http://www.john-keats.com/
http://duets.vanmorrison.com/
Licensed Real Estate Appraisers, Associates, Brokers (Current and Active/Inactive) http://www.myfloridalicense.com/dbpr/sto/file_download/public-records-RE.html
You can't have active status as a real estate broker unless you have an office and your name or trade name and licensed real estate broker is not on a sign outside your door. you can put associates names on the sign and separate them from yourself with a line or space.
If you blind advertise by not putting your broker name on an ad you are in trouble.
If you have brokerage information online you have to put brokerage company name at the top, then mailing address, then physical address, then email address, then phone number, and fax number at the bottom.
If you decide to put a nickname in an ad then you also have to include your legal name registered with the DBPR and put it on advertisements.
You'll get fined $11,000 from the FEDS and $10,000 from Florida if you solicit and telemarket someone on the do not call list registry encouraging the purchase of goods and property. The FEDS is the telephone consumer protection act and the Florida is the Florida Telemarketers Act.
Give his or her money to the escrow if you want it to be safe. Open your own at a bank, saving association, or credit union and be a signatory. Without an escrow give your third party funds to an attorney or title company.
Give me the binder deposit before the end of tomorrow. So I can deposit it within 3 days.
Get all party permission before putting their money in your interest-bearing account.
Don't shred your records until after 5 years and keep them for 2 years after the court case closes.
You're in trouble if you commingle funds. $1000 max personal in a sales escrow fund and $5000 max personal in a property management escrow.
Report the conflicts within 15 days. A doubt of good faith is a conflict. Get mediation, arbitration, litigation, or EPO done in 30 days. Including the 15 days notification.
Hey tenants. Check out my list for rent. It's free to look. You give a refund if you mess up on renting information and you give a 75% refund of tenant chooses another rental. Get the receipt from the tenant and within 30 days.
You're going to jail or paying $1000 fine if you mislead a renter.
Get money from someone else involved in a transaction other than the buyer and seller from the referrer and get a kickback. Disclose your kickbacks.
Give a referral kickback to an unlicensed real estate dealer in trouble.
Give the buyer and/or seller part of your commission and disclose it.
LLCs, LLPs, Corporations, Sole Proprietorships, General and Limited Partnerships can be brokerage.
Suspended license to those who form ostensible partnerships and quasi partnerships.
Have a board of directors, sales and broker associates not allowed.
Have a real estate brokerage general or limited partnership? sales and brokers associates not allowed as general partners.
The answer is limited partner in a real estate brokerage limited partnership. A sales associate or broker associate may not be an officer or director of a real estate brokerage corporation. Sales associates may be limited partners in a limited partnership.
Requirements for opening, owning, running a broker office in FL.
Field guide to opening a real estate office:
http://www.realtor.org:8119/field-guides/field-guide-to-opening-a-real-estate-brokerage
noun (also negotiations)
discussion aimed at reaching an agreement : a worldwide ban is currently under negotiation | negotiations between unions and employers.
• the action or process of negotiating : negotiation of the deals.
• the action or process of transferring ownership of a document.
ORIGIN late 15th cent. (denoting an act of dealing with another person): from Latin negotiatio(n-), from the verb negotiari (see negotiate ).
transaction |tranˈsak sh ən; -ˈzak-|
noun
an instance of buying or selling something; a business deal : in an ordinary commercial transaction a delivery date is essential.
• the action of conducting business.
• an exchange or interaction between people : intellectual transactions in the classroom.
• ( transactions) published reports of proceedings at the meetings of a learned society.
• an input message to a computer system that must be dealt with as a single unit of work.
A temporary shelter is not a branch office.

But, if you have a temporary shelter office, you may to register it as a branch office, and pay the fees, register it as a branch location. If you conduct business in your other office, the FREC may make you register it. If you're conduction broker transactions, negotiations, and advertising to the public about your office, you are going to be registered. A temporary shelter in a subdivision is not a branch office if its intention is protection for associates and customers. It turns into a branch office if supplies are brought in, associated have to work there, business is conducted there, and transactions are completed there. You can't transfer one business branch registration to another location. So try to keep it open. Each office is its own fee and on registration, no matter if it closes down or stays open, that's it. You can reopen a closed office and not pay the fee if its within your renewal period. It's called requesting a reissuing branch license for free. If there is a huge subdivision with a model center at the center that associates conduct business in then that is now a branch office and the fee has to be paid and model center has to be registered.

real estate developers & subdividers
United Landmark Associates
http://www.unitedlandmark.com/
Javic Properties
3630 W Kennedy Blvd, Ste 200(813) 870-2838
http://javichomes.com/
First Industrial Realty Trust
5455 W Waters Ave, Ste 211Tampa, FL zip code
(813) 884-6161
(813) 889-9469 (fax)
(813) 889-9469 (fax)
http://www.firstindustrial.com/
regulation |ˌreg(y)əˈlā sh ən|
noun
1 a rule or directive made and maintained by an authority : planning regulations.
• [as adj. ] in accordance with regulations; of the correct type : regulation army footwear.
• [as adj. ] informal of a familiar or predictable type; formulaic; standardized : a regulation Western parody.
2 the action or process of regulating or being regulated : the regulation of financial markets.
You cannot false advertise, mislead, lie, cheat, commit fraud, steal, or do any of the other non good reputable things. You cannot mislead to induce a purchase or lease. You can't mislead anyone to buy anything from you.
mislead |misˈlēd|
verb ( past and past part. -led ) [ trans. ]
cause (someone) to have a wrong idea or impression about someone or something : the government misled the public about the road's environmental impact.
DERIVATIVES
misleader noun
If you provide real estate services, you are a broker. Period. Since advertising is part of real estate services, you are a broker. The advertisements are all under the brokerage. Bad sales person if you advertise in your name and neglect your broker. The sales associate is pretty much speaking in the brokers name. Misleading information is illegal. Brokers and the responsible associates will be disciplined by FREC is misleading is advertised. You can't get around the advertising: letterhead stationary, flyers, business card, yard sign, billboard, newspaper ad, internet, radio, and tv ads, and promotional material. Advertise so that a reasonable person can understand you. You cannot say you are a private entity if you are selling for a business. If broker reps, broker reps, period.
reasonable |ˈrēz(ə)nəbəl|
adjective
1 (of a person) having sound judgment; fair and sensible : no reasonable person could have objected.
• based on good sense : it seems a reasonable enough request | the guilt of a person on trial must be proved beyond reasonable doubt.
• archaic (of a person or animal) able to think, understand, or form judgments by a logical process : man is by nature reasonable.
2 as much as is appropriate or fair; moderate : a police officer may use reasonable force to gain entry.
• fairly good; average : the carpet is in reasonable condition.
• (of a price or product) not too expensive : a restaurant serving excellent food at reasonable prices | they are lovely shoes and very reasonable.
DERIVATIVES
reasonableness noun
ORIGIN Middle English : from Old French raisonable, suggested by Latin rationabilis ‘rational,’ from ratio (see reason ).
