Preview
Filing # 115941879 E-Filed 10/31/2020 05:14:56 PM
IN THE CIRCUIT COURT OF THE 18TH
WILL ROBIN REAL ESTATE 1 LLC, a JUDICIAL CIRCUIT IN AND FOR
Florida company BREVARD COUNTY, FLORIDA
Plaintiff, Case No. :
VS. COMPLAINT FOR SPECIFIC
PERFORMANCE
PAUL D. PRICE
Defendant. i:
The plaintiff sues the defendant for specific performance on a residential real estate
purchase and sale contract for the property located at 2472 Victor Road, Cocoa FL 32926
(“Property”) and for other relief, and alleges:
JURISDICTION, PARTIES AND VENUE
1 This is an action for specific performance within the jurisdiction of the Circuit
Court under § 26.012, Fla. Stat.
2. The plaintiff is a Florida resident.
3 The defendant is a Florida resident.
4 Venue is proper under § 47.011, Fla. Stat. because the defendant resides in
Brevard County, the causes of action acerued in this County and under the local action rule,
venue is appropriate because the Property is located in this county.
STATEMENT OF FACTS
5 This is an action for specific performance of a contract to convey real property in
Brevard County, Florida.
6. On September 18, 2020, the plaintiff's predecessor in interest FOXYBNB LLC
(“Foxy”) and defendant entered into a written contract for the Property. The contract was
extended once. Copies of this contract and extension are attached. Foxy then assigned the
contract as extended to the plaintiff. A copy of the assignment is attached.
7. At time for closing, the plaintiff tendered the purchase price to the defendant and
requested a conveyance of the Property which is described in the contract. However, the
defendant refused to convey the Property.
8 The defendant has refused to accept the tender or to make the conveyance and has
not responded to requests to convey or demands.
Filing 115941879 VS 05-2020-CA-048612-XXXX-XX
9. All conditions precedent have been fulfilled, waived or would be futile.
COUNT ONE — SPECIFIC PERFORMANCE
10. The plaintiff readopts and realleges the allegations stated in paragraphs 1 through
9 above.
11. The plaintiff offers to pay the purchase price for the Property.
WHEREFORE plaintiff demands judgment requiring the defendant to perform on the
contract, and for damages and attorney’s fees.
Dated: October 31, 2020 /si Michael Farrar
Michael J. Farrar, Esq.
Fla. Bar No. 634921
18851 NE 29th Ave. # 700
Aventura FL 33180
Tel.: (305) 749-2500
Fax: (305) 513-5887
michaelfarrar@atlanticbb.net
-2-
Filing 115941879 VS 05-2020-CA-048612-XXXX-XX
WUUUOIY! ClivEIUpY IL. COmOr EYL: yyOINYOMAUL
DA oocoreZeo
ee
abe
a
<.,
SK
PURCHASE AND SALE AGREEMENT
FOR REAL ESTATE
THIS AGREEMENT is made this 31 TH day of AUGUST, 2020, by and between
hereafter called Seller(s), and and/or assigns,
hereafter called Buyer. Buyer and Seller shall hereafter jointly be referred to as the “Parties’
I, DESCRIPTION OF THE PREMISES, Seller(s) agrees to sell to Buyer the property
located at 2472 VICTOR RD COCOA, FL 32926
Description Written as Follows: Condition
AS IS
Description is including any fixtures, window and floor coverings, built-in appliances, draperies
including hardware, shades, blinds, window and door screens, awnings, outdoor plants, trees, and
other permanently attached items now on premises.
1 PURCHASE PRICE.
The Selier agrees to convey property to Buyer for the sum of $ _ 60,000. 00
with earnest money in the amount of 500.00
a . ~
TOTAL SALES PRICE (CASH) 60 000.00
oe
(Earnest Money is Included in Total Purchase Price)
Il. TERMS. The following terms are applicable to this contract
1) Closings costs, attorney fees, transfer title taxes, title fees and other title costs are to be paid
in the following fashion~ Paid in full by Buyer.
2) Any taxes due, Liens, Encumbrances and or Mortgage owed will be closed and Paid in full
3) The Seller and Buyer will set closing to be on or before Septemb 30, 2020 er
without written
addendum to this agreement.
