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STATE ttoR-:EDA-
DEPARTMENT OF BUSINESS AND1 PROFESSIONAL REGULATION
FLORIDA DEPARTMENT OF BUSINES1$J jf,'.'l IO p 12: 17
AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,
Petitioner,
v. DBPR Case No. 2008-049170
JOYCE IOVINO,
FILED
Deparllne<lt of IIIGt1ei5 and frofl!sslonal l!eR•lation
DIVISION OF REAL ESTATE
Signed Kay Fleming
Date 9/24/2010
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation ("Petitioner") files this Administrative Complaint before the Florida Real Estate Commission against Joyce Iovino, ("Respondent") and alleges:
Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, of the Florida Statutes.
Respondent is licensed as a real estate sales associate in the State of Florida, having been issued license number 303065.
At all times material to this _Complaint, Respondent was
.,;tt<'
licensed with Garrett Realty Services, Inc., a real estate corporation,
Respondent's broker with Garrett Realty Services, Inc., was Julia Arthur. -
Document in Unnamed 1
Respondent's address of record is P.O. Box 2315 Santa Rosa Beach, Florida 32459.
On or about June 30, 2008, Respondent, on behalf of Peggy R. Hamilton (Buyer) negotiated a residential sale and Purchase Contact with Gordon A. and Judith J. Hambrick (Sellers) for a property known as 696 Ricker Ave., Santa Rosa Beach, FL 32459 (Subject Property) for $665,000.
A copy of the Sale and Purchase contract for the Subject Property is attached as Administrative Complaint Exhibit 1.
On August 10, 2008, Respondent informed her broker Julia Arthur, that Respondent had consulted a Real Estate Attorney who advised that "neither the Seller nor the Buyer has the option to cancel the sales contract until the 1.5% repair clause (#63) had been fulfilled, as this is the only contingency."
A copy of the August 10, 2008, email addressed to Julia Arthur, advising the result of the conversation with an alleged real estate attorney concerning the cancellation of the purchase contract for the Subject Property is attached as Administrative Complaint Exhibit 2.
On October 26, 2008, Respond t filed a report with Petitioner affirming Respondent followed the advice of the FREC Helpline attorney regarding the cancellation of contract for the Subject Property as stated in her communication dated August 10, 2008, to Julia Arthur.
Document in Unnamed 2
A copy of Respondent's report filed with Petitioner, dated October 26, 2008, confirming advice from a real estate attorney related to the cancellation of the contract for the purchase of the Subject Property, is attached as Administrative Complaint Exhibit 3.
Respondent admits that Respondent never consulted a real estate attorney refuting affirmations made in the report filed with Petitioner.
Count One
Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as if fully set forth herein.
Section 475.25(1)(1), Florida statutes, (2008) subjects a real estate licensee to discipline when the licensee;
"Has made or filed a report or record which the licensee knows to be false, has willfully failed to file a report or record required by state or federal law, has willfully impeded or obstructed such filing, or has induced another person to impede or obstruct such filing; but such reports or records shall include only those which are signed in the capacity of a licensed broker or sales associate."
As set forth above, Respondent violated Section 475.25(1)(1) in one or more of the foll.owing ways:
on October 26, 2008, Respondent filed a report with Petitioner, affirming Respondent followed the advice of the FREC Helpline attorney regarding the cancellation of the purchase contract for the Subject
Document in Unnamed 3
Property as stated in her cormnunication dated August 10, 2008 to Julie Arthur.
By filing the report with Petitioner, in her capacity as a licensed real estate sales associate.
Respondent filed the report, with Petitioner, as her response to a complaint filed against Respondent
By admitting that Respondent never consulted a real estate attorney as affirmed in the report filed with Petitioner.
By filing a report, with Petitioner, knowing the report to be false.
Based on the foregoing1 Respondent violated Section 475.25(1) (1), Florida Statutes, when Respondent filed a report or record which the licensee knows to be false, and such report or record was submitted to Petitioner in her capacity as a licensed sales associate.
Count II
Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as if fully set forth herein.
Section 475.42(1)(i), Florida Statutes, (2008) subjects a real estate licensee to discipline stating:
A person may not obstruct or hinder in any manner the enforcement of this chapter or the performance of any lawful duty by any person acting under the authority of this chapter or interfere with, intimidate, or'offer any bribe to any member of the cormnission or any of its employees or any person who is, or is expected to be, a witness in any investigation or proceeding
Document in Unnamed 4
relating to a violation of this chapter.
Respondent violated Section 475.42(1)(i) in one or more of the following ways:
On October 26, 2008, Respondent filed a report with Petitioner, affirming Respondent followed the advice of the FREC Helpline attorney regarding the cancellation of the purchase contract for the Subject Property as stated in her communication dated August 10, 2008 to Julie Arthur.
By filing the report with Petitioner, in her capacity as a licensed real estate sales associate.
Respondent filed the report, with Petitioner, as her response to a complaint filed against Respondent
By admitting that Respondent never consulted a real estate attorney as affirmed in the report filed with Petitioner.
By filing a report, with Petitioner, knowing the report to be false.
Based on the foregoing, Respondent violated Section
475.25(1) (i), Florida Statutes, when Respondent filed a
-, :.<,..
report or record which the licensee knows to be false, and such report or record was submitted to Petitioner in her capacity as a licensed sales associate, thereby obstructing and or hindering the investigation.
WHEREFORE, Petitioner respectfully requests the Florida Real
Document in Unnamed 5
Estate Commission enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent(s) license(s), restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent(s) on probation, corrective action, assessment of costs related to the investigation and prosecution of the case, and any other relief that the Commission deems appropriate.
SIGNED this day of
--------
, 2010.
PCP Date: 9/13/2010 PCP MEMBERS: JDR/DF
CHARLIE LIEM, Secretary Department of Business and
Professional Regulation
Patrick James Cunningham By: Patrick James Cunningham
Assistant General Counsel Florida Bar No. 469221 Department of Business and Professional Regulation Division of Real Estate
400 W. Robinson Street, N801 Orlando, FL 32801-1757
(407) 481-5632 - Telephone
(407) 317-7260 - Facsimile
NOTICE TO RESPONDENT(S)
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 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.
Document in Unnamed 6
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.
Document in Unnamed 7
P.02
Re d•ntial &ale and Purc:haee Contract
Fl.ORICA ASISC>CW101\1 DF
1· 1. SALE ANO PURCHASE: Gordon A. Hambrick Ill and Judia, J. Hambrick
2' and Peggy & Hamilton
◄
3 agree to sell ar1d buy Of'l 1he terms and condidof'\S specified bel01N the proc:,erty described as:
•· Atldress: 691Ricker Ave. Santa Rosa Beach, A 32 59
t'Seller")
t'Buyer1
s· Daughattas amended - faint Washington County: W=•lton=--------
2i-2s-19-24050.013-0042
r Legat Description: lot 4 Blk 13 Dauqhettas amended platt of 59-403
1• Tax 10 No:
8 together with all e>QStiig impmvements and ar1actled Items, including fixtUl8!, built•iri furnishings, major ances finduding
1r M not lmiled to rcr,QEl(s), refrigerator(I), dshwasher(s), washar(:;J. ar,d s),_ (#) cairlg fans llf l&ft blank. all ceiliig fans),
10 light ftJcues. anachad wall•to-wal catDellrtg. rods, draperies and other window 1reatrnents as of Effective Date. The only other
1•1 ems inducled in lhe llurchase are: Hot tub to remain with prop_prty. ·
\3"
1• · 'The following attacheCI ltema are e>Cduded from tt'le purchase: _
tj•
14 11'e leaf and persc,naJ descrftied atx,,,e as included ii the PLft;hase isn,l',red10 as the- •Perwial p,ope,iy listed
, 7 in this c.uitracT is ir1clluded in the purchase price. has no ocntribuDY value aid Is being left for S.Hn c;a .
