FILED Department of Business and Professionat Reguiation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] ,.. 9/30/2013 File FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2013-009010 FLOCAR INVESTMENT GROUP CORP. Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against Respondent Flocar Investment Group Corp., (hereinafter Flocar) 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 brokerage having been issued license number CQ 1033806. 3. Respondent’s address of record is 999 Brickell Ave., Suite 1000, Miami, FL 33131. 4. On or about December 6, 2012, Respondent accepted a $3,000 VISA payment from Frank and Dana Girier which was to go toward the purchase of 23726 SW 114 Ct., Homestead, FL 33032 for $200,000. (Subject Property). 5. Review of Respondent’s JP Morgan/Chase bank accounts show the $3,000 was never deposited into its escrow account. 6. On or about December 11, 2012 Complainants saw the same property on Respondent’s website for $188,000 and an MLS for it in the amount of $140,000. 7. On or about December 12, 2012 Complainants canceled their offer and demanded return of their $3,000. 8. Respondent has refused to return the $3,000, claiming it was for consulting and translation services. 9. No written contract establishing a consulting/translation agreement between Complainants and Respondent has been produced. 10. By invoice dated December 26, 2012, Flocar claims Complainants owe it $3400 for translation and consulting services. 11. Complainants never agreed to any consulting or translation services for a fee from Respondent. 12. Complainants never received any consulting or translation services from Respondent. COUNT ONE 13. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as if fully set forth herein. 14. Section 475.25(1)(d)1, Florida Statutes, (2009) subjects real estate licensee to discipline for: [Failure] to account or deliver to any person, including a licensee under this chapter, at the time which has been agreed upon or is required by law or, in the absence of a fixed time, upon demand of the person entitled to such accounting and delivery, any personal property such as money, fund, deposit, check, draft, abstract of title, mortgage, conveyance, lease, or other document or thing of value... 15. Respondent violated Section 472.25(1) (d)1 in one or more of the following ways: a. By receiving an initial $3,000 deposit from Complainants and failing to return that deposit to Complainants upon demand. b. By failing to maintain Complainant’s $3,000 deposit in the escrow account, 16. Based on the foregoing, Respondent violated Section 475.25 (1) (d)1l, when Respondent failed to account or deliver to any person, including a licensee under this chapter, at the time which has been agreed upon or is required by law or, in the absence of a fixed time, upon demand of the person entitled to such accounting and delivery, any personal property such as money, fund, deposit, check, draft. COUNT TWO 17. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as if fully set forth herein. 18. 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. 19. Respondent violated Section 475.25(1) (b), Florida Statutes, in one or more of the following ways: a. By receiving an initial $3,000 deposit from Complainant and failing to return that deposit to Complainants upon demand. b. By claiming it is owed $3,400 by Complainants for translation and consulting services via invoice in that amount dated some two weeks after Complainants cancelled the offer and demanded return of their $3,000 deposit. c. By claiming an entitlement to fees for consulting and translation services even though no agreement for such an arrangement was made by the Complainants. d. By not providing Complainants any translation or consulting services. 20. Based on the foregoing, Respondent violated Section 475.25(1) (b) by charging Complainants for consulting and translation services which were never agreed to, nor ever provided. 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. SIGNED this PCP Date: 09/16/2013 16 day of September , 2013. By: KEN LAWSON, Secretary Department of Business and Professional Regulation Daniel A. David Daniel A. David Assistant General Counsel Florida Bar No. 0650412 Office of the General Counsel 1940 N. Monroe St. Tallahassee, FL 32399 (850) 778-1178 - Telephone daniel.davidémyfloridalicense.com PCP MEMBERS: Hornsleth & Fisher NOTICE OF RIGHTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

Docket for Case No: 14-002766