Why can't everyone just get along

Business sales: commerce exchanged. content for money.

that's all.

Distinguish among agency relationships in general business dealings:
recognize or treat as different a business or organization established to provide a particular service affecting all or most people as regular occupation business or transaction.

there is a law for agency. an agency is created when a person delegates another person to work on his/her behalf. like an associate going into a broker an agency relationship is created. this relationship is governed by a law called the law of agency which is the body of law which the agency relationship falls under. in order to live within the law, 3 need to be paid attention to mainly, common, statutory and administrative. common; occurring, found, or done ofter. statutory; required, permitted, or enacted by statute. administrative; relating to the running of business. common law is the unwritten law that is custom and written by judges in case law. common law moved here from England. this common law was accepted and stated that all servants must be loyal to their masters. later on, common law turned into agency law. and i have no idea what agency law means. common law
noun
the part of English law that is derived from custom and judicial precedent rather than statutes. Often contrasted with statutory law .
• the body of English law as adopted and modified separately by the different states of the U.S. and by the federal government. Compare with civil law .
• [as adj. ] denoting a partner in a marriage by common law (which recognized unions created by mutual agreement and public behavior), not by a civil or ecclesiastical ceremony : a common-law husband.
• [as adj. ] denoting a partner in a long-term relationship of cohabitation.

common law

Judge-made law manifested in decrees and judgments of the courts (case law) as opposed to statutory law.

statutory law is written in legislature -- chapter 475 and 455 - licensing law contributes to chapter 475 and 455 and is part of license law and statutory law. statutory |ˈsta ch əˌtôrē|
adjective
required, permitted, or enacted by statute : the courts did award statutory damages to each of the plaintiffs.
• (of a criminal offense) carrying a penalty prescribed by statute : statutory theft.
• of or relating to statutes : constitutional and statutory interpretation.
DERIVATIVES
statutorily |-ˌtôrəlē| adverb

statutory law

Written statutes and rules enacted by the legislature.

Administrative law; created by administrative agencies in forms of rules, regulations, orders, and decisions. chapter 475 gives the frec the power to oversee real estate in Florida.

administrative law

Body of law created by administrative agencies in the form of rules, regulations, orders, and decisions.

agency laws, real estate laws, frec rules, affect relationships between licensees, buyers, sellers, and the public. So you have a principal real estater who is in charge of an agent, and then you have people who deal at arms length. people who deal at arms length are opposite of those dealing with fiduciaries. Fiduciary is much more trustworthy and guaranteed fair. An at arm's length can be compared to a caveat emptor -- beware. Attorney (agent) client (principal) -- is the extent of this fiduciary or at arm's length? So you have a universal agent who can make decisions, then you have a general agent who can oversee decisions but not make them, then you have a special agent who can deal with 1 thing and decide on 1 thing.

• universal: power of attorney
• general: property manager
• special: CPA

SO the Brokerage Relationship Act was created to let people know who the buyer was and who the seller was. So there's three way to slice this pie: there is a broker working as a buyer and seller, a broker working with one or the other, and a broker facilitating the exchange.

• Transaction broker: buyer and seller
• Single agent broker: buyer or seller
• No broker: facilitator
• transaction both, single 1, no none

A for sale by owner may want the brokerage to handle the paperwork. The FSBO wants to represent the place and meet the buyer. Hence, a no broker relationship is the title. Dual agent is illegal. Fiduciary bond is created in a single agent deal -- no one can be a seller and buyer fiduciary. It is against the law. When you try to do both you are a dual agent and are illegal.

dual agent

A broker who represents as a fiduciary both the buyer and the seller in a residential real estate transaction; dual agency is illegal in Florida.

fiduciary

Occurs when a broker is in a relationship of trust and confidence with the broker as agent and the seller or the buyer as principal.

There are legal provisions that apply only to residential real estate transactions: residential:
A provision is a clause in the law.
Chapter 475 mandates the provisions and laws in real estate transactions. There are a certain few that apply particularly to real estate. You have to disclose things in residential real estate that you don't have to in others.
RESIDENTIAL: is the sale of 4 or fewer units that were improved, 4 or fewer units that were unimproved, and 10 or fewer acres of agricultural land.
A residential disclosure does not need to be stated in a nonresidential transaction, a rental unless the rentee decides to purchase less than 4 units and improve them, an auction, an appraisal, "dispositions of any interest in business enterprises or business opportunities, except for property with four or fewer residential units." what does that mean?

5.

final settlement of a matter. so, in business less than 4 residential units. so in a real estate residential business enterprise transaction you don't need the disclosure if it's less than 4 residential units. If you enter in a transaction broker relationship where you trust the broker to be the seller or buyer, then you need no disclosure. There are disclosures that need to be stated under residential real estate provisions in chapter 475.

Describe the duties of a transaction broker:
You are a transactional broker unless specified as a single agent or a no brokerage relationship. So a transaction broker can represent buyer and seller but can't enter into a fiduciary relationship with both. "

transaction broker

A broker who provides limited representation to a buyer, a seller, or both in a real estate transaction, but who does not represent either party in a fiduciary capacity or as a single agent.

In a transaction the buyer or seller is a customer and not a principal. The customer is not responsible for the acts of a licensee. 

Chapter 475 says that a customer may not be represented by a broker in a transaction.

customer

A member of the public who is or may be a buyer or a seller of real property and may or may not be represented by a real estate licensee in an authorized brokerage relationship.

A customer chooses limited representation. You may enter into a transaction relationship with a buyer and seller in real estate if both are you customers.

The transaction broker who represents on a customer basis are 7:

1. Deal honestly and fairly. Licensees owe good faith and honesty to customers. Anything the broker says hold her accountable.

2.  Account for all funds. Transaction money is considered a trust fund/escrow fund. Money entrusted to a broker is separate from broker funds. Broker can't touch trust/escrow money until the transaction is over. Keep records and report to the DBPR: book, account, record... chapter 475 says what you have to do.

3. Use skill, care, and diligence. HIV must be disclosed: federal fair housing act. Broker be informed of zoning. Homicide, suicide, death disclosed. Although, it is your choice to disclose.. you will not be reprimanded for not.

4. You must disclose all material facts: cracks, leaks.

5. You must disclose offers and counteroffers even if in contact.

6. Exercise limited confidentiality unless waived in writing. Never say you will pay more or take less. Never say why you are selling. That you will agree to alternate financing terms, or any other information asked to remain confidential.

7. Don't go too far in representation. You must not pass your scope of "customer" limited relationship... You can not get into a fiduciary relationship. 

1.

Law. a person to whom property or power is entrusted for the benefit of another.

adjective

2.

Law. of or relating to the relation between a fiduciary and his or her principal:

a fiduciary capacity; a fiduciary duty.

3.

of, based on, or in the nature of trust and confidence, as in public affairs:

a fiduciary obligation of government employees.

4.

depending on public confidence for value or currency, as fiat money.

 

You cannot promise complete allegiance to a customer. You must be fair on the playing field.

 

Transaction  without fiduciary: you can not demand undivided loyalty from a licensee. Limited representation allows licensee to facilitate a real estate transaction between buyer and seller.

 

No brokerage:

deal honestly and fairly, disclose all known facts that affect residential property, account for all funds.

Transaction:

deal honestly and fairly, disclose all known facts that affect residential property, account for all funds, use skill, care, and diligence, present all offers and counteroffers, exercise limited confidentiality, perform additional duties that are mutually agreed to.

Single agent:

gloves come off, you are cold. deal honestly and fairly, disclose all known facts affecting the residential property, account for all funds, use skill care and diligence, present all offers and counteroffers,  Confidentiality, Obedience, Loyalty, Disclosure (full).

 

Single agent relationship

Their are duties single agents have to their principals. A seller or buyer may want to be represented by a real estate broker. A broker is a single agent representing the seller as a fiduciary in selling or a fiduciary for buyer in buying. Florida real estate license law defines single agent as:

single agent

A broker who represents either the buyer or the seller (but not both) and has a fiduciary relationship with the party represented.

A single agent has to rep. one or the other. A transaction can represent both limited, or provide a transaction space but do no brokerage. In a single agent, the broker is the agent and the buyer OR seller is the principal. The "principal" is who the party is with the agent. A subagent assists the agent in a single agent transcation:

subagent

A person authorized to assist and represent the agent and whose duties are delegated by the original agent. Subagent has the same duties. Associates (both broker and sales) are subagents for the broker's principals. Associates owe the same fiduciary duties to the principals as the broker. You really have to like the broker or the associate. An associate can be an employee or a contractor but still has fiduciary duties. Which title is for tax purposes. 

Single agent has 9 duties as opposed to 7.

1. Deal honestly and fairly. 

2. Loyalty. An agent cannot breach the duty of undivided loyalty to the fiduciary. The agent cannot act contrarily to the interests of the principal. Principal means to make his or her priorities more important than anyone else's. Loyalty is faithfulness. A broker or anyone else cannot profit at the expense of the principal, it is court ordered (case law). 

-Obtain the best price, act on behalf, not acting for parties with adverse intentions, never concealing the identity of the purchaser in order for the principal to sell (real estate seems like a shady business)... those who have gone before... what did they do?, disclosing to the agent if the agent becomes personally interested in the principals property, never advancing the agents interest at the expense of the principal.

3. Confidentiality. keep your mouth shut, plainly. a secret is a secret.

4.

1. Confidentiality. Much of the information a broker gains while employed by the principal is confidential. An agent may not reveal to a third party, without the principal's permission, personal or private information that might lessen the principal's bargaining position. For example, a licensee may not tell a buyer that a seller is forced to sell owing to poor health or loss of a job without the principal's permission. Brokers may not divulge confidential information learned during the course of the single agency even after the transaction is concluded and the agent-principal relationship is ended. A broker is never free to use confidential information to the disadvantage of or reveal any harmful or unfavorable information about a former principal.
2. Obedience. An agent is obligated to act in good faith according to the principal's lawful instructions. The broker-agent is at all times obligated to act in conformity with the principal's instructions as long as those instructions are legal and relevant to the contractual relationship. If a broker feels that carrying out the principal's legal directions will harm the principal, then the broker must promptly inform the principal of all known facts along with the broker's opinion. However, if the principal will not change the instructions, the broker must either carry them out or withdraw from the relationship. 

You must go along with what your broker wants or else you will breach the fiduciary duty you offer as a single agent to a party. A broker may not violate the law for the principal.

