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Florida Statute 475.41 | Lawyer Caselaw & Research
F.S. 475.41 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 475.41

The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 475
REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS
View Entire Chapter
F.S. 475.41
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.
History.s. 44, ch. 12223, 1927; CGL 4105; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 24, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 28, 30, ch. 88-20; s. 10, ch. 91-89; s. 4, ch. 91-429; s. 13, ch. 93-261; s. 39, ch. 2003-164.

F.S. 475.41 on Google Scholar

F.S. 475.41 on Casetext

Amendments to 475.41


Arrestable Offenses / Crimes under Fla. Stat. 475.41
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 475.41.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PHOENIX ASSET MANAGEMENT LLC, v. GCCFC ROUTE INDUSTRIAL, LLC,, 177 So. 3d 304 (Fla. Dist. Ct. App. 2015)

. . . The Property Owners then moved for summary judgment based on section 475.41, Florida Statutes (2014), . . . The Broker then argued that its claim could proceed under a common law exception to section 475.41 which . . . when the foreign broker is acting as a co-broker with a Florida broker, “the public policy of section 475.41 . . .

EKINS, v. HARBOURSIDE FUNDING, LP, a GP, LLC, a LLC, a, 608 F. App'x 803 (11th Cir. 2015)

. . . . § 475.41 which, briefly stated, invalidates contracts for unlicensed brokerage services. . . . indirect payment to Plaintiff for unlicensed brokerage services and, thus, is invalid under section 475.41 . . . Under section 475.41, “[n]o contract for a commission or compensation for any act or service enumerated . . . Stat. § 475.41. . . . Because we conclude that the Settlement Agreement is not invalid under section 475.41 and is enforceable . . .

UNITED STATES v. TRUJILLO,, 561 F. App'x 840 (11th Cir. 2014)

. . . As Appellant recognizes in her brief, however, under § 475.41 of the Florida Statutes, unlicensed brokers . . . Stat. § 475.41. . . .

SEREFEX CORPORATION, v. HICKMAN HOLDINGS, LP, LLC, D, 695 F. Supp. 2d 1331 (M.D. Fla. 2010)

. . . Florida Statute § 475.41 states that, “no contract for a commission or compensation for any act or service . . .

SCHICKEDANZ BROS. RIVIERA LTD. a a v. HARRIS a, 996 So. 2d 884 (Fla. Dist. Ct. App. 2008)

. . . See § 475.41, Fla. Stat. . . .

PANTON CO. REALTY, INC. a v. T. WOOD, a a, 958 So. 2d 541 (Fla. Dist. Ct. App. 2007)

. . . Panton contended that Brad Wood’s failure to comply with the licensing requirements of section 475.41 . . . granted appellees’ motions for summary judgment, holding that Brad Wood’s actions did not violate section 475.41 . . . The instant litigation turns on the application of section 475.41, Florida Statutes (2002), which reads . . . facts in the light most favorable to Panton, we find issues of material fact when applying section 475.41 . . .

In VILSACK, R. v. O TBM, 356 B.R. 546 (Bankr. S.D. Fla. 2006)

. . . Stat. § 475.41. . . . Stat. § 475.41. . . . Stat. § 475.41. . . . Stat. § 475.41. . . . Stat. § 475.41. . . .

METEOR MOTORS, INC. d b a v. THOMPSON HALBACH ASSOCIATES,, 914 So. 2d 479 (Fla. Dist. Ct. App. 2005)

. . . We hold that section 475.41, Florida Statutes (2004), prevents the broker from enforcing its fee contract . . . Section 475.41 provides that “[n]o contract for a commission or compensation for any act or service enumerated . . . Previews held that section 475.41 precluded the Georgia broker from enforcing his fee contract because . . .

BOCKAR, v. SAKOLSKY,, 592 So. 2d 251 (Fla. Dist. Ct. App. 1991)

. . . Section 475.41, Florida Statutes (1989), which invalidates any contract for payment of a commission to . . . estate commission to be paid to an unlicensed salesman by the customer which is invalidated by sections 475.41 . . . section 475.011(2), as an owner-seller of real property, renders the contract-voiding feature of sections 475.41 . . .

CENTRAL FLORIDA INVESTMENTS, INC. v. E. KOTT,, 579 So. 2d 750 (Fla. Dist. Ct. App. 1991)

. . . .§ 475.41, Fla.Stat. (1989). . . .

