STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION ; iD 4m, FLORIDA DEPARTMENT OF BUSINESS <2 ISON OP SEN REGULATION, OF ; () 7 2,| P ea ara ike F REAL ESTATE, Petitioner, vs. FDBPR Case N° 2003086890 PEDRO FRANCISCO TORREZ, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Pedro Francisco Torrez (“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 3018769 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an inactive sales associate at 7515 SW 164" Court, Miami, Florida 33193. l| FDBPR v. Pedro Francisco Torrez Case No. 2003086890 Administrative Complaint 4. Respondent was at all times material to the complaint registered with and employed as a sales associate by Best Homes of Miami, Inc. 5. The registered broker of Best Homes of Miami, Inc., was at the time Neyda Rodriguez (Rodriguez). 6. Nelly Gutierrez (Gutierrez), is not now, nor was at any time material herein, registered as a licensed real estate sales associate or broker. 7. Gutierrez was employed by Respondent as his assistant. 8. Gutierrez held herself out as a real estate broker and gave to Zoila Coll, the sales associate listing the property at 7161 SW 5” Terrace, Miami, Florida 33144-2745, a business card that indicated that Gutierrez was a licensed real estate broker for Best Homes of Miami. A copy of the card is attached hereto and made a part hereof as Exhibit A. 9. Respondent assisted Gutierrez in holding herself out as a real estate broker and knew that Gutierrez was holding herself out as a licensee and performing the activities of a real estate broker without a license. 10. That Respondent knew Gutierrez facilitated a real estate transaction between Mario and Jacqueline Maura, sellers, and Liliana Salaberri, Buyer, by negotiating the terms of the contract for Residential Sale and Purchase for the property at 7161 SW 5" Terrace, Miami, Florida 33144-2745, showing the property to the prospective buyers, and indicating that she was the person to contact to talk with the buyer. A copy of the contract facilitated is attached hereto and made a part hereof Exhibit B 11. Gutierrez received from Salaberri an initial earnest money deposit of $1,000.00 pursuant to the contract for Residential Sale and Purchase. FDBPR v. Pedro Francisco Torrez Case No. 2003086890 Administrative Complaint 12. Respondent did not inform the sellers in the contract for the property at 7161 SW 5™ Terrace, Miami, Florida 33144-2745, that the second earnest money deposit required by the contract was not made until after the transaction did not close. 13. Gutierrez brought together the buyer and sellers above with the intention that she would receive compensation or valuable consideration for the transaction. 14. That Pedro Torrez indicated that he paid Respondent a commission based on the work performed for him. 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)(j), Florida Statutes. COUNT II 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. 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 FDBPR v. Pedro Francisco Torrez Case No. 2003086890 Administrative Complaint of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee 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 _Z/ $7 day of Moat 2005. Department of Business and Professional Regulation By: Elizabeth P. Vieira Director, Division of Real Estate FDBPR v. Pedro Francisco Torrez Case No. 2003086890 Administrative Complaint ATTORNEY FOR PETITIONER Alpheus C. Parsons, Senior Attorney Florida Bar N° 0607721 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 ACP/k PCP: BB/HF 4/05 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. Alex & Zaila Coll est) Best Homes of Miami id Licensed Real Estate Broker REALTOR . Nelly Gutierrez SS 9380 S.W. 72 St Ce: (786) 306-6784 Suite B-245 : Office: (308) 412-5092 Miami, Florida 33176 Fox: (305) 412-5162 30S 279-0480 tape an e"} 4 sie sell and duy on the terms and conditions specified below the property descrbed as: 5 2 6 7161 SW 5 TE MIAMI, FLORICA 33144-2745 7 «County: MEAMI-DADE 0 B Legal Description: 9 TAMIAMI GARDENS PB 48-19 LOT 31 BLK 5 10 Tat ID No: 01-40-02-005-3200 W her with all improvements and attached items, including, fixtures, built-in furnishings, builtin appliances, ceding fans.. fight 12. fodures, attached wall-to-wall carpeting, rods. draperies and other window coverings. The only othar tems included in the 13 puychase are: 14 DUSHWASH, ODRYER, ELECTWATHR, RANGE-E, REERIG, WASHER, 16 The ing attached items are exckided the. purchase: Dm ee be LU bee thee Ser wet te Works ie Lee nm wor te Pn Reme & RF riggccdese CA le caphen & Sammie 1? seal and personal. property described above as included m the purchase is referred to as the “Property.” Personal property listed 28 in|this Contract is included in the: purchase price, has no contributory value and 6. being left for Seller's convenience. 419 PRICE AND FINANCING 20 2] PURCHASE PRICE: $ 240,060.00 payable by Buyer in. U.S. currency 2s follows: 21 {ap $1,000.00 Deposit received. (checks ate subject to clearance) BPFECTIVE DATE by 22 for. TRUSTAR TITLE INSURANCE CIA. (Escrow Agent’) 23 Signatum Name ‘of Company 26 (b) $ 2,000.00 Additional deposit to be made: by 04/25/2003 .or days from 25 Effective Date. . 