Write your brokerage name on all your ads. Don't forget the brokerage firm because the blind ad applies and you will get in trouble, and make sure the brokerage firm name is visible.
blind advertisement
An advertisement that
provides only a telephone number, a post office box, and/or an address
without the licensed name of the brokerage firm.
Anything that has to do with advertising, such as flyers, business cards, magnets, shirts, promotional material, etc, is a brokerage firm. Once licensed, put your last name in ad. So ad, brokerage firm, and last name. Let the broker supervise your ad. Broker is responsible for taking invalid ads off the advertising channels. Can only write my nickname if it's registered with the DBPR Amanda "Panda" Anseeuw. Put my after hours phone number on the ad as well as my business address, and always brokerage firm name. The details brokerage do not need to be included, the FREC says address and phone number unnecessary.
Actually, you can put your nickname if you also put your legal DBPR registered name... 1BR 2BTH condo on beach, new roof, recently painted, modern appliances, spacious floorplan, view of ocean, Brokerage Firm, Amanda "Panda" Anseeuw (mobile) xxx-xxx-xxxx
Print ads are different than internet ads. You have to put the point of contact information directly belo the brokerage firm information on a website.
point of contact information
Any means by which to
contact the brokerage firm or individual licensee including mailing
address(es), physical street address(es), e-mail address(es), telephone
number(s), or facsimile (FAX) telephone number(s); the brokerage firm's
name must be above, below, or adjacent to the point of contact
information.
Advertising real property does not apply to selling your own property. You have the ability to sell by owner. Ad may include seller phone number and property street address. Might be wise to say you are a licensed agent with expert knowledge if selling by owner, but I don't know yet. Write your license info is a for sale by owner sales contract. It's one of the standards of NAR REALTORS. Write you are a REALTOR even if you are for sale by owner. Your broker might have information so ask and the broker has policies. What if your broker makes you list your own property under the brokerage.
Telemarket through use of the telephone to market. Just because you're a telemarketer doesn't mean you market outside the law. The TCPA is the telephone consumer protection act of 1991 that the FEDS made.
telephone solicitation
The initiation of a
telephone call for the purpose of encouraging the purchase of, or
investment in, property, goods, or services.
Telephone soliciting is making a phone call to promote interest in a property. You can put yourself on the do not call list registered with the feds so that telemarketers cannot call you. Don't find out any information from anyone. A telemarketer must check the list before calling and can only call between 8am and 9pm. Charge to be on no call list $0.
Don't call https://www.donotcall.gov/
You can't just go around faxing people either. You have to have their expressed consent first. Rules for fax: have consent, write that faxee can opt out, respect the opt out, have an established business relationship.
JUNK FAX ADVERTISING: http://www.fcc.gov/guides/fax-advertising
FLORIDA DO NOT CALL REGISTRY http://www.freshfromflorida.com/Divisions-Offices/Consumer-Services
NATIONAL DO NOT CALL REGISTRY INFO: http://www.fcc.gov/encyclopedia/do-not-call-list
Another word for an escrow account is a trust account. When a buyer is serious about buying a property, he or she makes a deposit. The deposit shows the seller that the buyer is sincere in buying. A deposit is money delivered to the real estate company licensee as earnest money that the buyer will buy in good faith...
deposit
A sum of money, or its
equivalent, delivered to a real estate licensee as earnest money,
payment, or partial payment in connection with a real estate
transaction.
earnest money
Money given as good faith to accompany an offer to purchase or lease real property.
deposit |diˈpäzit|
noun
1 a sum of money placed or kept in a bank account, usually to gain interest.
• an act of placing money in a bank account : I'd like to make a deposit.
2 a sum payable as a first installment on the purchase of something or as a pledge for a contract, the balance being payable later : we've saved enough for a deposit on a house.
• a returnable sum payable on the rental of something, to cover any possible loss or damage.
earnest money
noun
money paid to confirm a contract.
Another word for earnest money, a deposit, or good faith money is a binder deposit.
An escrow is where this money is held... maybe, also known as a trust fund.
escrow account
An account for the deposit of money held by a third party in trust for another for safekeeping.
trust funds
Cash, checks, money
orders, or other items that can be converted to cash and that are held
by a third party in connection with a real estate transaction.
I trust that these funds will be there, in the escrow account or the trust fund account. Usually the 3rd party holding the money is disinterested in it.. like the money middle man of real estate. And then you have to get a bank involved to hold the escrow account with the sellers money in it for the buyer one day. You can't just use cashier's checks, cash, checks, and money orders in a trust fund, you can also use other valuable property such as a deed or maybe the title to a car or crane. Trust funds don't end there, a broker can hold a lease or rent deposit and security deposit too. Pretty much a real estate agent is a person working in between two properties that have a person behind each. Person + property = real estate agent = person plus means to buy property. Seller=property-agent-property-buyer and buyer=property-agent-property=seller. You can keep a rental deposit in the same escrow or trust as the earnest deposit. To stay organized: sales escrow and rental escrow accounts.
You can't just hold onto someones money for as long as you want and deposit it whenever you want. You have until the end of the next business day (not weekends) to report to employer-broker as a representative of the principal or customer. Keep track of your funds and employees because whoever receives money under you is your responsibility. Give me money when you get it.
immediately
How soon trust funds must be deposited into an escrow account according to Chapter 475, F.S.
immediately |iˈmēdē-itlē|
adverb
1 at once; instantly : I called immediately for an ambulance.
2 without any intervening time or space : she was sitting immediately behind me.
• in direct or very close relation : they would be the states most immediately affected by any such action.
conjunction chiefly Brit.
as soon as : let me know immediately she arrives.
adverb
1 at once; instantly : I called immediately for an ambulance.
2 without any intervening time or space : she was sitting immediately behind me.
• in direct or very close relation : they would be the states most immediately affected by any such action.
conjunction chiefly Brit.
as soon as : let me know immediately she arrives.
A broker can't just hold onto money either. The broker HAS to place into the escrow/trust account fast too, almost immediately. Broker has to take to bank no later than 3 business days after the associate gives it. Seller gives the associate money. The next day the associate gives the money to the broker (but it's a Saturday), so the broker has until Wednesday end of day to get the money in the bank. 3 days for the both of them to work together total. You can get an escrow check. The firm has three business days to deposit the escrow money. Starting with the first business day after (that's not a holiday). Don't take personal checks. Get them in the brokerage name. Whatever account the escrow is. It's not the end of the world to get a check in your name. Just sign the back and write for deposit only into the escrow account name and give to broker. You can't just go around accepting post dated checks. The buyer has to be okay with this post date as a sufficient deposit. The check must be protected by the firm and deposit as soon as its relevant. The broker is not responsible for the funds on the check if the funds never transfer to the broker account. You want an escrow account? Open an interest or non-interest in a credit union, savings association, or Florida commercial bank. YOU DON'T HAVE TO OPEN AN ESCROW ACCOUNT AS A BROKER. You can have an attorney escrow your funds, a Florida title company. A broker must be a signatory on all escrow accounts-- an FREC mandatory. The broker must sign every reconciliation from the bank every month and review, sign, and date the report. You can always have your bookkeeper sign. But don't just give the escrow responsibility to anyone. NO MATTER WHAT THE BROKER IS RESPONSIBLE.
signatory |ˈsignəˌtôrē|
noun ( pl. -ries)
a party that has signed an agreement, esp. a country that has signed a treaty : Bulgaria is a signatory to a variety of international human rights conventions | [as adj. ] the signatory states.
