475.483
Conditions for recovery; eligibility.
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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.
Notes of Decisions
Cited in 12
cases, 1987–2019 · leading case: Dorcely v. State Department of Business & Professional Regulation
Dorcely v. State Department of Business & Professional Regulation (2009)
“Riggs broadly construed the term “real estate transaction” in section 475.483(2)(c), Florida Statutes (1985), to include a situation where a real estate salesman purchased property with his client’s down payment and entered into a written, unrecorded contract for deed with the…”
White v. Weatherford (In Re Abrass) (2001)
“” Fla. Stat. § 475.483 (2000). If White is successful in his claim, Florida Statute § 475.”
Moyant v. Beattie (1990)
“The legislative intent to authorize private actions is made clear by the condition imposed by section 475.483(1)(a), Florida Statutes (1989), which allows recovery from the fund if "such person has received final judgment .”
Riggs v. DEPT. OF PROFESSIONAL REG. (1988)
“The question in this case is whether a claim against the Real Estate Recovery Fund (§ 475.483(1)(c), Fla. Stat.) is disqualified because the claim relates to a real estate transaction in which a licensed real estate broker was acting on his own behalf in selling his own property.”
Gauthier v. Florida Real Estate Commission (1995)
“Additionally, under section 475.483(1), Florida Statutes (1991), Any person is eligible to seek recovery from the Real Estate Recovery Fund if: (a) Such person has received final judgment in a court of competent jurisdiction in this state in any action wherein the cause of…”
Bidon v. DEPT. OF PRO. REGULATION, FLA. REAL ESTATE COMM. (1992)
“" In 1985 the legislature added subsection 475.483(3) [6] which specifically provided for the recovery of attorney's fees when reimbursement from the Fund is made pursuant to subsection 475.”
Smith v. Rodriguez (2019)
“§ 475.483(1)(a), Fla. Stat. (2018). Reading chapter 475 as a whole, we conclude that Moyant correctly held that chapter 475 authorizes a private cause of action.”
Dullea v. Department of Business Regulation, Florida Real Estate Commission (1992)
“The Commission found that the appellant had complied with the asset search requirements, and had provided notification of its claim within the two-year time frame, set forth in section 475.483. In denying the claim, the Commission reasoned that there was no evidence that the…”
Varney v. Florida Real Estate Commission (1987)
“The commission’s order set forth findings of fact and concluded that the Varneys had met the conditions for recovery but had not filed their claim within the two year period as required by section 475.483(l)(c), Florida Statutes (1985).”
Wasser v. Department of Business & Professional Regulation (1998)
“id, active real estate license issued under this part; (b) Was neither the seller, buyer, landlord, or tenant in the transaction nor an officer or a director of a corporation or a member of a partnership which was the seller, buyer, landlord, or tenant in the transaction; and…”
Erzene v. Florida Real Estate Commission (1987)
“At the time the action against the broker was commenced appellant gave notice to the Florida Real Estate Commission pursuant to section 475.483(l)(b), Florida Statutes. The Commission did not defend appellant’s action against the broker as it had a right to do under section 475.”
Smith v. Rodriguez (2019)
“§ 475.483(1)(a), Fla. Stat. (2018). Reading chapter 475 as a whole, we conclude that Moyant correctly held that chapter 475 authorizes a private cause of action.”
— 475.483(1) — 2 cases
Gauthier v. Florida Real Estate Commission (1995)
“Additionally, under section 475.483(1), Florida Statutes (1991), Any person is eligible to seek recovery from the Real Estate Recovery Fund if: (a) Such person has received final judgment in a court of competent jurisdiction in this state in any action wherein the cause of…”
Wasser v. Department of Business & Professional Regulation (1998)
“id, active real estate license issued under this part; (b) Was neither the seller, buyer, landlord, or tenant in the transaction nor an officer or a director of a corporation or a member of a partnership which was the seller, buyer, landlord, or tenant in the transaction; and…”
— 475.483(1)(a) — 3 cases
Moyant v. Beattie (1990)
“The legislative intent to authorize private actions is made clear by the condition imposed by section 475.483(1)(a), Florida Statutes (1989), which allows recovery from the fund if "such person has received final judgment .”
