• TABLE OF CONTENTS
HIDE
 Front Cover
 Title Page
 Dedication
 Preface
 Table of Contents
 Instruction to land buyers
 Half Title
 I. Real estate license law
 II. History and objects of real...
 III. The commission, its jurisdiction,...
 IV. Registration requirements
 V. Details of registration and...
 VI. General registrations...
 VII. Revocation and suspension...
 VIII. Additional grounds for suspension...
 IX. Procedure to deny, revoke or...
 X. Brokers and salesmen
 XI. Contracts
 XII. Real estate and listing...
 XIII. Titles, deeds, conveyances...
 XIV. Landlord and tenant;...
 XV. Accounts and settlements
 XVI. Miscellaneous
 XVII. Regulation of real estate...
 Index
 Appendix I
 Appendix II














Title: Florida real estate handbook
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00089544/00002
 Material Information
Title: Florida real estate handbook
Physical Description: 10 v. : ; 23 cm.
Language: English
Creator: Poe, Walter H., 1890-
Florida Real Estate Commission
Publisher: s.n.
Place of Publication: Orlando etc
Publication Date: 1958
 Subjects
Subject: Real estate business -- Law and legislation -- Florida   ( lcsh )
Real estate agents -- Licenses -- Florida   ( lcsh )
 Notes
Dates or Sequential Designation: 1st-10th ed.
General Note: Editor: 1st-3d ed., W.H. Poe.
 Record Information
Bibliographic ID: UF00089544
Volume ID: VID00002
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 09088725
 Related Items
Succeeded by: Florida Real Estate Commission handbook

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Title Page
        Page i
        Page ii
    Dedication
        Page iii
        Page iv
    Preface
        Page v
        Page vi
        Page vii
        Page viii
    Table of Contents
        Page ix
        Page x
        Page xi
        Page xii
        Page xiii
        Page xiv
        Page xv
        Page xvi
        Page xvii
        Page xviii
    Instruction to land buyers
        Page xix
        Page xx
    Half Title
        Page 1
        Page 2
    I. Real estate license law
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
    II. History and objects of real estate license law
        Page 41
        Page 42
        Page 43
        Page 44
    III. The commission, its jurisdiction, powers and duties
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
    IV. Registration requirements
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
    V. Details of registration and certificates
        Page 67
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
    VI. General registrations and penalties
        Page 75
        Page 76
        Page 77
        Page 78
        Page 79
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
        Page 91
        Page 92
    VII. Revocation and suspension of registration for fraudulent conduct
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
        Page 99
        Page 100
        Page 101
        Page 102
        Page 103
        Page 104
        Page 105
        Page 106
        Page 107
        Page 108
    VIII. Additional grounds for suspension or revocation of registration
        Page 109
        Page 110
        Page 111
        Page 112
        Page 113
        Page 114
        Page 115
        Page 116
    IX. Procedure to deny, revoke or suspend registration
        Page 117
        Page 118
        Page 119
        Page 120
        Page 121
        Page 122
        Page 123
        Page 124
        Page 125
        Page 126
        Page 127
        Page 128
        Page 129
        Page 130
        Page 131
        Page 132
        Page 133
        Page 134
        Page 135
        Page 136
        Page 137
        Page 138
        Page 139
        Page 140
    X. Brokers and salesmen
        Page 141
        Page 142
        Page 143
        Page 144
        Page 145
        Page 146
        Page 147
        Page 148
        Page 149
        Page 150
        Page 151
        Page 152
        Page 153
        Page 154
        Page 155
        Page 156
        Page 157
        Page 158
        Page 159
        Page 160
        Page 161
        Page 162
        Page 163
        Page 164
        Page 165
        Page 166
        Page 167
        Page 168
        Page 169
        Page 170
        Page 171
        Page 172
        Page 173
        Page 174
    XI. Contracts
        Page 175
        Page 176
        Page 177
        Page 178
        Page 179
        Page 180
        Page 181
        Page 182
        Page 183
        Page 184
        Page 185
        Page 186
        Page 187
        Page 188
        Page 189
        Page 190
        Page 191
        Page 192
        Page 193
        Page 194
    XII. Real estate and listing contracts
        Page 195
        Page 196
        Page 197
        Page 198
        Page 199
        Page 200
        Page 201
        Page 202
        Page 203
        Page 204
        Page 205
        Page 206
        Page 207
        Page 208
        Page 209
        Page 210
        Page 211
        Page 212
        Page 213
        Page 214
        Page 215
        Page 216
        Page 217
        Page 218
        Page 219
        Page 220
        Page 221
        Page 222
        Page 223
        Page 224
        Page 225
        Page 226
    XIII. Titles, deeds, conveyances and mortgages
        Page 227
        Page 228
        Page 229
        Page 230
        Page 231
        Page 232
        Page 233
        Page 234
        Page 235
        Page 236
        Page 237
        Page 238
        Page 239
        Page 240
        Page 241
        Page 242
        Page 243
        Page 244
        Page 245
        Page 246
        Page 247
        Page 248
        Page 249
        Page 250
    XIV. Landlord and tenant; leases
        Page 251
        Page 252
        Page 253
        Page 254
        Page 255
        Page 256
        Page 257
        Page 258
        Page 259
        Page 260
        Page 261
        Page 262
    XV. Accounts and settlements
        Page 263
        Page 264
        Page 265
        Page 266
        Page 267
        Page 268
        Page 269
        Page 270
        Page 271
        Page 272
        Page 273
        Page 274
        Page 275
        Page 276
        Page 277
        Page 278
    XVI. Miscellaneous
        Page 279
        Page 280
        Page 281
        Page 282
        Page 283
        Page 284
        Page 285
        Page 286
        Page 287
        Page 288
        Page 289
        Page 290
    XVII. Regulation of real estate schools
        Page 291
        Page 292
        Page 293
        Page 294
        Page 295
        Page 296
    Index
        Page 297
        Page 298
        Page 299
        Page 300
        Page 301
        Page 302
        Page 303
        Page 304
        Page 305
        Page 306
        Page 307
        Page 308
        Page 309
        Page 310
        Page 311
        Page 312
        Page 313
        Page 314
        Page 315
        Page 316
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        Page 368
    Appendix I
        Page 369
        Page 370
        Page 371
        Page 372
        Page 373
        Page 374
        Page 375
        Page 376
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        Page 432
        Page 433
        Page 434
        Page 435
        Page 436
        Page 437
        Page 438
    Appendix II
        Page 439
        Page 440
        Page 441
        Page 442
        Page 443
        Page 444
        Page 445
        Page 446
        Page 447
        Page 448
        Page 449
        Page 450
        Page 451
        Page 452
Full Text

HONORABLE HAYDON BURNS, GOVERNOR

*

Published under the directions nd by the authority of

The Florida Real Estate Commission

RICHARD D. BARKER, Chairman, Jacksonville '
'WILLIAM C. HAYNIE, Vice Chairman, Orlando
HARRY J; VORDERMEIER, Member, Ft, Lauderdale

Executive Offices: Winter Park

PRICE $5.00.


''C


FLORIDA

REAL ESTATE HANDBOOK


FIFTH EDITION, 1958









FLORIDA

REAL ESTATE HANDBOOK


FIFTH EDITION, 1958
1965 REPRINT


HONORABLE HAYDON BURNS, GOVERNOR



Published under the direction and by the authority of

The Florida Real Estate Commission

RICHARD D. BARKER, Chairman, Jacksonville
WILLIAM G. HAYNIE, Vice Chairman, Orlando
HARRY J. VORDERMEIER, Member, Ft. Lauderdale


Executive Offices: Winter Park





































Copyrighted 1958 By
FLORIDA REAL ESTATE COMMISSION
Printed in U.S.A.








DEDICATION
The three members of the Florida Real Estate Commission-Rich-
ard D. Barker, Chairman, William G. Haynie, Vice Chairman, and
Harry J. Vordermeier, Member-take real pride in making available
this fifth edition of the Florida Real Estate Handbook to members of
the real estate profession, and to those who aspire to similar status.
We recognize, however, that a large measure of the responsibility
for making this book possible and for formulating the ethical and legal
principles herein contained rests with those who have preceded us in
this high public office.
Accordingly, we dedicate this book to them.
RICHARD D. BARKER, Chairman
WILLIAM G. HAYNIE, Vice Chairman
HARRY J. VORDERMEIER, Member


of
FLORIDA REAL ESTATE COMMISSION
WALTER W. ROSE* . . . . . . Orlando
Thomas C. Hammond* . . . . . . . Tampa
William R. Rannie* . . . . . . Jacksonville
Charles P. Glover* . . . . . . Tampa
Francis S. Mason . . . . . . . Jacksonville
H. W. BARR* . . . . . . Orlando
0. P. SWOPE ... . . . . Orlando
D. Earl Wilson ......... ........ Miami
R. M. Marler . . . . . . Lakeland
James R. Stockton ... . . . . Jacksonville
0. A. Gane .. . . . . West Palm Beach
J. L. Hearin . . . . . . ... . Tampa
F. Clyde Reese* . . . . . . . Jacksonville
H. Bryant Merritt* . . . . . .. Jacksonville
John R. Wright . . . . . . . Lakeland
FRANK A. LEE . . . . . ... Miami Beach
LELAND JORDAN* .. . . . . Jacksonville
W. H. FLANNERY .. . . . St. Petersburg
J. E. HOLLENBECK, SR . . . .. West Palm Beach
M. I. TAYLOR .... . . . . Jacksonville
WALTER S. HARDIN . . . . . . Bradenton
HENRY M. JERNIGAN . . . . . . Fort Pierce
ROBERT T. BRINKLEY . . . . . Tallahassee
J. R. BORING .......... .... . Tampa
SYLVAN M. MAXWELL . . . . . . Miami
ALONZO FRANK GREEN . . . . . Gainesville
S. MERLE HEASLEY . . . . . . Orlando
DAVID C. JONES, JR. ... . . . Naples
1 Capitalletters indicate Chairman
* Indicates deceased









PREFACE

This handbook was originally written by W. H. Poe,
Orlando, Florida attorney and then General Counsel for the
Florida Real Estate Commission, and published by the
Florida Real Estate Commission in 1930, under the name
"Elementary Law for Real Estate Brokers". In 1937, it was
rewritten by the author, assisted by L. E. Broome, then
Assistant Counsel of the Florida Real Estate Commission,
and bore the title, "Principles and Practices of the Real Es-
tate Business". In 1944, the third edition was written by the
author W. H. Poe and published under its present title,
"Florida Real Estate Handbook".
The rewriting of this edition, the fourth, was initially
begun by W. H. Poe in 1955. However, because of new laws
passed by the 1956 special session and the 1957 regular
session of the legislature, publication of this edition was
delayed until 1958. Chapter XV and the index of this edition
were prepared by Gaylord C. Kenyon, former General Coun-
sel for the Commission. The revisions to the text of the
book, the rules of the Commission and the index made neces-
sary by the laws enacted at the 1956 and 1957 sessions of the
legislature, as well as Chapters XVII and XVIII, were written
by Benjamin T. Shuman, present General Counsel for the
Commission. This 1958 edition, therefore is compiled from
the rewriting of the book by its original author, the contribu-
tions of Gaylord C. Kenyon, and the final revision and con-
tributions of Benjamin T. Shuman.
This edition includes for the first time appendices con-
taining the rules and regulations adopted by the Florida
Real Estate Commission and in effect on March 31, 1958. It
is to be noted, however, that as the need arises, these rules
will be amended and new ones added.
While the text of the book relates almost entirely to law,
any criticism which might be otherwise provoked from those
who are to be examined should be dispelled, when considera-
tion is given to the fact that every act of a real estate broker,
or salesman, must be governed by the principles of law ap-
plicable. The purpose of this book is not to teach methods
of salesmanship, but rather to teach the standards of conduct







and the fundamental principles of law by which every broker
and salesman is to be guided in the conduct of his business
transactions.
There has been a definite avoidance of the use of strictly
legal terms and phraseology in order to present a much clear-
er understanding to those not trained in the field of law.
Careful analysis of these principles of law will result in the
conclusion, in most instances, that they merely apply those
fundamental concepts laid in the "Ten Commandments" and
"The Golden Rule" to transactions relating to real estate and
the conduct of a real estate business. As a practical matter,
members of the real estate profession cannot afford to have
their lawyer constantly at their side to counsel and advise
with them. They must, therefore, learn these fundamental
principles to guide themselves and to recognize when the
assistance of the lawyer is needed.
There are a few specialties in the field, such as auction-
eering, appraising and property management. But these
fields are limited to a comparative few, so that it would be
unfair to require all applicants to study and be examined on
these specialties. Books on these fields are readily available.
The prospective registrant must have a comprehensive
knowledge of the material contained in this book in order to
pass the examination given by the Commission and the regis-
trant must have a comprehensive knowledge of the mate-
rial to guide him daily in the conduct of his affairs.
The enactment of the real estate license law in Florida
was to accomplish a twofold objective, the elevation of the
real estate profession and the protection of the public. The
Supreme Court of this State recognized the high position
which the real estate profession now occupies, when it stat-
ed: "The real estate business has become a highly specialized
one and the real estate broker is now the confidant of the
public in much the same manner as the lawyer and the
banker. His relation to the public exacts the highest degree
of trust and confidence . ."
It is hoped that this book published by the Florida Real
Estate Commission will impart to its readers the knowledge
and understanding of legal and ethical principles necessary
for the real estate profession to continue to elevate itself for
the protection of the public and to enable the practitioner







in real estate to continue to enjoy the privilege conferred
upon him by his registration certificate issued by the Florida
Real Estate Commission.

RICHARD D. BARKER, Chairman
WILLIAM G. HAYNIE, Vice Chairman
HARRY J. VORDERMEIER, Member










TABLE OF CONTENTS

SUBJECT INDEX
BY SECTIONS


Chap. Sec.
I REAL


Subject
ESTATE LICENSE LAW.-


475.01 Definition of terms used in chapter.
475.02 Florida real estate commission; terms; organization;
quorum.
475.03 Commission may delegate duties to individual member.
475.04 Duty of commission to enforce this chapter, keep rec-
ords and educate members of profession.
475.05 Power of commission to enact by-laws, rules and regu-
lations and decide questions of practice.
475.06 Privileges and immunities of commission.
475.07 Commission to designate place of executive offices.
475.08 Compensation of members.
475.09 Employees of commission.
475.10 Seal.
475.11 Disposition of monies received.
475.12 Payment of expenses of commission.
475.13 Registration and renewal thereof required; fees.
475.14 Nonactive brokers.
475.15 Registration of certificates of members of firm, etc.,
required.
475.16 Application for registration.
475.17 Qualifications of applicants for registration.
475.171 Inapplicability of 475.04(2) and 475.17(4) to certain
persons.
475.18 Proceedings upon application for registration.
475.19 Approved applicants to be examined by commission.
475.20 Renewal of certificates.
475.21 Registrant having applied for renewal entitled to con-
tinue operating.
475.22 Broker to maintain sign at entrance of office.
475.23 Certificate to expire on change of address.
475.24 Branch office; fees.
475.25 Grounds for revocation or suspension.
475.26 Information and notice in denial, revocation or suspen-
sion proceedings.
475.27 Appointment of examiner; taking of testimony.
475.28 Rules of evidence.
475.29 Jurisdiction of the commission.
475.30 Answers, motions and defaults.
475.31 Final orders.
475.32 Subpoenas; issuance; service; failure to answer; wit-
ness fees.








SUBJECT INDEX BY SECTIONS

Chap. Sec. Subject
475.33 Right of defendant to subpoena witnesses.
475.34 Fees of court officials; payment by Commission.
475.35 Appellate Review of Proceedings.
475.361 Application and construction of act.
475.37 Effect of reversal of order of court or commission.
475.38 Payment of costs.
475.39 Right of commission to bring injunction or mandamus.
475.40 Notices.
475.41 Contracts of unregistered person for commissions in-
valid.
475.42 Violations and penalties.
475.43 Presumptions.
475.44 Disqualification of members of the commission.
475.451 Schools Teaching Real Estate Practice
475.47 Publication of false or misleading information; promo-
tion of sales.
475.48 Violation 475.47, penalty.
475.49 Proceeding to rescind or recover.
II HISTORY AND OBJECTS OF REAL ESTATE LICENSE
LAW.
2.01 Definitions.
2.02 History prior to regulation.
2.03 History of regulation.
2.04 Important features of the real estate license law.
IH THE COMMISSION, ITS JURISDICTION, POWERS AND
DUTIES.
3.01 Creation and organization of the Commission.
3.02 Chairman.
3.03 General duties and powers of the Commission.
3:04 Specific duties and powers.
3.05 Offices.
3.06 Powers of investigation.
3.07 Power of commission to enact by-laws, rules and regu-
lations, and decide questions of practice; certain
rules.
3.08 Education.
IV REGISTRATION REQUIREMENTS.
4.01 Definitions.
4.02 The meaning of registration.
4.03 Rights conferred.
4.04 Form of certificate.
4.05 When certificate is void.
4.06 Effect of certificate. i
4.07 Effective date of certificates.










Chap. Sec.
4.08
4.09
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17


SUBJECT INDEX BY SECTIONS

Subject
Joint business relationships.
Corporations for profit.
Corporations not for profit.
Corporations sole.
Partnerships.
Limited partnerships.
Joint adventures.
Business trusts.
Unincorporated associations.
Trade and fictitious names.


V DETAILS OF REGISTRATION AND CERTIFICATES.
5.01 Obtaining registration.
5.02 Application for individual registration.
5.03 Disposition of application,
5.04 Examinations
5.05 Nature of examination.
5.06 Procedure after examination.

VI GENERAL REGULATIONS AND PENALTIES.
6.01 In general.
6.02 Office.
6.03 Branch offices.
6.04 Signs.
6.05 Changes of name, address and employer.
6.06 Advertising.
6.07 False promises.
6.08 Connections between real estate broker and inconsis-
tent commercial enterprises.
6.09 Deposits.
6.10 Deposits and escrows; statute.
6.11 Penalties.


VII REVOCATION AND SUSPENSION
FOR FRAUDULENT CONDUCT.
7.01 In general.
7.02 Fraud and dishonesty.
7.03 Relation of parties.
7.04 Fiduciary relations.
7.05 Implied fiduciary relations.
7.06 Voluntary fiduciary relations.
7.07 Duties arising under contract.
7.08 Other contracts.
7.09 Misrepresentation.
7.10 Reckless statements.
7.11 Concealment.


OF REGISTRATION










Chap. Sec.
7.12
7.13
7.14
7.15
7.16
7.17
7.18
7.19
7.20
7.21


SUBJECT INDEX BY SECTIONS

Subject
Materiality of representations.
Conclusion.
Other means of fraud.
Intent to violate statute.
Conversion.
Defense to charge of conversion.
Culpable negligence.
Conspiracy to defraud.
Application of statute.
Necessity of loss or damage.


VIII ADDITIONAL GROUNDS FOR SUSPENSION OR REVO-
CATION OF REGISTRATION.
8.01 In general.
8.02 Improperly obtaining registration.
8.03 Violation of statutes.
8.04 Criminal offenses.
8.05 Unlawful payment of a commission.
8.06 Mishandling of deposits.
8.07 Administrative regulations.
8.08 Giving legal opinions.
8.09 Operations by salesmen.
8.10 Broker employing unregistered salesmen.
8.11 Perjury or false affidavits.
8.12 Disobedience of subpoena; contempt.
8.13 Interference with enforcement of act; bribery.
8.14 Filing false papers for record.
8.15 Registration of trade name.
IX PROCEDURE TO DENY, REVOKE OR SUSPEND REG-
ISTRATION.


9.01
9.02
9.03


9.04
9.05
9.06
9.07

9.08
9.09
9.10
9.11
9.12
9.13
9.14


In general.
Alternative procedures.
Procedure governing applications for registration and
summary denials.
Examinations.
Forms of orders and procedure thereon.
Scope of discussion of formal proceedings.
Commencement of formal proceedings; information
and notice.
Answer and motion to quash.
Sufficiency and form of answer.
Procedure on motion to quash.
Motion to quash; appeal and supersedeas.
Defaults.
Examiners.
Final orders.