5. Account for all funds and record, book keep, for the DBPR.
6. Full disclosure: let it all out.
7. Skill, care, and diligence in the transaction:

1. Skill, care, and diligence in the transaction. A broker's obligations extend beyond merely selling a listing or locating a suitable property for a buyer. A real estate broker holds himself or herself out to the public as specially qualified by reason of experience, ability, and knowledge. If a broker's principal is a buyer, then the broker should attempt to obtain the property at the lowest price possible. If the broker's principal is a seller, then the broker should try to get the seller the most favorable price. This includes researching a property thoroughly to advise the seller of a reasonable listing price. Brokers should discuss with their principals any anticipated tax consequences and advise them to seek expert tax advice when appropriate. The duty of using skill, care, and diligence does not end with the signing of a contract. It continues via numerous services by the agent until the transaction is closed. If an agent does not perform with the required degree of skill, care, and diligence, the agent becomes liable to the principal for the damages the principal may have sustained and may be disciplined by the FREC.
2. Present all offers and counteroffers in a timely manner. See Topic 4.4: Transaction Broker Relationship for explanation.
3. Disclose all known facts that materially affect the value of residential real property and are not readily observable to the buyer. See Topic 4.4: Transaction Broker Relationship for explanation.

if the broker wants to purchase the principal property the bond must be broken and all information disclosed immediately. Broker for buyer, obtain lowest price possible.  Broker to seller, get most favorable price. Discuss tax consequences and research to find favorable listing price. Counteroffer: an offer made in response to another.
to the buyer. See Topic 4.4: Transaction Broker Relationship for explanation.
The nine duties listed above apply to all real estate transactions (residential and otherwise) when the parties have agreed to a single agent relationship (see below).

Transaction relationships, broker can rep buyer and a no brokerage for the seller. Cannot represent the buyer as a single agent if the broker has a transaction relationship with the seller. Broker is single agent for seller > no brokerage for buyer. Transaction for buyer > no brokerage for seller. Single agents only have to follow 4 more things than transaction agents: COLD - confidentiality, obedience, loyalty, disclosure.

Then, there's the no broker relationship. Purpose, duties, and requirement of a no brokerage relationship disclosure. In a no brokerage relationship you must deal honestly and fairly, disclose all known facts that materially affect the value of the real property not readily observable...and account for all funds.
Transaction broker not in a fiduciary relationship works with a customer.
No brokerage broker not in a fiduciary relationship works with a customer.
Single agent works with a fiduciary in a principal relationship. Relationship must be identified, agreed upon, and signed before showing the property. Write down everything that happens, like if a buyer or seller refuses to sign a disclosure statement.
"Under Florida law, it is presumed that all licensees are operating as transaction brokers unless another brokerage relationship is established. Therefore, there is no requirement to give a written transaction broker disclosure notice to the buyer and/or the seller." -- that's no fun.

There are 6 situations under the real estate license law that do not constitute a brokerage relationship:
1. When the licensee knows the single agent or transaction broker represents a prospective seller or prospective buyer.
2. during an open house when confidential info not exchanged
3.  casual encounters that do not illicit confidential info. negotiations concerning price, terms, and conditions of a sale.
4. when responding generally to an ad of property for sale.
5. General facts and negotiation terms.
6. let potential buyer know agent is acting on behalf of owner.
"If during any of the situations described above, a member of the public begins to provide confidential information or begins to negotiate concerning price, terms, and so forth, the licensee would at that point present the person with the appropriate disclosure notice depending on the circumstances and desire of the parties." When buyer turns from potential to serious a contract enters and is signed.
"The statement is true. If the disclosure document is incorporated into a listing or buyer broker agreement, a signature line must be inserted immediately following the disclosure information. It is not sufficient to only have a signature line at the bottom of the listing or buyer broker agreement."
"The statement is true. The duty to disclose all known facts that materially affect the value of residential real property that are not readily observable to the buyer is a single agent duty, a transaction broker duty and a no brokerage relationship duty."
Transition to another relationship:
change, passage, move, transformation, progression.
Transition from a single agent (fiduciary) to a transaction broker (customer). 
You can change as long as you give consent (agree, accept, approve). The change of relationship must be in writing and can happen at any time. Chapter 475 sets this rule and the principal buyer or seller must sign or initial the consent. The broker has to keep acting as a single agent if the principal will not sign. Disclosure notice paper requires the buyer or seller to sign. It's called a consent to transition. A firm represents a person as a single agent. Then a person comes in to the firm to find a purchase. This is the only firm the person visits. He wants that and only that firm to represent him in buying a home. So he wants a single agency. So he has to sign a single agent agreement before the finding can begin. A single agent sale cannot coincide with a single agent buy. An illegal dual agent is created if the firm enters a dual agent by ficuciaring buyer and seller. If the house want to be purchased, a transaction relationship must be entered.

designated sales associates

Two real estate licensees from the same brokerage company designated to represent the buyer and the seller as single agents in nonresidential transactions.

 

Real property vs. nonresidential. (not requiring or providing facilities for people to live on the premises)... containing or suitable for commercial premises rather than private houses. Keep both your successful files (sold) and dead files (failed to close).

 

Actions that will terminate an agency:

Action: the fact or process of doing something, typically to achieve an aim. 

Terminate: bring to an end.

Relationship is terminated when the transaction broker or single agent broker objectives have been accomplished according to the terms of the contract that created the relationship. A principal can break the single agency if any fiduciary responsibilities are breached which include:

Fulfilling the brokerage relationship (finding a ready, willing, and able buyer), parties mutually agree to terminate the single agent relationship, terms of the agreement expire (after a reasonable time), broker renounces (formally abandons) the single agency relationship by giving notice to the principal or notice to the transaction broker customer, principal revokes (puts an end to operation of) single agent or customer revokes transaction broker (in which case the principal or customer may be liable for damages such as advertising costs, travel expenses, research, etc), seller or broker dies, buyer or buyer broker dies before finding a suitable property, property is destroyed or condemned by eminent domain: eminent domain
noun Law
the right of a government or its agent to expropriate private property for public use, with payment of compensation, or the principal or customer goes bankrupt.

 

https://www.google.com/maps/place/Pinnacle+Realty+Group/@28.0332357,-82.6477003,11z/data=!4m5!1m2!2m1!1sREALTOR!3m1!1s0x0000000000000000:0x0da9c168237bd387 What I want. 

 

 

 

 

 

JUST DO IT ANYWAY BUT FOLLOW THE RULES

Real estate regulations: when you pass the exam your initial licensing period starts and expires either march 31 or September 30, the reason being within 24 months is given but not exceeded when given the license to practice real estate. You must get at least 18 months of practice but not more than 24. Then, you have to renew your license. So, if I get my license July 25, 2013 then my expiration date will be... 24 months after July 25 2013, is 2015.... over 18 months going to be March 31, 20whatever. "March comes before July, so the expiration date closest to July 25, 2015, but not past July 25 must be March 31, 2015. (September 30, 2015, is after July 25, 2015.) March is four months prior to July, so this licensee will have approximately 20 months of licensure (24 months minus 4 months). Thereafter, this license will always expire every two years (biennially) on March 31." 9/30 and 3/31. Your effective date changes to broker when you get a broker license. So if sales associate expired biennially on March 31, then your broker license might fall into the September 30. Renewing the license: You get an expiration notice in the mail from the DBPR. You'll either get it in the mail or in the email, which is why it's important to keep your record up to date. Complete your post license courses before first renewal. After post education is renewed, license renewal issued then 14 hours course work needed and approved. To renew, you must submit a renewal application and pay a biennial fee. A licensee active in the Armed Forces is exempt from renewal provisions during active duty and 6 months after. Also, your spouse gets it too. If you are gone, she is exempt. If you just got back, you have 6 months. It applies only if you're not brokering. A spouse from out of town married to an active duty can get temporary license in FL which lasts for 6 months and can't be renewed.

LICENSE CLASSIFICATIONS
There are various license classifications.
A vs NA. Active license is required to practice real estate AND gain a commission. Active license required to engage in brokerage services.

active license

The status required to engage in real estate services. Sales associates achieve active status by finding an employer and registering with the DBPR under the employing broker or owner-developer. To be active you must find an employer like a broker or owner developer and work for 24 months, then apply for the brokerage license. And registering DBPR. Licensees who choose not to find an employer get an inactive status. You must maintain your license to keep it. You can either voluntarily give it up or involuntarily give it up. One is chosen, one is forced. VOLUNTARY: meaning you are inactive because of request for a given amount of time.

voluntary inactive

The license status that results when a licensee has applied to the DBPR to be placed on inactive status. To turn your inactive into active as you requested you can submit a form to the DBPR. (maybe you don't want to pay your fees?) Then you have to request an active license with a broker or developer. Continuing education and paid fees have to be recorded before activation. An unrenewed license turns involuntary inactive after the activation has passed, unless you are first getting your license and don't pass the post licensing tests. Involuntary inactive goes into play when the licensee fails to renew the license in the renewal period.

involuntary inactive

The status that results when a license is not renewed at the end of the license period. In an involuntary inactive license after 2 years the license becomes expired. The licensee must complete continuing education and renew the license. The DBPR will notify 90 days prior. Once a license becomes void, the 63 hour ed kloper course must be re-completed, and the state exam must be re-passed. This FREC test must be within 2 years. If license inactive for less than 12 months (including 12 months) you may get your license back by completing 14 hours of continuing education. If license is inactive for more than 12 months but less than 24 months license required to complete a 28 hour commission education course. If a broker's license is suspended or revoked the sales associate license will be involuntary inactive status because sales associate cannot practice without broker, just like cannot be compensated for real estate without under a broker or an owner developer. As soon as a new employer is on board, the information is filed with the DBPR and the license is back to active.

A license can become null and void, and no longer exist.

null and void

The license status when a sales associate has failed to successfully complete post license education prior to the first renewal of the license or when a licensee has failed to renew two or more renewal cycles; the license status has been involuntary inactive for more than 24 months.

Licenses become null and void when:

License has been involuntary inactive for more than 2 years. The DBPR and FREC will just forget all about you. A license is revoked following a disciplinary hearing. Revocation is a permanent penalty and license is put out of real estate forever. There are two exceptions for permanent revocation: a sales associate license may be applied for after 5 years. A licensee filed for renewal but did not comply with continuing or post education requirements prior to education date. Or the licensee filed with fraudulent information. A person wishing to no longer participate in real estate can voluntarily relinquish the license: 

voluntarily relinquish

The licensee requests that the DBPR cancel the license. The DBPR will accept a licensee's request to voluntary relinquish a license, provided there is no investigation or discipline pending against the licensee. The licensee sends written communication to the DBPR indicating that the licensee is retiring or no longer desires to be licensed. that is so your license is not involuntarily inactive or revoked. A licensee decides to cancel

cancel

A license ceases to exist, effective as of the date approved by the Commission, and does not involve disciplinary action. -- you cannot go around the DBPR and cancel your license if the DBPR is already investigating you and brought up revoking your license in the first place. A license is cancelled once the note of voluntary relinquishment has been received.

