When is a License Required to Sell Real Estate in Florida?

The following guidlines were obtained from the Florida Department of Business and Professional Regulations (DBPR) website.  It is meant to be a guide, it is not all inclusive. 

Real Estate Broker is defined as an individual or entity that performs the services of real estate on behalf of another person, for compensation. The term “real estate” is defined in statute to include both interest in land or real property and business opportunities. The term “compensation” includes monetary compensation as well as valuable consideration, which includes benefits other than cash or tangible goods.

Sales associates are individuals who are allowed to perform these services but only at the direction and control of a real estate broker or for their registered owner developer.

Important Note Regarding Unlicensed Assistants: The Florida Real Estate Commission has outlined permissible activities which an unlicensed assistant working in cooperation with a licensed individual may do.

These items are offered as examples of services you do need to hire a person with a Florida license and services you do not need to hire a person with a Florida license.  The list is not all inclusive.  If you have specific questions, contact the department at 850.487.1395. You should also check with your county or city to learn whether or not a local business tax receipt or certificate of competency is required for services that do not require a state license. 

Needs a License Does not need a License
Appraising or attempts to appraise real property for another for compensation excludes services that must be performed by a Licensed or Certified Appraiser under Chapter 475, Part II, Florida Statutes. A salaried employee of an owner of an apartment community working in an onsite rental office.
Auctioning or attempts to auction real property of another for compensation. The owner of a timeshare period who later offers the timeshare period for resale.
Selling or attempts to sell real property of another for compensation. Any person or business entity that rents or advertises for rent a public lodging establishment properly licensed in Chapter 509.241, Florida Statutes.
Buying or attempts to buy real property of another for compensation. A tenant in an apartment complex who receives a referral or finders fee, not to exceed $50, for the referral of a tenant. However, the tenant may not advertise or otherwise promote the service of finding a potential resident.
Renting or Leasing or attempts to rent or lease real property of another for compensation. The owner of real property who offers the real property for resale.
Advertising or attempts to advertise real property of another for compensation.  
Representing that you are engaged in the business of brokerage activity.  
Undertaking to list or sell one or more timeshare periods per year on behalf of another individual or entity for compensation.

Soreide Law Group, PLLC, will represent you in front of the Florida Real Estate Commission (FREC) regarding your licensing issues.  To speak to an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.