11 PRICE A"D FINANCING
r1 2. PURCHASE PRICE: S 6G,S,OOO,QO. Dayable Buyer in U.S. currency as follows:
1
20· (a) s 13.500.00 Deposit rscawci (CheckS a,esubjeCt to QeSrance) an accept.anc:e by
21'
-="'" fordetive,yto.Acqwre Title ,Inc, resc,cw ent")
:n srr,,ar,n N;lnl8 afCbnpsnf
•2· tR,a,a#of
Jared Bradley, ptesidenHS0 534 085Q:Cell-SQ:1144
23• df:saaEwsaPwgl.n,.), 32 E.Co. 30 A.Ste. 203 Gra Beach, Fl 32459
2'" (b) S Additional deposit to be delivered to Escrow Agent by _,
2e•
or _days from Effedhle Date. (10 days if left blank)
21" (c) Cash Tafal financi"G (see Paragrac:,h 3 belOW) (SXDress as a dollar amount or wcentaoe>
21· (d)S Olne-: -----------------------
..
.. (e) S 651,5D0.Q0 8atance to c10s1 (net ineludirlg Buyer's aosilg1Xl6Ui, prep,iditem& and puaiicns AU fl.r1ds pad
az aasing must bepad by1oc:a11y drawn cashier'S ched<, affml bar«CNcl(, awted fll'lds.
.:i,· 3. FINANCING: (Check as IRiicabla) afa» Buver wil pay c:aah ro,the with no financing conqlf1<¥
32· Q {b) Buyer w1II aS,llly for NW Q COMntlonsl O FHA O VA ftnanci,,g specified fl paragraph 2(c) at 1he p,avaiq interast rate and 3.9• loan costs based on Buyen c:reaitwortMess (the •Fi wntw, _ days frem Effaclive Date (5 days if left blanl<J and Pl'0IAde Seller either a Mitten Finanor,g carmutment rx apptOVfJl letter rcci,milment") or 'IIWlttlrl notice1l'1at Buyar is unable ta
:w obtair, a Commitment Vfftlin _ daya from Etecrrve Om (lhe MIiiet ar 30 ti¥ after rt,e Eff'eetiv• Cate ors d8)4S prior to CIOsir,g
lll Date If left blank) rCommilment Ptrioel1. 13t¥1r wll keep Saler and Broker ln(orrried abaut loatl appiealian status, progress
11 and Commilman\ issues and aulhorizes 1he mor19aga broker a,,d lender to di8doSa al such infoJmar'ion ro Seller and Bmker. If, a 3ftar uar'19 dfigenc:e and good faith, Bt.iyer is unable to s:,rovicft 1he Qmnitn,ent and provides Seller wiltlMiffett l'IOl'ice lhar Buyer ,s as unable to obtair, a Commlrment wilhin the Canmitment Period. either party rnay au,cel ftlls Cc,,nct a,,d depaslt wit be o '8Ulded. Buyer's fai re lo pn:Nide Sellar written notice itiat Buyer Is u to obtain a c.ornmitment within the Commllrtierlt
,1 Period wil rRSUlt ii b'feirura r:il Buyer's deposit(s). Oic:e Buyer dulha rnttnv,t to Sell.-. Iha hnciog ccntingency is
4.2 wailfed ana Seller wl be entitled to refain the depO&i1s if tne traNacti0n does net d06e by the 00$ir,g Cate unless (1) the Prop,,,ty
..., sesDelow1he purchue price and either 11'\e parties cannot agree on a l'l6W purchase .Drice or Buyar elects nat to pmcead. QI
e.i tne fl'0Pll1Y related ccnclitions of the Commitment nave not been met (exce,i WhS'I such corufltions are waived by other provisions
"5 of this Cnllract), or (3) another pl0'llisb, d this Contract prowfes far cancellatiol\.
CLOSING
•1 4. CLOSING DA'Tc; OCCUPANC¥. LWess the Oateis .-radJj lhe a..,aro Sm'crb)' any Olhtr in
•B tjs Ccnlrad_ fhe ClcEirl} Dale shal PMJOJl!I all olh&rtme iroutvlg, b.4nClt mted to, npec1a1 an::f &,atci,g r:eiod9. 'This
.a· Connet M be closed en Aug.2nd , 2008 ('Oosing eatei at the tme esrat:ished bJ lh8 dosirl1 i1Q9'1f, by V10ch 1irns Seller so M (a) have llltTICMO .Ill pe,scna itern!I and trash trom v,e aid the Pt0PMY daan deh&r lt-e deed. 0CCUPEW"ICY s, possessfa\ aio,,g IMlt"t an lef.., ga,age doer and scoess codas, to Buyw. If on Closing Ortte inuanc:e in::terwritir,g is
52 Buy.- dosing IJf.') to 5 dcr)49 aflet ltie insi.nr,ce SIJ9SJ8'lS01 is lfted. If1hS trarisaclion doe;net Close ft7 art/
SG • reum -.1lleea,ce.eiuMrf.J,aa:sod8tiaidOCUm91tSandahl'iteng
L-.J Saller · ·· acknowledge receipt of a COf'/1 of tt,is page. vmich is Page 1d a Pagss.
02007 Fl 'daAssaa OflOI RN" NRi
AVM!N!STRAT!VE COMPLAlNlj
EXJ-1:srr #-1----------
ss 5. CLOSING PROCEDURE: COSTS: Clcang wil ta1a! piam in me mJfttJ v.t'BBh 16 locatsd arl2 rr1t/ be by sa ma1a EK1nri:meens. tf title insurance lnau,es Buyer for tide defectS arising between the title bnder efedlve oate and reoo,ding &7 o1 Buyer'& deed, clO&ing agent wlll disburse at dosing the net sale proceeas to Sellar and brokeraQa fees to Broker as Per 5S Peragapt,19, In addition to other e,q;,enses s:,rtWided in1his Contract. Seller and Buyor willpay1he costs Indicated t>f.law.
SQ (a) Seller Co$1s:
Taxes Md $1l1aCeS the deed
'' OAtehmr.dng fms fa doa.metllS needed IO CUIB1llle
a· Salm'wil gay l-t:> to$ a % (1.5% If alhe pic&farqJ8i,s 1D i1sNi r'Rspai, &&• Lid"); arr.1lC) tD $ a %(1.5% If eft afh l).ld1ase-tr CJ'gil'IST1ballltit1t 66· &-Id ("WOO Rapu' unit"); cl\d Lr, to $ c,- % (1.51¼ if t&'ok) d 1h11 pudae JJice fa CCElls
88 asaaaatedwlr'I out cpn'permits ir1dcblaiit lg fllQUl8CIP8ffitsfa ("Pcmit Lmt").
67 (b) Buyer COSIS:
&a Ta)(eS and recording fees onnotes and mortgages
aa Reccrdng fees an1he deed and financing statements
70 Loan B)fJ)Sn&e&
?1 Lender's title.pa&cy
Inspections
7'J Survey
,.s- 00,er:
7.c Flood insurance, homeowner insurance, hazard insurance
76 (c:) Title E,-tdence and lnsu,.,,ce: Check (1) or (2):
rr a (1) The tille euidence wid be a P3regrach 10(a)(i) ov.,,er'& title inso,ance commitrnenl □Seller will select 1he tme agent
,e• and WiP pay fer lh• owner's tltle t)Olicy, searet,, examinati'.01'1 and related charges or raBuyer will select !he title agent and pay
,.. for the owrier's UUe pdjcy. seartt,, examlnatial and raated c;tiarges or a Buyer win select the dlle agent and Saller v.t pay far the owners title policy, seardl, examination and l1!laT.ed cnarges.
e,· Q (2J Saller wl gmvjde an abstract as specified in Paragraph 10(8)(2) as title e1t1dence. a s.ller Q B'¥9" WIii pey far the
e2 owner's tills ,xiicy and select the title ag&'\t. Seller will pay fees fa' tide sea,cnes llri0r to closing, indudlng tax seerttt and
ta en 9li!8ff.lh fees, end Buyur w'dl fees for title &88tthes after dOsing (If a,,y), title examination fees and dosing fees.