SUBJECT INDEX BY SECTIONS


Chap. Sec. Subject
9.15 Appeals from final orders.
9.16 Review of Circuit Court order.
9.17 Effect of orders and judgment.
9.18 Termination of suspension.
9.19 Subpeonas.
9.20 Civil and criminal proceedings.
9.21 Extraordinary proceedings.
9.22 Rules of procedure.
9.23 Notices.
X BROKERS AND SALESMEN.
10.01 Brokers
10.02 Relationship of Broker and Principal
10.03 Employment and Necessity Therefor
10.04 Nature of Employment
10.05 Duty of Obedience
10.06 Obtaining Most Favorable Price and Terms
10.07 Disclosure of Material Facts
10.08 Adverse Interests
10.09 Duty Not to Become Interested in Property
10.10 Advancing Interest of Himself and Others
10.11 Acts on Behalf of Principal
10.12 Good Faith
10.13 Pretending to Be Broker
10.14 Duty of Broker to Customer
10.15 Misrepresentation as to Knowledge
10.16 Property and Funds of Principal
10.17 Performance by Broker
10.18 Right to Compensation
10.19 Acts of Associates and Subagents
10.20 Salesmen
10.21 Application of Previous Rules
10.22 Duty Not to Engage in Business
10.23 Use of Listings After Leaving Employment
XI CONTRACTS.
1. Definitions and Distinctions.
11.01 Scope.
11.02 Definitions.
11.03 Essentials of a contract.
11.04 Contracts under seal.
11.05 Parol contracts.
11.06 Express and implied contracts.
11.07 Executed and executory contracts.
11.08 Bilateral and unilateral contracts.
2. Making the Contract.
11.09 Generally.
11.10 Offer and acceptance.


XIII








SUBJECT INDEX BY SECTIONS


Chap.


ESTATE AND LISTING CONTRACTS.
In general.
Manner of employment.
Listings and their nature.
Compensation implied from listing.
Written listing desirable.
Open listing.
Exclusive listing.
Right of compensation.
Net listing.
Options as exclusive listing.
Implied listings.
Forfeiture of commission.
Contests between brokers.
Commission payable only to successful broker.
Practical solution.
Termination by lapse of time.
Termination by expiration of a reasonable time.
Factors governing reasonable time.
Lapse of time.
Termination by revocation.
Good faith by principal.
Termination by abandonment.
Termination by renunciation.
Termination by breach.
Examples of breach.
Breach of good faith by principal.
Breach of exclusive listing.


XII REAL
12.01
12.02
12.03
12.04
12.05
12.06
12.07
12.08
12.09
12.10
12.11
12.12
12.18
12.14
12.15
12.16
12.17
12.18
12.19
12.20
12.21
12.22
12.23
12.24
12.25
12.26
12.27


XIV


Sec. Subject
11.11 Withdrawal of offer.
11.12 Termination of offer.
11.13 Essentials of offer and acceptance.
11.14 Consideration.
11.15 Parties.
11.16 Mistake, fraud and duress.
11.17 Legality of obligations.
11.18 Writing; Statute of frauds.
11.19 Construction.
11.20 Statute of limitations.
11.21 Assignment of contract.
3. Termination of Contracts.
11.22 Manner of termination.
4. Enforcement of Contracts.
11.23 Generally.
11.24 Action for damages.
11.25 Relief in equity.
11.26 Declaratory judgments.


0








SUBJECT INDEX BY SECTIONS


Chap. Sec. Subject
12.28 Right of owner to make sale.
12.29 Breach by broker.
12.30 Right of broker to draw contracts.
12.31 Contracts in real estate practice.
12.32 Options defined.
12.33 Requisites of contracts.
12.34 Option and sale contracts.
12.35 Statute of frauds.
12.36 Memorandum of terms.
12.37 Requirements of statute of frauds.
12.38 Necessity for complete terms.
12.39 Remedies for breach.
12.40 Example of use of precise terms.
12.41 Sale of encumbered property.
12.42 Requirements as to consideration.
12.43 Formal requirements of contract.
12.44 Letters and telegrams.
12:45 Other requisites.
12.46 Description of property.
12.47 Description of property; details.
12.48 Description of property; government land surveys.
XIII TITLES, DEEDS, CONVEYANCES AND MORTGAGES.
13.01 Definitions.
13.02 Scope of chapter.
13.03 Fee simple estate.
13.04 Estates carved from fee simple.
13.05 Estates for years.
13.06 Estates with more than one owner.
13.07 Tenancies in common.
13.08 Estates by the entireties.
13.09 Homesteads.
13.10 Dower at common law.
13.11 Dower in Florida.
13.12 Election by widow.
13.13 Debts and taxes.
13.14 Dower in equitable estates.
13.15 Inchoate right of dower.
13.16 No inchoate right of dower in mortgage.
13.17 Deeds.
13.18 General warranty deeds.
13.19 Bargain and sale deeds.
13.20 Special warranty deeds.
13.21 Quit claim deeds.
13.22 Execution and acknowledgment.
13.23 Liens.
13.24 Materialmen's and laborers' liens.
13.25 Vendor's lien.








SUBJECT INDEX BY SECTIONS


Chap. Sec.
13.26
13.27
13.28
13.29
13.30
13.31
13.32
13.33
13.34
13.35
13.36
13.37
13.38
13.39
13.40


Subject
Mortgages.
Fixtures and personal property.
Release clauses.
Separate defeasance.
Enforcement of mortgage.
Redemption.
Incidental conditions in mortgages.
Title by adverse possession.
Tax titles.
Title as affected by record, notice or estoppel.
Constructive notice.
Title by estoppel.
Duty to advise client to record.
Duty of broker respecting contracts and conveyances.
Abstracts and insurance of titles.


XIV LANDLORD AND TENANT; LEASES.
14.01 Generally.
14.02 Leases.
14.03 Tenancies at will.
14.04 Tenancies at sufferance.
14.05 Common law tenancies at sufferance.
14.06 Tenancies at will, termination.
14.07 Tenancy for years.
14.08 Assignments.
14.09 Estates less than freehold.
14.10 Statute of frauds.
14.11 Form.
14.12 Agreement to repair.
14.13 Other conditions and covenants.
14.14 Recording of lease.
14.15 Liens in general.
14.16 Exemptions.
14.17 Remedies.
XV ACCOUNTS AND SETTLEMENTS.


Accounting.
General requirements.
State stamp taxes on deeds.
Federal stamp taxes on deeds.
Stamp taxes on contracts, notes
Intangible taxes on mortgages.
Intangible taxes generally.
Official fees.
The broker's commission.
Mortgages and liens.
Property taxes.


and mortgages.


XVI


0


15.01
15.02
15.03
15.04
15.05
15.06
15.07
15.08
15.09
15.10
15.11










Chap. Sec.
15.12
15.13
15.14
15.15
15.16
XVI MISCEI
16.01
16.02
16.03
16.04
16.05
16.06
16.07
16.08
16.09
16.10
16.11
16.12
16.13
16.14


SUBJECT INDEX BY SECTIONS

Subject
Special assessments.
Insurance.
Income and inheritance taxes.
Abstracts, opinions and titles.
Escrows.


LLANEOUS
Scope of chapter.
Code of ethics; professional relations.
Code of ethics; relations to clients.
Code of ethics; relations to customers and public.
For sale signs.
Proper objective of salesmanship.
Restraint in salesmanship.
Knowledge of property offered.
Improper sales methods.
Relations with the public.
Local requirements.
Questions of discrimination.
Appraising.
Auctions and auctioneers.


XVII REGULATION OF REAL ESTATE SCHOOLS
17.01 General.
17.02 Who must be registered.
17.03 Qualifications for permits.
17.04 Form of application.
17.05 Effect of permit.
17.06 Denial, Suspension and Revocation.
17.07 Miscellaneous provisions of law.


APPENDIX I



APPENDIX II


Rules and Regulations of the Florida Real Estate
Commission relating to sections 475.01-475.44, Florida
Statutes.

Rules and Regulations of the Florida Real Estate
Commission pertaining to section 475.451, Florida
Statutes, relating to Schools teaching Real Estate
Practice.


XVII











INSTRUCTION
TO LAND BUYERS


FIRST see the land which thou indend'st
to buy
Within the sellers' title clearly lye,
And that no woman to it doth lay claimed
By dowry, joynture, or some other name
That may incumber. Know if bond or fee
The Tenure stand, and that from each feoffee
It be released, that th' sellers be soe old
That he may lawful sell, thou lawful hold.
Have special care that if not mortgag'd lye,
Nor be entailed upon posterity.
Then if it stand in statute bound or noe,
Be well advised what quitt rent out must goe,
What customer service hath been done of 'old
By those who formerly the same did hold.
And if a wedded woman put to sale
Deal not with her unless she bring her male,
For she doth under covert barren goe,
Although sometimes some traffique soe (we know)
Thy bargain made and all this be done,
Have special care to make thy charter run
To thee, thy heirs, executors assigns,
For that beyond their life securely binds,
These things foreknown and done, you
may prevent
Those things rash buyers many times repent,
And yet when you have done all you can,
If youle be sure, deal with an honest man.


Lines over 300 years old, copied from
the roll in the Manor Court Office,
Wakefield, England.


XIX












Florida Real Estate
Handbook










CHAPTER I
CHAPTER 475
REAL ESTATE LICENSE LAW


475.01 Definition of terms used
in chapter.
475.02 Florida real estate com-
mission; terms; organi-
zation; quorum.
475.03 Commission may dele-
gate duties to individ-
ual member.
475.04 Duty of commission to
enforce this chapter,
keep records and edu-
cate members of pro-
fession.
475.05 Power of commission to
enact by-laws, rules
and regulations and
decide questions of
practice.
475.06 Privileges and immuni-
ties of commission.
475.07 Commission to designate
place of executive of-
fices.
475.08 Compensation of mem-
bers.
475.09 Employees of commis-
sion.
475.10 Seal.
475.11 Disposition of moneys
received.
475.12 Payment of expenses of
commission.
475.13 Registration and renewal
thereof required; fee.
475.14 Nonactive brokers.
475.15 Registration of certifi-
cates of members of
firm, etc., required.
475.16 Application for registra-
tion.
475.17 Qualifications of appli-
cants for registration.
475.171 Inapplicability of 475-
.04 (2) and 475.17 (4)
to certain persons.


475.18 Proceedings upon appli-
cation for registration.
475.19 Approved applicants to
be examined by com-
mission.
475.20 Renewal of certificates.
475.21 Registrant having ap-
plied for renewal en-
titled to continue op-
erating.
475.22 Broker to maintain sign
at entrance of office.
475.23 Certificate to expire on
change of address.
475.24 Branch office; fees.
475.25 Grounds for revocation
or suspension.
475.26 Information and notice
in denial, revocation
or suspension preceed-
ings.
475.27 Appointment of exami-
ner; taking of testi-
mony.
475.28 Rules of evidence.
475.29 Jurisdiction of the com-
mission.
475.30 Answers, motions and
defaults.
475.31 Final orders.
475.32 Subpoenas; issuance;
service; failure to an-
swer; witness fees.
475.33 Right of defendant to
subpoena witnesses.
475.34 Fees of court officials;
payment by commis-
sion.
475.35 Appellate review of pro-
ceedings.
475.361 Application and con-
struction of act.
475.37 Effect of reversal of or-
der of court or com-
mission.







REAL ESTATE LICENSE LAW


475.38 Payment of costs. 475.451 Schools teaching real es-
475.39 Right of commission to tate practice. 0
bring injunction or 475.47 Publication of false
mandamus, or misleading infor-
475.40 Notices. mation; promotion of
475.41 Contracts of unregis- sales.
tered person for com- 475.48 Violation 475.47, pen-
missions invalid. alty.
475.42 Violations and penalties. 475.49 Proceeding to rescind or
475.43 Presumptions. recover.
475.44 Disqualification of mem-
bers of the commis-
sion.

475.01 Definition of terms used in chapter.-
(1) This chapter may be referred to in any legal pro-
ceeding as the "Real Estate License Law."
(2) Every person who shall, in this state, for another,
and for a compensation or valuable consideration directly
or indirectly paid or promised, expressly or impliedly, or with
an intent to collect or receive a compensation or valuable
consideration therefore, appraise, auction, sell, exchange,
buy or rent, or offer, attempt or agree to appraise, auction or
negotiate the sale, exchange, purchase or rental of any real
property, or any interest in or concerning the same, includ-
ing mineral rights or leases; or who shall advertise or hold
out to the public by any oral or printed solicitation or repre-
sentation that such person is engaged in the business of ap-
praising, auctioning, buying, selling, exchanging, leasing or
renting real estate, or interests therein, including mineral
rights or leases of others; and every person who shall take
any part in the procuring of sellers, purchasers, lessors or
lessees of the real property, or interests therein, including
mineral rights or leases, of another; or who shall direct or
assist in the procuring of prospects, or the negotiation or
closing of any transaction which does, or is calculated to,
result in a sale, exchange, or leasing thereof, and who shall
receive, expect, or be promised any compensation or valuable
consideration, directly or indirectly therefore; and all persons
who are members of partnerships or officers or directors of
corporations engaged in performing any of the aforesaid acts
or services; each and every such person shall be deemed and 0
held to be a "real estate broker" or a "real estate salesman,"







REAL ESTATE LICENSE LAW


as hereinafter classified, unless said person when performing
the act or acts herein specified shall be acting as an attor-
ney-in-fact for the purpose of the execution of contracts or
conveyances only, or as an attorney-at-law within the scope
of his duties as such, or when acting as the administrator,
executor, receiver, trustee, or master under or by virtue of
an appointment by will or by order of a court of competent
jurisdiction, or as trustee under a deed of trust, or under a
trust agreement, the ultimate purpose and intent whereof
shall be charitable, philanthropic, or providing for those hav-
ing a natural right to the bounty of the donor or trustor; nor
shall the term broker or salesman be applied to a person
who shall deal with property in which he is a part owner,
unless said person shall receive a larger share of the proceeds
or profits from the transaction than his proportional invest-
ment therein would otherwise justify, such excess share be-
ing directly or indirectly the result of the service of buying,
selling, exchanging or leasing said property; nor shall said
terms be applied to one officer of every corporation engaged
in the sale of its own properties who shall be its president
unless otherwise provided in its charter or by-laws, if said
corporation shall not otherwise be classed as a real estate
broker or a salesman.
(3) Every person who comes within the meaning of the
preceding subsection, and shall not be within the exceptions
named, and whose business policies and acts are free from
the direction, control or management of another person, and
all members of a partnership, and all officers and directors
of a corporation, which partnership or corporation is defined
by said subsection to be a real estate broker, shall be
deemed and held to be operating as real estate brokers; and
every other person who shall come within the terms "real
estate broker" or "real estate salesman," as defined in the
preceding subsection, shall be deemed and held to be oper-
ating as real estate salesmen.
(4) "Registration" shall consist of the placing and keep-
ing of the name and business address, and if of a salesman,
the name and business address of the employer also, upon
the list of brokers and salesmen in the offices of the Florida
real estate commission, with the appropriate designation as
"broker" or "salesman." Said "registration list" shall be kept







REAL ESTATE LICENSE LAW


in books, or in files, as may be deemed expedient by the a
commission. Registration shall be in force for a period of six W
months after the expiration of the last certificate issued, or
after the termination of any period of suspension, and no
longer; but registration alone shall not entitle the registrant
to operate as a broker or salesman.
(5) A "registrant" is a person whose name and business
address, and in case of a salesman, the name and business
address of the employer also, has been placed, and lawfully
remains, on said registration list, and said term shall not in-
clude any person who has not applied for a renewal certifi-
cate within the aforesaid period of six months.
(6) The "license period" shall be the fiscal year ending
at midnight, September 30 of each year, provided, however,
that if the commission shall adopt rules or regulations pro-
viding for the issuance of certificates for some period other
than the fiscal year aforesaid, then the "license period" shall
be the fiscal period ending at midnight on the last day of the
period for which the certificate is issued.
(7) A "registered broker" shall be any person who is a
registrant under this chapter and who has been classified as
a real estate broker. All other registrants shall be "registered
salesmen."
(8) The word "Commission," when used in this chapter
shall refer to the Florida real estate commission, except
when obviously used in some other sense.
(9) Where the phrase "members, officers and directors
of a partnership or corporation," or similar phrase, is used in
this chapter, the word "members" shall be deemed to refer
to partnerships only, and not to stockholders in a corpora-
tion.
(10) The words "certificate" or "registration certificate"
shall be deemed to mean a written instrument, prepared ac-
cording to the regulations and bearing the seal of the com-
mission, which shall be issued to every broker or salesman
as soon as registration is granted, and renewed annually
thereafter as long as renewals thereof shall be granted, and
which shall be prima facie evidence that the holder is a reg-
istrant, and that the registration fee for the license year
expiring next after the date of issuance which shall be in-
dorsed thereon, has been paid. Such certificate, except non-







REAL ESTATE LICENSE LAW


active certificate, shall authorize the holder to act as a
broker or salesman until the date of expiration, or until the
registration is revoked or suspended.
(11) The term "real estate" or "real property" used in
subsection (2), shall include leaseholds, assignments of
leaseholds and subleaseholds thereof, as well as any and
every interest or estate in land.
(12) The words "appeal," appealablee," "review," "ap-
pellate review," "court" and "appellate court," wherever
used in this chapter, shall be construed to mean any appro-
priate proceeding to review the orders and rulings of the
Florida real estate commission, or any court wherein said
proceedings may be pending, when such construction shall
be necessary to make this statute consistent with the provi-
sions of Art. V of the constitution of Florida and the Florida
appellate rules adopted pursuant thereto.
(13) The terms "real estate," "real estate property," "real
estate broker," and "real estate salesman," as used in this
chapter shall not apply to any cemetery lot, or the right of
burial in any cemetery, nor shall such terms apply to any
person selling, exchanging, leasing or dealing in such afore-
mentioned property.
History.-1, ch. 12223, 1927; CGL 4062; sub (11) comp. 1, ch. 29983, 1955;
(6) by 1, ch. 59-199; (12)n. by 1, ch. 59-197; (13)n. by 1, ch. 59-438.
cf.-1.01(3) "Person" defined.
475.02 Florida real estate commission; terms; organi-
zation; quorum.-
There is created the Florida real estate commission, to
consist of three persons, resident citizens of the state, to be
appointed by the governor, each of whose vocation for at
least ten years prior to his appointment shall have been that
of real estate broker.
The members of the commission shall serve until the ex-
piration of the term for which they shall have been ap-
pointed and until their successors shall have qualified. The
term of office shall be three years; that of one member shall
expire each year, and upon the death, resignation or removal
of a member, his successor shall be appointed for the unex-
pired portion of his term. As the new member is appointed
each year, the commission shall reorganize and select a







REAL ESTATE LICENSE LAW


chairman from its number, who shall be the executive offi- a
cer of said commission, and a secretary. Two members of the W
commission shall constitute a quorum to do business.
History.--i2, 3, ch. 12223, 1927; CGL 4063, 4064.
475.03 Commission may delegate duties to individual
member.-
Any of the duties and powers of the commission, except
the actual determination of informations, and the passage
and promulgation of rules, regulations and by-laws, may
be delegated, by resolution, to any member; but the chair-
man may exercise such duties and powers without such res-
olution.
History.-4, ch. 12223, 1927; CGL 4065.
475.04 Duty of commission to enforce this chapter,
keep records and educate members of profes-
sion.-
(1) The commission may examine witnesses and admin-
ister oaths, and shall investigate persons doing a real estate
business in this state to ascertain if they are violating any of
the provisions of this chapter, and keep such records and
minutes as shall be necessary to an orderly dispatch of busi-
ness. The commission shall foster the education of real estate
brokers and salesmen concerning the ethical, legal and busi-
ness principles which should govern their conduct.
(2) For the purpose of performing its duty to educate
registrants under subsection (1), the commission may con-
duct, offer, sponsor, prescribe or approve real estate educa-
tional courses for all persons registered with the commission
as real estate brokers, or salesmen, and the cost and expense
of such courses shall be paid as provided for other expenses
of the commission by 475.12.
History.-S5, ch. 12223, 1927; CGL 4066; 1, ch. 59-200.
475.05 Power of commission to enact by-laws, rules
and regulations and decide questions of prac-
tice-
The commission may enact by-laws and regulations for its
own government, and rules and regulations in the exercise of
its powers, not in conflict with the constitution and laws of







REAL ESTATE LICENSE LAW


the United States or of this state, and amend the same at its
pleasure. The commission may decide questions of practice
arising in the proceedings before it, having regard to this
chapter and the rules and regulations, then in force. Printed
copies of rules and regulations, or written copies under the
seal of the commission, shall be prima facie evidence ot their
existence and substance, and the courts shall judicially no-
tice such rules and regulations. The conferral, or enumera-
tion, of specific powers elsewhere in this chapter shall not
be construed as a limitation of the general powers conferred
by this section.
History.--6, ch. 12223, 1927; CGL 4067; 2, ch. 59-199.
475.06 Privileges and immunities of commission.-
The members of the commission are entitled to the same
protection and immunities as are other judicial officers, and
the acts of the agents and employees of the commission, act-
ing within the scope of their authority and employment,
shall not be called in question except by the commission. Its
papers, documents, reports or evidence shall not be subject
to subpoena, without its consent, until after the same shall
have been published at a hearing held under this chapter
unless, after notice to the commission, and hearing, the
court shall determine that the commission or the accused
will not be unreasonably hindered or embarrassed.
History.- 7, ch. 12223, 1927; CGL 4068.
475.07 Commission to designate place of executive of-
fices.-
Executive offices shall be established and maintained at a
place designated by the commission, which designated
place may be changed in the discretion of the commission.
History.-MS, ch. 12223, 1927; CGL 4069.
475.08 Compensation of members.-
The members of the commission shall receive ten dollars
per day, or any part of a day, while attending official board
meetings, not to exceed twelve meetings per year, and shall
receive per diem and mileage as provided in 112.061, from
place of their residence to place of meeting and return.
History.-9, ch. 12223, 1927; CGL 4070; am. 24, ch. 28215, 1953; 24,
ch. 57-1.








