STATE OF FLORIDA AR: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, (_ - ? Petitioner, O | O 4S vs. FDBPR Case N° 2001532593 MARY SUSAN JACOBS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Mary Susan Jacobs (“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 703491 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a sales associate with Continental Properties, Inc., 2240 Palm Beach Lakes Blvd. #400, West Palm Beach, Florida 33409. FDBPR v. Mary Susan Jacobs Case No. 2001532593 Administrative Complaint 4. At all times material, Respondent was employed by Boardwalk Realty from April 2001 to November 27, 2001. 5. On or about August 21, 2001, Alberto and Julia Marentes signed a listing agreement with Boardwalk Realty that expired on or about February 21, 2002. A copy of the listing agreement is attached hereto and incorporated herein as Exhibit 1. 6. On or about August 21, 2001, Alberto and Julia Marentes signed a listing agreement to sell property located at 10760 Acme Road, Wellington Florida, whereas Respondent was the listing agent. 7. At all times material, Respondent changed the expiration date for the listing signed by Alberto and Julia Marentes to on or about November 26, 2001, the day previous to her departure from Boardwalk Realty: 8. At all times material, Alberto and Julia Marentes did not authorize, approve or consent for Respondent to change the expiration date for the listing of property with Boardwalk Realty. 9. On or about June 24, 2001, Karen and Steve Hainline signed a listing agreement with Boardwalk Realty, to expire on January 30, 2002. A copy of the listing agreement is attached hereto and incorporated herein as Exhibit 2. 10. On or about June 24, 2001 Karen and Steve Hainline signed a listing agreement to sell property located at 11949 Acme Rd. Wellington Fl., whereas Respondent was the listing agent. 11. At all times material, Respondent changed the expiration date for the listing signed by FDBPR v. Mary Susan Jacobs Case No. 2001532593 Administrative Complaint Karen and Steve Hainline to on or about November 26, 2001, the day previous to her departure from Boardwalk Realty. A copy of the agreement is attached hereto and incorporated herein as Exhibit 4. 12. At all times material, Karen and Steve Hainline did not authorize, approve or consent for Respondent to change the expiration date for the listing of property with Boardwalk Realty. A copy of correspondence is attached hereto and incorporated herein as Exhibit 5. 13. On or about June 8, 2001, Scott Fernquist signed a listing agreement with Boardwalk Realty, to expire on April 30, 2002. A copy of the listing agreement is attached hereto and incorporated herein as Exhibit 6. 14. On or about June 8, 2001, Scott Fernquist signed a listing agreement to sell property located at 2797 Fawn Drive, Loxahatchee, Fl., whereas Respondent was the listing agent. 15. At all times material, Respondent changed the expiration date for the listing signed by Scott Fernquist to November 30, 2001, the day after her departure from Boardwalk Realty. 16. At all times material, Scott Fernquist did not authorize, approve or consent for - Respondent to change the expiration date for the listing of property with Boardwalk Realty. 17. On or about August 22, 2001, DeeAnn and Cid Rivera signed a listing agreement with Boardwalk Realty, to expired on May 30, 2002. 18. On or about August 22, 2001, DeeAnn and Cid Rivera signed a listing agreement to sell property located at 17578 50" St. N. Lox, Wellington, Fl., whereas Respondent was the listing agent. FDBPR v. Mary Susan Jacobs . Case No. 2001532593 Administrative Complaint 19. At all times material, Respondent changed the expiration date for the listing signed by DeeAnn and Cid Rivera to December 1, 2001, the day after her departure from Boardwalk Realty. 20. At all times material, DeeAnn and Cid Rivera did not authorize, approve or consent for Respondent to change the expiration date for the listing of property with Boardwalk 21. At all times material, Respondent did not receive authorization from Complainant nor any broker associated with Boardwalk Realty to change any of the expiration date of the previous mention listing, signed by Alberto and Julia Marentes, Karen and Steve Hainline, DeeAnn and Cid Rivera with Boardwalk Realty. 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 (as to Marentes listing). 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 (as to Hainline listing). COUNT III 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), FDBPR v. Mary Susan Jacobs Case No. 2001532593 Administrative Complaint Florida Statutes (as to Fernquist listing). COUNT IV 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 (as to Rivera listing). 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 FDBPR v. Mary Susan Jacobs Administrative Complaint Case No. 2001532593 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 75 h ent of Professional Regulation iS Division of Real Estate Riek {Home ee ele AS/k PCP: MV/GS 10/03 O tobe _, 2003. 