ORIGIN late 19th cent.: from Latin signatorius ‘of sealing,’ from signat- ‘marked (with a cross),’ from the verb signare.
noun ( pl. -ries)
a party that has signed an agreement, esp. a country that has signed a treaty : Bulgaria is a signatory to a variety of international human rights conventions | [as adj. ] the signatory states.
ORIGIN late 19th cent.: from Latin signatorius ‘of sealing,’ from signat- ‘marked (with a cross),’ from the verb signare.
I started doing yoga. It's such a deep stretch -- a stretch in places that needs to be stretched, an enlightening experience of freedom and a refreshing journey towards inner peace and happiness. I'm not sure the religion behind or culture behind but it is definitely a stretch worth waking up in the morning for. All my tensions and soreness are worked out by me on my yoga mat. And class is only an hour. It's great. I'm pretty sure I stretched all the right muscles for the right amount of time today. Now I'm going to build them all up this weekend and then let them all go in my yoga class. What a great teacher too. Thanks yoga!
yoga |ˈyōgə|
noun
a Hindu spiritual and ascetic discipline, a part of which, including breath control, simple meditation, and the adoption of specific bodily postures, is widely practiced for health and relaxation.
Back to escrow accounts, and I need to get my foot in the door in real estate, start somewhere to learn about real estate in the real world, and put all my new knowledge into practice. I'm only on unit 5 though, still have a lot to learn.
You are allowed to not open an escrow account and place your deposit with a title company or an attorney. You have to write the attorney name, address, and phone number, as well as the sales associate who prepared the title and the title company name. You can't wait more than 10 days to turn in the written request of the verification of the deposit: your broker must submit a written verification to the attorney or title company and this request must be in writing, just make sure no one is messing with your money. If the seller picks the title company or the attorney no official request by the broker has to be made. Within 10 days the broker must provide a copy of the verification to the seller. If you never get one from the title co. or attorney within the 10 days, then the seller's broker must get the info. within 10 days. If the seller is a FSBO without a broker, then the broker or the licensee must contact the seller. It's not always a one deposit deal. For every deposit you get, if there is more than, you have to get a verification of the deposit before 10 full days pass. I guess if you have your own account you can get a receipt of the deposit from the bank. If you are depositing into a attorney or title company, then you have up to 10 days to get the verification and give it to the seller and buyer. If buyer picks the attorney or title company then the verification is waived. I guess because the individual can get in contact with the deposit holder. If you are a broker with an escrow account, then the real estate license law governs you. If you are a title company or an attorney, real estate license law does not cover you. You will get a slap on the wrist for breaking the rules. The FREC can't touch an attorney or title company holding a deposit. As chapter 475 says, you have 3 business days to deposit the deposit and then 10 days to provide confirmation.
verification |ˌverəfiˈkā sh ən|
noun
the process of establishing the truth, accuracy, or validity of something : the verification of official documents.
• [often as adj. ] Philosophy the establishment by empirical means of the validity of a proposition.
• the process of ensuring that procedures laid down in weapons limitation agreements are followed.
ORIGIN early 16th cent.: from Old French or from medieval Latin verificatio(n-), from the verb verificare (see verify ).
There are rules with the title company holding the funds, or the attorney holding the funds:
the sales contract must also show your name, company name, telephone number and address. the broker must request a verification from you within 10 days and provide that verification to the seller within the same 10 days. licensee gets money = gives it to broker = gives it to attorney = requests verification = gives receipt to seller. This is one of the 61J2 rules.
Receipt:
verb [ trans. ] [usu. as adj. ] ( receipted)
mark (a bill) as paid : the receipted hotel bill.
• write a receipt for (goods or money) : all fish shall be receipted at time of purchase.
ORIGIN late Middle English : from Anglo-Norman French receite, from medieval Latin recepta ‘received,’ feminine past participle of Latin recipere. The -p- was inserted in imitation of the Latin spelling.
If you have an escrow account that gains money then you must ask all the people who are depositing with you to approve of you gaining money, consider it a small paycheck for a service provided. This acceptance of interest bearing account must be in writing. Make sure you write that the broker gets the interest earned. You have to get the written consent or else you are in trouble by the FREC.
permission |pərˈmi sh ən|
noun
consent; authorization : they had entered the country without permission | [with infinitive ] he had received permission to go to Brussels. See note at liberty .
• an official document giving authorization : permissions to reproduce copyright material.
ORIGIN late Middle English : from Latin permissio(n-), from the verb permittere ‘allow’ (see permit 1 ).
You are going to have escrow account (interest bearing), records, books, and files in compliance with Florida law and Commission rules and let someone look over them, who is authorized any time. Organization will keep you happy. Keep all records for 5 years. Write on the outside of the filing cabinet the year to shred all the expired documents. This includes bank receipts, funds, deposits, or checks. If you execute an agreement, you have to create a file and put buyer brokerage agreements, listing agreements, offers to purchase, rental property management agreements, rental lease agreements, and any other written or verbal agreement that engages the work of the broker. Make file notes of all you do. Put a piece of loose leaf in each file, and write on it, like a doctor takes notes on a patient to share with other doctors.
If the files are part of some court case (litigation) litigate |ˈlitəˌgāt|
verb [ intrans. ]
go to law; be a party to a lawsuit.
• [ trans. ] take (a claim or a dispute) to a court of law.
DERIVATIVES
litigation |ˌlitəˈgā sh ən| noun
litigative |ˈlitəˌgātiv| adjective
litigator |-ˌgātər| noun
ORIGIN early 17th cent.: from Latin litigat- ‘disputed in a lawsuit,’ from the verb litigare, from lis, lit- ‘lawsuit.’
then the file has to be held for 2 years after the case is closed.
- BROKER:
- escrow account in Florida bank, credit union, or savings association
- signatory on escrow account
- review, sign, and date the monthly reconciliation statements (I am guessing make a copy on a copy machine) have a copy machine around...
- review the company's escrow accounting features with associates
- open in escrow in florida or hire an attorney or title company (more work because you have to request a verification in 10 days, and always deposit in 3 days)
- maintain ALL broker records for 5 years and 2 years after litigation
WOW, EVERYTHING I JUST WROTE WAS ERASED. IT'S OK, I REMEMBER IT. SO YOU HAVE 15 DAYS TO TELL THE FREC AND 30 DAYS TO SETTLE A DISPUTE BY MEDIATING, ARBITRATING, LITIGATING, OR DISBURSING THE FUNDS.
