Florida Statute 475.41 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 475
REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS

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F.S. 475.41

475.41 Contracts of unlicensed person for commissions invalid.—No contract for a commission or compensation for any act or service enumerated in s. 475.01(3) is valid unless the broker or sales associate has complied with this chapter in regard to issuance and renewal of the license at the time the act or service was performed.

History.—s. 44, ch. 12223, 1927; CGL 4105; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 24, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 28, 30, ch. 88-20; s. 10, ch. 91-89; s. 4, ch. 91-429; s. 13, ch. 93-261; s. 39, ch. 2003-164.

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Amendments to 475.41

Annotations, Discussions, Cases:

Cases Citing Statute 475.41

Total Results: 45

Arbogast v. Bryan

393 So. 2d 606

District Court of Appeal of Florida | Filed: Feb 4, 1981 | Docket: 306722

Cited 17 times | Published

not licensed to sell real estate, contrary to Section 475.41, Florida Statutes (1975). He argues that waiver

Pokress v. Tisch Florida Properties, Inc.

153 So. 2d 346

District Court of Appeal of Florida | Filed: May 14, 1963 | Docket: 2507137

Cited 11 times | Published

Stat., F.S.A.,[1] taken into conjunction with § 475.41, Fla. Stat., F.S.A.,[2] prohibits payment of a

Bradley v. Banks

260 So. 2d 256

District Court of Appeal of Florida | Filed: Apr 4, 1972 | Docket: 1459301

Cited 10 times | Published

the act or service was performed." Fla. Stat. § 475.41, F.S.A.[1] Appellant Bradley claimed a portion

Tassy v. Hall

429 So. 2d 30

District Court of Appeal of Florida | Filed: Mar 2, 1983 | Docket: 1221728

Cited 7 times | Published

not entitled to a broker's commission under section 475.41, Florida Statutes; and to further adjudicate

Lutsch v. Smith

397 So. 2d 337

District Court of Appeal of Florida | Filed: Apr 7, 1981 | Docket: 1357360

Cited 6 times | Published

unenforceable because of the prohibitory language in Section 475.41, Florida Statutes (1977), interdicting the

Florida Boca Raton Hous. Ass'n, Inc. v. Marqusee Assoc. of Fla., Inc.

177 So. 2d 370

District Court of Appeal of Florida | Filed: Jul 13, 1965 | Docket: 1373403

Cited 6 times | Published

a licensed real estate broker or salesman. Section 475.41 Fla. Stat., F.S.A., provides as follows: "No

Shochet Securities, Inc. v. First Union Corp.

663 F. Supp. 1035, 1987 U.S. Dist. LEXIS 6005

District Court, S.D. Florida | Filed: Jul 6, 1987 | Docket: 879749

Cited 5 times | Published

475.01(3) to this transaction. Florida Statutes, § 475.41 prohibits the payment of any "commission or compensation"

Trafalgar Developers, Ltd. v. GENEVA INVEST. LTD.

285 So. 2d 593, 1973 Fla. LEXIS 4244

Supreme Court of Florida | Filed: Nov 14, 1973 | Docket: 1491141

Cited 5 times | Published

registered at the time services were performed, Section 475.41, Florida Statutes, that the parties executed

GENEVA INVEST., LTD. v. Trafalgar Developers, Ltd.

274 So. 2d 581, 80 A.L.R. 3d 313

District Court of Appeal of Florida | Filed: Feb 27, 1973 | Docket: 2218081

Cited 5 times | Published

Brokers § 179 (1964). Additionally, our own Florida Statute 475.41, F.S.A., clearly states that registration

United Nat. Bank of Miami v. Airport Plaza Ltd. P'ship

537 So. 2d 608, 1988 WL 129472

District Court of Appeal of Florida | Filed: Nov 29, 1988 | Docket: 2397574

Cited 4 times | Published

Warehouse Management Agreement was void under section 475.41, Florida Statutes (1985),[2] with respect to

Llera Realty, Inc. v. BD. OF REAL ESTATE

385 So. 2d 1131

District Court of Appeal of Florida | Filed: Jul 1, 1980 | Docket: 1700575

Cited 4 times | Published

this state in the collection of commissions. Section 475.41, Florida Statutes (1977), in effect, provides

Kagan v. Garfinkle

312 So. 2d 778

District Court of Appeal of Florida | Filed: May 13, 1975 | Docket: 1412530

Cited 4 times | Published

sue for a commission. It is true that Fla. Stat. § 475.41 provides as follows: "Contracts of unregistered

In Re Vilsack

356 B.R. 546

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 18, 2006 | Docket: 1808799

Cited 3 times | Published

Agreement unenforceable as a matter of law. Fla. Stat. § 475.41 entitled, Contracts of unlicensed person for commissions

Hardcastle Pointe Corp. v. Cohen

505 So. 2d 1381, 12 Fla. L. Weekly 1092, 1987 Fla. App. LEXIS 7843

District Court of Appeal of Florida | Filed: Apr 22, 1987 | Docket: 1455397

Cited 3 times | Published

services rendered in the acquisition of Tract I. Section 475.41, Florida Statutes (1983), prohibits unlicensed

First Equity Corp. v. RIVERSIDE REAL ESTATE INV. TR.