All my notes were lost, that's fine. Just look back at the key points at the end of unit. An ineffective license exists but cannot be used. Ineffective (unsuccessful). Here how a license can become ineffective: get licensed but then requests voluntary inactive (ineffective). No renewal -- involuntary inactive -- ineffective. Broker suspended or revoked, associate ineffective. Void/revoke. Suspend/ineffective. Discipline turns into suspension -- ineffective. Cease to be in force:

cease to be in force

When certain events occur, such as a broker changing a business address, the licensee cannot conduct business until the DBPR receives notification of the change. (Also, cease to be in effect.)... cease: come to an end... Sales associate changes brokers, in between license ceases to be in force and real estate cannot be practiced. Once new registration DBPR and new employer, license active. 10 days to notify commission if change of address, pay a fee to move, frec approval, dbpr approval, associate or instructor changes employer. dbpr and frec tell you who you can work for. frec disciplines you if you pass 10 days of notification. Failure to notify results in involuntary inactive and you can't practice. You can't practice unless under a broker as a sales associate and you can't practice unless approved by DBPR and FREC.

License portal online service: DBPR database of all licensees and as primary status and secondary status: chief importance, coming after, less important than. Such as current/active. Current up to date (timely renewal). Active: allowed to operate. 

Cool link with DBPR news: http://www.myfloridalicense.com/dbpr/re/frec.html

You can conduct a license search to see status of license. Check status with broker all the time. A status can say probation/active. Prob: release of offender from detention, subject to period of good behavior under supervision. Department can place on probation. Prob/active means disciplined but can still practice. Current and probation are the only two meaning allowed to operate. Status can be involuntary active/inactive. Inactive would mean not timely renewal. Secondary is not automatically changed (working by itself with little human control)... it is manually updated. Look at primary (current or probation) first, then secondary. If involuntary inactive is primary then cannot operate.  Status can be null and void. Null and void can be primary and license was not renewed. Involuntary inactive is over 24 months no attention then null and void. Another application would have to be made. Secondary is gone when you see null and void. There is no link to the database. 

You can update the status online in 2 ways, inactive to active means you find work, then broker adds associate to roster in web portal. current/inactive will change to current/active. when broker changes status in portal person associated changes too. or you can go to the dbpr processing unit re-11, licensee and broker have to sign, there is an internal licensing system inside the system. 

https://www.myfloridalicense.com/wl11.asp L licensee search

name, license number, city or license type.

multiple licenses are issued to a broker holding more than 1 license. a broker can hold more than 1 broker license. only if harm is not caused to anyone. associate can have only 1 broker at a time. sales associate and broker associate cannot hold more than 1 license. ohh, multiple broker license (business license) means amanda's brokerage and panda's brokerage.

a sales associate and broker associate can get a group license.

group license

Issued to a sales associate or broker associate employed by an owner-developer (real estate developer) who owns properties in the name of various entities. A group license entitles the licensee to work for the separate sales projects owned by the owner-developer. if an owner-developer owns with a sales or broker associate a group license can be issued. owner-developer sends written statement to dbpr with all names owned, and the sales associate can sell for all the entities.  owner no need for license if only selling own property. developer get s a pseudo number not a license number. pseudo: not genuine; sham. the associates register under the developer pseudo number. the dbpr re-11 completes the group license by owner-developer and associates. associate name and license number, then owner name, pseudo number, and business address. associate doesn't carry a group license over anywhere. sales associate can have an employer and a license. 

you must register and receive a permit to teach real estate. college classes do not receive a permit but have to correspond to the frec material. frec has to approve the college courses or the student is not exempt from course 1 and course 2 and is never exempt from the state exam.

"Proprietary schools of real estate are prohibited from advertising or making representations that are known to be false, inaccurate, misleading, or exaggerated. The content of advertisements must conform to specified guidelines. A proprietary real estate school may not promise or guarantee employment or placement of a student or prospective student on the basis of training to be provided unless the school actually offers the student a bona fide employment contract." a school's permit can be suspended for lying and:
read at the beginning of each course, the following statement: "Recruiting for employment opportunities for any real estate brokerage firm must be accomplished outside the prescribed classroom instructional time. Noncompliance should be reported to the Commission." lol "
A school permit may be suspended for:

• guaranteeing that students will pass a state examination;
• offering a refund to students who fail;
• representing that a state agency endorses the school;
• obtaining a list of questions that appear on any state examination;
• representing that the school or an instructor has obtained questions from such an examination; or
• furnishing anyone, student or otherwise, questions purported to be from a state examination."

A proprietary real estate school may guarantee employment of a student or prospective student on the basis of training to be provided so long as the school offers the student a bona fide employment contract. Get that right.

 

Out of the thorns and into the vines. Somewhere over there, there is a vineyard.

License Law Administration

Feb. 18 "it's not going to work out"

The Florida Real Estate Commission composition and powers.

• license requirements
• active and inactive status
• license activation
• void and ineffective licenses

So you have:
- Active license: one which is active, in good standing, continuing education 14 hours fulfilled
-Address of record: your address is recorded with the State
-Cancel: to X out, call off, abandon
-Cease to be in force: come to an end
-Current mailing address: residence where you currently live
-Executive: having the power to put out plans, actions, or laws into effect.
-Group license: share common beliefs. a permit from an authority to own or use something, do a particular thing, or carry on a trade.
-Ineffective: unsuccessful, unproductive, purposeless
-Involuntary inactive: done without conscious control. inoperative, nonfunctioning, idle
-Ministerial duties: relating to a government minister. duty: a moral or legal obligation; a responsibility.
-Multiple licenses: involving several parts... a permit from an authority to do something
-Null and void: having no legal or binding force. not valid or legally binding.
-Promulgate: promote or make widely known.
-Quasi: combining form...
-Quasi-judicial:
The action taken and discretion exercised by public administrative agencies or bodies that are obliged to investigate or ascertain facts and draw conclusions from them as the foundation for official actions.
-Quasi-legislative:
The capacity in which a public administrative agency or body acts when it makes rules and regulations.
-Voluntary inactive: done, given, or acting on one's own free will. idle, out of service, not in use.
-Voluntary relinquish: done, given, or acting on one's own free will. voluntarily cease to keep or claim; give up.

Florida Real Estate Commission 

Composition and Member Qualifications
What FREC is comprised of and pre-requisites to being a member

The FREC protects the general public by regulating real estate brokers, brokerage firms, broker associates, sales associates, and real estate schools and instructors. The FREC also makes the schools and permit holders. The FREC also regulates proprietary real estate schools and noncredit FREC courses in colleges, universities, community colleges, and area technical centers. The FREC looks to protect the public buyers from real estate people incompetence.
Who is the FREC? The FREC is a 7 member who regulate all the things spoke of before. There are two consumer unlicensed members who have never been brokers or associates, then there are 4 active within 5 year brokers, and 1 active sales associate or broken licensed under 2 years. The governor appoints these 7 members to 4 year terms. You cannot be in the FREC for more than 8 years, 2 terms, like the President. Each member is subject to governor confirmation, not DBPR confirmation. The only person that regulates the 7 person Commission is the governor. If you are one of the 7 you are exempt from civil liability. What is civil liability?
n. potential responsibility for payment of damages or other court-enforcement in a lawsuit, as distinguished from criminal liability, which means open to punishment for a crime. So you cannot be charged for a crime while you're in the 4 or 8 year FREC Commission. At least one of the 7 must be over 60 years old.

-One of the 7 are not salaried but are paid $50 every meeting or Commission related activity; also, the fees incurred  for traveling to meetings are reimbursed as well as expenses for official activities. Also, Commission business (paid for) outside Florida must be approved by the DBPR secretary, who I believe right now is Ken Lawson, and the Governor is Rick Scott.

-FREC meetings are held each month ($50 month), the quorum must be 51% or 4 of 7 members for the meeting to be in session/conduct official business. One meeting is an "annual meeting" in which 1 chairperson elects chairperson and vice chairperson. 

The Commission has general powers and duties:

Power: the ability to do something in a particular way
Duty: a responsibility; a moral or legal obligation

Three areas of responsibility:
Executive power to regulate and enforce the license law are delegated to the Commission by the Legislature. 
Quasi-judicial: the power to revise and enact administrative rules and regulations to interpret questions regarding the practice of real estate.
Quasi-legislative: ...
Executive - regulate and enforce license  law
Q judicial: grant or deny application, determine law violations, administer penalties
Q legislative: power to enact and revise administrative rules and regulations and interpret questions regarding real estate practice.

I think anyone who comments negatively on the American Sniper is anti-American. How can someone say that Chris Kyle was not of any use to anyone, and any movie portraying him is an automatic 5 stars/2 thumbs up because to be so courageous is enough to be at the top. He is my personal hero. He is an American hero. I think I'm starting to learn what an American Hero means. I am so tired of people not having the same American Spirit Chris Kyle had. What would we do if our country just disintegrated into smithereens? Where would everyone go? What would everyone do? It's a painstaking question. It's not as if the American Soil we live on was issued as a gift. It was paid at a price. It is freedom, the Statue of Liberty, Ellis island, every city, every town, every home. It's a way of living. It's waking up in the morning with the shades open just as much as you want. It's having the newspaper arrive on your doorstep because you paid for it, and believe in it, not because someone forced it down your throat. American is Chris Kyle. America is a choice to do the right thing. To be a hero, or a coward. To run away and hide, or to stand side-by-side and fight. This country was founded on self-government. This country is ruled by a shared blessing of liberty to all born here. Although some my have passed before me, they are still with me today, in my release, in my happiness. What a wonderful life I have seen in Chris Kyle. Thanks. What a private warrior, an an accredited protector.

Ok real estate license and law:
So, the Commission has certain powers and rules. As such, they have executive, quasi-judicial, and quasi-legislative. 
Broken down:
Executive means the power to regulate and enforce the license law which is passed down from the Legislature to the Commission FREC, to the associates.
Quasi-judicial means the power to grant or deny license applications, to determine license law violations, and to administer policies.
Quasi-legislative means the power to revise and enact administrative rules and regulations and interpret questions regarding the practice of real estate.
The FREC does certain things to remain official, such as:
Adopting a seal to adfix to documents making them prima facie legit. Then you have the fostering of education of licensees and applicants which entails the brokers, broker associates, and sales associates in legal ethical and business principles. And mandates the post and continuing education. They also make determinations of violations. Any known criminal activity against chapter 475 is reported to the state attorney. Division of Condos, timeshares, and mobile homes must be notified by the FREC when disciplinary action taken against licensee. They regulate professional practices like issuing an EDO for determining if escrow money deposited correctly when the broker asks. Also, the Commission makes the brokers keep solid records of money deposits, checks, and pending money in the escrow account. The Commission makes and passes rules and regulations. They promulgate rules and enforce the Florida Statutory laws. Promulgate is a vocab word meaning to enact and publish rules and regulations. The C (C commission from here on out) establishes fees to be paid, by licensees by checking on the revenue and then checking how much they need to keep enacting the laws they make. The purpose of the C is to maintain the welfare and happiness of the public in general practices of real estate. Was there a Jesse James of real estate or something? All these laws coming in to play now from unlawful acts that have passed?

