Florida Statute 475.483 | Lawyer Caselaw & Research

The 2024 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. 475.483

475.483 Conditions for recovery; eligibility.—

(1) Any person is eligible to seek recovery from the Real Estate Recovery Fund if:

(a) Such person has received a final judgment in a court of competent civil jurisdiction in this state against an individual broker or sales associate in any action wherein the cause of action was based on a real estate brokerage transaction. If such person is unable to secure a final judgment against a licensee due to the death of the licensee, the commission may waive the requirement for a final judgment. The filing of a bankruptcy petition by a broker or sales associate does not relieve a claimant from the obligation to obtain a final judgment against the licensee. In this instance, the claimant must seek to have assets involving the real estate transaction that gave rise to the claim removed from the bankruptcy proceedings so that the matter might be heard in a court of competent civil jurisdiction in this state. If, after due diligence, the claimant is precluded by action of the bankruptcy court from securing a final judgment against the licensee, the commission may waive the requirement for a final judgment.

(b) At the time the action was commenced, such person gave notice thereof to the commission by certified mail; except that, if no notice has been given to the commission, the claim can still be honored if, in the opinion of the commission, the claim is otherwise valid.

(c) A claim for recovery is made within 2 years from the time of the act giving rise to the claim or within 2 years from the time the act is discovered or should have been discovered with the exercise of due diligence. In no event may a claim for recovery be made more than 4 years after the date of the act giving rise to the claim.

(d)1. Such person has caused to be issued a writ of execution upon such judgment, and the person has executed an affidavit showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment can be found or that the amount realized on the sale of the judgment debtor’s property pursuant to such execution was insufficient to satisfy the judgment; or

2. If such person is unable to comply with subparagraph 1. for a valid reason to be determined by the commission, such person has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets subject to being sold or applied in satisfaction of the judgment and by her or his search the person has discovered no property or assets or she or he has discovered property and assets and has taken all necessary action and proceedings for the application thereof to the judgment but the amount thereby realized was insufficient to satisfy the judgment.

(e) Any amounts recovered by such person from the judgment debtor, or from any other source, have been applied to the damages awarded by the court.

(f) Such person is not a person who is precluded by this act from making a claim for recovery.

(g) Such person has executed an affidavit showing that the final judgment is not on appeal or, if it was the subject of an appeal, that the appellate proceedings have concluded and the outcome of the appeal.

(2) A person is not qualified to make a claim for recovery from the Real Estate Recovery Fund, if:

(a) Such person is the spouse of the judgment debtor or a personal representative of such spouse;

(b) Such person is a licensed broker or sales associate who acted as a single agent or transaction broker in the transaction that is the subject of the claim;

(c) Such person’s claim is based upon a real estate transaction in which the licensed broker or sales associate was the owner of or controlled the property involved in the transaction; in which the licensee was dealing for the licensee’s own account; or in which the licensee was not acting as a broker or sales associate;

(d) Such person’s claim is based upon a real estate transaction in which the broker or sales associate did not hold a valid, current, and active license at the time of the real estate transaction; or

(e) The judgment is against a real estate brokerage corporation, partnership, limited liability company, or limited liability partnership.

(3) If the claim is of the type described in s. 475.482(2), the commission shall pay the defendant’s reasonable attorney’s fees and court costs and, if the plaintiff prevails in court, the plaintiff’s reasonable attorney’s fees and court costs.

History.—s. 1, ch. 76-74; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; ss. 35, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 34, 38, ch. 82-1; s. 63, ch. 83-329; s. 2, ch. 85-90; ss. 21, 28, 30, ch. 88-20; s. 5, ch. 89-76; s. 18, ch. 90-228; s. 21, ch. 90-345; s. 10, ch. 91-89; s. 4, ch. 91-429; s. 20, ch. 93-261; s. 145, ch. 94-119; s. 15, ch. 94-170; s. 4, ch. 94-337; s. 378, ch. 97-103; s. 12, ch. 99-384; s. 47, ch. 2003-164.

F.S. 475.483 on Google Scholar

F.S. 475.483 on Casetext

Amendments to 475.483

Arrestable Offenses / Crimes under Fla. Stat. 475.483

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 475.483.

