Question: What are the rules for real estate agents in Florida?
Our response: The State of Florida regulates real estate activity
http://www.myflorida.com/dbpr/re/frec.html
http://www.myflorida.com/dbpr/re/statutes.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0475/PART01.HTM
The State of Florida requires that all real estate agents be licensed:
475.42 Violations and penalties.–
(1) VIOLATIONS.–
(a) A person may not operate as a broker or sales associate without being the holder of a valid and current active license therefor. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, or, if a corporation, as provided in s. 775.083.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0475/SEC42.HTM&Title=->2008->Ch0475->Section%2042#0475.42
As far as brokerage relationships according to S.S. 475.278 (1)(b) unless a single agent or no-brokerage relationship has been established
“It shall be presumed that all licensees are operating as transaction brokers unless a single agent or no brokerage relationship is established, in writing, with a customer. “
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0475/SEC278.HTM&Title=->2008->Ch0475->Section%20278#0475.278
Unfortunately there are misconceptions about Florida real estate agents working for both the buyer and the seller. However Florida law forbids a dual agency relationship under S.S. 475.278 (1) (a):
“1) BROKERAGE RELATIONSHIPS.–
(a) Authorized brokerage relationships.–A real estate licensee in this state may enter into a brokerage relationship as either a transaction broker or as a single agent with potential buyers and sellers. A real estate licensee may not operate as a disclosed or nondisclosed dual agent. As used in this section, the term “dual agent” means a broker who represents as a fiduciary both the prospective buyer and the prospective seller in a real estate transaction. This part does not prevent a licensee from changing from one brokerage relationship to the other as long as the buyer or the seller, or both, gives consent as required by subparagraph (3)(c)2. before the change and the appropriate disclosure of duties as provided in this part is made to the buyer or seller. This part does not require a customer to enter into a brokerage relationship with any real estate licensee.”
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0475/ch0475.htm
In addition sometimes “real estate agent” is used interchangeably with “realtor®.” However there is a significant difference between “real estate agent” and “realtor®:”
“A real estate agent is a REALTOR® when he or she is a member of the NATIONAL ASSOCIATION OF REALTORS®, The Voice for Real Estate® — the world’s largest professional association.
The term REALTOR® is a registered collective membership mark that identifies a real estate professional who is a member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to its strict Code of Ethics.
Founded in 1908, NAR has grown from its original nucleus of 120 to today’s 720,000 members. NAR is composed of residential and commercial REALTORS®, who are brokers, salespeople, property managers, appraisers, counselors and others engaged in all aspects of the real estate industry. Members belong to one or more of some 1,700 local associations/boards and 54 state and territory associations of REALTORS®. They can join one of our many institutes, societies and councils. Additionally, NAR offers members the opportunity to be active in our appraisal and international real estate specialty sections.
REALTORS® are pledged to a strict Code of Ethics and Standards of Practice. Working for America’s property owners, the National Association provides a facility for professional development, research and exchange of information among its members and to the public and government for the purpose of preserving the free enterprise system and the right to own real property. “
http://www.realtor.com/Basics/AllAbout/Realtors/WhatIs.asp