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Q & A Legal Hotline

Advertising
I’m a broker, ordering business cards for my sales associates. What is required to be on licensees’ business cards?

The business card is a form of advertising. Thus, the information on the business cards must comply with 61J2-10.025(1) and (2), Florida Administrative Code. The business card must include the licensed name of the brokerage firm, and if the licensee’s personal name is used, at the very least that person’s last name must appear as it is registered with the Florida Real Estate Commission. The card may not include any fraudulent, false, deceptive or misleading information, and it must make clear to reasonable persons that they are dealing with a real estate licensee. 

Contract Law
Is the FAR Seller’s Real Property Disclosure form required?

No. Although the form is not a legal requirement, the seller has a duty to disclose to the buyer any property defects of which he or she has knowledge that would materially affect the value of the property and that are not readily observable by the buyer.  Although the seller may make this disclosure verbally, FAR attorneys recommended that it be made in writing.

My buyer made an offer on a property, but the seller has not accepted the buyer’s offer. May the buyer withdraw his offer?

Yes. The buyer may withdraw; however, his withdrawal must be done prior to the seller’s acceptance.