INTERPLEADER WHEN BROKER HAS NO FINANCIAL INTEREST, DECLARATORY JUDGMENT WHEN BROKER HAS FINANCIAL INTEREST. YOU GET YOUR RIGHTS FROM A JUDGE.
mediation
An informal, nonadversarial process intended to reach a negotiated settlement that is not binding.
arbitration
A process whereby,
with the prior written consent of all parties to the dispute, the matter
is submitted to a disinterested third party who makes a binding
judgment.
litigation
One of the settlement
(escape) procedures that provides for the matter to be resolved in a
court of law when there are disputing parties regarding escrow funds.
interpleader
A legal proceeding
whereby the broker, having no financial interest in the disputed funds,
deposits with the court the disputed escrow deposit so that the court
can determine the rightful claimant.
You can get a EDO from the Commission.
If someone complains about you it doesn't matter because you followed all your rules. You are immune from disciplinary action.

escrow disbursement order (EDO)
A determination by the FREC of who is entitled to disputed funds. An EDO is requested by the broker to the Commission. Forget it if the money is in an attorney or titles escrow. If you are the broker with money in your escrow that is questioned by buyer and seller than EDO it. If the Commission declines the EDO then you must mediate, arbitrate, or litigate. Mediate is informal, arbitrate is a third party disinterested, and litigate is court room with judge where you get an inter pleader and are not responsible for money anymore or a declaratory judgement where you get what is said by judge.
interpleader |ˌintərˈplēdər|
noun Law
a suit pleaded between two parties to determine a matter of claim or right to property held by a third party.
ORIGIN mid 16th cent.: from Anglo-Norman French enterpleder, from enter- ‘between’ + pleder ‘to plead.’
noun Law
a suit pleaded between two parties to determine a matter of claim or right to property held by a third party.
ORIGIN mid 16th cent.: from Anglo-Norman French enterpleder, from enter- ‘between’ + pleder ‘to plead.’
Tell the commission which procedure you are enacting, even when they deny your EDO request. You have 10 days to inform the commission.
M: Mediation (non-binding) sign a consent (buyer and seller sign)
A: Arbitration (binding) sign a consent to enact arbitrators judgment
L: Litigation (court) binding
E: edo disbursement... request from commission, can be denied.
If someone complains about you it doesn't matter because you followed all your rules. You are immune from disciplinary action.
disciplinary |ˈdisəpləˌnerē|
adjective
concerning or enforcing discipline : a soldier will face disciplinary action after going absent without leave.
ORIGIN late 15th cent. (originally with reference to ecclesiastical order): from medieval Latin disciplinarius, from Latin disciplina, from discipulus ‘learner’ (see disciple ).
adjective
concerning or enforcing discipline : a soldier will face disciplinary action after going absent without leave.
ORIGIN late 15th cent. (originally with reference to ecclesiastical order): from medieval Latin disciplinarius, from Latin disciplina, from discipulus ‘learner’ (see disciple ).
HUD has own rules for broker participation agreement. It's okay to give money back to a condo buyer that shows the Condo Act an you don't have to report it to the Commission. If the buyer decides to breach the contract you can give back the escrow money without informing the Commission. Just make sure the seller isn't thinking the buyer is buying if she or she is not. Just keep a close connection circle of news and events, happening and occurrences, and follow the rules and laws. Also get documents from the REALTORs, and as a notary, I can notarize them. REALTOR provides forms to print such as release of escrow funds.
Juana Watkins, Director
Division of Real Estate
400 West Robinson Street, N801
Orlando, Fl 32801
Phone: 850.487.1395
Fax: 407.317.7245
400 West Robinson Street, N801
Orlando, Fl 32801
Phone: 850.487.1395
Fax: 407.317.7245
All of that is only when you have problems. If there are no problems, you are all good, just be sincere honest and loyal to the practice.
There is such thing as good faith doubt. Which is doubts about whose money is whose, in which case, within 15 days of the doubt, the FREC must be written contacted. You have 30 days to enact the Settlement Procedures Act they tell you to do. Good faith is good: it's honest and sincere: it's trustworthy and loyal.
good faith
A party's honest
intent to transact business, free from any intent to defraud the other
party, and generally speaking, each party's faithfulness to his or her
duties or obligations as set forth by contract.
good faith
noun
honesty or sincerity of intention : the details contained in this brochure have been published in good faith.
noun
honesty or sincerity of intention : the details contained in this brochure have been published in good faith.
If for any reason you think good faith is breached, contact the FREC. You will have to mediate, arbitrate, litigate, or ask the Commission for an EDO. You can read case laws to find out brokers who have been afraid someone was breaching good faith. Some red flags include:
- Seller and buyer terms mismatch.
- Someone says they don't want to close.
- A transaction fails and the money is still in the escrow. The broker send a certified notice letter requesting a return receipt, saying that someone wants the funds, and no one responds, the broker releases the money to the demanding party. Keep all your records for 5 years.
- Give broker deposit by next business day.
- Broker deposit within 3 days.
- Tell the FREC in writing in 15 days of conflicting demand.
- Enact one of the 4 procedures in 30 days.
- Tell the FREC in 10 days if an EDO is no longer needed.
If the money is outside the brokers escrow account, the broker doesn't have to notify the FREC, Commission, or enact and procedure. Whoever is in charge of the money disburses it when parties agree and are ready. A third party such as an attorney or title company will send the dispute to a court of law: litigation--- instead of an FREC or Commission resolution.
You can get a commission or partial compensation before a closing. You still have to put it in the escrow and document it within 3 days. After closing, you can move the money into your account (personal from escrow). You can do that with everything but a time share. There is something called a Time-Share act.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0721/0721.html
There is a rule for advertising rental property.
A brokerage can offer tenants a list of real estate for rent. It's free info, not for sale. A rental company advertising property must have a license to do so. Charge a fee to provide rental info. to a prospective tenant. You can give back 75% if written request within 30 days of a non buyer. If you mess up you have to give back all the money to the tenant. Tenant only has 30 days to request money back: verbally or written. I guess you keep 100% if you find the tenant a property, but what is this tenant fee for anyway? The FREC has guidelines to follow to receipt the agreement and the DBPR has to be notified of the agreement in 30 days. If you lie, advertise false or out of date info. you are illegal. Providing false info. gets you a first degree misdemeanor, 1 year jail or $1000 fine, and license suspended or revoked.

If you find information in a contract invalid you can demand your fee back within 30 days of messed up contract date. You don't rent so you can get back 75% of rental fee within 30 days says the Rule 61J2.

Low and behold, there are antitrust laws. An antitrust law doesn't let one person own another person.
You can't fix a split or fix a commission between competing brokers if you are a real estate board or an MLS. You are a criminal if you break antitrust laws. The open market should determine the rate, not the broker or the commission. So,

You determine your commission rate independently from other brokerages. Just make up your own rate. Don't even give someone the impression that the going rate is x or the normal commission rate is x. Forget it. The market is open and fair. There are people everywhere. You can meet with a broker and decide that a certain area is operated by one broker and not cross the boundary... called
Life is a stage we all play a part.
Commercial liens chapter 475 part IV also goes for leases on a commercial real estate property. Whoever is attached to the brokerage agreement, can be the landlord, can be the owner, must pay the commission or lien. Lien on tenant household estate, lien on landlord's interest in the commercial real estate. Then there's the sales associate commission. The sales associate gets money from the broker not from the buyer or seller.