&& (d) Prandions: ihe bloW!ng items wiY be made CU"9l'1I (If eoplcable) and prcrated as of tt,e da, before Closing Date: real es estare WfeS, interest, bonds, asseaments, association fees, insurance, rents Bt"ld other current eicperises and revenues of lhe as If taxes and assessments far the CUtrBnt )Gr r.amot be determined, taxea shaJI be prarated an rne basis of ta>ces fa'
111 the ,:irecedklg )e8f' as of 1he day bef01'8 C1osing Date and shall be computed and ra.sdJUSlea when the currant taxes are ea detetmiJ1fld wilt, adjustr,,ent for exemptions and lmotovements. If there ant completed improvements on the Propa'l'/ by ee January 1 of1he year of lhe Closing Dale, wtich ilTlpl'OV8Tlenbi were not in EPdsterioe on January 1 of the prior taxes &ha! QO be p,orated based an the prior year's rr,iqage and at an ea l:st)1a aamssmen,: to be agn!9d ur,an by the parties prior to OasirQ g, Date. failing wtlich, J8Que&t will bl made to the C.OUnty PrDpat, Appraiser for an infamal IS5'88Sffl8'U Taking 11'\to consideration &2 iV$lable exempucns, If Iha Cour,ty Propeny .Appraisel' is unable or ul1Wld1119 to pe,form aninformal asseosnient prior to Clo5iOg Oate, Buyer and Salta,IMII &p11t lhe am of a private rQll'alser 10 peform an assessmait prior to Closing Oare. Nothing irl this
a& paragraph snail act to exter,d U'le Closrlg Da1e. lns J:)f'0\'lslOr'I shall SUMVe dosi,g.
8' (a) Spacial Asse&&manl by Public Body: Regarding soacial assessments imposed by a oubl1c body, Seller wtll pay (I)1he U
amount of liens that are certified, confi,med and ratified bBfcre clO&ing and OQ lhe amount of the last estimate o( the assess,ner,t a7 if an impn)'Wll'T'llll ls SLlbalantlally completed as at EJfectili'e Date but has not resulted in alien before closing, and Buyer wl pay ta• all ether amounts. If special assessment! may be paid in instahmarirs a Buyer O Seller (rf left blank, Buyer) shall pay 1111 instaarnerns due after closing. If Sellar Is a,ecked, SaU• wlll pay the assessrrB1t in fuQ prior to or at the time of dosing. Public
100 does not inclUda a1-iarnaownar Assocfc!jior, or COnctaminum Association.
101 (fJ Tax Wdtlhalding: Buyer and Seller will cx,rnpllj with the Fotagn lnvss1ment in Rsal P,openy Ta,( Act. "'1'1ich may reQUirB
a a
102 Seller lo provide additionat cash at closing if Sell81' Is a "foreign person" a.s dafinEld by federal law.
1m- (g) Home wamtnty: Buyer Saller 0 NIA wiU pay for ahome warrantY plan issued by at
'°'- cost not Lo exceed S. • A hems wananty plan pJOllioes for repair or replacement of many of a home's mecnanical
" 15 e,i\ems and major built-In appliances in the ewint of breakdown due10 normal wear and tear during the agreemanl period.
,7
ADMINlSTRAlji:.JE
EXHiB!T #.,..."7,,,,1-f
0 AGE OF
'":' -- ---- --
1tl 7. REAL PROPERTY DISCLOSURl:S: Saller represents that Saner dOas not know of any facti that materially affect the value
114 cit the Pit,pe,ty, including but not limited to violations of governmental laws. rules and regulations, other than1hose that Buyer
11.s can reedlly observe or lhar areknown by CY have been dlsdo.Sed to Buyer.
111i (a) Energy Efl'icierw;y. Bur- acicnowtedges receipt of the ene,gy-efliclency info,mation broehUre ,equirsd by Section 553.996,
11'1 F7orida Statulm.
,,a (b} Radon Gas: Radon is a naturally occurring radioactive gas rt'lat, wt,e,, It has accumutaled in a buacflng in aufticlent ns ciuantities, may present health risk:; to persons who are PJX>Sed 10 it tirne. LMS of radon that ewceed federal and
state guidelines have t,eer, found in buildings in Florida. Add'itional information regarding radon arid radon testing meJ be
obtained from your county put>fic healtl'I unit. Buyer mat 'Mthin tne Inspection Period, have an aa:,ap,iale!Y Ucen9ed pnon
test the Property for radon. If 1he radon ISWII exceeds acaedable EPA standards. Seller may chooso to reduce the radon
tne
123· lewl to an acceptable EPA level, failing INtlieh eilher pa,ty may cancel this Contract.
1u (c) Rood Zone; Buyer Is advised l0 'll8rify by su wirh lender and Vvflh approgriata government agencies which flood
,zs zone the PrDJJlilf'tY js in, whetier flood insurar,ce is reciulrad and restrictions aRJl'i to ifT'PO\'tng the Pn:,perly and r&buading
120 in1hs N:int of casuall)l If the PropErty is in a $pedal Rood Haza,o Area a CoaSlal High H82BrCI Area and the buildings are bull
,21 below the mniml.Jm 1100d elevation, Buyer may cancel 1his C.oitraet by de!Nering written notlCf: to Seller wilhin 20 ciays trorn
12a Effective Date, fakng vmich Buyor sccept5 the exilittlg elevation of the bu ings and zor,e ClesignatlOl"Id 1he Ptopetty.
,a (d) Homeowners• Associa1ion: If memben.hip in a homeowners' association la mandato,y, an association disclosure
130 summa,y is attached and inCO'):lorated ir,to this Contract. BUYER SHOULD NOT SIGN THIS CONTRA.CT UNTIL
131 BUYER HAS RECEIVED AND READ TH£ DISCLOSURE SUMMARY.
l:l'! (e) PROPERTY TAX DISCLOSUAl: SUMMARY: BlNER SHOULD NOT RELY ON ll-1E SB.I.ER'S CURRENT PROPERTY
1:i1 TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED iO PAY IN THE SUBSEQUENT
13' TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENT'S TRIGGERS REASSESSMENTS OF lHE
,as PROPER1Y THAT COULD RESULT IN HIGHER PR0PERN TAXES, IF 'V0U HAVE: ANY QUESTIONS CONCERNING
1ae VALUAllON, CONTACTlriE COUNlY PROPERT'1 APPRAISER'S OFFICE FOR FURTHER INFORMATION.
137 (I) Mold: Mold is part of !he natlnl en\liroriment that, when accumulated in suflicient qLl8ntities, may present health risks to
,as susceptible persons. mare iritormation, cantad the county indoor air Quality specialist or 01ner approp;ate professional,
tl!II (g) Coastal ConstfUCtian Cantml Une: If aw part of the Property ria seaWlld of the coastal eon9ln.icticn corttrol line as
14 0 delined In SectiO,ri 61.053 of the Florida Statutes, Sellar shall provide Buyer with an affldavi'l or as required by !av,,
"' delineating the &ne's locatiar, on the Ptt> unless 81.1yerwai\feS this reQuiramenl iri wri1ing, • The Property being J)l.llth&Sed
14:? may be subjed to coastal erosion end to federal, fit.ate, or l0Cal regulations that govern coastal p,oper1y. inducing delinealion
14 of the c;oa.,tal cor,mC'lion control line, rigid coastal protection structures, beach nouriShment, and tt,e protectk>n of marine
,.. turtles. Addtional inf01TT13don oan be obtained 1i'crn i,,e Aorida Oepartmeot of Enwqnmental Proteotion, inclucllng whe1hEw'
146 there ate significant erosiOl'l conditions associated Wllh the et,ore11ne of1he Pmperty bang purc:hassd.