 
They grant and deny applications for real estate license. Applicant must be qualified in order to be licensed. They can suspend or revoke your license. Kind of like the D.O.T. can suspend a license, called a driver's license. Be safe behind the wheel! Real estate license vs. driver's license. I guess this school is kind of like the driving test. You have to pass the test before you can drive on your own. You have to pass the test before you can practice real estate. And then keep studying, and keep driving. I love correlations. F.R.E.C. Florida Real Estate Commission. They can also impose fines, like the D.O.T. maybe like issuing a not wearing your seat belt ticket. Well NM. The FREC can only find you for breaking their own rules, not for breaking a state law or criminal law. And they don't have the Sheriff to come and arrest you. They just want to be informed and if they think something is up, they will come and investigate. No harm no foul. The FREC cannot throw you in jail. The FREC simply finds out what it takes to practice real estate and then make everyone practicing be their image. Next the FREC gives rules to the DRE which is the Department of Real Estate and the DRE does all the administering of the Florida License Law. Administering as a word sounds so official, how is it defined? Manage and be responsible for the running of. Ok, so have the FREC, the DRE, and the Commission.

What role does the DBPR play in the DRE?
The DBPR regulates and licenses business in Florida. The DBPR is executive branch of governor. The DBPR is governed by Chapter 120.  DBPR structured under Chapter 20. The DBPR is an ageny. Its commission consists of 7 members, and changes 4 or 8 years. The DBPR legislature is under Chapter 455. Chapter 455 of DBPR allows for investigating into consumer complaints, investigating with subpoenas, ceasing and desisting unlicensed individuals, (desist, cease or sustain), and issue citations to licensees. Secretary of DBPR is chief administer under the governor under the senate. DBPR headquarters is in Tallahassee. 

Statement of Agency Organization
and Operation

The Department of Business and Professional Regulation is the agency charged with licensing and regulating businesses and professionals in the State of Florida, such as cosmetologists, veterinarians, real estate agents and pari-mutuel wagering facilities. Our mission is to license efficiently, regulate fairly, and we strive to meet this goal in our day-to-day operation. We are under the executive branch of the Governor, and are governed by Chapter 120, F.S. Our department is structured according to the requirements of Chapter 20.165, F.S.

Agency Head.

The head of the Department of Business and Professional Regulation is the Secretary of Business and Professional Regulation. The secretary is appointed by the Governor, subject to confirmation by the Senate. There is no set term limit; the secretary serves at the pleasure of the Governor.

Secretary: Ken Lawson is currently the Secretary.

The secretary is responsible for planning, directing, coordinating and executing the powers, duties, and functions vested in the department, its divisions, bureaus, and other subunits.

Division of Professions administers numerous professional boards. Real estate is so huge it has to be mandated separately by the DBPR. I read that 180,000 are licensees in FL. But 80% drop out within 2 years. The DBPR has the Division of Professions to regulate course work, schooling, and finals. Then there's the Department of Service Operations. The DSO has the contact call center which does the phone, mail, and email questions about the license. Then you have the Central Intake Unit to process license applications and license fees for the DBPR and being responsible for licensing and renewal of license. Then there's the Division of Timeshares, Mobile Homes, and Condos, which is consumer protection through education of laws, complaint resolution, mediation and arbitration, and developer disclosure. Mediation and arbitration I learned interning at law firm. The Division regulates condos, timeshares, and mobile homes. The Division also has to make the home owner association happy by resolving complaints with owners. Then you have the Division of Real Estate: which regulates real estate law in Florida. The DRE are administrative and ministerial. The DRE has routine duties and clerical functions.

ministerial duties

Recordkeeping duties by the Division of Real Estate (DRE).

 

The Secretary appoints the director and the is a senior who directs service to the Commission. The DRE and Commission are in Orlando. The DBPR gets the DRE to get the FREC employed. Unlike the Commission who are chosen by the governor and approved by the Senate. And we elect the Senate, so who we put in power makes all the rules we have to know and live within. The Commission 7 are not employees, they are $50 a meeting, while the FREC and DRE and DBPR are employees.

(all in America, all because we are free, you can strive to be what you want to be.) I was in Spain, I was in France, I didn't breathe as much fresh air as I do in America.






I try to always cite my sources. To avoid legality and fraud among other things like plagiarism and copyright material.

I am getting one of these from typing so much.

Ganglion Cyst Overview

A ganglion cyst is a tumor or swelling on top of a joint or the covering of a tendon (tissue that connects muscle to bone). It looks like a sac of liquid (cyst). Inside the cyst is a thick, sticky, clear, colorless, jellylike material. Depending on the size, cysts may feel firm or spongy.

• One large cyst or many smaller ones may develop. Multiple small cysts can give the appearance of more than one cyst, but a common stalk within the deeper tissue usually connects them. This type of cyst is not harmful and accounts for about half of all soft tissue tumors of the hand.
• Ganglion cysts, also known as Bible cysts, are more common in women, and a majority occur in people between 20-40 years of age. Rarely, ganglion cysts can occur in children younger than 10 years of age.
• Ganglion cysts most commonly occur on the back of the hand, at the wrist joint, and can also develop on the palm side of the wrist. When found on the back of the wrist, they become more prominent when the wrist is flexed forward. Other sites, although less common, include these:
  • The base of the fingers on the palm, where they appear as small pea-sized bumps
  • The fingertip, just below the cuticle, where they are called mucous cysts
  • The outside of the knee and ankle
  • The top of the foot
  (from http://www.emedicinehealth.com/ganglion_cyst/article_em.htm#ganglion_cyst_overview)
• 
  
  Amanda Anseeuw
• School of Real Estate Unit 3
  

OOOOHHH, The Real Estate Wheel Keeps on Turning

I keep coming back to the fact that this is real estate. I am learning real estate, living real estate, and loving real estate.

What is the history of real estate in Florida and what is required to retain a real estate license? There are services in real estate requiring a license and some real estate services that do not require a license.
Historical: concerning past events
Perspective: point of view
Licensure: granting of license for professional
Exemption: being free from an obligation
Qualification: an accomplishment that makes someone suitable for a particular activity
Real estate: real property: land or buildings: real estate agency: a person who sells and leases land and building for clients: real estate agent: a person who sells and rents out land for clients
Service: helping or doing work for someone: work, employment, labor

 I am mixing things up this blog because nothing is ever the same.

Broker: a person who buys and sells goods and assets for others.
Broker associate: ... a partner or colleague in business or at work
Caveat emptor: the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made
Compensation: something, typically money, awarded to someone as a recompense for loss, injury, or suffering... the money received by an employee from an employer as a salary or wage... latin: weight against.
Expungement: erase or remove completely... latin: mark for deletion
License: a permit from an authority to own or use something to do a particular thing or carry on a trade... formal or official permission to do something... a License to Kill


Mutual Recognition Agreement: Mutual: experienced or done by each of two or more parties toward the other or others. Recognition: being recognized... acknowledgement of existence. Agreement: harmony or accordance in opinion or feeling... latin: make agreeable to. Real Estate Mutual Recognition Agreement: ... part of FDBR, 4 page document, (http://www.myfloridalicense.com/dbpr/re/documents/MutRecAL07.pdf) and (http://activerain.trulia.com/blogsview/2135404/mutual-recognition-agreements) Saying that after passing a test, an agent can hold a license in other states.
Nolo contendere: a plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt... latin: I do not wish to contend. Nolo contendere in real estate: Hmmm, wondering what that means. (http://www.nolo.com/products/real-estate)

Owner-developer: owner: a person who owns something... Developer: a person or thing that develops something (property and software developers)... A broker may not perform real estate services for a developer unless the developer is also a registered brokerage entity licensed with the department.
Prima Facie Evidence: Prima Facie: based on the first impression... accepted as correct until proved otherwise... latin: first appearance. Evidence: the available body of facts or information indicating whether a belief or proposition is true or valid... information given personally, drawn from a document, or in the form of material objects, tending or used to establish facts in a legal investigation or admissible as a testimony in court... latin: obvious to the eye or mind.
Yeah, more people like to look up words than just me! http://www.propertywords.com/Prima_Facie.html.. Property words! Property words says, nothing. Website paste messed up my blog post. Errg.
Real Estate Services: well, real estate is real property, and real property is land and buildings. And services is work or help you do for someone. So real estate services are works you do for someone... buying and selling of properties/selling and buying of properties. Broker, agent, counselor, manager, appraiser... rent, lease, paperwork, sell, loan, help, buy, list, advise, CMA, BPO, survey, mortgage, negotiate, offer, represent, market, residential, commercial, industrial, business, and agriculture: villas, land, apartments, condos, houses, neighborhoods, strip plazas, tracts, custom, specs, adult community, inspections.
Reciprocity: reciprocity is not mutual recognition agreement. The practice of exchanging things with others for mutual benefit, esp. privileges granted by one country or organization to another. latin: moving backward and forward. Privilege: special right, advantage, or immunity granted or available to a particular person or group of people.
Registration: the action or process of registering or of being registered... a certificate that attests to registering... enter record. Example: I registered for college. I attended registration. Registration took all day.
Resident: a person who lives somewhere permanently or on a long-term basis... a species that does not migrate... living somewhere on a long term basis... latin: resident remaining... inhabitant, local, citizen, native... living in, residing in

Sales Associate: Well, sales are exchanging commodity for money..... an event for the rapid disposal of goods at reduced prices for a period, especially at the end of a season. Associate: partner or colleague in business or at work. A person with limited or subordinate membership in an organization. Joined or connected with an organization or business. Joined, sharing, allied. Link, connect, affiliate.

Withhold Adjudication: refuse to give (something that is due or desired by another... suppress or hold back... deduct from an employee paycheck and send directly to government... hold back, keep back, refuse to give, control, suppress, repress. Adjudication: make a formal judgment or decision about a problem or disputed matter... act as a judge in a competition... awarded judicially... judgment, decision, ruling, settlement, resolution, verdict, determination... So, hold back judgment.