26 fc) 958 Total Financing (see Paragraph 3 below} (express as.a dollar amount or percentage) 2 {d) | $ XONAR IONK Other: 28. (a) $2O_BE DETERMINED Batance to close (not incuding Buyer's closing costs, prepaid tems and prorations). All funds 2 paid at closing must be paid by focaly drawn cashiers check. official bank check, or wired funds. 30 63: ‘FINANCING: (Check as applicable) Oo (a) Buyer will pay cash for the. Property with no financing contingency. m {b) This Contractis continger.ton Buyer- qualifying for and obtaining (1). and/or (2) below (the "Financing’) by 05/23/03 32 {if left blenk then Closing Date or within 30 days from Effective Date, whichever occurs fst) ("Financing Period’): 33 (1) A commitment for new 2 conventional rua Ova financing for$ tr 95 %.f tho purchase: 34 price (plus any appicable PMI, MIP, VA funding lee) at the prevailing interest rate and oan costs (if FHA or VA, see attached addendum). 35 (2) Approval for Seller fnancing or assumption of mortgage (see attached addendum). 36° Suyer will apply for Financing within 3 days from Effective Date (5 days if left blank) and wil timely provide any and aif crectt a7 fevancial and other information Teduired by the lender. Either parly may cancel this Contract if (i) Buyer, afterusing 38 liigence and good faith, cannot obtain the Financing. within the Financing Period or cannot meet the terms of the commitment by 39 Closing Cate, of (i) the Financing is denied because the Property ‘appraises balow the: purchase. price and sither Buyer elects 40 to proceed or the parties are unable to renegotiate the purchase price. Upon cancellation, Buyer wil return: all Seller-provided 41 tide evidence, surveys and association documents. and Buyer's deposit(s) wil be fetumed after Escrow Agent receives proper 2 rization from all interested partes. on oe 43 CLOSING “BERLE ) 4 passed DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on 96/04/03. as Josing Date"), unless exiendad by other provisions of this Contract. The Property wil be swept clean and Selier'spersonal toms 46 temoved on or betore Closing Date. If on Closing Date insurance underwriting is suspended, Buyer may postpone closing up to.5 cays pre! BY AGENT: Frank Torvez, Realtor Associate BR 2 FAR.6, Residertia| Sale and Purchase Conract, Rev. 10-00. Florida Association of REALTORS® €2000 Fiofida Associmion of REALTORS® All Rights Reserved — ResiFAST® Softwar, ©2003, Version 6.13. Software Reg stered to: Frank Torrez, BEST HOMES OF MIAMI Page 1016 os i — awers) LS 04/55/03 19:17:41 Satertsy LEE Bupenisy) tee oo nem | | EXHIBIT, / | PAGE W% - - oo ADMINISTRATIVE COMPLAINT _ exnigiy # A ae UD yvoItTLa niex & ¢011la Coll 305. 279~0498§ APR-15-2003 TUE 09:12 PH “ST HOMES OF MIAMI - 3054126162 P, 02 BEST HOMES OF MIAMI Licensed Real Estate Broker Phone: 305 412-5092, Fax: 305 412-5162 4. BALE AND PURCHASE: ; . ) wARIO A. MAURA 3 TcRukern. Has. ("Seller") and LILIANA SALABERRI PAGE __ | OF opr of us usgtia Hlex & Zoila @bli " ; 305 279-0480 p-2 APR-15-2003 TUE 09:13 PM “ST HONES OF MIAMI ~ 3054125162 P, 03 109 (1) Warranty: Selie¢ wararts ‘that con-leased major appliances and heating, coding. mechanical,” electncal security. 310 | Sprinkler, ‘septic and plumbing systems, seawall, dock and pool equipment, # any, are and wal be maintained. in wg Ww condition unt! closing: that the structures (including roofs) and. pod. if any, ae stucuraly sound and watertight & 412 that any open permits for the Property have been dosed oul and final inspections wil be obtained before the Closing 113, Date. Seller does not warrant and is not required to repair cosmetic conditions, uniess the cosmetic condition sesuited 14 from a defect in a warranted item. Seller & not obligated to bring any item into’ comptianca with existing building coda 15 raguiations uniess necessary to repair a warranted item. “Working condition” means operating in the manner in which 16 the item» was designed to operate and “cosmetic conditions” means aesthetic imperfections that do not affect the 47 working condition of the item, including pitted marcia missing of tom screens other than mssing pool cage of screen 418 room screens: fogged windows: tears, worn spots and discoloration ot floor coveringstwallpapersAvndow Jreaments; 19 nai holes, scratches, dents, scrapes, chips and cauking in bathroom ceilingiwalisMooring/tlefaduresimirrors, and 120 minor cracks in floor: flesiwindows/driveways/sidawalks/pool decks/garage and patio ftoors. 121 2) Professional Inspection: Buyer may have warranted items mspected by 3 person who specializes in and hos an 12 occupational teense (if required by law). to conduct home inspections o who hokds a Florida license to repar and maintain 12 the items inspected (‘professional inspector”). Buyer must, vithin § days from the end of the inspection Period, daiiver 124 written notice of any items that are not in the condition warranted and a copy of the inspector's written faport, If any, 1238 Setter. If Buyer falls to deliver timely written notice, Buyes waives Seller's warranty and accepts the items listed, in 128 subparagraph (a) in their “as is” conditions, except that Seller must meet the maintenance requirement. 