STATE OF FLORIDA FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2016-002907 CINDIA FENTON, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against Cindia Fenton (“Respondent”), and alleges: its 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 in the State of Florida, having been issued license number SL 3088630. 3. At all times material to this complaint, Respondent was a registered sales associate employed at Concierge Realty Brokers LLC (“Brokerage”), a licensed Florida brokerage having been issued license number CQ 1039608. 4, Respondent’s address of record is 1678 Victoria Pointe Circle, Weston, FL 33327. 5. At all times material to this complaint, Respondent was the President of Fenton Morris Agency (“Fenton”), a Florida Corporation. 6. At no time material to this complaint was Fenton duly licensed to engage in the practice of real estate in the State of Florida. uP On or about December 20, 2014, Respondent, through Fenton, facilitated a Sale and Purchase Agreement (“Agreement”) between Laura Sayegh (“Seller”) and Queen Diwura Real Estate Investment Firm, LLC (“Buyer”) for real property located at 2215 Woodlands Way, Deerfield Beach, Florida 33442 (“Subject Property”). 8. The terms of the Agreement state that an initial deposit of $5,000 was to be delivered to the escrow agent, Title Supreme. 9. The terms of the Agreement state that an additional deposit of $10,000 was to be delivered to the escrow agent within 14 days after acceptance. 10. Onor around December 10, 2014 through on or around January 3, 2015, Respondent received one or more of the following checks from Buyer made payable to Fenton: a. Check 1002 for $5,000.00; b. Check 1003 for $10,000.00; and c. Check 2003 for $3,000.00. 11. The transaction failed to close. 12. Onor about December 5, 2015, Buyer demanded Respondent return her escrow deposit. 13, To date, Respondent has not returned Buyer’s deposit. OUNT ONE 14. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13), as though fully set forth herein. 15. Section 475.25(1)(e), Florida Statutes (2014), subjects a licensee to discipline for violating any lawful order or rule made or issued under the provisions of Chapter 475 or Chapter 455, Florida Statutes. 16. Section 455.227(1)(j), Florida Statutes (2014), subjects a licensee to discipline for “[a]iding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board.” 17. Section 475.01(1)(a), Florida Statutes (2014), states in pertinent part the following: “Broker” means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. 18. Respondent violated Section 455.227(1)(j), Florida Statutes (2013), thereby violating Section 475.25(1)(e), Florida Statues (2014), by aiding the unlicensed company, Fenton Morris Agency in the performance of brokerage activities, as defined in Section 475,01(a), Florida Statutes. COUNT TWO 19. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13), as though fully set forth herein. 20. Section 475.42(1)(d), Florida Statutes (2014), 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.” 21. Respondent violated Section 475.42(1)(d), Florida Statutes (2014), when she collected deposits and/or commissions for the sale and purchase of property made payable to Fenton and not in the name of her employer. COUNT THREE 22. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13), as though fully set forth herein. 23. Section 475.25(1)(d)1, Florida Statutes (2014), 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[.]” 24. Based on the foregoing, Respondent has violated Section 475.25(1)(d)1, Florida Statutes (2014), by failing to account for or deliver Buyer’s escrow deposit upon demand. co FOUR 25. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13), as though fully set forth herein. 26. Section 475.25(1)(b), Florida Statutes (2014), provides that a licensee may be subject to discipline if the licensee: [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 27. Based on the foregoing, Respondent has violated Section 475.25(1)(b), Florida Statutes (2014), including but not limited to one or more of the following ways: a. by facilitating a sale and purchase transaction without being under the direction, control, or management of a broker, b. by receiving one or more of the following checks from Buyer made payable to Fenton and not in the name of her employer: i. Check 1002 for $5,000; ii. Check 1003 for $10,000; and iii, Check 2003 for $3,000. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission to 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 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 23 day of May, 2017. MATILDE MILLER, Interim Secretary Department of Business and Professional Regulation Maureen Y. White Maureen Y. White Assistant General Counsel Florida Bar No. 0106794 Office of the General Counsel 2601 Blairstone Road Tallahassee, FL 32399 (850) 717-1234 Telephone (850) 921-9186 Facsimile PCP Date: May 22, 2017 PCP MEMBERS: Thomas Luzier and Ralph McCoig

Docket for Case No: 19-000125PL