Florida Real Estate Sales Associates Must Act and Receive Payment in Employer’s Name

Under Florida law, real estate sales associates cannot initiate a real estate brokerage transaction, or receive payment in connection thereof, except in the name of their registered employer. Failure to comply with the law can result in the sales associate’s license being revoked, and fines of up to $5,000 for each offense.

If you are a licensed real estate sales associate in Florida and have received an administrative complaint from the Department of Business and Professional Regulation (DBPR), you are probably concerned about how this may affect your license. To set up a FREE no-obligation consultation with attorney Jeff Howell or attorney Rickey Strong, contact the law firm of Howell, Buchan & Strong, Attorneys at Law at 850-877-7776. We represent licensed sales associates statewide, including out-of-state clients who are concerned about the status of their Florida license.

According to Section 475.42(1)(d), Florida Statutes:

A sales associate may not collect any money in connection with any real estate brokerage transaction . . . except in the name of the employer and with the express consent of the employer; and no real estate sales associate . . . shall commence or maintain any action for a commission or compensation in connection with a real estate brokerage transaction against any person except a person registered as her or his employer at the time the sales associate performed the act or rendered the service for which the commission or compensation is due.

In addition, according to Section 455.28, Florida Statutes, and Rule 61J2-24.001(3)(z), Florida Administrative Code, you can face administrative fines of between $250 to $1,000 for each violation if you don’t have a prior disciplinary history, and fines in the amount of $1,000 to $5,000 for each violation if you do have a prior history. Your license can also be suspended or revoked, even if it is your first offense. Your disciplinary history is a matter of public record which will be viewable by your clients and employers.

However, these penalties are not set in stone. The Florida Real Estate Commission can take into account any number of aggravating or mitigating factors to increase or lesson the penalties set down in the rules. When you have an experienced real estate attorney fighting for you, you stand a much better chance of receiving the lowest possible penalty, and even of getting the complaint against you dismissed.

Contact the law firm of Howell, Buchan & Strong, Attorneys at Law at 850-877-7776 to set up your FREE no-obligation consultation with attorney Jeff Howell or attorney Rickey Strong today. DBPR has experienced attorneys on its side. So should you!