ALJDEC decisions subject to certification as final
25F-126-REL · Department of Real Estate · 2026-02-17
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of the Real Estate License of:
DANITA CUKER, holder of license number BR577801000
Petitioner
No. 25F-126-REL
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 2, 2026
APPEARANCES: Petitioner Danita Cuker appeared on her own behalf. Assistant Attorney General Heather McCoy appeared on behalf of the Arizona Department of Real Estate.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
EXHIBITS ADMITTED INTO EVIDENCE: Petitioner’s Exhibit A and the Arizona Department of Real Estate’s Exhibits 1-21 were admitted into evidence.
_____________________________________________________________________
FINDINGS OF FACT
On May 8, 2017, the Department issued real estate broker license number BR577801000 to Danita J. Cuker ("Cuker"). Cuker's license is scheduled to expire on May 31, 2027.
On June 27, 2023, Your Place Realty, LLC was incorporated in Arizona with Cuker as the only manager and member of the manager-managed company. Cuker is also the statutory agent.
On July 24, 2023, the Department issued real estate entity license number LC672993000 to Your Place Realty, LLC ("YPR"). YPR's license is scheduled to expire on May 31, 2027.
Cuker was YPR's Designated Broker from July 24, 2023, to June 1, 2025, and from July 15, 2025, until November 24, 2025.
Lynda Angel ("Angel"), broker license number BR630406000, was employed at YPR as an Associate Broker from July 6, 2023, until May 6, 2025; although Angel passed away in February 2025.
Investigation C25-000194
On May 31, 2025, the Department received a complaint, via phone call, from Nicolas Satschko ("Satschko"), alleging that Cuker did not return trust account funds within the 35-day period after he cancelled his property management agreement ("PMA") with YPR, as required by A.RS.§ 32-2173(C)(2). Mr. Satschko provided emails to the Department supporting his allegations.
In an email to Cuker dated February 22, 2025, Mr. Satschko wrote, "Please be advised your services to 2508 W. Sunset Way, Queen Creek, Arizona 85142, are hereby terminated ... Please return all and any deposits taken by Lynda Angel on behalf of 'Your Place Realty'... All refund payments are to be a direct deposit only to the account of Nichol;as [sic] Satschko as agreed with Lynda Angel of 'Your Place Realty'."
In an email to Cuker on March 27, 2025, Mr. Satschko wrote, "I demand my tenants rental deposit be returned to me within the maximum acceptable time period of the Arizona Real Estate Commission, that being March 291\ 2025, 35 days after notification of 'cancellation of service'."
On May 31, 2025, the Department sent Cuker, via the message center, a letter ("Initial Letter") notifying her of the allegations made by Mr. Satschko and requesting that she provide a written narrative statement with supporting documents by June 8, 2025. The Department also asked Cuker to provide the following:
a. Copy of the PMA.
b. Owner statements from 5/1/2024 through May 31, 2025.
c. Evidence of payments YPR made to Mr. Satschko for rent and owner funds.
d. Copy of the PMA termination with proof of fulfilling A.R.S.§ 32-2173(B)
and (C).
Cuker did not respond to the Department's Initial Letter by the June 8, 2025, deadline.
11. On June 26, 2025, a review of message center records indicated that Cuker had not opened the Initial Letter. Furthermore, the Department's licensing records showed that Cuker's license had expired on May 31, 2025.
Department staff attempted to call Cuker and leave a message, however, Cuker's voicemail was full.
The Department called another licensee, from a different brokerage, who knew Cuker and left a voicemail stating that they were trying to contact Cuker.
On June 27, 2025, Cuker called the Department and was informed of the complaint and that her license had expired on May 31, 2025.
Cuker explained that Mr. Satschko's property had been managed by her associate broker, Angel, who passed away in February 2025. Cuker stated that she did not have Mr. Satschko 's records at her office, as they were kept at Angel's home. Cuker also stated that she attempted to retrieve the records after Angel's death, but that they were erased or otherwise inaccessible.
