Thursday, September 17, 2015

Talking Points from the September, 2015 Florida Real Estate Commission Meeting

Talking Points at the Florida Real Estate Commission Meeting with The Climer School of Real Estate

Areas of Focus at the September 2015 Florida Real Estate Commission Monthly Meeting with The Climer School, the Best Real Estate License School in Florida.

The Climer School of Real Estate is the Best Real Estate School in Florida

Every single month, the Florida Real Estate Commission meets for two days at 400 West Robinson, North Tower, 9th Floor. They are the most powerful body within the Florida Real Estate Community and Industry. 

For most of Tuesday, they discuss topical and relevant issues that are of great concern and importance to them. Pam Matera and I (Andy Brown, the Best Real Estate Instructor in Florida and Head Instructor) have been attending every Tuesday session, at least as much as possible, since we took over The Climer School of Real Estate. The information that we glean is amazing. 

So… while I don’t know why I hadn’t thought of this before now, every month I will be blogging on the recent meeting letting you know what is on the minds’ of the 7 Commissioners and what may or will be coming up that will be affecting you in the foreseeable future. 

Teams 

The Commission is receiving a lot of complaints from the general public that when someone calls a ‘team’, they have no idea who they are working with. I promise you, if the public does not know or clearly understand who the individual agent is that they are working with, that is a problem with the Commissioners. 

 Another topic that was discussed is that the Team’s name is so prominently featured while the Brokerage is in the smallest font available, tucked away and hidden. It was mentioned that one possible solution is to make the font for the Brokerage the same as for the Team name. 

Sales Associates acting as Property Managers and Rental Agents 

You have no idea how many Sales Associates are doing this. They are taking fees for finding a tenant in their own names. They are taking advanced rents and security deposits in their own name and depositing them in their own escrow accounts. 

Clearly, they are complete idiots and did not go to The Climer School of Real Estate or they would have known that this is one of the biggest no-no’s a sales associate can possibly do. Every single penny that a Sales Associate takes, makes, or receives is in the name of their Brokerage and Broker. 

Moral Turpitude with No Evidence of Character 

This one always blows us away. Individuals who have been caught in a crime involving Moral Turpitude, either as a licensee or prior to and now they are requesting a license. 

Sex or inappropriate behavior with an under aged person is as close to a guaranteed revocation or denial as you can get. Often the back stories behind the charges disgust the Commissioners as I agree they should. They even make comments such as “We don’t want someone like this showing families around houses.” 

Individuals who are caught stealing items from houses are also pretty much guaranteed of not getting a license. The reasons should be obvious.

On many cases, as the Commissioners are reviewing the case file, they note that there is also no 'Evidence of Character' in the file. This is important to them and their decision. 

Are Franchises Businesses and Business Opportunities? 

The Commission was petitioned to make a Declaratory Statement regarding whether selling Franchises requires a Real Estate license. Does a Franchise fall under the Florida Statutes definition of a Business or a Business Opportunity? 

Both of these require a Real Estate license. Right now it seems as if it does but even the Commission’s legal counsel was not sure. This even brought up questions and discussions about MLM’s. 

 The Commission asked the Division of Real Estate Executive Director to discuss this with the Governor’s office as well as the Attorney General and the Department of Agriculture and Consumer Services. They feel that something is there but they are not inclined to make a decision without much more knowledge. 

Rhode Island and Missouri as Reciprocity States 

At the moment, there is no reciprocity in Florida with any other states. They have been in discussion for a while with Missouri and now Rhode Island has requested the same. If this is ever approved, it will not be for months. Remember, reciprocity is not mutual recognition. This would be very cool. I can tell you that I will be getting a real estate license in any state that we have reciprocity with! 

Real Estate Schools doing Illegal Activities 

I had a chance to have some discussion with one of the Commissioners at the conclusion of the meeting. Apparently and allegedly there are a couple of real estate schools in the central Florida area that are well known to the Commission for doing illegal activities. 

One of them, apparently and allegedly is not requiring their sales associate pre license students to take 63 hours which is the statutory and rule requirement. Another one has developed a reputation for selling Post 45 Pass Certificates without actually having attended a Post 45 class or done anything at all. They know about YOU! 

If these illegal activities are in fact going on, I hope these schools are shut down and fast. I hope you enjoyed this recap. 

I will be writing a blog like this monthly and letting you know what your Florida Real Estate Commission is talking and thinking about that will affect you!

Since 1998, The Climer School Of Real Estate is The Best Real Estate School in Florida. If you want to have the best chance of passing your Florida Real Estate Exam on your first try, then you need to attend classes at The Climer School. Call us at 407-822-3926 (EXAM), or stop by our website at www.ClimerRealEstateSchool.com . Ask for Andy Brown the Best Real Estate Instructor in Florida, Head Instructor and Director of Education & Training

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