Questions and answers provided by Florida Realtors legal department:
Q: Does Florida law mandate that the real estate closing take place in the county where the real property is located?
A: No. However, many contract for sale/purchase forms include pre-printed provisions indicating where the closing must take place.
Q: May a Realtor use his or her nickname in my advertising, business cards or signage?
A: Business cards and signs are considered advertising. The proper way to use a nickname in advertising is to include it in quotation marks after the first name or first initial. For example: John “Johnny” Johnson or J. “Johnny” Johnson. And any time you use your first name or nickname in any advertising, you must also use your last name as it is registered with the Florida Real Estate Commission.
Q: A broker and wants to use an RV as his or her office. Can it be registered as the broker’s office?
A: No. Pursuant to Section 475.22 (1), Florida Statutes, a broker’s office must consist of at least one enclosed room in a building of stationary construction.
Q: A Realtor represents a buyer as a single agent who’s interested in a property listed with another agent. The Realtor submitted his buyer’s offer to the listing agent several days ago and hasn’t heard anything, and is concerned that the agent hasn’t presented the offer to the seller. Further, the listing agent won’t return calls. Can the Realtor 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: A sales associate switches brokers and asks if she is entitled to a commission on a listing that she procured and had under contract (but did not close) before she terminated the relationship with the former broker. Can she?
A: It depends. Generally, the only recourse would be to file a civil lawsuit against the former broker. In determining the 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: A real estate broker hears from one of his agents that another sales associate in the office had an administrative complaint filed against him by the Florida Real Estate Commission. Will the broker be notified by FREC of this action?
A: Yes. Section 475.25(6), Florida Statutes, provides that the DBPR or FREC “shall promptly notify a licensee’s broker or employer ... in writing when a formal complaint is filed against the licensee alleging violations of this chapter or Chapter 455.”
Q: When will this notification be sent to the broker?
A: According to Section 475.25(6), not until 10 days after the finding of probable cause by the Probable Cause Panel or DBPR or until the sales associate waives his or her privilege of confidentiality, whichever occurs first.
Q: An agent has been working with a buyer who has found a property on which he wishes to make an offer. The buyer wants to give the agent an escrow check to hold while he submits his offer. When must the agent place this deposit in an escrow account?
A: As per 61J2-14.010(1) and 61j2-14.008(3), Florida Administrative Code, the deposit must be immediately placed with a title company no later than the end of the third business day following receipt of the item to be deposited. Saturdays, Sundays and legal holidays shall not be considered business days.
Q: An agent wants to open a real estate corporation. Can the agent be an officer or director of the corporation?
A: An agent may be a shareholder of a real estate corporation; however, he or she may not be an officer or director of that corporation as per Chapter 61J2-5.016, Florida Administrative Code. Furthermore, the corporation must have a qualifying broker registered with the Department of Business and Professional Regulation. The qualifying broker of the corporation must be an officer or director of the real estate corporation.
Q: A broker is out of the office when a prospective buyer calls to see a home that is listed with another real estate brokerage company. This buyer wants to see the property immediately and wants the broker to represent him as a single agent. If the broker doesn’t have time to go back to the office to get the single agent relationship disclosure form, can he still show the buyer the house and provide him with the single agent relationship disclosure form later?
A: No. Section 475.278(3)(b)1, Florida Statutes, provides that a written single agent relationship disclosure “must be made before, or at the time of, entering into a listing agreement or an agreement for representation or before the showing of property, whichever occurs first.”