REAL ESTATE LICENSE LAW


475.09 Employees of commission.-
The commission shall employ, and at its pleasure dis-
charge, a secretary and such attorneys, inspectors, clerks and
assistants as shall be deemed necessary, and shall outline
their duties and fix their compensation.
History.-10, ch. 12223, 1927; CGL 4071.
475.10 Seal.-
The commission shall adopt a seal by which it shall au-
thenticate its proceedings. Copies of the proceedings, rec-
ords and acts of the commission, and certificates purporting
to relate the facts concerning such proceedings, records, and
acts, signed by the chairman and authenticated by said
seal shall be prima facie evidence thereof in all the courts of
this state.
History.-ll, ch. 12223, 1927; CGL 4072.
475.11 Disposition of moneys received.-
All moneys received by the commission under this chapter
shall be paid to the secretary of said commission. Such mon-
eys shall be deposited pursuant to the provisions of 215.37.
History.-12, ch. 12223, 1927; CGL 4073; am. 25, ch. 28215, 1953; 17,
ch. 61-514.
cf.-215.37 Examining and licensing boards to be financed from fees collected;
moneys deposited in trust funds; ten per cent to general revenue fund;
appropriation.
216.211 Appropriations, maximum; adjustment of budgets; state budget
commission.
475.12 Payment of expenses of commission.-
All expenses incurred by the commission in the adminis-
tration of the provisions of this chapter shall be paid pursu-
ant to the provisions of 215.37, upon presentation of
vouchers approved by the chairman and secretary of said
board.
History.-13, ch. 12223, 1927. CGL 4074; 114, ch. 26869, 1951; 26, ch.
28215, 1953; 17, ch. 61-514.
475.13 Registration and renewal thereof required;
fee.-
Every person deemed and held to be a real estate broker
or real estate salesman under the terms of this chapter shall
be required to register with the commission, and to secure a
registration certificate for each license period. The fee for







REAL ESTATE LICENSE LAW


each application shall be twenty-five dollars for registration
as a real estate broker and fifteen dollars for registration as
a real estate salesman. The fee for certificates of registra-
tion shall be ten dollars per annum for brokers and five dol-
lars per annum for salesmen. For registration and renewal
certificates as nonactive broker, the fee shall be one dollar
per annum. The commission may adopt rules and regula-
tions to effect staggered license periods, but in no event shall
the license period exceed twenty-four calendar months. If
certificates for license periods of more than twelve months
be issued pursuant to said rules, the fee for such certificates
shall be increased in direct proportion to the base per annum
fee for such certificates. No collector or county judge shall
issue any real estate occupational license except upon pres-
entation of a currently valid active registration certificate.
No application fee shall be refunded to an applicant, nor
shall any fee for a certificate be refunded.
History.-14, ch. 12223, 1927; CGL 4075; 2, ch. 29983, 1955; 3, ch.
59-199.
cf.-455.03 Dispensing with examination of veterans.
475.14 Nonactive brokers.-
Any member of a partnership or officer or director of a
corporation who does not desire to do, or perform, any of
the acts or services enumerated in 475.01(2), and any reg-
istered broker who is a resident of Florida who desires to
preserve his registration during a period while not engaged
as a broker, may apply for and receive a certificate as a non-
active broker so long as he shall continue to be a resident of
the state. All other certificates shall be deemed active.
History.-15, ch. 12223, 1927; CGL 4076; Q3, ch. 29983, 1955.
475.15 Registration of certificates of members of firm,
etc., required.-
Every partnership and corporation required to be regis-
tered shall register, and renew the certificates of its mem-
bers, officers and directors for each license period, and the
registration of such partnership or corporation shall be sus-
pended automatically during any period of time that cer-
tificates of any one or more of its members, officers or
directors shall not be in force.
History.-16, ch. 12223, 1927; CGL 4077; 4, ch. 59-199.







REAL ESTATE LICENSE LAW


475.16 Application for registration.-
Every person shall make application for registration in the
form required by the rules of the commission, and shall an-
swer such questions and furnish such supporting evidence
as may be required by the commission, touching his qualifi-
cations.
History.--17, ch. 12223, 1927; CGL 4078.

475.17 Qualifications of applicants for registration.-
(1) An applicant for registration who is a natural person
shall be required to make it appear that he is twenty-one
years of age, a citizen of the United States, honest, truthful,
trustworthy, of good character, and that he bears a good
reputation for fair dealing. An applicant for an active brok-
er's registration or a salesman's registration, shall be re-
quired to make it appear that he is competent and qualified
to make real estate transactions and conduct negotiations
therefore, with safety to investors and to those with whom he
may undertake a relationship of trust and confidence. An ap-
plicant for a salesman's registration shall show that he is a
bona fide resident of the state, and an applicant for an ac-
tive broker's registration shall show that he has been such a
resident for one year immediately prior to the filing of the
application. If it shall be made to appear that the applicant
has been denied registration or a license or has been dis-
barred, or his registration or license has been revoked or
suspended, by this or any other state or nation, or posses-
sion or district of the United States, or any court or lawful
agency thereof, to practice or conduct any regulated profes-
sion, business or vocation, because of any conduct or prac-
tices which would have warranted a like result under this
chapter, or that the applicant has been guilty of conduct or
practices in this state or elsewhere, which would have been
grounds for revoking or suspending registration under this
chapter had the applicant then been registered, the appli-
cant shall be deemed not to be qualified, unless, because of
lapse of time and subsequent good conduct and reputation,
or other reason deemed sufficient it shall appear to the com-
mission that the interest of the public and investors will not
likely be endangered by the granting of registration. The







REAL ESTATE LICENSE LAW


foregoing qualifications apply to members of partnerships
and officers and directors of corporations. A corporate appli-
cant shall have been organized under, or be legally qualified
to do business in the state.
(2) No person shall be registered as a real estate sales-
man unless, in addition to the other requirements of law, he
shall make it appear that he is, and has been for at least six
months next prior to the filing of his application, a bona fide
resident of Florida; provided, however, this subsection shall
not apply to an applicant for registration as a real estate
salesman who shall make it appear that he has lawfully op-
erated exclusively as a real estate broker or salesman in
another state, requiring registration of real estate brokers or
salesmen, for at least two years next prior to filing his appli-
cation in Florida.
(3) No person shall be registered as a real estate broker
unless, in addition to the other requirements of law, he shall
make it appear that he has served an apprenticeship as a reg-
istered real estate salesman, with and under the instructions
and guidance of a registered real estate broker of the state,
for at least twelve consecutive months next prior to the filing
of his application for registration as a real estate broker. The
intent of the legislature in enacting this law is to elevate the
profession of a real estate broker for the protection of the
public. The apprenticeship provided herein shall not be
taken to mean that the salesman be required to attend to the
duties of his employment as a real estate salesman to the ex-
clusion of any other employment, nor shall the twelve con-
secutive months of apprenticeship provided include periods
of illness, regular vacations, business trips necessitating ab-
sence and emergencies. Provided, that every applicant for
registration as a real estate broker at the end of his appren-
ticeship, shall be required to furnish an affidavit to the Flor-
ida real estate commission, on a form provided for that
purpose, that he has invested a part of his time as a real
estate salesman under a registered real estate broker, and
the broker shall be required to furnish an affidavit to the
commission, on a form provided for that purpose, that the
salesman has satisfactorily completed his apprenticeship,
that he is qualified, and has the ability and integrity to be a
real estate broker.







REAL ESTATE LICENSE LAW


(4) When the commission has established an educa-
tional course or series of educational courses, to be regularly
conducted, offered, or sponsored by it pursuant to
475.04(2), the commission may require the satisfactory
completion of one, or more, of the educational courses, or
its, or their, equivalent as a condition precedent for any
person to become registered as a real estate broker, which
requirement shall be in addition to other qualifications re-
quired by this chapter. When such requirement is made
provisions shall be made to make such course, or courses,
available by correspondence or other suitable means to any
person who shall make it affirmatively appear to the satisfac-
tion of the commission that by reason of hardship he
cannot attend the place, or places, where the course is regu-
larly conducted. The commission is authorized to adopt
rules and regulations in the exercise of its powers herein set
forth.
History.- 18, ch. 12223, 1927; CGL 4079; am. 1, ch. 24090, 1947; (2), (3) N
by U1, ch. 57-244; (4) N by 2, ch. 59-200.

475.171 Inapplicability of 475.04 (2) and 475.17(4)
to certain persons.-
The provisions of 475.04(2) and 475.17(4) shall not
apply to any person who has, or shall have, completed the
apprenticeship as required by 475.17(3), on or before the
effective date of any rule or regulation adopted by the com-
mission requiring the completion of any educational course
as a condition precedent to registration, if such person shall
within not more than ninety days after the effective date of
such rule or regulation make and diligently pursue his ap-
plication to become a registered real estate broker, nor
shall these subsections apply to any person who on May 30,
1959, is registered as a real estate broker and holds, or is
entitled to receive upon request, an active broker registra-
tion certificate.
History.-3, ch. 59-200.

475.18 Proceedings upon application for registration.-
(1) If the commission shall be of the opinion that an ap-
plicant for registration is qualified, the application shall be







REAL ESTATE LICENSE LAW


approved. If the applicant shall fail to pass the examination
prescribed by the commission the commission may, in its dis-
cretion, permit a second examination, and, if the applicant
shall again fail, the application shall be denied, without
prejudice to the filing of another application. If, from the ap-
plication filed, or the replies of persons, designated by the
applicant, to inquiries by the commission concerning his
qualifications, or from their failure to reply thereto fully, or
from answers to inquiries, or the failure to fully answer
inquiries, pertinent to his qualifications, propounded to the
applicant by the commission, it shall not affirmatively ap-
pear that the applicant possesses the necessary residence,
character and general competence and qualifications re-
quired by this chapter, the commission shall permit reason-
able amendments, if offered by the applicant, and if the
applicant shall not finally make it affirmatively appear that he
is so qualified, the commission may finally deny the appli-
cation with prejudice. If the application and supporting doc-
uments on their face show that the applicant is qualified, but
from complaints, or information received, or from investiga-
tion, it shall appear to the commission or chairman, at any
time before the initial certificate is delivered, that there may
be cause to deny registration, the commission or chairman
may order an information to be filed, notice served, and
hearings before an examiner and the commission held, as
hereinafter provided. If an applicant shall be denied regis-
tration, except for failure to pass an examination, or by an
order giving leave to file a new application, he shall not be
permitted to file a new application unless and until the com-
mission shall, in its discretion, and upon petition of the
applicant, grant leave to file such new application. No appli-
cation shall be granted if it shall appear that the applicant
has acted, or attempted to act, or has held himself out as
entitled to act, as a real estate broker or salesman, in viola-
tion of this chapter, during the period of one year next
prior to the filing of said application. The commission shall
have a broad discretion, in the granting or denial of an ap-
plication, in view of the difficulty in securing definite and
legal proof of bad reputation or of securing satisfactory
proof of specific instances of fraudulent or unethical con-
duct, in the limited time after an application is filed and be-







REAL ESTATE LICENSE LAW


fore a decision should normally be made, and particularly
when the applicant has been beyond the limits of the state
until a short time before filing an application. The denial of
an application shall not be reversed except upon a clear
showing of an abuse of discretion or of an arbitrary and ca-
pricious ruling.
(2) The foregoing subsection (1) shall be deemed to
bar any person from registration who has done any of the
acts or performed any of the services described in 475.01
as constituting the person a real estate broker, or salesman,
during the said period of one year next prior to the filing of
the application, or during the pendency of said application,
and until a valid current registration certificate has been
duly issued to him, whether the same was done for compen-
sation or valuable considerations, or not.
History.-19, ch. 12223, 1927; CGL 4080; am. 2, ch. 24090, 1947; (2) N by
2, ch. 57-244.

475.19 Approved applicants to be examined by com-
mission.-
When the application for registration of any natural per-
son, not being then registered, shall be approved, the appli-
cant shall be required to appear in person, at a time and
place to be designated by the commission, and answer ques-
tions touching his qualifications according to the provisions
of this chapter. The operation of this section may be post-
poned by the commission until such time as it may be prac-
ticable to put it in force.
History.-20, ch. 12223, 1927; CGL 4081.

475.20 Renewal of certificates.-
Every certificate shall expire at the end of the license pe-
riod. Certificates for the next succeeding license period shall
be issued upon written request, on a form provided by the
commission, accompanied by the required fee, if such re-
quest is made while registration is in force. When made in
proper form, accompanied by the proper fee, such request
shall not be denied or unreasonably delayed.
History.-21, ch. 12223, 1927; CGL 4082; 5, ch. 59-199.
cf.-475.01(6) Definition of "license period."







REAL ESTATE LICENSE LAW


475.21 Registrant having applied for renewal entitled
to continue operating.-
Registrants who have made request for renewal, and paid
the fee therefore, shall be entitled to continue to act as brok-
ers or salesmen, unless under 'suspension.
History.-.22, ch. 12223, 1927; CGL 4083.
475.22 Broker to maintain sign at entrance of office.-
Every registered broker shall maintain a sign on or about
the entrance of his principal office and all branch offices,
which sign shall be easily observed and read by any person
about to enter such office, and shall be of such form and
minimum dimensions as shall be prescribed by the commis-
sion.
History.-2:3, ch. 12223, 1927; CGL 4084.
475.23 Certificate to expire on change of address.-
A registration certificate shall cease to be in force when-
ever a broker changes his business address, or a salesman
changes employer. In such cases, the old certificate shall
be surrendered, or accounted for, and a new certificate shall
be issued, upon request therefore on a form provided by the
commission, and the fee for the issuance of the new certifi-
cate shall be five dollars.
History.-24, ch. 12223, 1927; CGL 4085; 4, ch. 29983, 1955.
475.24 Branch office; fees.-
Whenever any applicant or registrant desires to conduct
business at some other location, either in the same or differ-
ent city, town, or county than that registered, such other
place of business shall be registered as a branch office, and a
registration fee of ten dollars shall be paid for each such
office. It shall be necessary to maintain and register a branch
office, whenever, in the judgment of the commission, the
business conducted at a place other than the principal office,
is of such a nature that the public interest requires registra-
tion of a branch office. Any office shall be deemed to be a
branch office if the name or advertising of a broker having a
principal office located elsewhere, shall be displayed in such
manner as to reasonably lead the public to believe that such
office is owned or operated by such broker.
History.-25, ch. 12223, 1927; CGL 4086.







REAL ESTATE LICENSE LAW


475.25 Grounds for revocation or suspension.-
(1) The registration of a registrant may be suspended
for a period not exceeding two years, or until compliance
with a lawful order imposed in the final order of suspension,
or both, upon a finding of facts showing that the registrant
has:
(a) Been guilty of fraud, misrepresentation, conceal-
ment, false promises, false pretenses, dishonest dealing, trick,
scheme or device, culpable negligence, or breach of trust in
any business transaction, or has violated a duty imposed
upon him by law or by the terms of a listing contract, writ-
ten, oral, express or implied, in a real estate transaction; or
has aided, assisted, or conspired with any other person en-
gaged in any such misconduct and in furtherance thereof;
or has formed an intent, design or scheme to engage in any
such misconduct, and has committed an overt act in further-
ance of such intent, design or scheme; and it shall be imma-
terial to the guilt of the registrant that the victim, or
intended victim, of the misconduct has sustained no damage
or loss, or the damage or loss has been settled and paid, after
discovery of the misconduct, or whether such victim, or
intended victim, thereof, was a customer or a person in con-
fidential relation with the registrant, or was an unidentified
member of the general public; or,
(b) Been guilty of false advertising in, on or by, signs,
bill boards, newspapers, magazines, periodicals, books, pam-
phlets, circulars, radio, telephone, telegraph, or other means
of communication of publicity, of such character as to de-
ceive or defraud investors, or prospective investors, in real
property or interests therein, as more particularly described
in subsection (2) of 475.01, whether such property is
owned, or purported to be owned by the registrant or by
another; or,
(c) Failed to account or deliver to any person any per-
sonal property such as money, fund, deposit, check, draft,
abstract of title, mortgage, conveyance, lease, or other docu-
ment, or thing of value, or any secret or illegal profit, or any
divisible share or portion thereof, which has come into his
hands, and which is not his property, or which he is not in
law or equity entitled to retain, under the circumstances,
and at the time which has been agreed upon, or is required







REAL ESTATE LICENSE LAW


by law, or, in the absence of a fixed time, upon demand of
the person entitled to such accounting and delivery; pro-
vided, however, that, if the registrant shall, in good faith,
entertain doubt as to his duty to account and deliver said
property, or as to what person is entitled to the accounting
and delivery, or if conflicting demands therefore shall have
been made upon him, and he has not appropriated the prop-
erty to his own use, or intermingled it with his own prop-
erty of like kind, he may notify the commission promptly,
truthfully stating the facts, and ask its advice thereon, or
after notice thereof to the commission, shall promptly sub-
mit the issue to arbitration by agreement of all parties, or
interplead the parties, or otherwise seek an adjudication of
the question, in a proper court, and shall abide, or offer to
perform, the advice of the commission or the orders of the
court, or arbitrators, no information against him shall be
permitted to be maintained; or,
(d) Violated any of the provisions of this chapter, or
any lawful order, rule or regulation made or issued under
the provisions of this chapter; or,
(e) Been guilty of a crime against the laws of this state
or any other state or of the United States, involving moral
turpitude, or fraudulent or dishonest dealing; and the rec-
ord of a conviction certified or authenticated in such form
as to be admissible in evidence under the laws of the state,
shall be admissible as prima facie evidence of such guilt; or,
(f) Shared a commission with, or paid a fee or other
compensation to, a person not properly registered as a real
estate broker or salesman under the laws of this state, for the
referral of real estate business, clients, prospects, or custom-
ers, or for any one or more of the services set forth in
475.01(2). For the purpose of this section it shall be
deemed immaterial that the person to whom such payment
or compensation is made shall have made said referral, or
performed said service, from within this state, or else-
where; provided, however, a registered real estate broker of
this state may pay a referral fee or share a real estate broker-
age commission with a real estate broker duly licensed, or
registered, under the laws of a foreign state so long as said
foreign broker does not violate any law of this state.
(g) Become temporarily incapacitated from acting as a







REAL ESTATE LICENSE LAW


broker or salesman with safety to investors or those in a fidu-
ciary relation with him because of drunkenness, use of
drugs, or temporary mental derangement, except that the
suspension in such cases shall be for the period of such in-
capacity; or
(h) Rendered an opinion that the title to any property
sold is good or merchantable, except when correctly based
upon a current opinion of a licensed attorney at law, or failed
to advise a prospective purchaser to consult his attorney on
the merchantability of the title or to obtain title insurance.
(i) Failed, if a broker, to immediately place, upon re-
ceipt, any money, fund, deposit, check or draft, entrusted to
him by any person dealing with him as a broker, in escrow
with a title company or banking institution located and do-
ing business in Florida, or, deposit said funds in a trust or
escrow bank account maintained by him with some bank lo-
cated and doing business in Florida, wherein said funds
shall be kept until disbursement thereof is properly author-
ized, or, if a salesman, failed to immediately place with his
registered employer any money, fund, deposit, check or
draft, entrusted to him by any person dealing with him as
agent of his registered employer. The commission shall esta-
blish rules and regulations to provide for records to be main-
tained by the broker and the manner in which such depos-
its shall be made.
(2) The registration of a registrant shall be revoked, if
such registration, or a certificate issued thereon, is found to
have been obtained by the registrant by means of fraud,
misrepresentation or concealment, or if the registrant has be-
come a nonresident of the state, or is confined in any state or
federal prison, or insane asylum, or through mental disease
or deterioration, the registrant can no longer safely be en-
trusted to deal with the public or in a confidential capacity;
and a registration or a certificate may be revoked or can-
celled, without prejudice to filing a proper application, or
request for certificate, if the same shall have been granted
or issued through the mistake or inadvertence of the com-
mission.
(3) The registration of a registrant may be revoked if
the registrant shall, for a second time, be found guilty of any
misconduct that warrants his suspension under subsection







REAL ESTATE LICENSE LAW


(1) of this section, or if he shall be found guilty of a course
of conduct or practices which show that he is so incompe-
tent, negligent, dishonest or untruthful that the money,
property, transactions and rights of investors or those with
whom he may sustain a confidential relation, may not safely
be entrusted to him.
History.-26, ch. 12223, 1927; CGL 4087; am. 3, ch. 24090, 1947; 11,
ch. 25035, 1949; sub. (1)(g) am. 10, ch. 26484, 1951; sub. (1), am. 5, ch.
29983, 1955; (1)(f) a. by 1, ch. 61-108.