17 (3) Repair:Seller is obligated only to make repairs necessary to bring warranted items into the condition warranted, up 123. ja: the Repa Limit Seller may, withir, 5 days from receipt of Buyer's notice of items that are not in the condition 128 wartanted, have a second inspection made by a professional inspector and will report repair estimates to Buyer. ff the 1 first and second inspection ceports differ and the: parties cannot: resotve the differences, Buyer'and Softer together will 131 choose, and equally split the cost of. a. third inspactor, whose. written repost will be binding on the parties. i the cost to 132 repait warranted items. equals. or is less than the Repair Limit, Sefer wil have the repairs made in & workmanike. manner 1B ope wararmatnly lensed person. the cost to repat warranted items exceeds the Repair Lint oles toy Teh sw by an approprately linece ether party pays the excess of Buyer designates which repairs to make at 9 folat cost 16 - Seller not exceeding the Repak Limit and accepts the balance of the Property inits “as is® condition. 138 {b} Wood-Destroying Organisms: ‘Wood-destraying organism” means arthropod of plant. life, including termites, powder-post _ 1t beeties, oldhouse borers and wood-decaying fungi, that damages or infests seasoned wood in a sbucture, exchwing fences. 138 Buyer may, at Buyer's: expense and prior to closing, have the Property inspected by @ Fiorida-lcensed pest control business to 139. determine the existence of past or present wood-destroying organism infestation ‘and damage caused by infestation. H the 440 inspector finds evidence of inestation or damage, Buyer wii deliver a. copy ‘of the inspectors written report to. Sailer withinS rat days from the date of the Inspection. Seiler is not obligated to treat the Property if ali the following apply (i) there is no vaibie live 142 infestation, [i) the Propeny has previously been treated. and (ii) Sefer transfers a.currert tuft treatment warranty to. Buyer. at 143 closing, Otherwise, Sailer. wil have 5 days from receipt of the inspector's report to have Teported damage- estimated by a 444 licensed building or general. contractor and corrective treatment estimated by a licensed pest contol business. Seller will have 149 (c) Walk-throughInspection: Buyer may waik through the Property solely to vetify that Seller has made repairs required 130 by this Contract and has met contractual obligations. No other issues may be raised 23 a. resul of the weik-through 451 inspecton, if Buyer fails to conduct this inspection, Sefier’s repair and maintenance. obligations wil be deemed fulfited. ‘452 9. RISK OF LOSS: If any portior of the Property is damaged by fire or other casualty before closing and can be restored wahn 153 45 days from the Closing Date to substantialy the same: condition as % was. on Effective fate, Seller wil, at Seller's expense, 154 restore the Properly and the Closing Oate will ba extended accordingly. If the restoration cannot. be- competed: in time, Buyer 185 may accept the: Property ‘as is" with Seller assigning the insurance proceeds for the Property to Buyer at closing, failing which 156 dither party may cancai this Convact. AST TITLE 158 40. TITLE: Seller will convey. marketable title to the Property by statulory wastanty deed or trustes, personal representative. oF 760 (a) TitheEvidence: Title evidence wil show legal access to the Property and marketable tile of record in Seller in accordance with 161 current file standards adopted by the Florida Bar, subject only to the: following title exceptions, none of which pravent residential 482 use of the Property: covenants, easements. and restictions of recerd; matters of ptat: ewsting zoning and government 163. regulations; of, gas and. mineral, Tights of record # there is no right of entry, current taxes, mortgages that Buyer wil assume; and 164 encumbrances that Seller wil discharge at or before closing. Seller wil, prior to closing, delwer to Buyer Seller's choice of:one of 165 | the following at Si veuisence, ich must be gonetaly accopied in the courty where. the Prapany is loess (sPaoy i” 166 Paragraph, 5{c) the selected type). Soller will use option (1) in Paim Beach Caunty and option (2) in Miami-Dade County. 187 () Atitle insurance commitment issued by a. Floridaticansed tite insurer in the amount of the purchase pfice. and 168 subject only to litle exceptions set forth in this Contract. 