There are three main domains of learning and all teachers should know about them and use them to construct lessons. These domains are cognitive (thinking), affective (emotion/feeling), and psychomotor (physical/kinesthetic). Each domain on this page has a taxonomy associated with it. Taxonomy is simply a word for a classification. All of the taxonomies below are arranged so that they proceed from the simplest to more complex levels. The ones discussed here are usually attributed to their primary author, even though the actual development may have had many authors in its formal, complete citation. Sign an independent contractor agreement with broker to receive your split. Give the associate a commission check but be sure all I's are dotted and T's are crossed: closing agent was given written authorization and instructions were known about the exact amount of commission, usually in a percentage. Sales associates can only operate under a broker. Broker owns listings and commission. Only file a complaint or suit against your employer and not against buyer or seller. All the deposits, listings, and commissions are accepted in the name of the broker. Usually there is a written or verbal consent. An associate works on behalf of a broker.

There are such things as real estate kickbacks, which include non earned fees for non real estate transactions.
Real estate brokerage is the brokerage between the buyer and the seller -- anyone else dealing with money, other than the escrow account holder -- is a kickback (unearned fee for non real estate services). Rebate is another name for a kickback. Such as:
There is a rule for advertising rental property.
A brokerage can offer tenants a list of real estate for rent. It's free info, not for sale. A rental company advertising property must have a license to do so. Charge a fee to provide rental info. to a prospective tenant. You can give back 75% if written request within 30 days of a non buyer. If you mess up you have to give back all the money to the tenant. Tenant only has 30 days to request money back: verbally or written. I guess you keep 100% if you find the tenant a property, but what is this tenant fee for anyway? The FREC has guidelines to follow to receipt the agreement and the DBPR has to be notified of the agreement in 30 days. If you lie, advertise false or out of date info. you are illegal. Providing false info. gets you a first degree misdemeanor, 1 year jail or $1000 fine, and license suspended or revoked.
If you find information in a contract invalid you can demand your fee back within 30 days of messed up contract date. You don't rent so you can get back 75% of rental fee within 30 days says the Rule 61J2.
Low and behold, there are antitrust laws. An antitrust law doesn't let one person own another person.
antitrust laws
State and federal laws designed to maintain and preserve business competition.
antitrust |ˌantēˈtrəst; ˌantī-|
adjective [ attrib. ]
of or relating to legislation preventing or controlling trusts or other monopolies, with the intention of promoting competition in business.
adjective [ attrib. ]
of or relating to legislation preventing or controlling trusts or other monopolies, with the intention of promoting competition in business.
Brokers don't charge a standard commission and those who try risk assets and careers. if there is a sign of resistance in trade, the Sherman Antitrust act, the Clayton antitrust act, and the Federal Trade commission come into play. If you fix a fee or fix a commission you are illegal.
price-fixing
Competing brokers conspire to establish a standard commission.
market allocation
An agreement between brokers to split up competitive market areas among themselves and not compete in each other's areas.
market |ˈmärkit|
noun
1 a regular gathering of people for the purchase and sale of provisions, livestock, and other commodities : farmers going to market.
• an open space or covered building where vendors convene to sell their goods.
2 an area or arena in which commercial dealings are conducted : the sale of cruisers in the American market continues to plummet. | the labor market.
• a demand for a particular commodity or service : there is a market for ornamental daggers.
• the state of trade at a particular time or in a particular context : the bottom's fallen out of the market.
• the free market; the operation of supply and demand : future development cannot simply be left to the market | [as adj. ] a market economy.
• a stock market.
verb ( -keted , -keting ) [ trans. ]
advertise or promote (something) : the product was marketed under the name “aspirin.”
• offer for sale : sheep farmers are still unable to market their lambs.
• [ intrans. ] buy or sell provisions in a market [as n. ] ( marketing): some people liked to do their marketing very early in the morning.
PHRASES
be in the market for wish to buy.
make a market Finance take part in active dealing in particular shares or other assets.
on the market available for sale : he bought every new gadget as it came on the market.
DERIVATIVES
marketer noun
ORIGIN Middle English , via Anglo-Norman French from Latin mercatus, from mercari ‘buy’ (see also merchant ).
noun
1 a regular gathering of people for the purchase and sale of provisions, livestock, and other commodities : farmers going to market.
• an open space or covered building where vendors convene to sell their goods.
2 an area or arena in which commercial dealings are conducted : the sale of cruisers in the American market continues to plummet. | the labor market.
• a demand for a particular commodity or service : there is a market for ornamental daggers.
• the state of trade at a particular time or in a particular context : the bottom's fallen out of the market.
• the free market; the operation of supply and demand : future development cannot simply be left to the market | [as adj. ] a market economy.
• a stock market.
verb ( -keted , -keting ) [ trans. ]
advertise or promote (something) : the product was marketed under the name “aspirin.”
• offer for sale : sheep farmers are still unable to market their lambs.
• [ intrans. ] buy or sell provisions in a market [as n. ] ( marketing): some people liked to do their marketing very early in the morning.
PHRASES
be in the market for wish to buy.
make a market Finance take part in active dealing in particular shares or other assets.
on the market available for sale : he bought every new gadget as it came on the market.
DERIVATIVES
marketer noun
ORIGIN Middle English , via Anglo-Norman French from Latin mercatus, from mercari ‘buy’ (see also merchant ).
Market, a word with many important meanings.
Commission aren't set in stone. A commission is negotiated and the broker buyer and seller should negotiate a commission. You can get a judicially determined commission, but the FREC and Florida law do not regulate the commission amount. You can share your commission with someone involved in the transaction says Chapter 475. And you have to fully disclose.
If you earn a commission you are entitled to it and have the Commercial Real Estate Liens Act Chapter 475 Part III to back you up. Hence the word commercial, only commercial property. The lien is on the personal property of the owner not the real commercial property asset.
You have to let the seller (owner) know that you have broker lien rights before the broker agreement for the listing is executed. Chapter 475 III - lien rights for broker, if disclosed and agreed beforehand, so the seller can't just neglect the commission. So the brokerage agreement says the fees the owner agrees to pay the broker for licensed real estate services. A broker can apply the brokerage agreement with the lien act signed that unpaid will turn into paid. Once the Commission knows, the commission can be owed. Priority starts once the lien is filed, not once the brokerage agreement is signed.
COMMISSION COMMISSION
There are three main domains of learning and all teachers should know about them and use them to construct lessons. These domains are cognitive (thinking), affective (emotion/feeling), and psychomotor (physical/kinesthetic). Each domain on this page has a taxonomy associated with it. Taxonomy is simply a word for a classification. All of the taxonomies below are arranged so that they proceed from the simplest to more complex levels. The ones discussed here are usually attributed to their primary author, even though the actual development may have had many authors in its formal, complete citation. Sign an independent contractor agreement with broker to receive your split. Give the associate a commission check but be sure all I's are dotted and T's are crossed: closing agent was given written authorization and instructions were known about the exact amount of commission, usually in a percentage. Sales associates can only operate under a broker. Broker owns listings and commission. Only file a complaint or suit against your employer and not against buyer or seller. All the deposits, listings, and commissions are accepted in the name of the broker. Usually there is a written or verbal consent. An associate works on behalf of a broker.
