Where Are My Florida Real Estate Lawyers

Question

I need some straight forward answers (fact not opinion) on contracts..... Is it LEGAL to assign a contract in the state of FLORIDA............ YES / NO and what should the clause say? should it say Tanesha Mills or as assigns etc..... Thanks BP

John Thedford · Answer

Yes..you can assign a contract. Legal. Doing so above board is fine. Are you prepared to close if you cannot assign it? Are you going to tell the seller this? Deceiving a homeowner into thinking their property is sold is wrong, unethical, and a bad way to operate. If you do put one under contract and advertise the house, then that is brokering without a license and you may find your name on the www.myfloridalicense.com website under "search unlicensed complaints" section. Get educated, get your license, and operate honest and ethically. That will take you much further in your career than operating within the shadows, unethically, and borderline illegally.

p.s.--contact DBPR for specific answers to operate legally.

Account Closed · Answer

I'd like to add a little bit if I may:

I'm currently going to take the Florida Real Estate test this coming Saturday. One of the sections they drill in your head is Real Estate law and Principles. According to the book:

*All Real Estate Contracts are assignable by default unless the wording specifies in the contract that it is not*

*If you own the property (FSBO) you can: Buy, Sell, Rent your own property*

*Real Estate is VERY litigious and anyone can sue for anything* make sure you speak to a Lawyer that has experience dealing with INVESTORS.....Not all Real Estate Lawyers are the same. At least have Him/Her look at your contracts.

Omar Florence · Answer

Hello All. Can anyone recommend a lawyer with experience working with investors, and with drafting contracts (preferably in the Broward and Dade County area)? I'm a currently a licensed Realtor looking to move more into the investing side of the business and wish to obtain legal guidance and  a contract specific to my investor needs. Thanks

Tanesha Mills · Answer

Thanks Kent....

John Kent · Answer

@Tanesha Mills there is language for contract assignment in the standard Florida Bar As Is contract.

Disclosing an intention to broker the property for a fee to either party requires a real estate license in Florida.

Tanesha Mills · Answer

I do not have a problem with disclosing to the seller my intentions ( Hence my straight forward attitude) If they are motivated why would they care as long as they receive what they want. If they disagree with terms of me doing this I simply move forward. I want to make a living and don't intend to act out of desperation (not my only source of income).

If assigning the contract is legal then it's legal Simple, you can twist it with your opinion, but as long as all parties are aware of what's going on.

Yea, I know most will say you ma not get many deals this way, but what's for me I'll have and I will get the education as needed. From my understanding as long as I don't market the property and show as if it's mine or deceive the client... Oh and I will also allow them to search for other buyers while I have this under contract as long as the other buyer provides proof in writing that they are able to purchase it before I do then they will be released from my contract. To sum it up! To me it's  Legal Ethical and Moral. I will have a lawyer to double check.

Thanks

John Thedford · Answer

Here are some guidelines as to the state position on brokering without a license:

The 2015 Florida Statutes

Title XXXIIREGULATION OF PROFESSIONS AND OCCUPATIONSChapter 455 BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONSView Entire Chapter   455.228 Unlicensed practice of a profession; cease and desist notice; civil penalty; enforcement; citations; allocation of moneys collected.—(1) When the department has probable cause to believe that any person not licensed by the department, or the appropriate regulatory board within the department, has violated any provision of this chapter or any statute that relates to the practice of a profession regulated by the department, or any rule adopted pursuant thereto, the department may issue and deliver to such person a notice to cease and desist from such violation. In addition, the department may issue and deliver a notice to cease and desist to any person who aids and abets the unlicensed practice of a profession by employing such unlicensed person. The issuance of a notice to cease and desist shall not constitute agency action for which a hearing under ss. 120.569 and 120.57 may be sought. For the purpose of enforcing a cease and desist notice, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any provisions of such notice. In addition to the foregoing remedies, the department may impose an administrative penalty not to exceed $5,000 per incident pursuant to the provisions of chapter 120 or may issue a citation pursuant to the provisions of subsection (3). If the department is required to seek enforcement of the notice for a penalty pursuant to s. 120.569, it shall be entitled to collect its attorney’s fees and costs, together with any cost of collection.(2) In addition to or in lieu of any remedy provided in subsection (1), the department may seek the imposition of a civil penalty through the circuit court for any violation for which the department may issue a notice to cease and desist under subsection (1). The civil penalty shall be no less than $500 and no more than $5,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney fees and, in the event the department prevails, may also award reasonable costs of investigation.(3)(a) Notwithstanding the provisions of s. 455.225, the department shall adopt rules to permit the issuance of citations for unlicensed practice of a profession. The citation shall be issued to the subject and shall contain the subject’s name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure under s. 455.225. If the subject disputes the matter in the citation, the procedures set forth in s. 455.225 must be followed. However, if the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation shall become a final order of the department. The penalty shall be a fine of not less than $500 or more than $5,000 or other conditions as established by rule.(b) Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation.(c) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to department rule as part of the penalty levied pursuant to the citation.(d) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject’s last known address.(4) All fines, fees, and costs collected through the procedures set forth in this section shall be allocated to the professions in the manner provided for in s. 455.2281 for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.(5) The provisions of this section apply only to the provisions of s. 455.217 and the professional practice acts administered by the department.History.—s. 3, ch. 84-271; s. 6, ch. 90-228; s. 58, ch. 92-33; s. 26, ch. 92-149; s. 23, ch. 93-129; s. 11, ch. 94-119; ss. 83, 84, ch. 94-218; s. 213, ch. 96-410; s. 25, ch. 97-261; s. 34, ch. 2000-160; s. 13, ch. 2010-106.