3.a) ff Seller is still occupying the property, Seller will have 7 days before Settlement
(outlined in Term #3) to vacate the property, If Property is not vacant after this allotted
time, Buyer may, at Buyer’s option, elect to extend the closing for 30 days by written or
verbal communication, or declare this contract null and void.
Filing 115941879 VS 05-2020-CA-048612-XXXX-XX
UCUDIYH CYEIUpE IW, OOROr EMU IYVOIAEEMZDUDAOSEDTELES
Oe
ey
i
8
4) The Title report and survey, if required, will be ordered promptly and, if not available on the
settlement Date or if Issues with Title (such as Probate, Tax Liens, Payoff statements any
other clear title delay) after which this Contract, at the option of the Buyer, may be terminated
and the Deposit will be refunded in full to the Buyer.
5) Seller understand(s) that the buyer is a private investment company that is buying real estate
to make a profit and may be purchasing the Property for immediate resale and profit even as
soon as the day of closing. Both parties agree that the subject property is being bought/sold in
its current “AS 1S” condition.
6) The property is being sold as-is, where-is with all defects in condition being at the sole risk of
the Buyer. Seller shall not be responsible for any repairs of any kind whatsoever, including
repair of damage caused by and resolution of wood destroying organisms. Further, Seller
does not warrant that any work done on the property by Seller or anyone previously owning
the property was done to code or with permits.
7) Earnest money to be held in escrow by Buyer's closing Title Agency: Millennial Ti itle LLC
Mab 8 4i
g a mp 9 OFF
8) Earnest mot ey non-refundable to Buyer unless title is non-conveyable or Seller is not
available to close within time period of this contract.
9) If Inspection does not pass Buyer Standards, Buyer may terminate this Agreement by written
notice to Seller within 12 business days of Ratification of Agreement, in which event the
earnest money shall be refunded to Buyer.
10) Seller to provide Buyer with permission to access property for purposes of conducting
Buyer’s inspections, collect bids from contractors, designers, other potential buyers and
buyers realtor(s) prior to closing, with a reasonable notice from buyer to seller.
11) Any furniture, fixtures, attachments, and debris located in and around property not removed
within day of closing become ownership of Buyer.
12) This offer is contingent on the Seller providing a clear title to the Buyer. The Buyer will have
the allocated time period stated in Term #4 to determine if the title is insurable. If the title is
not insurable, this agreement shall be terminated, and all earnest money will be refunded to
Buyer.
13) Seller consents to give Buyer the right to post the Property on all websites, including but not
limited to the Multiple Listing Services.
14) Seller represents that the property is currently not under a lease. Buyer will be given sole
occupancy at closing unless otherwise specified herein.
Filing 115941879 VS 05-2020-CA-048612-XXXX-XX
BULUOIYH CIIVEIUpE IL), Conor GYL- lwyO-HATO-MZOU-OM
OOEOr LEO
7
oy
Docusigned ta
ee wR 8/31/2020
BUYER: panaansesada: DATE: eonpumenermrntmennemine
DAMON HART on Behalf of
FOXYBNB LLC
=
wee by:
et 8/31/2020
SELLER: OIDECABEI283424,. DATE nee ieee
PAUL D PRICE
Filing 115941879 VS 05-2020-CA-048612-XXXX-XX
DocuSign Envelope ID: B29AC32D-649C-4149-8CB2-DE7C9DD39D83
ee
ae
septenber 18 2020
Addendum No, __ to the Contract dated_. between
FoxyBnB LLC
ae (Seller)
will Robin Real Estate 1 LLC
and (Buyer)
concerning the property described as:
2472 VICTOR RD COCOA, FL 32926
os nee
(the "Contract’}. Buyer and Sefler make the following terms and conditions part of the Contract:
i. Buyer and Seller agree upon a new purchase price of $70,000.00
2. Buyer and seller agree all other terms shal} remain the same.
‘DocuSignes by:
9/22/2020
Date:BF Buyer: GULL Robin.
greens 18813493,
Date: _ Buyer:
c- ‘DocuSigned by:
LFEE. Ve
9/21/2020
Date: Selter: hE
Cm abesaacaesoner2
Date: Selfer:
This form is available for use by the entire real estate industry and is not intended to k ify the useras a Reactor. Reattor is a registered collective membership
mark that may be used only by real estate licensees are members of the National Association | and who subscribe to its Code of Ethics.
