0-45 TPL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2007022127 FRANCES GAIL GEE, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Frances Gail Gee (“Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto.a licensed Florida real estate broker, issued license number 380589 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker with Tradewinds of Mandalay, Inc., 3824 North Stirrup Drive, Beverly Hills, Florida 34465. 4. Respondent knew or should have known that Cara Cacioppo AKA Shafer, is not now, nor FDBPR v. Frances Gail Gee Case No. 2007022127 Administrative Complaint was at any time material herein, a registered licensed real estate sales associate or broker in the state of Florida. 5. Respondent employed Cara Cacioppo AKA Shafer. 6. At all times material, Respondent knew or should have known that Cara Cacioppo AKA Shafer represented to Brandon Cox and Amber Dombrowski being a real estate agent licensed with Trade Winds Realty. A copy of correspondence is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 7. Respondent knew or should have known that Cara Cacioppo AKA Shafer represented to Amber Dombrowski, Brandon Cox and Dale Ernsberger that real properties were available for sale in Bimini Bay, Crystal Lake, Florida. 8. Respondent knew or should have known that Cara Cacioppo AKA Shafer showed real properties to Brandon Cox and Amber Dombrowski. 9. Respondent knew or should have known that Brandon Cox and Dale Emsberger were owners of Orion Properties and Sales Inc. 10. On or about April 14, 2006, Respondent knew or should have known that Cara Cacioppo AKA Shafer represented Brandon Cox and Dale Emsberger, owners of Orion Properties and Sales Inc. (Buyers), in the purchase of property known as Lot 10 Gardner Drive, Crystal Lake, Florida 34429 (Subject Property). A copy of a settlement statement is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 11. Respondent knew or should have known that on or about April 14, 2006, Respondent and Trade Winds Realty were paid a commission of $9,000.00 for the sale of the Subject Property to Orion Properties and Sales Inc. " 12. Respondent and Cara Cacioppo AKA Shafer were compensated directly or indirectly by Trade Winds Realty for the sale of the Subject Property. FDBPR v. Frances Gail Gee - Case No. 2007022127 Administrative Complaint 13. At all times material, Respondent knew or should have known that Cara Cacioppo AKA Shafer showed maps of land lots and proposed sites for building structures; and discussed prices for said lots as well as deposits required for purchasing said properties with Shailesh Patel (Buyer 2). A copy of correspondence is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 14. At all times material, Respondent knew or should have known that Cara Cacioppo AKA Shafer had no proprietary interest in the real property sold to Orion Properties and Sales Inc. 15. Respondent knew or should have known that Cara Cacioppo AKA Shafer had no property interest in the properties for sale discussed with Shailesh Patel (Buyer 2). 16. Respondent knew or should have known that Cara Cacioppo AKA Shafer was, at all times material, bringing together Buyers and Sellers, with the intention that Respondent and Cara Cacioppo AKA Shafer would receive compensation or valuable consideration, directly or indirectly, paid or promised, expressly or implied, for the transaction. COUNT I Based upon the foregoing, Respondent is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455, 475 or the rules of the Petitioner in violation of Section 455.227(1)(), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of having employed any person as a sales associate who is not the holder of a valid and current license as sales associate in violation of Section 475.42(1)(c), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as FDBPR v. Frances Gail Gee Case No. 2007022127 Administrative Complaint 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 $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee 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. FDBPR v. Frances Gail Gee Case No. 2007022127 Administrative Complaint SIGNED this QQ\\ day of , 2007. z Department of Business and ay Professional Regulation Thomas O’Bryant, Jr. Director, Division of Real Estate ATTORNEY FOR PETITIONER — Robert Minarcin Senior Attorney Florida Bar N° 163147 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 Ik PCP: JDR/JR 9/07 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 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 FDBPR v. Frances Gail Gee Case No. 2007022127 Administrative Complaint 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. ~ "Ohi £00 LU! Brandon W, Cox _ 1223 37" Ave. SW VERO BEACH, FL 32960* (772) 859.4938* FAX: (772) 7710-2216 Re: Kara Cacioppo To whom it may concert, ; In early 2006 My