Pr AareOVOLN ETEILSENGE Teize sean /ee/se B@ -B9Vel ie J=piavwony ETEIZESbS6 SSiGt SoaZ/ba ADMINISTRATIVE COMPLAINT. EXHIBIT #¢_! pAGE 2 uk seo Tides Intended to be a legally bining contract Incl fully underntoad, sock the advice of an artomncy prior to signing. ie OFFERAND ACCEPTANCE 380° (Check 7 applicable: O Buyer rocofved a writen ral property cisttosura slalemant sory] Gales bafore melang Ihis Offer) 22 Buyer offers 10 pacha tha Property on the abave tena and condiliens, Uriess the Cortroct is signed by Galler ard & copy 25 ciolivend to Buyer no Inter man amQ pm on ale lige will bg rmsigkerd a4 and Buyer's deposi! refeided subject to claarance of tunis. . ser new OF OBO pry ye BO (>. Ane aor Pran nemo; Aa ROMER usr Data: seer Prone: saw Frixt war Esmak: au Dae: SAL 2, aot INTER OFFEPVRRUIROTION. . he sae a ee DUNE TURE sgt O Pia te coxnier cherac (wre and aren & copy __}. 1 Betlor rejerta Buyer's ctier sper. cay ee Te receint of & copy of thig pach, Which Is Page 7 of 7 Pages: a co i vo ine er eeu otto ties Se era necoetnaaiab ten 98 35d AppeVHOLIT? etegeagpss = Teton sadz/OR eo EG ADVed LEVON ETESZESPSS 2G: seez/ba/aa ADMINISTRATIVE COMPLAINT EXHIBIT el. _ - PAGE GF ’ (3) Fees: Buyer will pay any application, dlinta the Contrant between STOWE M/A tL Téaas é (Selter) a4 (Buyer) concerning the Properly described as — only #f Initiated by all pariies: {___)_B.. Honjeowners' Association: The Property is located in a community with a O voluntary Q mandatoly (see the disclosure. suynmary below) homeowners' association ("Association"). Seller's warranty under Paragraph 8 bf the Contract or Paragsdph H of the Comprehensive Addendum (if applicable) extend only to the Property and does not axterd to common areas pf facilities described below. lay ba obtained from the county record office or, if not public recard, from the developer or - Association manager. roperty may be subject to recorded restrictive covenanis governing the use and occupancy of Properties {n the community and may be subject to spacial assassrnents. . (1) Association Approval: If tha Association documenta give the Association the right to approve Buyer as a purchaser, this Contraot is contingent on such’ appravat by the Association. Buyer will apply for approval within ——_. days from Effective Date (5 days if left blank) and use diligent effart ta abtain approval, including making personal appearances and paying related fees if requitad. Buyer and Seller will sign and deliver any doauments required by the Association to complete the transfer. [f Buyer is not approved, this Contract will. terminate and Salter will return Buyer's dapesil untess this Contract Provides otherwise, 7 . . (2) Right of First Refusal: If the Assoctation hes a right of first retusal to buy the Property, this Contract ia contingent on the Association daciding not to exercise such right. Seller will, within 3 days from receipt of the Association's decision, give Buyer written notice of the decision. If the Association exercigas its right of first ratusal, this Contraot will terminate, Buyer's deposit will be refunded unless this-Contract Provides otherwise and Seller will pay Broker's full commiasion at closing in recognition that Broker procured the sale, . ‘ . transfer and initial membership fees charged by tha Association, Soller will pay all fines Imposed against the Property as of Closing Date and &ny fags the Association charges to provida Information about its fees or the Property, and will bring maintenance and similar Periodic fees and rents on any recreational areas currant as of Closing Data. $f, alter the Effective Date, the Association Imposes a, special or other assessment for improvements, work or Services, Seller wil