Let's look further into caveat emptor: let the buyer beware and nolo contendere: in between innocent and guilty. Here we go, prima facie: we have what we appear to have, something is obvious, this case isn't rocket science... something is true just at it looks to be true. (trustable as it appears on its face). Okay let's watch a video. Actually, let's watch videos on all the foreign terms to the modern English speaker with limited background in unheard of terms and Latin:

Caveat emptor: https://www.youtube.com/watch?v=SNynTy8aiXo and https://www.youtube.com/watch?v=MJYFrVPBv1I
How many people can ensure that good faith is present? Caveat emptor places responsibilities in buyers and sellers, but sellers and agents and brokers should advertise is good faith in order to be trusted, and buyers should know a seller can say "caveat emptor" and do homework.
Nolo contendere: https://www.youtube.com/watch?v=9VPCnVGl5pU and https://www.youtube.com/watch?v=IbHCGoN0klo
Prima facie evidence: https://www.youtube.com/watch?v=AiiwYOsyP5c
And then, owner developer: https://www.youtube.com/watch?v=jlxl_brxmoo.. "Success breeds success! So keep at it! Adjust to the day's reality and keep doing the right thing! Sense what is going on in the market and set a direction and identify what you set out to find!" and https://www.youtube.com/watch?v=NO8shkpmg1E... "Stay focused. In a city you have people and buildings... developers focus on buildings! As opposed to an agricultural plot of trees. Think about the construction of a building (brick) as opposed to a blade of glass... Building have different types of contracts (carpenter, electrician, contractor)... All different types of material men must be coordinated... All trades have own field of expertise." Why not, https://www.youtube.com/watch?v=9ch-KFM5crs

Back to it. What is withholding adjudication in real estate and how does holding back a judgment apply to real estate terms?
Not sure if this is going to help, but I found a legal video. https://www.youtube.com/watch?v=n0-CNJrXl7w... Talking about DWI. I'll learn about witthold adjudication (real estate) in chapter.

State Laws. Administrative Rules. Federal Laws.

How did real estate come about? I know I'm not supposed to end a sentence in a preposition. The history of real estate: Mortgage means death pledge in Latin. Real estate has a long history. This man teaches at Yale and his video is online and I don't know how it got there. I do know that since 80% of properties today are mortgaged.... this mortgage video is important to watch. A mortgage is made for someone who needs something, but needs financing in order to do so. Someone can borrow money and use their other properties as collateral. Slaves used to be used as collateral in a mortgage. The word mortgage wasn't used in widespread language when it was started. Around the turn of the 18th century, the term mortgage became commonplace in the general public. To get a mortgage is to get money lent. When you borrow money you promise to pay it back. If no payment is made back, then what you are borrowing to finance gets taken back. I wonder, how far do you go to owning something. If you pay for something is it yours? Is the person who made it entitled to it. I made it I can take it back! Or is it if  you buy something for someone, and you borrow money from your parents, are your parents really owning the gift, or is it now the ownership of the receiver since it was gifted. Maybe that is where the term Indian Giver came from. Maybe in the start of the country, Americans gave Indians things (clothing, fire starters, rocks to sit on), and the took them back and slaughtered a tribe? Contract establish who owns what. Why do so many people need financial help buying a house nowadays? Is it because so many people spend money on other things (cars, clothes, vacation, jewelery) so they know they can borrow from the bank and make small payments? Shouldn't a house be the most important attained property in a person's life? Like, okay now I have a shelter, and I am close to the grocery store so I have food, and I have income to pay for both... so why borrow? Is the 1% in American the only people that figured it out? I will watch the rest of this later: https://www.youtube.com/watch?v=y_IMH8erqds. THIS IS GOOD. I stopped at 14:07.. talking about who owns commercial real estate. Which might be good for me to know which category of real estate I want to enter. A partnership is a the state of being a partner or partners. A corporation is a a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law.

Prior to the 19th century, the real estate industry was unorganized and competitive. Everyone said caveat emptor this, caveat emptor that. But in 1923, Florida passed the real estate license law, Chapter 475. Then, two years later, in 1925, the Real Estate Commission was formed to administer and enforce the law. The Florida Legislature gave the Commission the power to revoke, suspend, grant, and deny licenses, as well as keep records and conduct investigations. The FREC is another term for the Florida Real Estate Commission. The FREC is 90 years old. Happy 90th birthday FREC!

The DRE provides support for the FREC under the DBPR. The DRE is the Division of Real Estate under the Florida Real Estate Commission under the Department of Business & Professional Regulations.

Real estate regulation protects the consumer mostly, maybe the opposite of the once popular caveat emptor. The legislature protects the health, safety, and welfare of public in real estate transactions.
Health: financial soundness, free from injury
Safety: being protected from unlikely cause risk or injury
Welfare: health and happiness of a person or group: social effort to promote basic physical and material well being of people in need.
The Legislature believes that unregulated practice can harm the public, potential harm is recognizable, and the danger outweighs any anti-competitive impact that might result from regulation. Also, when the public is not protected by other statutes, local ordinances, or federal laws, and when less restrictive means of regulation are not available.

In order to be accepted into the business of real estate as a licensed professional, you must meet the academic and application requirements and demonstrate competence in the field. A potential licensee must exhibit knowledge in real estate local, state, and federal laws, as well as license law. In order to make it in real estate, one must know the practice of real estate, the laws associated with real estate, the history of real estate (I believe), competently practice real estate, and pass the licensure examination.

5 Florida Laws to Focus On

Florida: a state in the southeastern U.S., on a peninsula that extends into the Atlantic Ocean and the Gulf of Mexico; pop. 15,982,378; capital, Tallahassee; statehood, Mar. 3, 1845 (27). Explored by Ponce de León in 1513, it was purchased from Spain by the U.S. in 1819. It is a popular resort and retirement area.
Statute: a written law passed by a legislative body, a rule of an organization or institution.
Chapter: a main division of a book, typically with a number or title. a local branch of a society.
Executive: having the power to put plans, actions, or laws into effect. Relating to managing an organization or political administration and putting into effect plans, policies, or laws



Florida Statute 20: says about the organizational structure of real estate and establishes the structure of the executive branch of Florida. There are legislative, executive, and judicial branches of government in the Florida Constitution, just like there are 3 branches of government outlined in the United States Constitution. So the Real Estate Legislature gives the programs and policies over to the executive branch. Then departments in Legislature like the DBPR enforce those policies.
https://www.youtube.com/watch?v=9JM0xR9AWRA

Chapter 475: relates to the real estate broker, associate, and school. Also called the Real Estate Professional Practice Act. I should read that: can't find a link. The Legislature created 475 to establish legal rights and responsibilities of brokers and appraisers. The 4 parts of 475 are: brokerage in which licensees are supposed to know all the Legislature. The FREC implements, interprets, and enforces regulatory provisions of 475. Part 2 talks about appraisers and the requirements for license and certification. The Florida Real Estate Appraisal Board FREAB regulates certified, licensed, and trainees. FREC is similar to FREAB in that they follow the same procedures for disciplining licensees. A quasi-judicial body is an entity such as an arbitrator or tribunal board, generally of a public administrative agency, which has powers and procedures resembling those of a court of law or judge, and which is obligated to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Part 3 says that the Commercial Real Estate Sales Commission Lien Act gives the broker lien rights for earned commission. Lien: a right to keep possession of property belonging to another person until a debt owed by that person is discharged. Commercial: making or intended to make a profit. The lien is against the owner's net personal properties and does not include the real commercial property. Part 4 says that the Commercial Real Estate Leasing Commission Lien Act gives a broker lien rights for earned commission associated with a broker agreement (contract) to lease commercial real estate.

Florida Statute 455: the Regulation of Professions and Occupations: defines the general legal practice of the DBPR and all the licensees. You cannot be disqualified because you are a US citizen. Meeting, compensation, and board Commission are set forth too. You cannot practice if you are not licensed. Exams and testing services are defined here. This 455 law mandates DBPR actions too. The FREC can discipline failing licensees. You must notify the FREC of a conviction including guilt, plea, and adjudication. https://www.youtube.com/watch?v=z7kCSjVosHI

Florida Statute 120: Administrative Procedure Act. Licensing and discipline of real estate agents outlined here. Also, regulatory agencies decide and implement agency policy. https://www.youtube.com/watch?v=_VL5zltNrVE

Chapter 61J2: is the rules of the Florida Real Estate Commission. Rules are published in the FAC, Florida Administrative Code. The principles of practice are said here.

http://www.leg.state.fl.us/statutes/

Click a Title to View Chapters and Parts ­

TITLE I	CONSTRUCTION OF STATUTES	Ch.1-2
TITLE II	STATE ORGANIZATION	Ch.6-8
TITLE III	LEGISLATIVE BRANCH; COMMISSIONS	Ch.10-11
TITLE IV	EXECUTIVE BRANCH	Ch.14-24
Chapter 14	GOVERNOR
Chapter 15	SECRETARY OF STATE
Chapter 16	ATTORNEY GENERAL
Chapter 17	CHIEF FINANCIAL OFFICER
Chapter 19	COMMISSIONER OF AGRICULTURE
Chapter 20	ORGANIZATIONAL STRUCTURE
Chapter 22	EMERGENCY CONTINUITY OF GOVERNMENT
Chapter 23	MISCELLANEOUS EXECUTIVE FUNCTIONS
	Part I: FLORIDA MUTUAL AID ACT (ss. 23.12-23.127)
	Part II: PAPERWORK REDUCTION (ss. 23.20-23.22)
	Part III: CUSTOMER SERVICE STANDARDS (s. 23.30)

TITLE XXXII	REGULATION OF PROFESSIONS AND OCCUPATIONS	Ch.454-493
Chapter 454	ATTORNEYS AT LAW
Chapter 455	BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS
Chapter 456	HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS
Chapter 457	ACUPUNCTURE
Chapter 458	MEDICAL PRACTICE
Chapter 459	OSTEOPATHIC MEDICINE
Chapter 460	CHIROPRACTIC MEDICINE
Chapter 461	PODIATRIC MEDICINE
Chapter 462	NATUROPATHY
Chapter 463	OPTOMETRY
Chapter 464	NURSING
	Part I: NURSE PRACTICE ACT (ss. 464.001-464.027)
	Part II: CERTIFIED NURSING ASSISTANTS (ss. 464.201-464.2085)
Chapter 465	PHARMACY
Chapter 466	DENTISTRY, DENTAL HYGIENE, AND DENTAL LABORATORIES
Chapter 467	MIDWIFERY
Chapter 468	MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
	Part I: SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY (ss. 468.1105-468.1315)
	Part II: NURSING HOME ADMINISTRATION (ss. 468.1635-468.1756)
	Part III: OCCUPATIONAL THERAPY (ss. 468.201-468.225)
	Part IV: RADIOLOGICAL PERSONNEL CERTIFICATION (ss. 468.3001-468.315)
	Part V: RESPIRATORY THERAPY (ss. 468.35-468.369)
	Part VI: AUCTIONEERS (ss. 468.381-468.399)
	Part VII: TALENT AGENCIES (ss. 468.401-468.415)
	Part VIII: COMMUNITY ASSOCIATION MANAGEMENT (ss. 468.431-468.438)
	Part IX: ATHLETE AGENTS (ss. 468.451-468.457)
	Part X: DIETETICS AND NUTRITION PRACTICE (ss. 468.501-468.518)
	Part XI: EMPLOYEE LEASING COMPANIES (ss. 468.520-468.535)
	Part XII: BUILDING CODE ADMINISTRATORS AND INSPECTORS (ss. 468.601-468.633)
	Part XIII: ATHLETIC TRAINERS (ss. 468.70-468.723)
	Part XIV: ORTHOTICS, PROSTHETICS, AND PEDORTHICS (ss. 468.80-468.813)
	Part XV: HOME INSPECTORS (ss. 468.83-468.8325)
	Part XVI: MOLD-RELATED SERVICES (ss. 468.84-468.8424)
Chapter 469	ASBESTOS ABATEMENT
Chapter 471	ENGINEERING
Chapter 472	LAND SURVEYING AND MAPPING
Chapter 473	PUBLIC ACCOUNTANCY
Chapter 474	VETERINARY MEDICAL PRACTICE
Chapter 475	REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS
	Part I: REAL ESTATE BROKERS, SALES ASSOCIATES, AND SCHOOLS (ss. 475.001-475.5018)
	Part II: APPRAISERS (ss. 475.610-475.631)
	Part III: COMMERCIAL REAL ESTATE SALES COMMISSION LIEN ACT (ss. 475.700-475.719)
	Part IV: COMMERCIAL REAL ESTATE LEASING COMMISSION LIEN ACT (ss. 475.800-475.813)