14cr a Bl¥!'waiVBS 'the right to r&Geive a CCCL affidavit or .SU/'\le)'.
t 4 7 8. MAINTENANCE. INSPECTIONS AND REPAIR: Saller wl keep ffi8 Pn:lpQrty in 1hs S!lffl8 condition fl'om ElecTNe Cale until
•1 & cl06ing, ei«:ePf for normal wear end tear f'Maintena,ioe ReQuirement"I and rega,jl$ ,equited by ttiis Cor'mlset Soller INll ,:mvide
41 access and utUities for Buye & inspeciions. Buyer Will repair all oamages to the Property resulting from tl'le W'specrions,
1 so return the Props ta its pre,-i1131Jeclion condition and prouide Sellar with paid reeeipts for all wo done on Property upon its
,s, completion. If Saller is unable to complete requited repairs or treatments or meet ths Maintenance Requirement prtor to
1s:i closing, Saller wlll give Buyer a credit at dosing for 1he cost r:J lhe repair.a and rnair,tenance Seller was obligated to parform. At 1si closing, Sellar wt assign all assignable repair and treatment c;or,trac:ts to Buyer and provide Buyer Witn paid receipts for all 1s. work done on the Property pursuant to the terms of this Contract At. dosing, Sellar will provide &"8' any written
,55 documentation that all open permits have been dosed out and that Seller has obtained reaulred i>ermtts for improvemer,ts to
,se the Prope
1'' (a) Warranty, Inspections and Repair:
158 (1) Warranty: Sellar warrants that non-teased major appliances and healing, cooling, mechanical, electrical, security, 1ss sprinkler; septic and plumbing systems, seawau, dock and pool eauipment, ij any. are and will be maintained in working 1eo condition until closing; that the structures Oncludir,g roofs, doors and windows) and pool, if a en structurally sound 1&1 and watertight: and that torn or missing sc,eeris and misslrig rooUUea WIN be repaired or replaClld. Sellet warrants mat 1e2 air open permits WIii be closed out and that Saller will obtain arr/ required permits for improvements to the P,ope,ty
,a., prior to Closing Date. Saller does not warrant and is ,,at requited to repair cosmetic conditions. unless the cosmetic
184 COt'ldition resulted fr0m a defect In a. warranted item, Seller is not obligated lo bring any itern into cornpQancs with
i&S existing building code regulations unless necessary to repair a warranted em -Working condition• means operatir,g In
•1 the manner In 1Mlieh the It.em was desig,ed to operate a,,ct •cosm81ic conditions- means aewhetic mperf iOns that
157 do not affecf rhe workiig conaition or the item, lnCIUding Ditted marcite; tears. worn spots and discoloration of floor
188 coverings/Wallpapers/window treatmel'lts: r,ail holes, scr"atches, dents, scrapes, Chips and caulking in bathroom
11111 ceilinglwalls/flcoring/tilelfixtur'es/mirrors: cracked roof tiles: curling or worn shingles; and minor crackS in floor
,,o tileshliridows/drivewayslsldewalks/pool deekalgaraga and patio floors.
171 (2) Professional Inspection: Buyer may. at Buyer's expense, !'\ave warranted items inspeeted by a person who
1 speciali2es ir, and notds an occupational &cerise Of required b'y law) to conouct heme il"ISpections ar wtio holds a Florida
173 llccn8t to repair and maintain the items insoected ( professional ii,spector"). Buyer must, witrlin 5 d from the erid of the
174 • • deliver written 1ce ttiat n not in the conditiOl'I warranted and a copy of lhe partiDf'I of
er L._}an 5eller ,.· owledge receipt of a copy of this page, which is Page 3 of e Pages.
FAR,9 4/07 O ZC07 c,a A=ocia1i°" rOM<" .All Right:RaEsMd
,·: 1·_ ----
j·• ·-.-n n:: CJ.c\··,r u\Irrt
./ 0:-
1;s inspector's written repcrt dealing wi1h such itsms to Sellar. It Buyer fails to deliver timely written notice, Buyer waiVes
m Seller's warranty and accepts the items list813 in subparagraph (a) io their "as is" conditions. excspt that Seller must meet
,n the mainrenance reQulrament.
111 (3) Rep.dr: Sslla, will obtair, repair sstimates aria 1s obligatBd o"ly to make irs necessary to bring warranted items
,eo into the condition wamintsCl. up to tne Repair Limit. Seifer ma)', wllhin 5 da from receipt of Buyer's notice of ilems 1a1 that are not in tne condition warranted, have a seoond inspection made by a professional inspector and wiD report 1ft repair eslimates to Buyer. n ttie first and second inspection repor1S differ and the par,ies cannot re901Ve the differe .
,a;i Buyer arid Seller together will choose, and equally split th& cost of, a third inspector, whose written report will be
1s.i · binding on the patties. If lh8 cost to repair warranted i'8mS eauals or is lass than 1h8 Repair Umit. Sder wtD h 1he
185 ,epairs made in a workmanlike manner by an appropriately licensed parson. If the cast to repair warranted items
exceeds the Repair Limit, either party may cancel this Contract unless either party gays lhe excess or Buyer
111 designates which repairs to rnake at a total COS1 to Sellar not exceeding tt,e Re.Pair Limit and accepts the 0a1snce of
1sa the Property in its ·as is• condition.
,ea (4) Parmi Seller shall close out any oPeri permits and remedy any \liotation of any gcverm,ental including
1ao tlut not f1tnited 10, Obtaining any required permits for improvements to the Property. up to the Permit Limit, and with final
,,, inspections completed 1'10 later than 5 days prior to Closing Oare. tr llnal ir,spectiON cannot be performed duo to delays
19!! by the governmental entity, Clo$ing Date shall be extended for up to 1O days to complete such final inspections. failing
103 'IAlrich, either pany mav cancel this ConlraG1 and depOSl't shall be rafunded. Ir the cost to closa out apen
10. permits or to nimedy arty violation of any governmental entity excaads the Permit Umit, eith81' party may cancel the
is1s Contract unless either party pays the excas& or Buyer accep1s the Property in its ·as is" condition and Seiter credits
196 Buyer at closing the amDUl"lt of tha Permit Umlt.
,e, (b) Wood-De&OOying Organ1$ms: "Wood-destroying crganismq means arthropod or plant life, indud,ng termites. powder-post
,ea beetles. cldhcuse borers and wood-dacaying fung. that oamages or lnfests seasanecl ll«>od in a struc:rura, exducfing tences.
109 Buyer mav. at Buyer's e.pense, have die Proper!.'/ inspectec, by a Florida•hcensed pest cantrol busrieas to determine u,e
200 e,cjgtsnce of oaAt or present WOOd-aestraylng organism infestation end dafflage caused by infeatatiat. If the inspector finds
20, evidence of irtfesratlon or damage, Buyer 'Md defi\l(ll' a copy of the written ,eport to Seller wlri"I 6 from the date
=
of ft'le inspec1ian, If Sellerrreated lhe Property fa lhe fype of weod-des1roylng crganJsrns found, Setklr does not have
to ll'eat lhe Propc,ty again if (i) thereIs no visible live infestatlon, and GO Seller1l'anSfels to Buye, at d acurent full treatment
.264 warranty for the bTle of wood•desfro\.,vlg organisms found. Oltlerwise, Sellar wiD hM 5 days !mm rapt of the inspac;tor's zos report to haw reportad damage e&timated t,, a licEmed bullcing er general contractor and 1r88tment estlmarad by a 11CEJ118d pest con1lal business. Sellw will have treatments and ,ecmirs made by an apprcpriatsly licermed person at Salin
'2/J7 e>cpense up to the WOO Repair Lmit. If Che cost to treat 111d ,epairthe Property e,tcea1S lheWOO ReDair limir. Eil:h8r' party may
2.0a pay the e)(OSSS, fallin.g whicn either PBfll/ ma.v cancel tnis Contract by written notice to other. If Buyer fals to timely ClelNel'1he
209 nSPilCIOrt witten rac:iort. Buyer accepts tna Property "as is" IM!h ,egard to w00Cl-d r,g organiSm lnfastalion and damag&
2,0 subject to the maintenance reaurement.