GANOT CORPORATION, a v. J. M. G. CONSTRUCTION CORPORATION, a, 560 So. 2d 804 (Fla. Dist. Ct. App. 1990)

. . . .-01 and 475.41 Fla.Stat. (1987); Hardcastle Pointe Corp. v. . . .

REVAC, S. A. v. ARTHUR V. WOODWARD, P. A. V., 550 So. 2d 3 (Fla. Dist. Ct. App. 1989)

. . . real estate commission because it was not entitled to enforce its commission contract under section 475.41 . . . Section 475.41, Florida Statutes (1981), invalidates any contract for a real estate commission for services . . . That court refused to apply section 475.41, Florida Statutes (Supp.1978), in the absence of any evidence . . . Thus, we hold that Revac’s undisputed activities in Florida were sufficient to invoke section 475.41, . . .

J. BERGIN, v. R. KICKLITER P. P. M. D. C., 538 So. 2d 950 (Fla. Dist. Ct. App. 1989)

. . . First, in Newcomer, the defendants attempted to defend on the basis of the provisions of section 475.41 . . . have enforced any agreement for compensation between the broker and the salesman because of section 475.41 . . .

In CAPTRAN CREDITORS TRUST,, 94 B.R. 769 (Bankr. M.D. Fla. 1988)

. . . CRI which was never licensed as a real estate broker and, therefore, under applicable law, Fla.Stat. 475.41 . . .

UNITED NATIONAL BANK OF MIAMI, v. AIRPORT PLAZA LIMITED PARTNERSHIP, MILAM DAIRY WAREHOUSE ASSOCIATES, v. AIRPORT PLAZA LIMITED PARTNERSHIP,, 537 So. 2d 608 (Fla. Dist. Ct. App. 1988)

. . . Even if the Warehouse Management Agreement was void under section 475.41, Florida Statutes (1985), with . . . limitation to payment out of a particular fund or source does not destroy negotiability. § 673.105(l)(g). . 475.41 . . .

SHOCHET SECURITIES, INC. v. FIRST UNION CORPORATION,, 663 F. Supp. 1035 (S.D. Fla. 1987)

. . . . §§ 475.41 and 475.01(3) to this transaction. . . . Florida Statutes, § 475.41 prohibits the payment of any “commission or compensation” for the acts of . . . SAYINGS CLAUSE Upon the enactment of Fla.Stat. § 475.41, the legislature also enacted § 475.17(3) which . . . The language of Fla.Stat. §§ 475.01(3) and 475.41 is clear. . . .

HARDCASTLE POINTE CORPORATION, v. COHEN,, 505 So. 2d 1381 (Fla. Dist. Ct. App. 1987)

. . . Section 475.41, Florida Statutes (1983), prohibits unlicensed brokers from collecting a commission on . . . Contrary to section 475.41, Florida Statutes (1983), the first paragraph of the contract was actually . . .

PREVIEWS, INC. a v. J. T. MURFF, Sr. J. T. Jr. d b a M- K, 502 So. 2d 1317 (Fla. Dist. Ct. App. 1987)

. . . Section 475.41, Florida Statutes (1985), provides, in part: No contract for a commission or compensation . . .

WTSP- TV, INC. v. NUMBER ONE REALTY CENTER, INC., 490 So. 2d 1273 (Fla. Dist. Ct. App. 1986)

. . . prior to the closing, however, Key Coastal lost its brokerage license with the result that section 475.41 . . .

MOORINGS DEVELOPMENT COMPANY, v. PORPOISE BAY CO. INC. a, 487 So. 2d 60 (Fla. Dist. Ct. App. 1986)

. . . argue that, although The Moorings Development Company was not a licensed broker as required by section 475.41 . . . Pursuant to section 475.41, the agreement between The Moorings Development Company and Porpoise Bay, . . . Section 475.41, Florida Statutes (1977), provides that no contract for a real estate commission is valid . . . plaintiff failed to obtain a broker’s license, the contract was void and unenforceable by virtue of section 475.41 . . .

GLOBAL RESORTS, INC. a v. FAMILLE, INC. a, 478 So. 2d 1179 (Fla. Dist. Ct. App. 1985)

. . . obtained a real estate broker’s license, the alleged oral contract was unenforceable pursuant to section 475.41 . . .