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 Bidg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX FDBPR v. Mary Susan Jacobs Case No. 2001532593 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. igjoo1 12/03/01 MON 10:00 FAX 561 659 5412 Alberto Marante, M.D. ‘ron YOUR CONVENIENCE, EACH SECTION OF PAGES CAN BE SEPARATED INTACT BY PEELING THEM APART AT THE STUB. ae 3 PRS RES Arai ‘ ig Agreement ("“Agreq . o Cw. Clhtersto * ("Seller") anc ANN , ailahh “QQ ISA, f ("Broker") AUTHORITY TO SELL PROPERTY: Seller givad Broker th EX GAT TO SELL the real and | property (collectively ‘roperty”) described befow, at the price and described below, beginning the at day of d_,and aminating at 11:59 p.m. the Al day of 2- ("Termination Date"). Upon fuléxecution of a contract for sale and urchase of the Property, all rights and obligations of this reement wil automatically extend through the date of the actual closing of the es contract. Seller and Broker acknowledge that this Agreement does not guarantee a sala. This Property will be offered to any person ithout regard to race, color, religion, sex, handicap, familial status, national origin or any other factor protected by federal, state or local law. aler cortifes and represents that he/shevtt is legally entitled to convey the Property and all improvements. DESCRIPTION OF PROPERTY: eet Address: AT Plat SLVTCR.C QO See Attachment f TAAL Lk : ; oe : Q See Attachment _ (c) Occupancy: Property ps Q is not currently occupied by a tenant. If occupied, the Jease erm expires ___ PRICE ANDFERMS: The property is offered for sale on the following terms, or on other terms acceptable to Seller: {a) Price: (b) Financing Terms: ash onventional OQ VA OQ FHA © Other rare We) (b) Personal Property, including appliances: & Seller Financing: Seller will hold a purchase money mortgage in the amount of $. with the following terms: ee Q Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ plus an assumption fee of $. . The mortgage is for a term of years beginning in __, at an interest rate of % Q fixed Q variable (describe) Lender approval of assumption Q Is required O is not required O unknown. Notice to Seller: You may remain liable for an assumed mortgage for a number of years after the Property Is sold. Check with your lender to determine the extent of your liabitity. Seller will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will convey the — escrow deposit to the buyer at closing. (c) Seller Expenses: Seller will pay mortgage discount of other closing costs not to exceed % of the purchase price; and any other expenses Seller agrees to pay in connection with a transaction. BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell the Property until a ‘es contract Is pending on the Property. Seller authorizes Broker to: (a) Advertise the Property as Broker deems advisable in newspapers, publications, computer networks including the Internet and other medla; place appropriate transaction signs on the Property, including “For Sale” signs and "Sold" signs (once Seller signs a sales contract); and use Seiller’s name in connection with marketing or advertising the Property; (b) Obtain information relating 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 the 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) 0 Use a lock box system to show and access the Property. A lock box does not ensure the Property's security; Seller ts advised to secure or remove valuables. Seller agrees that the lock box is for Seller's benefit and releases Broker, persons working Broker and Broker's Igcal Realtor Board / Association from all lablity and responsibility in connection with any loss that occurs: ithhold verbal offers: all offers once Seller accepts a sales contract for the Property. (f} Act as a single agent of Seller with consent to transition to transaction broker. 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. ADMINISTRATIVE COMPLAINT {b) Provide Broker with keys to the Property and make the Property available for Broker peering reagonable times. 9. } oF (c) Inform Broker prior to leasing, mortgaging or otherwise encu ing the Property. EH IOIT # AAG iy YOUR CONVENIENCE, EACH SECTION UF PAGES CAN BE SEFANATLU INEAUL DT PEGLIWG Fria aris mn ree sees } ‘ og % ("Seller’) and / ZA x2 £4 GA A SA ZL : (‘Broker’). 1. AUTHORITY TO SELL PROPERTY: Seller gives Broker the EXCLUSIVE RIGHT TO SELL the real and personal property (collectively "Property") described below, at the price and terms described below, beginning the _21_ day of f/f 2us , , and terminating at 11:59 p.m. the 7, le day of _ Aer te, 7t)/_ ("Termination Date"). Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge that this Agreement does not guarantee a sale. This Property will be offered to any person without regard to race, color, religion, sex, handicap, familial status, national origin or any other factor protected by federal, state or local law. Seller certifies and represents that he/she/t is legally entitled to convey the Property and all improvements. 