FILED Department of Business and Professional Regulation AGENCY CLERK CLERK Ronda L. Bryan Date 2/28/2020 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2019-051867 DANOLA ABILHOMME, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against DANOLA ABILHOMME, (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, Florida Statutes. 2. At all times material hereto, Respondent was licensed as a real estate sales associate in the state of Florida, having been issued license number SL 3309117. 3. Respondent’s address of record is 4121 Sapphire Bend, Weston, FL 33331. 4. From December 10, 2018 to November 21, 2019, Respondent was registered with and employed by Coldwell Banker Residential Real Estate LLC (Coldwell Banker), a Florida real estate corporation, having Florida license number CQ 247822. Si Relevant to this matter, Respondent, along with Pierre R. Abilhomme, licensed as a real estate sales associate in the state of Florida, having been issued license number SL 3343461, are identified in documents filed with the Florida Division of Corporations, as the managers of Vamana Investment Group, LLC (Vamana). 6. At no relevant time has Vamana been registered or licensed with Petitioner as a valid, Florida real estate corporation. 7. Respondent, Pierre R. Abilhomme and Vamana facilitated the sale and purchase (Transaction), on behalf of Jean Charles (Complainant), as buyer, of certain real property located at 7843 Collins Ridge Boulevard, Jacksonville, Florida 32244 (Subject Property), outside of Respondent’s employer, Coldwell Banker. 8. On September 17, 2019, Complainant delivered to Respondent a check, payable to Vamana, in the amount of Sixteen Thousand and No/100 Dollars ($16,000.00) (Closing Funds), outside of Respondent’s employer, Coldwell Banker. 9. Respondent failed to deliver the Closing Funds to her employer, Coldwell Banker, on or before the end of the next business day after receipt. Rather, Respondent deposited the Closing Funds into an operating account titled to Vamana with Wells Fargo Bank. 10. Respondent failed to provide Respondent’s employer, Coldwell Banker, with any transaction documents related to the Transaction. 11. Complainant received a quit claim deed (Deed) from the record owner of the Subject Property. However, Coldwell Banker has no record of a closing file related to the Subject Property. COUNT ONE 12. This is an action for violation of Section 475.25(1)(e), Florida Statutes, through a violation of Section 475.42(1)(b), Florida Statutes. 13. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as if fully set forth herein. 14. Section 475.42(1)(b), Florida Statutes, provides for discipline when: “(b) 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.” 15. Based on the foregoing, Respondent violated Section 475.25(1)(e), Florida Statutes, through a violation of Section 475.42(1)(b), Florida Statutes. COUNT TWO 16. This action is for violation of Section 475.25(1)(e), Florida Statutes, through a violation of Section 475.42(1)(d), Florida Statutes. 17. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as if fully set forth herein. 18. Section 475.25(1) authorizes the Commission to impose any of the penalties sought herein if the Commission finds that Respondent has violated any of the provisions of Chapter 475, or any lawful order or rule issued under the provisions of Chapters 455 or 475. 19, Section 475.25(1)(e), Florida Statutes, subjects a real estate licensee to discipline for “[violating] 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.” 20. Section 475.42(1)(d), Florida Statutes provides: “(d) 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;...” 21. Based on the foregoing, Respondent violated Section 475.25(1)(e), Florida Statutes, through a violation of Section 475.42(1)(d), Florida Statutes. 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. SIGNED this 19" day of February, 2020. HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: //R. Gene Aldridge R. Gene Aldridge Assistant General Counsel, Division of Real Estate Fla. Bar No. 0277401 Department of Business and Professional Regulation Office of General Counsel 2601 Blair Stone Road Tallahassee, FL 32399 (850) 717-1210 Gene.Aldridge@MyF loridaLicense.com PCP Date: February 17, 2020 PCP MEMBERS: Fitzgerald/Boring 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: 20-003980PL