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Florida Case Law - Unlicensed Real Estate Activity

475.42  Violations and penalties.--

(1)  VIOLATIONS.--

(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.

Effective July 01, 2003, the unlicensed practice of real estate became a 3rd degree felony. Florida Statutes, Section 475.42.

The following cases address the issue of unlicensed activity in the state of Florida.

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1   Link   DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 METEOR MOTORS, INC., d/b/a PALM BEACH ACURA, Appellant, v. THOMPSON HALBACH & ASSOCIATES, an Arizona corporation, Appellee. No. 4D04-2985 [November 2, 2005] GROSS, J.
The issue in this case is whether a corporate business broker which put the buyer and seller together in the sale of an automobile dealership is precluded from recovering a brokerage fee because it did not comply with the licensing requirements of Chapter 475, Florida Statutes (2004). We hold that section 475.41, Florida Statutes (2004), prevents the broker from enforcing its fee contract and reverse the final judgment entered in favor of the broker. 		148
2   Link   CITE: 502 So.2d 1317 PREVIEWS, INC., a Florida corporation, and Guy Eberhardt, Appellants, v. J.T. MURFF, Sr., J.T. Murff, Jr., and Murff and Company Inc., d b a M-K Ranches, Appellees.
TEXT: NIMMONS, Judge. This is an appeal from a summary judgment in favor of defendants below in an action brought by the plaintiffs appellants to recover a brokerage fee. We affirm.

DATE, SOURCE: February 24, 1987. An appeal from the Circuit Court of Leon County, Donald Hartwell, Judge. John M. Jorgensen of Scott, Royce, Harris & Bryan, Palm Beach, for Appellants. Peter J. Winders of Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, Tampa, for Appellees. Nimmons, J., Wentworth and Wigginton, JJ., concur. 		88
3   Link   CITE: 487 So.2d 60 The MOORINGS DEVELOPMENT COMPANY, and its sales company, Moorings Realty Sales, Inc., Florida corporations, Appellants, v. PORPOISE BAY CO., INC., a Florida corporation, Appellee.
TEXT: DOWNEY, Judge. This is a consolidated appeal from a final order dismissing a first amended complaint with prejudice and a subsequent order taxing costs and attorney s fees against plaintiffs appellants, The Moorings Development Company and Moorings Realty Sales, Inc.

DOCKET, COURT: Nos. 84-2542, 85-167. District Court of Appeal of Florida, Fourth District.

DATE, SOURCE: April 9, 1986. Rehearing and Rehearing En Banc Denied May 6, 1986. Consolidated appeals from the Circuit Court for Indian River County; William L. Hendry and Charles E. Smith, Judges. *61 Louis B. Vocelle, Jr., of Moss, Henderson & Lloyd, P.A., Vero Beach, for appellants. Lawrence A. Barkett of Gould, Cooksey, Fennell, Appleby, Barkett & O Neill, P.A., Vero Beach, for appellee. 		84
4   Link   William A. Wegmann, Appellant, v. Nicholas Mannino Et Al., Appellees., 253 F.2d 627 (5th Cir. 1958)
This is an appeal from a judgment dismissing appellant's suit for specific performance of a contract involving the development and sale of a subdivision on the ground that appellant had failed to register as a real estate broker under the Florida law.

Howard P. Rives, Clearwater, Fla., for appellant. Wm. C. McLean, Tampa, Fla., for appellees.

Before HUTCHESON, Chief Judge, and BORAH and TUTTLE, Circuit Judges. TUTTLE, Circuit Judge. 		123
5   Link   CITE: 592 So.2d 251 Arnold BOCKAR, Appellant, v. Albert SAKOLSKY, et al., Appellees.
DOCKET, COURT: No. 90-2683. District Court of Appeal of Florida, Third District.

DATE, SOURCE: July 16, 1991, Filed. Rehearing Denied Feb. 18, 1992. An Appeal from the Circuit Court for Dade County, Peter S. Capua, Judge. Lane S. Abraham, Miami, for appellant. Lapidus & Frankel and Richard L. Lapidus, Miami, for appellees. Before

FERGUSON, JORGENSON, and GERSTEN, JJ. TEXT: PER CURIAM. Arnold Bockar appeals from a final summary judgment in an action for breach of contract and for fraud. We affirm. Only salaried real estate salespersons who do not receive commissions for the sale or lease of real property may sue for compensation earned without being a licensed real estate salesperson or broker. See Department of Bus. Reg. v. Smith, 471 So.2d 138(Fla. 1st DCA 1985); Section 475.011(2), Fla.Stat. (1987). Affirmed. JORGENSON and GERSTEN, JJ., concur. FERGUSON, Judge (dissenting). By its affirmance the majority approves the trial court s ruling that the courthouse is closed, as a matter of public policy, to a citizen seeking compensation for services rendered pursuant to an employment contract. 		77

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