BAKER, v. PEDDIE, 467 So. 2d 821 (Fla. Dist. Ct. App. 1985)

. . . licensed as real estate brokers, his obligations under his notes to them would be invalid under section 475.41 . . .

R. WINCHESTER, v. AMRHEIN- HATCHER, INC. a a, 436 So. 2d 274 (Fla. Dist. Ct. App. 1983)

. . . Appellant’s argument is that the commission agreement here was invalid pursuant to Section 475.41, Florida . . . Statutes (1981), which provides as follows: 475.41 Contracts of unlicensed person for commissions invalid . . .

TASSY a v. A. HALL, A. a, 429 So. 2d 30 (Fla. Dist. Ct. App. 1983)

. . . The trial court ultimately entered a summary final judgment finding: (1) that section 475.41 Florida . . . Section 475.41, Florida Statutes (1981), is part of the Florida Real Estate Licensing Act and provides . . . We hold section 475.41 does not act to bar the foreign broker’s suit in this situation, provided that . . . Under these circumstances the public policy of section 475.41, Florida Statutes, is effectuated because . . . McKay, 176 So.2d 572 (Fla. 3d DCA 1965), which holds that under section 475.41, Florida Statutes, when . . .

TRUM CORP. a v. A. SATTERFIELD, III,, 421 So. 2d 608 (Fla. Dist. Ct. App. 1982)

. . . final judgment finding its commission contracts with appellee partnership invalid pursuant to Section 475.41 . . . Appellant simply asks whether the trial court erred in holding that Section 475.41 renders these contracts . . . In order to better understand the legislative intent of Section 475.41, we have highlighted the operative . . . (Emphasis added). § 475.41, Fla.Stat. (1977). . . . Section 475.41 works a forfeiture when an unregistered person performs the services for which the client . . .

SCHY, v. Z. MARGULIES,, 407 So. 2d 267 (Fla. Dist. Ct. App. 1981)

. . . Sections 475.41, 475.01(3), Florida Statutes (1979); First Equity Corp. of Florida v. . . .

M. LUCAS, F. v. GULF WESTERN INDUSTRIES, INC. a a v. NORANDA MINES, LIMITED, a, 666 F.2d 800 (3d Cir. 1981)

. . . . § 475.41 (West Supp.1978). . . .

F. WINTER v. SURFVIEW REALTY, INC. a, 400 So. 2d 839 (Fla. Dist. Ct. App. 1981)

. . . Section 475.41, Florida Statutes (1977), provides that no contract for a real estate commission is valid . . .

L. LUTSCH, v. A. Q. SMITH, 397 So. 2d 337 (Fla. Dist. Ct. App. 1981)

. . . brokers, was a commission, the agreement is unenforceable because of the prohibitory language in Section 475.41 . . .

C. B. ARBOGAST, Jr. C. B. C. B. Jr. J. F. Jr. v. E. BRYAN,, 393 So. 2d 606 (Fla. Dist. Ct. App. 1981)

. . . they amounted to splitting fees with a person not licensed to sell real estate, contrary to Section 475.41 . . .

KRIEGER, E. v. OCEAN PROPERTIES, LTD. a, 387 So. 2d 1012 (Fla. Dist. Ct. App. 1980)

. . . See Sections 475.01(2) and 475.41, Florida Statutes (1977). . . .

LLERA REALTY, INC. J. M. v. BOARD OF REAL ESTATE, 385 So. 2d 1131 (Fla. Dist. Ct. App. 1980)

. . . Section 475.41, Florida Statutes (1977), in effect, provides that only a real estate broker who is properly . . .

MARLIN, v. E. WILLIAMS VIKING COMMUNITIES CORP. v. E. WILLIAMS, E. WILLIAMS, v. VIKING COMMUNITIES CORP., 385 So. 2d 1030 (Fla. Dist. Ct. App. 1980)

. . . In this respect I note Section 475.41 of the Florida Statutes (1975) which states: Contracts of unregistered . . .

In FORTINER REALTY COMPANY, BANKRUPT. URANSKY, v. ALLRED, D., 1 B.R. 560 (Bankr. M.D. Fla. 1979)

. . . However, Newcomer, supra primarily involved Florida Statute § 475.41 which provides that a contract for . . .

