Q: I’m planning to send a mass mailing to all the homes in the subdivision I farm. Is there a legal requirement that says I must include a disclaimer informing recipients who have already listed their property to ignore the advertisement?
A: No. There is no legal requirement to include any such disclaimer in the advertisement.
Q: I’m a sales associate who recently switched brokers. Am I entitled to a commission on a listing that I procured and had under contract (but did not close) before I terminated my relationship with my former broker?
A: It depends. Generally, your only recourse would be to file a civil lawsuit against your former broker. In determining your right to be paid, the court could consider the independent contractor agreement between the broker and the sales associate, if one exists. If no such agreement exists, or if the independent contractor agreement is silent on the issue of payment of commissions after termination, the court would consider other evidence, such as the broker’s office policy manual, verbal agreements between the broker and sales associate concerning commissions, and past business practices of the broker as well as what is customary in the industry.
Q: I represent an investor who is selling a home. He tells me that since he’s never lived in the property, he isn’t required to provide the buyer with a seller property disclosure statement. Is this true?
A: Yes and no. A seller isn’t required to fill out a seller’s disclosure statement regardless of whether the seller occupied the property or not.
However, pursuant to the Florida Supreme Court case Johnson vs. Davis, a seller is required to disclose known facts that materially affect the value of the property that are not known and readily observable to the buyer. That disclosure requirement exists whether or not the seller occupied the property.
Q: I’m a broker who’s already requested an Escrow Disbursement Order from the Florida Real Estate Commission. The seller is now suing the buyer for the money. What should I do?
A: Notify FREC in writing. Rule 61J2-10.032(2)(c), Florida Administrative Code, provides that “if the broker has requested an EDO and the dispute is subsequently settled or goes to court before the order is issued, the broker shall notify FREC within 10 business days of such event.”
Q: I’m a new sales associate who is being trained by a seasoned sales associate at my office. I think this sales associate is paying referral fees to unlicensed people, which I know isn’t permitted under Section 475.25(1)(h), Florida Statutes. Am I legally required to report this activity to FREC?
A: No. Section 475.25(1)(a), Florida Statutes, provides that real estate licensees are exempt from having to report such violations.
Q: I represent a buyer who entered into a contract to purchase a residential condominium. The contract includes Section 718.503 (2)’s statutorily required language giving the buyer three days after execution of the contract and receipt by the buyer of the condominium documents to cancel. It has been two weeks since the parties entered into the contract, and the seller has yet to provide the condo documents to the buyer. Now the seller wants the buyer to sign an addendum which says the buyer will only have 24 hours from receipt of the documents to cancel. If the buyer signs this amendment, would it be valid and enforceable?
A: No. The disclosure language set forth in Section 718.503(2) provides “any purported waiver of these voidability rights shall be of no effect.” Therefore, an amendment to a contract where the parties presumably agreed to resolve the time period the buyer has to cancel from the three day period outlined in the statute to 24 hours would not be enforceable.
Q: I represent an out-of-state buyer who is looking for property in a 55-and-older community. She is here on vacation and has a limited amount of time to look for property. How can I find out where all the 55-and-older communities are in my area?
A: The Florida Commission on Human Relations has a registry of “55 and older” communities available on its Web site. Go to http://fchr.state.fl.us, select the “Directory of 55+ Housing Communities” link, then select “55+ Directory.” You can then search the directory by county, unit, name address, city.