- DBPR
- Florida Department of Business and Professional Regulation — the umbrella state agency that issues and regulates real estate licenses through its Division of Real Estate.
- FREC
- Florida Real Estate Commission — 7 gubernatorial appointees within the DBPR that write and enforce real estate license law under Chapter 475, F.S.
- FREC membership
- 7 members: 4 licensed brokers, 1 broker or sales associate, and 2 consumer members who have never held a real estate license. Appointed by the Governor.
- Chapter 475, F.S.
- The Florida Statutes chapter governing real estate brokers, sales associates, schools, and appraisers — the source of Florida license law.
- Chapter 61J2, F.A.C.
- The Florida Administrative Code rules adopted by FREC that implement Chapter 475 (escrow timelines, office signs, advertising, conduct).
- Florida exam format
- 100 multiple-choice questions; must score 75% (75 correct) to pass; 3.5 hours; delivered by Pearson VUE for the DBPR.
- Florida pre-license education (sales associate)
- 63 hours — the FREC Course I, which must be completed and passed before sitting for the state exam.
- Florida post-license education
- 45 hours — must be completed before the FIRST license expiration, or the license becomes null and void.
- Florida continuing education (CE)
- 14 hours every 2-year renewal after the post-license period, including 3 hours Core Law and 3 hours ethics/business practices.
- Florida education ladder
- 63 hours pre-license → 45 hours post-license (first renewal) → 14 hours CE every two years.
- Core Law (CE)
- 3 of the 14 CE hours that update licensees on recent changes to Chapter 475, F.S., and FREC rules each renewal period.
- Florida brokerage relationships (s. 475.278)
- Only three: single agent, transaction broker, or no brokerage relationship. Florida prohibits dual agency.
- Transaction broker
- Florida's PRESUMED relationship — limited representation without fiduciary loyalty. Owes honesty, accounting, skill, disclosure of known facts, and limited confidentiality.
- Single agent
- Full fiduciary representation of one party. Owes the added duties of loyalty, confidentiality, obedience, and full disclosure.
- No brokerage relationship
- Licensee represents neither party; owes only honesty, fair dealing, disclosure of known material facts, and accounting.
- Presumed Florida relationship
- Transaction broker — under s. 475.278, F.S., a licensee is presumed a transaction broker unless a single agent or no-brokerage relationship is established in writing.
- Single agent extra duties
- Loyalty, Confidentiality, Obedience, and Full disclosure — the four duties a single agent owes that a transaction broker does not.
- Dual agency in Florida
- Prohibited — both disclosed and nondisclosed. A key Florida difference from many other states.
- Single agent notice
- The written disclosure a single agent must give the customer before or at the time of entering into a listing or showing property.
- Transaction broker notice
- No longer required (repealed effective July 1, 2008) because transaction brokerage is the presumed relationship.
- Deposit: sales associate to broker
- A sales associate must deliver an earnest-money deposit to the broker by the END OF THE NEXT BUSINESS DAY (Rule 61J2-14.009). The associate may never hold it personally.
- 'Immediately' for broker escrow
- No later than the END OF THE 3RD BUSINESS DAY after the broker receives the funds (Rule 61J2-14.008). Weekends and legal holidays are excluded.
- Good-faith doubt
- A broker's reasonable uncertainty over who is entitled to escrowed funds, triggering notice to FREC within 15 business days and a settlement procedure within 30.
- Notify FREC of escrow dispute
- Within 15 business days of the broker's good-faith doubt or the last demand.
- Institute escrow settlement procedure
- Within 30 business days of the last demand or good-faith doubt.
- Four Florida escrow settlement procedures
- (1) Escrow Disbursement Order (EDO) from FREC, (2) arbitration, (3) mediation (with consent), (4) litigation/interpleader.
- Escrow Disbursement Order (EDO)
- A FREC order directing release of a disputed deposit; generally available only when the funds are held on a residential sale.
- Commingling
- Improperly mixing a client's trust funds with the broker's own or business funds — a Florida license-law violation.