flancé,: Amber Dombrowski, and I Brandon Cox walked into Tradewinds Reality offics to inquire about purchasing some property in the Ozello area in Crvgtal River, I did a lot of research of the arca liked it, and decided to take my findi.gs to my partner Dale Ernsberger. Consequently, my partner, Dale did end up buying property in the area. Unfortunately, we came to find out that our Real Estate Agent Kara Cacioppo was not licensed, and mislead us by presenting herself as 2 licensed realtor while selling us two lots in Bimini Bay Subdivision. After the two lots were purchased we were under the impression Kara collected ber commission at the closing. We are now finding out that these lots, and all other ones in this subdivision are Unbuildable duc to the builder. Bimini Bay was a pre-construction subdivision, and baged on Kara’s advice seemed to be a great jnvestment! I looked at many other pieces of in Crystal River that Kara drove me to and showed me with intent that we may buy it. She went as far as to bragging about her real estate experiences. ; Based on Kara’s inexperience aud lack of real estate knowledge, dus to being unlicensed, we-are now stuck with two lots totaling more that $350,000.00, Please help us bring this person to justice. ou Coen ae Brandon Cox oD Ty EXHIBIT__/ PAGE__/O ADMINISTRATIVE CO MPLAINT. An Woo"\seogain; e; 4 — ~~ Be00-e95-2ce ey" LLbSB2rve 1 Yon stig ELLr-Z0E-zg¢ yan WAL C1820 18M Ploy ‘ 4LEL-SBL-Z5E sUOYg 49424§ Bleg ADMINISTRATIVE COMPLAINT. pysupit ee Uimen Geverupiiene OMB No. 2502-0265 Type of Loan J FHA 2.0 FmHA = 3.Q Conv. Unins. 05-0030 VA 5.0 Conv. ins. 6. File Number 7. Loan Number 8. Mortgage Insurance Case Number Note: This form is furnished to give you a statement of actu: marked "(p.c.c.)" were paid outside the ciosing; they are shown here for information Purposes and are nol included in the totals. al settlement costs. Amounts paid (o and by the settlement agent are shown. items Name and Address of Borrower drian Property and Sales, inc. Oxell 1514 Oleander Bivd. 2314 *t. Pierce, Florida 34982 Ruski £. Name and Address of Seller F, Name and Address of Lender lo Holdings, LLC 7th St. S.W. in, Florida 33570 > roperty Location H. Settlement Agent ot 13, Gardner's Drive E. BLAKE MELHUISH, P.A. srystat River, Florida 34429 ot 13, Bimini Bay Place of Settlement 1. Settlement Date 522 Tweifth Street West Bradenton, FL 34208 oan diog DD: 04/14/06 J. SUMMARY OF BORROWER'S TRANSACTION: K, SUMMARY OF SELLER'S TRANSACTION: GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT. DUE TO SELLER Contract saies price 180,000.00 | 401. Contract saies price 180,000.00 Personal property 402. Personal property Settlement charges to borrower (line 1400) 768.50 | 403. 404. 405. Adjustments for items paid by selier in advance Adjustments for items paid by seller in advance City/town taxes to 406. City/town taxes to ‘County taxes to 407. County taxes to Assessments to : 408. Assessments. to 409. 410. “ait. 412, GROSS AMOUNT DUE FROM BORROWER 180,768.50 | 420. GROSS AMOUNT DUE TO SELLER 180,000.00 AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT TO SELLER Deposit or eamest money 18,000.00 | 501. Excess Deposit (see instructions) Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 20,797.00 Existing loan(s) taken subject to 503, Existing loans taken subject to _| 504. Payoff of first mortgage loan 453,000.00 Bay Cities Bank 505, Payoff of second mortgage loan Credit for Boardwalk 2,789.60 | 506. Credit for Boardwalk 2,789. al 507. 508. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller ityAowa taxes to 510. Gity/town taxes to ounty taxes 01/01 to 04/14 9.86 | 511. County taxes 01101 to 04/14 9.88 Assessments to 512. Assessments to 513. S14. 515. 516. 517. 518. 519. ‘OTAL PAID BY / FOR BORROWER 20,799.48 | 520. TOTAL REDUCTION AMOUNT DUE SELLER 176,596.48 ‘ASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 3ross amount due from borrower {line 120) 180,768.50 | 601. Gross amount due fo seller (line 420) 180,060.00. @88 amounts paid byffor borrower (line 220) 20,799.48 | 602. Less reduction amount due to seller (line 520) 176,596.48 sASH FROM BORROWER 159,969.02 | 603. CASH To SELLER 3,403.52 UTE FORM 1098 SELLER STATEMENT: The information contained herein is important tax information and is being furnished to the intemal Revenue Service. you are required to flea retum, a negligence {her sanciton wil be imposed on you I this Rem is required to be reporiad and the IRS dolarmines thal i has not been reporied. The Coniracl Seles Price descr fed on Live a! ateve consttunen we voeeds of this transaction. NSTRUCTIONS: To detornine i! you have fo report the sale or exchange of your primary residence on your tax retum, see the Schedule D (Form 1040) instructions. f the real estate was not your primary . compete the appfcable parts