There are such things as real estate kickbacks, which include non earned fees for non real estate transactions.
kickback
A broker receives
money from someone other than the buyer or the seller, such as for
referring a buyer or seller to a particular vendor for services.
Real estate brokerage is the brokerage between the buyer and the seller -- anyone else dealing with money, other than the escrow account holder -- is a kickback (unearned fee for non real estate services). Rebate is another name for a kickback. Such as:
- Tell buyers and seller about your kickbacks (how much you make and from whom)-The only people that can be paid are the ones that perform the service like the appraisers, credit report providers, surveyors, attorney providing service, title insurance providers, title search providers, and settlement closing services -- RESPA says no kickbacks or unearned fees. RESPA - real estate procedures act.-You can't give someone a kickback for doing licensed required work unlicensed. You can't give anyone involved a kickback without asking the broker first. Anyone associated with the transaction who is legal is eligible for a kickback.-Licensees can't share kickbacks or commissions with unlicensees.-Someone without a license gives you a referral. You can't pay them.-A tenant of an apartment complex can get up to $50 for bringing in another tenant to the apartment complex. (a kickback)LEGAL VS ILLEGAL
Florida law allows a real estate licensee to share part of the
commission with the buyer or seller in a real estate transaction,
provided the rebate is disclosed to all interested parties. Sharing a
portion of the commission with a party to the transaction is an example
of a legal kickback or rebate.
A broker may place a lien on residential real property for nonpayment of commission provided the broker is expressly authorized to do so in a contractual agreement.
LOL THIS IS REAL? http://psychcentral.com/blog/archives/2014/03/19/living-with-extreme-sound-sensitivity/
I don't know how the mind holds such a memory. Or maybe memory is just a progress of learning. Learning about the world, the parts of the world, and the people in the world.
A broker may place a lien on residential real property for nonpayment of commission provided the broker is expressly authorized to do so in a contractual agreement.
LOL THIS IS REAL? http://psychcentral.com/blog/archives/2014/03/19/living-with-extreme-sound-sensitivity/
I don't know how the mind holds such a memory. Or maybe memory is just a progress of learning. Learning about the world, the parts of the world, and the people in the world.
(Images from Google Images and Yahoo Images. Thanks to the providers.) Also, big thanks to macbook pro dictionary.
If you change employers: You have no license if you have no employer. Give the DPBR a change of status form within 10 days including the name and address of new employer. Employer must sign the DBPR form and give it to the DBPR as associate registered. You can also let the DBPR know you are not working for the employer anymore. Don't ever talk bad about your employer. You'll get in trouble for breach of fiduciary. There is a fiduciary bond between a broker and associate. Don't break the bond. Just work or not work. Be registered employer or not. Using info. to hurt someone is unethical and illegal. You can't take a broker clients with you. You are obligated to the broker even after your employment is terminated. Never tell anyone confidential information. Don't discredit the former employer or hurt the employer's good will. Don't copy anything like records or listings or any confidential information without permission from the broker. Records are property and stealing records is illegal and it's called larceny. You are a criminal and the FREC and court can get you.
larceny |ˈlärs(ə)nē|
noun ( pl. -nies)
theft of personal property. See also grand larceny , petty larceny .
DERIVATIVES
larcener |-nər| noun ( archaic)
larcenist |-nist| noun
larcenous |-nəs| adjective
ORIGIN late 15th cent.: from Old French larcin, from Latin latrocinium, from latro(n-) ‘robber,’ earlier ‘mercenary soldier,’ from Greek latreus.
Read the policies and procedures manual.
policy manual
A collection of office
rules and regulations created to inform sales associates and employees
of the standards and procedures in that particular office.
A nice hotel is similar to a nice building. Both fine pieces of real estate. Owning one may get you the other but going to one will not get you the other.
There are various types of business organizations.
- Sole proprietorship
- Partnership (limited and general)
- Limited liability partnership
- Corporations
- Limited Liability Companies
Just ask Chapter 475 that says a broker is a general partner, officer, or director of a partnership or organization that acts as a real estate broker.
Brokers can be:
- Corporation (foreign and domestic)
- Partnership (general and limited)
- Sole proprietorship
- Limited Liability Company
- Limited Liability Partnership
corporation |ˌkôrpəˈrā sh ən|
noun
a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law.
• (also municipal corporation) a group of people elected to govern a city, town, or borough.
• dated humorous a paunch.
ORIGIN late Middle English : from late Latin corporatio(n-), from Latin corporare ‘combine in one body’ (see corporate ).
noun
a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law.
• (also municipal corporation) a group of people elected to govern a city, town, or borough.
• dated humorous a paunch.
ORIGIN late Middle English : from late Latin corporatio(n-), from Latin corporare ‘combine in one body’ (see corporate ).
partnership |ˈpärtnərˌ sh ip|
noun
the state of being a partner or partners : we should go on working together in partnership.
• an association of two or more people as partners : an increase in partnerships with housing associations.
• a business or firm owned and run by two or more partners.
• a position as one of the partners in a business or firm.
noun
the state of being a partner or partners : we should go on working together in partnership.
• an association of two or more people as partners : an increase in partnerships with housing associations.
• a business or firm owned and run by two or more partners.
• a position as one of the partners in a business or firm.
limited partner
noun
a partner in a company or venture who receives limited profits from the business and whose liability toward its debts is legally limited to the extent of his or her investment.
noun
a partner in a company or venture who receives limited profits from the business and whose liability toward its debts is legally limited to the extent of his or her investment.
You cannot open a brokerage and be a: corporation sole, joint venture, business trust, cooperative association, unincorporated associated.
Brokerages must register with the DBPR. When your corporations registers, give the DBPR your name and licensed and unlicensed general partners, officers, and directors. When your member managed LLC registers give the DBPR those names too. A sales associate and broker associate are not partners, member managers, officers, or directors.
A sole proprietorship is a business owned by one person making it easy to organize and simple to operate. You can own and operate your own brokerage if you have a valid license and sole proprietorship. A sole proprietor can use own name or trade name. You can have employees as a sole proprietorship and you are responsible for their actions. To finish your brokerage you have to seize activity (no more listings), notify the Commission, deactivate your license, or die.
You can be in a general partnership with another person or more people and conduct business together.
The rules to real estate brokerage partnerships:
Brokerages must register with the DBPR. When your corporations registers, give the DBPR your name and licensed and unlicensed general partners, officers, and directors. When your member managed LLC registers give the DBPR those names too. A sales associate and broker associate are not partners, member managers, officers, or directors.
A sole proprietorship is a business owned by one person making it easy to organize and simple to operate. You can own and operate your own brokerage if you have a valid license and sole proprietorship. A sole proprietor can use own name or trade name. You can have employees as a sole proprietorship and you are responsible for their actions. To finish your brokerage you have to seize activity (no more listings), notify the Commission, deactivate your license, or die.
sole proprietorship
A business owned by one person with no legal separation between the owner and the business.