pay all amounts due before Closing Date and Buyer will pay all amounts due'aiter Closing Date, Seller tapresents that ha/she Is not aware of ‘any pending special or other assessment that the Association Is considering axcep! as follows: . : & per to The follawing dues/maintenance fegs are currently charged. by Ihe homeowners’ assoolation: &. Lope per AberF ec ta oy a Io 5. per ta $ per to (4) Disclosure Summary tor Mandatory Associations: IF THE DISCLOSURE SUMMARY REQUIRED: BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OA REPRESENTATIVE WRITTEN NOTICE OF THE BUYER’S INTENTION TO GANGEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO, CLOSING, WHICHEVER: OCCURS. FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. Disclosure Summaty Far (Name of Community) . {I)ASA PURCHASER OF PROPERTY IN -THIS COMMUNITY, YOU WILL BE OBLIGATED TO,BE A MEMBER OFA . + HOMEOWNERS' ASSOCIATION, . to THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. : (3) YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $__- PER wo. YOU WILL ALSO BE OBUIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOGIATI 1ON, SUCH- ADMINISTRATIVE COMPLAINT EXHIBIT #_| _ OF PAGE. 43 SREBRASBANS eawneré' Asgociation (CONTINUATION) (6) THRRE MAY BE AN OBLI IN TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED PACILITIES AS AN OB/IGATION OF. MEMBERSHIP IN THE HOMEOWNERS’ ASSOCIATION. IF APPLICABLE, THE CURRENTAMOUNT & : “PER . ; , a : (7) THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL . OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS, (8) THE STATEMENTS CONTAINED IN.THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AB A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY. (9) THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE GOUNTY WHERE THE PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER. . 67 Buyer acknowledges recalpt of this summary before signing this Contract. — nt ree a9 Buyer * Date Buyer Date ADMINISTRATIVE COMPLAINT: EXHIBIT # | ” PAGE OF Foo OC - ea er - iz (Buyer) concerning the Property desnribed as 2f/T Sete Ale 337 only If Initiated by ail pariles: iia a the Contract betwaen__—°7OWE WALL TERA beaten PROPERTY s PE As . ff ) H. As Is With Right to Inspect: This clause ruplaces Paragraphs 6 and 8 of the Contract but ° a+ dos nck modify or replace Paragraph 9. Paragtaph S{a) Repair and Termite Repair Limits are 0%. Seller makes po waranties 7 other thag marketability of tile. Seller will.kag@ the Property In the same condillon from Effective Dale unlit closing, except for 8 normal wagr and lear ("maintenance requiydment"), and will convey the Property in Its “as is" condition with no obligation to 3 make any . Buyer may, at Buyer#’expense, conduct profeasionaland walk-through Ingpeations as descrbed below. If 10 Buyer falls to tl gonduct any In; lon which Buyer ls entitled io make under this paragraph, Buyer walves the right to the 11 inspection and accepia erty “as Is." Seller will provide access and ulililles for Buyer's Inspections. Buyer will repair alt 12 damages to. the Property resulting from the Inspections and retum the Property to ils pre-inspection condition, Buyer may, by a (‘Inspection Period”) (within 10 days from Effective Date If left blank).make any and all 14 Inspections of the Property. The Inspection(s) will ba by a person who specialzes‘[n and holds an occupational ilcensa (If required 16 by faw) to conduct home Inspections or who holds a Florida licanse to repair and maintain the items inspected. Buyer may + 16 cancel this Contract by written notice to Saller within ___ days (within 6 days if left blantd from the end of the Inspection Period I 17 the estimated cost of treatment and repalrs determined to be necassary