168 {2} An existing abstract of tite trom a feputable and existing abstract firm (if firm is. not, existing, then abstract must. be 170 (2) An axisting abstract of eo an) purporing, to be an accurate synopsis of te Inavuments affecting Ms Wo BS 174 Property recordad in the public records ‘of the coumy where the Property is. located and certified to Effectve Date. 172 However, if such an abstract is not available to Seller, thena prior owner's title policy acceptable 0 the 1m insures as a base for reissuance of coverage. Sellar will pay for copies of alt policy exceptions and an update. 8 format 174 acceptable to Buyer's. closing agent from the policy. effective. dete and certified to Buyer or Buyer's closing. agent, PREPARED BY AGENT: Frank Torrez, Realtor Associate FAR-G, Residential Sala and Purchase Contract, Rev. 10-09. Florida Association of REALTORS®: 2000 IB Astociation of REALTORS® Aa Rights Reserved TH: Rest Software, ©2003, Version §.13. Software Registered to: Frank Torrez, BEST HOMES OF anal 4 5, Buyers Ls Oat S103 19:17:14 Soles) oef ADMINISTRATIVE COMPLAINT. EXHIBIT #4. Py wipro ae ws “vestia mlex & €Olia Coll 305 279-0480 APR-15-2003 TUE 09:14 PM =» “ST HOMES OF MIAMI 3054125162 P. 04 Pe 1 with copies of all documents recited in the prior policy and inthe update. if a prior policy is not available to Ws 178 Seller then (1) above vil be the ttle evidence. Title evidence wil be detivered no later than 10 days before Closing Date. . nm ) Title Examination: Buyer wilt examine the title evidence and deliver written notice to Seller, within 5 days from. receipt. of 178 evidence but no fater than closing, of any defects that make the tite unmarketable, Seller wil have 30 days from 17 ptof Buyer's notice of defects ("Curative Periad’) to cure the defects at Seller's expense. if Seller cures the Getects 180 hin the Curative Period, Seller wil detver writen notice to Buyer and the parties wil close the transaction on Closing 7a e or wathin 10 days from Buyer's receipt of Sefler's rotice # Closing Date has passed. f Seller is unable to cure the 182 cts within the Curative Perod, Seller wit deliver written nolice to Buyer and Buyer wil, within 10 days from receipt of 183 i aeiner sonal thig Contract or accept ile with existing defects and close the transaction. 5 | 104 ic) Survey: Buyer may. prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice to 185 eller, within 5 days from receip: of survey but no later than closing, of any encroachments on the Property, encroachments by the 186 's improvements on other lands or deed restiction or zoning violations. Any such encroachment or ‘yiotaton wil be teated 187 in the same manner as a tte defect and Buyer's and Sellars obligations wif be detarmined in accorcance with ‘subparagraph (b) 388 labove. If any part of the Property lies seaward of the coastal construction contro! ine, Seller will provide Buyer with an affidavit of 189 lsurvey as required by law dalinecting ine line's location on the property, unless Buyer waives this requirement in writing. 199 MISCELLANEOUS 491 14./EFFECTIVE DATE; TIME: The “Effective Date” of this Contact is the date on which the. last of the patties iniiats or signs the 192 latést offer. Time is of the essence for afl provisions of this Contract. ‘All time periods wit be computed in business. days (a. 193 "Duginess day” is avery calendar day except Saturday, Sunday and national legal holidays). if any deadline fala on a Saturday, Su of rational legal holiday, performance will be due the next business day. All time perods wil end. at 5:00 p.m. focal 195 timp {meaning in the county where tha-Property is located) of the appropriate day. 198 12) NOTICES: Ali notes wil be made to the parties and Broker by mail, personat delivery of electronic media. Buyer’s.taiure to deliver timety written notice to Seller, when such notice is required by this Contract, regarding any contingencies will render contingency null snd vold and the Contract will be construed a2 if the contingency did notexist. 43. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Sefer. xcept for brokerage ents, no prior of present ts wil bind Buyer, Setler or Broker unless. Incorporated into tis Contract. tions of this Contract will not be binding uniess in wilting, signed and deivvered by the party to be bound. Signatures. inidals, documents referenced in this Contract, Counterparts and. witten modifications communicated electronicaly of on paper | be acceptable for all purposes, including delivery, and. will be binding. Handwaitten or typewritien tems msefted in oF al Oe eoerwer preprinted terme. tary provision of tis Contract is or becomes invaltl or unentorceable. remaining provisions wil} continue to be fully effective. This Contract will not be recorded in any public records. 44, ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent The ems il .” “Soller,” and “Broker” may be singular or plural This Contract is binding on the heirs, administrators, executors, pérsonal representatives and assigns (if permitted) of Buyer, Seller and Broker. . DEFAULT AND DISPUTE. RESOLUTION ; 45. DEFAULT: {a) Seller Defauit: If for any reason other than. failure of Seller to make Seller's tide marketable after diligent effort, Seller ils, refuses of neglects to. perform this Convact, Buyer may choose to receive a return of Buyer's deposi without waiving the right tg ‘seek damages or to seek spacific performance as per Paragraph 16. ‘Seller wil also be liable: to Broker for the ful amount of the haber fee. (b} Buyer Default: If Buyer: fails to perform this Gontract within the time specified, sckiding: timely payment of aft 4s, Soller may choose: to- retain and collect all. deposits paid end agieed to be paid as liquidated damages or to seek specie ince as. per Paragraph +6, and Bmker vill, upon demand. receive 50% of al deposits paid and agreed to be paid (to be fit equally among cooperaling bro‘ers) up to the full amount af the brokerage fee. te DISPUTE RESOLUTION: This Contact wil be construed under Florida law. All controversies. clams and other matters. in seth aising out of oF rafating to this transaction or this Contract or ts breach wile selted as follows @) Disputes concerning entitiament to deposits made and agroed to be made: Buyer and Sefer wil have 30 days from the date conflicting demands are made to attempt te resolve the dispute through mediation. If that fails, Escrow Agent wal submit the dispute, if so requred. by Florida law, to Escrow Agent's choice. of arbitration, a Florida court or the Florida Real Estate Commission. Buyer aod Seller wil be bound by any resulting settiement or order. 4b) Allother disputes: Buyer and Seller wil have 30 days from the date. a dispute. atises between them to alempt to resolve the matter through mediation, failing which the parties wil resolve the dispute through neutral. binding arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not provided for in this Contract The award will be based on the greater weight of the evidence and wil state findings of fact bis) 238 {c) Mediation and Arbitration; gas: “Mediaton” is a process in which parties attempt to resolve a dispute by 2 submitting it to an impartial mediator who facilitates the resolution of.the dispute but who is nat empowered ta impose 2 233 SUING TO i ell be accordance wif the nies of the American, Ariston Aseocsin TT in 2a other mediator agreed on by the pasties. The: partes wil equally divide: the mediation fee, f any. “Arbitration” is. 3 process in 238 ofver mactator 2groed on BY Us Ta oy 9 neaing pelbre 2 neuial persen who deciles tne roller and whese ceotion BY AGENT: Frank Torrez, Realtor Associate FARS, Residential Sate and Purchase Gonuact, Rev. 10-00. Florida Association of REALTORS® £2000 Florisa Association of REALTORS® As Rights Reserved 5 RealF A$ TO Sofware, ©2003. Version 6.13. Software Registered to: Frank Torrez, BEST HOMES OF NEAMI . } anatsi 6D at S03 19:47:11 senor) [VIZ | itt EXH : ADMINISTRATIVE COMPLAINT, race i exHieit ¢_B -— PAGE DB OF wre “ow wu tuS miex - , * corre Lori BOS 279-0480 p.4 APR-15-2003 TUE 09:15 PH = SST HOMES OF HIAHI . 3054125162 P, 08 236 inding on the partes. Arbitration will be in accordance with the rues of the AAA of other arbitrator agreed on by. the 27 9g on The partes Aeration wil pay to, own fees, costs and expenses, including afforeys! fees, and wil RUaly 238 pit the abitrators fees and adniristrative fees of arbitration. 208 ESCROW AGENT AND BROKER a. 200 17. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hod funds and other items in escrow and, 201 subject to clearance, disburse them upon proper authorization and in accordance with the ferms of this Contract, including 242 disbursing brokerage fees. The parties agree that Escrow Agent will not be fiable to any person for misdelivery of escrowed items to 243 Buyer or Selter, unless the misdelvery is due to Escrow Agent's wilful breach of this Contact or gross negligence. If Escrow Agent a4 it oer cet mater of the escrow, Escrow Agert wil pay the fing fees and costs fiom the deposit and wit Temi 245 (18% le attomeys’ fees and costs to be paid from the escrowed funds or equivalent and charged anc awarded as court costs in 246 of the prevailing party. All clams against Escrow Agent will be arbitrated, so long as Escrow Agent. consents to arbitrate. 247 18/PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations ‘that 248 important to them amd to consut an appropriate professional for tegal advice (for example, interpreting. contracts, delermining the effect of laws on the Property and transaction, status of tite, foreign nvestor feporting requirements, atc.) and 280 fori tex, property condition, environmental and other specialized advice. Buyer acknowledges. that Broker does not reside in the 251 party and that ail representations (oral, writen or otherwise) by Broker are based on. Seller representations of public records ss Broker indicatas. personal verification of the fepresentation. Buyer agrees to rely solely on Seller, professional inspectors governmental agencies for verification of the Property condition, square footage and facts that materially affect Property jue. Buyer and Seller respectively will pay ali costs and expenses, including ressonable attomeys’ fees al alt levels, incurred by and Broker's officers, directors, agents. and employees in connection with or arising from Buyer's or Seller's misstatement failure to perform contractual oblgations. Buyer and Seller hold harmless and release Broker and Broker's officers, directors, % Qgsec 260 Of services provided hy any vendor, and (4) expenses: incurred by any vendor. Buyer ard Seiler each assume full responsibility for 261 fing and compensating weir respective vendors. This paragaph wit not relieve Broker ‘af statutory obligations. For purposes 262 this paragraph, Broker wil be treated as a party to this Contract. This paragraph will survive closing. 