STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION; FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, 4 - 06S vs. FDBPR 2 case N° 2001532254 2001532255 YOEL DAMAS AND" EXECUTIVE RESIDENTIAL CONSULTANTS, INC., Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Yoel Damas and Executive Residential Consultants, Inc. (“Respondents”) 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 Yoel Damas is and was at all times material hereto a licensed Florida real estate broker-salesperson, issued license number 0707707 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an inactive broker-salesperson at 4161 SW 117 Avenue, Miami, Florida 33175. FDBPR vs Yoel Damas FDBPR Case N°’ 2001532254 Administrative Complaint 3. Respondent Executive Residential Consultants, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1011051 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 6440 SW 117 Avenue, Miami, Florida 33183. 4. At all times material hereto, Respondent Yoel Damas was licensed and operating as qualifying broker and officer of Respondent Executive Residential Consultants, Inc. 5. Atall times material hereto, Respondent Damas was broker of Respondent Executive Residential. 6. On or about October 31, 2000, Petitioner’s investigator conducted a scheduled audit of Respondents’ business records. A copy of the audit form is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 7. The audit revealed Respondents made ten late escrow deposits. 8. Respondents were unable to provide Petitioner’s investigator with a contract for 1133 SW 115th Place, Miami, Florida. 9. To date, Respondents failed to provide Petitioner’s investigator with a file for 10268 SW 145th Court, Miami, Florida. A copy ofa letter from Respondents is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. COUNT I Based upon the foregoing, Respondent Yoel Damas is guilty of failure to immediately deposit FDBPR vs Yoel Damas FDBPR Case N° 2001532254 Administrative Complaint and maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. COUNT U Based upon the foregoing, Respondent is Yoel Damas 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 61J2-14.012(1), Florida Administrative Code and Section 475.5015, Florida Statutes, and, therefore, in violation of Section 475.25(1)(e), the Florida Statutes. COUNT III Based upon the foregoing, Respondent Executive Residential Consultants, Inc. is guilty of failure to immediate deposit and maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. COUNT IV Based upon the foregoing, Respondent is Executive Residential Consultants, Inc. 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 61J2- 14.012(1), Florida Administrative Code and Section 475.5015, Florida Statutes, and, therefore, in FDBPR vs Yoel Damas FDBPR Case N° 2001532254 Administrative Complaint 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 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 $1,000 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 permitee 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 (2001) and Florida Administrative Code Rule 61J2-24.001. 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 permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the FDBPR vs Yoel Damas FDBPR Case N° 2001532254 Administrative Complaint foregoing which may apply. See Section 455.227, Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this _))_ day of Qa , 2002. epaftment of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER ~ Juana C. Watkins Florida Bar N° 0192112 Pe, Senior Attomey . Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 . (407) 317-7260 FAX Department Pris. IWik PCP: CV/IR 4/02 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes is not available for administrative disputes involving this type of agency action. FDBPR vs Yoel Damas FDBPR Case N° 2001532254 Administrative Complaint PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, 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 see the enclosed Explanation of Rights and Election of Rights form.

Docket for Case No: 03-000065