of Form 4797, Form 6252, and for Schedule ienpased dy lew. Under penalties of perjury, | cerfly that the number strown, D (Form 1040), Orelio Holdings, LUC Ferree ee eet the selllemvert agent with your correct taxpayer identification nutes. f you do nal provide your correct taxpayer identication number, you may be subject to chil or erat one stern setae pene. 0 0 (a Johf Holdsworth, Managing Member RESPA, HB 4305.2 - REV. HUD1 (3/86) EXHIBIT, / { ADMINISTRATIVE compLanPAGE—1! TOVAL SAL ESDROKER'S COMMTESION booed on peat THOM tod0e «TEGO PRinee ar | punge a SETTUEVENT SETTLEMENT NT LiSETTLAMENT Changes: > aa ~ . ‘Tea Fron ap Flow i Division of commission (lint 7001 as followa: |_Divaian of con ro, § 9,000.00 to _ReNisx Healy Ono -GR 702. § 4,560.00 i Trade Winds Rowty i Seltlement [705. Commigsion pi Tos. _ nnn i 60C._NVENTS PAYABLE IN CONNECTION WITH Loan __ ___ 20.8. 1 AOS. Grolesr Loe Fee 22. Loar Discount % : ~ 003, Agpraleal Fee 8 : O64. Credit Report te _ 808. Landare Inepactian Foo to BOR. Mig. ins. Appligglon Foe oe 1 ITAMS REQUIRED BY LENDER TO SE PAID IN ADVANCE | St. imerest ram $02. Mortgaps ineteance Prem 963. Haew Ineuronas Promiurn Eve : ats. 7000. RESERVES DEPOSITED With LENDER ron, _— 4001. Heears insitance a 403 __Sorgage Ine unane fhe OF | 1003. Cty prasany tavae me 1094,_County property texas mo Aas mo. OS 7 170. Troe. ___ | riCaunty Prop, Tmans, Marigans ina & Annunl Assessmerds . 1100, TITLE CHARGES __. 7 oa . 4105, Soitiorent or clvsing fae to_ 6, Binge Methutsh, TA Lo. { 1284, Abslract o MMe search $0. Atlornaye’ Title theweanes Flind, Ing. a {ia Tis examination AoE Dinko manuisn, PAL . . Weuerires tinder fe _. Document preasrsiion ~ ME Bite Metis PA a 7 aT TT te Fine Methadate, Poa, 1112. Fee for locus of 1005 — ‘Atomeys’ THe Ieurance Find, Ing, 4443, Courter, Pham. Copies, sis. .. . &. Blake bielmuinh, PA. i 96.00 1200, GOVERNMENT REGORDING ANU TRANSFER CHARGES 1201, Recording aoc Does 10:50; Monpegré jRofowses § | 18.50, i Morigaye § fo Neiure Goevt Lond Surveylag. inc. to Vacant a, ee ipa ant tiled, te 8 oe ered eccarmiar del rewntyte erul rnd wre coy arma Ay set bn tk Ot Barltenenl Bislemnert Hohdewentt, Manening Menor mt al Ne weneemton, (nae eed ape pg pecs sree extn eda, Feuer PA ARC: Ku rere fo cramer ne Few SIRF Wo Mr Unie Seale ert 7 wy Sma aie? Pe. ‘estan 100) ang 3eaean “TIO, . Date tive up uorcleten Oen tactic @ Hine gr enrcienrene, rerchraila ea: uta In 112. fare RESP, HE 4505.2 - REV, NUDT (SEE) EXHIBIT. PAGE i {2 COMPLIANCE AGREEMENT Seller: Ozelio Holdings, LLC Borrower: Orion Property and Sales, Inc, Lender: File Number 95-0090 The undereigned Scllera/Euyers/Morigagors, in constderalion of E. BLAKE MELHUISH, PA. and Altomoys’ Tile ineuranes Fudd, ino. diabursing funds for the clasing of praperty Jacated at; Lot 13, Gardner's Drive, Crystal River, Florida $4429, agree if required by E. BLAKE MELHUISH, P.4. or Attorneys’ Titie Insurarice Fund, ine. of someone acting on behalf of aid sattiament agent to fully cocperate and adjust for clerical errore on any and all closing documents deemed necessary ar desirable in the reasaneble discretion of &. BLAKE MELHUISH, PA, or Altornoye' Tila Ineuranot Fund, inc ThE Undatsignad Sellers/BuyerwMorigagere de haraby ao agree and covenant in order to assure that the closing documents executed this date will conform and be acceptable. Sellers/Buyers/Mortgagars do turther agree to Indemalty and hold harmless E. BLAKE WELHUSSH, P.A, and Attorneys’ Titte tneurance Fund, Inc. in the evant clerical errors are made. 2eHo Holdings, LLC party ang Gates, Inc. EXHIBIT__/___ ADMINISTRATIVE COMPPAQ@E 12 _ EXHIBIT 42 gecir Oe Le B Department of Business & Professional Regulation Division of Real Estate 400 West Robinson Street,N801 Orlando Florida-32801-1757 March 26,2007 Ref :DBPR Case # 2007-007976 Dear Mr .Khan, I had contacted Cara via Telephone initially as was directed by the owner ,when I contacted the owner as he had put an advertisement in a news paper in Tampa Fl. After I talked to Cara ,I was shown the lots on paper and the proposed site was shown to me by Cara with the allocated price for each lot. I signed the agreement with a 5000 Dollar Deposit . The sale was to be closed at a later date, when all the due diligence iditions to the sales were met and finance approved -Cara later on informed of all the conditions being met and that, it was time for me to close on the deal and pay the remainder of the money. That was when, I closed on the deal. I have received the documents but have been unable to visit the lot purchased and check whether everything is in order and that the lot is buildable or not. That is all. If there is anything else, please do contact me. Thanking you. Yours sincerely, Shailesh Patel. EXHIBIT. | PAGE — ADMINISTRATIVE couse EXHIBIT 4

Docket for Case No: 08-004157PL