D1-O&SO PL wy STATE OF FLORIDA FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v, DBPR Case NO. 2005026136 ISABEL ALDANA, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“petitioner”) files this Administrative Complaint against Isabel Aldana (“Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 635160 H\ac\aldana.doc. FDBPR v. Isabel Aldana Case No. 2005026136 Administrative Complaint and 3141907 and in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker at Executive Realty & Company, Inc., 1000 Ponce De Leon Blvd., #208B, Coral Gables, Florida 33134 and All Hialeah Realty, Inc., 5201 Blue Lagoon Drive, #800, Miami, Florida 33126. 4, Respondent is and was at all times material hereto a licensed Florida real estate instructor, issued license number 1002585 in accordance with Chapter 475 of the Florida Statutes. 5. Respondent is the qualifying broker for Executive Realty & Company Inc., a licensed real estate brokerage. 6. On or about January 10, 2005 Respondent received a sales and purchase contract signed by Jaime Puerto & Carolina Sendon (Buyers) for a property located at 1180 SW 92nd Ave., Miami, FL 33176 (Subject Property), owned by Beningno & Bibiana Vega (Sellers) . 7. On or about May 23, 2005; Respondent was notified by Petitioner’s investigator that a complaint was filed against Respondent for violations of Chapter 475 Florida Statutes. 8. At all times material, Respondent was ordered to provide brokerage business records for the Subject Property, to include the sale and purchase contract presented by Beningno & Bibiana H-\ac\aldana.doc 2 FDBPR v. Isabel Aldana Case No. 2005026136 Administrative Complaint Vega. 9. Respondent knew or should have known that brokers are required to maintain brokerage’s business record for a period of at least five (5) years. 10. Respondent delivered the brokerage business records for the Subject Property. 11. Respondent failed to keep and maintain a complete file including but not limited to a true copy of the sale and purchase contract presented by Beningno & Bibiana Vega for the purchase of the Subject Property. COUNT ONE Based upon the foregoing, Respondent is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed to keep an accurate account of all trust fund transactions in violation of Rule 6102-14.012(1), Florida Administrative Code and Section 475.5015, Florida Statutes, and, therefore, in violation of Section 475.25(1) (e), the 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 Hi\ac\aldana.doc 3 FDBPR v. Isabel Aldana Case No. 2005026136 Administrative Complaint agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permittee 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 6132-24.001. 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 permittee to complete H:Aac\aldana.doc 4 FDBPR v. Isabel Aldana Case No. 2005026136 Administrative Complaint and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist notice; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61032-24.001. Signed this day of , 2009. ATTORNEY FOR PETITIONER Re Cy Patrick Jamés Cunningham Senior Attorney Florida Bar No. 469221 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 wo . Hurston Bldg. North Tower cchinstsaes gta“. 400 West Robinson Street CORRE Ss ht Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX /k PCP: RD/NH 2/09 H\ac\aldana.doc 5)

Docket for Case No: 09-002850PL