by Buyer is greater than ~_. For the 18 cancellation to be affective, Buyer must include in the writen nolice a copy of the inspector's written report, if any, and treatment 18 and repair astimates from the Inspector or person(s) holding an appropriate Florida license to repair the lems inspacted, Any 20 conditions not reported in a timely manner will be deemed accaplable to Buyer, Buyer may, on the day before Closing Date or 21 any other time agreeable to tha parties, walk through the Property solely to verify that Seller has fullillad the contraotual 22 abligaljons. No ather issues may be raised as a result of tha walk-through Inspection. . a ax er Y) (_-_)-__)(__} 1. Inspections (check as applicable) . 24 =) (1) Self-tnspeotion: Buyer and ler agree thal unlicensed persons, including the parties themselves, may conduc! wood-destroying organism inspection) petiitled In Paragraph 8 of the Contrapt-6r , However, If the inspection findings calif 0 Mi] choose, and will equally split the cast 26 of tha Contract whos rt will be binding on the parties, fa Paragraphs 7 and 8(a)(2), It Buyer Is fopzihy reason unhappy with a condition .efiha Property noted in during 82 the ingrfaction results, Buyer may.cancal the tract by delivering written notice t 33 inspéctlon xrasults within 2 days from tha prid of the Inspection Peridd, and er will, at Buyer's sola expense, mediately repair all damage resultin, Buyer's Inspections and restore t! roperty to Its pre-inspactlon condition; * Abjs obligation will survive termination of the Contract, If the Contract Is not cancelled, the partizs’ obligations remain as 38. specified In tha Contract, This Paragraph does not modify or. replace the rights and obligations of the parlias under ar Paragraph 9 of the Gontraat. . . ; -t ¢ ) J. Insulation Disclosure (New Homes Only): Insulation has bean or will be installed in the new (_Jt_} a9 fesidance as follows: ‘Legation Type Thickness Manufacturer R-Value av Interior Walls . 42" Flat Coiling Area 4a Sloped Calling Area 4a* Common Walls Between House & Garage 4e° Exterior Walls 4a" Other. an referenci ADMINISTRATIVE COMPLAINT EXHIBIT #ho PAGE ID OF : , ee eee) yza) eller along with a copy of the .. The clauses below will be incorporated Into tha Contract between, STOW EWA TERE L (Salter) : and AFRACHE RARE (Buyer) concerning the Property described as /7 ZIP Seer OVE cP aa i, TNF E only It inialed by all parties: { )¢ }-¢ a ) K. Pre-1978 Housing Lead-Based Paint Waming Statement: “Every purchaser of any Interest In residential seal property on which a residential dwelling was bultt prior to 1978 fs nalified that such property may present expoaure to lead from lead-based paint that may place young children at risk of daveloping lead poisoning. Lead poisoning in young children may produce permanent neurological damage, Inoliding learning clisabllitles, reduced intetigence quotient, behavior! problems, and impaired memory. Lead polsoning also posas a Particular risk 16 pregnant women, The seller of any inlerest In residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assassments or inspeotions in the seller's passession and notify the buyer of any known lead-based paint hazards. 