263 BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as “Broker.” Setier and = Buyer 286 below are the procuring cause of this transaction. Instruction to Closing Agent: Setter 265 Buyer direct closing agent to disburse at closing the full amount of the trokerage fees as. specified in separate brokerage 265 i greements between the brokers, unless Broker has retained’ such fees from the 268 OWA CORD a 26a Real. Estate, Liconsae 270 _BEST HOMES OF MIAMI INC CENTURY 21 2m Brokerage foe: ($ cr % of Purchase Price) z% Broker! Brokerage fos: (3 or % of Purchase Price) 2% ar nnn Dac 273 ADDENDA ANO ADDITIONAL TERMS 274 ADDENDA: The folowing addiional terms are included in addenda and incorporated into this Contract (check. #- appticable): 275 A, Condo. Assn. G New Mon: Rates. M. Housing Older Persons Os. Sate of Buyer's Property 276 CD 8. Homeowmers Assn. BSH. As ts wRight ta Inspect CW. UnimprovediAg. Prop =: T. Rezoning am O) Cc. Seber Financing 1 i. Set-inspections CO ©. interestBearing Account (1 u. Assignment 27a (0D. Mort Assumption 1 J. insulation Disclosure Cl p. Back-up Contact 13 v. Prop Disclosure Stmt. 27a (1) &. FHAFinancing lk: Pre-1978 Housing Smt. (LOP) (JO. Broker-Pers. int inProp. [2 Other AGENCIES ___ aso {1 F. VA Financing [3 L. Ftood insurance Recd. O R. Rentals 2 other ADEMDUM 2er 21, ADOMTIONAL TERMS: 282 BEST HOMES OF MIAMI WILL COLLECT A REGULATORY PROCESING FEE OF $ 195.00 pes FEE IS DUE AT CLOSING, FROM THE BUYER 283 This is intended to be a tegaily binding contract. if not fully understood, seek theadvice of an attomey prior to signing. OFFER AND ACCEPTANCE Check if applicable: a Buyer received a writen real property disclosure statement from Sellerbefore making this Offer.) 288 me offere to purchase the Property on the above igims and conditions. Uniess this Contract is signed by Seley and a. copy 2et petivered to Buyer no laterthan 5 Dam. & pm.on April 18, 2003 | this offer wil ba revoked 268 land Buyer's. deposit refunded subject to clearance of funds. | | PR BY AGENT: Frank Totrez, Reattor Associate : FAR. jdertiat Sale-and Purchase Contract, Rev. 10-00, Flofda Association of REALTORS® ©2000 Florida Association of REALTORS® All Rights Reserved ReaFAST@ Software, ©2003, Version 6.13 Software Registered to: Frank Torez, BEST HOMES OF MAMI ; o 4 Buveris): ts . 0475103 19:17:11 Stes) mM vest § { ( | | EXHIBIT__f _ PAGE. 17. ADMINISTRATIVE COMPLAINT EXHIBM | PAGE Apr ivy us Us:44a Alex & Zoaila Coll 305 279-0480 APR+15-2003 TUE 09:16 PM “ST HOMES OF MIAMI - 3054126162 P. 06 mse Yr/S “OD ___ suver Paua Sabercen’ $$ LILIANA SALABERRI DATE SELLER Xx . racy ) Factslng ia auc oso C1 Seer counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered tens and deliver acopy the acceptance 0 Seler; by 5:0) p.m. on ) C1 setter rajects Buyer's offer. party signed or initaled acceptance of the final offer.) {The data on which the last | : The Association of REALTORS® and locatBoardiAssociation of REALTORS® make no representation a8 {p the legal validity oradequacy of any provision of the in. any specific transaction. This standardized fom should not be used in camp'ex Lransactors orvwith extensive riders or additions. This forme in. avaliable for use by nary apm reaction. Tie amend iy th er on A REALTORD. REALTOR? es Toe con ney be used only. he ere roa ein not 2 cra of re National Aasociation f REALTORS® and wl suns rey 2 ee of Ethics, The je of the United States (17 U.S. Code} forbid the unauthorized mpraduczion of blank fons by any means jneksding facemile os computmrized forms. PREP, BY AGENT: Frank Torrez, Realtor Associate’ . FAR-6,|Residantial Sale and Purchase Convact, Rev. 16-00. Florida Association O-REALTORS® 422000 Florida Association of REALTORS® Al. Rights Reseed ° RedFAST@ Sofware, 02003. Version 6.15. Software Registered to: Frank ‘Torrez, BEST HOMES OF MIAMI Page 5 ofS 04115103 18:17:41 wept om we VUEe ate nNaex & COLLAa LOLL 305 279-0480 APR-15-2003 TUE 09:17 PH “ST HOMES OF MIAMI - 3054125162 P. 07 | BEST HOMES OF MIAMI | Licensed Real Estate Broker : Phone: 305 412 - 5092, Fax: 305 412-5162 1 Tre clauses below will he incorporated into the Contract between “7 Ye wee, ND WARIO A. MAURA & acts Wate 2 (Seller) and LILIANA SALABERRI 3 (Buyer) concerning the Property described 3s 4 76l SWS TE MIAMI FLORIDA 33144 5 _ only if initialed by. all partias: : PROPERTY ? iS tesco HAs le With Right ta Inspect: This clause replaces Paragraphs 6 and 8 of the Contract 8 P; raph 5(a) Repar and Termite. Repair Limits are 0%. Seller makes no warranties other than marketability of ttle Seter will 3. Keep the Property in the same, condition from Effective Date until closing, except for nomai wear and tear (maintenance +0 requirement’), and wil convey the Property In its. "as is” condition with no obligation to make any repairs. Buyer may, at Buyer's cs] expense, conduct professional anc waik-through inspections as describad below. If Buyer fails to timely conduct any inspection 12 which Buyer is entitled to make under this paragraph, Buyer waives the sight to the inspection and accepts the Property "as 5.” 