An active Florida real estate sales associate license is required when you represent a buyer or seller in a real estate transaction, including listing, selling, purchasing, leasing, lease options and renting, and earn a commission for services rendered. In addition, a license enables you to advertise and market real estate properties and your services.
However, a real estate license is not required in the following situations and circumstances occurring in Florida:
●An attorney who only executes conveyances through contracts or whose only real estate activity is otherwise within the scope of their professional duties.
●A certified public accountant performing real estate activity within the scope of their professional duties as a trustee, a receiver, magistrate, or by court appointment, where the purpose is philanthropic.
●Any person, legal entity (like a corporation, trust, or partnership) that sells/leases its own property unless an individual is paid a commission per transaction.
●Any employee of a public utility, local/state government agency, or railroad, who must appraise, rent, sell, or lease/auction real estate to be used by their employer as part of their job, with no additional compensation.
●Any employee of an apartment project who works in the rental office, leasing units onsite for the owner or broker of the complex.
●Anyone salaried employee managing a cooperative/condo project in which there may be rental activities for individual units. However, the period to rent the units must be one year or less.
●Any person or legal entity (corporation or partnership) that, for compensation, sells, buys, or negotiates the purchase/sale of any regulated television, cable, or radio business, unless the transaction includes real property (land, buildings, and other improvements).
●A full-time graduate student attending a Florida Real Estate Commission-approved degree program in Florida, who is acting under the capacity of a licensed appraiser/broker, and only engaged in appraising activity. However, the appraisal must be issued in the name of the person supervising the graduate student.
●The owner of one (or part of a) timeshare who chooses to sell their own timeshare after owning and occupying the property.
●Any company that exchanges timeshares.
●Anyone who is licensed or registered by the Department of Business and Professional Regulation and works as an appraiser or trainee who performs appraisal activities as a part of their job.
●Any individual appraising a railroad (or terminal company) to determine value for tax purposes.
●Any legal entity (partnership, corporation, etc.) or person who is paid compensation for renting or advertising any public lodging for transient occupants.
●A properly registered dealer or any FDIC bank or parent institution who sells, buys, or rents/leases any business entity to an accredited investor. This specific exemption is applicable to any assets/stocks used in the sale or purchase of a business enterprise. It does not apply to the sale, purchase, or rental of land, buildings, or any other improvements not included in the sales or purchase of a business enterprise.
● Owners of apartment projects or property management professionals who pay a referral fee of $50 or less, to an unlicensed individual who rents a unit in the project. This exemption does not authorize unlicensed individuals to promote real estate services, such as the leasing of units.