4 risk assessment or inspection for possible lead-based paint hazards Is recommended prior to purchase.” For purposes of. thls addendum, lead-based paint will be referred to as “LBP” and lead-based paint hazards will be refarred to as “LBPH." (1) LBP/LBPH In Housing: Seller has no knowledge of LBP/LBPH in the housing and no available LBP/LEPH records or “reports, except as Indicated: (deserlbe all known LBP/LBPH Information, list all available documents pertaining to - LBP/LBPH and provide documents to Buyer befare accepting Buyer's offer) . -. SS (2) Lead-Based Paint Hazards Inspection: Buyer waives the opportunity to conduct a risk assessment or Inspection for tha presence of LBP/LEPH uiless this box is checked (Q Buyer may, within the Inspection Period, conduct a risk assessment or Inspection for the presence of LAP/LEPH in’ accordance with the provisions of paragraph 8fa) or H. |LBP/LEPH conditions thet are unsatisfactory to Buyer will be treated as “warranted items” for Purposes of paragrapha 8(a)(2) and (3) only). ; . ; : . (3) Certification of Accuracy; Buyer has reasived the pamphlet entited “Proteat Your Family From Lead in Your Home" and all of the information spedtfied in paragraph (1) above, Licensee has notilied Seller of Seller's obligations to provide and disclose infarmation regarding lead-based paini and lead-based paint hazards in the property as requirad by federal law (42 U.S.C, 4862d) and Is aware of his or her obligation to ensure compliance with federal lead-based paint law. Buyer, Sellar and each ticansee has reviewed the iriformation above and certifies, to the best of his or her knowladge, that the Information he or she has provided fs true and accurate, . Data Soller Date Date Soller Dale Date. Listing Licengeo . Dato - {___) L. Insurance: (ahack whichever applies) Q (1) Homeowners Insurance: I/ Buyer fs unable to obtaln basic Homeowner or Fira and Hazard Coverage fram dard-aarrler or the GitiZen’s Property Insurance Corporation at a first year annual pramium not to a sta ‘axceeh or < % of the purchase price and/or flaod insurance through the National Flood Insurance Bar premium not to excesd $ or = %% of tha purchase price by (no later than 5 days prior to Closing Data ifieft blank), Buyer may cancel the Contract by. delivering written notice to the Seller. ef (2) Flood Insurance: Buyer Is notified that tha Property is located in an area that: 0 is a defined floodable area and flood insurance ts required. QO was declared a flood disaster siea after Saptamber 23, 1984 and recelved federal disaster relief assistance on the condition that flood insurance he obtained In accordance with applicable federal law. Buyer Is required to obtain such flocd insurance if the Property Is not so insured as of the date of transfer and will be required to . Maintain flood Insurance in accardance with applicable federal law with respect to the Property, ADMINISTRATIVE COMPLAINT. EXHIBIT #_() pace __.1l oF “zoning for the Property from the appropriate government agency: Zoning The oeupsy below wil be Incorporated Into the Contract between Sfowé weet TeRes & (Seller) and AERCHER BRUCE (Buyer) concerning the Properly described as ets Sh /Y9 ar tars Rip BRUGe only {Altialed by all parties: { jt_y-¢ }{___) T. Rezoning: Buyer will have until + to obtain the following far use of the Property as . Seller will sign all forme yesneneny ency, Buyer will pay all costs associated with tha rezoning application and proceedings. | tained, this Contact will terminate and Buyer's deposit will be cefunded. : ant: Seller agrees that Buyer may assign this Contract to a assignment Wo Seller and Q will Q wil not be released fram the duty to perform this Contract, isclosure Statement: This offer is contingent on Seller complating, signing ant {igclosure statement within 9 days from Effective Date.'I the statement discloses an midterial Information about the Property thay ts unacceptable to Buyer, Buyer may cancel this Contract by written: notice ti Soller within 3 days [rom raceipt of Seller's Investment in Real Property Tax Act CFIRPTA": {fa Sellar is a “foreign person” 8 internal Revenue Code requires Buyer to withhold 10% of the amount realized by th Seiler of @ withheld amount to the Internal Revenue