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Q & A Legal Hotline

Condominiums
I’m working with a buyer who’s entered into a contract for sale/purchase for the resale of a residential condominium unit. I know that under Florida law the buyer has three days to cancel from receipt of a current copy of the condominium documents (the declaration of condominium, articles of incorporation, bylaws, rules of the association, most recent year-end financial information and the frequently asked questions and answers document). Is the three-day period calculated in calendar or business days? 

Section 718.503(2), Florida Statutes, provides that the three-day period excludes Saturdays, Sundays and legal holidays.

Contracts
If the contract for sale/purchase includes a provision stating that the buyer agrees to waive the three-day cancellation right as outlined in Section 718.503(2), Florida Statutes, would such a provision be enforceable?
No. Section 718.503(2), Florida Statutes, states, in part, that “Any purported waiver of these voidability rights shall be of no effect.”

Federal Law
Does the federal do-not-call legislation apply to door-to-door solicitations?

No. However, you may still be prohibited from making door-to-door solicitations if there is a community, municipal or county restriction on door-to-door solicitations or if there is a posted No Trespassing sign on the property or the community.

Licensing
Are all seven members of the Florida Real Estate Commission licensed brokers?

No. Section 475.02(1), Florida Statutes, provides: “Four members [of FREC] must be licensed brokers, each of whom has held an active license for the five years preceding appointment; one member must be a licensed broker or a licensed sales associate who has held an active license for the two years preceding appointment; and two members must be persons who are not, and have never been, brokers or sales associates.”

Real Estate Practice
I’m a broker, and I’d like to operate out of my home. I know the rules say that an office must consist of at least one enclosed room, but I won’t have a room solely dedicated to my business. Must I designate a specific room as my office, and must I display my sign outside the front door of my home?

No. As long as your home has an enclosed room, it fulfills the enclosed room requirement. The sign can be located on either the outside or the inside of your home, and it must be on or about the entrance and easily observable and readable.