475.26 Information and notice in denial, revocation or
suspension proceedings.-
When, by reason of a complaint filed, or upon investiga-
tion, it shall appear to the commission or the chairman, that
there is reason to believe that registration probably should
be denied to an applicant because of facts not sufficiently
disclosed in the application record, or that the registration
of a registrant probably should be revoked or suspended, the
chairman shall permit an information to be filed with the
commission, by an authorized representative of the com-
mission, or some other person having knowledge, informa-
tion or belief concerning the facts. The information, and all
succeeding papers pertaining to the case, shall be filed and
marked with the date of the filing, and shall be kept to-
gether in one file and given a distinctive number. The party
filing the information shall be designated as the plaintiff and
the accused applicant or registrant shall be the defendant.
In revocation or suspension proceedings as many registrants
may be joined in one proceeding as are alleged to have par-
ticipated in the alleged misconduct charged in one or more
of the counts thereof. Where two or more disconnected
transactions are alleged in any information, they shall be
stated in separate counts, and where the plaintiff is uncer-
tain as to some fact pertinent to a single transaction, the
transaction may, in separate counts, be alleged in the alter-
native and it shall not be an objection that the allegations in
said counts are inconsistent; and in a default case, or upon a
motion for a final order, or motion to quash, the commission
may deny, revoke or suspend registration if the allegations
of any count will sustain such a final order, or may make
such a final order in any other case, if the evidence sup-







REAL ESTATE LICENSE LAW


ports any count of the information. The facts shall be alleged
in concise, simple language, and shall be deemed to afford
notice of the charge, if a person of ordinary understanding
may reasonably be enabled to present his defense thereto, if
any, and both the information and answer shall be aided
and deemed amended by the proof, if the opposite party
shall be afforded full opportunity to meet and defend against
or rebut such proof. Upon the filing of an information, a no-
tice thereof shall be sent by registered mail, in the manner
and form prescribed by 475.40, addressed to the defend-
ant at the address which the applicant has designated for
official notices, in his application, if a denial proceeding, or,
in revocation or suspension proceedings, at the last business
address which a broker has registered with the commission,
or, in case the defendant is a salesman, in care of the em-
ployer, at the last address registered with the commission. A
copy of the information shall be enclosed with the notice.
The notice shall fix the date, not less than twenty days after
the mailing of the notice, on which the defendant is re-
quired to file an answer or motion to quash the information.
The prayer of the information for revocation or suspension,
or both, shall not control or limit the power of the commis-
sion to enter such an order as is warranted by the facts and
this chapter.
History.-27, 28, ch. 12223, 1927; CGL 4088, 4089; am. 4, ch. 24090,
1947.
cf.-475.44 Disqualification of commission members.

475.27 Appointment of examiner; taking of testi-
mony.-
Whenever an issue of material fact shall appear from the
information and answer in a denial, revocation or suspension
proceeding, the commission, or its chairman, shall make an
order appointing an examiner to hear and report the evi-
dence that may be offered upon said issue. The examiner
shall receive the evidence offered together with any objec-
tions thereto and shall transcribe or cause to be transcribed
the same and shall report the testimony to the commission.
The parties shall have reasonable opportunity to present all
evidence pertinent to any material issue in the case. The
examiner shall administer oaths to the witnesses, afford all







REAL ESTATE LICENSE LAW


parties the right to cross-examine adverse witnesses, give
notices of the time and place of hearing, and do any other
act authorized by this chapter, or lawfully directed by the
commission. The examiner may, unless the commission or
chairman shall otherwise direct, make a presentment to the
circuit court of the county in which the hearing is or was
held, of any misconduct of a witness, described in 475.32,
for proceedings therein authorized, or the commission or
chairman, may make such presentment. Unless an examiner
or reporter is a regular salaried employee of the commission,
he may be paid a per diem for holding hearings and such
compensation for transcribing and reporting testimony, as
may be deemed reasonable by the commission. An examiner
may adjourn hearings, but all hearings shall be held in the
county where the defendant resides or where the matters
and things charged in the information are alleged to have
occurred.
History.-29, ch. 12223, 1927; CGL 4090; am. 5, ch. 24090, 1947.

475.28 Rules of evidence.-
In all proceedings before the commission or before the
courts, civil or criminal, where the payment, receipt or ex-
pectation of a commission, compensation or valuable con-
sideration shall be a necessary element to the investigation,
inquiry or offense, proof of the performance of the act, serv-
ice or condition for which such commission, compensation
or valuable consideration is required to be shown, shall be
prima facie evidence that such act, service or condition was
performed or existed for, or in expectation of, the payment
or receipt of a commission, compensation or valuable con-
sideration; and where it shall be material to determine
whether or not a party to any action, civil or criminal, is
properly registered, the burden of proof shall be on such
party.
Photostatic copies of all papers and documents may be in-
troduced in lieu of the originals, in the trial of informations,
or typewritten copies may be substituted after production of
the original to the examiner. The books of account and rec-
ords of any person shall be admissible upon a showing that
they were made in the regular course of business, without







REAL ESTATE LICENSE LAW


introducing the person who made the entries, the weight of
such evidence to be decided by the court or commission.
History.-30, ch. 12228, 1927; CGL 4091.
475.29 Jurisdiction of the commission.-
The commission shall have original jurisdiction to re-
ceive, hear and determine all informations permitted to be
filed, and shall have power to grant, deny, revoke or suspend
registration, or to dismiss an information, as it may find war-
ranted by the facts and the provisions of this chapter. Reg-
istration may be revoked or suspended upon one or more
of the grounds enumerated in 475.25, or elsewhere in
this chapter. An application may be denied under the cir-
cumstances enumerated in 475.17 or 475.18, and the
commission may enter a final order on an application for
registration upon the record made by the applicant as pro-
vided in 475.18, or upon an information and proceedings
thereon, as otherwise provided in this chapter. The defend-
ant may appear before the court and the commission by
attorney or in person.
History.-31, ch. 12223, 1927; CGL 4092; am. 1, ch. 22861, 1945; am. 6,
ch. 24090, 1947.
475.30 Answers, motions and defaults.-
(1) The defendant named in an information shall file
with the commission a verified answer thereto, and, if he be
so advised, a motion to quash the information, on or be-
fore the date fixed in the notice required by 475.26. The
filing of an answer to the information shall waive any defect
in, or objection to, the notice, or want of notice. The answer
shall admit or deny each fact alleged, except mere matters
of inducement, or formal allegations, in the information, or
avoid the effect thereof by a recital of the facts as defend-
ant conceives them to be, and each issuable fact not denied
in one of the manners aforesaid, shall be deemed to be ad-
mitted. No admission or allegation of the defendant made
in an answer, motion or on the trial, shall be evidence
against him in any civil or criminal proceeding, except upon
a trial of a charge of perjury against him. All allegations of
an answer not admitted in the information shall be deemed
denied by the plaintiff.
(2) All questions of jurisdiction, or sufficiency of the







REAL ESTATE LICENSE LAW


information, and other matters of law may be raised by mo-
tion to quash, which motion shall be deemed, for the pur-
pose only of said motion, to admit the truth of the facts
alleged in the information. The defendant shall be entitled
to an immediate hearing upon such motion to quash, and
either party to the proceedings, or the commission on its
own motion, may call said motion to quash up for hearing
on ten days notice to the parties, and all proceedings in the
case shall abate until such motion to quash is heard and
disposed of by the commission. In the event said motion to
quash be denied by the commission, it shall enter its order
to such effect, which order shall be reviewable on certiorari
as provided in 475.35, but no supersedeas or stay of pro-
ceedings shall be granted pending such review except upon
application as provided in 475.35. In the event the infor-
mation shall be adjudged insufficient by the commission or
on appeal, the plaintiff shall have the right to amend such
information at any time within twenty days after the order
holding said information to be insufficient shall have be-
come final. In the event of necessity of procedure not spe-
cifically provided for herein, the procedure applicable in
chancery practice and appeals shall govern so far as they
may be applicable.
(3) If no answer or motion to quash shall be filed on or
before the date fixed in the notice prescribed in 475.26,
or within the time as it may be enlarged, the chairman
shall enter an order declaring the defendant to be in de-
fault, the allegations of the information shall be taken as
true, and a final order may be entered, ex parte, at any sub-
sequent meeting of the commission. The default may be
opened for good cause shown before a final order is en-
tered, and, if it shall appear to the commission, before Octo-
ber 1 next succeeding the entry of a final order, that the
failure to file an answer, or sooner apply for an opening of
the default, was not, in any wise, due to the fault, neglect,
or disobedience of the provisions of this act requiring im-
mediate filing of notice of change of address or employer,
of the registrant, the commission may, in its discretion, set
aside the final order and permit the filing of an answer.
(4) Whenever, in this chapter, the words denial, revo-
cation, or suspension, or any two of them, or related words







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shall appear, they shall be construed to be distributive to
the appropriate proceedings.
(5) Whenever, under this chapter, service of any paper
on the defendant is required, such service may be made
personally, or by mail, on him or his attorney, and proof of
such service may be made by affidavit of the person mak-
ing the service. A defendant shall not be required to serve
any paper which is required by this chapter to be filed with
the commission, unless specifically so stated.
History.-32, ch.12223, 1927; CGL 4093; am. 7, ch. 24090, 1947; 11, ch.
25035, 1949; sub. (2) am. 10, ch. 26484, 1951; (1), (2), (4) by 2, ch. 59-197.
475.31 Final orders.-
(1) Upon default, or the filing of a motion to quash the
information, or motion for a final order, or upon the filing
of a final report of the examiner, the cause may be heard by
the commission at a regular, special or adjourned meeting.
The defendant may file a brief not more than fifteen days
after service of a notice that the report of the examiner has
been filed. He may request an oral argument within said
time, and if the request is granted, shall be given notice of
the time and place of hearing at least five days before the
date thereof. Upon submission of the cause, in any case, and
upon being fully advised in the premises, the commission
shall make a final order, which shall be signed, or assented
to in writing, by a majority of its members, which order,
together with any dissent that a member shall desire to
file, shall be entered in an appropriate order book. The final
order may dismiss the information, which order shall not be
appealable; or said order may deny registration, if in a de-
nial proceeding, or revoke or suspend registration if the de-
fendant is a registrant, as the facts and law may warrant,
and no final order shall thereafter be annulled, reversed or
called in question, except upon appeal, or because void for
want of jurisdiction to enter it. The commission may re-
mand the cause to an examiner for the taking of further
testimony, before entering a final order, if justice appears so
to require.
(2) All final orders of the commission revoking or sus-
pending registration of a registrant shall become effective
when the time for filing petition for writ of certiorari has







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expired and all other orders or rulings of the commission
shall become effective when entered, unless such final or-
ders or other orders and rulings be superseded as provided
in 475.35. Any order or ruling which is superseded shall
become effective when the time for appeal from the judg-
ment, order, or decision of the appellate court has expired,
unless such order or ruling of the commission be finally re-
versed or set aside. The commission may postpone the ef-
fective date of any order where no supersedeas is filed. The
commission shall enforce all orders as of the effective date
thereof and may maintain such action in the courts as shall
be necessary to the effective enforcement thereof.
(3) An order revoking or suspending the registration of
a broker shall automatically suspend the certificates of all
salesmen registered with said broker, and if a partnership
or corporation, of all members, officers and directors also,
while the registration and certificate of said broker shall be
inoperative, or until new employment or connection is se-
cured, and a new certificate is issued to the member, officer,
director or salesman; but the right to transfer or have a cer-
tificate issued or reissued shall not extend beyond a period
of six months after the termination of the license year in
which said order became effective.
(4) The final order of the commission in revocation or
suspension proceedings, shall, except where the information
is dismissed, or is based upon a default, or upon a motion
to quash, or for a final order, contain a finding of facts, suf-
ficient to support the order. The findings of fact of the
commission shall have the same force and effect as the
findings of a general master in chancery.
(5) Any registrant whose registration has been sus-
pended may petition the commission for the reissuance of a
certificate for the balance of the license year, or for a re-
newal certificate for the succeeding year, at the expiration
of the period of suspension, or during an indefinite suspen-
sion, and at any time before the expiration of six months
after the termination of the license year in which said term
of suspension expired, and in support thereof shall show by
his affidavit, on a form to be prescribed by the commis-
sion, that he has fully complied with all of the terms and
conditions of said suspension, and has not, during the full







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period thereof, acted, or offered to act, or held himself out
as being entitled to act, as either a real estate broker or
salesman in the state. Thereupon the commission shall re-
issue or renew said certificate, unless it shall have reason
to doubt that said affidavit is in all material respects true,
in which case it shall cause to be filed and served on such
petitioner a rule requiring him to show cause, within a time
fixed therein, why his petition should not be denied, and
shall cause a hearing thereon to be held substantially as in
the case of a trial of an information; and if it shall find the
petitioner has failed to show by a preponderance of the evi-
dence that the facts stated in said affidavit are true, said
petition shall be denied.
(6) The commission shall have authority to terminate a
period of suspension, if satisfied that justice requires it, and
for like reason may permit a former registrant, whose regis-
tration has been revoked, to file a new application, which
shall thereafter be treated as any other application, upon pe-
tition filed by the registrant, if satisfied that the petitioner
will thereafter conduct himself in accordance with the law
and ethics governing registrants; but the action of the com-
mission in such cases is discretionary and shall be final.
(7) The commission may publish and distribute in such
manner and form as it may prescribe any or all of its final
orders or decisions made under this chapter, after they
shall be final by lapse of time, or upon affirmance on appeal,
or opinions of appellate courts, for the guidance of regis-
trants and the public, and may publish, or withhold from
publication, the names and addresses of any or all parties
concerned.
(8) If, in any proceeding before the commission or a
court under this chapter, a question of procedure shall arise
which is not covered by this chapter or valid rule made
hereunder, it shall be decided in the same manner as
though the same or a similar question had arisen in a chan-
cery case.
History.-33, ch. 12223, 1927; CGL 4094; am. 2, ch. 22861, 1945; 8,
ch. 24090, 1947; 11, ch. 25035, 1949; 3, ch. 59-197.
475.32 Subpoenas; issuance; service; failure to answer;
witness fees.-
Subpoenas for witnesses, whose evidence is deemed ma-







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trial to any investigation or hearing authorized by this
chapter, may be issued by the commission or its chairman
and under the seal of the commission, or by any circuit
clerk, county judge, or clerk of the county court or county
judge's court, or examiner appointed under this chapter,
commanding such witnesses to be or appear before the com-
mission, the examiner, or any authorized representative of
the commission, at a time and place to be therein named,
and to bring such books, records, and documents as may be
specified, or to submit such books, records, and documents
to inspection; and such subpoenas may be served by such
examiner or authorized representative of the commission, or
by any sheriff or deputy.
Where any witness who has been served with a subpoena
fails or refuses to be or appear at the time and place named,
or fails or refuses to answer any lawful questions pro-
pounded or produce the books, records, or documents re-
quired, or who shall be guilty of disorderly or contumacious
conduct at the hearing, the facts shall be made known to a
circuit judge of the county, who shall forthwith issue an
attachment for such witness, and cause him to be brought
before said judge. Upon appearance, if the witness shall fail
to purge himself of such failure, -refusal or conduct, the
judge shall proceed further as in cases of contempt of court;
and said witness shall pay the costs of said attachment.
Witnesses shall be entitled to the same fees and mileage
as they may be entitled by law for attending as witnesses in
the circuit court, except where such examination is held
at the place of business or residence of the witness, but no
witness shall be required to attend a hearing outside of the
county wherein he resides, or may for the time be domi-
ciled, without his consent, unless it be shown to a county
or circuit judge that such persons are attempting to avoid
appearing as witnesses.
Witnesses who testify under subpoena shall be entitled to
the same protection and immunities as are witnesses in ju-
dicial proceedings.
History.-34, 36, ch. 12223, 1927; CGL 4095, 4097.
cf.-90.14 Pay of witness.
475.34 Fees of court officials; payment by commission.
475.33 Right of defendant to subpoena witnesses.-







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The defendant may subpoena witnesses upon payment of
the fees required by law, but may be required to advance
the cost of taking and transcribing the evidence of such wit-
nesses.
History.-37, ch. 12223, 1927; CGL 4098.
475.34 Fees of court officials; payment by commis-
sion.-
The judges, clerks, sheriffs, and other officers shall be en-
titled to the same fees as may be provided by law for simi-
lar services in other cases. The fees of witnesses and officers
shall be paid by the commission upon presentation of vouch-
ers approved by the examiner or representative, but the
commission shall not be liable for fees incurred by reason
of services performed at the direction of a defendant unless
otherwise previously ordered.
History.-35, ch. 12223, 1927; CGL 4096.
cf.-28.24 Compensation of clerk of circuit court.
28.241 Filing fees.
30.23 Fees of sheriffs and constables.
475.35 Appellate review of proceedings.-
The final orders and rulings entered or issued in any pro-
ceeding before the Florida real estate commission shall be
reviewable only by a writ of certiorari issued by the district
court of appeals of the appropriate appellate district, or the
supreme court, when permitted, as and in the manner pro-
vided by the Florida appellate rules or by chapter 120. The
venue of the proceedings for such review shall be the ap-
pellate district which includes the county wherein hearings
before the examiner are required to be heard under the
provisions of 475.27; provided however, that if venue can-
not be determined under 475.27, then the venue of such
proceedings shall be the appellate district which includes
the county wherein the executive offices of the commission
are located. In all such cases the style of the cause in the
court of appeals shall be ............. .., Petitioner, vs. The
Florida Real Estate Commission and (the original plaintiff),
Respondents.
History.-38, ch. 12223, 1927; CGL 4099; am. 9, ch. 24090, 1947; 4, ch.
59-197; 11, ch. 63-509.
475.361 Application and construction of act.-
(1) This act (amendments to 475.01(12), 475.30,







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475.31, 475.35 and 475.36 by ch. 59-197) does not apply to
any appellate proceeding pending in any court on May 30,
1959.
(2) The provisions of said act shall be construed to be
exclusive and not cumulative, or alternative, and to the ex-
tent that there is conflict between the provisions of this act,
and any other statute, then such other statutes are to the
extent of such conflict hereby repealed.
History.-6, 8, ch. 59-197
475.37 Effect of reversal of order of court or commis-
sion.-
Should the order of the court or commission denying, re-
voking or suspending registration, be finally reversed and
set aside, the defendant shall be restored to his rights and
privileges as a broker or salesman, from and after filing the
mandate, or a copy thereof, with the commission, and the
matters and things alleged in the information shall not
thereafter be reexamined in any other proceeding concern-
ing the registration of the defendant; or if the inquiry con-
cerned was in reference to an application for registration,
the application shall stand approved, and such application
shall be remanded for further proceedings according to law.
History.-40, ch. 12223, 1927; CGL 4101.
475.38 Payment of costs.-
The commission shall not be required to advance any fee
or costs to any officer or witness, or to execute any bond in
any proceeding in the courts, any general statute to the con-
trary notwithstanding, but in every case, where the com-
mission shall be liable for any fees or costs, a voucher
therefore shall be presented to the commission, and if ap-
proved, shall be audited and paid as are other expenses of
the commission. The commission may, where it is satisfied
that a defendant is unable to pay or advance any fees or
costs and that the service from which such fees or costs
have accrued, or will accrue, is probably necessary in the
interests of justice, upon application by the defendant, or-
der that such fees or costs be incurred at the expense of the
commission, and be paid as are other fees and costs, but the
defendant shall remain liable to the commission for all sums
so paid.
History.-W41, ch. 12223, 1927; CGL 4102.