Division of Real Estate

FLORIDA STATUTES AND FLORIDA ADMINISTRATIVE CODE

Florida Real Estate Commission (FREC)

• Florida Statutes Chapter 475 - Part I
• Florida Administrative Code Chapter 61J2

Florida Real Estate Appraisal Board (FREAB)

• Florida Statutes Chapter 475 - Part II
• Florida Administrative Code Chapter 61J1
• Uniform Standards of Professional Appraisal Practice

Department of Business & Professional Regulation (DBPR) General

• Business and Professional Regulation - General Provisions Chapter 455
• Financial Matters; General Provisions Chapter 215
• Administrative Procedures Act Chapter 120
• Organizational Structure Chapter 20

Several pieces of legislation passed during the last Legislative Session that impact our division. Many of those new laws became effective on October 1, 2012. Please link to the document with all the new changes here.

department |diˈpärtmənt|
noun
a division of a large organization such as a government, university, business, or shop, dealing with a specific subject, commodity, or area of activity

20, 475, 455, 120, 61J2....
All under the DBPR, FREC, Real Estate in Florida: all the laws and statutes.


Real Estate License School: https://www.youtube.com/watch?v=liMQoT_r1IQ

Professionals in real estate are protected under Florida laws such as Chapter 475, statute 20 and stature 455, and under Federal Laws. This is about fairness in transaction. You get what you give.

Chapter 20: Under the Florida Department of Professional and Business Regulation: Deals with Organizational Structure: Organized (the structure of related item). Structure: the arrangement between parts. Executive Branch:

(5) The responsibility within the executive branch of government for the implementation of programs and policies must be clearly fixed and ascertainable.

(6) Departments must be organized along functional or program lines.

(7) The management and coordination of state services must be improved and overlapping activities eliminated.

(8) When a reorganization of state government abolishes positions, the individuals affected, when otherwise qualified, must be given priority consideration for any new positions created by reorganization or for other vacant positions in state government.

Chapter 475: has a lot to do with real estate: has to do with the frec, florida real estate commission, which has to do with governing tests, schools, licensees, agents/associates, brokers, and appraisers (this is a great place to look up official real estate terms: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0475/Sections/0475.01.html)

120:  administrative dealings -- rulings, judges, council meetings, the officially official side.

61J2: rules, administrative rules list, of all occupations under the department of real estate such as brokering, appraising, selling, and listing...

What is ex parte? ex parte |eks ˈpärtē|
adjective & adverb Law
with respect to or in the interests of one side only or of an interested outside party.
ORIGIN late 17th cent.: Latin, literally ‘from a side.’

Chapters in the Administrative Code Book Online that Relate to Real Estate:

Chapter 20: executive branch: organization structure: florida statute: department of business and professional regulation

Chapter 475 part 1: florida real estate commission (frec), real estate brokers, associates, appraisers, and schools, and all underneath there. regulation of occupations and professions. real estate brokers, sales associates, and schools. Made to regulate real estate professionals in the state because the Legislature deems it necessary.

Something I would like to be on: 475.02 Florida Real Estate Commission.—
(1) There is created within the department the Florida Real Estate Commission. The commission shall consist of seven members who shall be appointed by the Governor, subject to confirmation by the Senate. Four members must be licensed brokers, each of whom has held an active license for the 5 years preceding appointment; one member must be a licensed broker or a licensed sales associate who has held an active license for the 2 years preceding appointment; and two members must be persons who are not, and have never been, brokers or sales associates. At least one member of the commission must be 60 years of age or older. The current members may complete their present terms unless removed for cause.
(2) Members shall be appointed for 4-year terms.

Chapter 455: business and professional regulation: regulation of professions and occupations: this department regulates professions:

Chapter 120: administrative procedures: public officers, employees, and records: administrative procedures act: outlines the practices of authority: procedural process for government officials

61J2: florida administrative code: florida real estate appraisal board: florida real estate commission rules: just a bunch of rules: different page then statute 120, 475, 455, and 20

20: executive branch is organizational structure
455: regulation of professions
475: real estate schools, teachers, appraisers, agents, brokers, and associates
120: administrative procedures
61J2: rules

Recognize General Florida Law Requirements for Licensure:
A real estate career is began as a sales associate. A sales associate is a person who performs real estate services for compensation but does so under the control, direction, and management of an active broker or owner-developer. When I graduate this course I will be an involuntary and active sales associate because I have yet to find an employer. Once I find an employer I will become a voluntary and active sales associate. Also, I will have to file proper information under the DBPR which is also qualified under the Florida Statutes 6J12, 20, 120, 475, 455. (6J12 is rules, 20 is the executive branch, 120 is the administrative procedure act which is procedural practice under the Florida Constitution, the 475 is the real estate associate, broker, and appraiser professionals and rules, the 455 is the departments under the DBPR which is the Department of Business and Professional Regulation -- the FREC and HUD are under the DBPR real estate commission.

As a sales associate I would become an agent for my broker. That is where the term real estate agent comes from. I wonder how long I have to be an agent and which point in my studies I can become a REALTOR under NAR. An owner-developer is one who is unlicensed but sells, exchanges, and leases own property. An example of what an owner-developer does is as a real estate development company is own land, subdivide it, build, and sell homes. I'm sure there are owner-developers for commercial, business, and industrial property right? How does an owner-developer prepare land for agriculture. Is an agricultural property just passed down generationally or is an agricultural property made by farmers. And not Farmers Insurance, "We are farmers." Maybe those farmers are talking about insurance farming, like real estate farming? Trying to get the most policies possible in their area: health, injury, auto, life... etc. Pretty much, owner developers give real estate agents and brokers jobs. With developed property, a real estate agent can sell and buy for buyers and sellers.


So I wonder what the land area in Florida is that is dedicated to Agriculture. I wonder if there is a map. Also, I wonder what the main crop is in Florida?   I found out what I thought, citrus fruits: lemon, lime, key lime, orange, grapefruit, kiwi, tangerine, tangelo. I think it would be really cool to manage, own, maintain, and distribute key limes on a key lime farm. Would have rows of key lime trees. But that's not my top priority, so keep going on real estate. Florida provides 80% of OJ, and 79% of grapefruit in U.S. Also, south Florida, with the help of the nutrient rich soil in Lake Okechobee, is a main producer of tomato and potato. Also, field crops Florida produces are sugar cane, peanuts, soy wheat, watermelons, cotton, hay, and corn. I guess I'll find more about the areas of each crop later. i guess field crop opposes tree crop in the above ground, on ground feature. Farmer's lingo! Lingo: local dialect. This is cool, watersheds in Florida: an area or ridge of land that separates waters flowing to different rivers, basins, or seas.
• an area or region drained by a river, river system, or other body of water. ORIGIN early 19th cent.: from water + shed in the sense [ridge of high ground] (related to shed 2 ), suggested by German Wasserscheide, literally ‘water-divide’ .


Here is way to access REALTORs in FL http://www.realtor.com/realestateagents/Tampa_FL
 
 
I think I live in a rich district.

A licensed real estate cannot be salaried by an owner-developer but can be commissioned. A broker is after a hired associate "active voluntary associate - agent". A broker is a person who, for another, and for compensation or other consideration or anticipation of other compensation or participation, performs real estate services. I need a signed contract and guaranteed commission before investing time and effort. I am studying hard for this to advantageously pay off! A broker associate is a broker holding an active license choosing to work under another broker. A broker can have a staff of broker associate, agents, and maybe appraisers and surveyors?

Here is the link to fill out the application to the DBPR which can be downloaded and mailed or filled in online in order to obtain a real estate license: 
https://www.myfloridalicense.com/intentions2.asp?chBoard=true&SID=&boardid=25&professionid=25A

How to order a Florida Criminal History Search: http://www.fdle.state.fl.us/Content/getdoc/2952da22-ba08-4dfc-9e45-2d7932a803ea/Obtaining-Criminal-History-Information.aspx For further employees.  

nolo contendere

A plea of no contest entered in a criminal court of law. The defendant does not admit or deny the charges, though a fine or sentence may be imposed by the court.

Probation: the release of an offender from detention, subject to a period of good behavior under supervision. Ashley Judd in Double Jeopardy

Sentence: a punishment assigned to a defendant found guilt in court Michael Duncan in The Green Mile

Withhold adjudication: after the court decides the defendant is not going to engage in unlawful activity, sentencing is stopped and probation may ensue. Can't think of or find a movie that illustrates this.

Criminal: a person who has committed a crime. Jack Nicholson in The Departed

Sealed: like expunged (record of criminal conviction is stoppered after a period of expiration)

Destroyed: criminal conviction record expunged, eliminated.

Admit: confess to be the truth or the case, usually with reluctance

Why so hard to admit? What Mark Wahlberg does at the end of Broken City

Deny: refuse to admit the truth or existence of.

can't think of one... hiding guilt in a movie...

Fine: a sum of money exacted as a penalty especially by a court of law... someone is ordered to pay money

expungement

A process by which the record of a criminal conviction is destroyed or sealed after expiration of time.

Good to get fingerprinted now: https://pearson.ibtfingerprint.com/ 

To view application status: click here https://www.myfloridalicense.com/intentions2.asp 

Real estate states that are comparable to FL are GA, AL, AK, MS, NE, OK, and CT. http://www.myfloridalicense.com/dbpr/re/mutualrecognition.html

Mutual recognition is not reciprocity.
FL does not have reciprocity with any other state, FL only has mutual agreement with GA, AL, AK, MS, IL, OK, CT, and NE, and a licensed real estate professional cannot practice in any other state, only mutual agreement in which test and continuing education and post license education required.

Reciprocity:
The practice of mutual exchanges of privileges. Some states have reciprocal arrangements for recognizing and granting licenses to licensed real estate professionals from other states. Instead of being in reciprocity, FL is in mutual agreement with other states: GA, AL, AK, MS, OK, IL, CT. "A transactional agreement between Florida and another state that provides for the two states to recognize each other’s real estate prelicense education.
Florida and another state enter into a contract to recognize each other's real estate license education. Mutual recognition applicants must demonstrate knowledge of Florida's real estate laws by passing a license exam that consists of 40 questions concerning Florida-specific real estate law. After demonstrating knowledge of Florida license law, the applicant is issued a Florida real estate license. Only nonresidents of Florida may use education obtained in a mutually recognized state to obtain a Florida real estate license."