21, (c) Walk-lhroUgh JnspadianlReinspaction: 8uyer, andlor Buyor's representatiVe, may walk ttlrough tl'le Property solely
it,2 to "arify that Seller tias rnade: repairs required this Ccnlract, has met the Maintenance Requirement ana has met
::ns contractual Obligations. If Buyer, end/or Bll)'llr'a "'J)reseritative. falls to conduct lh inspection, Seller's repair obligations
21• and Maintenance Requirement wlll be deemed fulfdled,
2,s a.RISK OF LOSS: If any portion of the Property is damaged t>y fire or othel' casualty befora do.sing and can be fe$10red by the 21a CIOsir,g Date Ot within 45 days after the Closing Date to substantially the same condition as it !MIS an Effective Date, Saller, m will, at Sellar"c expense, ,esto,e tne PrCC)el'ty and deliu&r writtan notice to Buyer lhat Seller has comgteted the restoration. and
•• the patties wib close the transaction on lhe larer of; (1) Closing Date; or. (2) 10 days after Buyer's recel,:,t of Seller's notice.
2111 Soller will not be obijgated to replace trees. If the ie&toration ce,,nct be completed In time, Buyor may cancel this Contract
220 and Buye,'3 deposit shall be refunded, or Buyer may accept the Pro ''aa is·. and Seller ft credn the deduC1ible and 22, assign the insurance 0roceeds. i1 to B ar at clasit1g In such amOUflfs as are (0 attributable to the Pn>getty and 00 not yet m B)Cpended in 1'9SCorlng the Property to ttie same conoilion as it was on EffectiVe Date.
223 1lT1.e .·>
22" 1 o. 'lln.e: Saller wld marketable title ta the PraDBty 1:7)' statulory warrenty cieea a trustee, pErSOnal rep(eSentative or
guardian deed as appropriate to Sallet"s status.
na (a) Title &ldence: T!Ue eJidfJ10e 1 show legal access to the 8l"ld matketable 1itled record n Saller naccon:lanm wirl Z2'7 a,!Ytr\t ti1te standald.$ adopted by e Flotida Bar. S1Jbjecl aw to tie following tlUe e,rcep1ions. na,e of which pnMlnt residential m use of the Props1y. covenants. easements and restrictkllS d rs:ard. matters of plat cds1lng zoning and g ,egtJali0ns;
.z:?e otl, gas and mineral rights of record if there is no rigl'lt of entry; currant taqs; mortgages lhar Bu will assume: and a.,o ern,rrora,,c;es that Seller wiP d'ISdlarge at a before clasi1g. Sell• will, at least 2 days prior10 dosing, deitlet ro Buyer Seller's &11 choice af one of1tte falloNing of tille MBflCQ, IM'1ich must be gnnllyaccepted;, the county wh8'8 tie Prooerty 6 located m (specify in 5(c) the ssleded )- Sellerwlll use option ('1) in Palm E3eadi eo,.,my and (Zn Miarnl--Oade Cou,lv.
.us (1) A title insurance commitment issued by a AOriaa-1,censea title insurer in the amount cf lhe purchase price and
l!Y subjecJt only to title exceptions set forth1n !his Canltact.
225 (2) An e'ltisling abstract al1ille from a reputable and axisting abstract tlrrn Ut fim, is not e:idstlr,g, then abstract must be
ct by an e · i rrr., ·ng to be an ac.curate synopsis of the iristruments affecting title to the
'-----''IP' dSeifer - owlet1Qe receipt of a copy of this page, Whieh is Page 4 of e Pages.
fld3 Al:ilecialior, or rOAS• All Fllama Raa.81\lad
238 Property recorded in the pub6c records of the county where the Propel'ly is located ana certified to Etrective Date.
However; if such an aostract is not available to Seller, then a prtor owner's lille policy acceptat>le to rne proposed
w i"sure, as a baSe for Rlissuance of eoverage. SeUer will pay 1or copies of all poficy exceptions and an update in a fonnat
241 acceptable to Buyer's dosing agent from the ,:,otlcy effective Oate and certified to Buyer or Buyer's: dosing ace,,t,
242 together with copies ·or a11 aocuments recited in the prior pOlicy and in the update. 1t·a prior policy ls not available ia
243 Seller tnen (1) ab0\18 will be the title evidena,, Tille evidence vvlll be deliVered no later than 10 days before Oosing Date. 2u (b) Tide E>ramlnation: Buyer wl1J exa"rine the tile 8\liderice and deliwr written notjce10 Saller. 'Mthin 5 days from receipt of 2'4$ title evidence bUt no later than Closing Date. of any defects that make tl,e title unmarketable. Seller v.40 have 30 days ftam 2"' receipt of Buye,as notice of defects ("Curative Period, to cura tha defec1s at Sellar's expense, If Seller CUJ8S the defects
,2,7 Within the Curaeive Period. Seller will deliver written notice to Buyer and the parties will dose the transactian or, Closing
246 Date or wRhin 10 d8Y$ fran Buyer's receiot of Seller's notice if Closing Data has gassed. If Seller is unable to cure lhe
:1'9 defect$ wthin the Curali\le Period, s.ner wlll deliver written notice 10 Buyer and Buyer WiU, within 10 C2BY5 from receipt of
2sa Seller's notice. c:ith cancel this Contract or accept tiae with existing defects and ctose 1hs transadion, .
, (c) Suri-,: Ekl)W at Buyer's mpense, haw the Property and written nolice 10 Seller, wilnin 5 ·m¥1mn
s rapt of uvev but no la!e' th31'1 daq, d any Wlcroacmients en the Ptqs\y. "1aOictTruns by1he rs
lfi1 on athEr lallds er deed l'l'liiDiclion«zoning ..;alaliorls, hr, sud, eriCf08d'1menl a- llialafion IMII be l1e8led in the same manner as a
264 tillo defect atldBuyers and Seller's abligatians 'Mil be dumlned in acmdance IMlt1subparagraph (b)
:!Ii& MISCELLANEOUS
2118 11, EFFECTlVE DATfj TIME; FORCE MAJEUAE:
:zs7 (aJ Effective Date: Tho ·Bl'ecti\le Date• of this Contract is the date on which lhe last of the parties inllials or signs and
a def,vers the final offer or counterofler. lime i.c of tho auence far all provisions o11his Conn
259 l,bJ Tme:All time periOds will be computed in business days (a "buSiness daif is every calendar clay except Satuaa Sunday
:ieo end national legal hCllida."ys), If any deadline fella an a S.urday. Sund or national legal holid performance will be due 1he
:is, r,e,cr business da All ti,,,e periods wm end at S:00 p.m. local time (meaning in the county where ttie Proper1y is
Ui2 located) cf the appropriafe day.
2ee (c) Force Majaurr. Buyer or Seller shall not be required to perform 'l1'f'/ abftgation under this Oor,tract er be liable to
2iw each other for damages so long as lhe performance or n0t'l•pe,f°""8nce of the obligation is delayea, caused or prevented
265 by an act of God or force majeure. M ·act of God or ·force majeure"' is defln6Cl as hurricanes. earthquakes, floods, fire.
