475.01
Definitions.
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475.01 Definitions.—
(1) As used in this part:
(a) “Broker” means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. A broker renders a professional service and is a professional within the meaning of s. 95.11(5)(b). Where the term “appraise” or “appraising” appears in the definition of the term “broker,” it specifically excludes those appraisal services which must be performed only by a state-licensed or state-certified appraiser, and those appraisal services which may be performed by a registered trainee appraiser as defined in part II. The term “broker” also includes any person who is a general partner, officer, or director of a partnership or corporation which acts as a broker. The term “broker” also includes any person or entity who undertakes to list or sell one or more timeshare periods per year in one or more timeshare plans on behalf of any number of persons, except as provided in ss. 475.011 and 721.20.
(b) “Broker associate” means a person who is qualified to be issued a license as a broker but who operates as a sales associate in the employ of another.
(c) “Commission” means the Florida Real Estate Commission.
(d) “Customer” means a member of the public who is or may be a buyer or seller of real property and may or may not be represented by a real estate licensee in an authorized brokerage relationship.
(e) “Department” means the Department of Business and Professional Regulation.
(f) “Fiduciary” means a broker in a relationship of trust and confidence between that broker as agent and the seller or buyer as principal. The duties of the broker as a fiduciary are loyalty, confidentiality, obedience, full disclosure, and accounting and the duty to use skill, care, and diligence.
(g) “Involuntarily inactive status” means the licensure status that results when a license is not renewed at the end of the license period prescribed by the department.
(h) “Principal” means the party with whom a real estate licensee has entered into a single agent relationship.
(i) “Real property” or “real estate” means any interest or estate in land and any interest in business enterprises or business opportunities, including any assignment, leasehold, subleasehold, or mineral right; however, the term does not include any cemetery lot or right of burial in any cemetery; nor does the term include the renting of a mobile home lot or recreational vehicle lot in a mobile home park or travel park.
(j) “Sales associate” means a person who performs any act specified in the definition of “broker,” but who performs such act under the direction, control, or management of another person. A sales associate renders a professional service and is a professional within the meaning of s. 95.11(5)(b).
(k) “Single agent” means a broker who represents, as a fiduciary, either the buyer or seller but not both in the same transaction.
(l) “Transaction broker” means a broker who provides limited representation to a buyer, a seller, or both, in a real estate transaction, but does not represent either in a fiduciary capacity or as a single agent. In a transaction broker relationship, a buyer or seller is not responsible for the acts of a licensee. Additionally, the parties to a real estate transaction are giving up their rights to the undivided loyalty of a licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties.
(m) “Voluntarily inactive status” means the licensure status that results when a licensee has applied to the department to be placed on inactive status and has paid the fee prescribed by rule.
(2) The terms “employ,” “employment,” “employer,” and “employee,” when used in this chapter and in rules adopted pursuant thereto to describe the relationship between a broker and a sales associate, include an independent contractor relationship when such relationship is intended by and established between a broker and a sales associate. The existence of such relationship shall not relieve either the broker or the sales associate of her or his duties, obligations, or responsibilities under this chapter.
(3) Wherever the word “operate” or “operating” as a broker, broker associate, or sales associate appears in this chapter; in any order, rule, or regulation of the commission; in any pleading, indictment, or information under this chapter; in any court action or proceeding; or in any order or judgment of a court, it shall be deemed to mean the commission of one or more acts described in this chapter as constituting or defining a broker, broker associate, or sales associate, not including, however, any of the exceptions stated therein. A single such act is sufficient to bring a person within the meaning of this chapter, and each act, if prohibited herein, constitutes a separate offense.
(4) A broker acting as a trustee of a trust created under chapter 689 is subject to the provisions of this chapter unless the trustee is a bank, state or federal association, or trust company possessing trust powers as defined in s. 658.12.
History.—s. 1, ch. 12223, 1927; CGL 4062; s. 1, ch. 29983, 1955; s. 1, ch. 59-199; s. 1, ch. 59-197; s. 1, ch. 59-438; ss. 30, 35, ch. 69-106; s. 1, ch. 75-112; s. 7, ch. 75-184; s. 3, ch. 76-168; s. 1, ch. 77-239; s. 1, ch. 77-355; s. 1, ch. 77-457; s. 1, ch. 78-215; s. 1, ch. 78-366; ss. 2, 42, 43, ch. 79-239; ss. 2, 3, 5, ch. 80-405; ss. 2, 3, ch. 81-318; ss. 5, 38, ch. 82-1; ss. 18, 45, ch. 82-179; ss. 1, 28, 30, ch. 88-20; s. 1, ch. 89-368; s. 10, ch. 90-228; s. 10, ch. 90-341; s. 13, ch. 90-345; ss. 2, 10, ch. 91-89; s. 1, ch. 91-289; s. 4, ch. 91-429; s. 2, ch. 93-261; s. 134, ch. 94-119; s. 159, ch. 94-218; s. 1, ch. 94-337; s. 1, ch. 97-42; s. 361, ch. 97-103; s. 1, ch. 98-250; s. 1, ch. 99-384; s. 1, ch. 2002-233; ss. 1, 22, ch. 2003-164; s. 78, ch. 2004-5; s. 2, ch. 2022-178; s. 13, ch. 2023-15; s. 10, ch. 2024-183.
