Notes

Chris works as an administrative assistant in a brokerage office. He is a salaried employee who does not have a real estate license. Last week, Chris showed a listing to a customer because the broker was too busy to show the property to the customer. Chris walked the customer through the property, pointing out its features and discussing the homeowner's association clubhouse, pool, and annual dues.

Was Chris required to be licensed to show the property to a customer?

License is required. Chris performed real estate services (buying and selling activities) by giving suggestive information about the property that was not presented in preprinted materials. This is a violation of Chapter 475.

A court of law appoints Matthew, who is unlicensed, to sell property in an estate.

Is Matthew required to be licensed in order to be compensated for selling the property?

License is not required. Court-appointed individuals acting within the limitations of their duties are exempt from real estate licensure. Matthew may sell the property in accordance with the instructions of the court. Compensation is usually paid from the assets of the estate.

Mariah and John have agreed to sell a parcel of land that they both own. They each own a 50% share of the property. Mariah has a broker's license; John is not licensed.

Is John required to be licensed in order to receive 50% of the proceeds from the sale of the land?

License is not required. Property owners do not need a real estate license to sell their own property. They may split the proceeds of the sale based on their percentage share of ownership. If an unlicensed individual receives more than their ownership share, a license would be required. It would be a violation of license law.

An owner-developer pays a commission to employee Sally for selling a lot in the development. Sally has an inactive real estate license, and the developer is not a broker.

Did Sally need her license to get paid for selling the lot

License is required. The sales staff of an owner-developer is exempt from a real estate license if the staff is paid strictly on a salaried basis. In this case, a commission is paid (compensation on a transactional basis), so an active license is required. Sally should have been registered with an active license status under her employer (the developer) for this to be in accordance with Chapter 475.

Teresa is a sales associate who is registered under the broker for Complete Real Estate Services, Inc. Teresa also works on the weekends as a leasing agent for College Town Apartments. College Town Apartments pays Teresa a salary.

Is Teresa in violation of Chapter 475, F.S.?

License is not required. A sales associate or broker associate must be registered under a broker or an owner-developer to be paid a commission. The associate can also work as a rental agent, provided the associate is paid a salary. Salaried individuals who work in a leasing capacity and who do not receive compensation on a transactional basis are exempt from a real estate license under 475.011, F.S. Therefore, it is not a violation of license law for Teresa to work as an agent of her broker and to receive a salary from another employer for working in a leasing capacity.