Title XXXIIREGULATION OF PROFESSIONS AND OCCUPATIONSChapter 455 BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONSView Entire Chapter

Title XXXIIREGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 455 BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS

View Entire Chapter

455.228 Unlicensed practice of a profession; cease and desist notice; civil penalty; enforcement; citations; allocation of moneys collected.—(1) When the department has probable cause to believe that any person not licensed by the department, or the appropriate regulatory board within the department, has violated any provision of this chapter or any statute that relates to the practice of a profession regulated by the department, or any rule adopted pursuant thereto, the department may issue and deliver to such person a notice to cease and desist from such violation. In addition, the department may issue and deliver a notice to cease and desist to any person who aids and abets the unlicensed practice of a profession by employing such unlicensed person. The issuance of a notice to cease and desist shall not constitute agency action for which a hearing under ss. 120.569 and 120.57 may be sought. For the purpose of enforcing a cease and desist notice, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any provisions of such notice. In addition to the foregoing remedies, the department may impose an administrative penalty not to exceed $5,000 per incident pursuant to the provisions of chapter 120 or may issue a citation pursuant to the provisions of subsection (3). If the department is required to seek enforcement of the notice for a penalty pursuant to s. 120.569, it shall be entitled to collect its attorney’s fees and costs, together with any cost of collection.(2) In addition to or in lieu of any remedy provided in subsection (1), the department may seek the imposition of a civil penalty through the circuit court for any violation for which the department may issue a notice to cease and desist under subsection (1). The civil penalty shall be no less than $500 and no more than $5,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney fees and, in the event the department prevails, may also award reasonable costs of investigation.(3)(a) Notwithstanding the provisions of s. 455.225, the department shall adopt rules to permit the issuance of citations for unlicensed practice of a profession. The citation shall be issued to the subject and shall contain the subject’s name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure under s. 455.225. If the subject disputes the matter in the citation, the procedures set forth in s. 455.225 must be followed. However, if the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation shall become a final order of the department. The penalty shall be a fine of not less than $500 or more than $5,000 or other conditions as established by rule.(b) Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation.(c) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to department rule as part of the penalty levied pursuant to the citation.(d) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject’s last known address.(4) All fines, fees, and costs collected through the procedures set forth in this section shall be allocated to the professions in the manner provided for in s. 455.2281 for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.(5) The provisions of this section apply only to the provisions of s. 455.217 and the professional practice acts administered by the department.History.—s. 3, ch. 84-271; s. 6, ch. 90-228; s. 58, ch. 92-33; s. 26, ch. 92-149; s. 23, ch. 93-129; s. 11, ch. 94-119; ss. 83, 84, ch. 94-218; s. 213, ch. 96-410; s. 25, ch. 97-261; s. 34, ch. 2000-160; s. 13, ch. 2010-106.