- Conversion of trust funds
- Using a client's trust funds for the broker's own purposes — more serious than commingling; triggers automatic license suspension if paid from the Recovery Fund.
- Real Estate Recovery Fund
- Reimburses consumers for unpaid judgments from a licensee's wrongful act. Pays up to $50,000 per transaction and $150,000 per licensee.
- Recovery Fund — per transaction cap
- $50,000 in the aggregate for all claims arising out of the same transaction (s. 475.484, F.S.).
- Recovery Fund — per licensee cap
- $150,000 in the aggregate against any one broker or sales associate (s. 475.484, F.S.).
- Effect of a Recovery Fund payment
- The licensee's license is automatically suspended until the licensee fully reimburses the Fund plus interest.
- Maximum FREC administrative fine
- Up to $5,000 per violation, in addition to suspension or revocation (s. 475.25, F.S.).
- Administrative Complaint
- The formal charging document the DBPR files against a licensee after FREC finds probable cause of a violation.
- Probable cause panel
- A FREC panel that reviews investigations and decides whether probable cause exists to file an Administrative Complaint.
- Unlicensed activity
- Performing real estate services for another for compensation without a license — a violation even for a single isolated act (s. 475.41, F.S.).
- How a Florida sales associate is paid
- Only by the broker (or owner-developer) they are registered under — never directly from a buyer or seller (s. 475.42, F.S.).
- One broker rule
- A Florida sales associate may be registered under and supervised by only ONE licensed broker (or owner-developer) at a time.
- Brokerage office sign
- A registered office must display an entrance sign with the broker's name, the trade name, and 'licensed real estate broker' (or 'lic. real estate broker').
- Active vs. inactive license
- An inactive (voluntarily inactive) license is valid but the holder may not perform real estate services for compensation until activated under a broker.
- Involuntary inactive status
- A license not renewed at expiration becomes involuntarily inactive for up to 2 years; after that it is null and void (s. 475.182, F.S.).
- Florida exam administrator
- Pearson VUE delivers the Florida real estate licensure exam on behalf of the DBPR.
- Florida Fair Housing Act
- Chapter 760, F.S. — mirrors the federal protected classes; complaints filed with the Florida Commission on Human Relations or HUD.
- Question mix on the Florida exam
- Roughly 45 questions on real estate principles/practices, ~45 on Florida and federal license law, and ~10 on real estate math.
- Real property
- Land plus everything permanently attached to it (improvements and fixtures) and the bundle of legal rights of ownership.
- Personal property (chattel)
- Movable items not permanently affixed to land. A fixture is personal property that becomes real property when permanently attached.
- Bundle of rights
- The rights of ownership: possession, use (enjoyment), exclusion, disposition (transfer), and control.
- Fee simple absolute
- The most complete ownership — absolute, of unlimited duration, freely transferable by deed or will.
- Life estate
- A freehold estate that lasts for the lifetime of a named person; it cannot be willed because it ends at death.
- Leasehold estate
- A tenant's right to possess and use property for a term without owning it (e.g., estate for years, periodic tenancy).
- MARIA fixture tests
- Method of attachment, Adaptability, Relationship of the parties, Intention, Agreement — the tests for whether an item is a fixture.
- Trade fixtures
- Items attached by a business tenant; they remain personal property and may be removed before the lease ends.
- Easement
- A nonpossessory right to use another's land for a specific purpose, such as a driveway or utility line.
- Easement appurtenant vs. in gross
- Appurtenant benefits an adjacent parcel and runs with the land; in gross benefits a person or company (e.g., a utility), not a parcel.
- Encumbrance
- Any claim, lien, charge, or right that limits an owner's title — liens, easements, encroachments, deed restrictions.
- Encroachment
- An unauthorized intrusion of an improvement (fence, building, driveway) onto a neighbor's land; usually found by survey.
- PETE (government powers)
- Police power, Eminent domain, Taxation, Escheat — the four limits on private property. Only eminent domain pays the owner.
- Police power
- Government's authority to regulate land for public health, safety, and welfare — the basis for zoning and building codes, with no payment.