FREC rules define resident as: For application and licensing purposes, is a person who has resided in Florida continuously for a period of four calendar months or more within the preceding year, regardless of whether the person resided in a recreational vehicle, hotel, rental unit, or other temporary or permanent location. Regardless of living in a rental unit or RV lol. You must have the intention of living at the beginning of the 4 month date in order to qualify for licensure and mutual agreement licensure.

Wonder what this is all about. Did he used to know my Grandma? http://prudentialhatton.com/ 

Might be a good person to work for under my sales associate working for my broker http://www.ecogroupinc.com/mission/welcome.html. Shares same values of beauty, exotic, luxury, and scenery. Can't wait!

Keep your chin up. After rain comes a rainbow. Keep your head up. Keep smiling. Strong sunshine can melt a cloud. One accomplishment can turn your frown upside down. People might be watching you but don't pay attention to them. You paid money to be where you are. You invested time to be where you are. Mind your own business man! No one smack, smack, me around. No one bring, bring me down. Do you hear, hear that sound?

Qualification for associate cert. in real estate in FL, include but are not limited to:

 18 years of age or older, GED and higher, SS#, honest, truthful, trustworthy, of good character, of good reputation, competent, qualified

• honest: free of deceit and untruthfulness; sincere. morally correct or virtuous; to be honest: speaking frankly. latin: honor
• truthful: telling or expressing the truth; honest. true to life, characterized by accuracy or realism. honest, sincere, trustworthy, genuine.
• trustworthy: able to be relied on as honest or truthful (leave a spare key with a trustworthy neighbor)
• of good character: morally honest
• competent: having the necessary ability, knowledge, or skill to do something successfully. acceptable and satisfactory though not outstanding. accepted as having legal authority to deal with a particular matter. able to understand the charges and to aid in defending themselves. latin: be fit or proper
• qualified: officially recognize or establish someone as a practitioner of a particular profession. be entitled to a particular benefit or privilege by fulfilling a necessary condition. latin: of such a kind
• transactions: an instance of buying or selling something; a business deal. the action of conducting business. the exchange or interaction between people. latin: drive through.
• business: an activity that someone  is engaged in. the practice of making one's living by engaging in commerce. work, line of work, trade, company, firm
• -qualified to make transactions: certified, trained, fit, and skilled at business deals, arrangements, undertakings, negotiations, agreements.
• conduct negotiations with safety to investors & others
• moral: concerned with the principles of right and wrong behavior and the goodness and badness of human character -- concerned with or adhering to the code of interpersonal behavior that is considered right or acceptable in a particular society
• valid: reasonable, well founded, logical, bona fide, legally binding, lawful, legal, legitamate, authentic

Professional Application = SS# = Name on SS Card = needed to make sure in compliance with child support. An application is valid for two years = application is invalid after 2 years. Application is sent to DBPR. The Commissions main concern is the welfare, safety, and health of the general public.

Once passing course exam, am notified of green light to take state exam. DBPR notifies me and I call Pearson VUE. I have to schedule appointment. Show two forms of signature ID (pic and signature), also bring the school pass exam certificate. Test is computerized multiple choice. Like I take here. License exam is given in English and Spanish, I am doing English though I am learning Spanish, and the test to pass is 75% and up to 100%. Receive real estate license in the mail after passing. :). That's exciting. Very official piece of mail. Status must be changed to active from inactive once get job under broker or owner-develop and submit to DBPR. DBPR changes status to active. "The form includes the sales associate's name, license number, contact information, and the employer's name, license number, and business address. The form is signed by the broker or owner-developer and the sales associate. Florida brokers may also register new licensees online at the DBPR's website. New licensees must not begin working until the DBPR website indicates that the license has been changed to active status under the proper broker or brokerage entity." DBPR website shows change of status. Change of status: http://www.myfloridalicense.com/dbpr/re/documents/DBPR_RE_11_Change_of_Status_Associates.pdf. If failing, you know right away. Then, you can retake after 30 days, but only once a year.  Must submit to review test within 21 days of failing. Exam rules: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61-11. I am guessing 61J2?

"An applicant also has the right to petition for a formal hearing before the Division of Administrative Hearings. A request for a hearing before an administrative law judge must be filed within 21 days from the date of the on-site grade notice, or 21 days from the date of the letter notifying the student of the DBPR evaluation decision regarding the student's challenges. The request for a hearing is filed with the Chief, Bureau of Education and Testing, DBPR." I don't think I fall into this category, but have to read it, not study it, to answer questions correctly and know real estate testing practices!

We all have a chance to make our mark on the world/ We all have our chance to make a mark on the world.

I feel really smart! For sale/For Rent/For Lease! House, Apartment, Condo!

Definitions and pictures from Mac, Yahoo Images, Google Images, or Myself. Thanks.

Anyone have Chapter 475 they can send me? ... nm, found it...

So happy to have my Erin Condren Planner today from Ana! Thanks a lovely million!

There is a difference between post-licensing and continuing education. A sales associate is required to complete a post-licensing course before renewal of license. A licensee is placed in a probational statue until the post licensing course is complete. If no course is passed, license is null and void. Without the completing of the post license, a licensee must pre-license again and post license, as well as the state exam. The post-license is 45 hours. Scold education with education. A post licensure course can be taken at community colleges, FREC sponsors, colleges, universities, technical centers, real estate proprietary schools. Proprietary: relating to owner or ownership.  Post license is online and live. 45-hour end of course exam must be passed with 75% or higher. Wait 30 days to retake test. An attorney does not have to take the pre-license course but must take the post license course. Licensees must pass the course exam and the state exam. A four year degree in real estate exempts you from the post licensing course. The only thing a graduate has to do is the continuing education. So the graduate must take the continuing education exam but the pre-licensing 1, pre-licensing 2, and post-licensing was covered in class; then, the attorney has to take the pre-licensing 2 and post licensing, but is exempt from the pre-licensing and continuing education. Enroll in post licensing after getting license. So, pre-license > license > activate license > post license. The passed post license course before licensure disqualifies the course. Take post license soon after licensure. Complete the course at least 30 days before license expiration. So this is a lot like my notary. Fail, wait 30 days. Wait: 1 stay where one is or delay action until a particular time or until something else happens. Give yourself time to retake if you need to. Online learners take longer because school grades and submits electronically. Also, sickness, computer malfunctions, and emergencies may arise.

Qualifications for a broker's license:

 1. Pre-license
2. Activate license
3. Post license
4. Continuing Eduacation
5. Broker license (broker applicants must complete course 2 (or FREC equivalent). Course 2 of 69 hours of instruction plus 3 hours exam. A broker applicant must be an associate for 24 months within 5 years to become a Florida real estate broker. Can get experience by working under a broker for 24 months and can be under another jurisdiction or foreign. (work for juan carlos? developer) -- work in an FREC department of the government as a salaried employee performing duties under 475 (not doing), for 24 months during 5 years. Held active broker license in another state or jurisdication or foreign for at least 24 months within 5 years. "The experience cannot be earned by working for an owner-developer unless the owner-developer is a licensed broker who holds a current, valid, active real estate license." Really wanted that PR opp. Practicing associate must pass 45 hour post license before license expiration before broker license applied for, no matter if you bring real estate experience from another state to the table. If you don't hold a sales associate license then you don't apply for broker. You cannot take post licensing exam if you do not hold pre-license exam and license and therefore cannot apply for the broker license. SO, now you have your broker license and you want to continue holding your license, you must post-broker education. Broker must complete post license before renewal. If broker does not complete 60 hour post course license becomes null and void. However, within 6 months after the license expire, a broker can complete 14 hours of continuing education and then apply for a sales associate license, and comply with all broker requirements. Real estate degree graduate (4 years) is exempt from the pre-license and post license course to become initially licensed: so, sales assocaite gets the pre, pre 2, and post exempt, but takes the continuing, the attorney gets pre and continuing exempt but not the pre2 and post, and the broker gets the pre and post but not the pre 2 and continue. So the broker is like the attorney.

Sales associate and broker license continuing education classes are the same.

Registration and Licensure

Registration: The official placement of a real estate business or individual into the DBPR's records (database). So, submit your information to the DBPR so they can record it in records, make sure to stay current and complete all education courses for the renewal of license throughout 2 year windows. Record includes:

• Broker name and address
• Sales associate name and address
• Sales associate employer business name and business address (broker name and broker address)
• Broker license status (what's the point of working under an inactive license broker?)
• Sales associate license status
• Person's involvement in real estate: director, officer, partner

Sales associate can only work under and be registered with one broker at a time. A FL licensee may hold an active license in another state. I am thinking with my contacts: GA. Mutual agreement. "Individuals who do not intend to engage actively in the real estate business, such as a director of a real estate corporation, simply register this information with the DBPR so that the information can be entered into the database. Licensee info must be with the DBPR record! If you wish to engage actively you must be registered and licensed with the DBPR. 

When you pass the course exam and the state exam you become licensed. Passing both exams gives you the right to apply for a license (request and be issued).

license

A written document issued by the DBPR that serves as prima facie evidence (valid on its face) that the person is licensed on the date shown.

License shows:

• Effective date
  • Expiration date
    • Name of governor (2015: Rick Scott)
      • DBPR secretary 
        • Licensee full name
          • Licensee status (so request to see broker license as status active) and owner-develop must hold broker license to qualify my 2 years spent as agent apprentice
         

        Office of the Secretary

        The head of the Department of Business and Professional Regulation is the Secretary, who is appointed by the Governor and is subject to confirmation by the Senate. There is no set term limit; the Secretary serves at the pleasure of the Governor. The Secretary is responsible for planning, directing, coordinating and executing the powers, duties and functions vested in the Department, its divisions, bureaus and other subunits.
        
        A native Floridian, Ken Lawson has spent more than 12 years serving and protecting the public in numerous regulatory positions. Lawson began his legal career in the United States Marine Corps, Judge Advocate General's Division and spent seven years serving as an Assistant U.S. Attorney for the Middle District of Florida.
        
        After serving as an Assistant U.S. Attorney, Lawson was appointed the Assistant Secretary of Enforcement for the U.S. Department of the Treasury. In this capacity, Lawson was responsible for the oversight of several federal law enforcement agencies, including the U.S. Secret Service, the Bureau of Alcohol, Tobacco and Firearms and the Federal Law Enforcement Training Center. 
        
