Can I pay a friend to show my rental property--if he does not have a FL real estate license?

Asked by Mary, Pensacola, FL Tue Jul 22, 2008

I'd like to pay a friend $25 to show my rental unit to a prospective renter. He is not a licensed real estate agent. Is this against the law?

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7
Lawrence&She…, Agent, Plainview, NY
Tue Jul 22, 2008
No, "A person may ot operte as a broker or sales associte wthout being the holder of a valid current active license.
0 votes
Mott Marvin…, Agent, Sunny Isles Beach, FL
Tue Jul 22, 2008
It most likely is against the law.
0 votes
Glenn Ginsbu…, , Naples, FL
Tue Jul 22, 2008
Your friend would be in violation of Chapter 475 in the State of Florida. The State of Florida does not look favorably on non-licensed individuals performing real estate services for compensation.
Web Reference:  http://www.adeltarealty.net
0 votes
Laura Perrym…, Agent, Pensacola, FL
Tue Jul 22, 2008
Mary,

For legal advice you should seek the opinion of an attorney.

The following information is from the Florida Statutes, Chapter 475. This can be found at: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Displ…

475.011 Exemptions.--This part does not apply to:
Any individual, corporation, partnership, trust, joint venture, or other entity which sells, exchanges, or leases its own real property; however, this exemption shall not be available if and to the extent that an agent, employee, or independent contractor paid a commission or other compensation strictly on a transactional basis is employed to make sales, exchanges, or leases to or with customers in the ordinary course of an owner's business of selling, exchanging, or leasing real property to the public.

475.42 Violations and penalties
a) A person may not operate as a broker or sales associate without being the holder of a valid and current active license therefor. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, or, if a corporation, as provided in s. 775.083.

I would ask why you do not want to use someone that does this sort of thing all the time?
It sounds like you are not in the area that your property is located. If that is the case you will need someone that can run credit and background checks. Someone familiar with the Fair Housing Laws. Someone that that knows which disclosures are required for your property and someone that can fill out a lease agreement properly.

Take a look at the property management services my company offers. http://www.redpensacola.com
You may want to consider some of these options.

If you have any questions please feel free to contact me.

Best Wishes,
Laura Perryman
Broker/Owner
Web Reference:  http://www.redpensacola.com
0 votes
Dallas Texas, Agent, Dallas, TN
Tue Jul 22, 2008
I APPRECIATE YOUR CONCERN about your friend: Check your state for regulations most states dont have restrictions regarding these issues. However your might want to list with a realtor where you are covered under e & o insurance are you familiar with all the laws required for leasing a property.. There are some "seasoned veterans" who do know the law look for these opportunities to sue a property owner.
http://www.lynn911.com http://www.homes-for-sale-dallas.com
0 votes
Debt Free Da…, , 85260
Tue Jul 22, 2008
That doesn't sound like a good idea. You are compensating a non licensed person. Call you state department of real estate for more clarification.
Web Reference:  http://GetPrequalified.com
0 votes
Keith Sorem, Agent, Glendale, CA
Tue Jul 22, 2008
Mary
This is not legal advice. For legal advice see an attorney.
If you are the owner, and you are asking a friend to show the property, IMHO that is not the same as asking a friend to help you sell a property.

See the state link below
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