Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATY pu 42/22/2041 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, DBPR Case No. 2009-055044 ARMANDO PALMA III, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against ARMANDO PALMA III, (“Respondent”) and alleges: 1. 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. 2. Respondent is licensed as a real estate broker having been issued license number BK 3165997. 3. Respondent’s address of record is 260 Hialeah Drive, Hialeah, FL, 33010. 4, At all times material hereto, Respondent was a qualifying broker for Homesafe Realty Corp., (“Homesafe”). 5. On or about June 3, 2009, Respondent entered into a brokerage contract with Robert Jans, (“Jans”), and LCH-O1, LLC., also known as LCH Associates, LLC., (“LCH”). Filed February 8, 2012 3:54 PM Division of Administrative Hearings 6, The June 3, 2009 brokerage contract totaled approximately $270,000.00, and arranged for the sale of the Jans property, located at 1500 Bay Road #9228, Miami Beach, (“Jans Property”), to LCE. 7. On or about July 19, 2009, Respondent entered into a brokerage contract with Bill and Carla Saedlo, (“Saedlo”), and LCH. 8. The July 19, 2009 brokerage contract totaled approximately $340,000.00, and arranged for the sale of the Jans property, from “Owner of Record” to Saedlo. 9, On August 19, 2009, Respondent presented to Saedlo a settlement statement for the sale of the Jans Property. 10. The settlement statement identified LCH as the owner of the Jans Property. 11. On August 19, 2009, Jans remained the legal owner of the Jans Property. . 12. LCH never possessed legal ownership of the Jans Property. 13. Section 475.25(1) (b), Florida Statutes, subjects a real estate licensee to discipline for: [Committing? fraud; misrepresentation, concealment, false promises, false pretenses, dishonest dealings by trick, scheme or devise, culpable negligence, or breach of trust in any business transaction. 14, Respondent violated Section 475.25(1) (b), Florida Statutes, in the following ways: a. By breaching Saedlo’s trust, as Respondent forwarded documentation stating that LCH was the legal owner of the Jans Property; b. By concealing the identity of the legal owner of the Jans Property; c. By misrepresenting LCH as the legal owner of the Jans Property. . 15. Based on the foregoing, Respondent violated Section 475,25(1) (bo) Florida Statutes, by misrepresenting Saedlo and concealing the legal owner of the Jans Property. WHEREFORE, Petitioner respectfully requests the Florida Real 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, [SIGNATURE PAGE TO FOLLOW] Signed this PCP Date:12/12/11 14", day of December , 2o0li, KEN LAWSON, Secretary Department of Business and Professional Regulation Andrew Rubin Fier By: Andrew Rubin Fier Assistant General Counsel Florida Bar No. 84985 Office of the General Counsel 1940 North Monroe Street, Suite 42 Tallahassee, FL, 332399 (850) 488-0062 Telephone (850) 921-9186 Facsimile PCP MEMBERS ; DeNapoli/Ruffier 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. 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 seé the enclosed Explanation of Rights and Election of Rights form. | : .

Docket for Case No: 12-000525PL