3 Sqfier will. provide aecess and utiities: for Buyer's inspections. Buyer wil repair al damages fo the Property resulting from the 14 inspections and. retum the Properly to is pre-inspection condition. Buyer may, by April 30. 2003 , Cinspection 15 Period") (within 10 days from Effective Date ff left blank) make any and af inspections ‘of the Property. The inspection(s) wail be by 16 @ [person who specializes in and hols an occupational license {if required by law) to conduct home inspections or who hos 2 23 appropiale Florida license to repair the dems inspected. Any conditions. not reported in a timely manner wil. be deemed 22 2 a ere perce may, on the day belore, Chsing Cate of any other Sme agreeable f> the portes, wale SuneGt Sp 23 rty solely to verify that Seller tas fulfilled the: contractual obligations. No other issues may be raised as 3 result of the walk- 2 trough inspection. . i i i 1 f i PREPARED BY GENT: Frank Torrez, Realtor Associate fe 7 FARA-Gx, Residertial Sale and Purchase Contact As is With Right To Inspect, Rev. 06/02. Florida Association of REALTORS® ©2002 Floni Association of REALTORS® Ail Right Reserved . — 6 Reek: Software. ©2003, Version 6.13. Softwere Registered 10° Frank Torrez. BEST HOMES OF MIAMI oe “ > . Page t oft Ay zp Buyers} CS 04/15/03 18:18:30 Saiets) Me ifn 1 a AD. . eeaeR ow cuLaa UOLL JUS 27988430 APR-15-2003 TUE 09:17 PM = “EST HOMES OF HIANI . 306412516? P. 08 Pv BEST HOMES OF MIAMI Licensed Real Estate Broker Phone: 305 41 2-5092, Fax: 305 412-5162 1 The clauses below will-be incorporated inig the Contract between WARIO A. MRURA & Sachuskat Move rom 2 (Seer) anc LELIANA SALABERRI “3 (Buyer) conceming the Property described as 4 7161 SW 5 TE MIAMI FLORIDA 33144 5 y eile by a pani ‘i 6 ICS)- Mit af KC. Pre-1578 Housing Lead-Based Paint Warning Statement: “Every purchaser of any interest 7 iniresidential real property on which a residential dwelting was built prior to 1978 is notified that such property may present 6 @ fe to lead from tead-based paint that may place young children at risk of developing. lead poisoning. Lead poisoning in yo! chiddren may produce purmanent neurological damage, including fearing disabilities, reduced intelligence quotient, 10 behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any ony interest in tesidential real property is required to provide the buyer with any information on lead-based paint hazards trom risk 43 ment or inspection for possible lead-based paint hazards is recommended prior to purchase." For purposes. of this 44 ndum, lead-based: paint wil be referred to 2s “LBP” and lead-based paint hazards will. be referred to as "LBPH.” . 1s (1) LBPALBPH: in Housing: Sailer has a0 knowledge of LBPALSPH. in the housing and no avaiable LBP/LBPH records of 45 reports, except as indicated: (describe alb known LBPALGPH information, fst. all available documents pertaining to 7 LBP/LBPH and provide documents to Buyer before accepting Buyer's offer) . | ne or iection FOF | (2) Lead-Based Paint Hazards inspection: Buyer waives the opportunity to conduct a risk assessment or inspecton for | the presence of LBP/LBPH unless. this box is. checked ( o Buyer may, within the Inspection Period, conduct 3 ek | assessment or inspection for the presence of LBP/LBPH in accordance with the provisions of paragraph B{a) or H. | LBPALBPH conditions that are unsatisfactory to Buyer will be. treated as "warranted items” for purposes of paragraphs Fs) i &{aX{2) and (3) only). { i i | | | | (3) Certification of Accuracy: Buyer has received the pamphiet entitled “Protect Your Family From Lead in Your Home" | and ail of the information specified in: paragraph (1) sbove. Licensee has notified Seller of Seller's obligations to provide and disclose information regerding lead-based paint and. ad-based paint. hazards in the property as required. by federal | jaw (42 U.S.C, 48524) and is. aware of he of her obligation to ensure compliance with federal fead-based. paint faw. Buyer,Setler and each licensee has reviewed the information above and. certifies, to the best of his: or her knowledge. that the information he orshe has provided is true and accurate. . Pain Waming Statement, Rev. 06/02. Flora Association of REALTORS# ary a Reif AST@ Software, 2003, Version 6.13 Software Registered tor Frank Torrez. BEST HOMES OF MIAMI Page 1 oft i 4715703 