- Eminent domain
- Government's power to take private property for public use through condemnation, paying just compensation.
- Escheat
- Property reverts to the state when an owner dies with no will and no legal heirs.
- Zoning & variance
- Local police-power regulation dividing land into use districts; a variance permits a hardship deviation from the rules.
- Metes and bounds
- A legal description using distances (metes) and compass directions (bounds) traced back to a point of beginning.
- Rectangular (government) survey
- Describes land by principal meridians and base lines forming 6-mile-square townships of 36 sections. Florida uses the Tallahassee meridian.
- Section
- One square mile of land — 640 acres — and one thirty-sixth of a township.
- Acre
- A unit of land area equal to 43,560 square feet.
- Lot-and-block
- A legal description that refers to a lot and block on a recorded subdivision plat.
- Deed restriction (CC&Rs)
- Private limits on land use, often stricter than zoning; enforced by other owners or an association.
- Severalty
- Sole ownership of property by one person or entity.
- Tenancy in common
- Co-ownership of undivided, willable shares with NO right of survivorship; a share passes by will or intestate succession.
- Joint tenancy
- Co-ownership with the right of survivorship; requires the four unities of time, title, interest, and possession.
- Four unities (joint tenancy)
- Time, Title, Interest, Possession — all four are required to create a joint tenancy.
- Right of survivorship
- A deceased co-owner's share passes automatically to the surviving co-owners, not to heirs.
- Tenancy by the entirety
- A Florida survivorship form of co-ownership reserved for married couples, with creditor-protection features.
- Florida homestead
- Constitutional protection of a primary residence from forced sale by most creditors, plus property-tax and devise limits.
- Deed
- The written instrument that conveys title to real property from the grantor (seller) to the grantee (buyer).
- General warranty deed
- Gives the most protection; the grantor warrants clear title against all defects, even those arising before the grantor owned the property.
- Special (limited) warranty deed
- The grantor warrants title only against defects arising during the grantor's own period of ownership.
- Quitclaim deed
- Conveys only whatever interest the grantor has, with no warranties; often used to clear a cloud on title.
- Delivery and acceptance
- Title passes only when the grantor delivers the deed and the grantee accepts it; the grantee never signs the deed.
- Recording
- Entering a deed in the public record; gives constructive notice to the world and sets lien priority.
- Constructive notice
- Notice the law presumes everyone has because a document is recorded in the public record or possession is visible.
- Florida 'notice' recording state
- A later good-faith purchaser without notice of a prior unrecorded interest is generally protected over the unrecorded interest.
- Title insurance
- A policy protecting the insured against loss from title defects that existed before the policy date, such as liens or recording errors.
- Owner's vs. lender's title policy
- An owner's policy protects the buyer's equity; a lender's policy protects the mortgage lender and is usually required for a loan.
- Chain of title
- The recorded history of ownership of a parcel, established by a title search of the public record.
- Cloud on title
- A claim or encumbrance that may impair title; often removed with a quitclaim deed or a quiet-title action.
- Market value
- The most probable price a property should bring in a competitive, open market under fair-sale conditions; an opinion of value.
- Market value vs. market price
- Market value is an opinion of the most probable price; market price is the actual price a property sold for.
- Highest and best use
- The legally permissible, physically possible, financially feasible, and most profitable use of a site — the basis of value.
- Principle of substitution
- A buyer pays no more than the cost of an equally desirable substitute property.
- Progression / regression
- A modest home gains value near larger ones (progression); a fine home loses value near lesser ones (regression).
- Sales comparison approach
- Compares the subject to recently sold similar properties, adjusting for differences. Best for homes.
- Cost approach
- Land value + cost to rebuild the improvements new − depreciation. Best for new or special-use property.
- Income (capitalization) approach
- Value = net operating income ÷ capitalization rate. Best for income-producing property.
- Net operating income (NOI)
- Effective gross income minus operating expenses, before any mortgage payment.
- Capitalization rate
- Rate of return on an income property: NOI ÷ value. A higher cap rate implies more risk and a lower value.
