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Contract Law
I’m a sales associate working on a listing. The seller, who signed an FAR Exclusive Right of Sale listing agreement with my office, is not happy with my services and wants my broker to reassign the listing to another agent in my office. May I charge the seller the cancellation fee as found in paragraph 9 of the FAR Exclusive Right of Sale listing agreement?

No, not if the seller wants your broker to reassign the listing to another agent in your office. Under paragraph 9 of the Exclusive Right of Sale listing agreement, if the seller requests that the listing agreement be terminated, the broker may conditionally terminate the agreement and charge a cancellation fee. The paragraph does not have this provision for reassignment of agents within a brokerage.

It is up to your broker to determine how you and the other agent will be compensated.

Landlord/Tenant
Is there a period in which a tenant or a landlord may rescind a residential lease agreement after entering into it and before the tenant has moved into the property, giving either party the right to cancel their obligations under the lease?

No. Section 83, Part II, Florida Statutes, governing residential landlord and tenant law, does not allow a tenant or a landlord an automatic rescission period for executed lease agreements. Once both parties have signed a lease agreement, it’s legally binding, and they must comply with the terms. However, there may be a rescission period if the parties executed a lease that provides for one.

License Law
An out-of-state licensee referred a buyer to me and wants a referral fee. I would like to pay this individual a referral fee. However, she’s not properly licensed to practice real estate in Florida. May I still pay the referral fee?

Yes. Under Section 475.25(1)(h), Florida Statutes, a Florida-licensed real estate broker may share compensation with a foreign licensee as long as the foreign licensee does not violate the laws of the state of Florida.

Thus, the foreign licensee would not be able to physically come to Florida and engage in real estate activity, as defined by Section 475.01(1)(a), F.S. However, before paying a referral fee, the Florida-licensed broker should verify that the foreign licensee is licensed to practice real estate in his or her particular state or foreign jurisdiction; depending on the answer, the Florida-licensed broker may need to pay this fee to the foreign licensee’s broker instead of directly to the licensee. 

As a licensed sales associate, may I complete broker price opinions and be paid directly, without being paid through my broker?

No. Under Section 475.01(1)(a), Florida Statues, conducting broker price opinions is within the scope of real estate activity. When a licensed sales associate is being compensated for real estate activity, this compensation must be paid to his or her broker.