Fair Housing
Q: Is it necessary to use the Equal Housing Opportunity slogan and logo in advertisements?
A: The Fair Housing Act does not require the use of the Equal Opportunity slogan or logo. Use of the slogan and logo expresses your commitment to fair housing. Use of the slogan and logo can serve to temper a perception that discrimination is indicated in an advertisement.
Q: A landlord doesn’t want to rent to college students. May he refuse to rent to single out college students without violating the Fair Housing Act?
A: Yes. College students don’t constitute a protected class under the Fair Housing Act, which prohibits discrimination based on race, color, religion, handicap, familial status or national origin. Familial status has been defined as a person with one or more children under the age of 18, a woman who is pregnant or a person who has custody or is gaining custody of a child under the age of 18.
Q: An agent represents an out-of-state buyer who is looking for property in a 55-and-older community, and who is here on vacation and has a limited amount of time to look for property. How can the agent 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.
Complaints
Q: A FREC investigator interviewed an agent as a witness to a transaction that resulted in a complaint against a broker in her area. He doesn’t want any trouble, so he cooperated and told the investigator what he knew about the transaction. The broker was suspended and is threatening to sue the agent for talking to the investigator. Can the agent be sued for being a witness?
A: Section 455.225(11), Florida Statutes, provides that a privilege against civil liability is granted to any witness to an investigation, unless the witness acted in bad faith or with malice in providing such information.
Q: How can a complaint be filed with the Florida Real Estate Commission?
A: All complaints must be in writing. Although a letter is acceptable, the Department of Business and Professional Regulation prefers a Uniform Complaint Form that is available from various sources, including floridarealtors.org and http://www.MyFloridaLicense.com.
Q: A former client informed an agent that he was unhappy with the agent’s performance in handling his transaction, and is going to file a complaint with the Florida Real Estate Commission. What happens once a complaint is filed?
A: Once a complaint is filed, the Department of Business and Professional Regulation determines whether or not the allegations in the complaint would, if true, constitute a violation of Section 475, Florida Statutes or the rules promulgated by the FREC.
If DBPR determines they would constitute a violation, it will initiate an investigation. DBPR is required by law to notify the licensee or his or her attorney by promptly providing a copy of the complaint or other document that prompted the decision to investigate.
Q: A real estate broker recently heard 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?
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: Will the customer who filed the complaint be notified about the status of the complaint against the licensee?
A: Yes. The DBPR is required, per Section 455.225(9), Florida Statutes, to periodically notify the person who filed the complaint of the status of the investigation, whether probable cause was found and the status of any administrative proceeding or appeal.