19:20.09 ; MINIS TR Arrye exHipiT_l ADMINISTRATIVE COMPLAINT PAGE._20__ . EXHIBIT pp | PAGE DoF “Suerte nied re APR-16-2003 HED 08:57 AM © BEST HONFS OF MIAMI 3054125162 P, 03 BE... HOMES OF MIAMI ! Licensed Real Estate Broker Phone: 305 412-5092, Fax: 305 412 - 5162 below wil be Incorporated into the Contract bemween ——+____— Marib A. Maura Tec tLolag VAGUE 2 and LILIANA SALABERRI 3 @& concerning the Property described 23 / 4 7161 5 te miami florida 33244-2745 . onty if mitialed by all parties . C_o)/C3_) - C5 Chi) v. Property Dtsctosure Starement: This offer is contingent on Seller complating. i to Buyer 2 wi real property disclosure statement within 3 days material Informaton about the Property that is unacceptable to Buyer, Buyer may cancel thi ‘Seller [within 3 days from seceipt of Seller's written statement eernee a | i i i § \ } i i PREPARED BV|AGENT: Frank Torrex, Resitor Awrociate FARA, Rosidemial Sateand.Purchage Convect: Property Dieciuure Statement, Rev. 0602 Florida Ansociaton of REALTORS® i $2002 Fivrida Assecigion of REALTORS® At Right Reserved — Rea AST® Softwnse, C2003 Version 6:13, Sotwors Regittered ta: Frank Torrez, BEST HOMES OF NRAME p Buoys) O4S0S 16:20.38 Pan th earl ADMINISTRATIVE COMPLAINT EXHIBIT 4 i) ner, RET OF etree ee APR-15-2003 TUE 08:18 PH BEST HOMES OF MIAMI 3064125162 P, 08 BE 4{OMES OF MIAMI Licensed Real Estate Broker Phone: 308 412-5092, Fax: 305 412-5162 1 The clauses below will be imeorporeted into the Contract between ae won A Tce cAits: aww 2 (Sefer) bed a SALABERRE 3 (Buyer)iconcerning the Property desistbed as 4 7162 su $ TE MIAMI FLORIDA 33144 Ss oniyif italea by al patios’ - ¢ (hots) ey w. o FS eee 5 1+ SELLER TO conrrrpure}} “TOWARDS BOYRR:S CLOSING COSTS. a if Pictstge Sraberten’ Hai 3 Laut Lop) | DATE. i i; | 1 { i ! i PREPARED BY AGENT: Frank Torrez. Reiter Ageaciste: FARAGM, Resident Sate ano Purcnase Conpact. Comprenensive Addendum, Rex. 06/02 Forise Association of REALTORS® ©2002 Florida Association f REALTORS® All Right Reserved Ree AST@: 62003, Version 6.13. Sofware Regintered tor Frank Torrez, BEST HOMES OF MAMI Buyests) OM1S0S 18:21:40 Pao tat aM | ft vy} jaf — : . { i | i i H i i ADMINISTRATIVE COMPLAINT EXHIBIT dt mes penetra cr TE mprotf us uureva Hlex & Zoila Coll 1 a APR-16-2003 WED 08:58 AM BEST HOMES OF Miami supine 20480, #10 BE HOMES OF MIAMI Licersed:-Real Estate Broker Phone: 305 412-5002, Fax: 305 412-5162. FLORIDA REQUIRES THAT REAL ESTATE UCENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AMD BUYERS OF REAL ESTATE. ‘You should hot assume that any real estate broker or salesperson represents you unless you agree to engage 2 rea! estate icenses in ana brokerage mlationship, either as a single agent or as a Transaction broker. You are advised not io disclose any information you want to: 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 SELLERS THEIR ROLE AND DUTIES 48 PROVIDING A LIMITED FORM OF REPRESENTATION. Asa ion broker, BEST HOMES OF MIAMI 6 FRANK TORRSZ (REALTOR ASSOCTATE) and its anccclaes, provides to you 8 Ried fam representation that Inchudes the foliowing duties: 4. Dealing honestly and taity, , 2, Accounting for ad funds; 3. Using skil, care, and ciligence in the transaction; A Digctosing alt known focts that materially affect the value of residential real property and are not ready observable to the buyer, & Pragentng af offer ae couteofers 2 timey manner, unas © party naa prevbualycrecied fe tomen omer n 5 _Uited onder. we a ee eet ee pice abd swan . pay 2 price greater than the price submitted in a written iicthotecr beaks tn ta 7. Anyadditional duties that are entered inta by this or by saparnte writen agreement representation means that a buyer or safer is not responsible for the acts of the licensee. Additionally, paities are giving UD their rights|to Me undivided loyalty of the tcensee. This aspect of limited representation allows a licensee to faciitate a veal estate transection! by assisting. both the biryer and the seller, but a licensee will not work to represent one party 10 the detriment of the other party whenjacting as a transaction broker to both parties. et ft0% Po pasen, Se fereee' Ooew uu SS” Signeture- ‘Thie tora bs avhltable for use by the entire ras! estate indwatry and In not istended to identity the user os 2 REALTOR. REALTOR is a regiasered ay 2 cotective: hip mark which may be used only by wat ents icensees whe are mernbers of the National Association of REALTORS and itu Code ef Ezhioe. The copyright tows of tha tmited States. {17 U.S. Code} forbid the anauthorized reproduction of bieek tonne by any moors fnesientie or computeried tonne. PREPARED BY| AGENT: Frank Torrez, Reattor Aewochete. BRDth, Brokerage RelGonship Dieclosure, Rev. 5.00. Florkis Association of REALTORS®: 1909 Flora. itlion ol REALTORS® Al Rights Reewved Rear ASTO: (C2003. Version 8.13, Sottwem Aagistend to: Frank Tormz, BEST HOMES OF MIAMI , ‘owrsgr0a 19:2222 Page tot i ! / } i | i ] i ADMINISTRATIVE COMPLAIN! EXHIBIT 4# ee OF see PAGE

Docket for Case No: 09-000731PL