News & Information: Orando REALTOR® magazine - Case Study

Aiding And Abetting

Tuesday, March 31, 2015  
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Orlando REALTOR® | March/April 2015

Even when you have a license, unlicensed real estate activity is a threat

A complaint was filed with the Florida Department of Business and Professional Regulation against a licensed real estate sales associate. Between 2011 and 2012, the licensed real estate sales associate had assisted his unlicensed wife and her unlicensed property management business with the management of a residential property. The unlicensed property management services included the procurement of tenants, the execution of leases, and the acceptance of deposits and rent. The sales associate’s broker was not privy to the property management agreement.

An administrative complaint was filed by the department for violating Section 455.227(1)(j), Florida Statutes, as the real estate sales associate had aided and assisted the unlicensed practice of a licensed profession.

The sales associate disputed issues of material fact and elected to appear before the Division of Administrative Hearings. Prior to the hearing, the department and sales associate entered into a proposed stipulation whereby the sales associate agreed to voluntarily relinquish his real estate license. The Florida Real Estate Commission accepted the stipulation.

Source: Florida Department of Business and Professional Regulation

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