Are you considering a career in real estate in Orlando, Florida? It's crucial to understand the legal requirements and consequences of practicing without a valid license. Unlicensed practice of real estate is not only a crime but can also have severe career-damaging penalties. Let's delve into the key aspects of this issue and shed light on the risks involved.
Orlando Real Estate Activities Requiring a License
Any engagement in real estate activities that involve compensation requires a valid license. It's essential to note that these activities don't necessarily involve direct involvement in the sale. Here are some common offenses committed without a real estate license:
- Advertising or marketing timeshare or property for profit on behalf of someone else
- Auctioning property or attempting to do so for profit on behalf of another
- Buying property or attempting to do so for profit on behalf of another
- Listing property for profit on behalf of someone else
- Operating as a real estate sales associate or broker without licensing
- Renting and/or leasing property or attempting to do so for profit on behalf of another party
Criminal Penalties for Unlicensed Practice of Real Estate
Engaging in the aforementioned real estate activities without a license is considered a third-degree felony under Florida Statute 475.42(1)(a). Conviction for unlicensed practice of real estate can lead to severe penalties, including:
- Up to five years in prison
- Up to five years of probation
- Up to $5,000 in fines
Administrative Penalties for Unlicensed Practice of Real Estate in Orlando
Even if not criminally convicted, unlicensed real estate brokers may face administrative penalties under Section 455.28 of Florida Statutes. These administrative fines, governed by Florida Rule 61J2-24.001(3)(w), can range from $250 to $2,500 per violation. For individuals with a history of unlicensed practice, the fines can escalate to $1,000 to $5,000 per violation.
In addition to monetary consequences, unlicensed practitioners may face license suspension or revocation. Such actions become part of public records and can severely impact your future in the highly competitive real estate market.
Fortunately, the Florida Real Estate Commission has the authority to consider individual circumstances and potentially reduce the fines. Working with an experienced real estate law attorney can significantly increase your chances of receiving lesser penalties or even complete administrative dismissal.
How an Attorney Can Help You Fight Unlicensed Practice of Real Estate Charges
While various defense strategies can be employed in pretrial defense procedures, seeking the guidance of an experienced real estate law attorney is essential. Two approaches that may apply to your case are:
Assisting Uncompensated
Florida law permits individuals to assist others in real estate transactions without compensation. This provision often applies to cases involving timeshares or retired relatives owning property in Orlando. For instance, if a parent needs to sell their home and move to an assisted living facility, a relative can handle the selling process without a license.
For Sale by Owner
Individuals can buy, sell, or rent their personally owned real estate without a license. Moreover, if you are interested in buying or renting from someone else, you can do so without the need for a license.
Find an Orlando Real Estate Law Attorney to Defend Against Charges
Many individuals underestimate the gravity of unlicensed practice of real estate charges. It is crucial to recognize the severity of this violation as the state of Florida and the Florida Real Estate Commission take it seriously. Losing your real estate career or future licensing opportunities can have long-lasting repercussions in this highly competitive industry.
The Umansky Law Firm's defense attorneys have the expertise required to navigate the complex laws that govern real estate licensing. With over 100 years of combined experience, we will work tirelessly to build a robust defense strategy for your formal hearing. As a firm recognized on sites like SuperLawyers, we prioritize protecting your career and future. To schedule a free consultation with one of our attorneys, call us or contact us online 24/7.
Note: The information provided in this article is for general informational purposes only and should not be relied upon as legal advice. For specific legal advice regarding your situation, please consult with a qualified attorney.