Notes of Decisions
Cited in 76
cases (3 in the last 5 years), 1950–2026 · leading case: Florida Real Estate Commission v. McGregor
Florida Real Estate Commission v. McGregor (1976)
“NOTES [1] For our purposes the pertinent portions of Section 475.01, Florida Statutes, are as follows: "(2) Every person who shall, in this state, for another, and for a compensation .”
Shochet Securities, Inc. v. First Union Corp. (1987)
“80-405) gave notice that it was “redefining ‘broker’ and ‘real property’ as used in provisions relating to real estate brokers, salesmen and schools.”
In Re Vilsack (2006)
“In almost every case cited by the Trustee, the disputed contract was unenforceable because the unlicensed person sought to collect commissions for performance of the type of services enumerated in Fla. Stat. § 475.01 (3). See Global Resorts, Inc.”
Resort Timeshare Resales, Inc. v. Stuart (1991)
“, and LAWRENCE COHEN (collectively “RTR”) have sued to challenge the constitutionality of Section 475.01(1)(c), Florida Statutes, which, pursuant to an amendment effective October 1, 1989 (the “Amendment”), requires persons who advertise timeshare units for sale or rent to…”
Linville v. Ginn Real Estate Co., LLC (2010)
“01(l)(a) (Count IX); (10) damages as a result of Defendant GREC’s breach of fiduciary or statutory duty under Florida Statute §§ 475.01(1) and 475.278 (Count X); (11) damages as a result of Defendant GREC’s constructive Fraud under for violation of Florida Statute §§ 475.”
Pedro Realty Inc. v. Silva (1981)
“Pedro Realty may not consistently admit under Section 475.01, Florida Statutes (1980 Supp.”
Alligood v. Florida Real Estate Commission (1963)
“"It is the opinion of the court that the plaintiff, by the performance of these services, is assisting in the procuring of prospects (for the purchase of real property of Gulf American Land Corporation) within the intent and meaning of section 475.01, Florida Statutes [F.S.A.].”
METEOR MOTORS v. Thompson Halbach & Assocs. (2005)
“The court rejected the defense of noncompliance with Chapter 475 by ruling that the statute applies to a "person" and that Thompson was "an Arizona corporation and not a `person' as intended by § 475.01." The trial court also observed that section 475.”
Read v. Taylor (2002)
“" § 475.01(1)(m), Fla. Stat. (1997). The Brokerage Relationship Disclosure provides: As transaction broker Kerry Taylor/REMAX Consultants and its associates, provides to you a limited form of representation that includes the following duties: 1.”
Pokress v. Tisch Florida Properties, Inc. (1963)
“On the other hand, appellees maintain that § 475.01, Fla. Stat., F.S.A., [1] taken into conjunction with § 475.”
Williams v. Florida Real Estate Commission (1970)
“b) Been guilty of false advertising in, on or by, signs, billboards, newspapers, magazines, periodicals, books, pamphlets, circulars, radio, telephone, telegraph, or other means of communication of publicity, of such character as to deceive or defraud investors, or prospective…”
Keyes Co. v. Dade County Bar Ass'n (1950)
“At the very outset we should turn to paragraph two of Section 475.01, Florida Statutes, 1941, and F.”
— 475.01(1) — 3 cases
Linville v. Ginn Real Estate Co., LLC (2010)
“01(l)(a) (Count IX); (10) damages as a result of Defendant GREC’s breach of fiduciary or statutory duty under Florida Statute §§ 475.01(1) and 475.278 (Count X); (11) damages as a result of Defendant GREC’s constructive Fraud under for violation of Florida Statute §§ 475.”
— 475.01(1)(a) — 4 cases
METEOR MOTORS v. Thompson Halbach & Assocs. (2005)
“The court rejected the defense of noncompliance with Chapter 475 by ruling that the statute applies to a "person" and that Thompson was "an Arizona corporation and not a `person' as intended by § 475.01." The trial court also observed that section 475.”
