FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetle Lawson-Proctor STATE OF FLORIDA ‘aie agpreope DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA 1 Fie # FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2020-029784 LETICIA ELEJALDE, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner or Department) files this Administrative Complaint before the Florida Real Estate Commission (Commission) against LETICIA ELEJALDE (Respondent), and alleges: 1. Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165 and Chapters 120, 455, and 475, Florida Statutes. 2. Respondent is currently licensed as a real estate sales associate, having been issued license number SL 3013710. 3. Respondent’s address of record is 8701 SW 12" Street, Apt. 7, Miami, FL 33174. 4. At all times material to this complaint, Respondent was registered as an employee with Real Estate Sales Force Inc., a current active Real Estate Broker in the State of Florida, License number CQ 1023811. 5. According to Florida Division of Corporation records, Respondent is the authorized member and registered agent of Flip Experts, LLC. 6. On or about December 20, 2019, Maria De Los Santos (Complainant) sought to purchase a property located at 3214 SW 156 Ct., Miami, FL 33185 (Subject Property). 7. The Complainant’s agent instructed her to wire the purchase funds to the Respondent’s company, the Flip Experts. 8. On or about December 20, 2019, Respondent and Complainant entered into an agreement that Respondent would fully refund all money paid towards purchase of the Subject Property, less fees, if title was not received within 60 days of the Certificate of Sale. 9. On or about December 20, 2019, Complainant sent funds via wire transfer to the Respondent’s company Flip Experts for the purchase of Subject Property. 10. At the time Respondent accepted funds for the purchase of Subject Property, Respondent was registered as an employee of The Sales Force, Inc. 11.‘ At all times relevant to this complaint, Respondent failed to place the purchase funds with her employer. 12. On or about December 23, 2019, Complainant was provided a receipt for a deposit which she was told was for the sale of the Property. 13. At all times material to this complaint, title for Subject Property was never transferred to the Complainant. 14. On or about June 17, 2020, Complainant requested a refund from Respondent. 15. Respondent failed to deliver the requested funds received from Complainant. 16. Neither the Respondent nor Flip Experts, LLC. was listed as the owner of the subject property at any time material to this complaint. 17. At no time material hereto has the Respondent been licensed as a real estate broker in the State of Florida. COUNT ONE 18. This is an action for violation of Section 475.25(1)(k), Florida Statutes. 19. Petitioner re-alleges and incorporates by reference paragraphs one (1) through eighteen (18) as though fully restated herein. 20. Section 475.25(1), Florida Statutes, 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, Florida Statutes, or any lawful order or rule issue under the provisions of Chapters 455 or 475, Florida Statutes. 21. A licensee is in violation of Section 475.25(1)(k), Florida Statutes, if the licensee engaged as described in said Section, as follows: ... has failed, if a sales associate, to immediately place with her or his registered employer any money, fund, deposit, check, or draft entrusted to her or him by any person dealing with her or him as agent of the registered employer. 22. Based on the foregoing, Respondent violated Section 475.25(1)(k), Florida Statutes. COUNT TWO 23, This is an action for violation of Section 475.25(1)(d)1, Florida Statutes. 24. Petitioner re-alleges and incorporates by reference paragraphs one (1) through eighteen (18) as though fully restated herein. 25. A licensee is in violation of Section 475.25(1)(d)1, Florida Statutes, 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 of 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. 26. Based on the foregoing, Respondent violated Section 475.25(1)(d)1, Florida Statutes. COUNT THREE 27. This is an action for violation of Section 475.25(1)(b), Florida Statutes. 28. Petitioner re-alleges and incorporates by reference paragraphs one (1) through eighteen (18) as though fully restated herein. 29. Section 475.25(1)(b), Florida Statutes, 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; has violated a duty imposed upon her or him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme. It is immaterial to the guilt of the licensee that the victim or intended victim of the misconduct has sustained no damage or loss; that the damage or loss has been settled and paid after discovery of the misconduct; or that such victim or intended victim was a customer or a person in confidential relation with the licensee or was an identified member of the general public. 30. Based on the foregoing, Respondent violated Section 475.25(1)(b), Florida Statutes. WHEREFORE, Petitioner requests the Commission enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent’s license, restriction of practice, imposition of 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 the Commission deems appropriate. SIGNED this 19" day of October, 2020. HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: Amanda S. Bova Amanda S. Bova Assistant General Counsel, Division of Real Estate Fla. Bar No. 36434 Department of Business and Professional Regulation Office of General Counsel 2601 Biair Stone Road Tallahassee, FL 32399 (407) 650-4360 Amanda.Bova@MyFloridaLicense.com PC Found: 10-19-2020 PC Found By: Fitzgerald / Chotas 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 the receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING THE 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: 21-000362PL