It has been brought to my attention from several sources that we again have an unlicensed person in one of our subdivisions who is charging home sellers to market their homes. While it is perfectly legal for you to sell your OWN home, you cannot sell another person's residence for him. As I have reported before, this is a serious crime in Florida, a third degree FELONY. Below are some excerpts from our state's statutes.
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.
775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--..............
.......d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years OR $5,000, when the conviction is of a felony of the third degree.
475.41 Contracts of unlicensed person for commissions invalid.--No contract for a commission or compensation for any act or service enumerated in s. 475.01(3) is valid unless the broker or sales associate has complied with this chapter in regard to issuance and renewal of the license at the time the act or service was performed.
Again, these apply to the person who is acting as an illegal agent, not to private home sellers. Check with your attorney if you are not sure.
And beyond committing a felony, what will this unlicensed, untrained, and inexperienced individual be able to do for you? In the end you may have to wait longer to sell your home and get less money for it. Even if he or she was an agent in another state or was an agent in Florida in the past, their actions now are still illegal. And regulations and conditions change from state-to-state and over time. So what they used to know, may no longer be valid. If they want to sell real estate they need to get the training and licenses like the rest of us. Then they can serve their customers well. When they do not, they do us all a great disservice.
I find this behavior even more repugnant when it happens to those who are perhaps too trusting of others and are likely ignorant of what the laws require here. These poor victims have little idea of the trouble an unlicensed agent can cause them.
It is true that I do not work for free. I have to make a living. But I use my experience, training, intelligence, internet savy, and loyalty to my customers to do the best job I can for them. I am a full-time, full-service agent, and my former clients can attest to the hardwork I put into my job. No one has ever said that I do not earn the reasonable commission I receive when a home sells. You do get what you pay for.
A criminal with less than adequate qualifications is very unlikely to get the same accolades.
If you feel you have been approached by or taken advantage of by an unlicensed agent, you can call the state at: 1-866-532-1440 and report it. I encourage you to do so. Having unlicensed agents out there committing felonies is not good for anyone.
Since I am NOT an attorney, if you have specific questions about or need interpretations of these statutes, I urge you to speak to a lawyer so you are not taken advantage of by these unscrupulous persons that are out there.
If I can be of any service to you, do not hesitate to call me at: 813-783-4444 or e-mail me at: jelwell1@tampabay.rr.com
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