On Monday, August 26, 2024, the Florida Bar filed a formal complaint against attorney Alejandro L. Marriaga with the Supreme Court of Florida. The complaint alleges multiple counts of misconduct related to real estate transactions Marriaga handled as the closing agent.
The case is entitled “The Florida Bar v. Alejandro L. Marriaga,” with case nos. 2023-30,003 (9A), 2023-30,328 (9A), 2023-30,582 (9A), and 2024-30,173 (9A).
The charges cited Rules Regulating Florida Bar 3-4.3, 4-1.4(a)(b), 4-1.4(b), 4-1.7(a), 4-1.15, 4-8.4(c), 5-1.1(b), 5-1.1(e).
The Florida Bar claims Marriaga intentionally misdirected closing funds, violated his fiduciary duties, failed to disclose conflicts of interest to clients, and did not properly manage his trust account according to the Rules Regulating Trust Accounts. These alleged violations are tied to four disciplinary cases involving Marriaga that were investigated by the Ninth Judicial Circuit Grievance Committee.
The first count centers around a residential lot purchase and construction contract Scott D. DuBois entered into with Steel X Homes in 2021. Marriaga handled the closing as the escrow and settlement agent. DuBois had signed a separate agreement with Triangle Construction to build the home. However, Triangle did not receive the $12,843 initial draw specified in the closing documents.
Marriaga admitted to using the escrow funds intended for Triangle to instead pay real estate commissions. He did not inform DuBois of this change or get his consent. The complaint alleges Marriaga may have improperly diverted some funds to Steel X as well. DuBois later sued multiple parties including Marriaga over the misdirected funds.
The second count involves a similar transaction Guillermo Aguilera engaged in with Steel X in 2021. After closing, Aguilera learned the builder listed in documents, Doma Concepts, did not receive the funds it was owed. Marriaga is accused of refusing Aguilera’s requests for an accounting of how closing funds were distributed until a bar grievance was filed.
His accounting then showed disbursements different from than closing papers Aguilera signed. An additional payment was made to Steel X Realty, where corporate records showed Marriaga had roles. No home was ever built despite Aguilera remaining liable on his construction loan.
The third count centers on a 2021 closing where Mark Stadolnik’s funds were supposed to go to Triangle Construction per agreement but Marriaga testified he distributed them to Steel X instead without Stadolnik’s consent or knowledge. Similarly, with a 2021 closing for Alexandra Morman, funds were disbursed contrary to closing papers and some went to Marriaga’s firm without her approval.
Throughout these transactions from 2018 to late 2022, the complaint outlines Marriaga served as Steel X’s attorney while also acting as the neutral settlement agent facilitating the deals. He failed to properly disclose this clear conflict of interest.
The complaint states:
“WHEREFORE, The Florida Bar prays respondent will be appropriately disciplined in accordance with the provisions of the Rules Regulating The Florida Bar as amended.”
According to avvo.com, Mr. Marriaga is a real estate attorney in Kissimmee, Florida. He attended the Barry University Dwayne O. Andreas School of Law, graduating in 2005. He acquired his law license in Florida in 2006.
A copy of the original filing can be found here.
