FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor Date 8/27/2020 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2020-010186 CONSTANCE LOVE, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Florida Real Estate Commission against CONSTANCE LOVE, (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. Atall times material hereto, Respondent was licensed as a real estate Sales Associate in the state of Florida, having been issued license number SL 3398360. 3. Respondent’s address of record is 7750 Okeechobee Blvd., Number 4-54, West Palm Beach, FL 33411. 4. On or about December 12, 2019, Respondent, as Buyer, and Heather J. Sykes (Complainant), as Seller entered into an “‘AS IS’ Residential Contract for Sale and Purchase” (Agreement) of real property located at 2655 SW 86th Ave., Davie, FL 33328 (Subject Property). 5. In accordance with the terms of the Agreement, Respondent was to make an earnest money deposit of $18,000 to be held by Title Now, LLC, within seven (7) days after the Effective Date of the Agreement. 6. Respondent failed to place said deposit money in escrow, as required under the Agreement. 7. At the same time Respondent and Complainant executed the Agreement, Respondent presented Complainant with a quit claim deed for the Subject Property (Quit Claim Deed) for execution, which Complainant signed, which to Complainant’s knowledge was outside the presence of a notary, and despite that no consideration was exchanged at that time, but rather in anticipation of the closing of the Agreement. 8. On or about February 25, 2020, Title Now, LLC, communicated to the Complainant that they were not holding any escrow funds for this contract or buyer. 9. According to the Agreement the transaction was to close “on or before 30th day post short sale approval.” 10. Paragraph 18(F) established that “[t]ime is of the essence in this Contract.” 11. On or about January 6, 2020, Respondent recorded the Quit Claim Deed in the chain of title to the Subject Property, despite that Respondent failed to pay the Complainant the agreed upon consideration set forth in the Agreement. 12. There is no evidence that the transaction had closed pursuant to the Agreement prior to the time of the recording of the Quit Claim Deed. 13. Respondent claimed that the purpose of the Quit Claim Deed was “for some sort of leverage.” COUNT ONE 14. This is an action for violation of Section 475.25(1)(d)2, Florida Statutes. 15. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13) as if fully set forth herein. 16. A licensee is in violation of Section 475.25(1)(d)2, Florida Statutes, if the licensee: Has failed to deposit money in an escrow account when the licensee is the purchaser of real estate under a contract where the contract requires the purchaser to place deposit money in an escrow account to be applied to the purchase price if the sale is consummated. 17. Based on the foregoing Respondent violated Section 475.25(1)(d)2, Florida Statutes. COUNT TWO 18. This is an action for violation of Section 475.42(i), Florida Statutes. 19. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through thirteen (13) as if fully set forth herein. 20. A licensee is in violation of Section 475.42(i), Florida Statutes, if the licensee: A broker or sales associate may not place, or cause to be placed, upon the public records of any county, any contract, assignment, deed, will, mortgage, affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to her or him to be false, void, or not authorized to be placed of record, or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or sales associate or other person, or for any unlawful purpose. However, nothing in this paragraph shall be construed to prohibit a broker or a sales associate from recording a judgment rendered by a court of this state or to prohibit a broker from placing a lien on a property where expressly permitted by contractual agreement or otherwise allowed by law. 21. Based on the foregoing Respondent violated Section 475.42(i), 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 17" day of August, 2020. HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: /s/Heather Page Heather B. Page Assistant General Counsel, Division of Real Estate Fla. Bar No. 84009 Department of Business and Professional Regulation Office of General Counsel 2601 Blair Stone Road Tallahassee, FL 32399 (407) 650-4086 Heather.Page@MyFloridaLicense.com PCP Date: 08/17/2020 PCP MEMBERS: Schwartz/Guju 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: 21-000240PL