266 unusual transportation dela . wars, insurrections and 8f1Y other cause not reasonably within the control or the Buyer or 2a1 Sells ana Whieh by ttte •erclse of due dillgenca the oon-perfotming pany is IJl'lablc 1n wnol or in part to prevent or 7168 overcome. All time perioas, including Closing Date. wit be extended tiot to exceed 30 days) for the period that the foroe 20G majeure or act of God is in place. In tne ewnt lflat sucn ''ad.d God• ar •force majeure• event ccntlnuea beyond the 30 zro days in this sub-paragf.lPl'I, either s:,arty may cancel the Contract by delivering written notice to the other and Buyer'S
dep0$lt shall be refunded. ·
1 2. NOTICES: All notices snail be ill Writing and Will be delivered to the parties and Broker by mail, personal deJNery <Y electronic
m media. Except for the notices requred by Paragraph S of this Conlrac;t. Buyer's failu,. to deli.er timely written notice to
27◄' Selle,, when SUCh na1ice is requiJ'ad by this Contract. rega,ding ari,contingencies will 1'911der Iha! conlingency null and
275 void and the Contract will be cans1r1Jed as it the contingency did a,ot axisC, Any no1ice, document or item delivered to 21e or '8Calved by an attorney or lic:ensee fmcluding a transaction brokarj ,epraanting a party will be as effective as if m delillefed tu or by that patty.
11e 1 a. COMPLETE AGREEMENT: This COntreot is lhe entire agreement betWeen Buyer and Sellar. ExQept for brokwa.ga
.279 agreements, no prior or pntsent agreements will bind Buyer, Sellar or Broker unless lncarparatad inlo lhls Contract.
in
280 Modi&c.atlor,s of 1hi:s Contract 'MIi not be binding unless in ting, signed er initialed and del'Mnd by the party to be bound.
281 Signatures. initials, documents ref ced this Cont . oounre,petts and written modlfiealians communicated e111C1r0nic:aDy
or on paper wiU be acceptable for all PUrDOSIS, including delivery, and Will be binding. Handwritten or typewritten tenns
,., inserted 1n or attached to this Contract pravail over s:,reprlnted terms. If any prOvision or tnis Contract Is or beoomes invalid or
284 unenforceable, all remaining pl'0\4sionsi wll 001'1tirtue to be fully ef'feclive. Buyer and Seller wiP use diUgence and good tam, in
.21111 pert'Offlling sH Obligations under this Contract. This Contract 1111ill nOl berecorded in any public records.
2ea 14. ASSIGNASILITY; PERSONS BOUND: Buyer may not assign lhls Contract ""1th0ut Seller-S written consent. The terms 2e1 "Buy•: "Seller," and "Stoker" may be singtJlar ot plural. Thie Contract is binding on the heirs. administrators, executas. aa personal representatl\191ar,d assigns (if i:,ermlfted) of Buyer, S•ller and Broker.
289 . DEFAULT AND DISPUTE RESOLUTION
2DO 15.DEFAULT: (a) S..O.Defaul: If b- 'af'P/ reason ott,a, than failure of Seller to rnak8Seier'& title markslable aftar dligent elfa1. Seller
:2D'I fail9, refuses a neglects to r:,erf0rffl this·eontract. Buyer may choose to i9C'lllfve a nun cl Buyer's deposit \ilAthOUt waMng 1tlG right 1D
*
292 seek damages or to seek perlo'"'ance as per Paragrapn 18. Seller will also be liable to Broker for the full amount of the 31113 br01$ --;.i• J 8Uyer Default If Buyer falls 10 pe,to,rn this Contract wllr1ln lhe limespedfied, lno\ldlf19 timely paymertt of al daposils. may rt-n... :tr. retain and c:oltect all depoelta paid and agreed to be paid as liQuidated damages or to seek specific performance as
Bu)'er _fJJ · d Seller P,Ji/ edge receipt o(acapy o11his e. vvhich ia Page 5 of 8 Pages.
FAA-9 AMot;lal IIIRaeeMd
l-\l)iv i ;\\ i;:;: tte,i t ·, L:. Gli1V 1 , Lf-\. . \J·t ·
EXH!BiT #_,.:,/ _
PAGE-- -- OF _ 9tJ
. a per Paragraph 16; and 8,oEt will, upOf'l demand, re,a:fve SO% of all deposits paid 311d a.greed to be pajd ttc be split eQually among
2a1 Broker) UDw the u am0U/'lt at the brokerage fee.
a 16. DISPllTE RESOLUTION: This Contract wil be cci,stnJed under Aorida law. All contl'0Vereiee, claims and 01her matters in
aavs
question arising out or a relating to this transacdon or'1his Ciontract or lb breach wiU be settled as follows:
3CO . ta) Disputas cancaming an1111emenr·10 deposits mada and agreed to be made: eupr and Seller \Ml nave from tne
301 date cor,fflding demarids are made to attempt to resolve the dispute thmlglh madia1ion. If that fails, Escrow Agent wil
2 submit tne CliSPute, if sc requirecl by Aoriaa raw, lo Escrow Agent's choice of arbitration. a Florida court or the Florida Real
:m Estate Commission (·FREC,. Buyer and Seller will be boUnd by any resulting award, Judgment or order. A broker's
JO& OlJl1garion unm Chapter 475, FS and the FREC rules to tirnelY notify the FREC o1 an escrow dispute and TJmely resolve 1he
:aas escrow dl8pute lhrough mediation, arbitration, interpleader or an escrow dist:Jurwnent order. it' the broker so chooses,
»s appi,oe to brokel'S 011y and does not apgly 10 tiae companies, attam or·other escrow companies
201 (b) All othet disputes: Buyer and Seller wih have 30 oa from tha date a disp\,l!e arises bBtween them to attempt to
:ioa resolve 1he matter through mediation, failing which the patties will resolve the dispute through neutral blr!ding arbit.r&tion
.30ll in the county when, the Property is located. The mrator maY not alter the Contract terms or award any remedy not
a,o prauidea for in this Contract. The award will be based on tho grnter weight of the evidence ar,d WIii stare findings of fact
:m and \tie contractual authority on which it is based. If the parties agree to use discovery, it will be in accoitlance with the a, Florida Rules of Civil Procedure and the art:Jitratar will resolve all discove,y-related diSputes. AA'/ cilsputes wim e real 31s estate Dcens-ee or firm nan,Bd in Paragraph 19 will be submitted to arbitration only if the ficensee's broker conserrt:s in
.11, wnting to becOme a party 10lhe prooeeding. This cJaLJse wlP surwe closing.
!is (c) Mediation and Arbitration; Expensa; •Mediation" is a process in which parties attempt to l'Gl60MI a d!Spute by
:t1fl submitting it to an imoartiaJ mediator who facilitates tne resolution of the diSpute but who is not empowered lo impose a
317 settlement on1M parties. Mediation will be in accorcJancit with the rules of the American Arbitration As&ociation (.. or
3111 other mediator agreed on b tna parties, ll'le parties 'MIi &qLJSlly dMde the med,ation fee, if sny. ·Arbilraiion• is a p,ooass in
11s whicn the pa,tleS resolve a dispute by a hee,ing be1o a neutral person whO deoldflS Tl'le maner and wttose decision is 3!20 bincfng on the pa,ties, Arbitration will be irl accon:sancs witn the rules or the MA or other art>ittata agreed on t:,y the
, parties. EaCh party to arry arbitration IMII pay its own fees, oos,s and eicpenses, ir,clud'ing attom · fen, and will equally
3l!2 split the arbitrators' tees and administrative1aes of arbitration,
s2e ESCROW AGENT AND BROKER
».<1 17. ESCROW AGENT: Buyer and Seller aJthcriza F.saow Agent to ,ecaiw. depcat and hold1unds and ether items in escrow and,
32S sutliect to dearanee, dsburse !hem us:,or, authtlrimion end in scccrdance IMth Flcn:la law and the terms of this CU.tract,
325 indudlng cfiSbnirg brokmQe fess.1he parties agree 1hat Escrow PQent not be fiatie toany person for mlsdef"MIY d esaoNed
327 !tans TO rr Saller, 1.1118SS the mis::19'M!IY is due to E.scrcw Aga,t's IA4llful breacn ct1tisc.antract Ot gross negligen0a. tf Escrot,,
a interpleeds !tie M:iect mafte' of the es0'0W, Escrow AQc'x1t v-il P/J'ltlie fiJng fees and C011tS frcrn the depaslt aid wil rUCCM,'
329 reasonable attare.,,s' fees and costs ta be Daid from ttie escrowed fi.rlcls or eauiva!eot and_charged and awan:led as C0llrt costs in
3.'IO favor of the pnweililg All dalrns against Escro.v Agent w11 be .so long asEscrow I consents to ar'Qtrate.
