The History of Florida Real Estate Law
Florida passed its first real estate license law in 1923. The first Florida Real Estate Commission was created to enforce and administer the law in 1926. The purpose of the law is to protect the public.
The Florida Legislature deems it necessary, in the i
Division of Real Estate (DRE).
Within the DBPR is the DRE is mandated to protect the public by regulating real estate and appraisal licensees as required in Chapter 475, Florida Statutes. The Division is responsible for the examination, licensing and regulation of over a quarter of a m
The Florida Real Estate Commission (FREC)
is the enforcer of real estate rules and discipline. Members are appointed by the Governor with a primary purpose to protect the consumer.
In the past, real estate - as with any purchase endeavor, operated under the concept of Caveat emptor*. When it was
Real Estate License Categories
One of the first areas of regulation within the business of real estate is qualification and licensing. Persons involved in transacting real estate business must have knowledge and skill in order to ensure that consumers understand the process and activit
Sales Associate:
A person who provides real estate services for another, for compensation under the direction, control and management of a broker.
Broker:
A person who provides real estate services for another, for compensation.
Both must be licensed to perform these services.
Broker Associate:
a licensed broker who chooses to work as a sales associate under the direction of another broker.
Remember: A sales associate or a broker associate must always operate under the direction and guidance of a broker.
Once licensing requirements are met, the
General Licensure Provisions
A basic requirement, specified by statute, for a real estate licensee in Florida and other states is honesty. The importance of true and accurate information on the Florida application and background questionnaire cannot be overly stressed. Lying on the a
The applicant for real estate license:
Must be 18 years or older
Have a high school diploma, or its equivalency
Must be honest, truthful, trustworthy, of good character, and have a good reputation for fair dealings
Disclosure is required if the applicant:
is under investigation, has ever been
General Licensure Requirements
No person shall be disqualified from practicing an occupation or profession regulated by the state solely because he or she is not a United States citizen.
Foreign-speaking Florida residents are encouraged to become duly qualified in their professions so
Application Requirements:
A. When applying for a sales associate or broker's license, candidates MUST Submit a completed Application and pay a fee set forth by the commission. Other requirements are:
Complete the application form from the Department of Business and Professional Re
Background Check Procedure
An applicant for licensure must submit an electronic fingerprint from an appropriate agency. Prints are is forwarded to the Department of Criminal Justice Information Systems within the Department of Law Enforcement for purposes of processing the fingerpr
Nonresident Application Requirements
A person who does not reside in Florida may obtain a Florida real estate license under certain conditions:
An applicant who is not currently licensed who lives in a state without a Mutual Agreement with the state of Florida must follow all of the educatio
Military Applicants
Under House Bill 7015, which goes into effect July 1, 2014, the Department now has the ability to waive the initial licensing fee, the initial application fee, and the initial unlicensed activity fee for military veterans and their spouses at the time of
Denial of Licensure
Just as a reminder, the following may be the basis for denial of a license:
Failure to file the correct application in proper form
Failure to pay the appropriate fee
Failure to correct the application within the allotted time period
Failure to provide a f
Sales Associate Pre-license Course
The Sales Associate's course for pre-license consists of 63 classroom hours of 50 minutes each.
The course includes the basic fundamentals of principles and practices, basic real estate and license law. It is called FREC I. At the end of the course, a 70%
The Sales Associate's State Examination
The state of Florida has hired Pearson VUE, a professional testing company, to administer its real estate exams. The exam is administered using electronic testing which eliminates pencil and paper. The questions and answers are presented on a touch-sensit
Review of Most Recent Exam
Students who have taken a Florida Division of Real Estate exam may review the most recent exam within two years of the date of the examination. They must contact Pearson VUE to schedule an appointment to review the exam.
Students will be permitted to revi
Review of Most Recent Exam
Students who have taken a Florida Division of Real Estate exam may review the most recent exam within two years of the date of the examination. They must contact Pearson VUE to schedule an appointment to review the exam.
Students will be permitted to revi
Sales Associate's Post-license
A post-license course for sales associates is required during the first licensee period. The course is 45 classroom hours and it must be completed within the first license period, before the license expires. The subjects covered are agency law, property m
Broker License Requirements
To become a Broker, the applicant:
Must have been a sales-associate actively licensed under a broker for at least 24 months prior to taking the broker course and have completed the sales associate's post-license course. The 24 month experience requirement
The State Licensure Examination for Brok
Brokers also take a computer-based exam to obtain a Florida Broker's license. It is administered by Pearson VUE and the student must attain a score of 75% or higher for a passing grade.
The content for the state broker's exam includes a knowledge, underst
Broker Post-license Course
Two post-license courses are required during the first licensure period as a broker. These courses consist of two, thirty hour courses, which require a written school exam.
Failure to complete this requirement causes the broker's license to become null an
Mutual Recognition Agreements with other States
Mutual recognition agreements change from time to time based on Commission decisions in Florida and in the states where the agreements exist. If mutual recognition status of a particular state is important to you, please check the FREC site to determine t
Information Included in the Real Estate License
Florida real estate licenses include:
The name of the Governor
The Seal of the State of Florida
The name of the Secretary of the Department
The effective date and expiration date of the license
The license number and status
The licensee's name
The approve
Registration vs. Licensure
When real estate is practiced as a business entity rather than as an individual, the state of Florida provides for Registration, rather than individual licensing.
Registration is the procedure giving information to the DRE (Division of Real Estate) which
Continuing Education Requirements
All licensees must renew their real estate licenses every two years after the initial license period. During the first renewal period, the licensee will be required to do a post-license course that is pertinent to that license (sales associate post-licens
Who Does Not Need a Real Estate License in Florida
Certain individuals do not need a license for selling, leasing, etc. real estate in Florida . These individuals are:
An owner selling his/her own property
Anyone acting as an Attorney in Fact. This is an individual authorized to act for another using a do
Who Does Not Need a License? (cont'd)
Certain property management and rental individuals and companies are also exempt from Florida Real Estate Law. These are:
A salaried employee of an owner or of a registered broker for an owner of an apartment community who works in an onsite rental office
Other Individuals Who Do Not Need a Florida Real Estate License
Any individual, corporation, partnership, trust, joint venture or other entity involved in selling, exchanging, or leasing its' own property. However, if an agent, employee or independent contractor is paid a commission or other compensation (not salary),
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Some licensees become so successful that they are not able to handle their business without help. These licensees use assistants, who may be either licensed or unlicensed, to help with follow-up, marketing, computer tasks and other errands required to mov
Use of Real Estate Assistants
Some licensees become so successful that they are not able to handle their business without help. These licensees use assistants, who may be either licensed or unlicensed, to help with follow-up, marketing, computer tasks and other errands required to mov
Paying Referrals to other Real Estate Brokers
Real Estate brokers throughout the United States have a system of paying "inbound" and "outbound" brokers in other states for leads. These brokers call and make a contract arrangement with Florida brokers to be paid a portion of the commission for people
Unauthorized Practice of Law
Understanding what may and may not be provided to a seller or buyer as far as opinions and comments is paramount to keeping your license and reputation intact in this business. Licensees, who choose to give an opinion of title, interpret a contract, provi