REAL ESTATE LICENSE LAW


475.39 Right of commission to bring injunction or man-
damus.-
Whenever it shall appear to the commission that any per-
son is operating as a broker or salesman without having
been duly registered, or is violating any of the provisions of
this chapter or lawful rules, regulations or orders of the
commission, the commission may file an application for in-
junction in its own name, or proceedings by mandamus, in
the name of the state, on its own relation, and by its coun-
sel, alleging the facts, and praying for an injunction or writ
of mandamus against such person, partnership or corpora-
tion, or its members, officers or directors, restraining them
from further operating or acting as real estate brokers or
salesmen until such time as the proper certificates shall have
been granted, or restraining them from disobeying, or com-
manding them to obey such law, order, rule or regulation.
Upon proper application, and showing that the defendant
is not registered or that renewal certificates have not been
applied for, or that registration has been denied, revoked
or suspended, or that the law, order, rule or regulations
have been or are about to be violated or disobeyed, which
showing may be by affidavit, the judge of the court wherein
the bill shall be filed, shall issue a restraining order or al-
ternative writ of mandamus and, upon the final hearing,
shall grant and issue an injunction, mandatory injunction,
or peremptory writ of mandamus, as prayed, upon finding
the truth and sufficiency of the allegations of the bill or
petition. The court may enforce said injunction or writ by
punishment for contempt, and by such other writs and proc-
ess, mesne or final, as are permitted to circuit courts, and
shall make such other orders as its discretion and the rules
shall require. Such injunction or writ may be limited in
time, perpetual or conditional, as may be necessary and
proper to the enforcement of this chapter. Decisions of the
circuit courts rendered pursuant to this section shall be ap-
pealable to the appropriate district court of appeals in the
manner and within the time provided by Florida appellate
rules.
History.-42, ch. 12223, 1927; CGL 4103; 2, ch. 29737, 1955; 28, ch. 63-559. 0
cf.-350.64, Appeals in cases brought by railroad commissioners.







REAL ESTATE LICENSE LAW


475.40 Notices.-
Whenever any notice shall be required by this chapter, it
shall be sufficient to deliver such notice personally to the
person to be notified, or to a member or officer of a partner-
ship or corporation, or to cause the same to be sent by reg-
istered mail, fully stamped and addressed -to such person
at the last business address registered with the commission,
or, if to a salesman, addressed in care of the registered em-
ployer; or to the attorney of record. Such notice shall con-
tain sufficient information to put such person on inquiry,
and reasonably lead to a discovery of all facts necessary to
the protection of his rights. The period of notice shall be
fixed at a reasonable time by the commission, not less than
may, for the particular notice, be fixed in this chapter. The
affidavit of the person delivering or mailing the notice shall
be proof of the fact, but if done by the sheriff or an exam-
iner may be proved by return.
History.-i43, ch. 1222.3, 1927; CGL 4104.
cf.-1.01(13) defines registered mail to include certified mail with return receipt
requested.
475.41 Contracts of unregistered person for commis-
sions invalid.-
No contract for a commission or compensation for any act
or service enumerated in subsection (2) of 475.01 shall
be valid unless the broker or salesman shall have complied
with this chapter in regard to registration and renewal of
the certificate at the time the act or service was performed.
History.-44, ch. 12223, 1927; CGL 4105.
475.42 Violations and penalties.-
(1) VIOLATIONS.-(a) No person shall operate as a
real estate broker or salesman without being the holder of a
valid current registration certificate.
(b) No person registered as a real estate salesman shall
operate as a real estate broker, or operate as a salesman for
any person not registered as his employer.
(c) No broker shall employ, or continue in employment,
any person as a real estate salesman who is not the holder of
a valid current registration certificate as salesman; but a reg-
istration certificate as salesman may be issued to a person
registered as an active broker, upon request and surrender







REAL ESTATE LICENSE LAW


of the certificate as broker, without a fee in addition to
that paid for the issuance of the broker's active certificate.
(d) No salesman shall collect any money in connection
with any real estate brokerage transaction, whether as a
commission, deposit, payment, rental, or otherwise, except in
the name of the employer, and with the express consent of
the employer; and no real estate salesman, whether the
holder of a valid current registration certificate or not, shall
commence or maintain any action for a commission or com-
pensation, in connection with a real estate brokerage trans-
action, against any person except a person registered as his
employer at the time the cause of action is alleged to have
arisen.
(e) No person shall violate any lawful order, rule or
regulation of the commission, which is binding upon him.
(f) No person shall be guilty of any conduct or practice
set forth in 475.25(1) (a),(b),(c), or (f).
(g) No person shall make any false affidavit or affirma-
tion intended for use as evidence by or before the commis-
sion, or a member thereof, or by any of its authorized repre-
sentatives, in connection with any investigation authorized
by this chapter, nor shall any person give false testimony
under oath, or affirmation, to or before the commission, or
any member thereof, or any examiner appointed hereunder,
in any proceeding authorized by this chapter.
(h) No person shall fail or refuse to appear at the time
and place designated in a subpoena issued under .this chap-
ter, unless because of facts that are sufficient to excuse ap-
pearance in response to a subpoena from the circuit court,
nor shall a person who is present before the commission, a
member thereof, one of its authorized representatives, or an
examiner, acting under authority of this chapter, refuse to
be sworn or to affirm, or fail or refuse to answer fully any
question propounded by the commission, a member thereof,
or such representatives or examiner, or any person by the
authority of such officer or appointee, nor shall any person,
so being present, conduct himself in a disorderly, disrespect-
ful or contumacious manner.
(i) No person shall obstruct or hinder in any manner
the enforcement, or performance of any lawful duty by any
person acting under the authority, of this chapter, or inter-







REAL ESTATE LICENSE LAW


fere with, or intimidate, or offer any bribe to, any member
of the commission, or any of its employees or examiners, or
any person who is, or is expected to be, a witness in any
investigation or proceeding under this chapter.
(j) No real estate broker or salesman shall place, or
cause to be placed, upon the public records of any county,
any contract, assignment, deed, will, mortgage, lien, affida-
vit, or other writing which purports to affect the title of, or
encumber, any real property, if the same is known to him to
be false, void, or not authorized to be placed of record, or
not executed in the form entitling it to be recorded, or the
execution or recording whereof has not been duly author-
ized by the owner of the property, maliciously or for the
purpose of collecting a commission, or to coerce the pay-
ment of money to the broker or salesman or other person, or
for any unlawful purpose.
(k) No person shall operate as a real estate broker under
a trade name without causing the same to be noted in the
records of the commission and placed on his certificate, or
so operate as a member of a partnership or as a corporation
or as an officer or manager thereof, unless said partnership
or corporation is the holder of a valid current registration
certificate.
(2) PENALTIES.-Any person who shall violate any of
the provisions of this section shall, upon conviction, be pun-
ished by a fine of not less than fifty dollars nor more than
five hundred dollars, or by imprisonment for not more than
six months, or if a corporation, by a fine of not less than one
hundred dollars nor more than one thousand dollars, ex-
cept where a different punishment is prescribed by this
chapter. Nothing in this chapter shall prohibit the prosecu-
tion of any person for an act or conduct prohibited by this
section, under any other criminal statute of this state, pro-
vided, however, in such cases, the state may prosecute un-
der this section or under such other statute, or may charge
both offenses in one prosecution, but the sentence imposed
shall not be a greater fine or longer sentence than that pre-
scribed for the offense which carries the more severe penal-
ties. A civil case, criminal case, or a denial, revocation, or
suspension proceeding may arise out of the same alleged
state of facts, and the pendency or result of one such case







REAL ESTATE LICENSE LAW


or proceeding shall not stay or control the result of either of
the others.
(3) DEFINITIONS.-
(a) Wherever the words "operate" or "operating" as a
broker or a salesman shall appear in this chapter, or in any
order, rule or regulation of the commission, or in any plead-
ing, indictment or information, under this chapter, or in any
court action or proceeding, or in any order or judgment of
a court, it shall be deemed to mean the commission of one
or more acts described in 475.01(2) and 475.01(3) as
constituting or defining a real estate broker or salesman,
not including however, any of the exceptions stated
therein. A single such act shall be sufficient to bring a per-
son within the meaning of this chapter, and each act shall,
if prohibited herein, constitute a separate offense.
(b) The term "valid current registration certificate"
shall be held to mean an active registration certificate that
is based upon a registration that has not expired, or that has
not been revoked, or that is not presently suspended, which
was issued prior to the date of the act, conduct or operating,
which is the subject of an offense, inquiry, or proceeding,
and expiring subsequent thereto, which certificate shall
show the then address of the business office, if of a real
estate broker, or the then name and business address of
the employer, if of a real estate salesman.
(c) The word "person" as used in this chapter shall
apply to an individual or a corporation, the singular shall in-
clude the plural and the male pronoun shall include the fe-
male and neuter.
History.-45, ch. 12223, 1927; CGL 8134; am. 11, ch. 24090, 1947; 11,
ch. 25035, 1949; (1)(d) 10, ch. 26484, 1951; (1)(e) r. 22, ch. 6.3-129.
cf.-775.06 Alternative punishment.
475.43 Presumptions.-
In all criminal cases, and in contempt cases, or other cases
filed pursuant to this chapter, if it shall appear that a party
has sold, leased or let real estate, the title to which was not
in him when it was offered for sale, lease or letting, or such
party has maintained an office bearing signs that real estate
is for sale, lease or rental threat, or has advertised real
estate for sale, lease or rental, generally, or describing prop-
erty, the title to which was not in such party at the time, it







REAL ESTATE LICENSE LAW


shall be a presumption that such party was acting or at-
tempting to act as a real-estate broker, and the burden of
proof shall be upon him to show that he was not acting or
attempting to act as a broker or salesman, as defined herein.
All contracts, options or other devices not based upon a sub-
stantial consideration, or that are otherwise employed to
permit an unregistered person to sell, lease or let real estate,
the beneficial title to which has not, in good faith, passed
to such party, for a substantial consideration, are hereby de-
clared void and ineffective in all cases, suit or proceedings
had or taken under this chapter; provided, however, that
this section shall not apply to irrevocable gifts, or to uncon-
ditional contracts to purchase, or to options based upon a
substantial consideration actually paid and not subject to
any agreements to return or right of return reserved.
History.-3, ch. 22861, 1945.
475.44 Disqualification of members of the commis-
sion.-
A member of the commission may be disqualified from
hearing and participating in the decision of a denial, revo-
cation or suspension case on the same grounds and in sub-
stantially the same manner as a circuit judge may be dis-
qualified. Upon the entry of an order of disqualification,
either voluntary, or pursuant to a sufficient showing thereof,
the governor shall appoint a real estate broker, qualified un-
der 475.02, who is not of kin to any of the parties nor
known to be biased or prejudiced in the cause, and who re-
sides more than fifty miles from the county in which the de-
fendant resides, to sit in the place and stead of such dis-
qualified member, who, in the particular cause, shall have
the same duties, powers and authority of a member of the
commission, and shall be reimbursed for traveling expenses
as provided in 112.061. No step in the proceeding, taken
prior to the filing of objections to such member, shall be
held invalid, unless it is made to appear that the defendant
has sustained substantial injury thereby, which cannot oth-
erwise be remedied. Any registrant who shall make any
false affidavit for the purpose of disqualifying a member of
the commission in any cause may be charged therewith in
an information before the commission, and his registration







REAL ESTATE LICENSE LAW


shall be revoked if he is found guilty thereof, and any de-
fendant or other person who shall make any false affidavit
intending that the same shall be filed in support of the dis-
qualification of a member of the commission shall, upon con-
viction be punished by imprisonment in the state prison for
a term of not more than five years or by a fine of not less
than five hundred dollars and not exceeding five thousand
dollars, or by both such fine and imprisonment.
History.--4, ch. 22861, 1945; 12, ch. 24090, 1947; 19, ch. 63-400.
475.451 Schools teaching real estate practice.-
(1) Every person, school or institution, except ap-
proved and accredited colleges and universities of this state,
who shall offer or conduct any course or courses of study in
real estate practice, or any course or courses designed or
represented to enable or assist applicants for registration as
real estate brokers or salesmen to pass examinations con-
ducted by the Florida real estate commission, shall, before
commencing or continuing further to offer or conduct such
course or courses, on and after October 1, 1957, obtain a
permit from the real estate commission, and thereafter
abide by the regulations imposed upon such person, school
or institution by this chapter and rules and regulations of
the real estate commission made pursuant thereto; provided,
that this section shall not apply to or be construed to regu-
late any real estate educational program conducted on a
non-profit basis.
(2) An applicant for a permit hereunder shall first pass
an examination as a real estate broker and be the holder of a
registration status as a real estate broker, either active or
non-active. The commission may require references to per-
sons having knowledge concerning the applicant and the
enterprise, may propound interrogatories to such references
and to the applicant concerning the character of the appli-
cant, and shall make such investigation of him or the school
or institution as it may deem necessary to the granting of
the permit, and if an objection is filed, a notice and hear-
ing shall be held in the same manner as provided by law
and rules in hearings on objections or informations against
applicants for registration by the real estate commission. 0
(3) It shall be unlawful for any person, school or insti-







REAL ESTATE LICENSE LAW


tution to offer the courses described in subsection (1) or to
conduct classes in such courses, regardless of the number of
pupils, or by correspondence or otherwise, without first pro-
curing a permit, or to guarantee that their pupils will pass
any examinations given by the commission, or to represent
that the issuance of a permit is any recommendation or en-
dorsement of the person, school or institution to which it is
issued, or of any course of instruction given thereunder.
(4) The application of each school, institution, or person
operating such school or institution, shall be accompanied
by a fee of one hundred dollars, and the application of each
person employed by a school or institution as an instructor
shall be accompanied by a fee of twenty-five dollars and
the permit, if issued, shall be annually renewed by the pay-
ment of the same fee as for original applications, on or
before each succeeding September 30, as in cases of regis-
tration certificates of brokers and salesmen, and the same
shall be paid into the state agency fund, as provided in
475.11.
(5) Any person guilty of a violation of this section shall
be deemed guilty of a misdemeanor, and punished as pro-
vided for in 475.42(2).
(6) In the event that any person, school or institution
shall violate any of the provisions of this section, or violate
any rule or regulation adopted pursuant thereto, or attempt
to continue to operate as herein defined, after the revoca-
tion or during a period of suspension of a permit, the Flor-
ida real estate commission shall be entitled to the appropri-
ate remedy given to it in other cases by 475.39.
History.-Comp. 1, ch. 57-817.
475.47 Publication of false or misleading information;
promotion of sales.-
It shall be unlawful for any person to publish or cause to
be published by means of newspaper, periodical, radio, tele-
vision, or written or printed matter, any false or misleading
information for the purpose of offering for sale or for the
purpose of causing or inducing any other person to purchase
real estate located in the state, or to acquire an interest in
the title thereto.
History.-Comp. ~1, ch. 31401, 1956.







REAL ESTATE LICENSE LAW


475.48 Violation 475.47, penalty.-
Any person found guilty of violating the provisions of
475.47 shall, upon conviction, be punished by a fine not
exceeding $100,000.00 or by imprisonment not exceeding 5
years, or both such fine and imprisonment.
History.-Comp. 2, ch. 31401, 1956.
475.49 Proceeding to rescind or recover.-
Any person who, in reliance upon any false or misleading
information published in violation of 475.47, pays any-
thing of value toward the purchase of or acquiring an inter-
est in the title to real estate located in this state, shall be
entitled in an equity proceeding to rescind the contract in
accordance with equity principles or in an action at law to
recover from the person to whom such payment was made,
damages for his loss, and provided, further, that any person
who purchases or acquires an interest in the title to real
estate or contracts therefore, after he or his agent has made
an actual physical or visual examination of the property
involved, shall not be entitled to the benefits of this section.
Any action under this section not brought within one year
from the date of the first payment on the purchase price or
other consideration, or within three months after said pur-
chaser or his agent has physically or visually examined said
real estate, whichever time shall occur first, shall be barred.
History.-Comp. 3, ch. 31401, 1956.












