Deputy Agency Clerk 20 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT ‘CLERK Evette Lawson-Proctor Date 8/29/2013 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. DBPR Case No. 2013-007218 CORY AUSTIN LEVY, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against CORY AUSTIN LEVY, (“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 sales associate having been issued license number SL 3212872. 3. Respondent’s address of record is 609 E Sheridan Street PH 406, Dania Beach, Fl 33004. 4, Effective January 14, 2013, Respondent’ s license was suspended for three (3) years. 5. At all times material hereto, Respondent’s sales associate license was suspended and in an inactive status. 6. Respondent is employed by Miami International Realty, a real estate brokerage corporation, purportedly as a broker’s assistant. 7. Respondent receives compensation from Miami International Realty for his employment. 8. Upon receipt of a complaint alleging that Respondent was performing real estate activities that require licensure, Department Investigator, Krystal Cordo, (Investigator), contacted Respondent telephonically. 9. Complainant had provided Petitioner MLS printouts that stated “Call CORY to show 305-321-7027," in the broker remarks section. 10. Calling the above number, on or about March 7, 2013, Investigator asked Respondent to show her properties for rent. ll. Respondent agreed, and they arranged to meet to view one or more properties together. 12. Respondent, Investigator, and Investigator’s supervisor, Brian Piper (“Supervisor”) met to view property located at 701 Buclid Avenue, #403 Miami Beach, FL 33139 (“Subject Property”). 13. Respondent arrived alone for the showing of Subject Property, proceeded to retrieve the key from the lockbox at the door, and entered Subject Property. 14. With Investigator and Supervisor, Respondent discussed renting the property and negotiated lease terms. 15. Respondent told Investigator and Supervisor that if Subject Property was rented, Respondent would receive compensation from the , landlord. 16. Petitioner handed Respondent a Department of Business and Professional Regulation Business Card, and a print out evincing that Respondent’s license was currently suspended. 17. Respondent stated that he is aware that his license is suspended and that Respondent is instead employed by Miami International Realty as a broker’s assistant. 18. Respondent stated that he also performs property management for an apartment complex located at 835 Lenox Avenue, Miami Beach, FL 33139. 19. Respondent asked if Investigator and Supervisor were still interested in renting Subject Property, to which Supervisor responded by asking if Respondent would prepare a lease. 20. Respondent agreed to prepare the lease, but Supervisor then halted Respondent from continuing. COUNT ONE 21. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty (20) as if fully set forth herein. 22. Section 475.42(1) (a), Florida Statutes states in part: A person may not operate as a broker or sales associate without being the holder of a valid and current active license therefore. 23. Respondent violated Section 472.42(1) (a), Florida Statutes, in the following ways: a. By managing property while in an inactive status; b. By discussing. move in fees and lease terms while in an inactive status; c. By showing property while in an inactive status. 24. Based on the foregoing, Respondent violated Section 475.42 (1) (a), Florida Statutes when Respondent operated as a broker or sales associate without being the holder of a valid current active license. COUNT TWO 25. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty (20) as if fully set forth herein. 26. A licensee is in violation of Section 475.25(1) (b), Florida Statutes, if the licensee: Has been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme. 27. Respondent violated Section 475.25(1) (6), Florida Statutes, in one or more of the following ways: a. By managing property while in an inactive status; b. By discussing move in fees and lease terms while in an inactive status; c. By showing property while in an inactive status. 28. Based on the foregoing, Respondent violated Section 475.25(1) (b), Florida Statutes. COUNT THREE 29. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty (20) as if fully set forth herein. 30. A licensee is in violation of Section 475.25(1) (e), Florida Statutes, if the licensee: Has violated any of the provisions of this chapter or any lawful order or rule made or issued under the provisions of this chapter or chapter 455. 31. Respondent violated Section 475.25(1) (e), Florida Statutes, in one or more of the following ways: a. By managing property while under suspension; b. By discussing move in fees and lease terms while under suspension; c. By showing property while under suspension. 32. Based on the foregoing, Respondent violated Section 475.25(1) (e), Florida Statutes. 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 19th day of August , 2013, KEN LAWSON, Secretary Department of Business and Professional Regulation Joshua Newell Kendrick, By: Joshua Newell Kendrick Assistant General Counsel Real Estate Division Florida Bar No. 56129 Office of the General Counsel 1940 N. Monroe St. Ste.42 Tallahassee, FL 32399 (850) 488-0062 PCP Date: August 19, 2013 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 see the enclosed Explanation of Rights and Election of Rights form. :

Docket for Case No: 13-004354PL