News & Information: Orando REALTOR® magazine - Case Study

Truth Or Consequences

Tuesday, November 4, 2014  
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Orlando REALTOR® | October/November 2014

The DBPR takes serious offense to failure to update a pending license application

A complaint was filed with the Florida Department of Business and Professional Regulation against a licensed real estate associate. Between 2011 and 2013, the sales associate, without the participation of her broker, managed a residential rental property.

The sales associate’s services included the procurement of tenants, the execution of leases and renewals, and the acceptance of deposits and rent. During the course of the investigation, the sales associate, who had recently applied for a broker license, failed to update her pending application to disclose the ongoing investigation.

An administrative complaint was filed by the Department for violating Section 475.42(1)(b), Florida Statutes (operating as a broker without sufficient licensure); Section 475.42(1)(d), Florida Statutes (accepting money in connection with a real estate brokerage transaction in a name other than that of her broker); Rule 61J2-14.009, Florida Administrative Code (failing to deliver a deposit to her broker by the end of the next business day); and Rule 61J2-2.027(2)(c), Florida Administrative Code (failing to disclose on her license application the ongoing investigation of her sales associate license).

The sales associate disputed issues of material fact and elected to enter into a settlement negotiation with the department. The department and sales associate entered into a proposed stipulation whereby the sales associate was required to pay fines, costs, and attend a two-day Florida Real Estate Commission meeting. The Florida Real Estate Commission accepted the stipulation.

Source: Florida Department of Business and Professional Regulation

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