Dixie Van Aernam - Page 3




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          as we proceed.  Our discussion under the heading “Background” is            
          drawn principally from the facts and exhibits stipulated by the             
          parties.                                                                    
                                     Background                                       
                Petitioner resided in Daytona Beach, Florida, at the time             
          the petition was filed.                                                     
                Petitioner is married to Steven (together, the Van                    
          Aernams), and they have been married since December 27, 1979.               
                The Pelican Avenue property (sometimes, the property) is a            
          parcel of real property located in Volusia County, Florida.  As             
          relevant to this case, the property was first owned by Sandra L.            
          Archer, who, sometime in 1993, offered the property for sale.               
          Phillip Niles, a real estate broker representing Steven,                    
          contacted Ms. Archer and informed her that the Van Aernams were             
          interested in buying the property and building a house upon it.             
          By a document entitled “Contract for Sale and Purchase” (the sale           
          contract), Ms. Archer agreed to sell, and the Van Aernams agreed            
          to buy, the property.  The sale contract describes the property             
          as a vacant lot.  The sale contract provides that the purchase              
          price (purchase price) is $14,000, $5,000 of which is to be                 
          deposited in escrow with a broker (Thomas Archer), and the                  
          remaining $9,000 of which is to be paid within 30 days of the               
          contract.  Ms. Archer and the Van Aernams executed the sale                 
          contract on October 25 and 26, 1993, respectively.  The parties             






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