0









CHAPTER II
HISTORY AND OBJECTS OF REAL ESTATE
LICENSE LAW
2.01 Definitions. 2.04 Important features of the
2.02 History prior to regulation. real estate license law.
2.03 History of regulation.
2.01 Definitions.-
The real estate business is a vocation in which real prop-
erty forms the stock in trade, and is bought, sold, leased or
rented. It includes those who deal for themselves, or as
agents for others, or both.
The real estate profession is a calling in which skill and
experience in real estate values and practices, coupled with
high standards of integrity, are offered as a service to the
public, and confidence in the possession and application of
these qualities is invited.
A real estate broker is one who, as a vocation or profes-
sion, acts for others in the negotiation of the sale, purchase,
leasing, renting or management of real property, or the find-
ing of purchasers, sellers, lessors or lessees, or landlords
or tenants, of real property, with whom his employer may
negotiate; or one who engages to make, or assists in making,
real estate bargains for others.
A real estate salesman is one who, as a vocation or profes-
sion, performs any of the services ordinarily performed by
a broker, but who is employed by, or is under the direc-
tion of, a broker, or a regular employer engaged in the real
estate business.
A real estate appraiser is one who, as a vocation or pro-
fession, acts in an expert capacity for others in the appraisal
or valuation of real estate and fixtures.
The principal, employer or client of a real estate broker is
the one who engages the services of such broker.
The customer or prospect is the one with whom the bro-
ker hopes to be successful in accomplishing the object of his
employment.
2.02 History prior to regulation.-
While there have been regulations of sorts governing real
estate brokers from early times, the idea of excluding the
unfit from that class, and providing supervision of those
permitted to so engage, is a development of the last forty-







HISTORY AND OBJECTS OF REAL ESTATE LICENSE LAW

five years. Since life became complicated enough for people
to employ others, having more time or skill than themselves,
to transact a part or all of their business, they began to em-
ploy real estate "agents," as they were commonly called in
England, and sometimes in this country. Such agents be-
came specialists, but were grouped by the courts with all
other agents, and certain legal rules were developed and
were supposed to govern them in their dealings. These rules
did not differ substantially from the requirements of our
real estate license law, and made the prescribed conduct of
the agent measure up to his trust, thereby prohibiting him
from indulging in practices that might be resorted to, with-
out hindrance from the law, by the ordinary merchant or
business man. These practices, when not amounting to actual
larceny or forgery or the like, were not punished as crimes,
or by any other form of actual punishment, but only by
compelling restitution if the victim should take his case to
the courts.
2.03 History of regulation.-
The actual history of regulation is short. In 1911 a statute
regulating real estate brokers was passed by the Legislature
of California, but was vetoed by the Governor. Thereafter,
a similar act was enacted, but was held unconstitutional by
the courts. Finally, in 1919 an act was passed which was
held vaild, and, with many amendments to strengthen it,
and enlarge its scope, remains the law of that state. Since
that time, acts more or less identical have been passed in
forty-seven states, Alaska, Hawaii, the District of Columbia,
and five provinces in Canada. In 1923 the Legislature of
Florida passed an act very similar to the California act,
enumerating various forms of misconduct, to be punished
as misdemeanors, but did not provide any officer or board
to enforce the law, or to deny or revoke licenses to practice.
At the regular session of the Legislature in 1925, chapter
10233 was passed, creating a real estate commission to keep
records, make investigations and institute and prosecute pro-
ceedings to suspend or revoke registration of brokers and
salesmen. The power to grant, deny, suspend and revoke
registration was given to the county judges. At the extra-
ordinary session of the same year a new act, chapter 11336,
was passed, the principal change being to give the commis-
42







HISTORY AND OBJECTS OF REAL ESTATE LICENSE LAW

sion the power to grant or deny registration. In 1927 an-
other new act was passed, being chapter 12223, in which
the circuit court was given jurisdiction to suspend or revoke
registration. This act was brought forward, with some
changes, by the staff of the Attorney General, in the Florida
Statutes 1941, and was designated as chapter 475. In 1945,
the act was amended by chapter 22861, but only one section
of that act, being 475.43, has survived a decision of the su-
preme court, and a further amendment by the 1947 Legisla-
ture, being chapter 24090. Under these Amendments the
Commission was granted jurisdiction to deny, revoke, or
suspend registration, with applicant or registrant having the
right to appeal to the Circuit Court, and either of the parties
having the right to appeal from the decision of the Circuit
Court. The 1947 Amendments also set out in detail the
procedure before the Commission and the qualifications of
applicants was strengthened and additional requirements in-
cluded. At that time there was added the requirement that
an applicant be a citizen of the United States and above the
age of 21 years. The 1957 legislature, by Chapter 57-244,
amended 475.17 by adding the requirements that all appli-
cants for broker registration must serve an apprenticeship as
a registered salesman for a period of one year and that an
applicant for salesman's registration must have been a resi-
dent of the State of Florida for six months prior to filing his
application, unless the salesman applicant has operated ex-
clusively as a broker or salesman for a period of two years
in a state requiring registration, in which case he may apply
for salesman's registration immediately upon becoming a re-
sident of the State of Florida. The 1957 legislature, by Chap-
ter 57-244, also amended 475.18 by providing specifically
that an application should be denied if the applicant within
one vear had done any act prohibited in Chapter 475.01, i.e.
acted as a broker, or salesman, orior to the issuance of a re-
gistration certificate to him. This Chapter also clearly sets
forth the intent of the legislature and the ultimate goal of the
Real Estate License Law which is to elevate the real estate
profession for the protection of the public.
The 1956 Snecial Session of the legislature and the 1957
Legislature added two other acts to Chanter 475, Chapter
31401 (1956) now appearing as 475.47-475.55 regulating







HISTORY AND OBJECTS OF REAL ESTATE LICENSE LAW
advertising and Chapter 57-817 (1957) now appearing as
475.451 regulating schools teaching real estate practice.
These two chapters, while not essentially within the scope of
licensing real estate brokers and salesman, are nonetheless
important and belong properly within this discussion of the
history of the real estate license law. They exemplify the
continuous efforts of the real estate profession to regulate
themselves for the protection of all persons dealing with
them and to ever improve the standards of the profession.
2.04 Important features of the real estate license law.-
The text of the real estate license law, as it presently ex-
ists, taken from Florida Statutes, 1957, appears in chapter
I hereof. It deals first with the definitions of brokers and
salesmen, describing precisely who is required to comply
with the law, and, further, defines registration, registrants,
the fiscal or license year, the commission, or body created to
enforce the law, registration certificates, and other terms used
in other sections of the statute. In 1955 the operation of the
law was extended to business opportunity brokers so as to
prohibit them from negotiating leases or extensions, or as-
signments of leases, unless they are registered brokers.
The statute naturally provides for the appointment of
members of the real estate commission, their offices, powers,
and the disposition of their funds and the payment of their
expenses and the salary and expenses of their necessary em-
ployees. The requirements and qualifications of applicants
for registration as brokers and salesmen, and the manner of
determining such qualifications, are detailed in the statute.
It prescribes standards of conduct of registrants and the pro-
cedure whereby such conduct may be inquired into, with
the power to suspend or revoke registration for violations of
the law. A complete system of review by the courts of the
procedure of the commission and its decisions in the con-
sideration of applications and proceedings to deny, suspend
and revoke registration is prescribed. A number of minor
regulations of registrants, as well as the more important
standard of conduct applicable to them, are set forth in de-
tail. Finally, penalties, consisting of fines, imprisonment,
and the loss of commissions for violations of the statute are
included.
The foregoing will be discussed in detail in later chapters.










CHAPTER III
THE COMMISSION, ITS JURISDICTION, POWERS
AND DUTIES
3.01 Creation and organization 3.06 Powers of investigation.
of the commission. 3.07 Powers of commission to
3.02 Chairman. enact by-laws, rules and
3.03 General duties and powers regulations, and decide
of the commission, questions of practice; cer-
3.04 Specific duties and powers. tain rules.
3.05 Offices. 3.08 Education.
3.01 Creation and organization of the commission.-
The real estate license law is administered and enforced
by the Florida real estate commission, which is a body set
up by the real estate license law for its enforcement. The
commission is composed of three members, who must be resi-
dents of the state of Florida, and who for ten years have fol-
lowed the vocation of a real estate broker. They are appoint-
ed by the Governor of the state for terms of three years, one
being appointed each year. They serve until the expiration of
the term for which they have been appointed, and until their
successors have been qualified. One term expires each year,
and upon death, resignation or removal of a member, his
successor is appointed for the unexpired portion of the term.
As a new member is appointed from year to year, the com-
mission reorganizes and selects from its number the chair-
man, who is executive officer of the commission. Two mem-
bers of the commission constitute a quorum to do business.
475.02, F. S. The commissioners receive, for their services,
ten dollars per day while attending meetings, not to exceed
twelve per year, and are paid a per diem, mileage and cer-
tain other expenses in traveling and attending to their duties.
475.08, F. S.
3.02 Chairman.-
The chairman's duties and powers are continuous and ex-
tend to all those of the commission itself, except making final
decisions on informations filed before the commission and
the making of rules and regulations. 475.03, F. S. These
duties and powers are to be exercised, however, consistent
with the law and the policies, rules, regulations and directions
of the commission. The commissioners, at their reorganiza-
tion meeting, appoint a secretary. The secretary and all







THE COMMISSION, ITS JURISDICTION, POWERS AND DUTIES

other agents of the commission are employees, and they are
subject at all times to the directions and orders of the com-
mission and the chairman. 475.02, 475.09, F. S.
3.03 General duties and powers of the commission.-
The commission's powers are administrative, and include
executive, quasi-legislative, quasi-judicial and ministerial
duties and powers. Among the executive powers is included
the investigation of complaints against brokers and sales-
men, as well as all matters coming to the attention of the
commission, which indicate that the license law is probably
being violated, and otherwise executing the provisions of
the law. 475.04, F. S. Its quasi-legislative powers are exer-
cised in the passage of rules and regulations, which, to be
valid, must relate to and be within the scope of the law,
and not inconsistent with the Constitution and laws of the
United States or of the State of Florida. 475.05, F. S. Its
quasi-judicial powers are exercised when it decides that an
application for registration shall be granted or denied or that
a registration shall be suspended or revoked. 475.29, F. S.
It is performing ministerial duties when it keeps the records
required, maintains its offices, and does or causes to be done
the numerous clerical and routine matters that arise in the
daily course of business. 475.04, 475.11, 475.12, F. S. The
actual, physical doing of the clerical work of the commission
is by the secretary, attorneys, and other employees of the
commission, always, of course, at the direction and under
the jurisdiction of the chairman and commissioners.
3.04 Specific duties and powers.-
Some of the specific duties and powers have been herein-
above enumerated. The commission is required to have a
seal, which, when affixed to certificates and to rules and
regulations, imports that they are official, true and correct.
475.10, F. S. It is required to keep minutes of its meetings,
records of registration and the issuance of certificates, all
of which are required to be made and kept on file. 475.01
(4), F. S. Upon request, the chairman is required to give
certificates under his hand and the seal of the commission,
stating what the records show or fail to show about any offi-
cial matter. 475.10, F. S. Its investigations and files concern-
ing the same, however, are confidential until such time as an







THE COMMISSION, ITS JURISDICTION, POWERS AND DUTIES
information (hereinafter described) is filed. 475.06, F. S.
3.05 Offices.-
The commission is authorized to establish executive offices
anywhere in the state that it may select. 475.07, F. S. The
offices were originally established at Orlando, but in 1959,
when the new State Office Building was completed, the of-
fices were moved to Winter Park. The principal reason for
this location is that the cost of the administration is less there,
as well as the expense incurred by those finding it necessary
to visit the offices, because of its geographical location in
the state. The center of registration is a short distance south
of Orlando, it being the nearest city of any considerable size
to that center.
3.06 Powers of investigation.-
The commission is given power to conduct investigations
to determine whether persons not registered are operating
as brokers or salesmen, and may, either upon complaints
filed or upon its own motion, investigate the past conduct of
applicants and of transactions and conduct of brokers and
salesmen, where there is reason to believe that they have
violated the law, or that grounds for revocation or suspen-
sion of their registration may exist. 475.04, 475.18, 475.26,
F. S. In order to carry out these provisions, the commission
may appoint investigators and examiners, and is empowered
to demand information and records from applicants and reg-
istrants, and to issue subpoenas directed to anyone thought
to be in possession of material knowledge, records or docu-
ments. 475.09, 475.18, 475.32, 475.42(1) (g)(h)(i), F. S.
The investigators of the commission, in the execution of their
duties of investigation, are not empowered nor permitted to
express any personal opinions they may form as a result of
their investigations. It is simply the duty of the investigator
to investigate the matter thoroughly, and report findings of
his investigation to the commission, which will make the
final determination of the issues.
3.07 Power of commission to enact by-laws, rules and
regulations, and decide questions of practice; cer-
tain rules.-
The commission is empowered to enact by-laws, and rules
and regulations in the exercise of its powers, not in conflict







THE COMMISSION, ITS JURISDICTION, POWERS AND DUTIES

with the Constitution and laws of the United States or of
this State. The commission may decide questions of practice
arising in the trial of an information having regard to this
law, and the rules and regulations then in force. 475.05, F. S.
Written copies of such rules and regulations under the seal
of the commission are prima facie evidence of their existence
and substance, and the courts judicially notice printed copies
of such rules and regulations. 475.05, 475.10, F. S. Rules
and regulations, to be effective, must be filed with the Sec-
retary of State of Florida, in the manner and form prescribed
in 120.10 to 120.16, F. S. To be valid, they must relate to,
and be in aid of, some duty or power of the commission, or
in accordance with the expressed intent of the Legislature.
Some miscellaneous regulations which have to do with the
actual operation of a real estate brokerage business and of-
fice are as follows:
315A-10.01 Title.-It shall be deemed fraudulent and
dishonest dealing for any broker or salesman to sell or offer
for sale any property where he has notice that the title is
not merchantable or upon which he has notice that a mort-
gage or other lien exists, and about which he fails to inform
the purchaser before any portion of the purchase price is
paid.
315A-10.02 Mortgage releases.-It shall be deemed
fraudulent and dishonest dealing for any broker or salesman
to knowingly sell or offer for sale any property which is cov-
ered by a mortgage which also covers other property sold,
unless the particular property sold or offered for sale may
be released from the mortgage at any time before foreclosure
sale, upon payment of an amount less than that remaining
due from the purchaser after the sale.
315A-10.03 Promises to re-sell.-It shall be deemed
fraudulent and dishonest dealing and false promises for any
broker or salesman to procure, induce or influence any per-
son to buy property, by promising, representing or guaran-
teeing that he, his employer, or the owner will re-sell or
repurchase the property at any future time. Proof that such
promise, representation or guarantee has been strictly per-
formed shall be received, however, as evidence that such







THE COMMISSION, ITS JURISDICTION, POWERS AND DUTIES

conduct was not fraudulent or dishonest.
315A-10.04 Lotteries.--Lotteries and schemes of sale
involving selling of certificates, chances or other devices
whereby it is represented that the purchaser is to receive
property to be selected, in an order to be determined by
chance, or by some means other than the order of prior sale,
or whereby property more or less valuable will be secured
according to chance, or the amount of sales made, or
whereby the price will depend upon chance or the amount
of sales made, or whereby the buyer may or may not receive
any property, are declared to be methods by reason of which
the public interests are endangered. It shall be immaterial
that the scheme is actually carried out, or intended to be
carried out, by some other means than chance.
315A-10.05 Free lot schemes.-Plans or schemes
through which the public is invited to solve puzzles or sign
cards upon the pretense of a drawing in order to receive
property free or at a nominal price, or at cost, and all
schemes which pretend to be, but are not actually, lotteries
and drawings, or where the persons answering advertise-
ments, giving their names or signing cards, are told that
they may be selected to receive property free or at a re-
duced price, or at cost, are declared to be plans of selling,
by reason of which the interests of the public are endan-
gered.
315A-10.06 Equity trading.-Any plan or scheme
whereby the public is invited or induced to trade their
equities in property for other property or equities therein, or
are otherwise induced or advised, to the advantage of an-
other, to commit a breach of a contract to purchase, or to
pay for property already purchased, or are induced or ad-
vised to surrender equities in exchange for certificates or
contracts to be applied in the future on the purchase of
other property, is declared to be a plan of selling, by reason
of which the interests of the public are endangered. Pro-
vided, however, that this section shall not apply to readjust-
ment made with, or by the consent of, the vendor of the
property in which the equity-holder originally invested.
315A-11.01 Recommendations of applicant.-Every ap-







THE COMMISSION, ITS JURISDICTION, POWERS AND DUTIES
plicant for registration shall be required to have his applica-
tion accompanied by an affidavit, fully executed, on a form
prescribed by the commission, and sworn to by a real
estate broker who is at the time, and has been during at
least five years of the next preceding ten years, registered
as a real estate broker in Florida, and who is at the time,
and has been during each of said five years, engaged prin-
cipally in active practice as a real estate broker in this state,
and who, based upon his personal knowledge of the appli-
cant, or from sufficient investigation made in good faith,
shall make oath that he believes that the applicant is quali-
fied, and that -he has no reason to believe that the applicant
has been guilty of any act or conduct, not disclosed in the
application or affidavit, that might be grounds for denying
the application. No broker shall be qualified to make the
said affidavit if there shall be, at the time, an information
pending seeking the revocation or suspension of his registra-
tion, or a pending injunction proceeding by the commission,
based upon alleged violations of the law, against him, or if
the broker is under a suspension, or has been under suspen-
sion within the next preceding five years, or there is pending
against him a complaint which, together with so much of
the investigation as has been completed, appears to allege
probable grounds for revocation or suspension of his regis-
tration, nor shall any person operating or connected with
any school purporting to give instruction for compensation
to students of real estate law or practice be eligible to make
said affidavit.
315A-11.02 Procedure on application.-If an applica-
tion shall be filed without a bona fide attempt to comply
with rule 315A-11.01 hereof, the application and fee shall
be forthwith rejected and returned to the applicant. If a
bona fide attempt has been made to comply with the rule,
but the affidavit is not fully and satisfactorily executed, or
the affiant is not qualified to make the affidavit, the applica-
tion and fee shall be accepted, but the applicant shall be
sent another blank affidavit, together with the reasons for
rejection, and he shall be given a period of twenty days
within which to file a properly executed affidavit. Additional
time may be given for the filing of a proper affidavit upon
an application timely made, if the last one filed shows the







THE COMMISSION, ITS JURISDICTION, POWERS AND DUTrrES

failure to comply with the rule was not intentional.
315A-11.03 Discretionary waiver of rules.-If an appli-
cant shall make it appear to the commission or to the chair-
man that he has been recently discharged from the Armed
Forces of the United States, or of a regular organization
recognized as an auxiliary to the said Armed Forces, and
was separated therefrom under honorable conditions, and
by reason of lack of acquaintance with any qualified broker
is unable to procure an affidavit complying with rule 315A-
11.01 hereof, the chairman or the commission may waive
strict compliance with said rule and permit such substan-
tially equivalent showing by the applicant as shall be rea-
sonable.
315A-11.04 Disqualification of recommending broker.
-If it shall appear that any broker has recommended two or
more .persons for registration who shall have committed
any acts warranting revocation, suspension, or reprimand
within two years after registration, the circumstances sur-
rounding the making of the affidavit shall be investigated,
and if it shall appear that the recommending broker has
been guilty of fraud or carelessness in making any recom-
mendation, he shall be disqualified from making like affi-
davits until further order of the commission. If one broker
or firm of brokers shall be found to have made numerous
affidavits, like investigation shall be made from time to time,
and such broker or firm, shall be disqualified unless it shdll
appear that he or they have made such recommendations
with due care, and in good faith."
3.08 Education.-
The law requires the Florida Real Estate Commission to
foster the education of real estate brokers and salesmen,
concerning the ethical, legal and business principles which
govern their conduct. The publication of this book and the
Florida Realty News, a quarterly publication, is done in
furtherance of this duty. In 1959, the Commission was
further authorized to conduct, offer, sponsor, prescribe or
approve real estate educational courses for real estate brok-
ers and salesmen, and when any such course is established,
to require the satisfactory completion thereof as a condition
precedent to becoming a real estate broker. The provisions







THE COMMISSION, ITS JURISDICTION, POWERS AND DUTIES

of this 1959 act are now incorporated in the license law as
sections 475.04(2), 475.17(4), and 475.171, F.S. The im-
plementation of this new authority was begun in 1961, by
the commencement of courses conducted by the General
Extension of Florida under standards and procedures pre-
scribed and approved by the Commission. The law was finally
implemented by adoption of rules requiring the completion
of the course effective January 1, 1962.
These courses are made available to all registrants in
furtherance of the Commission's duty to foster the educa-
tion of registrants and, in case of salesmen desiring to become
brokers, to assure at least minimum educational require-
ments. But the course will not supplant the need for' an
examination, and each applicant will be examined by the
Commission.









CHAPTER IV
REGISTRATION REQUIREMENTS
4.01 Definitions. 4.10 Corporation not for profit.
4.02 The meaning of registra- 4.11 Corporations sole.
tion. 4.12 Partnerships.
4.03 Rights conferred. 4.13 Limited partnerships.
4.04 Form of certificate. 4.14 Joint adventures.
4.05 When certificate is void. 4.15 Business trusts.
4.06 Effect of certificate. 4.16 Unincorporated associa-
4.07 Effective date of certificate. tions.
4.08 Joint business relationships. 4.17 Trade and fictitious names.
4.09 Corporations for profit.