2. DESCRIPTION OF PROPERTY: J) (a) Real Property Street Address: VA OQ 7? G O IAM Kea Legal Description: O See Attachment (b) Personal Property, including appliances: Q See Attachment (c) Occupancy: Property O is Q is not currently occupied by a tenant. If occupied, the lease term expires 3. PRICE AND T] S: The property is offered for sale on the following terms, or on other terms acceptable to Seller: (a) Price: (b) Financing Terms: Q Cash Q Conventional Q VA QO FHA © Other O Seller Financing: Seller will hold a purchase money mortgage in the amount of $. with the following terms: Q Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ plus an assumption fee of $. . The mortgage is for a term of years beginning in , at an interest rate of % (2 fixed Q variable (describe) Lender approval of assumption is required Q is not required O unknown. Notice to.Seller: You may remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your lender to determine the extent of your liability. Seller will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing. (c) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed % of the purchase price; and any other expenses Seller agrees to pay in connection with a transaction. 4. BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell the Property until a - sales contract is pending on the Property. Seller authorizes Broker to: (a) Advertise the Property as Broker deems advisable in newspapers, publications, computer networks including the Internet and other media; place appropriate transaction signs on the Property, including “For Sale” signs and “Sold” signs (once Seller signs a sales contract); and use Seller’s name in connection with marketing or advertising the Property; (b) Obtain information relating 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 the 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) G Use a lock box system fo 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 al liability and responsibility in connection with any loss that occurs. Q Withhold verbal offers. Q Withhold all offers once Seller accepts a sales contract for the Property. (f) Act as a single agent of Seller with consent to transition to 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... - (6) Provide Broker with keys to the Property and make the Property available for BroklllidRd Ging rebisondbte HAGE, (c) Inform Broker prior to leasing, mortgaging or otherwise gacumbering the Prope HIBIT #. i 3 3 i r In ney's « (d) Indemnify Broker and hold Broker harmless from sep ce cost S of ayy nature, ane luding attorney YH Tae ae 5 rnc me Raw RIAN INN Finricta Acenciationn of REAtToR: Lene 7. Skill, care, and diligence in the transaction; 8. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and 9. Disclosing all known facts that materially‘affect.the value of residential real property and are not readily observable. : ? Signature . S,, 7 “ . IMPORTANT.NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. ra ~ a ~S You should not assume that any real estate broker or salesperson represents yu unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single‘agent or as a transactidn broker. You are advised not to disclose any information you want to be held in confidence until 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 broker, . 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 skill, 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; 5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee 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 listed price, that the buyer will pay a price greater than the price submitted in a written 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 additional duties that 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 licensee. 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 an to represént one party to the detriment of the other party when acting as a fe { % transaction broker to both parties. yf fe F , : ae x PE CULE ALEC Signature / el Signature for we CONSENT TO TRANSITION TO TRANSACTION BROKER 4 f AEC] Date f FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT RELATIONSHIR TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER FOR THE LICENSEE TO ASSIST BOTH PARTIES INA REAL ESTATE TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT. ra _ | agree that my agent may assume the role and cutest a transadtion broker. (must beninhinesqrsigneg: COMPLAINT / _ EXHIBIT # Date Signatlra a ae 9. CONDITIONAL TERMINATION: At Seller’s request, Broker may agree to tonditionally terminate this Agreement. If Broker agrees to conditional termination, Seller rye sign a withdrawal agreement, reirburse 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 Y termination and Seller will pay the fee stated in paragraph/6(a) less the ea iNSeller transfers or contracts to transfer t Property or any interest in the Property « during the time pei fe atl pedo i ch termination to Termination Date and fees, and from 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 wag 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 1445). (f) Make all 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: < Shes oa Seller will immediately inform Broker of any material facts that arise after signing this Agreement. (g) Consult 