Florida Real Estate Commission Cracking Down On This Very Common Infraction

The Florida Real Estate Commission has been coming down hard on one of the most common violations.  Last month, there were two cases at the Florida Real Estate Commission for the same offense.  If the DBPR prosecutes you for a violation, even if you are innocent, it is a pain in the neck.  You have to participate in the investigation.  You have to go to Orlando for the FREC meeting.  You have to plan to sit there for the entire day because you don’t know what time your case will be called.  You may want to hire an attorney.  It is a pain in the neck.  And recently, FREC has been prosecuting licensees for something that they used to ignore.

If a licensee changes their address or their email address, they have to notify the Department of Business and Professional Regulation (DBPR) within 10 days.  This applies to a mailing address or an email address.  Previously, the DBPR used to issue a citation (think traffic ticket) for this infraction.  You would pay the fine and move on.  Lately, FREC has been prosecuting them.  In other words, it is no longer like a traffic ticket; now it is like a DUI.  I saw one case last month, where the licensee had the wrong zip code.  His street address, city, and state were correct.  But the zip code was incorrect.  Maybe the post office just reassigned his zip code.  The DBPR found out about it and prosecuted him.  He has a $1,000 fine and an infraction on his record that the public will see.

Further, they will send the complaint to the old address.  A complaint is not a subpoena.  The entire hearing can happen without you even knowing it happened.  That’s rare because they want you to know about it.  They work diligently to find you before the case happens.  But there comes a point where they have to proceed.

To change your address, click here and fill out Form RE10.

Save yourself the time, money, and aggravation – be sure you have a valid and current address and email address on file with the DBPR.

Please note that Karen Climer has no affiliation with Climer School of Real Estate.  Her father, Ron Climer, sold Climer School of Real Estate in 2014.  It has since been involved in several mergers and acquisitions and is owned by a large investment company.  Karen owns Demetree School of Real Estate in Orlando, Florida.

By |2025-05-10T16:03:38-04:00March 27th, 2025|

Which Florida Real Estate Schools Use Updated Material?

In 2022, Miya’s Law, a law that effects residential landlords and tenants, became effective in Florida.  Prior to this law, landlords had to given tenants 12 hours notice before entering the dwelling for repairs.  This law changed that to 24 hours.  So today in Florida, landlords must give 24-hours of notice before entering the building for repairs.

Recently, someone I know who is a landlord of residential property told me they were doing their continuing education (not through Demetree School) and there was a question about that.  He said 24 hours wasn’t even a choice.  He picked 12 hours because he knew the history of the law, but he also knew that that was not correct.  Their test was two years out of date!

This question from a popular real estate school is not updated.

If you are attending a school that does not update their material on a regular basis, you will not get a good education.  But also, if it is being updated by someone who is not in Florida, you will also not get a good education.  An employee at that school told me that the material was updated by someone who lives in North Carolina, does not have a Florida license, and probably isn’t paying attention to state laws in Florida.  Hence, the reason that their material is more than two years out of date.

At Demetree School of Real Estate, we use material that is updated every year.  Our owner, Karen Climer, attends most Florida Real Estate Commission meetings to learn when rules changes are on the horizon, and networks with other instructors to be sure that the material is up to date.  If having accurate information is important to you, you can’t do better than Demetree School of Real Estate.

Please note that Karen Climer has no affiliation with Climer School of Real Estate.  Her father, Ron Climer, sold Climer School of Real Estate in 2014.  It has since been involved in several mergers and acquisitions and is owned by a large investment company.  Karen owns Demetree School of Real Estate in Orlando, Florida.

By |2024-12-03T10:08:51-05:00December 3rd, 2024|

Florida State Exam Practice Question – Fiduciary Duties

One of my YouTube fans recently called to say that she had passed.  She wanted clarification on this question:

Which statement best describes the fiduciary obligations of a sales associate who works for a broker?

  1. The sales associate has fiduciary obligations only to her broker.
  2. The sales associate has fiduciary obligations only to her own clients.
  3. The sales associate has fiduciary obligations to all clients of the brokerage firm.
  4. The sales associate has fiduciary obligations to the broker and all clients of the brokerage firm.

The best answer is D.  The sales associate works for the broker, so the sales associate has a fiduciary responsibility to the broker.  The clients belong to the broker, not the sales associate.  The sales associate is merely a subagent of the broker.  Therefore, the sales associate has a fiduciary obligation to all clients of the brokerage firm, not just the sales associate’s clients.