Service (IRS) unless an exemption apples, Th primary exemptions ‘are (1): Seller provides Buyer with an affidavit that Seller.ls not a “foreign parson”, (2) Seller provide Buyer with a Withholding Cartificate providing for reduced or eliminated withholding, or (3) the gross sates price Is $300,000 ¢ fess, Buyer is an Individual who purchases the Property to usa as & residence, and Buyer or a member of Buyer's family he dafinite plans to reside at the Property for at least 50% of the number of days the Property is In use during each of he first tw 42 month perlods after transfer, The IRS requires ‘Buyer and Seller to have a U.S, faderal taxpayer Identification numb ("TIN"), Buyer and Seller agree fo execute and deliver as directed any instrument, affidavit or statement reasonably necessa to comply with FIRPTA requirements including applying for 8 TIN within & days from Eftactive Date and delivering the respective TIN or Socla! Security numbers to the Closing Agent. {f Seller applias for a withholding certificate but the applicatic is sti!) pending as of closing, Buyer will place the 10% tax in escrow at Seller's expanse to be disbursed in accordance wi the final determination of the IAS, provided Seller so requests and gives Buyer notice of the pending application in accordant with Section 1445, If Buyer dogs not pay sufficient cash at closing to meet the wilhholding raquirement, Seller wil deliver Buyer at closing the additional cash necessary to satlsfy. the requirement. Buyer will timely disburse the funds to the IRS at provide Saller wilh caples of the tax forma and receipts. { ) )-¢ x ) %. 1031 Exchange: If elther Seller or Buyer wishes to enter into a fike-kind exchange (sitt simultaneously with closing or after) under'Seotlon 1031 of the Internal Revenue Cade (“Exchange”), tha other party ¢ cooperate in all reasonable raspacts to affectuate the Exchange including executing documents; provided, however, that | cooperating party will Incur no ability or cost related to the Exehenge and that the closing shall not ba contingent up: extended or delayed by the Exchange. C_)t__)-LIL Y- Additional Clauses ADMINISTRATIVE COMPLAINT EXHIBIT #_! pace 12 oF PROPERTY TAX DISGLOSURE BUYERS SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY: TAKES AS THE AMOUNT OF PROPERTY TAKES {THAT THE BUYER MAY | BE OBLIGATED TO, PAY IN THE YEAR SUBSEQUENT TO PURCHASE. ACHANGE OF WNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF ‘HE PROPERTY THAT COULD RESULT IN DIGHER PROPERTY TAXES. Je YOU BAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT ‘THE COUNTY APPRAISER’S OFFICE FOR JNEORMATION. cf 7 . ' Property Addresr: ok - ¥? cf Ades lp, BRFE. on Dy aa Buyes —— Buyers ADMINISTRATIVE COMPLAINT. EXHIBIT #1 Paud 12. uF LAW OFFICES Of LARRY A HARSHMAN, B.A 10661 N Kendall Drive, Suite 118 Miami, FL 33176 Telephone; (305) 279-9848 Focsimite: G03) 279-3238 E-muatlt: larryaharshmen@yahoo.com TITLE INSURANCE _ In residential real estate transactions it is the buyer who chooses the title . agent. It is extremely important that you choose a title agent that will perform title services quickly, correctly and at an affordable price. — The law offices of Larry A Harshman, P.A. are proud to offer you our services as title agent for the ‘purchase of your new home. For your convenience, we maintain competitive rates and a fully bi-lingual, | courteous and knowledgeable staff. All title policies are underwritten by Attorney’s Title Insurance Fund. 4 Yes, I choose the law. offices of Larry A. Harshman, P.A. to act on my behalf as-title agent in this transaction. I authorize Larry A. Harshman, P.A. to immediately begin working toward closing this transaction. _—] No, I do not want the law offices of