FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI| pate 7/28/2016 File # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2015-004658 DEEPAK PEROCIEL, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against Deepak Perociel, (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. At all times material to this Complaint, Respondent was licensed as a real estate sales associate, having been issued license number SL 3269629. 3. At all times material to this Complaint, Respondent was a registered sales associate of Only Way Realty LLC (“Brokerage”) under Richard W. David (‘Broker’), a licensed Florida broker, having been issued license number BK 3225816. 4. Respondent’s address of record is 1845 Elfy Ct., Apopka, PL 32712. 5. At all times material to this Complaint, Respondent also acted as an agent for Portimo Mitigation Services, LLC (“Portimo”). 6. At all times material to this Complaint, Respondent’s husband, Marvin DelValle, was the registered agent of Portimo and the manager of Portimo Holdings, LLC, the entity which was the manager of Portimo. 7. At no time material to this Complaint was Portimo licensed to engage in real estate brokerage transactions in the State of Florida. 8. In or about April 2013, Respondent began facilitating a short sale of real property located at 10226 Mallard Landing Way, Orlando, FL 32832 (“Subject Property”) between Ismail and Emine ‘Tuysuz (“Sellers”) and Mahmut Engin Cumbur (“Complainant”). 9. From April 2013 through April 2014, Respondent directed Complainant to deliver $51,341.48 in multiple payments to Portimo in order to facilitate the sale and purchase of Subject Property. 10. Respondent collected the funds in the name of Portimo without the knowledge or consent of Broker. 11. Respondent represented that the funds provided by Complainant would be used to “mitigate” outstanding liens placed on Subject Property. 12. Respondent further represented that some of the funds would be applied towards a deposit for the purchase of Subject Property. 13. When Complainant demanded that Respondent either account for how the funds were utilized or return them, Respondent furnished a falsified statement purportedly from a financial institution indicating that $37,500.00 of the funds had been used to satisfy liens. 14. To date, Respondent has not returned any of Complainant’s money or accounted for how it was used. COUNT ONE: 15. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through fourteen. 16. Section 475.25(1)(b), Florida Statutes (2012-2013), subjects a licensee to discipline 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.” 17. Respondent violated section 475.25(1)(b), Florida Statutes (2012-2013), in one or more of the following ways: a) By inducing Complainant to furnish funds under false pretenses; b) By making false statements about what the funds had been used for; and c) By falsifying a statement from a financial institution. COUNT TWO 18. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through fourteen. 19. Section 475.25(1)(d)1., Florida Statutes (2012-2013), provides that a licensee may be subject to discipline if the licensee: Has 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, abstract of title, mortgage, conveyance, lease, or other document or thing or value, including a share of a real estate commission if a civil judgment relating to the practice of the licensee’s profession has been obtained against the licensee and said judgment has not been satisfied in accordance with the terms of the judgment within a reasonable time, or any secret or illegal profit, or any divisible share or portion thereof, which has come into the licensee’s hands and which is not the licensee’s property or which the licensee is not in law or equity entitled to retain under the circumstances. 20. Based on the foregoing, Respondent has violated Section 475.25(1)(d)1., Florida Statutes (2012-2013), by failing to account for or deliver the funds to Complainant upon demand. COUNT THREE 21. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through fourteen. 22. Section 475.42(1)(d), Florida Statutes (2012-2013), prohibits a sales associate from collecting “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.” 23. Respondent violated Section 475.42(1)(d), Florida Statutes (2012-2013), when she collected deposits in Portimo’s name and not in the name of her employer. WHEREFORE, Petitioner respectfully requests that 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 PAGE FOLLOWS] SIGNED this July PCP Date: 7/18/2016 PCP MEMBERS: Fitzgerald /Boring 19th_ day of By: , 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation [sf W. Justin Vogel W. Justin Vogel Assistant General Counsel Florida Bar No. 112261 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 25A Tallahassee, FL 32399-2202 (850)717-1795 Telephone (850)921-9186 Facsimile wjustin.vogel@myfloridalicense.com 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: 17-000120PL