The copyright laws of the United States (17 U.S. Coda) forbid the unauthorized reproduction
of tlank forms by any means including facsimile or computerized forms.
ACSP.20 Rev. 6/94 ©1994 Florida Association of Reairors® Al Rights Reserved
wee Sator 2
Filing 116941879 VS 020. 2-XXXX-XX
DecuSign Envelope ID: 040D4D60-B395-4B8E-AF 27-C19DD76BB6B86
Assignment of Contract Sale
In consideration of an assignment fee, other good valuable consideration, a non-refundable escrow deposit
in the amount of $5,000,00 to be wired September 21, 2020 and held at the office of Millennial Title, LLC and
mutual benefits to be derived by all parties of this assignment, the undersigned, FoxyBnB LLC, does hereby assign
to all rights, interests. suits, claims, and titles in and to a contract of sale dated
August 31, 2020 by and between, FoxyBnB LLC as purchaser, and PAUL D PRICE, as seller. concerning such
property located at 2472 VICTOR RD COCOA, FL 32926.
Will Robin Real Estate 1 LLC agrees to a total assignment contract price of $68,000.00 which consists of
the original contract price between FoxyBnB LLC and PAUL D PRICE.
And the assignment fee due to FoxyBnB LLC at closing.
As per stated in original contract, buyer will pay all closing costs with some exceptions. Will Robin Real F ite 1
LLC hereby agrees to close escrow and fulfill all of the obligations of the above reference contract on or before
September 31, 2020. Buyer hereby agrees to grant the seller a post occupancy agreement fo reside at the property
29 days after closing. A separate post occupancy agreement will be provided with specific terms outlining the post
occupancy agreement.
The Assignee has a 0 day inspection period, effective September 18, 2020
Closing date to be held on or before September 31, 2020.
Millennial Title, LLC
3202 S. Dale Mabry Hwy
1
Tampa, FL 33629
DocuSigned by oo
LE
AOSERCSESIOIPT.
Assignor, Damon Hart - Managing Member FoxyBnB LLC
This Assignment of contract for sale executed the September 18, 2020
‘Docusigned by:
ge
ET ORED TEREST
Assignee, Will Robin Real Estate 1 LLC
This Assignment of contract for sale executed September 18, 2020
Filing 115941879 VS 05-2020-CA-048612-XXXX-XX
Preview
Filing # 115941879 E-Filed 10/31/2020 05:14:56 PM IN THE CIRCUIT COURT OF THE 18TH WILL ROBIN REAL ESTATE 1 LLC, a JUDICIAL CIRCUIT IN AND FOR Florida company BREVARD COUNTY, FLORIDA Plaintiff, Case No. : VS. COMPLAINT FOR SPECIFIC PERFORMANCE PAUL D. PRICE Defendant. i: The plaintiff sues the defendant for specific performance on a residential real estate purchase and sale contract for the property located at 2472 Victor Road, Cocoa FL 32926 (“Property”) and for other relief, and alleges: JURISDICTION, PARTIES AND VENUE 1 This is an action for specific performance within the jurisdiction of the Circuit Court under § 26.012, Fla. Stat. 2. The plaintiff is a Florida resident. 3 The defendant is a Florida resident. 4 Venue is proper under § 47.011, Fla. Stat. because the defendant resides in Brevard County, the causes of action acerued in this County and under the local action rule, venue is appropriate because the Property is located in this county. STATEMENT OF FACTS 5 This is an action for specific performance of a contract to convey real property in Brevard County, Florida. 6. On September 18, 2020, the plaintiff's predecessor in interest FOXYBNB LLC (“Foxy”) and defendant entered into a written contract for the Property. The contract was extended once. Copies of this contract and extension are attached. Foxy then assigned the contract as extended to the plaintiff. A copy of the assignment is attached. 7. At time for closing, the plaintiff tendered the purchase price to the defendant and requested a conveyance of the Property which is described in the contract. However, the defendant refused to convey the Property. 8 The defendant has refused to accept the tender or to make the conveyance and has not responded to requests to convey or demands. Filing 115941879 VS 05-2020-CA-048612-XXXX-XX 9. All conditions precedent have been fulfilled, waived or would be futile. COUNT ONE — SPECIFIC PERFORMANCE 10. The plaintiff readopts and realleges the allegations stated in paragraphs 1 through 9 above. 