In Re Vilsack (2006)
“In almost every case cited by the Trustee, the disputed contract was unenforceable because the unlicensed person sought to collect commissions for performance of the type of services enumerated in Fla. Stat. § 475.01 (3). See Global Resorts, Inc.”
— 475.01(1)(c) — 4 cases
Resort Timeshare Resales, Inc. v. Stuart (1991)
“, and LAWRENCE COHEN (collectively “RTR”) have sued to challenge the constitutionality of Section 475.01(1)(c), Florida Statutes, which, pursuant to an amendment effective October 1, 1989 (the “Amendment”), requires persons who advertise timeshare units for sale or rent to…”
— 475.01(1)(e) — 2 cases
Bergin v. Kickliter (1989)
In re Mickler (1986)
— 475.01(1)(i) — 1 case
METEOR MOTORS v. Thompson Halbach & Assocs. (2005)
“The court rejected the defense of noncompliance with Chapter 475 by ruling that the statute applies to a "person" and that Thompson was "an Arizona corporation and not a `person' as intended by § 475.01." The trial court also observed that section 475.”
— 475.01(1)(l) — 1 case
— 475.01(1)(m) — 1 case
Read v. Taylor (2002)
“" § 475.01(1)(m), Fla. Stat. (1997). The Brokerage Relationship Disclosure provides: As transaction broker Kerry Taylor/REMAX Consultants and its associates, provides to you a limited form of representation that includes the following duties: 1.”
— 475.01(11) — 1 case
Ammerman v. Markham (1969)
— 475.01(2) — 26 cases
Florida Real Estate Commission v. McGregor (1976)
“NOTES [1] For our purposes the pertinent portions of Section 475.01, Florida Statutes, are as follows: "(2) Every person who shall, in this state, for another, and for a compensation .”
Alligood v. Florida Real Estate Commission (1963)
“"It is the opinion of the court that the plaintiff, by the performance of these services, is assisting in the procuring of prospects (for the purchase of real property of Gulf American Land Corporation) within the intent and meaning of section 475.01, Florida Statutes [F.S.A.].”
Williams v. Florida Real Estate Commission (1970)
“b) Been guilty of false advertising in, on or by, signs, billboards, newspapers, magazines, periodicals, books, pamphlets, circulars, radio, telephone, telegraph, or other means of communication of publicity, of such character as to deceive or defraud investors, or prospective…”
Keyes Co. v. Dade County Bar Ass'n (1950)
“At the very outset we should turn to paragraph two of Section 475.01, Florida Statutes, 1941, and F.”
— 475.01(3) — 12 cases
Shochet Securities, Inc. v. First Union Corp. (1987)
“80-405) gave notice that it was “redefining ‘broker’ and ‘real property’ as used in provisions relating to real estate brokers, salesmen and schools.”
In Re Vilsack (2006)
“In almost every case cited by the Trustee, the disputed contract was unenforceable because the unlicensed person sought to collect commissions for performance of the type of services enumerated in Fla. Stat. § 475.01 (3). See Global Resorts, Inc.”
METEOR MOTORS v. Thompson Halbach & Assocs. (2005)
“The court rejected the defense of noncompliance with Chapter 475 by ruling that the statute applies to a "person" and that Thompson was "an Arizona corporation and not a `person' as intended by § 475.01." The trial court also observed that section 475.”
— 475.01(4) — 3 cases
Pedro Realty Inc. v. Silva (1981)
“Pedro Realty may not consistently admit under Section 475.01, Florida Statutes (1980 Supp.”
Jezek v. Vordemaier (1969)
— 475.01(a) — 2 cases
— 475.01(c) — 4 cases
Robbins v. Mori (1990)
— 475.01(l)(a) — 3 cases
Linville v. Ginn Real Estate Co., LLC (2010)
“01(l)(a) (Count IX); (10) damages as a result of Defendant GREC’s breach of fiduciary or statutory duty under Florida Statute §§ 475.01(1) and 475.278 (Count X); (11) damages as a result of Defendant GREC’s constructive Fraud under for violation of Florida Statute §§ 475.”
— 475.01(l)(c) — 4 cases
Resort Timeshare Resales, Inc. v. Stuart (1991)
“, and LAWRENCE COHEN (collectively “RTR”) have sued to challenge the constitutionality of Section 475.01(1)(c), Florida Statutes, which, pursuant to an amendment effective October 1, 1989 (the “Amendment”), requires persons who advertise timeshare units for sale or rent to…”
Previews, Inc. v. Murff (1987)
— 475.01(l)(j) — 1 case
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