331 1B. PRO IONAL ADVICE; BROKER UABIL.J'rr. 8rckEr BCNiaee Buyer wt Seller to verify all fads and re,:iraseittatioris that a,e
222 important ta them and to consult an priste professional for legal advice rra- e,campte. inleroretlng contracts, determinng 'lhe w effect of laws on tne Property and ttensaction, status of tiUe, fcreign i,westet reporting requiremenr.s, the efl'ect af pr0peny lying a:i.a partisly or toteJy seawtrd of lhe coastal con811\Jetion c:cntml line. etr:J and for ra,c, prope,ty c:oncfllion. e,Mronmerital and 01her 3U spar;isli2ed Dlice. Buy• ad<rlowladges that Broker does not reside in the Property a,,d lhat all representations (oral written or m otherwisel by 8'olcer are based on SeHer rep,esentations at pubMc tllCCfds. Buyer agrees to rely aol8'y an Seller, pm898iona·l
!131' inapec;torg and gOV8fflffll:fda agancia for \rerification of 1he Propertv candiiian, squa,e footage atd fads Im materially affect
3.'111 Aaperty 8Jyer' and Saler r8808Ctively will pay all 006ts and expenses, Including rms able attomeys' fees at ad lsval&,
3.'Hl incUIT8d by BrckGr arc! 8rokra of(icers, c&rectots, aQE11t6 and employees in connection with or arising fr0m Buyar's or Seller's
340 misstatEment or failure to perform oontractual Otlltgattons. Buyer and Setter hold harmless ana release Brokar and Broker's ClfficerS,
3-11 dtiectors, agenlS a,,d employees from ell hsbffity far loss or damage basecfon (1) Buyen or Seller'S misstatement or fadura to
2 parfo,m COl'ltlBClu8I obigatlons; (2) Broker's performance. at Buye,'a and/or Sella,'s reque.9t, of any task b6yand 11'\e scope cf 3'8 seMces regulated Chapter 475, F.S., as amended, including Stoker's reffml, 1'COmmet'ldariOn or refention of atty vendor. (3) "' p,oducrs or aet\'ice& pro\lided by 8lf'f 11endor; and (4) expenses incurred by 1Jf'P/ ndor, B11yer and Sellltf' each tiS\Jme full
345 responsibllty for selecting and c;ompensatlng their respective vendors. This J]3rBgr8ph wil not relieve Bro!(e( of S18Mory obHgaliom
.-a For purposes of Ins paragraptl, Broker "'11 be treated as a party lo this Cor,1rnct. This paragraph will survtve dosing.
a.7 19. BROl<EAS: The liceneee(s) and brokerag ) named below are collectively referred 10 as "Brcl<et.• Instruction ta Closing
3118 AQent Seller and Buyer direct dosing age11t to disbur9e at dosi,,g thefull amount of the brokerage fees as speclfleci in separete
brokarage agreements with ltle patfi and cooperatiVe agreern6ntS between the brokers, except to 1he exlent Bf'Oker has
retained such fees from the escrowed funds. In lhe absence of such brokerage agreements, closing agent will disburse
3, 5 bmkerage fees as indicated below. This paragraph wiN net be used to modify any MI.S ar other offer of compcmation made by
352 Seller or liGting broker to cooperating brokers.
"J. •, •·•
. afH\ !i\\iC TPflTl'•/r ('"', ,csF•r•ci·•'"' -
oridaAlsodatlon o _
5 ,:. i.,ii'<t< -'1 [ ,;i r 1 -\ t I• ( ,,,.,, ::,\/1'j--.!•L..;•"i; ,. h
I
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f
i-..1\.r-1; L:1 i L.·-
GE 'i,{_p OF ---_-_-_-·-·
3&4• Joyce loVino,, Realtor
3!'6S Sam •Na.
_, Kelly Hill- Realtor
357 LisritlO S.. AslOdll • NO.
Garratt Realtv Services, lnc.-as Mis
Ssd/19 F" Fae:(S ar'lli ctPr//Ctll8f PtQ/
D!'§tin Real Estate Company
Å F'.m/Blalra,ase fes.-(S or i otF'ul1:tma PriottJ
ADDENDA AND ADDfTIONAL TERMS
-i-
a>. ADDl:NOA: The fol addili0nal 1efTnS are induded iri 1he attached addenda and inr.aooralad ir,to 1his Contract (check if
3liO :
a A. Coido. Assn.
382"08. 'Asm.
QH.Aalsw/Agtttolrwped
a1. Inspections
ao. interest-Searing Account
OP, Back-up Contract
Ill V. Pn:lp. Oisdosure Slmt.
OW.J:FPTA
aC. SEia' Ananc,,g 954• □0. Mat. AssiJrrl:ljcn 56" □E. FHA FinancitYJ 3811" a F. VA F'lln'i,g
!!tiT" 0 G. N Mort, Fletes
a J. tn&Ulatlai Dsaosura ca. em-- Pas. lrlt. in Pmp.
a K. Pre-1978 l-lou!lir,g Strnt. (LBP) a R. Rentals
a L insurance cs. 5ale'l.mse of p,q:,eny
QM.HaJSingOckw'Pn>ns CT.Racr,ing
Q N. Leaae au. ignment
Q X. 1001 Exchange
O Y. Additional Causes
OOlher
a01w
3116" 21. ADDITIONAL TERMS: B !.'!fiJ!!!!I .th .!!2..1.!!!!9..!!ller_aft!!r closing far 30 daw at a rental rate of S1,7D.Qi.•..
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As a transaction broker, _ _JlQ..M: :_ ::!::'" - - ...::=:s:=:::::...· andits
associates, prcvides to you a limited form of representation that incl
Deeling honestly and fau1y;
Accounting for all fundS:
Using skill, care, and diligence in the transaction;
Disclosing all known facts that materially affect the \l'Blue of residential reel property and are not readity observable to the buyer:
Presenting ad offers and ccunteroffers in a timatf manner, unleSS aoertY has previOU&ly drected 1he licensee otherwise in writing;
Urnitoo confidentiality, unless waillSd in writing by a party. This Hmited confictent'iality will prevent disclosure that the seller lllliU sccspt a price less than the asking or liStecl 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 ftrmcir,g terms other than those offered, or or 8TTf other irrforrnation requested by a party to remain conlldential: and
Any additional d\Jties that are trtstad into lJ'f this or by separate Written ag,aement.
Limited representation means tnat a bwer er satis nor responsible for the acts of the licensee. Additionally, parties are giving up their rights to the undivided loyalty at the ncensee. This aspect at limited representation allows a ficensee to facilitate a real estate transac1ion by assiSting bath1tle buyer and the seller, btJ! a licensee witl not worl< to represent one party to the detnment of the atl'ler
party when as a transactiOn t>rokerto bolh
X_(i;- Jo--o d><J::-fA,;,.,/an
Date Slgnatura =-tJUT Signatuta
Copy returned to Customer on the "3 0 day of .AA""' e-,,_ oy: Q oersonal delivery □maH a E-mail ile.