4.01 Definitions.-
Registration shall consist of the placing and keeping on
record of the name and business address of the registrant,
and, if a salesman, the name and business address of the em-
ployer also, in the list of brokers and salesmen maintained
in the offices of the Florida real estate commission. 475.01
(4), F. S.
A registration certificate, or certificate, is a written instru-
ment (in practice a pocket card), issued by the Florida real
estate commission, certifying that the registrant named
therein is or was duly registered and in good standing for
the license year indicated therein. 475.01(10), F. S. The
certificate is stamped with its effective date, and expires on
date shown thereon.
The license year is now a two year period.

4.02 The meaning of registration.-
While the words "registration," "registrant," and "regis-
tered," are frequently used to refer not only to the strict im-
plication of the words, but to include also the idea that a
current registration certificate has been issued, that is not
the true meaning of the words. Registration is a status which
gives the right to obtain a registration certificate, upon proper
request. It implies that the person has passed all of the tests
required by law; that the status has not been revoked, and
has not been abandoned. The right to obtain a certificate
need not be a present right, for a person whose registration
is under suspension is a registrant though he cannot use his







REGISTRATION REQUIREMENTS


present certificate or obtain another until the expiration of
the period of suspension, and he has been reinstated. Reg-
istration is terminated if a certificate is not properly re-
quested within thirty days after notice that the applicant
has passed his examination, or within six months after the
expiration of the last certificate issued, or is terminated by
an order of the Commission revoking it, or if the registration
of the registrant has been suspended and he fails to petition
for a reissuance of his certificate within six months after the
termination of the license year in which the term of suspen-
sion expired, in the manner and form required by 475.31
(6), F. S.
4.03 Rights conferred.-
Registration alone does not authorize anyone to act as a
broker or salesman. 475.01(4), F. S. Its sole effect is to entitle
the registrant to a certificate, upon receipt by the commission,
from him, of a request in proper form. To act lawfully as a
broker or salesman, the registrant must have a current reg-
istration certificate, which is legally in force. A common error,
or at least a pretended error, is that the law always gives the
registrant six months in which to renew his registration. This
is true only if the registrant is not operating during that
period. When a broker or salesman actively engages in his
profession, his acts after expiration of his certificate are un-
lawful, unless he has renewed his certificate within the time
prescribed by law and he would therefore be subject to the
penalties of the law for operating without being the holder
of a current valid registration certificate. 475.42(1) (a),
475.42(3) (b). Unless the Commission takes some action,
however, the Commission will honor a request for renewal
as long as it is received while registration is in force and
effect, that is within the six month period following expira-
tion of the last certificate. Although continued operation
without a valid certificate would be a ground for a prosecu-
tion before the Commission seeking to suspend the registra-
tion, it is noted that to legalize the acts of the registrant, it
is not necessary that he shall have received the certificate,
but only that the Commission has received his request for
the certificate in proper form, and the fee has been paid.







REGISTRATION REQUIREMENTS


4.04 Form of certificate.-
The commission prescribes the form of the certificate, and
may change it from time to time. At present, it bears a fac-
simile of the signatures of the members of the commission,
and the seal of the commission. It also contains the name
and business address of the broker, and, if issued to a sales-
man or broker-salesman, it contains the name and business
address of the employer. If the party is registered as an offi-
cer or director of a corporation, or is a partner, the name and
business address of the corporation or partnership is includ-
ed. The date of expiration and the date of issuance are also
noted. If a broker's certificate, it is plainly marked as "active"
or "non-active." A non-active certificate gives no right to
operate as a broker. 475.01(10), 475.14, F. S.
4.05 When certificate is void.-
A certificate is void after registration has been revoked,
and is ineffectual to confer new rights while registration is
suspended, though it appears on its face to be in force. If a
broker moves his office to a new address, the certificate is
no longer in force. The commission has given this provision
a reasonable interpretation, so that the mere removal from
one room to another in the same office building does not in-
validate a certificate as the act is construed to refer to a street
or building address in cities and towns that employ such
designations. In small villages where addresses are not com-
monly given by such designations, the village is the address,
and the removal to another location in the same village does
not amount to a "change of address." In unincorporated
places, the name of the Post Office is the address, and a
change is not recognized unless the registrant changes his
Post Office address, or if located outside of a town or city
having street addresses he moves into it and acquires a new
address. If a salesman ceases to be employed by his regis-
tered employer, or the employer changes his business ad-
dress, the certificate of the salesman becomes void. If a reg-
istration certificate shall cease to be in force in the case of a
broker changing his business address, or a salesman chang-
ing his employer, the old certificate shall be surrendered or
accounted for and a new certificate shall be issued upon re-
quest therefore on a form provided by the commission, and







REGISTRATION REQUIREMENTS


the fee for the issuance of the new certificate is $5.00. If a 4
registrant ceases to be an officer or a director of a corpora-
tion, the certificate issued to him in that capacity becomes
void, and the certificate of the corporation or partnership
is automatically suspended, until all necessary members,
officers and directors have proper certificates. A certificate
of a corporation or partnership also becomes automatically
suspended if any of the officers, directors, or members do
not have certificates in force. The registration of a salesman
becomes automatically suspended if the registration of his
employer is revoked or suspended, but he is entitled to re-
ceive another certificate as soon as he acquires a new em-
ployer. Generally, see 475.15, 475.23, F. S.
4.06 Effect of certificate.-
In any court proceeding, a certificate is prima facie evi-
dence that the party named therein was entitled to the rights
and privileges that the law gives to the holder of that class
of certificate after the date of issuance, and until the date of
expiration. 475.01(10), F. S. This means that if it is put
in evidence, it is sufficient, in the absence of other proof, to
show that fact. If it was issued through error, or if it becomes
void or suspended by reason of any of the facts shown in
the preceding paragraphs, and this appears sufficiently from
other evidence, the prima facie case will be destroyed. If
the certificate is lost, or the registrant does not wish to put
it into evidence, he may obtain a special certificate, setting
up the history of his registration, upon request to the com-
mission, and this is admissible, with the same effect. 475.10,
F. S. Such certificates relating to the registration of anyone
may be obtained and used in evidence by any other person
who requires it, under the foregoing section of the statute.
4.07 Effective date of certificates.-
The first certificate is stamped as of the date registration
is granted. The applicant should, therefore, not commence
operations until he receives his first certificate. When a re-
quest for renewal certificate is received in proper form and
accompanied by the proner fee, the request is stamped as
of the date of receipt of the request, 475.01(10), F. S., and
when the certificate is issued, it bears that date rather than 0
the actual date of issuance, as the law permits the registrant







REGISTRATION REQUIREMENTS


to operate after he has made the request in proper form and
the fee has been paid. 475.21, F. S. In the case of a salesman's
request for renewal and payment of fee, his certificate can-
not be renewed, unless or until his employing broker's cer-
tificate has been renewed. In the event of a reissue upon a
change of address or a change of employer, the effective date
of the certificate is also the date on which the request in
proper form plus the proper fee reaches the office of the
commission. Upon re-issue of a certificate, for any reason,
the old certificate or an affidavit of loss to take its place, must
be sent in with the request for the re-issue, by rule of the
commission.
4.08 Joint business relationships.-
A real estate broker should understand the various legal
relationships that he may at some time assume with other
brokers, and the relationship that those with whom he deals
have assumed. It is important for the protection of the bro-
ker and for those entitled to his protection, that he knows
the legal status of those for and with whom he deals. When
two or more persons are associated in business, the law rec-
ognizes corporations for profit, corporations not for profit,
corporations sole, unincorporated associations, partnerships,
limited partnerships, and joint adventures. When none of
these exist, each party is dealing as an individual. Aside
from the purely legal aspects of his relationships, the bro-
ker should also understand the registration requirements in
regard to such arrangements or organizations.
4.09 Corporations for profit.-
Corporations for profit are artificial persons, created by the
law, upon compliance with certain requirements of the stat-
ute. Upon the filing of a proposed charter, in the form re-
quired by statute, the Secretary of State issues a certificate
of incorporation which declares that the parties applying
for the charter and their successors constitute a body cor-
porate under the name set out in the charter, with the powers
set out therein, and with the other powers which the statute
gives to all corporations. The corporate life, which may be
nernetual, or for the number of ears set out, must be stated
in the charter; but the corporation may be dissolved sooner
by action of the stockholders, by the court in certain in-







REGISTRATION REQUIREMENTS


stances, or by failure to file an annual report or pay the an-
nual tax imposed by the state on such corporations. Bank-
ruptcy does not work a forfeiture of the charter, or operate
to dissolve the corporation. The corporation may be formed
for any lawful business, which should be carefully described;
but there are special statutes on charters for some types of
business such as banking, building and loan associations,
railroad and other similar organizations. Corporations for
profit are managed by a board of directors, acting through
the officers, such as president, vice-president, secretary and
treasurer, and sometimes by an executive committee. We
have a statute which prohibits the use of the word "company"
in a trade name or by a partnership or association, unless the
words, "not incorporated," or "not Inc." immediately follow
the name. Anyone dealing with a group of individuals vio-
lating this statute, may treat them as a corporation or part-
nership at his option. A corporation may be formed for the
purpose of operating as a real estate broker, but it should
be observed that a power to buy and sell real estate itself
is not sufficiently broad to permit the corporation to be reg-
istered, or to act lawfully as a broker. Of the several kinds
of corporations permissible under the statutes, only the
corporation for profit can be registered as broker under the
real estate license law. When a corporation for profit is reg-
istered as a real estate broker, the corporation itself holds
registration and a certificate. Each of its officers and direc-
tors must be classified as broker, at least one of whom must
be personally qualified to be registered as active broker for
the corporation. All the rest of the officers and directors must
be either active or non-active depending upon their per-
sonal qualifications. There is no requirement as to registra-
tion of stockholders. 475.01(2), 475.15, F. S.
4.10 Corporations not for profit.-
There is a general statute permitting corporations not for
profit to be organized. The charter must be approved by the
circuit judge, and is filed in the office of the clerk of the
circuit court. They are not organized for the carrying on of
commercial affairs, and, therefore, are not empowered to be
real estate brokers. They may, however, buy, own and sell
real estate in limited amounts, and may, therefore, be clients







REGISTRATION REQUIREMENTS


and prospects of brokers. Brokers are cautioned, however, to
deal with them with caution, as their powers are limited and
often governed by principles entirely different from those
usually encountered. If the broker is to properly protect the
public, he should never permit a client or prospect to buy
property which has been held by such a corporation with-
out seeking the advice of a competent lawyer. Our laws
permit the organization and operation of other similar bod-
ies, such as cooperative associations, which often permit the
doing of commercial business, but they cannot be registered
as real estate brokers. Their power to convey, or -to buy or
sell, their own property, however, is usually very similar to
that of an ordinary corporation.
4.11 Corporations sole.-
A corporation sole is an ecclesiastic or church organiza-
tion, still recognized in Florida. It consists of the bishop or
appropriate clerical personage empowered by a church to
hold title to the church property. The title descends to his
successors in office, and not to his heirs. As mentioned in the
preceding paragraph in regard to corporations not for profit,
dealings with a corporation sole should receive the same care
by a broker in that he should be fortified by a written opinion
of a reputable and responsible attorney, experienced in such
titles, before dealing in them. A corporation sole cannot be
registered as a real estate broker.
4.12 Partnerships.-
When two or more persons engage in business together,
each agreeing, expressly or impliedly to share the profits and
losses of the business, a partnership exists. The share of each
partner need not be identical with that of another, nor is an
investment of money in the business essential. One may in-
vest money, and another may invest property, while still an-
other may invest his skill, experience and industry. If there
is a written contract between two or more parties, setting
forth particularly their several rights and liabilities, ordi-
narily little difficulty is encountered in determining whether
a partnership exists. If the parties have undivided interests
in the assets of the business, or if each is to be liable for the
debts, there is, ordinarily, a partnership, but one is not neces-
sarily a partner because he is to share in the profits of the







REGISTRATION REQUIREMENTS


business, for that may be merely a means of paying him for
his services. Partnerships doing a real estate business must
be registered and, as in the case of the corporation for profit,
the partnership itself holds registration and a certificate.
Each of the partners must be classed as broker, at least one
of whom must be personally qualified to be registered as
active broker for the partnership. All of the partners may be
registered as active if they are personally qualified; other-
wise, they will be classed as non-active brokers. 475.01(2),
475.15, F. S. The parties ought to have no difficulty in de-
ciding whether they are partners for this purpose, but if
they are not in fact partners, and not registered as such, they
should be careful not to act like partners. Brokers some-
times share office space, which is permissible, but conduct
their businesses separately. In such case, they should not
use joint names, or operate under a trade name. They should
have the telephone listed separately, use separate letter-
heads, and clearly indicate their separate status, by indi-
vidual signs, maintained in accordance with the license law
and the rules of the commission. If they so operate as to
give a false impression, they may not only violate the real
estate license law, but may be liable for the debts or torts
of each other. An "ostensible partnership," with all of the
objections but none of the advantages of a true partnership,
may be created by estoppel as to a person who deals with one
or all of the parties, supposing that a partnership really exists.
Under the law, such parties are held to be what they seem
to be, at the option of the person deceived. One partner may
bind the others on a transaction or on a contract or obliga-
tion within the scope of the partnership business, and this
is true as to an ostensible partner as well as a real one. The
rule as to appearance does not work both ways, however,
because a real partner will be liable for the dealings of an-
other partner to a person who at the time did not know of
the partnership. A partnership may not sue or be sued in the
name of the partnership, nor may it acquire or convey title
to real estate in the name of a partnership. All such transac-
tions must be in the name of the partners, "doing business
under the firm name of," whatever may be the trade name
adopted. Under our law, a married woman may become a
partner with her husband. A corporation is not permitted







REGISTRATION REQUIREMENTS


to go into partnership with an individual or with another cor-
poration. A partnership may be dissolved by agreement, by
death, or withdrawal of one party, or one partner may bring
about a dissolution by court proceeding if an agreement to
dissolve may not otherwise be obtained. Under the general
law, the death or withdrawal of a partner works a dissolu-
tion of the partnership, but under the rules and regulations
of the commission this works no administrative change, but
the commission must be notified so as to drop such party
from the registration record, and add any new partner that
may be admitted, seeing that he obtain an active or non-
active certificate as may be required, or if registered, sur-
render his certificate and have a new one issued showing
his membership in the partnership. It is important to note
that if any member does not hold the proper certificate, the
certificates of the partnership and all members are auto-
matically suspended until proper certificates for all are in
force. 475.15, F. S.
4.13 Limited partnerships.-
The statutes provide for the creation of limited partner,
ships for carrying on any business of which an ordinary
partnership is capable. Chap. 620, F. S. Such a partnership
may be formed by filing a certificate containing the infor-
mation specified by the statute with the Secretary of State,
or by recording a certified copy with the clerk of the circuit
court. Fees, based upon the invested capital, similar to cor-
poration fees, are required to be paid. The statute also re-
quires periodic reports by the partnership to the Secretary
of State. There must be one or more general and one or more
limited partners in order to qualify. The limited partner
must make an investment of cash or other property, but not
services. The surname of a limited partner must not appear
in the name of the partnership unless the surname of a gen-
eral partner is identical or a designation is attached, indicat-
ing such limited partner, or the business had been carried
on with the name before the limited partnership was created.
If this regulation is violated, or a limited partner takes part
in the control of the business, he becomes liable as a gen-
eral partner; otherwise, he is liable only for any unpaid part
of his contribution, as set out in the certificate, assets of the
partnership in his hands, and any distribution made to him







REGISTRATION REQUIREMENTS


while the partnership is insolvent. Under the real estate li-
cense law, a limited partnership doing business as a real estate
broker can and must be registered as a broker. As in general
partnerships, each partner must be registered as a broker,
at least one of whom shall be active, although a limited part-
ner cannot register as active, and, therefore, must be non-
active. The advantages and disadvantages of this type of
organization for the conduct of business, or as a real estate
broker, remain to be demonstrated by experience. The in-
come tax law treats such an organization as a corporation,
and it and the partners are taxed accordingly.
4.14 Joint adventures.-
A partnership is a relation intended to be permanent or
for an indefinite duration, and for the purpose of carrying
on a business. If, however, two or more parties enter into a
like arrangement, limited to the transaction of only one or
a limited number of contemplated business deals, it is a
'joint adventure" or a 'joint venture," and the parties are
joint adventurers, and not partners. There is little differ-
ence between the rights, duties and liabilities of partners
and those of joint adventurers, except that one of the lat-
ter cannot bind the others by contract or obligation concern-
ing any new business or venture, but can bind the others
where the contract or obligation may be reasonably implied
as a contract or obligation of all in relation to the object of
the venture. Real estate brokers often combine their efforts
in pursuit of a prospect for the sale of a particular property,
agreeing to divide the commission without regard to the
one who is successful, or one may provide the listing and
the other the prospect under such an arrangement. This is
a joint adventure or joint venture. Unless these joint ad-
ventures have such continuity as to lead to the conclusion
that a partnership actually exists, the brokers are not re-
quired to register except as individuals. While inconsist-
ent with some of the powers and duties contemplated by the
law, corporations frequently enter into contracts that amount
to joint adventures. There is a possibility that a corporation
that becomes a party to a joint adventure might be subject
to action by the Attorney General, but no other persons ex-
cept the stockholders could be heard to object.







REGISTRATION REQUIREMENTS


4.15 Business trusts.-
In the past, real estate transactions were handled frequent-
ly through business trusts, or what has been called "Massa-
chusetts Trusts," and also referred to as "common law trusts."
In Florida and many other places they have also been called
"syndicates." Usually, a number of persons will make invest-
ments at a stipulated sum per "unit," and real estate may be
purchased and usually developed for re-sale. The title to
the property is taken in the name of a board of trustees.
These trustees are a managing group which develops and
sells the property, and finally distributes the profits, if any,
among the holders of the "units."
Common law trusts are regulated by chapter 609, F. S.,
and are required to file a copy of the declaration of trust
with the Secretary of State and pay a fee of $150.00. The
statute is silent as to the personal liability of the trustees or
unit or share holders. However, it is unlawful for such a trust
to do business in the state without registering with the Sec-
retary of State, so that it is likely that all concerned will be
liable as partners without such compliance, but otherwise,
under the law, as held by courts of other states, only the
assets of the trust can be reached to pay its liabilities; ex-
cept that any person who has received any distributive share
while it was insolvent, will be liable to the extent of the
amount received. In order to lawfully sell any units or shares,
as mineral or oil leases, the trust must have the approval
of the Florida securities commission, and those who act in
the buying and selling of its real estate, or mineral or oil
leases, must also qualify with the real estate commission.
475.01(2), F. S. This naturally discourages the dishonest
promoter, and other forms of organization appeal more
strongly to the permanent and honest developer. Joint ad-
venturers may take title in the name of one of the parties,
and such transactions are often called "syndicates," but dif-
fer from the common law trust in that the units are not sold
to the public, the group usually being small and composed
of business associates who are fully familiar with the pro-
jected enterprise. Needless to say, a business trust is not
an appropriate or convenient unit for registration as a bro-
ker, but all of those who sell its property must be registered







REGISTRATION REQUIREMENTS


as brokers or salesmen. The profits are taxable for income
taxes as though the trust were a corporation.
4.16 Unincorporated associations.-
A group of persons associated together for a common pur-
pose who are not partners, and who are not incorporated are
an "unincorporated association." Such associations do not
conduct commercial business, but often incur liabilities, as
an association of property owners in a subdivision organized
for the purpose of maintaining or promoting its beautifica-
tion, planning and maintaining parks and even performing
such functions as garbage removal. A member, in such cases,
is liable for the debts as a partner, that is, as to creditors,
each party is liable for all of the debts, but as to each other
he is responsible only for his proportionate share in accord-
ance with the agreed plan. Some associations such as church
congregations may, through a trustee or board of trustees
acquire, own and sell real estate. In such cases, the caution
that has been recommended in connection with corporations
sole and charitable corporations is strongly advised, and
such associations are not qualified to register as broker un-
der the license laws.
4.17 Trade and fictitious names.-
An individual broker may use a trade name, and if so, it
must be disclosed in a request for a certificate and be placed
upon the certificate. 475.42(1) (k), F. S. The trade name
shall not be the name of a corporation or that of another
registrant. No person registered as an individual broker
shall use the name of any partnership or corporation in his
sign or on letterheads or in advertising in such manner as
to indicate that he is operating a partnership or corpora-
tion real estate brokerage business or that he is responsible
for its operation. 475.42(1) (k), F. S. If properly identi-
fied, as such, however, the name of a partnership or
corporate owner, the property of which is being sold by
the registrant, may be used on signs, letterheads or adver-
tising. Under another law, trade-names are required to
be advertised and registered with the clerk of the circuit
court, whether used by an individual or as a firm name.
865.09, F. S. This law concerns not only real estate brokers,
but anyone doing business under a trade or fictitious name,







REGISTRATION REQUIREMENTS


not his own, and while the law has not been pronounced
constitutional by the supreme court, and there is some doubt
of its validity, at least in part, it should be complied with
until and unless it is declared unconstitutional. The actual
name of the individual is not a trade-name, and the name of
individuals, if not obscured by such words, and company,"
or "sons" or such indefinite verbiage, are neither trade nor
fictitious names.