MEADOWS OF BEAUTIFUL BRONSON, INC. a v. E. G. L. INVESTMENT CORP. a, 353 So. 2d 199 (Fla. Dist. Ct. App. 1977)

. . . Tisch, 153 So.2d 346 (Fla.3d DCA 1963); and Sections 475.01 and 475.41, Florida Statutes (1975). . . . Marqusee, 177 So.2d 370 (Fla.3d DCA 1965); and Sections 475.01 and 475.41, Florida Statutes (1975). . . .

S. A. RIZZO, W. K R Co. v. C. SCHWEBKE,, 348 So. 2d 1180 (Fla. Dist. Ct. App. 1977)

. . . registered real estate broker and therefore the Notes are illegal and void under Florida Statute Section 475.41 . . . Section 475.41, Florida Statutes, provides: “No contract for a commission or compensation for any act . . .

WALKER, v. OCEAN MILE LTD., 349 So. 2d 628 (Fla. 1977)

. . . brokers or salesmen are void because they are prohibited by the Florida Real Estate License Law, Section 475.41 . . .

W. HANKS, v. L. E. HAMILTON, Jr., 339 So. 2d 1122 (Fla. Dist. Ct. App. 1976)

. . . This is the very thing that the law is trying to avoid, sec. 475.41, F.S., and is against public policy . . . registered real estate salesman can enforce an agreement made with one who is so registered under Chapter 475.41 . . .

KAGAN, v. GARFINKLE, 312 So. 2d 778 (Fla. Dist. Ct. App. 1975)

. . . . § 475.41 provides as follows: “Contracts of unregistered person for commissions invalid. — No contract . . .

FIRST EQUITY CORPORATION OF FLORIDA, a v. RIVERSIDE REAL ESTATE INVESTMENT TRUST,, 307 So. 2d 866 (Fla. Dist. Ct. App. 1975)

. . . Section 475.41, Fla.Stat., F.S.A. provides that no contract for a commission or compensation for any . . . The appellant’s contention that it should be permitted to avoid the effect of § 475.41 on the ground . . .

DOROTHY K. WINSTON CO. v. TOWN HEIGHTS DEVELOPMENT, INC., 376 F. Supp. 1214 (D.D.C. 1974)

. . . It is undisputed that § 475.41 of the Florida Statutes, F.S.A., precludes recovery of a real estate sales . . . in Georgia and the Court there applied Florida law as the place of performance for the contract. § 475.41 . . . all the chaff is removed is Florida’s interest in registering real estate brokers as expressed in § 475.41 . . .

TRAFALGAR DEVELOPERS, LTD. v. GENEVA INVESTMENT LIMITED, 285 So. 2d 593 (Fla. 1973)

. . . was that respondents were only required to be registered at the time services were performed, Section 475.41 . . . The pertinent Florida statutory provisions provide, as follows: Section 475.41. . . . As aforestated, Section 475.41 specifically provides that contracts of unregistered person for commission . . .

MORGAN v. GLASSMAN, 285 So. 2d 673 (Fla. Dist. Ct. App. 1973)

. . . . § 475.41, F.S.A. . . . . § 475.41, F.S.A. provides that “[n]o contract” for compensation by an unlicensed person “shall be valid . . .

WILLNER v. D. WILDER, d b a, 280 So. 2d 1 (Fla. Dist. Ct. App. 1973)

. . . unregistered salesman in the employ of the broker, recovery of the claimed commission was precluded by § 475.41 . . . contrary to the letter and spirit of Chapter 475, Fla.Stat., F.S.A. and to the express prohibition of § 475.41 . . . In view of certain provisions of Chapter 475, Fla.Stat., F.S.A., including § 475.41, if the transaction . . . Section 475.41 Fla.Stat., F.S.A., provides : “No contract for a commission or compensation for any act . . .

GENEVA INVESTMENT, LIMITED, a v. TRAFALGAR DEVELOPERS, LTD. a, 274 So. 2d 581 (Fla. Dist. Ct. App. 1973)

. . . Additionally, our own Florida Statute 475.41, F.S.A., clearly states that registration is required at . . . the time of performing the services: “475.41 Contracts of unregistered person for commissions invalid . . . the contracts in the case sub judice are not void and unenforceable because registration under F.S. § 475.41 . . .

