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. |  |
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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 | ||
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| 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 | ||
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| Chapter 465 | PHARMACY | ||
| Chapter 466 | DENTISTRY, DENTAL HYGIENE, AND DENTAL LABORATORIES | ||
| Chapter 467 | MIDWIFERY | ||
| Chapter 468 | MISCELLANEOUS PROFESSIONS AND OCCUPATIONS | ||
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| 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 | ||
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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)
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
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-license2. 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
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.
- 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
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:
*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 anotherA 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
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.
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.
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