        
        

Two letter prefix before license number indicates license type:

• BK broker (burger king)
• SL sales associate  
• BL broker associate (working with another broker)
• BO branch office
• CQ corporations and LLC
• PR partnerships and LLP

Branch: a lateral extension or subdivision extending from the main part of something, typically one extending from a river, road, or railway
Office: a room, set of rooms, or building used as a place for commercial, professional, or bureaucratic work
_Corporation: a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law.
LLC: limited liability corporation
Partnership: a business or firm owned and run by two or more partners.
LLP: limited liability partnership

A real estate license is considered prima facie evidence that the holder possesses a current and valid license.

Current: belonging to the present time
Valid: supporting the intended point or claim
(for good measure)

Prima Facie Evidence:

First impression. Judge a book by its cover.. or not. A legal term.

prima facie evidence

A legal term used to refer to evidence that is good and sufficient on its face to establish a given fact or prove a case. Prima facie evidence is a legal term used to refer to evidence that is good and sufficient on its face (at first view) to establish a given fact or prove a case. Unless it is refuted by evidence to the contrary, prima facie evidence will prove a case (presumptive evidence). You can use prima facie evidence to prove a case.

A real estate license including licensee name, license number, address, governor, secretary, DBPR heading, issue date, expiration date serve as prima facie evidence that licensee holds license. Like a FL driver's license shows that you drive a car and are a FL resident. "Furthermore, official Commission documents become prima facie evidence once they are signed by the FREC chairperson or the chairperson's designee and affixed with the Commission's seal."

Videos today: Prima Facie Evidence: https://www.youtube.com/watch?v=AiiwYOsyP5c. There's not very much out there.

 Just FL real estate license course information:

• https://www.youtube.com/watch?v=dvHUYXy41Vk
  • https://www.youtube.com/watch?v=BdsC2fwC4vQ
    •  https://www.youtube.com/watch?v=-6Fl-UNpYHI
      • https://www.youtube.com/watch?v=bQ3026Ad-dY
        https://www.youtube.com/watch?v=jxAUEvxDhlg

*get trained from my company.
*get paid commission.

Listing: want, like, desire, inclination
Appointment: 1 an arrangement to meet someone at a particular time and place. meeting, engagement, session.

Make sure the potential buyer wants the property. Get a list.

(obviously you only get paid when you sell something.)

leverage |ˈlev(ə)rij; ˈlēv(ə)rij|
noun
1 the exertion of force by means of a lever or an object used in the manner of a lever : my spade hit something solid that wouldn't respond to leverage.
• mechanical advantage gained in this way : use a metal bar to increase the leverage.
• figurative the power to influence a person or situation to achieve a particular outcome : the right wing had lost much of its political leverage in the Assembly.
2 Finance the ratio of a company's loan capital (debt) to the value of its common stock (equity).
verb [ trans. ] [usu. as adj. ] ( leveraged)
use borrowed capital for (an investment), expecting the profits made to be greater than the interest payable : a leveraged takeover bid.

verb [ trans. ]
connect as or operate with a network : the stock exchanges have proven to be resourceful in networking these deals.
• link (machines, esp. computers) to operate interactively : [as adj. ] ( networked) networked workstations.
• [ intrans. ] [often as n. ] ( networking) interact with other people to exchange information and develop contacts, esp. to further one's career : the skills of networking, bargaining, and negotiation.

$ website and business card
80% agents out within first 2 years
Hard work pays off.

Services of a real estate agent requiring a license:

Law for real estate agents to perform real estate services.

real estate services

Any real estate activities involving compensation for performing the service for another. Any real estate activity that involves performing real estate services for another person is called a real estate activity. If you are compensated in real estate as a licensed real estate agent, then you partook in a real estate activity. So A BAR SALE is how to memorize real estate activities:

A

advertise

B

buy

A

appraise

R

rent 

S

sell

A

auction

L

lease

E 

exchange

I want to auction real estate real and personal properties: including commercial, business, agricultural, residential, and industrial. All sound good.

Exchange: an act of giving one thing and receiving another
A BAR SALE stands for advertising, buying, appraising, renting, selling, auctioning, leasing, and exchange
A: publicize and announce
B: purchasing and paying for
A: judging and pricing
R: rental, lease, fee
S: offer for sale, dispose of, auction off, barter, promote, be in demand, be purchased
A: public sale in which goods (personal) or property (real) are sold to the highest bidder. Sell or offer for sale at an auction, latin: increase.
L: a contract by which one party conveys land, property, services for a specified time, usually in return for period payment; rental agreement, period of occupancy, rent, rent out, sublet
E: trade, trafficking, swap, switch, change/interchange

Real estate services SALE EXCHANGE LEASE are defined in license law to include these activities for business opportunities and business enterprises including mineral rights:

• offer to agree to perform real estate services, advertise that business is performing real estate services, direct or assist in the procurement of buyer, seller, lessor, or lessee, and negotiate or close a real estate transaction, also the intent to close is sufficient

Procurement: get to bring about. action of attaining or procuring something.
Direct: control operations of; manage
Assist: help, typically by doing a share of the work

Auctioneer: a person who conducts auctions by accepting bids and declaring goods sold.

You must be licensed to perform real estate services.

compensation

Anything of value or a valuable consideration, directly or indirectly paid, promised, or expected to be paid or received.

Compensation includes money in the form of a salary, bonuses, commissions, and gratuities. Compensation is also things of value such as dinner, flowers, wine, gift certificates, event tickets, and so forth.

It is a violation of the law to share a real estate commission with someone not licensed for referrals, prospects, and customers. That's a sort of you scratch my back I'll scratch yours, not pay me and I'll pay you. "However, a Florida broker may pay a referral fee to a broker licensed in another state so long as the foreign broker does not violate Florida law." SO there is an exception to the rule.

What happened to marketing? Is that not a compensation in real estate?

Why I think I am good at real estate:
I've always seen life as an eye for eye or a reciprocity for a reciprocity, and I know Ghandi says that we would all go blind, but I have always seen life as interconnected. Not limited to trade winds and weather spaghetti's, but to communication and contact with others. Not only that reason, but all the real estate terms make sense to me. My dad always used to tell me you'd be great at being a private investigator or an attorney because I like getting to the bottom of things and I like seeing two or more sides of every story. I am usually involved in what some call, a web. I know right from wrong.

Thanks to my lovely fiance, I know what auctioning is. I have in the auctioning business for 4 years. 

I think the main parts of an auction are:
AUCTION
attendance
understanding marketing
call off items for public to bid on and cataloging accurately
trusting
 increase bids on interesting items
objects on the blocks
new bidders
could have done better on that.... BORING.

 I will help you get there. Diamonds, property, wine, vehicles, boats, web guy, administrative staff.

There are exemptions from licensure:

People who are exempt from licensure:
Individuals may buy, sell, exchange, or lease property for themselves. Therefore, the following individuals and business entities are exempt from a real estate license in the following circumstances:

• Property owners do not need a real estate license to buy, sell, exchange, or lease their own real estate.
• Corporations, partnerships, trusts, and joint ventures may buy, sell, exchange, or lease their own property. Salaried employees of these business entities may buy, sell, exchange, or lease real property for their employer, provided the activity is incidental to their employment and they are not paid a commission or compensated on a transactional basis.

Incidental: accompanying but not a major part of something.

Salaried employees are exempt:
-on site rental office of leasing capacity who do not earn commission (there is no restriction on the duration of the rental leases for this exemption).
-condo or apartment manager unit is rented under a year and not paid a commission. seriously, if an apartment is rented over a year a real estate license is needed?
-owner-developer of property who does not receive a commission
-governmental agency performing real estate services for the state who does not receive a commission.
(so if you get a commission you are licensed. if you are salaried you are not). but there are certain real estate activities you can perform.
-business entity who negotiates the purchase of radio, television, or cable enterprises provided the sale does not include real property.
(radio): the transmission and reception of electromagnetic waves of radio frequency, esp. those carrying sound messages.
(television): a system of transmitting visual images and sound that are reproduced on screens, chiefly used to broadcast programs for entertainment, information, and education.
(cable enterprises): contact or send message to someone by telegram. enterprise is another word for business.

Chapter 475 of the Florida Statutes: exempts the following from holding a real estate license:

-person who sells cemetery lots (chapter 475 excluding from earning real property)
 -individual who rents recreational travel park or mobile home park
-attorney when acting in the scope of their professional duties in relationship of attorney at law
-CPA when performing accounting duties within the scope of their professional duties
-a person who has been given a power of attorney in order to sign contracts and conveyances on someone's behalf (you cannot be given power of attorney just to perform real estate activites)
-a person with a time share who later sells the time share
-state certified appraised under 475 who appraise for the purpose of real estate (for the purpose of conducting appraisal services)
-court appointed individuals acting within their legal obligations within the limitation of their duties
-hotel and motel clerks who rent lodging accommodations on behalf of the establishment
-federally regulated banks and dealers registered within the Securities and Exchange Commission (SEC) selling business enterprises to accredited investors
-apartment property owners or property management firms for the purpose of paying a finder's fee of no more than $50 to a tenant of the complex for a rental referral.

Now I know why people fail. Because they don't pay attention. There are a lot of steps to getting, maintaining, keeping, and advancing your real estate license. Such as, pre-licensing class and exam, then post licensing exam, the pre-license 2 class and exam, then fingerprinting, background check, statement of affidavit, 2 years of work, and then the broker class and then the broker test and exam test, then continuing education for sales associate and broker, which is 14 hours.


Also, comfortable and confident in reading American Sniper. His legacy lives on through his words.. so crazy to think that one man voices commonplace struggles and warms my heart while making his place in Heaven. Words and meaning live on through the written word. So glad to have the book in my presence and also proud to know such a truthful story. I HAVE BEEN LATELY READING THE AMERICAN SNIPER BIOGRAPHY ON THE ELLIPTICAL AT LA FITNESS. I THINK SO MUCH OF OUR WORLD IS BLIND TO THE BATTLE CONFLICT OVERSEAS AND THE ONLY TRUE STORY LIES WITH THE SOLDIERS WHO SEE IT THEMSELVES. SNIPER KYLE HAS SPREAD HIS LOVE LIGHT ON TO ME TO BE MY OWN PERSON, DEFEND THE WEAK, GET THE BAD GUYS OUT, AND DO WHAT I CAN TO LIVE IN A GOOD WORLD WHERE PEOPLE MAKE THE RIGHT CHOICES. I THINK THAT DUTY CALLS, AND HE DEFENDED HIS LIBERTY. I THINK WHEN IT BOILS RIGHT DOWN IT, THERE IS NO ONE IN THE WORLD AS BRAVE AS COURAGEOUS KYLE. I AM SURE HE WILL BE MISSED BY HOS CLOSEST FRIENDS, AND MAINTAINED BY PEOPLE LIKE ME, WHO REVEL IN HIS STORY. HE IS ONE TO TRULY REMEMBER. HE MADE IT OUT OF THE BATTLE FIELD AND BROUGHT HOPE TO MY EYES.  some of that might have been off topic but it's okay.

Here's a question. Can I practice real estate in Puerto Rico?