11. The plaintiff offers to pay the purchase price for the Property. WHEREFORE plaintiff demands judgment requiring the defendant to perform on the contract, and for damages and attorney’s fees. Dated: October 31, 2020 /si Michael Farrar Michael J. Farrar, Esq. Fla. Bar No. 634921 18851 NE 29th Ave. # 700 Aventura FL 33180 Tel.: (305) 749-2500 Fax: (305) 513-5887 michaelfarrar@atlanticbb.net -2- Filing 115941879 VS 05-2020-CA-048612-XXXX-XX WUUUOIY! ClivEIUpY IL. COmOr EYL: yyOINYOMAUL DA oocoreZeo ee abe a <., SK PURCHASE AND SALE AGREEMENT FOR REAL ESTATE THIS AGREEMENT is made this 31 TH day of AUGUST, 2020, by and between hereafter called Seller(s), and and/or assigns, hereafter called Buyer. Buyer and Seller shall hereafter jointly be referred to as the “Parties’ I, DESCRIPTION OF THE PREMISES, Seller(s) agrees to sell to Buyer the property located at 2472 VICTOR RD COCOA, FL 32926 Description Written as Follows: Condition AS IS Description is including any fixtures, window and floor coverings, built-in appliances, draperies including hardware, shades, blinds, window and door screens, awnings, outdoor plants, trees, and other permanently attached items now on premises. 1 PURCHASE PRICE. The Selier agrees to convey property to Buyer for the sum of $ _ 60,000. 00 with earnest money in the amount of 500.00 a . ~ TOTAL SALES PRICE (CASH) 60 000.00 oe (Earnest Money is Included in Total Purchase Price) Il. TERMS. The following terms are applicable to this contract 1) Closings costs, attorney fees, transfer title taxes, title fees and other title costs are to be paid in the following fashion~ Paid in full by Buyer. 2) Any taxes due, Liens, Encumbrances and or Mortgage owed will be closed and Paid in full 3) The Seller and Buyer will set closing to be on or before Septemb 30, 2020 er without written addendum to this agreement. 3.a) ff Seller is still occupying the property, Seller will have 7 days before Settlement (outlined in Term #3) to vacate the property, If Property is not vacant after this allotted time, Buyer may, at Buyer’s option, elect to extend the closing for 30 days by written or verbal communication, or declare this contract null and void. Filing 115941879 VS 05-2020-CA-048612-XXXX-XX UCUDIYH CYEIUpE IW, OOROr EMU IYVOIAEEMZDUDAOSEDTELES Oe ey i 8 4) The Title report and survey, if required, will be ordered promptly and, if not available on the settlement Date or if Issues with Title (such as Probate, Tax Liens, Payoff statements any other clear title delay) after which this Contract, at the option of the Buyer, may be terminated and the Deposit will be refunded in full to the Buyer. 5) Seller understand(s) that the buyer is a private investment company that is buying real estate to make a profit and may be purchasing the Property for immediate resale and profit even as soon as the day of closing. Both parties agree that the subject property is being bought/sold in its current “AS 1S” condition. 6) The property is being sold as-is, where-is with all defects in condition being at the sole risk of the Buyer. Seller shall not be responsible for any repairs of any kind whatsoever, including repair of damage caused by and resolution of wood destroying organisms. Further, Seller does not warrant that any work done on the property by Seller or anyone previously owning the property was done to code or with permits. 7) Earnest money to be held in escrow by Buyer's closing Title Agency: Millennial Ti itle LLC Mab 8 4i g a mp 9 OFF 8) Earnest mot ey non-refundable to Buyer unless title is non-conveyable or Seller is not available to close within time period of this contract. 9) If Inspection does not pass Buyer Standards, Buyer may terminate this Agreement by written notice to Seller within 12 business days of Ratification of Agreement, in which event the earnest money shall be refunded to Buyer. 10) Seller to provide Buyer with permission to access property for purposes of conducting Buyer’s inspections, collect bids from contractors, designers, other potential buyers and buyers realtor(s) prior to closing, with a reasonable notice from buyer to seller. 