- Reconciliation
- Weighing the three value indications (not averaging) into one final opinion of value.
- Depreciation (appraisal)
- A loss in value from physical deterioration, functional obsolescence, or external (economic) obsolescence.
- Appraisal
- An impartial, supported opinion of value by a licensed appraiser as of a specific date, following USPAP.
- Comparative market analysis (CMA)
- A licensee's estimate of value from recent comparable sales to help price a listing — not a formal appraisal.
- USPAP
- Uniform Standards of Professional Appraisal Practice — the professional standards an appraiser must follow.
- Plottage / assemblage
- Combining adjacent parcels (assemblage) to create added value (plottage) greater than the sum of the parts.
- Contract
- A legally enforceable agreement between competent parties to do or refrain from doing a lawful act.
- Essential elements of a valid contract
- Mutual agreement (offer and acceptance), consideration, legal purpose, and competent parties — plus writing for real estate.
- Statute of frauds
- Requires contracts for the sale of real estate (and most leases over a year) to be in writing to be enforceable.
- Void vs. voidable
- Void = missing an essential element (no contract); voidable = a party may rescind (e.g., a minor's contract).
- FAR/BAR contract
- The FloridaRealtors/FloridaBar Residential Contract for Sale and Purchase — the standard Florida purchase agreement.
- Earnest money
- A buyer's good-faith deposit; held in a Florida trust account and usually applied to the price at closing.
- Contingency
- A condition that must be met for a contract to become binding, such as financing, inspection, or appraisal.
- Specific performance
- A court remedy compelling a defaulting party to carry out the contract because real estate is unique.
- Liquidated damages
- A pre-agreed amount (often the deposit) the seller keeps if the buyer defaults, in lieu of suing for actual damages.
- Counteroffer
- A response that rejects the original offer and creates a new one the other party may accept or reject.
- Agency
- A fiduciary relationship in which an agent represents a principal in dealings with third parties.
- Single agent fiduciary duties (FL)
- Loyalty, confidentiality, obedience, and full disclosure — plus the duties every licensee owes.
- Listing agreement
- A contract employing a broker to find a buyer for the owner's property in exchange for compensation.
- Exclusive right-to-sell listing
- The listing broker earns the commission no matter who finds the buyer.
- Open listing
- Only the broker who actually finds the buyer earns the commission; the owner may also sell it personally.
- Procuring cause
- The agent whose actions set in motion an unbroken chain of events leading to the sale, earning the commission.
- Ready, willing, and able buyer
- A buyer prepared to purchase on the seller's terms; producing one generally earns the broker the commission.
- Fair Housing Act (1968)
- Federal law banning housing discrimination based on race, color, religion, national origin, sex, familial status, and disability.
- Seven federal protected classes
- Race, color, religion, national origin, sex, familial status, and disability.
- Florida Fair Housing Act
- Chapter 760, F.S. — mirrors the federal classes; complaints go to the Florida Commission on Human Relations or HUD.
- Steering
- Illegally guiding buyers toward or away from neighborhoods based on a protected class.
- Blockbusting
- Inducing owners to sell by claiming members of a protected class are moving in, to profit from turnover — illegal.
- Redlining
- A lender's illegal refusal to lend or insure in certain areas based on the racial or ethnic makeup of the neighborhood.
- Reasonable accommodation
- A rule change (e.g., allowing a service animal) a housing provider must permit for a person with a disability.
- Reasonable modification
- A physical change to a unit (e.g., a ramp) a tenant with a disability may make, generally at their own expense.
- Familial status
- Protects households with children under 18 and pregnant persons from housing discrimination.
- Trust (escrow) account
- Where a Florida broker must keep client funds, separate from operating money. Commingling is a violation.
- Negotiable commission
- Commission rates are always negotiable; competing brokers may not agree to fix them (an antitrust violation).
- Gross lease
- The landlord pays the property expenses (taxes, insurance, maintenance); the tenant pays a flat rent.
- Net lease
- The tenant pays some or all property expenses on top of base rent.
- Percentage lease
- Retail rent tied to a percentage of the tenant's sales, often with a base minimum.
