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Report: #1499109

Complaint Review: Marcela Westberry - Miami Florida

  • Submitted:
  • Updated:
  • Reported By: Ana Martinez — Miami FL United States
  • Author Not Confirmed What's this?
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  • Marcela Westberry 700 NE 90th St Miami, Florida United States

Marcela Westberry She fraudulently and falsely claimed that she was my real estate agent, when we never had any agreement Miami Florida

*Consumer Comment: What actually happened?

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Marcella:

  As a real estate agent/broker you have several legal duties.
(3) SINGLE AGENT RELATIONSHIP.—
(a) Single agent–duties.—The duties of a real estate licensee owed to a buyer or seller who engages the real estate licensee as a single agent include the following:
1. Dealing honestly and fairly;
2. Loyalty;
3. Confidentiality;
4. Obedience;
5. Full disclosure;
6. Accounting for all funds;
7. Skill, care, and diligence in the transaction;
8. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and
9. Disclosing all known facts that materially affect the value of residential real property and are not readily observable.   More than just those duties, all of which you breached, you are affirmatively and ethically obligated to make and obtain proper disclosures, which you also failed to do.  See below.     (b) Disclosure requirements.—

1. Single agent disclosure.—Duties of a single agent must be fully described and disclosed in writing to a buyer or seller either as a separate and distinct disclosure document or included as part of another document such as a listing agreement or other agreement for representation.    The disclosure must be made before, or at the time of, entering into a listing agreement or an agreement for representation or before the showing of property, whichever occurs first. When incorporated into other documents, the required notice must be of the same size type, or larger, as other provisions of the document and must be conspicuous in its placement so as to advise customers of the duties of a single agent, except that the first sentence of the information identified in paragraph (c) must be printed in uppercase and bold type.  

The proper disclosure must contain certain prescribed items, as follows:   (c) Contents of disclosure.—

1. Single agent duties disclosure.—The notice required under subparagraph (b)1. must include the following information in the following form:
SINGLE AGENT NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.

As a single agent, (insert name of Real Estate Entity and its Associates) owe to you the following duties:
1. Dealing honestly and fairly;
2. Loyalty;
3. Confidentiality;
4. Obedience;
5. Full disclosure;
6. Accounting for all funds;
7. Skill, care, and diligence in the transaction;
8. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and
9. Disclosing all known facts that materially affect the value of residential real property and are not readily observable.     (c) Contents of disclosure.—The notice required under paragraph (b) must include the following information in the following form:
NO BROKERAGE RELATIONSHIP NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS.

As a real estate licensee who has no brokerage relationship with you, (insert name of Real Estate Entity and its Associates) owe to you the following duties:
1. Dealing honestly and fairly;
2. Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer.
3. Accounting for all funds entrusted to the licensee.
(Date) (Signature)   You did not ever provide me with any such disclosures and therefore have violated the Rules.  Moreover, I expressly told you that you were not serving as my real estate agent and yet you proceeded to blow up my agreement with the unit owner.   Florida statutes describe your violation.   475.42 Violations and penalties.—
(1) VIOLATIONS.—

(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.  Violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, or, if a corporation, it is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083, except when a different punishment is prescribed by this chapter.   

Nothing in this chapter shall prohibit the prosecution under any other criminal statute of this state of any person for an act or conduct prohibited by this section; however, in such cases, the state may prosecute under this section or under such other statute, or may charge both offenses in one prosecution, but the sentence imposed shall not be a greater fine or longer sentence than that prescribed for the offense which carries the more severe penalties.    You should be reminded that: A civil case, criminal case, or a denial, revocation, or suspension proceeding may arise out of the same alleged state of facts, and the pendency or result of one such case or proceeding shall not stay or control the result of either of the others.   Moreover, I am entitled if you refuse to provide the waiver, to proceed to file for injunctive relief and seek my attorneys fees and costs.  See below.   475.5017 Injunctive relief; powers.—
(1) Appropriate civil action may be brought by the department in circuit court to enjoin a broker from engaging in, or continuing, a violation of this part or doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such temporary or permanent injunction as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint one or more receivers for the property and business of the broker, including books, papers, documents, and records pertaining thereto, or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through, or by means of, the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as is, from time to time, conferred upon her or him by the court. In any such action, the court may issue an order staying all pending civil actions and the court, in its discretion, may require that all civil actions be assigned to the circuit court judge who appointed the receiver.
(2) All expenses of the receiver shall be paid out of the assets of the brokerage firm upon application to and approval by the court. If the assets are not sufficient to pay all the expenses of the receiver, the court may order disbursement from the Real Estate Recovery Fund, which may not exceed $100,000 per receivership.   We formally request a written waiver from you by the end of this weekend or no later than MOnday, August 24, 2020.  Otherwise, we will proceed to file a formal written complaint against you and your company with FREC.   By governed accordingly.     Ana Martinez

This report was posted on Ripoff Report on 08/24/2020 08:50 AM and is a permanent record located here: https://www.ripoffreport.com/report/marcela-westberry/miami-florida-fraudulently-1499109. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment

What actually happened?

AUTHOR: FloridaNative - (United States)

POSTED: Tuesday, August 25, 2020

I read your report and wasn't able to determine what actually happened to prompt your complaint.  As you probably know, in Florida the agent is considered a Transaction agent unless the consumer signs with the agent for Single Agency Relationship.  I don't see where you posted the prevailing agency relationship (the one stipulated by Fl RE statutes) - which is the Transaction Broker Relationship.

Did the agent perform services for you at all? 

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