Unlicensed Practice of Real Estate in Florida
Under Florida Statute 475.42(1)(a), the crime of Unlicensed Practice of Real Estate is committed when a person engages in real estate activities listed under Florida Statute 475.01(1)(a) without a real estate license for compensation.
Real Estate Activities Requiring Licensure
In Florida, it is unlawful to engage in the following real estate related activities for compensation without possessing a real estate broker’s license or sales associate license.
- Advertising or marketing another person’s timeshare or property for compensation.
- Auctioning or attempting to auction another person’s property for compensation.
- Buying or attempting to buy real estate on behalf of another person for compensation.
- Listing another person’s timeshare or property for compensation.
- Operating as a real estate broker or sales associate without a license.
- Renting, leasing, or attempting to rent or lease real estate on behalf of another person for compensation.
Penalties for Unlicensed Practice of Real Estate
The crime of Unlicensed Practice of Real Estate is a Third Degree Felony and assigned a Level 1 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Unlicensed Practice of Real Estate in Florida, a judge can impose any combination of the following penalties:
- Up to five (5) years in prison.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Defenses to Unlicensed Practice of Real Estate
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Unlicensed Practice of Real Estate are:
For Sale by Owner
A person who personally owns real estate or a timeshare may sell, rent, or dispose of the real estate or timeshare without being licensed.
Likewise, a person may buy or rent real estate for them self from another person without being licensed.
Uncompensated Assistance
So long as a person is not compensated in any way, a person may assist another person in the buying, selling, trading, or disposing of real estate and timeshares.
A typical example would be if a son or daughter showed a rental house owned by their parents to prospective tenants. So long as the son or daughter was not compensated in any way for showing the rental property, they would not be committing Unlicensed Practice of Real Estate.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Unlicensed Practice of Real Estate in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.
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