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Howell, Buchan & Strong - Professional License Defense Attorneys in Florida

Pre-Licensing Requirements for Real Estate Agents, Brokers, and Salespersons

November 4, 2022
Est read time: 2 minutes

The State of Florida requires individuals who intend to practice in the real estate field as a broker, agent, or salesperson to hold a license. The various positions within the real estate field require different licenses. Engaging in unlicensed activity carries administrative and criminal penalties. Howell, Buchan & Strong Attorneys at Law can assist you in obtaining the appropriate license that suits your needs. 

To qualify for a license, individuals must pass the state real estate exam, undergo a criminal background check, and complete a licensing instruction course within two years of applying. Failing to complete any of the requirements and practicing within the real estate field without obtaining an approved license can subject you to criminal and administrative penalties. 

Criminal Penalties 

Pursuant to section 475.42(1)(a) “[a] person may not operate as a broker or sales associate without being the holder of a valid and current active license therefor. Any person who violates this paragraph commits a felony of the third degree….” An individual who engages in unlicensed activity could face penalties including: 

  • Up to five years in prison 
  • Up to five years of probation 
  • Up to $5,000 in fines

Administrative Penalties

In addition to criminal penalties, individuals who engage in unlicensed practice can face administrative penalties that include but are not limited to fines or denial of licensure. The State of Florida has broad discretion in determining which corrective action would be appropriate. Mitigating factors may be presented to the regulating agency to reduce penalties. Howell, Buchan & Strong attorneys can assist with presenting such mitigating factors to the regulating agency. 

Let Us Help You:

  • Understand your options. 
  • Determine the appropriate license for you.
  • Submit a complete application package to the State. 
  • Advise you on how to successfully navigate the system.
  • Advise you on the approach to meeting with Florida Real Estate Commission (FREC), or the Florida Real Estate Appraisal Board (FREAB).
  • Argue mitigating circumstances which might lessen the penalties.
  • Represent you and your case before the FREC or the FREAB.

At Howell, Buchan & Strong Attorneys at Law, we are uniquely qualified to assist you with applying for licensure or defending your license. Not only do we have decades of experience dealing with state government agencies and the legal issues that arise; we also have offices that are conveniently located in Tallahassee, Florida’s Capital City, where the Department of Business and Professional Regulation is based, and a secondary office in Orlando, headquarters for the Florida Real Estate Commission. 

Have Questions? Let's Talk

Have questions about your real estate license and how to protect it? Contact the law firm of Howell, Buchan & Strong at 850-877-7776 to set up a FREE, no-obligation consultation. 

Orlando (407) 717-1773 | Tallahassee (850) 877-7776 | Tampa (813) 833-6726 | Sarasota (941) 779-4348

¿Necesita un consejo? No vaya solo, estamos aqui para aydarle. Llame a la asistente legal Helen Blandon para una consulta gratuita hoy en el bufete de abogados de Howell, Buchan & Strong, al 407-717-1773.

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