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) bo % of the total purchase price OR $ ,,no later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker's fee being earned. : (b) ($ or %) of the consideration paid for an option, at the time an option is created. If the option is exercised, Seller will 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 date Seller enters into a lease or agreement to lease, whichever is 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. cara) . (e) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive _"“~" _% of all deposits that Seller retains as liquidated damages for a buyer's default in a transaction, not to exceed the paragraph 6(a) fee. 7. COOPERATION WITH OTHER BROKERS: Broker's office policy is to cooperate with ail other brokers except when not in Q None of the above (if this box is checked, the Property cannot be placed in the MLS): . @.Subagents (if. Broker is acting as a single agent). . / \ fs Me : 8. BROKERAGE RELATIONSHIP: ( hia the é fo IMPORTANT NOTICE Fn ee ne Ts FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS. notice to 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 until you make a decision on representation. SINGLE AGENT NOTICE x Le FLORIDA LAW REQUIRES THAT REAL ESTATE LIGENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES. Ms As a single agent, as and its associates owe to you the following duties: a 1. Dealing honestly and fairly; vv 2. Loyalty; Y 3. Confidentiality; 4 4. Obedience; ca 5. Full disclosure; 6. Accounting for all funds; Lf BYH 1B (v BASE “— ; oo oe earn, Pe a 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-Arbitration Association or other mediator agreed upon by the parties. If litigation arises ot of this Agreemeni, the prevailing party will be entitled to recover reasonable attorney's fees and costs, unless the parties agree that disputes will 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 settled by neutral binding arbitration in the county in which the Property is located in accordance with the rules of the American Arbitration Association or othe 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 attorney's fees, and will equally split the arbitrators' fees and administrative fees 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 Agreement 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, tenants, exchangors. optionees and other categories of potential or actual transferees. 12. ADDITIONAL TERMS: 7 ; J es et, é DET Jt Oo beg etd fo aon aa <4 in rane wa Z ee uv a a . ’ . . — a cae 4 wee ‘f Ag LO ttedd of 2 FUG Con fF Col POR AE a +e A Af ECD tid Jb ty ¢ a4 ¢ Te € 7 -_ N. La, ff , Cp. Seller: Vt _AALA YCLA A AY Tax ID No: _- _- _ ? _ Telephone #’s: Home Lol paeeue Work an Cell Fax: Address: _\2-“| Pas le @. Mormons oen Soh E-mail: Date: Seller: Tax ID No: __ - = Telephone #’s: Home. Work. Cell 4 Fax: . , . Address: _} we ‘ E-mail: Ot i ey . Date: 3 | zi ( : ' authorized Listing Associate or Broker: du Pci wen — Brokerage Firm Name: : one: 9 awn TS eet ve COMPLAINT l Address: ee ttt The copyright laws of the United States (17 U.S. Code) forbid the unauthori: ene of this “24 SH IT wear. OTA Ae A ; Gan ratiirnad ta Gallary an tha a Exclusive “ight of Sale Listing Agreement FLORIDA ASSOL__.ON OF REALTORS® This Exclusive Right of Sale Listing Agreement ("Agree it") i COR : oz “a ¢ tia Ui * t 1. AUTHORITY TO SELL PROPERTY: Seller gives Broker the EXCLUSIVE RIGHT TO SEAL ti | property (Collectively “Property’) described below, at the price and terms described below, beginning the23__ day of 4 Zia ~ep and terminating at 11:59 p.m. the_Z&_ day of AAR Zea) f ("Termination Date’). U| ll execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will automatically extend through the date of the actual closing of the _ Sales contract. Seller and Broker acknowledge that this Agreement does not guarantee a sale. This Property will be offered to any person without regard to race, color, religion, sex, handicap, familial status, national origin or any other factor protected by federal, state or local law. Seller certifies and represents that he/she/it is legally entitled to convey the Property and all improvements. 2. DESCRIPTION OF PROPERTY: , (a) Real Property Street Address: [i if G CF A CHAAQ Ach! Wwe C, fn, Legal Description: ("Seller") and —7 ("Broker"). QO See Attachment (b) Personal Property, including appliances: See Attachment (c) Occupancy: Property O is Q is not currently occupied by a tenant. If occupied, the lease term expires 3. PRICE AND TERMS: The property is offered for sale on the following terms, or on other terms acceptable to Seller: (a) Price: (b) Financing Terms: G Cash 0 Conventional G VA O FHA Q Other Q Seller Financing: Seller will hold a purchase money mortgage in the amount of $ with the following terms: Q Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ . plus an assumption fee of $. . The mortgage is for a term of years beginning in at an interest rate of % i fixed O variable (describe) Lender approval of assumption 0 is required 0 is not required G unknown. Notice to Seller: You may remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your lender to determine the extent of your liability. Seller will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing. (c) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed % of the purchase price; and any other expenses Seller agrees to pay in connection with a transaction. 4. BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell the Property until a sales contract is pending on the Property. Seller authorizes Broker to: {a) Advertise the Property as Broker deems advisable in newspapers, publications, computer networks including the Internet and other media; place appropriate transaction signs on the Property, including “For Sale” signs and "Sold" signs (once Seller signs a sales contract); and use Seller’s name in connection with marketing or advertising the Property; _ (b) Obtain information relating 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 the 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) 0 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. Q Withhold verbal offers. Q Withhold all offers once Seller accepts a sales contract for the Property. (f) Act as a single agent of Seller with consent to transition to transaction broker. . 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.ip Ney duringveasonabeiMasl (c) Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) Indemnify Broker and hold Broker harmless from losses, damages, costs and exBee BET ai wh attorney's an ERS-9tn Rev. 5/00 ©2000 Florida Association of REALTOR: All Rights Ri E ) OF — Rae 9 BRUIT #4.2 fees, and fror a liability to any person, that Broker incurs because of (1) Setler’s negligence, representations, misrepresenu actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a coun. 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 pérform: any act reasonably necessary té comply with FIRPTA (Internal Revenue Code Section 1445). (f) Make all legally required disclosures, including all-facts that materially affect the Property's value and are not readily observable or known by. ‘the puyer. Seller represents there aré no material facts (building code violations, pending code citations, unobservable defects, etc.) other than the following: 4h Lee 4 = ‘ material facts that arise after signing this Agreement. séllér will immediately inform: Broker of % ‘ed legal, tax, property condition, environmental, foreign reporting requirements and (g) Consult appropriate professionals for'r 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): i og (a) (2 %of the-total purchase pric cS OR $2 us sales contract, However, closing i is not a preréquisite for Broker’s fee being earned. i later than the date of closing specified in the (b) ($ or:%) of the consideration paid for an option, at the time an option is created. If the option is exercised, Seller will pay Broker the paragraph 6(a) fee, less the amount Broker received under this subparagraph. (c) 2 ($ or %) of gross, jease value: aS a leasing fee)" on:the date Séller’ énters: into’ a leasé-or 6F agipetriget t6leasé,, whichevertS soonest. This fee ‘ig Not due iif the-Property is or. “becomes: “the Subject! ‘of a ééntiact Granting an’ exéiasiv > tig 4 ighitie. lease the Property. Pa (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, Seller or any other persor’, (2)4f df Seller fuses or fails to sign an offer at the price and terms stated in this Agreement, defaults on an executed sales contract or ag with a liver to cancel an executed sales contract. (3) If, within days after Termination Date ("Protection Period"), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom Seller, Broker or any real estate licensee communicated regarding the Property prior to Termination Date. However, no fee wil be due Broker if the Property is relisted after Termination Date and sold through another broker. : PAGE 2 OF ae ERS-9tn Rev. 5/00 ©2000 Florida Association of sur iy Gui Reserved Page Fe) 4 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 Arbitration 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 will 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 settled by neutral binding arbitration in the county in which the Property is located in accordance with 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 attorney's fees, and will equally split the arbitrators’ fees and administrative fees 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 Agreement 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, tenants, exchangors, optionees and other categories of potential or actual transferees. 12. ADDITIONAL TERMS: Date: 6:25. Of soon AZZ ZILA Tax ID No. ’ Telephone #'s: Home 79 TIT | Work. ng rE o2(? Y Gell Fax: Address: __/ ie — E-mail: “7d é ° Date: _fo- 23-0; Seller: SE. Tax ID.No: 2 iv ’ ‘ o Telephone #'s: Home_. WNorkg ef Cell Fax: f _ Address: a i E-mail: Date: : Authorized Listing Associate or Broker: ADMINIS TRATIVE SR OMPLAINT Brokerage Firm Name: EXHIBIT # 2° — Address; 0 ge Bg The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. 7. Skill, caréy and diligence in the transaction; 8. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and 9. Disclosing all known facts that materially affect the value of residential real property and are not readily observable. a é Date Signature IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. VA _ rf You should not assume that any real estate broker or salespérson 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 until you make a decision on representation. a : ; 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 broker, i and its ; associates, provides to you a limited form of representation that includes the following duties: ° ~ 1. Dealing honesily and fairly; oa 2. Accounting for all funds; 3. Using skill, care,.and diligence in the transaction; 4. Disclosing all’ kriown facts that materially affect the value of residential real property and are not readily observable to the buyer; 5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee 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 listed price, that the buyer will pay a price greater than the price submitted in a written 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 additional duties that 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 licensee. This aspect of limited representation allows a licensee to facilitate areal estate transaction by assisting both the buyer and the seller, but a licensee will not work to re nt one party to the detriment of trie other party when acting as a transaction broker to both parties. elon boop LL Vato . Date | \.“” Signature, Signature y CONSENT TO TRANSITION TO TRANSACTION BROKER FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER OR SELLER AS A SINGLE AGENT TO ~ CHANGE FROM A SINGLE AGENT RELATIONSHIP TO A. TRANSACTION BROKERAGE RELATIONSHIP IN ORDER FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE TRANSACTION BY PROVIDING A LIMITED FORM OF ~ REPRESENTATION TO BOTH THE BUYER AND THE SELLER, THIS CHANGE IN RELATIONSHIP CANNOT OCCUR . WITHOUT YOUR PRIOR WRITTEN CONSENT. | agree that my agent may assume the role and duties of a vss broker. (must be initialed or signed) ao , Da! Ln nan Date — Signature 4 4 Signature 9. CONDITIONAL TERMINATION: At Seffer’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) less the cancellation fee if Seller transfers or SiclW Aine transfer the Property or any interest in the Property during the time period from the date of conical fehinihation:-tcemhinati ate and . Protection Period, if applicable. EXHIBIT ifs ERS-9tn Rev. 5/00 ©2000 Florida Association of REALTORS® All Rigg eS oF aang RKHIT ___GRAM_CORPORATION _. PAGE 61: 2 12/62/2081 23:41 24824811508 This Exclusive Right of Sale BuO Agreement (Agr y, fe betwpan NOSE ‘= v.04 YF) 7 Lnicbutslh Koolik, hr, 0 Brober 8 Ec US ia BH fhe bag the of ra Se conparative amelie tJ i OUse @ lock bax system to rd accom ta pe ow ihe A Creck scotoatie) we ferent eer ae ane te Property's scary ADIMINIO DA ibe Cuil 4 _ ERMERBOL 196 _ - . __ oF (exiaro Tv ag ay L 12/83/2081 28:28 24824811508 GRAM CORPORATION PAGE @1 11949 Acme Rd. ” Wellington, Fl. * 33414 From the desk of Pr S61-786-7e86 * Px. 240-248-4180 _ Stephen A. Hainiine December 3, 2001 Mr. & Mrs. Robert Johnson Boardwalk Reaity 12794 W. Forest Hill Blvd. Wellington, Fl. 33414 Re: 11949 Acme Rd. - Wellington, Fl. 33414 Dear Mr, & Mrs. Johnson: Since there seems to be a question as to the date of the expiration of the fisting on my property, | felt it necessary to forward this letter. This letter will notify you that as of this date | would like to cancel my listing with you and your organization for the property stated above. This cancellation in no way means that the December 1” expiration of our agreement is not valid, it simply insures that the end resutl is the same. | thank you for your work with us on our property and hopé you will feel insured that if you have a future interest in our property, you would be treated fairly and surely compensated. Sincerely, 4 ADMINISTRATIVE COMPLAINT EXHIBIT # , PAGE OF RKuiBIT # 9:2) 3 Ho! ;Sale/Listing Agreement ALTC pis . a ae . é 2 This Exclusive Right of Sale Listin Agreemen| “Agreement") is between Of Peeaigist a ("Broker’), } AUTHORITY TO SELL PROPERTY: Seller hres Broker tho EXCLUSIVE RIGHT TO SELL tho renjand personal property (collectively " , ining the _ $_ day of AL, Z00, and terminating at 11:59 p.m. the lay of Dpkned= 807 VV" ’ heey, Upon full execution of a cbntract for sale and (‘Seller’) and Seller certifies and represents that he/she/t is legally entitled to convey the Property and all improvements, 2. DESCRIPTION OF PROPERTY: : _ Y (a) Real Property Street Address: 2 7 q 7 Fu GHA Dtrrre Ke q he th ce Legal Description: Te. Ro ws COF & of . 