io- [Aaa PL STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO. FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case NO. 2009021247 JORIS REYES, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Joris Reyes (“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 sales associate, issued license number H:\ac\reyes.joris.doc FDBPR v. Joris Reyes Case No. 2009021247 Administrative Complaint 3160340 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active sales associate with Home Run Real Estate Inc., 3918 Via Poinciana #7, Lake Worth, Florida 33467. 4. In or about late 2008 Respondent rented a property owned by Hernan Ramirez, located at 6801 Las Colinas lane, Lake Worth, FL 33467 (Subject Property) with the intention of purchasing the property. 5. On or about January 9, 2009, Respondent filed a Quitclaim Deed conveying the Subject Property to Respondent without purchasing the property. A copy of the quitclaim is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. On or about January 9, 2009, Respondent filed said Quitclaim Deed conveying the Subject Property to Respondent without authorization from Ramirez. 7. On or about March 10, 2009, Respondent conveyed the Subject Property back to its legitimate owner Ramirez. A copy of the quit claim is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. COUNT ONE Based upon the foregoing, Respondent is guilty of fraud, H:\ac\reyes. joris.doc 2 FDBPR v. Joris Reyes Case No. 2009021247 Administrative Complaint misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25 (1) (b), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent is guilty of having placed, or caused to be placed, upon the public records of the County, any contract, assignment, deed, will, mortgage, lien, affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to him to be false, void, or not authorized to placed of record or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or salesperson or other person, or for any unlawful purpose in violation of Section 475.42(1)(j), Florida Statutes and, therefore, in violation of Section 475.25(1) (a), 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 Hi\ac\reyes.joris.doc 3 FDBPR v. Joris Reyes Case No. 2009021247 Administrative Complaint 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 61J32-24.001. 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 and pass additional real estate education courses; publication; H:\ac\reyes.joris.doc . 4 FDBPR v. Joris Reyes Case No. 2009021247 Administrative Complaint 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 61J32-24.001. SIGNED this 22 day of December _, 2009. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation Pe Co By: Patrick James Cunningham Assistant General Counsel Fla. Bar No. 469221 Department of Business and Professional Regulation Division of Real Estate Legal Section 400 W. Robinson Street, N801 Orlando, Florida 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 - Facsimile PCP Date: 12/09 PCP MEMBERS: Guju/Fisher H:\ac\reyes.joris.doc 5 FDBPR v. Joris Reyes Case No. 2009021247 Administrative Complaint NOTICE TO RESPONDENTS 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 see the enclosed Explanation of Rights and Election of Rights form. H:\ac\reyes.joris.doc 6 CFN 20090015780 OR BK 23035 PG 0293 ce eee ee, vy RECORDED 91/14/2009 09:51159 a es * Palm Best Coimtys, Florida” a ee to | meee pou Stamp. 0.70 tee 3 wee ee Sharon. R. Bock, CLERE & COMPTROLLER wens eanee eo ae . Pys @293 - 294; (2pga) Above Space Reserved for Recording i, fst abciad the name'@ adiiess of: Dr en tn pp iy i it iki Dood a WNT it ei ipa mf bean seat Dollars ($_16> Se) second party, the reckipt whereof is hereby acknowledged, does hereby remise, release and quitcaim unto the said second party forever, ail the right, tile, Interest and daim, "nantes Foge ict? . © 200 Semes t Book23035/Page293 Page 1 of 2 ADMINISTRATIVE COMPLAINT,” my t 4 Le] ERHIBIT # ¥ GE. PAGE { OF hich the Sad fst party has, are tothe following described parcel of land, and improvements and appurtenances. thereto in the County of __- "Powis, Sateof_ Clomda Book23035/Page294 age 2 of 2 cvs: ADMINISTRATIVE COMPLAINT even 0 raced ft ——— (181081805) 8818 CFN 22099090495 OR BK 23131 PG 1165 ared by: RECORDED 03/18/2809 13:01:28 Prepared PY: D. an Law Center, P.A. Pals Beach County, Florida Germ ANT. 10. 08 Doc Stamp 0.70 Sharon 8. Bock, CLERK & COMPTROLLER P FE Fifth Avenue Pgs 1165 - 1166; (2pgs) Soe} corded return to: German Law Center, P.A. Boca 3432 as QUIT-CLAIM DEED 1. IDENTIFEATION OF GRANTOR Grantor's 2 d address is: Joris Reyes . 9, 6801 Las Colinas Lane ae Lake Worth, FL 33463 ° Oa The word "I" or "metGbtreater used means the Grantor. 2. IDENTIFICATION Grantee's name and ad is; Hernan Ramirez @reso Las Colinas Lane (Bake Worth, FL 33463 The word "you" as hereafter the Grantee. wes 3. MEANINGS OF TERMS The terms “I,” "me," "you," “grantor,” and "grantee," shall be non-gender specific (@ masculine, (ii) feminine, or (iii) neuter, such as corporations, partnerships or trusts), singular or plural, as the context permits or requires, and include heirs, personal representatives, successors or assigns where applicable and permitted. . 4, DESCRIPTION OF REAL PROPERTY CONVEYED Property hereby conveyed (the "Real Property”) is described as follows: Lot 79, Winston Trails Parcel Six, according to the plat thereof, as recorded in Plat Book 76, Page 168 of the Public Records of Palm Beach County, Florida. The Property Appraiser’s Parcel Identification Number is: 00-42-45-02-05-000-0790 5. CONSIDERATION ; Good and valuable consideration plus the sum of Ten Dollars ($10.00) received by me from EXHIBIT. FD pro lS MESTRATIVE COMPLAPR age 1 of 2 sit eA 6. CONVEYANCE OF REAL PROPERTY For the consideration described in Paragraph 5, I convey, remise (to give up a claim), and quit fer without warranty) to you any interest Imay have in and to the Real Property. 3463 ~ fa) ake Wane Flor Signed in the presence of: (ate)Witness gue Fig 2 TEs Op The foregoing instrument was acknowledged befo ye this To y of March 2009, by Joris Reyes, who is personally known to me or has + Ly se. __as identification. a Reag . wrcomssonien EXPIRES: May 11, 201 woonort pace L . coment Book23131/Page1166 COMP SENS 2 of 2 OF

Docket for Case No: 10-001822PL