Smith v. Rodriguez (2019)
“§ 475.483(1)(a), Fla. Stat. (2018). Reading chapter 475 as a whole, we conclude that Moyant correctly held that chapter 475 authorizes a private cause of action.”
Smith v. Rodriguez (2019)
“§ 475.483(1)(a), Fla. Stat. (2018). Reading chapter 475 as a whole, we conclude that Moyant correctly held that chapter 475 authorizes a private cause of action.”
— 475.483(1)(c) — 1 case
Riggs v. DEPT. OF PROFESSIONAL REG. (1988)
“The question in this case is whether a claim against the Real Estate Recovery Fund (§ 475.483(1)(c), Fla. Stat.) is disqualified because the claim relates to a real estate transaction in which a licensed real estate broker was acting on his own behalf in selling his own property.”
— 475.483(2)(c) — 4 cases
Dorcely v. State Department of Business & Professional Regulation (2009)
“Riggs broadly construed the term “real estate transaction” in section 475.483(2)(c), Florida Statutes (1985), to include a situation where a real estate salesman purchased property with his client’s down payment and entered into a written, unrecorded contract for deed with the…”
Gauthier v. Florida Real Estate Commission (1995)
“Additionally, under section 475.483(1), Florida Statutes (1991), Any person is eligible to seek recovery from the Real Estate Recovery Fund if: (a) Such person has received final judgment in a court of competent jurisdiction in this state in any action wherein the cause of…”
Riggs v. DEPT. OF PROFESSIONAL REG. (1988)
“The question in this case is whether a claim against the Real Estate Recovery Fund (§ 475.483(1)(c), Fla. Stat.) is disqualified because the claim relates to a real estate transaction in which a licensed real estate broker was acting on his own behalf in selling his own property.”
Wasser v. Department of Business & Professional Regulation (1998)
“id, active real estate license issued under this part; (b) Was neither the seller, buyer, landlord, or tenant in the transaction nor an officer or a director of a corporation or a member of a partnership which was the seller, buyer, landlord, or tenant in the transaction; and…”
— 475.483(3) — 1 case
Bidon v. DEPT. OF PRO. REGULATION, FLA. REAL ESTATE COMM. (1992)
“" In 1985 the legislature added subsection 475.483(3) [6] which specifically provided for the recovery of attorney's fees when reimbursement from the Fund is made pursuant to subsection 475.”
— 475.483(l)(a) — 1 case
Dullea v. Department of Business Regulation, Florida Real Estate Commission (1992)
“The Commission found that the appellant had complied with the asset search requirements, and had provided notification of its claim within the two-year time frame, set forth in section 475.483. In denying the claim, the Commission reasoned that there was no evidence that the…”
— 475.483(l)(b) — 1 case
Erzene v. Florida Real Estate Commission (1987)
“At the time the action against the broker was commenced appellant gave notice to the Florida Real Estate Commission pursuant to section 475.483(l)(b), Florida Statutes. The Commission did not defend appellant’s action against the broker as it had a right to do under section 475.”
— 475.483(l)(c) — 2 cases
Dorcely v. State Department of Business & Professional Regulation (2009)
“Riggs broadly construed the term “real estate transaction” in section 475.483(2)(c), Florida Statutes (1985), to include a situation where a real estate salesman purchased property with his client’s down payment and entered into a written, unrecorded contract for deed with the…”
Varney v. Florida Real Estate Commission (1987)
“The commission’s order set forth findings of fact and concluded that the Varneys had met the conditions for recovery but had not filed their claim within the two year period as required by section 475.483(l)(c), Florida Statutes (1985).”
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