(1) When the department has probable cause to believe that any person not licensed by the department, or the appropriate regulatory board within the department, has violated any provision of this chapter or any statute that relates to the practice of a profession regulated by the department, or any rule adopted pursuant thereto, the department may issue and deliver to such person a notice to cease and desist from such violation. In addition, the department may issue and deliver a notice to cease and desist to any person who aids and abets the unlicensed practice of a profession by employing such unlicensed person. The issuance of a notice to cease and desist shall not constitute agency action for which a hearing under ss. 120.569 and 120.57 may be sought. For the purpose of enforcing a cease and desist notice, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any provisions of such notice. In addition to the foregoing remedies, the department may impose an administrative penalty not to exceed $5,000 per incident pursuant to the provisions of chapter 120 or may issue a citation pursuant to the provisions of subsection (3). If the department is required to seek enforcement of the notice for a penalty pursuant to s. 120.569, it shall be entitled to collect its attorney’s fees and costs, together with any cost of collection.(2) In addition to or in lieu of any remedy provided in subsection (1), the department may seek the imposition of a civil penalty through the circuit court for any violation for which the department may issue a notice to cease and desist under subsection (1). The civil penalty shall be no less than $500 and no more than $5,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney fees and, in the event the department prevails, may also award reasonable costs of investigation.(3)(a) Notwithstanding the provisions of s. 455.225, the department shall adopt rules to permit the issuance of citations for unlicensed practice of a profession. The citation shall be issued to the subject and shall contain the subject’s name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure under s. 455.225. If the subject disputes the matter in the citation, the procedures set forth in s. 455.225 must be followed. However, if the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation shall become a final order of the department. The penalty shall be a fine of not less than $500 or more than $5,000 or other conditions as established by rule.(b) Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation.(c) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to department rule as part of the penalty levied pursuant to the citation.(d) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject’s last known address.(4) All fines, fees, and costs collected through the procedures set forth in this section shall be allocated to the professions in the manner provided for in s. 455.2281 for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.(5) The provisions of this section apply only to the provisions of s. 455.217 and the professional practice acts administered by the department.History.—s. 3, ch. 84-271; s. 6, ch. 90-228; s. 58, ch. 92-33; s. 26, ch. 92-149; s. 23, ch. 93-129; s. 11, ch. 94-119; ss. 83, 84, ch. 94-218; s. 213, ch. 96-410; s. 25, ch. 97-261; s. 34, ch. 2000-160; s. 13, ch. 2010-106.

(3)(a) Notwithstanding the provisions of s. 455.225, the department shall adopt rules to permit the issuance of citations for unlicensed practice of a profession. The citation shall be issued to the subject and shall contain the subject’s name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure under s. 455.225. If the subject disputes the matter in the citation, the procedures set forth in s. 455.225 must be followed. However, if the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation shall become a final order of the department. The penalty shall be a fine of not less than $500 or more than $5,000 or other conditions as established by rule.(b) Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation.(c) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to department rule as part of the penalty levied pursuant to the citation.(d) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject’s last known address.(4) All fines, fees, and costs collected through the procedures set forth in this section shall be allocated to the professions in the manner provided for in s. 455.2281 for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.(5) The provisions of this section apply only to the provisions of s. 455.217 and the professional practice acts administered by the department.History.—s. 3, ch. 84-271; s. 6, ch. 90-228; s. 58, ch. 92-33; s. 26, ch. 92-149; s. 23, ch. 93-129; s. 11, ch. 94-119; ss. 83, 84, ch. 94-218; s. 213, ch. 96-410; s. 25, ch. 97-261; s. 34, ch. 2000-160; s. 13, ch. 2010-106.

(b) Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation.

(c) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to department rule as part of the penalty levied pursuant to the citation.

(d) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject’s last known address.

(4) All fines, fees, and costs collected through the procedures set forth in this section shall be allocated to the professions in the manner provided for in s. 455.2281 for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.

(5) The provisions of this section apply only to the provisions of s. 455.217 and the professional practice acts administered by the department.

History.—s. 3, ch. 84-271; s. 6, ch. 90-228; s. 58, ch. 92-33; s. 26, ch. 92-149; s. 23, ch. 93-129; s. 11, ch. 94-119; ss. 83, 84, ch. 94-218; s. 213, ch. 96-410; s. 25, ch. 97-261; s. 34, ch. 2000-160; s. 13, ch. 2010-106.

Wayne Brooks · Answer

Yes, it is legal to assign a contract in FL, UNLESS that contract specifically prohibits it.  The old "and/or assigns" does Nothing to change this fact, and just raises red flags for the other party.  The original buyer (assignor) still is legally bound to the seller after an assignment, Unless that purchase contract specifically allows the original buyer to be released from said liability...and this clause would be a HUGE red flag for a Seller.

Where Are My Florida Real Estate Lawyers

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