1 See Attachment | —— (b) Personal Property, including appliances: Lith Petes te fas pte afy hate. Whey en Fa 2” QO See Attachment (c) Occupancy: Property O is Q is not Currently occupied by a tenant. If occupied, the lease term expires 3. PRICE AND TERMS: The property is offered for sale on the following terms, or on other terms acceptable to Seller: (a) Price: (b) Financing Terms: ash GL@6nventional O VA @ FHA Q Other Q Seller Financing: Seller will hold a purchase money mortgage in the amount of $ with the following terms: Q Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ ____ plus an assumption fee of $ . The mortgage is for a term of years beginning in vat an interest rate of % 1 fixed 2 variable (describe) : Lender approval of assumption Q is required Q is not required [1 unknown. Nolice to Seller: You may remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your lender to determine the extent of your liability, Seiler will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will convey the escrow deposit to the.buyer at Closing. (c) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed % of the purchase ales contract is Pending. on the operly. Seller authorizes Broker to: (a) Advertise the Property as Broker deems advisable in Newspapers, publications, computer networks including the Internet and other media; place appropriate transaction signs on the Property, including “For Sale” signs and "Sold" signs (once Seller signs a sales contract); and use Seller’s name in connection with marketing or advertising the Property; (c) Place the Property in a multiple listing service(s) (MLS). Seller authorizes Broker to report to the MLS/Association of Realtors® this listing information and price, terms and financing information on any resulling sale. Seller authorizes Broker, the MLS and/or Norking 1 Pough Broker and Broker's local Realtor Board / Association from all liability and responsibility in connection with any loss that ecurs. hhold verbal offers. thold all offers once Seller accepts a sales contract for the Property. f) Act as a single agent of Seller with consent to transition to transaction broker. 9) Provide Broker with keys to the Property and make the Property available for BAR (RSH ove Sang regenePledlinds, 3) Inform Broker prior to leasing, mortgaging or otherwise encumbering the Propetly 4) Indemnify Broker and hold Broker harmless from losses, damages, costs and Eshenee blot i ner 3-91n Rev. 5/00 ©2000 Florida Association of Reatrons® All Rights Reseread \ OF ___ Page 1 of. es (Eeaveir 29 N us, \ fees, and from 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 1445). (f) Make all 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: NMA _A— Seller will immediately inform Broker of any material facts that arise after signing this Agreement. (g) Consult appropriate professionals for re other specialized advice. Seller will pay Broker as follows (plus applicable sales tax): (a) ie % of the total purchase price OR $ . no later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker's fee being earned. (b) ($ or %) of the consideration paid for an option, at the time an option is created. If the Option is exercised, Seller will 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 date.Seller enters into a lease or agreement to lease, whichever is 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, Seller 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 vio days after Termination Date ("Protection Period"), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with 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. Lo (e) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive ¢ ( 2 % of all deposits that Seller ~ retains as liquidated damages for a buyer's default in a transaction, not to exceed the paragraph 6(a) 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: 2 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 O Transaction brokers. © None of the above (if this box is checked, the Property cannot be placed in the MLS). © Subagents (if Broker is acting as a single agent). 8. BROKERAGE RELATIONSHIP: IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO 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 until you make a decision on representation. SINGLE AGENT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES. As a single agent, associates owe to you the following duties: 1. Dealing honestly and fairly; 2. Loyalty; 3. Confidentiality; 4. Obedience; 5. Full disclosure; 6. Accounting for all funds; and its ADMINISTRATIVE COMPLAINT EXHIBIT #_} GE 2 OF G ERS-9tn Rev. 5/00 ©2000 Florida Association of REALTORS® All Rights Reserved Page 20 Exuiwir #413) Yb fees, and from 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 nécessary to'coniply with’ FIRPTA (Internal Revenue Code Section 1445). (f) Make all legally required disclosures, inctuding all facts that materially affect the Property's value and are not readily observable ér known by the buyer. Seller répresents there are no material facts (building code violations, pending code citations unobservable defects, etc.) other than the following: of) a ee ; _—. - > Te Seller will immediately infatth’ Broker of any mBterial facls thal arise after Signing this Agreement. (g) Consult 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. : (a) % Of the total purchd8e price OR $e ta , No later than’the date of‘closing specified in the sales contract. However, closing is not a prerequisite for Broker’s fee being earned. : (b) ($ or %)"of the donsideration’paid for art Option, at the time an Option is created. If the option is exercised, Seller