Florida Supreme Court Disbars Attorney Alejandro L. Marriaga for Misconduct in Real Estate Transactions
The Florida Supreme Court today announced the disbarment of attorney Alejandro L. Marriaga, effective in 30 days. The court’s decision reverses a referee’s recommendation for a three-year suspension, citing Marriaga’s intentional and deceitful conduct.
Marriaga was a sole practitioner and served as a “neutral settlement agent” for several real estate closings. The Florida Bar filed a four-count complaint against him, alleging he intentionally misdirected client funds, failed to disclose conflicts of interest, and violated trust accounting rules. A referee appointed by the court found Marriaga guilty of multiple professional misconduct violations.
The court’s per curiam opinion stated that a three-year suspension was “unfit given the intentional misconduct at issue” and “inadequate to protect the public and preserve the profession’s integrity.” Instead, the court ordered disbarment, effective in 30 days.
According to the court’s review of the referee’s report, Marriaga acted as a settlement agent for four real estate transactions involving Steel X Homes, a company he also served as an attorney, registered agent, and corporate manager. Despite presenting himself to buyers as a neutral third party, Marriaga concealed his deep ties to Steel X.
The court found that in each transaction, Marriaga improperly diverted closing funds that were intended for builders. Instead of disbursing the funds as per the closing documents, he rerouted the money to Steel X and its affiliates. Marriaga admitted that he knew the disbursements were made contrary to the closing statements.
“The referee’s findings depict a pattern of self-dealing that undermines the foundational duties of loyalty and integrity required of Florida lawyers,” the court wrote. “Marriaga’s dual roles placed him on both sides of each transaction, undermining any pretense of neutrality.”
The referee found that Marriaga was entrusted with more than $221,000 from the four buyers, and at least $41,389 was improperly diverted from builders to Steel X and its affiliates. In each case, none of the promised homes were built, and the buyers lost tens of thousands of dollars.
The court’s decision highlighted Marriaga’s “dishonest motive,” his pattern of misconduct, and his refusal to acknowledge the wrongfulness of his actions. Citing established precedent, the court emphasized that the misuse or misappropriation of funds held in trust is one of the most serious offenses a lawyer can commit and that disbarment is the “presumptively appropriate sanction” for intentional misconduct.
Marriaga is ordered to pay $7,979.01 to The Florida Bar for the cost of the proceedings.
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