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The 2025 Florida Statutes
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F.S. 475.483475.483 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 475.483
Total Results: 11
268 B.R. 665, 14 Fla. L. Weekly Fed. B 411, 2001 Bankr. LEXIS 1361
United States Bankruptcy Court, M.D. Florida | Filed: Sep 28, 2001 | Docket: 1488012
Cited 8 times | Published
of the real estate profession. Florida Statute § 475.483[26] provides that, before White can recover from
561 So. 2d 1319, 1990 WL 70621
District Court of Appeal of Florida | Filed: May 30, 1990 | Docket: 99674
Cited 8 times | Published
is made clear by the condition imposed by section 475.483(1)(a), Florida Statutes (1989), which allows
269 So. 3d 645
District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64712530
Cited 1 times | Published
obtaining a final judgment for such violations. § 475.483(1)(a), Fla. Stat. (2018). Reading chapter 475
22 So. 3d 834, 2009 Fla. App. LEXIS 17683, 2009 WL 4061078
District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 60267118
Cited 1 times | Published
Malhotra’s fraudulent act, as required by section 475.483(l)(c), Florida Statutes (2008). The Commission
269 So. 3d 645
District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64712531
Published
obtaining a final judgment for such violations. § 475.483(1)(a), Fla. Stat. (2018). Reading chapter 475
717 So. 2d 633, 1998 Fla. App. LEXIS 12279, 1998 WL 653603
District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 64782839
Published
the instant situation is directly-covered by section 475.483(2)(c), Florida Statutes (1997), which bars
654 So. 2d 580, 1995 Fla. App. LEXIS 3705, 1995 WL 214644
District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 64756082
Published
entitled to payment out of the recovery fund.
Section 475.483(2)(c), Florida Statutes (1991), bars recovery
599 So. 2d 207, 1992 Fla. App. LEXIS 5048, 1992 WL 93651
District Court of Appeal of Florida | Filed: May 8, 1992 | Docket: 64667532
Published
notice of claim with the Commission pursuant to section 475.-483(l)(b), Florida Statutes (Supp.1988). The Commission
530 So. 2d 980, 1988 WL 82269
District Court of Appeal of Florida | Filed: Aug 11, 1988 | Docket: 1267905
Published
Commission denied the claim and the Riggses appeal.
Section 475.483(2)(c), Florida Statutes, provides that:
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515 So. 2d 383, 12 Fla. L. Weekly 2601, 1987 Fla. App. LEXIS 10982
District Court of Appeal of Florida | Filed: Nov 12, 1987 | Docket: 64630856
Published
within the two year period as required by section 475.483(l)(c), Florida Statutes (1985).
The questions
504 So. 2d 427, 1987 Fla. App. LEXIS 6823, 12 Fla. L. Weekly 571
District Court of Appeal of Florida | Filed: Feb 19, 1987 | Docket: 64625983
Published
Florida Real Estate Commission pursuant to section 475.483(l)(b), Florida Statutes. The Commission did