will pay Broker the paragraph 6(a) fee, less the amount Broker received under this subparagraph. ao. (c) ($ or %) of gross lease value a8 A ledsitig' fee} on the ddte ‘Sellér eniets into’a leasé or agreement to lease, - whichéver is sooriest. This fee is not due if the:Pr6perty is or bédorhes-thie slibjett df 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, Seller 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 / 70) days after Termination Date ("Protection Period”), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with 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 Vt? % ofall deposits that Seller retains as liquidated damages for a buyer's default in a transaction, not to exceed the paragraph 6(a) 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: G Buyer's agents, who represent the interest of the buyer and not the interest o Seller in a transaction, even if compensated by Seller or Broker. ( Nonrepresentatives O Transaction brokers. Q None of the above (if this box is checked, the Property cannot be placed in the MLS). 0 Subagents (if Broker is acting as a single agent). 8. BROKERAGE RELATIONSHIP: IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO 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 until you make a decision on representation. SINGLE AGENT NOTICE FLORIDA LAW REQUIRES. THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES. . As a single agent, ct! : a and its associates Owe to you the following-diuties: me 1. Dealing honestly and fairly; : oe 2. Loyalty; oo VE COMPLAINT. 3. Confidentiality; s, ADMINISTRAT! 4. Obedience; =. EXHIBIT #. 5. Full disclosure; PAGE OF _____ 6. Accounting for all funds; ERS-9tn Rev. 5/00 ©2000 Florida Association of REatTons® All Rights Reserved ’ Page 2 of 4 EMH 1B IT #9.3) 7. Skill, care, and diligence in the transaction; 8. Presenting all offers and counteroffers in a timely manner, unless a pi 9. Disclosing all known facts that materially affect {he.yalue of residerifial reat properly and are not readily observable. has previously directed the licensee otherwise in writing; and Date Signature 7 IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO 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 until 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 ITED FOF R ENTATION. As a transaction broker, a L 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 skill, 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; 5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; 6. Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will and its transaction broker to both parties. . Date Signature Signature CONSENT TO TRANSITION TO TRANSACTION BROKER FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO BOTH THE BUYER AND THE SELLER, THIS CHANGE IN RELATIONSHIP CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT. | agree that my agent may assume the roke and duties of a transaction broker. (must be initialed or signed) Date Signature Signature pl termination and Seller will pay the fee stated-4h paragraph 6(a) less the canc ion fee if Seller transfers or contracts to transfer the bial Sehmindtloretdaea MAb Nate and Protection Period, if applicable. ao EXHI x. BIT eT ERS-9tn Rev. 5/00 ©2000 Florida Association of Reattors® Alt Righty Reser ed OF Page 3 *y ky He 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 Arbitration Association or other mediator agreed upon by the parties. If litigation arises o of this Agreement, the prevailing party will be entitled to recover reasonable attorney's fees and costs, unless the parties agree thal disputes will 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 settled by neutral binding arbitration in the county in which the Property is located in accordance with the rules of the American Arbitration Association or oth arbitrator agreed upon by the parties. Eaéh party to any arbitration or litigation (including appeals and interpleaders) will pay its owr fees, costs and expenses, including attorney's fees, and will equally split the arbitrators’ fees and administrative fees 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 Agreement 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, tenants, exchangors, optionees and other categories of potential or actual transferees. 12. ADDITIONAL TERMS: HO Us Sd 7 Date: 6 4-0 seller Oy" Tax ID No: 3 % C - 6 O- Blo \ Telephone #'’s: Home_ “40 [7 Ta Work. Cell Fax: _ Address: E-mail: Date: Seller: Tax ID No: —_- - Telephone #’s: Home Work Cell. Fax: Address: E-mail: Date: Authorized Listing Associate or Broker: upturn ————— ADMINISTRATIVE COM! Brokerage Firm Name: E Telephone: Address: PAGE > OF The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. ERS-9tn Rev. 5/00 ©2000 Florida Association of Reavfors® All Rights Reserved Page “e7 SYubir #93

Docket for Case No: 07-000859PL

Issue Date	Proceedings
Mar. 01, 2007	Order Closing File. CASE CLOSED.
Mar. 01, 2007	Motion to Relinquish Jurisdiction filed.
Feb. 16, 2007	Administrative Complaint filed.
Feb. 16, 2007	Answer to Administrative Complaint filed.
Feb. 16, 2007	Agency referral filed.
Feb. 16, 2007	Initial Order.