Many people, including many real estate licensees, don’t know the difference between Florida Realtors and the Florida Real Estate Commission. Florida Realtors is a private trade organization that has a code of ethics. The Florida Real Estate Commission is a government body that enforces the law.
So if a Florida real estate licensee has done you wrong, to whom do you file your complaint? If the violation they committed was a violation of Florida real estate law, you should file a complaint with the Florida Real Estate Commission (FREC). Common examples would be stealing money or misrepresenting facts about the property. FREC has the authority to punish this person’s license. Common punishments include requiring education, requiring a fine, or in severe cases, suspending or revoking the license.
The National Association of Realtors is a voluntary, private trade organization, not a government regulatory body. Not all real estate licensees are Realtors.
If the alleged violation is a violation of the National Association of Realtors (NAR) Code of Ethics, the complaint should be filed with the local Realtor association. Common code of ethics violations include not cooperating with other brokers or publicly insulting another Realtor. I often call the code of ethics the manners of real estate. Penalties can include fines, education, and in severe cases suspension or revocation of Realtor membership. The local Realtor association has no jurisdiction over someone’s real estate license – only their membership in the voluntary organization.
Many infractions are a violation of both the law and the code of ethics. For example, if a Realtor did not present an offer, this is a violation of the law and the code of ethics. The customer should file a complaint with both FREC and the local Realtor association.
Some infractions are a violation of the code of ethics, but are perfectly legal. For example, it is perfectly legal to poach a listing from another Realtor, but it violates the code of ethics. In this case, you can file a Realtor code of ethics complaint, but not a FREC complaint.
Also, if the real estate agent is not a member of Realtors, you can’t file a complaint with the Realtor association. For example, false advertising is a violation of both the law and the code of ethics. If the person is a Realtor, you can file a complaint with FREC and the local Realtor association. If the person is a real estate licensee, but not a Realtor, you can only file the complaint with FREC.
If you aren’t sure where to file the complaint, feel free to call us at Demetree School of Real Estate. We can’t give legal advice, but we can at least point you in the right direction and get your to the correct website. Most often, you can file the complaint without an attorney, but if you want or need an attorney, we can also recommend one.
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.