11) Any furniture, fixtures, attachments, and debris located in and around property not removed within day of closing become ownership of Buyer. 12) This offer is contingent on the Seller providing a clear title to the Buyer. The Buyer will have the allocated time period stated in Term #4 to determine if the title is insurable. If the title is not insurable, this agreement shall be terminated, and all earnest money will be refunded to Buyer. 13) Seller consents to give Buyer the right to post the Property on all websites, including but not limited to the Multiple Listing Services. 14) Seller represents that the property is currently not under a lease. Buyer will be given sole occupancy at closing unless otherwise specified herein. Filing 115941879 VS 05-2020-CA-048612-XXXX-XX BULUOIYH CIIVEIUpE IL), Conor GYL- lwyO-HATO-MZOU-OM OOEOr LEO 7 oy Docusigned ta ee wR 8/31/2020 BUYER: panaansesada: DATE: eonpumenermrntmennemine DAMON HART on Behalf of FOXYBNB LLC = wee by: et 8/31/2020 SELLER: OIDECABEI283424,. DATE nee ieee PAUL D PRICE Filing 115941879 VS 05-2020-CA-048612-XXXX-XX DocuSign Envelope ID: B29AC32D-649C-4149-8CB2-DE7C9DD39D83 ee ae septenber 18 2020 Addendum No, __ to the Contract dated_. between FoxyBnB LLC ae (Seller) will Robin Real Estate 1 LLC and (Buyer) concerning the property described as: 2472 VICTOR RD COCOA, FL 32926 os nee (the "Contract’}. Buyer and Sefler make the following terms and conditions part of the Contract: i. Buyer and Seller agree upon a new purchase price of $70,000.00 2. Buyer and seller agree all other terms shal} remain the same. ‘DocuSignes by: 9/22/2020 Date:BF Buyer: GULL Robin. greens 18813493, Date: _ Buyer: c- ‘DocuSigned by: LFEE. Ve 9/21/2020 Date: Selter: hE Cm abesaacaesoner2 Date: Selfer: This form is available for use by the entire real estate industry and is not intended to k ify the useras a Reactor. Reattor is a registered collective membership mark that may be used only by real estate licensees are members of the National Association | and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Coda) forbid the unauthorized reproduction of tlank forms by any means including facsimile or computerized forms. ACSP.20 Rev. 6/94 ©1994 Florida Association of Reairors® Al Rights Reserved wee Sator 2 Filing 116941879 VS 020. 2-XXXX-XX DecuSign Envelope ID: 040D4D60-B395-4B8E-AF 27-C19DD76BB6B86 Assignment of Contract Sale In consideration of an assignment fee, other good valuable consideration, a non-refundable escrow deposit in the amount of $5,000,00 to be wired September 21, 2020 and held at the office of Millennial Title, LLC and mutual benefits to be derived by all parties of this assignment, the undersigned, FoxyBnB LLC, does hereby assign to all rights, interests. suits, claims, and titles in and to a contract of sale dated August 31, 2020 by and between, FoxyBnB LLC as purchaser, and PAUL D PRICE, as seller. concerning such property located at 2472 VICTOR RD COCOA, FL 32926. Will Robin Real Estate 1 LLC agrees to a total assignment contract price of $68,000.00 which consists of the original contract price between FoxyBnB LLC and PAUL D PRICE. And the assignment fee due to FoxyBnB LLC at closing. As per stated in original contract, buyer will pay all closing costs with some exceptions. Will Robin Real F ite 1 LLC hereby agrees to close escrow and fulfill all of the obligations of the above reference contract on or before September 31, 2020. Buyer hereby agrees to grant the seller a post occupancy agreement fo reside at the property 29 days after closing. A separate post occupancy agreement will be provided with specific terms outlining the post occupancy agreement. The Assignee has a 0 day inspection period, effective September 18, 2020 Closing date to be held on or before September 31, 2020. Millennial Title, LLC 3202 S. Dale Mabry Hwy 1 Tampa, FL 33629 DocuSigned by oo LE AOSERCSESIOIPT. Assignor, Damon Hart - Managing Member FoxyBnB LLC This Assignment of contract for sale executed the September 18, 2020 ‘Docusigned by: ge ET ORED TEREST Assignee, Will Robin Real Estate 1 LLC This Assignment of contract for sale executed September 18, 2020 Filing 115941879 VS 05-2020-CA-048612-XXXX-XX