Larry A, Harshman, P.A. to act on niy behalf as title agent. . ; Gop [AO : ADMINISTRATIVE COMPLAINT. EXHIBIT #_L —_$_-_-_- PAGE ___! OF ____—_—— segue Th bllowang provi 9) art of Ine BpSontet epee 2nd Pyrchmas oF Residential Gala sod Purchase Cantus beoem Zean-' : . ~. (aller and : Bevel ° 7 ea panceming tha Property located at “A/a Se ete ‘ es ae TET 1. Buyer, mm Buyere expense, may have a qualied profranlonal conde an inepechan oF the Propeny for mokd within days frum the Effective Date (“Mold Inepaciion Paria). % Guyer shad be rveponsible lor prampt payment fp 49, In ine event tre thald Inapectign renga td ramever tho mokd,.ot d cost which axe ©. 11 Buyar fail to conduct the Ingpeation permined In ins Parmgmph or having concucting sual inepondann, tants te timaty nalhy the Sellar al Buyeye intent tocancat thls Contrest or? the mold inspaction does pot rowel Sghmcant. progonte ot mold! in the Property which nequitet profeesional nemediaiion to ramave the mot, ta coat winch . in Paragman 3 above, Buyarn may not beMrinale ub Contract pursuant 10 wre Adkianduns. — - aon ie4 : owe iyfae_ ae Dae Buy P. , et Deere, oin__f- F0O-Os - . : : _— Dat: Sayer: — {ig mace swe road Ore Fla AemoetaWan at Resctomely AL NOSE Riserva BYSoLeSraS = te za. snOe/ec/sn ba 3ovd . LabrewoLny ETESZBSbSB 2G:aT ADMINISTRATIVE COMPLAINT. EXHIBIT #1) PA Fo SF _902/pa/9a ia 7 wmyeever Keyes THE ey / REAL a Transaction Brokers ADDENDUM BUYER: ___Brutee Kaercher SUBJECT PROPERTY; 11278 sw 147" CT Miani'Fl. 33198 - ar PURCHASE PRICE: 355,000.00 CONTRACT DATED: 8/4/06 LEGAL DESCRIPTION: "SUNEISH AT THE HAMMOCKS PB 415-21 LOT37 BLK9 The Buyer and Seller agree that the following terms modify, amend and supplement the terms of the above referenced contract Time is af the essence with regard to any of the provisions of this Addendum: AS OF JULY. g™ 2005 ALL PARTIES AGREE TO REMOVE ALL FINANCING CONTINGENCIES FROM THIS CONTRACT. ALSO IS AGREED TO CHANGE THE CLOSING DAY TO JULY 28" 20. IN WITNESS WHEREOF the Seller and Buyer have'signed this Addendum to'contract on the day oF WiNESs BUYER — ANA MARCELA GONZALEZ . BRUCE KAERCHER . BUYER ° SELLER TERRI L STONEWALL SELLER — Realtor Associate -HUMBERTO-SALONIA P A. ADMINISTRATIVE COMPLAINT EXHIBIT toh __\__ oF Keyas Addendum Generic — rev. 7/8/2006 - : PAGE wee [2 FILED MEMORANDUM —— 10M JAN -5 A II: 39 DATE: October 16, 2006 DIVISION OF ° . J ; ADMINISTRATIVE TO: DEPARTMENT OF BUSINESS AND PROFESSIONAL PAG On, DIVISION OF REAL ESTATE, LEGAL SECTION FR: PROBABLE CAUSE, PANEL, FLORIDA REAL ESTATE COMMISSION SUBJECT: Humberto A. Salonia 2006007218 DATE OF PROBABLE CAUSE PANEL MEETING: 10/16/06 ‘MEMBERS OF PANEL AT THIS MEETING: Poul Hornsleth Lou Janney _I HEREBY ACKNOWLEDGE THAT I HAVE REVIEWED THE INVESTIGATIVE FILE IN THE ABOVE REFERENCED CASE AND BY AFFIXING MY. INITIALS HERETO INDICATE MY VOTE. ~ FINDING PROBABLE CAUSE AND THUS TO PROCEED’ WITH ADMINISTRATIVE/INJUNCTIVE: ACTION IN ACCORDANCE WITH THE PROPOSED. ADMINISTRATIVE COMPLAINT/CLOSING ORDER/MEMO. Chairman Member é FILED MEMORANDUM 101 JAN -5 AME 30 hee DATE: October 16, 2006 ALY : ’ HEARINGS TO: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, LEGAL SECTION FR: - PROBABLE CAUSE PANEL, FLORIDA REAL ESTATE COMMISSION SUBJECT: Humberto A. Salonia 2006007218 DATE OF PROBABLE CAUSE PANEL MEETING: 10/16/06 MEMBERS OF PANEL AT THIS MEETING: Poul Hornsleth Lou Janney I HEREBY ACKNOWLEDGE THAT I HAVE REVIEWED THE INVESTIGATIVE FILE IN THE ABOVE REFERENCED CASE AND BY AFFIXING MY. INITIALS HERETO INDICATE MY VOTE. FINDING PROBABLE CAUSE AND THUS TO PROCEED WITH ADMINISTRATIVE/INJUNCTIVE ACTION IN ACCORDANCE WITH THE PROPOSED ADMINISTRATIVE COMPLAINT/CLOSING ORDER/MEMO. Member

Docket for Case No: 07-000071PL