- Lessor vs. lessee
- Lessor = landlord (grants the lease); lessee = tenant (receives the right to use).
- Property management agreement
- A contract employing a manager to operate an owner's property — leasing, rent collection, maintenance, and accounting.
- Material fact
- A fact that would affect a reasonable buyer's decision to buy or the price they would pay; it must be disclosed.
- Johnson v. Davis (1985)
- Florida case: a residential seller and licensee must disclose all known facts that materially affect value and are not readily observable.
- Latent defect
- A hidden physical defect not discoverable by ordinary inspection; a known latent defect must be disclosed.
- Caveat emptor (limited)
- 'Let the buyer beware' — now limited in Florida by Johnson v. Davis and statutory disclosure duties.
- Florida radon gas disclosure
- Section 404.056(5), F.S. — a statutory radon warning must be given to a buyer or tenant in every sale or rental contract.
- Radon
- An odorless, naturally occurring radioactive gas from soil; the second-leading cause of lung cancer.
- Coastal Construction Control Line (CCCL) disclosure
- Required when residential property is partly or fully seaward of the CCCL, given before the contract is signed.
- HOA disclosure summary
- Section 720.401, F.S. — a buyer of a parcel in a mandatory homeowners' association must receive a summary stating membership is mandatory and assessments may be levied.
- Lead-based paint disclosure
- Federal: pre-1978 housing requires disclosure of known lead paint, the EPA pamphlet, and a 10-day inspection window for sales.
- Title X (1992)
- The federal Residential Lead-Based Paint Hazard Reduction Act — source of the lead-paint disclosure rule.
- Asbestos
- Hazardous fibers in old insulation/flooring; controlled by removal or encapsulation.
- Underground storage tank
- Can leak and contaminate soil and groundwater, creating cleanup liability.
- Stigmatized property
- Property psychologically impacted by an event (e.g., a death); disclosure rules vary and differ from physical defects.
- Property condition disclosure statement
- A seller's form listing known defects; commonly used to satisfy the Johnson v. Davis disclosure duty.
- Mortgage
- A loan secured by real property; the borrower (mortgagor) pledges the property as collateral to the lender (mortgagee).
- Promissory note
- The borrower's written promise to repay a debt — the evidence of the debt that the mortgage secures.
- Hypothecation
- Pledging property as security for a debt without giving up possession — what a mortgage does.
- Acceleration clause
- Lets the lender demand the full balance on default.
- Due-on-sale (alienation) clause
- Requires the loan to be paid in full when the property is sold.
- Defeasance clause
- Releases the lien when the debt is fully paid.
- Amortization
- Repaying a loan through regular payments of interest and principal so the balance reaches zero by the end of the term.
- Loan-to-value ratio (LTV)
- Loan amount ÷ property value or price; a higher LTV means a smaller down payment and more lender risk.
- Private mortgage insurance (PMI)
- Insurance a conventional borrower usually pays when the LTV is over 80% (down payment under 20%).
- Conventional loan
- A loan not backed by the government; PMI is usually required when the down payment is under 20%.
- FHA loan
- A loan insured by the Federal Housing Administration; low down payments, with mortgage insurance premiums.
- VA loan
- A loan guaranteed by the Department of Veterans Affairs for eligible veterans; often no down payment (up to 100% LTV).
- Discount points
- Prepaid interest paid at closing to lower the loan's rate; one point equals 1% of the loan amount.
- RESPA
- Real Estate Settlement Procedures Act — requires loan-cost disclosures (Loan Estimate, Closing Disclosure) and prohibits kickbacks.
- TILA
- Truth in Lending Act — requires lenders to disclose the cost of credit, including the APR (Regulation Z).
- Loan Estimate
- Due within 3 business days of application; discloses estimated loan terms and closing costs.
- Closing Disclosure
- Must reach the borrower at least 3 business days before closing; shows final loan terms and costs.
- Foreclosure
- The legal process by which a lender forces the sale of property to recover an unpaid debt. Florida is a judicial-foreclosure state.