Annotations, Discussions, Cases:

Cases Citing Statute 475.483

Total Results: 14

Smith v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 2019-04-26

Citation: 269 So. 3d 645

Snippet: obtaining a final judgment for such violations. § 475.483(1)(a), Fla. Stat. (2018). Reading chapter 475 as

Smith v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 2019-04-26

Citation: 269 So. 3d 645

Snippet: obtaining a final judgment for such violations. § 475.483(1)(a), Fla. Stat. (2018). Reading chapter 475 as

Pinellas County, Florida v. The Richman Group of Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-11-29

Citation: 253 So. 3d 662

Snippet: Shelton v. City of College Station, 780 F.2d 475, 483 (5th Cir. 1986) (en banc). "Arbitrary conduct

Dorcely v. State Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2009-11-25

Citation: 22 So. 3d 834, 2009 Fla. App. LEXIS 17683, 2009 WL 4061078

Snippet: Malhotra’s fraudulent act, as required by section 475.483(l)(c), Florida Statutes (2008). The Commission

Wasser v. Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 1998-09-25

Citation: 717 So. 2d 633, 1998 Fla. App. LEXIS 12279, 1998 WL 653603

Snippet: instant situation is directly-covered by section 475.483(2)(c), Florida Statutes (1997), which bars recovery

Gauthier v. Florida Real Estate Commission

Court: District Court of Appeal of Florida | Date Filed: 1995-04-13

Citation: 654 So. 2d 580, 1995 Fla. App. LEXIS 3705, 1995 WL 214644

Snippet: entitled to payment out of the recovery fund. Section 475.483(2)(c), Florida Statutes (1991), bars recovery out

Schwartz v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-04-12

Citation: 653 So. 2d 1060, 1995 Fla. App. LEXIS 3675, 1995 WL 169995

Snippet: 140 (1988). In Holloway v. Arkansas, 435 U.S. 475, 483 n. 5, 98 S.Ct. 1173, 1178 n. 5, 55 L.Ed.2d 426

Dullea v. Department of Business Regulation, Florida Real Estate Commission

Court: District Court of Appeal of Florida | Date Filed: 1992-05-08

Citation: 599 So. 2d 207, 1992 Fla. App. LEXIS 5048, 1992 WL 93651

Snippet: claim with the Commission pursuant to section 475.-483(l)(b), Florida Statutes (Supp.1988). The Commission

Bidon v. DEPT. OF PRO. REGULATION, FLA. REAL ESTATE COMM.

Court: Supreme Court of Florida | Date Filed: 1992-03-26

Citation: 596 So. 2d 450, 1992 WL 56478

Snippet: damages." In 1985 the legislature added subsection 475.483(3)[6] which specifically provided for the recovery

Bidon v. State, Department of Professional Regulations

Court: District Court of Appeal of Florida | Date Filed: 1991-04-24

Citation: 578 So. 2d 478, 1991 Fla. App. LEXIS 3711, 1991 WL 60861

Snippet: compensatory damages. Except as provided in s. 475.483, treble damages, court costs, attorney’s fees,

Moyant v. Beattie

Court: District Court of Appeal of Florida | Date Filed: 1990-05-30

Citation: 561 So. 2d 1319, 1990 WL 70621

Snippet: made clear by the condition imposed by section 475.483(1)(a), Florida Statutes (1989), which allows recovery

Riggs v. DEPT. OF PROFESSIONAL REG.

Court: District Court of Appeal of Florida | Date Filed: 1988-08-11

Citation: 530 So. 2d 980, 1988 WL 82269

Snippet: claim against the Real Estate Recovery Fund (§ 475.483(1)(c), Fla. Stat.) is disqualified because the

Varney v. Florida Real Estate Commission

Court: District Court of Appeal of Florida | Date Filed: 1987-11-12

Citation: 515 So. 2d 383, 12 Fla. L. Weekly 2601, 1987 Fla. App. LEXIS 10982

Snippet: within the two year period as required by section 475.483(l)(c), Florida Statutes (1985). The questions we

Erzene v. Florida Real Estate Commission

Court: District Court of Appeal of Florida | Date Filed: 1987-02-19

Citation: 504 So. 2d 427, 1987 Fla. App. LEXIS 6823, 12 Fla. L. Weekly 571

Snippet: Florida Real Estate Commission pursuant to section 475.483(l)(b), Florida Statutes. The Commission did not