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lllis1orm is awilatlle rcr use br1"oa entire real 11818l'e ir,CIUS\l'y and ie l10t ,ntMded ID 1c1et11ify 1tte IJ9efy a REM.rof\. Rk.TC>f' a:ll a rmglstereo CClleC1ive member.lhip rnatk wtlic:n rray beUEed cr, Dy real mate wno are members of Nllllanal AAociation ,,r A$LT0Rs ar.c1 ""1o S1Jbscrltia ta 1ta Code of !'thica. Tha 1
laws of tt,e Unlrer!I Slatea (17 U.S. Code) fOll:lid the unlllJ\l'IOlized rep,ocluction of t:llank bffls by ar,y maarc includ1,.g TaclVYlle 0t e,Udtorn,s.
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EXHIBIT # /
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FnNn: jarthur (iarthur@garrettreatty.com) Sent SUnday, August 10, 2008 5:12 PM To: jarthur@garretlreally.com
Subject: FW: Deposit in escrow for 696 Ricker Ave. Santa Rosa Beach, Ft
From: jarthur [mailto:jarthur@garrettrealty.com]
Sent: Friday, August 08, 2008 2:01PM To: jarthur@garretttealty.com
Subject: FW: Deposit in escrow for 696 Ricker Ave. Santa Rosa Beach, Fl
From: iovino [mail1D:iovino_2000@yahoo.com] Sent: Wednesday, August 06, 2008 6:47 AM To: jared bradley
Cc julia arthur, blahe; Judith hambrick; Peggy Hamilton; kelly liil;Michael mead; melody@destinproperties.com
Subject: Deposit in escrow fOr 696 Ricker Ave. Santa Rosa Beach, Fl
Hello Jared,
As per our phone conversation yesterday, Aug. 5th. regarding the release of the deposit in escrow for 696 Ricker Ave.
You told me that all parties involved must agree in writing before the deposit can be released, including Garrett Realty Services,Inc.
We have consulted a Real Estate Attorney for interperation of the sales contract for 696 Ricker Ave. The Attorney says that neither the seDer nor the hayer has the option to cancel the sales contract until the 1.5% r r clause(# 63) has been fullfilled. as this is the ONLY contingency.
The attorney says that a repair quote must come from a qualified lisened contractoc who specializ.es in the specific repairs deemed to be required. The repair quote must to be for WARRANTED items only. If the WARRENTED repairs are less than l.5o/o., the contract can not be canceled.
Until this repair clause is fullfilled as per sales contract, Garrett Realty Services. Inc. feels that both parties are still bound by the terms of the contract and does NOT give permission for the escrow deposit for 696 Ricker Ave. to be released.
Thankyou,
Joyce Iovino- Realtor- Cell 850 225 0990 Garrett Realty Services, Inc
I
,. 8/11/2008
ADMINISTRATIVE COl,/iPLAi.! • 0
EXHIBIT # J_ ·---,-- ·=~ -•-=''""
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I P'AGE
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P.O. Box2315
Santa Rosa Beach, FL 32459 850-225-0990
October 26, 2008 Diana L. Woods
Investigation Specialist II
Bureau of Enforcement 7946 Front Beach Road
Panama City Beach, FL 32407
RE: DBPR Case# 2008-049170
Dear Ms. Woods:
I am in receipt of your letter dates October 8, 2008. I apologize for the delayed response due to the fact that I just received the letter on Friday October 24, 2008 because I was out of town and do not work out of the Miramar Beach office.
I have included as an attachment (Attachment #1) a copy of the complaint submitted by Ms. Arthur with the paragraphs numbered for the purpose of responding to specific remarks. My numbered responses (which correspond to the numbered paragraphs) are as follows:
False. Although we did discuss the problem on this date, Ms. Hamilton was NOT going through a divorce; she was suffering from buyer's remorse. She has been divorced for 4 years.
False, she did not ask for a copy of the e-mail nor did she ask for further details regarding the e-mail. She did not have to ask for it four times over the next week because a copy of it was in the office file the whole time along with all other related documents. -
True, see response # 2 above.
True, I did discuss the situation and ask for input regarding how to proceed. She is the broker and that is proper procedure. However, contrary to her implication, she knew before this that there would likely be a delay due to the fact that the seller needed more time to get their own inspection and estimate. See Attachments #2 and #3. A copy of this e-mail was also in the office file.
False.
Page2 October 26, 2008
False. We did discuss replying to Mr. Mead. But I felt that it was the broker's responsibility at that point and communicated to Ms. Arthur that I did not feel comfortable doing it. However, she insisted that I send an e-mail and we discussed in detail what it needed to say. I then reluctantly sent the e-mail containing exactly what she demanded.
False. See response# 6 above.
True, I also received the same e-mail that noted a copy had been sent to Marie Garrett. So obviously I did not need to also send a copy.
False, the e-mail (Garrett attachment #3) was sent at the direct instruction of my broker, Julia Arthur. There is NO misrepresentation. Also, I have never represented myself as the broker, just an agent. In addition, I must note that Mr. Mead kept insisting on sending e-mails to me that should have been addressed to the broker of Garrett Realty.
No knowledge.
True. This letter, which was already in the office file, was irrelevant at this point because the seller was having their own structural engineer report and a contractor estimate to confirm whether the problem was cosmetic or, if not, what the cost would actually be. Up to $20,000 could be $1. See Attachments #'2,' and # 3 again.
VERY FALSE. I told her that I was uncomfortable working for an absentee broker who displayed her lack of expertise during this conversation. I stated that if I could not rely on her support in the future, I was RESIGNING. She was obviously surprised. I reminded her that I had a pending contract and would stay long enough to see it through to closing. The next day she said that if I really intended on leaving, that I should leave now.
False, it was all in the office file the whole time, she was just harassing me.
No knowledge.
No knowledge
False, all pertinent information was in the office file all along. However, I did again provide more copies of previously provided e-mails from my computer.
True, I dropped of e-mails but everything was included and it was all copies of previously provided file copies. False, I was not asked to provide anything else.
No knowledge
No knowledge
,-.,,LilVi 11 1::, I i,,i-\ Ii \I c.. 01.,nv1,i' .J'·,,n i
EXHIBIT rF_L.1------
PAGE "2--. OF _
Page3 October 26, 2008
This e-mail (letter) was old news at this point with several copies having been provided to Garrett Realty previously. Also, the findings of the report were being disputed by the seller at that time. See attachments # 2 and # 3 again, copies of which were previously included in the office file and provided again as requested.
True, but the demand was a breach of the purchase contract and the seller was not agreeable to refunding the deposit at the time that the request was made. See attachments # 2 and # 3 again.
False, See response # 20 above. Also, I never misrepresented myself or Garrett Realty. I only acted in the best interest of the brokerage and only represented myself as a agent. I only followed the terms of the contract and, in fact, followed the advice of the FREC Helpline attorney who I called regarding this matter.
Garrett Realty attachment #I was not included in my package. I have attached a copy of the contract for the record, Attachment# 4.
True, I have been licensed since 1979 as a successful active Realtor with NO complaints ever filed against me. I have done nothing wrong. I do need c0mpetent full time broker support to be available when needed. I was expected to be independent and I performed to the best of my ability. And, yes, it is a job. We Realtors do work for commissions.
Frankly, I don't believe that this is a DBPR issue. It is a broker-agent issue. There can be anger from a broker when a successful agent changes broker affiliation. I feel that Ms. Arthur is being resentful and bitter and I am sorry that she feels that way. I feel no malice toward her and have moved on.
Sincerely,
Joyce Iovino Realtor
Ocean Reef Realty, Inc. 800-782-8736 office
850-837-3935 local
850-654-4651 fax
850-225-0990 cell
