FILED Department of Busioess ant Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK tevate Lanveon Proce DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT].., 49/3/0014. File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2014-004963 ALMEIR CARLINE WILKINSON, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against Almeir Carline Wilkinson (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 3251043. 3. Respondent’s address of record is PO BOX 670875, Coral Springs, Florida 33067. 4. At all times material, Respondent was a sales associate registered with Solutions Realty and Financial Services Inc., a licensed real estate brokerage corporation in the State of Florida, having been issued license CQ 1041058. 5. On or about August 17, 2013, Darnell Cochrane (Complainant) signed and dated a contract, prepared by Respondent, to purchase property located at 155 San Remo Blvd., North Lauderdale, FL 33068 (Subject Property), which was signed by the sellers on or about August 20, 2013. 6. The contract Respondent drafted for the purchase of Subject Property incorrectly reflected Albert Nae as the Cooperating Sales Associate, and Precious Homes Realty, LLC as the Cooperating Broker. 7. On or about August 20, 2014, Complainant provided Respondent with a check in the amount of $2000, made out to Florida Title & Escrow Professional, Inc. 8. On or about August 23, 2013, Respondent advised Complainant that in order to lower her mortgage payments, Complainant needed to provide an additional deposit in the amount of $2500. 9. Complainant gave Respondent an additional check in the amount of $2500, as advised. The check, made out to “CASH,” was posted on August 29, 2013. 10. Respondent made no further contact with Complainant until after the closing date, which was set for September 30, 2013. 11. On or about October 93, 2013, Respondent sent a fraudulent email to Patrick Lombard, a representative of Florida Title & Escrow Professional, Inc., representing herself as Complainant and asking for a delay in the closing. Complainant did not consent to a delay of the closing date. 12. On or about October 9, 2013, Respondent sent a second email to Patrick Lombard, as herself, stating that Complainant was out of town and would return on October 18, 2013. Complainant was not out of town and was unaware of Respondent’s email misrepresentations. 13. On or about October 21, 2013, the seller of Subject Property put a claim on the §2000 escrow deposit for the reason: “Buyer Darnell Cochrane failure to close.” 24. When Complainant learned that the contract failed to close, she requested that Respondent return her deposit. 15. Respondent has not returned Complainant’s deposit money. COUNT _ONE 16. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through fifteen (15) as iff fully set forth herein. 17. 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. 18. Respondent violated Section 475.25(1})(b), Florida Statutes, in one or more of the following ways: a. By drafting a contract for purchase of Subject Property which incorrectly reflected Albert Nae as the Cooperating Sales Associate, and Precious Homes Realty, LLC as the Cooperating Broker. b. By advising Complainant to provide an additional deposit in the amount of $2500, failing to deliver that check to her broker, and failing to return the deposit when the purchase failed to close. c. By sending a fraudulent email in which Respondent represented herself as Complainant. d. By knowingly misrepresenting facts concerning Complainant’s whereabouts and requests regarding the closing of subject property. 19. Based on the foregoing, Respondent committed fraud, misrepresentation, false promises, false pretenses, dishonest dealings by trick, scheme or devise, culpable negligence, or breach of trust in a business transaction, 20. the allegations set forth in paragraphs one (1) through fifteen COUNT TWO Petitioner re-alleges and incorporates by reference (15) as if fully set forth herein. 21. 22. Statutes, Section 475.42(1) (d), Florida Statutes, states: A sales associate may not collect any money in connection with any real estate brokerage transaction, whether as a commission, deposit, payment, rental, or otherwise, except in the name of the employer and with the express consent of the employer; and no real estate sales associate, whether the holder of a valid and current license or not, shall commence or maintain any action for a commission or compensation in connection with a veal estate brokerage transaction against any person except a person registered as her or his employer at the time the sales associate performed the act or rendered the service for which the commission or compensation is due. Respondent violated Section 475.42(1) (d), Florida in one or more of the following ways: a. By receiving an additional deposit in the amount of $2500 from Complainant, made out to “CASH.” b. By failing to deliver that check to her broker or into escrow. c. By failing to return the deposit when the purchase failed to close. 23. Based on the foregoing, Respondent violated Section 475.42(1){d) of Florida Statutes. COUNT THREE 24. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through fifteen (15) as if fully set forth herein. 25. Section 475.25(1) (da) 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.. 26. As set forth above, Respondent violated Section 472.25{1)(d}l by receiving a second deposit in the amount of $2500 from Complainant and failing to return said deposit to Complainant upon demand. 27. Based on the foregoing, Respondent violated Section 475.25 (1){d)1, 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 FOUR 28. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one ({1) through fifteen (15) as if fully set forth herein. 29. Section 475.42(1)(b), Florida Statutes, states: A person licensed as a sales associate may not operate as a broker or operate as a sales associate for any person not registered as her or his employer. 30. Respondent violated Section 475.25(1){b), Florida Statutes, by accepting a deposit without the direction, control, or management of her licensed broker. 31, Based on the foregoing, Respondent operated as a broker or operated as a sales associate for a person who was not registered as her employer. 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 LINE TO FOLLOW] STONED this | day of _Qeighee , 2014. KEN LAWSON, Secretary Department of Business and Professional Regulation rew R. Fier Chief Attorney Florida Bar No. 84985 Office of General Counsel Department of Business and Professional Regulation 1940 N. Monroe Street, Ste. 25A Tallahassee, FL 32399 (850) 717-1229 - Telephone By: PCP Date: 09/15/2014 PCP MEMBERS: Boring/Ellis 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. } i \ i i \ i } y 3 i

Docket for Case No: 14-005380PL