307 So. 2d 866

District Court of Appeal of Florida | Filed: Feb 4, 1975 | Docket: 1335551

Cited 2 times | Published

defendant, on the ground that recovery was barred by § 475.41 Fla. Stat., F.S.A. From the judgment entered thereon

Willner v. Wilder

280 So. 2d 1

District Court of Appeal of Florida | Filed: Jun 19, 1973 | Docket: 1687459

Cited 2 times | Published

recovery of the claimed commission was precluded by § 475.41 Fla. Stat., F.S.A. We hold that contention of

METEOR MOTORS v. Thompson Halbach & Assocs.

914 So. 2d 479, 2005 WL 2861538

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1781822

Cited 1 times | Published

475, Florida Statutes (2004). We hold that section 475.41, Florida Statutes (2004), prevents the broker

Morgan v. Glassman

285 So. 2d 673, 1973 Fla. App. LEXIS 6426

District Court of Appeal of Florida | Filed: Oct 16, 1973 | Docket: 64535672

Cited 1 times | Published

unenforceable because of Fla.Stat. § 475.41, F.S.A. Fla.Stat. § 475.41, F.S.A. provides that “[n]o contract”

Newcomer v. Rizzo

163 So. 2d 312, 8 A.L.R. 3d 516, 1964 Fla. App. LEXIS 4720

District Court of Appeal of Florida | Filed: Apr 14, 1964 | Docket: 60221229

Cited 1 times | Published

appeal. We must first determine the meaning of § 475.41, Fla.Stat., F.S.A., which provides: “No contract

Phoenix Asset Management LLC v. GCCFC 2005-GG5 Route 33 Industrial, LLC

177 So. 3d 304, 2015 Fla. App. LEXIS 14880, 2015 WL 5829782

District Court of Appeal of Florida | Filed: Oct 7, 2015 | Docket: 2865034

Published

Owners then moved for summary judgment based on section 475.41, Florida Statutes (2014), which prohibits brokers

Serefex Corp. v. Hickman Holdings, Lp

695 F. Supp. 2d 1331, 2010 U.S. Dist. LEXIS 15707, 2010 WL 672772

District Court, M.D. Florida | Filed: Feb 23, 2010 | Docket: 2230906

Published

broker during the relevant period. Florida Statute § 475.41 states that, "no contract for a commission or

Schickedanz Bros.-Riviera Ltd. v. Harris

996 So. 2d 884, 2008 WL 4862574

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 2548725

Published

he acted as a broker and was not licensed. See § 475.41, Fla. Stat. Although the trial court determined

Panton & Co. Realty, Inc. v. Wood

958 So. 2d 541, 2007 Fla. App. LEXIS 9198, 2007 WL 1687759

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 64851040

Published

to comply with the licensing requirements of section 475.41, Florida Statutes precluded Brad Wood from

Bakst v. O'Connor & Taylor Development Corp.

356 B.R. 546, 20 Fla. L. Weekly Fed. B 73, 2006 Bankr. LEXIS 3262

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 18, 2006 | Docket: 65783178

Published

Agreement unenforceable as a matter of law. Fla. Stat. § 475.41 entitled, Contracts of unlicensed person for commissions

Bockar v. Sakolsky

592 So. 2d 251, 1991 Fla. App. LEXIS 6829, 1991 WL 128322

District Court of Appeal of Florida | Filed: Jul 16, 1991 | Docket: 64664532

Published

however, is not dispositive of this case. Section 475.41, Florida Statutes (1989), which invalidates

Revac, S.A. v. Arthur V. Woodward, P.A.

550 So. 2d 3, 14 Fla. L. Weekly 1254, 1989 Fla. App. LEXIS 2877, 1989 WL 52137

District Court of Appeal of Florida | Filed: May 19, 1989 | Docket: 64645461

Published

entitled to enforce its commission contract under section 475.41, Florida Statutes (1981). Although Revac is

Bergin v. Kickliter

538 So. 2d 950, 14 Fla. L. Weekly 501, 1989 Fla. App. LEXIS 763, 1989 WL 11949

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 64640633

Published

to defend on the basis of the provisions of section 475.41, not 475.-42(1)(d), which invalidates commission

In re Captran Creditors Trust

94 B.R. 769, 1988 Bankr. LEXIS 2207, 1988 WL 141627

United States Bankruptcy Court, M.D. Florida | Filed: Dec 30, 1988 | Docket: 65779706

Published

broker and, therefore, under applicable law, Fla.Stat. 475.41, is not authorized to receive any commission

Previews, Inc. v. Murff

502 So. 2d 1317, 12 Fla. L. Weekly 607, 1987 Fla. App. LEXIS 6902

District Court of Appeal of Florida | Filed: Feb 24, 1987 | Docket: 64625264

Published

implicated in the proper resolution of this appeal. Section 475.41, Florida Statutes (1985), provides, in part:

WTSP-TV, Inc. v. Number One Realty Center, Inc.

