Q: I manage a residential property for a landlord. The landlord entered into a written lease with a tenant, which prohibits the tenant from having pets in the dwelling. Recently, the landlord informed me that the tenant has a dog and cat and the landlord wants to terminate the lease. May he do so?
A: It depends. The Residential Landlord/Tenant Act, specifically Section 83.56(2)(b), outlines the procedures that the landlord must follow before terminating the lease (other than for tenant’s non-payment of rent). Keeping unauthorized pets is considered a “noncompliance” with the terms of the lease, but the tenant should be given an opportunity to cure. Therefore, the tenant must be given written notice that specifies the noncompliance and offers the tenant an opportunity to correct it within seven days from the date that notice is delivered. If the tenant fails to remove the pets within the period or if the same noncompliance occurs within 12 months, then the landlord may terminate the rental agreement by giving the tenant a second notice specifying the noncompliance and stating that the lease is terminated and the tenant has seven days to vacate.
Q: I’m a broker setting up a Web site for the brokerage firm. Our office address and phone number will be located on the left-hand corner of the site. Where must I place the licensed name of the brokerage firm?
A: Rule 61J2-10.025(3)(a), Florida Administrative Code, provides that if a brokerage firm is advertising on the Internet, the licensed name of the firm “shall be placed adjacent to or immediately above or below the point of contact information.”
The rule states: “Point of contact information” refers to any means by which to contact the brokerage firm or individual licensee including mailing addresses(es), physical street address(es), e-mail address(es), telephone number(s) or facsimile telephone number(s).
Q: I’m a real estate licensee, and I’d like to place a For Sale by Owner sign in my front yard to attract potential buyers and other real estate licensees. I’m not actually planning to sell my house; I just want to market my real estate services to anyone who sees my FSBO sign and calls me. Is this allowed?
A: No. From a licensing law perspective, Section 475.25(1)(c), Florida Statutes, warns that licensees must not “advertise any property or services in a manner which is fraudulent, false, deceptive, or misleading in form or content,” and Rule 61J2-10.025, Florida Administrative Code, echoes this point. The Florida Real Estate Commission may also be able to assert that this type of activity is dishonest dealing under Section 475.25(1)(b).
Enticing potential buyers and other real estate licensees to call about your house, which you have no intention of selling, in an attempt to market your services is a violation of Article 12 of the Realtor Code of Ethics, promulgated by the National Association of Realtors and adopted by the Florida Association of Realtors. Article 12 advises, in part, “Realtors shall be careful at all times to present a true picture in their advertising and representations to the public.” Check with your local Board or visit here for a copy of the Realtor Code of Ethics.
Q: I’m a Realtor representing a buyer (as a single agent) who’s interested in a property listed with another agent. I submitted my buyer’s offer to the listing agent several days ago; however, I’m concerned that he hasn’t presented the offer to the seller. I’ve been unsuccessful in reaching the listing agent. May I contact the seller directly?
A: No. Pursuant to Article 16 of the Code of Ethics, a Realtor working as a buyer’s agent may communicate with the seller only through the listing office, unless he or she has permission from the listing agent to communicate with the seller directly. It’s recommended that the buyer’s agent obtain permission from the listing agent or broker in writing.
Q: I’m a sales associate listing my own property for sale with the brokerage where I have my real estate license. Must I disclose my license status to prospective buyers and provide an agency disclosure?
A: If you’re a member of a local Board of Realtors such as NEFAR, you must disclose your license status to prospective buyers, in writing prior to the signing of any contract, when selling your own property or when you have any ownership interest in property, as per the Realtor Code of Ethics, Article 4, to which the National Association of Realtors requires you to adhere.
Because you’re acting in your licensed capacity in selling this property, you must comply with the agency disclosure requirements under Section 475.278, Florida Statutes. Thus, you may need to provide a prospective buyer with the No Brokerage Relationship Disclosure, per Section 475.278, Florida Statutes, if the party isn’t represented. Florida law requires a real estate licensee who has no brokerage relationship with a potential seller or buyer to disclose his or her duty to the seller and the buyer. The real estate licensee disclosure requirements apply to all residential sales unless an exemption applies, per Section 475.278(5)(b)(2), Florida Statutes.
Q: Is a cooperating broker who procures a buyer entitled as a matter of law to half of the commission that the listing broker receives?
A: No. There is no law entitling a cooperating broker to half of the commission received by a listing broker.
Q: Must I place my real estate license on the wall in my office?
A: No. There is no legal requirement to display your license on the wall or anywhere else in your office.
Q: Does the federal do-not-call legislation apply to door-to-door solicitations?
A: No. However, you may still be prohibited from making door-to-door solicitations if there is a community, municipal or county restriction on door-to-door solicitations or if there is a posted No Trespassing sign on the property or the community.
Q: I’m a broker with a listing for a home that has a lawn and a pool. The owner went overseas, but he gave me money to hire a lawn maintenance company and a pool cleaning service while he is away. Should I put this money in my escrow account?
A: Yes. Whenever you receive funds in connection with a real estate transaction belonging to someone else you must deposit and hold the money in an escrow account until you have proper authorization from the owner for release.