The Department asked Cuker to review the Initial Letter that was sent to her and submit all requested documents as soon as possible.
Also during the call with the Department, Cuker stated that she had paid Mr. Satschko all the monies owed to him.
Cuker renewed her license on July 15, 2025, but as of July 17, 2025, had yet to respond to the Department's Initial Letter.
On July 18, 2025, the Department sent Cuker a subpoena through the message center and by certified mail. The subpoena required that Cuker provide all property management records for Mr. Satschko's property as well as proof that funds due to him were remitted. The subpoena gave a response deadline of July 31, 2025.
On July 22, 2025, Mr. Satschko sent a message to the Department stating that he had not yet received the funds that were owed him by YPR.
On August 1, 2025, Cuker sent a message to the Department stating that she was having difficulty uploading the requested documents through the message center but would keep trying.
On October 10, 2025, having not received the requested documents from Cuker, the Department issued a subpoena to Bank of America for the trust account records dating from December 1, 2024, through September 30, 2025, as well as all cancelled checks from that same period.
On October 28, 2025, the Department received the requested documents from the Bank.
The Department found that Cuker had been using the trust account funds for personal purchases. Unauthorized purchases included:
a. $1,113.93 -Frys Marketplace (grocery store - cumulative)
b. $294.44 - Restaurants/Entertainment (cumulative)
c. $24.00-Henry's Liquors
d. $266.58 - Temu (On-line Shopping)
e. $774.60-AAA Peoria Auto Repair
f. $143.98- Empire Leaming (Continuing Education Courses)
Other personal purchases included Safeway, Great Clips, Walmart and Target totaling several hundred dollars more.
On November 19, 2025, the Department summarily suspended Cuker's real estate broker's license.
On December 10, 2025, Cuker timely appealed the summary suspension.
Procedural History
On December 29, 2025, the Department issued a Notice of Hearing setting this matter for a hearing on February 2, 2026, before the Office of Administrative Hearings, an independent State agency, detailing the alleged violations of Department statutes. The Department asserted that Respondent’s conduct constituted violations of A.R.S. § 32-2153(A)(9), (16), (17), (18) and (24) and A.R.S. § 32-2153(B)(7) and (10).
Hearing Evidence
The Department offered the testimony of Senior Investigator Steven Hooper and Settlement Officer Lauren Abril who testified as to the above facts.
Ms. Cuker testified that she had been a broker for a long time and did not wat to lose her license. She testified further that she would do everything she could to not let this happen again as she was going through personal issues during the investigation. She also testified that she did not mean to put the charges on the account, however, the account ending in 3215 was her operating account while account ending in 3228 was her trust account. Ms. Cuker testified that she used a template to draft her property management contracts, so she was not aware which deposits were refundable versus non-refundable.
CONCLUSIONS OF LAW
The Commissioner has jurisdiction over Respondent and the subject matter in this case.
Pursuant to A.R.S. § 41-1092.07(G)(2) and A.A.C. R2-19-119(B), the Department has the burden of proof in this matter. The standard of proof is by a preponderance of the evidence. See A.A.C. R2-19-119(A).
The evidence of record established that Ms. Cuker failed her client in multiple respects, as well as failing to cooperate with the Department’s investigation in a timely manner. While personal issues are understandable, not timely responding to the Department was unacceptable, and demonstrated that Ms. Cuker was not able to be regulated.
The Department established it had grounds to issue the summary suspension and revoke Respondent’s license pursuant to of A.R.S. § 32-2153(A)(9), (16), (17), (18) and (24) and A.R.S. § 32-2153(B)(7) and (10).
RECOMMENDED ORDER
IT IS RECOMMENDED affirming the summary suspension and revoking Danita J. Cuker’s License No. BR577801000.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.
-54864001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-137160-45720000Done this day, February 17, 2026.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Susan Nicolson, Commissioner
Arizona Department of Real Estate
Danita J. Cuker
[email redacted]
Heather McCoy
Office of the Attorney General
[email redacted]
By: OAH Staff