If you want some more questions that are similar to what is on the state exam (obviously, I don’t have a copy of the exam), feel free to join me in my state exam review class.

By |2023-10-19T10:30:19-04:00July 6th, 2020|

Real Estate Advertising As It Relates To The Florida Real Estate Exam

One of my relatives texted me the other day to ask if he had to put his broker’s license number on his business cards.  The short answer to this question is “no,” but I thought this would be a good time to remind everyone what you need to include in advertising and on signs.  There are a few questions about advertising on the state exam.

For the sign at the office entrance, you need the broker’s name, the trade name of the company (if there is one), and the words, “Licensed Real Estate Broker.”  This is the only time you have to use the name of the broker (the actual person’s name).  It’s also the only time where you need the exact phrase, “Licensed Real Estate Broker.”  There are no specific requirements related to the exact size or placement of the sign, but it must be visible as you are walking in the door.

Now let’s talk about advertising, which is what my relative was asking me about.   Advertising includes business signs, yard signs, newspaper ads, internet ads, t-shirts, pencils, TV ads, billboards, and so much more.  Basically, advertising is anything you are using to promote your business.  There are specific rules for team advertising that I am not going to get into.  Team advertising is not in the FREC Course 1 syllabus, which means it’s not on the sales associate state exam.  However, if you are on a team and are looking for real life information, it can be found in Chapter 61J2-10.026 F.A.C.

Back to individual (not team) advertising … all advertising must include the name of the real estate brokerage (the company name, not the person’s name).  That’s the only thing that has to be there.  Now, I would assume you want to put your own name in the ad.  (It’s not required by FREC, but highly recommended if you want to be successful.)  If you do put your name, you have to put your full name as registered with the DBPR.  I remember someone who was disciplined by FREC because her ads said to “Call Shavonne ‘Rental Queen’.”  Well, obviously that is not her real name.  She could have said, “Call Shavonne ‘Rental Queen’ Edgecomb.”  Or she could have said, “Call Shavonne Edgecomb the Rental Queen.”  In either case, it’s clear what her legal name is.  Don’t forget, though, she also has to have the name of the brokerage firm on there as well.  By the way, this mistake cost the rental queen a $250 fine, six month probation, three hours of class, and the investigative costs of $108.90.

A few other things about advertising … there are no requirements to put a specific phone number, address, email or anything else on the advertisement.  In fact, I’d recommend that you put your personal cell phone and personal email, not the office phone.  There are no requirements to label anything.  For example, you do not need to indicate that the only number I listed is my cell phone number.

For website, everywhere there is a point of contact, you have to include the name of the brokerage firm.  A point of contact is any way you can contact the person.  For example, a phone number, an address, an email address, etc.  Anywhere you have one of those, you have to have the name of the individual agent or the name of the brokerage firm.

Lastly, all of the above information applies no matter who is paying for the advertising.  So if you are paying for your own business cards, you still have to put the name of the company.

If you have any questions about advertising, especially as it relates to the state exam, feel free to call me at 407-456-3448.

By |2025-03-18T15:43:13-04:00February 20th, 2020|

Florida Does Not Have A National Real Estate Test

Florida does not have a national test.  In many states, there are two portions of their real estate exam – state and national.  If you fail one portion, you only have to retake that portion.  That’s not the case in Florida.

In Florida, there is one test that covers both state and federal laws (plus principles, practices, and math!).  If you fail the test, you fail the test.  Why do I bring this up?

There are many online exam prep websites that sell a national practice test.  Don’t waste your money.  If you want to spend money on a practice test, I recommend this practice test bank or Linda Crawford’s Florida Real Estate Exam Manual.  If you don’t want that, be sure that the practice test you are using is from a school located in Florida.

I frequently get calls from people who spent money on a national exam prep program because the website said it would help you with the Florida test.  It will help you with a handful of questions, but that’s it.  Save your money and attend a FLORIDA-based review course, buy Linda Crawford’s FLORIDA real estate exam manual, or hire a FLORIDA instructor for tutoring.  That way, you can pass the FLORIDA test the first time you take it.

Please note that neither I, nor anyone in the Climer family, have any affiliation with Climer School of Real Estate.  My father, Ron Climer, sold Climer School of Real Estate in 2014.  You can find me at Demetree School of Real Estate.

By |2023-10-19T11:22:52-04:00March 18th, 2019|
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