Q: How does a sales person stay in compliance with the Do Not Call Registry rules?
A: Realtors are required to search the registry at least once every 31 days and drop from their call lists the phone numbers of consumers who have registered.
Five area codes will be provided at no charge and additional ones will cost $54 per area code, up to a maximum annual fee of $14,850 for access to the entire list.
These charges will give the telemarketer access to the area codes they select for one year.
Exemptions for complying with the Do Not Call Registry rules include informational calls, survey or political calls, calls promoting a political party or candidate, business-to-business calls, solicitations for charitable contributions, calls involving an established prior business relationship within 18 months preceding a call and calls to consumers who have given written permission to call.
FSBO’s and expired listings are not exempted from the application of the federal Do Not Call rules. More information is available at https://telemarketing.donotcall.gov/
Q: An agent trying to enforce a lien on the seller’s proceeds pursuant to a brokerage agreement but the owner says he is not entitled to a lien because he didn’t deliver the commission notice set forth in Sec. 475.705 to the owner at the appropriate time. Is this right?
A: A broker may still enforce a lien even if there is no timely delivery of the commission notice only if 1) the owner entered into a contract for sale of the property without the knowledge of the broker and a commission notice is delivered to the owner and closing agent before the closing agent disburses the owner’s net proceeds; and 2) the broker delivers to the closing agent a sworn affidavit stating that the commission notice was not timely delivered solely because the owner entered into a contract for the sale without the broker’s knowledge.
Q: Are appraisers required to analyze prior sales?
A: Yes. Standards Rule 1-5, USPAP, states that when the value opinion to be developed is market value, an appraiser must, if such information is available, analyze all agreements of sale, options or listings of the subject property current as of the effective date of the appraisal and must analyze all sales of the subject property that occurred within the three years prior to the effective date of the appraisal.
Q: A closing took place over a month ago, and an agent has not received her commission from her broker. Is this an issue for the Florida Real Estate Commission?
A: No. A commission dispute between a broker and a sales associate is generally a matter that can be resolved by a civil court. However, the sales associate’s independent contractor agreement may require some other form of dispute resolution such as arbitration or mediation.
Q: As a follow-up: the agent obtained a civil judgment against the broker but he still will not pay. Has the broker violated any real estate licensing laws?
A: This is a violation of real estate licensing law and a complaint can be filed with the FREC for violation of Section 475.25(1)(d)1, Florida Statutes.