You can be in a general partnership with another person or more people and conduct business together.
general partnership
An association of two
or more persons for the purpose of jointly conducting a business
together and each to share the profits and losses of the business. So far I'd like to open a sole proprietorship because I don't know anybody with my designations, but can one day maybe. Everyone shares equal responsibility. You can bind partner(s) in transaction, and you share an agreed profit. Just make a written, oral, or implied contract with your partners to create a general partnership.
The rules to real estate brokerage partnerships:
- DBPR accepts registration of partnership name
- 1 broker required to be a brokerage
- Licensed broker only can deal with public to perform real estate services, just like only a surgeon can perform surgery, and only an auctioneer can auction
- Your partner cannot be a sales associate or a broker associate if you are a broker. Say an appraiser/auctioneer and surveyor wants to own a brokerage partnership with you that also has a sales associate and broker associate office and a meeting room for weekly updates
- Report any change in brokerage partnership to DBPR
- You have to replace your broker if you lose your broker
- Your broker has to be active to practice real estate
- You have 14 days to replace a broker
- DBPR changes licensees into involuntary inactive status without a broker, new, or replaced broker
- Partners responsible for keeping alive licenses active with the DBPR
limited partnership
One or more general partners and one or more limited partners.
You have to have 1 or more general partners or one or more limited partners. A limited partner makes an investment of cash or property but not of services. Rules:
- DBPR registers your limited partnership name
- To deal in real estate to have to hold an active current license
- 1 or more partners licensed as a broker
- Give names and addresses of all other limited partners
- No sales associate or broker associate can be a general partner in a general partnership or limited partnership, but in a limited partnership can be a limited partner. A limited partner in a limited partnership from a sales associate or broker associate is similar to a stockholder in a corporation. Stockholder:shareholder: owner of shares in a company.
- Do not register a limited partner with the DBPR.
Then you have an ostensible partnership: which is a quasi partnership: created by accident.
You can either put your legal name as your brokerage name or you can make a trade name that you made up to call your brokerage. A trade name is also a fictitious name because you made it, like Marshall Mathers is Eminem and so on. I wonder if Madonna's real name is that? So a trade name is T/A is trading as. Amanda D/B/A Sammy is Amanda Doing Business as Sammy. A business entity and sole proprietor can operate under a T/A or a D/B/A. Register your trade name with the DBPR then you can use it. Chapter 475 which is license law does not make you register your trade name if you are a sole proprietor or a brokerage entity. And you can never use someone elses trade name. Especially if it is registered. If you are a partnership or a corporation, you have to comply with the fictitious name laws (FFNA) and register your fictitious name with the Department of State. However, a broker associate and sales associate must have the license in their own name. A sales or broker associate cannot be registered under a trade name. A sales associate or broker associate is allowed to form a professional corp, llc, or professional limited liability company. When you open a corp you get the license in your name then the Department puts LLC or Corp of PA on your license face. Professional corporation = professional association = PA. Also, a professional limited company needs PL and an LLC would get llc and a limited company would get LC. So you can be an associate with a license in your name and open a corp, partnership, or llc, or lp. A sales associate or broker associate works under a broker with an active license no matter what. An LLC, corp, or LC is not a brokerage. A broker can open a brokerage, and it has to be active, and has to be whatever you want like an LLC, LC, PA, or LC.
A broker can only operate under a trade name if it is registered and appearing on state license and the Commission knows about it. You also can't be partner without registering the partnership.
"No person shall operate as a broker under a trade name without causing the trade name to be noted in the records of the Commission and placed on his license, or so operate as a member of a partnership or as a corporation or as an officer or manager thereof, unless such partnership or corporation is the holder of a valid current registration.
Reference: Section 475.42, F.S."
You can hire a personal assistant to:
ostensible partnership
The parties do not
form a real partnership but act or do business in such a manner that the
public, having no knowledge of the private relations of the parties,
would reasonably be deceived into believing that a partnership exists. The general public thinks you have a private partnership but you don't. A court may say a partnership exists.You can be held for each others debts and torts (wrongful acts). If you act in such a way your license can be suspended. You can do business in the same office building as another broker provided you each have your own office and office sign and your own phone number, your own business card, your own letterhead, and your own business name. Don't create an ostensible partnership. It's too complicated.
And then you have limited liability parterships: LLPs: where you get the same protection from partners as you do in a limited partnership.
limited liability partnership
Features protection from personal liability in much the same way as limited partners in a limited partnership.
If a problem arises with contract, errors, omissions, negligence, malpractice, or wrongful acts you are not responsible, no matter if it's a another partner, agent, employee, associate, or representative. You are responsible for your own errors, as a partners, and anyone under your direct supervision for their errors as well such as omissions, and wrongful acts. Limited partnerships have different imposed limitations than LLPs. Registerd LLPs must file with the Florida State Department. You must write in your business name that you are an LLP whether Limited Liability Partnership or LLP. Amanda's LLP.
Now this is interesting: a corporation is created by law and consists of one or more people. A corporation is an artificial person or legal entity. Just file articles of incorporation with the Department of State to become a corporation. A foreign and domestic entity can register as a brokerage. Foreign: corp in another state practicing in FL. Domestic: brokerage incorporated in FL doing business in FL. An owner is a stockholder. Board of directors elected by the stockholders. Board consists of officers, president, vice president, secretary, treasurer, who carry out the board directives: similar to a sorority house or student council. Corporation similar to student council, where each member has a share. After you provide proof of legal corporate existence you can open a real estate brokerage with Florida. You need many members to form a corp: officers, pres, vp, secretary, and treasurer, who are the board. Rules:
Now this is interesting: a corporation is created by law and consists of one or more people. A corporation is an artificial person or legal entity. Just file articles of incorporation with the Department of State to become a corporation. A foreign and domestic entity can register as a brokerage. Foreign: corp in another state practicing in FL. Domestic: brokerage incorporated in FL doing business in FL. An owner is a stockholder. Board of directors elected by the stockholders. Board consists of officers, president, vice president, secretary, treasurer, who carry out the board directives: similar to a sorority house or student council. Corporation similar to student council, where each member has a share. After you provide proof of legal corporate existence you can open a real estate brokerage with Florida. You need many members to form a corp: officers, pres, vp, secretary, and treasurer, who are the board. Rules:
- Register your corporation name with the DBPR by completing the brokerage corporation application
- 1 of 5 officers has to be active licensed broker.
- An officer or director can be licensed or unlicensed - if you deal with real estate you have to be actively licensed.
- Register all your officers and directors with the DBPR -- like sorority Director of Apparel under VP finance, director of RUSH, VP programming etc. Write the officer/director name, residence address, office held, and percentage of ownership in the management information section.
- An unlicensed member can only perform managerial duties such as administrative duties, bookkeeping and accounting matters. Qualifies for unlicensed and inactive members.
- If you are a sales associate or a broker associate you cannot be a director or officer of brokerage. If you do it behind the DBPR or DOS back, you get a fine.
- If you are a sales associate or a broker associate you can be a shareholder.