490 So. 2d 1273, 11 Fla. L. Weekly 1243, 1986 Fla. App. LEXIS 8059

District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 64620411

Published

its brokerage license with the result that section 475.41, Florida Statutes (1985), prohibited it from

Moorings Development Co. v. Porpoise Bay Co.

487 So. 2d 60, 11 Fla. L. Weekly 821, 1986 Fla. App. LEXIS 7154

District Court of Appeal of Florida | Filed: Apr 9, 1986 | Docket: 64618767

Published

Company was not a licensed broker as required by section 475.41, Florida Statutes (1983),1 its wholly owned

Global Resorts, Inc. v. Famille, Inc.

478 So. 2d 1179, 10 Fla. L. Weekly 2628, 1985 Fla. App. LEXIS 16980

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 64615744

Published

oral contract was unenforceable pursuant to section 475.41, Florida Statutes (1983). That issue has previously

Baker v. Peddie

467 So. 2d 821, 10 Fla. L. Weekly 1059, 1985 Fla. App. LEXIS 13730

District Court of Appeal of Florida | Filed: Apr 25, 1985 | Docket: 64611501

Published

under his notes to them would be invalid under section 475.41, Florida Statutes, which provides that: No

Winchester v. Amrhein-Hatcher, Inc.

436 So. 2d 274, 1983 Fla. App. LEXIS 22670

District Court of Appeal of Florida | Filed: Jul 27, 1983 | Docket: 64599050

Published

commission agreement here was invalid pursuant to Section 475.41, Florida Statutes (1981), which provides as

Trum Corp. v. Satterfield

421 So. 2d 608, 1982 Fla. App. LEXIS 22072

District Court of Appeal of Florida | Filed: Oct 13, 1982 | Docket: 64593114

Published

with appellee partnership invalid pursuant to Section 475.41, Florida Statutes (1977).1 George Trum (Trum)

Winter v. Surfview Realty, Inc.

400 So. 2d 839, 1981 Fla. App. LEXIS 20521

District Court of Appeal of Florida | Filed: Jul 8, 1981 | Docket: 64583710

Published

appellee was a registered real estate broker. Section 475.41, Florida Statutes (1977), provides that no

Marlin v. Williams

385 So. 2d 1030, 1980 Fla. App. LEXIS 16255

District Court of Appeal of Florida | Filed: May 28, 1980 | Docket: 64577284

Published

all the negotiations. In this respect I note Section 475.41 of the Florida Statutes (1975) which states:

Uransky v. Allred (In re Fortiner Realty Co.)

1 B.R. 560, 1979 Bankr. LEXIS 731

United States Bankruptcy Court, M.D. Florida | Filed: Nov 27, 1979 | Docket: 65777692

Published

Newcomer, supra primarily involved Florida Statute § 475.41 which provides that a contract for a commission

Rizzo v. Schwebke

348 So. 2d 1180, 1977 Fla. App. LEXIS 16414

District Court of Appeal of Florida | Filed: Jul 12, 1977 | Docket: 64559762

Published

are illegal and void under Florida Statute Section 475.41. However, the Defendant, KENNEDY, testified

Walker v. Ocean Mile Ltd.

349 So. 2d 628, 1977 Fla. LEXIS 4049

Supreme Court of Florida | Filed: Jun 6, 1977 | Docket: 64560003

Published

prohibited by the Florida Real Estate License Law, Section 475.41, Florida Statutes. *629In this case petitioner

Seijo v. Futura Realty, Inc.

269 So. 2d 738, 1972 Fla. App. LEXIS 5933

District Court of Appeal of Florida | Filed: Nov 28, 1972 | Docket: 64528950

Published

the time the act or service was performed”, F.S. § 475.41, F.S.A. Appellants state that this infirmity affects

Stockton v. Holcomb

232 So. 2d 748, 1970 Fla. App. LEXIS 6850

District Court of Appeal of Florida | Filed: Mar 18, 1970 | Docket: 64513651

Published

real estate broker, in violation of F.S.1967, Section 475.41, F.S.A., and was, therefore, illegal and unenforceable

Outland v. Wood

224 So. 2d 352, 1969 Fla. App. LEXIS 5494

District Court of Appeal of Florida | Filed: Jun 27, 1969 | Docket: 64510433

Published

includes an appraiser in the definition of broker. Section 475.41 provides that a contract to appraise is invalid

Florida Real Estate Commission v. Reliable Rental Agency, Inc.

209 So. 2d 675, 1968 Fla. App. LEXIS 5660

District Court of Appeal of Florida | Filed: Apr 9, 1968 | Docket: 64505023

Published

the agent was barred from re-, covery thereof by § 475.41 Fla.Stat., F.S.A. because the agent was not registered

Courshon v. Tobin

148 So. 2d 285

District Court of Appeal of Florida | Filed: Jan 8, 1963 | Docket: 60209184

Published

his duties as such, * * [Emphasis supplied.] Section 475.41, Fla.Stat., F.S.A., provides, in substance