STATE OF FLORIDA FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2016-042019 FAROUK ALT, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against Farouk Ali (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 broker having been issued license number BK 3134852. 3. Respondent’s address of record is 1391 St. Lucie West Boulevard, Suite 127, Port St. Lucie, FL 34986. 4. On or about March 26, 2013, Respondent offered to facilitate the purchase of property located at 461 SW Sablewood Cove, Port St. Lucie, FL 34986 (Subject Property) for Danny Ranchurejee (Danny). 5. Starting on or about April 26, 2013, Respondent collected $96,875 in funds (Subject Funds) from Danny to facilitate the purchase of Subject Property. 6. The purchase of Subject Property failed. 7. Danny made demand for the return of Subject Funds. 8. Respondent failed to remit the full amount of Subject Funds to Danny. 9. Respondent was asked to provide his business brokerage records from January 2013 through December 2013. 10. Respondent did not provide broker business records from January 2013 through December 2013. COUNT ONE 11. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (10) as if fully set forth herein. 12. Section 475.25(1)(d)1, Florida Statutes, subjects a 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.... 13. Respondent violated Section 472.25(1)(d)1, Florida Statutes, by receiving Subject Funds for the purchase of Subject Property but failing to remit the full amount of Subject Funds to Danny upon Danny’s request. COUNT TWO 14. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (10) as if fully set forth herein. 15. Section 475.25(1)(e), Florida Statutes, subjects a licensee to discipline for violating any of the provisions of Chapter 475 or any lawful order or rule made or issued under the provisions of Chapters 455 or 475. 16. 17. Section 475.5015, Florida Statutes, states in relevant part: Each broker shall keep and make available to the department such books, accounts, and records as will enable the department to determine whether such broker is in complaince with the provisions of this chapter. Each broker shall preserve at least one legible copy of all books, accounts, and records pertaining to her or his real estate brokerage business for at least 5 years from the date of receipt of any money, fund, deposit, check, or draft entrusted to the broker, or in the event no funds are entrusted to the broker, for at least 5 years from the date of execution by any party of any listing agreement, offer to purchase, rental property management agreement, rental or lease agreement, or any other written or verbal agreement which engages the services of the broker. Respondent violated Section 475.5015, Florida Statutes, by failing to make available brokerage records for the period ranging from January 2013 through December 2013. 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 PAGE FOLLOWS) DBPR v. Farouk Ali Case No. 2016-042019 Signature Page SIGNED this 20th day of February, 2017. MATILDE MILLER, Interim Secretary Department of Business and Professional Regulation s/ Joseph Yauger Whealdon, IIT Joseph Yauger Whealdon, II Assistant General Counsel Florida Bar No. 92141 Department of Business and Professional Regulation Office of the General Counsel 2601 Blair Stone Road Tallahassee, Florida 32399-2202 (850)488-0062 Telephone JYW PC Found: 2-20-2017 PC Found By: Hornsleth / Fisher 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: 18-003981PL