- 14 days to fill the seat of the dead active broker. Get approval from state before re-practicing. This gives you 14 days to grieve, mourn, and fill the shoes. After 14 days your licenses become involuntary inactive and the brokerage registration is cancelled. Brokerage with more than 1 active broker where 1 dies stays the same. Officers in charge of everyone keeping active and current licenses. Kind of like sorority president telling us to keep our grades up from Panhellenic.
A LLC is a limited liability company: offers best parts of a corporation and a partnership. owners are protected from a business debt and personal liability like in a corp. LLC is a partnership to the IRS. One time taxed. Incomes and deductions are flexible. Chapter 608 forms LLCS.
limited liability company (LLC)
A form of business
organization that offers the best features of a corporation and a
partnership; members of a LLC are protected from personal liability as
in a corporate form of ownership and the tax advantages of a
partnership.
A corporation sole is an ecclesiastical or church and cannot be a real estate brokerage. A joint venture cannot form a brokerage but only a one time joint venture to join forces. You can join a joint venture with another licensed and active broker and do not have to register with the DBPR because you are already registered. A business trust can buy real property but cannot be a brokerage. Any broker involved has to be licensed. A business trust money is used to develop real estate including buying and selling own real estate. Title is under the business trust name group. You can be a cooperative associate and buy and sell commercial real estate but you can't be a brokerage. Unincorporated associations cannot be real estate brokerage.
You can either put your legal name as your brokerage name or you can make a trade name that you made up to call your brokerage. A trade name is also a fictitious name because you made it, like Marshall Mathers is Eminem and so on. I wonder if Madonna's real name is that? So a trade name is T/A is trading as. Amanda D/B/A Sammy is Amanda Doing Business as Sammy. A business entity and sole proprietor can operate under a T/A or a D/B/A. Register your trade name with the DBPR then you can use it. Chapter 475 which is license law does not make you register your trade name if you are a sole proprietor or a brokerage entity. And you can never use someone elses trade name. Especially if it is registered. If you are a partnership or a corporation, you have to comply with the fictitious name laws (FFNA) and register your fictitious name with the Department of State. However, a broker associate and sales associate must have the license in their own name. A sales or broker associate cannot be registered under a trade name. A sales associate or broker associate is allowed to form a professional corp, llc, or professional limited liability company. When you open a corp you get the license in your name then the Department puts LLC or Corp of PA on your license face. Professional corporation = professional association = PA. Also, a professional limited company needs PL and an LLC would get llc and a limited company would get LC. So you can be an associate with a license in your name and open a corp, partnership, or llc, or lp. A sales associate or broker associate works under a broker with an active license no matter what. An LLC, corp, or LC is not a brokerage. A broker can open a brokerage, and it has to be active, and has to be whatever you want like an LLC, LC, PA, or LC.
A broker can only operate under a trade name if it is registered and appearing on state license and the Commission knows about it. You also can't be partner without registering the partnership.
"No person shall operate as a broker under a trade name without causing the trade name to be noted in the records of the Commission and placed on his license, or so operate as a member of a partnership or as a corporation or as an officer or manager thereof, unless such partnership or corporation is the holder of a valid current registration.
Reference: Section 475.42, F.S."
You can hire a personal assistant to:
- answer the phone and forward calls
- fill out and submit listings and changes to any MLS
- follow up on loan commitments after a contract has been negotiated and generally secure the status reports on the loan progress
- assemble documents for closing
- secure documents (public records) from courthouse, utility district, etc.
- have keys made for company listings, order surveys, termite inspections, home inspections, and home warranties with the license employer's approval
- write ads for the approval of the licensee and the supervising broker, and place advertising (newspaper ads, updating websites, etc), prepare flyers and promotional material for approval by licensee and supervising broker
- receive, record, and deposit earnest money, security deposits, and advance rents
- only type the contract forms for approval by licensee and supervising broker
- monitor licenses and personal files
- compute commission checks
- place signs on property
- order items of repair as directed by licensee
- prepare flyers and promotional information for approval by licensee and supervising broker
- act as a courier service to deliver documents, pick up keys
- place routine calls on late rent payments
- schedule appointments for licensee to show a listed property
- those tasks were approved by the FREC
personal assistants
Individuals hired by a
licensee to perform administrative tasks associated with real estate
transactions. The tasks performed by a personal assistant determines
whether the assistant must be a real estate licensee. "Unlicensed personal assistants help with routine office activities, such
as mass mailings, writing ads, and preparing market analyses. Licensees
who use personal assistants do so to increase their customer base and
improve service."
"Unlicensed personal assistants may not be paid commission or compensated
on a transactional basis. Unlicensed personal assistants are considered
employees of the sales associate. They are under the control of their
employer (the sales associate). Employing sales associates must comply
with all state and federal employment laws."
You must be licensed to show a property.
A licensed personal assistant must be registered under the employing broker, and the broker must pay the assistant for brokerage activities. A sales associate may pay the licensed personal assistant for nonbrokerage activities on a salaried or an hourly basis. A sales associate may not compensate a personal assistant for brokerage activities that require a license.
(from my course)
Great reference page for rules! http://www.floridarealtors.org/legalcenter/askanattorney/escrow-legal-faqs.cfm
A licensed personal assistant must be registered under the employing broker, and the broker must pay the assistant for brokerage activities. A sales associate may pay the licensed personal assistant for nonbrokerage activities on a salaried or an hourly basis. A sales associate may not compensate a personal assistant for brokerage activities that require a license.
(from my course)
Great reference page for rules! http://www.floridarealtors.org/legalcenter/askanattorney/escrow-legal-faqs.cfm
Most everything is man made. Building, codes, binders to bind pages in, rules, chapters.
Sometimes the only personal advice to get is advice. Sometimes the only business direction to get is direction.
Sometimes the only personal advice to get is advice. Sometimes the only business direction to get is direction.
Be happy for happy moments. Sadness can come like mystery. Don't ever fade into the abyss. Go with your dreams and your plans. Attack your life.
Everything is brighter in the morning. :) Bright happy people.
Everything is brighter in the morning. :) Bright happy people.
Some of these are trick questions:
A sales associate may not continue to perform real estate activities
until the associate is properly registered under a new employing broker.
A sales associate who wants to continue to perform real estate services
should not delay and should register under the new employer
immediately. Pay attention! 
*If you are in school for real estate and want to work real estate office from now until your licensed is issued: sign up.
Beyond words: Poseidon Sea Resort in Fiji. http://www.poseidonresorts.com/#
Every room has a double bed and huge windows of acrylic plastic which
fade into the ceiling allowing stunning views of the crystal clear blue
water and the inhabitants of the ocean which can be fed directly from
the rooms with a special remote control. All guests can use a submarine
or a special tunnel from the beach to get into the resort’s restaurant,
bar or spa. A week at the Poseidon Undersea Resort from Fiji costs
$30,000 per coupe and it includes transportation from the International
Airport of Fiji, four nights in a luxury beachfront or over water villa,
two nights in a luxury underwater suite, diving onboard a luxury
expedition submarine outside the lagoon and many more attractions. They outdid themselves.

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