- Documentary stamp tax on a deed
- $0.70 per $100 of consideration (Miami-Dade $0.60 + surtax); customarily paid by the seller (s. 201.02, F.S.).
- Documentary stamp tax on a note
- $0.35 per $100 of the loan obligation; customarily paid by the buyer/borrower (s. 201.08, F.S.).
- Florida intangible tax
- 2 mills — $0.002 per $1 ($0.20 per $100) — on a new mortgage; paid by the buyer/borrower (s. 199.133, F.S.).
- Who pays Florida transfer taxes
- Seller pays the deed doc stamps; buyer pays the note doc stamps and the intangible tax on the mortgage.
- Acre conversion
- 1 acre = 43,560 square feet; convert square feet to acres by dividing by 43,560.
- Section acreage
- 1 section = 1 square mile = 640 acres.
- Area of a rectangle
- Length × width. A 150 ft × 290 ft lot = 43,500 square feet ≈ 1 acre.
- Commission formula
- Commission = sale price × commission rate. A $300,000 sale at 6% = $18,000.
- Price for a target net
- Net ÷ (1 − commission rate). A $282,000 net at 6% = $282,000 ÷ 0.94 = $300,000.
- LTV calculation
- Loan ÷ value. An 80% LTV on a $300,000 home is a $240,000 loan and a $60,000 down payment.
- Income-approach value
- Value = NOI ÷ cap rate. $90,000 NOI at a 9% cap rate = $1,000,000.
- Mill
- $0.001 of tax per dollar of assessed value, so 18 mills = 0.018 = 1.8%.
- Annual property tax
- Assessed value × tax rate (or mills × 0.001). A $320,000 assessment at 18 mills = $5,760.
- Proration
- Dividing prepaid or accrued expenses (taxes, rent, interest) between buyer and seller by days of ownership.
- Florida taxes paid in arrears
- Florida property taxes are paid in arrears, so accrued taxes are a seller DEBIT and a buyer CREDIT at closing.
- Deed doc-stamp calculation
- (Price ÷ 100, rounded up to the next $100) × $0.70. A $350,000 deed = 3,500 × $0.70 = $2,450.
- Note doc-stamp calculation
- (Loan ÷ 100, rounded up) × $0.35. A $200,000 note = 2,000 × $0.35 = $700.
- Intangible-tax calculation
- Loan × 0.002. A $200,000 mortgage = $200,000 × 0.002 = $400.
- Percent of profit/loss
- Divide the gain or loss by the ORIGINAL cost (not the sale price).
- 360-day year (banker's year)
- Many proration problems use a 360-day year (a 30-day month) unless told to use actual days.
- FHA & VA loans on LTV
- Government-backed FHA and VA loans allow much higher LTVs than conventional; VA can reach 100% for eligible veterans.
- Mortgagor vs. mortgagee
- Mortgagor = the borrower who pledges the property; mortgagee = the lender who receives the lien.
- Owner-developer
- An entity that may register sales associates and pay them directly under Florida law, like a broker for its own projects.
- Brokerage entity registration
- A Florida brokerage must register its trade name and broker with the DBPR; the office must display the required entrance sign.
- Mutual recognition
- Florida agreements with certain states letting their licensees obtain a Florida license by passing only the Florida-law portion.
- Group license
- Allows a sales associate of an owner-developer to work at multiple developments owned by the same entity under one registration.
- Effective vs. current license
- A current license is properly renewed; an effective (active) license also permits performing real estate services for compensation.
- Bundle vs. stick analogy
- Ownership is a 'bundle of sticks' — an owner can lease or sell one right (a stick) while keeping the rest.
- Severance vs. annexation
- Severance turns real property into personal (e.g., cutting a tree); annexation turns personal into real (attaching a fixture).
- Lis pendens
- A recorded notice that litigation is pending that may affect title to a property.
- Mortgage lien priority
- Generally 'first in time, first in right' by recording date, except property-tax liens, which take priority.
- Effective gross income (EGI)
- Potential gross income minus vacancy and collection losses, plus other income — the basis for NOI in the income approach.