CHAPTER V
DETAILS OF REGISTRATION AND CERTIFICATES
5.01 Obtaining registration. 5.04 Examinations.
5.02 Preliminary steps- 5.05 Nature of examination.
individuals. 5.06 Procedure after exami-
5.03 Disposition of application. nation.
5.01 Obtaining registration.-
The first step towards obtaining registration as a broker,
or salesman, is the filing of the proper application. Since the
passage of the 1957 amendment to 475.17, the initial re-
gistration of all applicants must be for salesman's registration
because no person can be registered as a broker unless he
has served an apprenticeship as a salesman. An applicant
for salesman's registration must take the salesman examina-
tion. Only a salesman who has completed his apprentice-
ship and educational course will be permitted to apply for
broker registration and the broker examination is given only
to applicants for broker registration. The apprenticeship re-
quirement, however, is not applicable to persons applying for
a non-active-broker registration status as the non-active offi-
cer, or director, of a corporation, or non-active member of a
firm. Registration and obtaining a registration certificate is not
to be confused. Registration confers only eligibility to obtain
a registration certificate, whereas, the registration certificate
itself confers the right to perform services as a salesman, or
broker. Once an applicant has been registered, he must there-
after apply for and obtain his registration certificate before
performing any service as a broker, or salesman.
5.02 Preliminary steps-individuals.-
The application of a natural person for active registration,
whether he expects to operate alone, or as a partner or with
a corporation, or as a salesman, is governed by substantially
the same rules and forms. His application must show that
he has the necessary personal qualifications, that is to say,
that he is not under disability of minority: that he is a citizen
of the United States: that he is a bona fide resident of the
State of Florida. If the application is for salesman's registra-
tion, it must also show that he has been a resident of the
State of Florida for the six months period next preceding the
filing of the application, or that he has operated exclusively







DETAILS OF REGISTRATION AND CERTIFICATES


as a real estate broker or salesman for a period of at least two 4
years next prior to filing his application in a state requiring
registration. If the application is for broker registration, it
must further show that the applicant has been a bona fide
resident of the State of Florida for a period of one year next
prior to filing the application and that the applicant has ope-
rated as a registered real estate salesman within the State of
Florida for a period of one year next prior to filing the appli-
cation and in addition, has satisfactorily completed one, or
more, of the educational courses, or its, or their, equivalent.
The application must be accompanied by the appropriate
filing fee, which at present is $15.00 for salesman, and $25.00
for broker. In addition to the foregoing, the applicant must
make it possible to immediately begin the inquiry as to
whether he is honest, truthful, trustworthy, of good character
and bears a good reputation for fair dealing, and will likely
make transactions and conduct negotiations with safety to
investors and to those with whom he may undertake a rela-
tion of trust and confidence, by disclosing his business ad-
dress, if self-employed, and the names and addresses of all
persons or firms by whom he was employed, if he was not
self-employed, during the last five years before filing his
application, and by giving as references seven reputable
persons, four of whom shall have known him for the last
five years or more before filing the application and three
other persons who are residents of and doing business in
the State of Florida, all seven of whom shall know the ap-
plicant and his reputation sufficient to attest to his character,
reputation and competence, waiving any right of action
against them by reason of their answers to inquiries pro-
pounded by the commission, and he is required to disclose
whether he has ever been convicted of a crime, or if any
criminal proceeding is pending against him, or if any judg-
ment or decree has been rendered against him in a case
wherein the pleadings charged him with fraudulent or dis-
honest dealings, or if he is now, or ever has been, an inmate
of an insane asylum, or similar institution for the treatment
of mental disabilities, or if he has ever gone under, been
generally called by, or done business under any other name,
or alias than the name signed on his application, with suf-







DETAILS OF REGISTRATION AND CERTIFICATES


ficient information to enable the commission to investigate
the circumstances.
The regulations of the Commission concerning applications
are set forth in 9.03 and in Appendix I. The term "bona fide
resident" as used in Chapter 475 and the rules and regula-
tions of the Commission, and elsewhere in this book means
resident in its ordinary legal concept. The legal residence of
an individual is determined largely by two elements: The
first being intent and the second, the place of his domicile.
The term residency is not synonymous with the words citi-
zenship, address or domicile, though the fact of citizenship,
address or domicile is some indicia of residency as being
indicative of intent. Other indicia of residency would be
filing a declaration with the Clerk of the Circuit Court, re-
gistration to vote, filing for homestead exemption, registration
of automobile, driver's license, church affiliation, filing tan-
gible and intangible tax returns, and declarations of residency
in legal documents, though none of these would be conclusive.
5.03 Disposition of application.-
When the application is received by the commission with
the proper fee, it is examined to determine whether all the
information is properly given. If in error, or if the applicant
has failed to fill out and answer all the questions, he is asked
to make correction. If he fails to make correction within
(20) days, or such further time that is granted, the applica-
tion is denied without prejudice to the making of a new ap-
plication. If the application is approved as to form, the refer-
ences are then written, and the records of the commission
which contain certain information gathered during the life
of the commission, including lists of those who have been
denied, revoked or suspended in other states, are consulted.
If the references answer favorably and the records do not
show any reason for further investigation, the application
is tentatively approved. If, however, the application and re-
port of the references fail to show on their faces that the
applicant is qualified, the application is denied without fur-
ther proceedings, as it is necessary for the applicant to make
a prima facie showing that he possesses the necessary quali-
fications. If, however, suspicious statements of some of the
references or other matters brought to the attention of the







DETAILS OF REGISTRATION AND CERTIFICATES


commission cause it to entertain doubts concerning the ap-
plicant, further proceedings on the application are suspend-
ed until a thorough investigation is made, after which the
application is either approved or "an information" setting up
charges is ordered filed and served on the applicant and he
is given at least twenty days in which to file an answer.
If the answer does not satisfy the commission, an examiner
is appointed to take and report the testimony. In such cases,
the burden is on the applicant to prove that the charges are
unfounded, because he is required by law to show that there
is no good reason why he should not be registered. Other-
wise, he has all the rights of any litigant to a proceeding in
the courts. He may appear in person, or by counsel or both,
have process for witnesses in his favor and may cross-exam-
ine those appearing against him. After all the testimony is
taken, it is filed with the commission, considered by it in the
light of arguments submitted either by briefs or orally and
the commission finally makes an order granting or denying
the application. If the order denies registration, the appli-
cant may appeal to the circuit court of the county from which
he seeks to be registered, and the losing party in that court
may ask the supreme court to review the matter on appeal.
The procedure concerning the disposition of the application
is reasonable and every applicant is given ample opportuni-
ty to show that he possesses the qualifications required by
the law in order to be registered. Time limits, however, for
each step in completing the application are given and the
applicant should, therefore, exercise care in supplying the
information required in the application form or subsequent
thereto.
5.04 Examinations.-
The tentative approval of an application, whether origi-
nally or after a trial on an information, does not necessarily
mean that an individual active registration will be granted.
Under 475.19, F. S., the applicant is required to stand an
examination. Written examination is required of all original
applicants, both broker and salesman. While the examinations
for broker and salesman are basically the same, that is to say,
they cover the same material and it is necessary that a sales-
man know substantially the same things as a broker in this
business, the broker's examination is considerably more diffi-







DETAILS OF REGISTRATION AND CERTIFICATES


cult to pass than the salesman's examination. The rules fix the
passing grade. The examination is written in ink, and care is
taken that the person who grades the paper does not know the
identity of the applicant who is identified to him only by
number. The name of the applicant is only on a slip cover
of the examination paper, and the cover and the examina-
tion itself have corresponding numbers. The examinations
contain several different types of questions. There may be
on one examination narrative, problem, multiple choice and
completion type questions, and also most examinations will
contain questions involving figures ranging from simple
arithmetic to determining amounts of acreage, interest, and
descriptions of property. The examinations over a period of
years have come to be geared to the question of whether
the applicant has a practical understanding of the material
contained in this book issued by the commission, and, con-
sequently, a practical understanding of the principles of the
real estate business, rather than a mere memory test. While
the Florida real estate license law is basically similar to li-
cense laws in many other states, the details are considerably
different. The examinations are not meant to be easy, nor
difficult, but are meant to find out whether the applicant
is competent and able to handle business deals, customarily
handled by brokers, with safety to the people with whom
he deals. This is because a loss sustained by someone deal-
ing with the real estate broker or salesman is no less a loss
because the broker or salesman attempts to show that it is
the result of either ignorance or carelessness. The questions,
therefore, seek to find out whether the applicant is familiar
with the registration and other details of the law, the tools
of the business such as the phraseology and words, together
with the various instruments that are commonly used in the
business, and whether he is familiar with the duties imposed
upon him by the laws applicable to brokers, under which he
will operate. Examinations are administered at the discre-
tion of the commission. The applicant is instructed as to
when and where he may take the examination when notice
of tentative approval of his application is sent to him. He
then has three months from the time of the notification of
tentative approval of his application in which to appear for
the examination. If he fails to take the examination within







DETAILS OF REGISTRATION AND CERTIFICATES


three months of such time his application will be denied
without prejudice, unless the Commission, within said three
months, for good cause shown, extends the time.
5.05 Nature of examination.-
The commission has no interest in the ability of the bro-
ker or salesman to sell real estate. His limitations or failure
in this regard is not a ground for denial, revocation or sus-
pension of his registration, and his ability to sell cannot be
demonstrated by his answers to questions, as his ability in
this direction will be determined by actions rather than by
words. The commission is charged with the duty of qualify-
ing applicants and excluding those who do not know the
duties that the law and practice impose upon them. It is
not sufficient to say that they can or should consult an at-
torney about these matters, as every citizen comes into
intimate contact with the law at every turn in any business,
and he has neither the time nor the money to consult a law-
yer about all his relations with others. A person holding a
registration certificate from the real estate commission is
holding himself out as an expert in the field of real estate,
and he should not only know that he must not commit
fraud, but if his knowledge is to benefit him and those with
whom or for whom he deals, he ought to know the nature of
fraud and be acquainted with some of the conduct which
has been declared to be fraud. Since he deals with contracts,
deeds, abstracts, mortgages and such in his everyday work,
he should have at least an elementary knowledge of them.
Drafting of legal instruments should be left to those who are
skilled at that work, and can be held responsible for the per-
fection or proper use of the instruments, if he assumes to
disregard this admonition. As a purely practical benefit to
the registrant himself, his knowledge of such things of which
people presume him to be cognizant in the business will be
helpful to him in his business and will engender confidence
in the people with whom he deals. The revocation or sus-
nension of registration is not the best protection for the pub-
lic, and it is much better to see that the public is not injured
through ignorance of the broker or salesman in these mat-
ters than to revoke or suspend his registration after the dam-
age has been done through such ignorance.







DETAILS OF REGISTRATION AND CERTIFICATES


5.06 Procedure after examination.-
If the applicant fails in the examination he is permitted
to file a new application immediately, though he will not be
permitted to take another examination within 4 months fol-
lowing the prior examination. The commission, under a pres-
ent rule, permits tentative approval of a second application
without further references, if made within six months after ap-
proval of the first application. The fee paid, however, can-
not be returned after it has been accepted and paid into
the state treasury because of this or any other reason unless
the commission has committed an error in its acceptance.
After an applicant has passed an examination he is served
with notice of passing and provided with a form on which
to give the commission the information necessary to set up
the registration. This instrument is called a request form
and after the information is received by the commission the
form is treated as a request for issuance of a certificate.
If some information has reached the Commission which
might cause a reconsideration of his application, there is a
further investigation of the matter, and perhaps a denial
proceeding if the facts seem to warrant it. An application
must be deemed to be under investigation or consideration
until the first certificate is issued, and the notice of passing
will state clearly that the applicant should not commence
operation until he actually receives his first certificate.









CHAPTER VI
GENERAL REGULATIONS AND PENALTIES
6.01 In general. 6.08 Connections between real
6.02 Office. estate brokers and incon-
6.03 Branch offices. sistent commercial enter-
6.04 Signs. prises.
6.05 Changes of name, address 6.09 Deposits.
and employer. 6.10 Deposits and escrows;
6.06 Advertising. statute.
6.07 False promises. 6.11 Penalties.
6.01 In general.-
After becoming registered and being in possession of a
certificate, the registrant should continue to study the re-
quirements of the law concerning his conduct in the man-
agement of his business and profession, and his duties toward
his clients and prospects. Of course, he should commence
these studies before he undertakes to pass his examination,
but he should continue to review what is written in this
volume, and all other literature on the same subject that is
available to him. The commission publishes from time to
times its rules and regulations that have been filed with the
secretary of state and are officially in force. For the most
part they are declaratory of the law, but are more detailed
than a statute of the nature of the real estate license law can
be, without undue length. Copies of these rules and regu-
lations are usually available, and many of them, or their
substance, will be found in this volume. Certain of these
regulations of what may be deemed of general importance
are found in this chapter, but while not as important as
some, they each have a reason behind them, and the proper
observance of the law is not complete without obedience to
them.
6.02 Office.-
Brokers are, at least impliedly, required to maintain an
office, and register their business address, by statute 475.01
(4), 475.22 and 475.23, F. S. The Commission has promul-
gated a rule on this subject, which reads as follows:
"315A-10.07 Office.-Each active broker is required to
have an office and the address of the office must be registered
with the Commission. The office shall consist of at least one
enclosed room or building of stationary construction wherein







GENERAL REGULATIONS AND PENALTIES


negotiations and closings of real estate transaction of others
may be conducted and carried on with privacy and wherein
the said broker's books, records, and files pertaining to real
estate transactions of others are maintained. The office may
be in the residence of the broker if not contrary to local
zoning ordinances. Salesmen are not required or permitted
to have an office, but must be registered from, and work out
of, an office maintained and registered in the name of the
employer. No broker shall maintain his office in, or in prox-
imity to, any law office or the office of any member of a
profession that prohibits its practitioners from advertising
or using another business or profession as a feeder of business
thereto."
6.03 Branch offices.-
Whenever a broker maintains a branch office, he is re-
quired, by 475.24, F. S., to register it. The rule of the Com-
mission with respect thereto is as follows:
"815A-8.01 Registration required. Every registered
broker who desires to conduct brokerage transactions at any
other place or places than the principal office registered with
his own registration, he shall annually register, and receive
a certificate for, each of said branch offices. A mere tem-
porary shelter on a subdivision being sold by the broker for
the convenience and protection of salesmen and customers
and at which transactions are not closed and salesmen are
not permanently assigned there, is not deemed to be a branch
office. The permanence, use, character of activities custom-
arily conducted at the office or shelter shall determine wheth-
er it must be registered.
"315A-8.02 Certificate not transferable. If a broker
shall close a branch office, and at about the same time estab-
lish another at a different location, the registration and cer-
tificate of the office so closed may not be transferred and a
certificate reissued for the new location for the remainder of
the license year. Such new location is a new branch office
which must be registered and the fee paid as though the
other had not been closed. The broker may, of course, re-
open the first office at any time during the license year with-
out re-registering it or paying an additional fee."
"315A-10.08 Branch offices. If a broker desires to con-
duct business from more than one office, each additional







GENERAL REGULATIONS AND PENALTIES


office must be registered as a branch office, and the fee
must be paid for its registration, in all cases where the
broker shall display his name or advertising in such a
way as to lead the public to believe that he maintains a prin-
cipal office elsewhere in the state. In case of doubt, the com-
mission is authorized to determine whether the public inter-
est requires the registration of a branch office. Salesmen
should register from the branch office if they regularly work
out of, or report to, that office. If they work out of the branch
office only occasionally, or their connection with a branch
office is temporary, they should be registered from the prin-
cipal office. A branch office certificate may not be reissued
to a new location."
6.04 Signs.-
A broker is required by statute to maintain a sign on or
about the entrance of his principal office and each branch
office, of such form and minimum dimensions as shall be
prescribed by the commission, 475.22, F. S. Accordingly the
commission has enacted the following rule:
315A-10.09 Signs.-All registered real estate brokers,
holding an active certificate, except those registered as offi-
cers or directors of a corporation, or who have temporarily
retired from active business, shall erect and maintain a sign
on or about the entrance of their principal office and all
branch offices, which sign shall be easily observed and read
by persons about to enter any of said offices. Every such
sign shall contain the name of the broker, together with his
trade name, if any, and if a partnership or corporation, shall
contain the name of the firm or corporation, and the names
of all active members of the partnership or all active officers
of the corporation, beneath which name shall be the words
"Registered (or Reg.) Real Estate Broker (or Brokers),"
all in letters not less than one inch in height. If the broker
so desires, the names of salesmen may be placed below or
nearby, or at any place except between the name of the
broker or brokers and the description as registered broker
or brokers. The broker may caption these words by the
word "Salesmen" or "Associates" or any other word indicating
that they are not brokers or members of the firm or corpora-
tion, and in all cases a line or observable space shall sepa-







GENERAL REGULATIONS AND PENALTIES


rate the names of the brokers from the salesmen.
6.05 Changes of name, address and employer.-
In order to properly perform its duties, it is necessary that
the commission at all times have the correct name and ad-
dress of all registrants, and the name and address of the
employer of salesmen. See 475.01(5), 475.23, F. S. When-
ever there is any change in these important matters, a. new
certificate is issued upon request, and the payment of the
statutory fee. The following rules are applicable:
315A-9.01 Change of Address.-When a broker
changes the address of his principal office, he shall file a
form furnished by the commission showing the old and new
location, pay the required fees, and surrender the old cer-
tificate, unless it is lost or destroyed. It is his duty, as well
as the duty of the salesmen, to have their certificates sur-
rendered. Partnerships and corporations are required to fol-
low a like procedure, and are charged with the duty of hav-
ing all partners, officers, directors and salesmen surrender
the old, and apply for the new, certificates. Changes of ad-
dress are not required from one building to another in rural
communities, or small towns where houses are not num-
bered, or the names of streets commonly known, unless the
post office address is changed, or the office is moved to a
different county.
315A-9.02 Change of Name.-If the registrant changes
his or its name, or trade name, the old certificate shall be
surrendered and a request for a reissuance of the certificate
shall be filed, and the certificate shall be reissued without fee.
315A-9.03 Lost or destroyed certificates.-If any cer-
tificate (including certificates for branch offices) is lost or
destroyed, a new certificate shall be reissued without fee.
In such case, the registrant shall file an affidavit stating that
the old certificate has been destroyed, or that, after diligent
search had been made, it is not to be found. It shall be
deemed to be a violation of these rules and regulations for
any false affidavit concerning the reissuance of a certificate
to be made, or for any such old certificate, if found, to be
used, or permitted by the registrant to be used, for any pur-
pose, other than to deliver it to the commission.
315A-9.04 Change of employer by salesman.-If any
salesman or broker-salesman shall cease to be employed by




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