A. SEIJO De v. FUTURA REALTY, INC. a, 269 So. 2d 738 (Fla. Dist. Ct. App. 1972)

. . . . § 475.41, F.S.A. . . . Consequently, it is not a violation of the Florida Real Estate License Law, F.S. § 475.41, F.S.A. to . . .

J. BRADLEY E. v. M. BANKS d b a, 260 So. 2d 256 (Fla. Dist. Ct. App. 1972)

. . . . § 475.41, F.S.A. . . . The entire text of Fla.Stat. § 475.41, F.S.A., is as follows : “475.41 Contracts of unregistered person . . .

STOCKTON, WHATLEY, DAVIN COMPANY, v. N. HOLCOMB a, 232 So. 2d 748 (Fla. Dist. Ct. App. 1970)

. . . for a real estate commission to a nonlicensed real estate broker, in violation of F.S.1967, Section 475.41 . . . Honeylance, Inc., which is admittedly not a licensed real estate broker, earned the commission and Section 475.41 . . .

A. OUTLAND, v. L. WOOD, T. Jr. E. D. D., 224 So. 2d 352 (Fla. Dist. Ct. App. 1969)

. . . Section 475.41 provides that a contract to appraise is invalid unless the broker is registered. . . .

FLORIDA REAL ESTATE COMMISSION, v. RELIABLE RENTAL AGENCY, INC. a J., 209 So. 2d 675 (Fla. Dist. Ct. App. 1968)

. . . agent his agreed ten percent commission, contending the agent was barred from re-, covery thereof by § 475.41 . . .

FLORIDA BOCA RATON HOUSING ASSOCIATION, a v. MARQUSEE ASSOCIATES OF FLORIDA, INC. a, 177 So. 2d 370 (Fla. Dist. Ct. App. 1965)

. . . Section 475.41 Fla.Stat., F.S.A., provides as follows: “No contract for a commission or compensation . . .

E. NEWCOMER, L. E. v. S. A. RIZZO G. Ke- Ri- La Co. a, 163 So. 2d 312 (Fla. Dist. Ct. App. 1964)

. . . We must first determine the meaning of § 475.41, Fla.Stat., F.S.A., which provides: “No contract for . . . It necessarily follows that in order for the contract to be void by virtue of § 475.41 there must have . . . If Frasure were the only contracting party, the agreement would be valid insofar as § 475.41 is concerned . . . The contract rights contemplated by § 475.41 were conferred upon Frasure by virtue of paragraph 1 of . . . contend that to allow the enforcement of this contract would be tantamount to judicial repeal of § 475.41 . . .

N. POKRESS, v. TISCH FLORIDA PROPERTIES, INC. a a a a, 153 So. 2d 346 (Fla. Dist. Ct. App. 1963)

. . . the other hand, appellees maintain-that § 475.01, Fla.Stat., F.S.A., taken into conjunction with § 475.41 . . . it existed prior to 1961, to pay a commission for securing a purchaser out of the state, nor would § 475.41 . . . and held to be a ‘real estate broker’ or a ‘real estate salesman,’ as hereinafter-classified * * . § 475.41 . . . provides: “475.41 Contracts of unregistered' person for commissions invalid. . . .

J. COURSHON J. v. TOBIN,, 148 So. 2d 285 (Fla. Dist. Ct. App. 1963)

. . . Section 475.41, Fla.Stat., F.S.A., provides, in substance, that no contract for compensation for any . . .

CAPOBIANCO v. RENMAR CORPORATION, 20 Fla. Supp. 175 (Palm Beach Cty. Cir. Ct. 1962)

. . . Section 475.41, F.S., provides — No contract for a commission or compensation for any act or service . . .

R. E. HUGHES, v. H. CHAPMAN, H. CHAPMAN, v. R. E. HUGHES,, 272 F.2d 193 (5th Cir. 1959)

. . . The Florida statute requiring the licensing of real estate brokers, so far as here relevant, is: Ҥ 475.41 . . .

FEINER S ORGANIZATION, INC. a v. J. W. DICKSON, 114 So. 2d 513 (Fla. Dist. Ct. App. 1959)

. . . Florida Equipment Co. of Miami, Fla., 71 So. 2d 741; and Sections 475.01, 475.15, and 475.41, Florida . . .

A. WEGMANN, v. MANNINO, 253 F.2d 627 (5th Cir. 1958)

. . . Section 475.01 of the Florida statutes and was voided and unenforceable under prohibition of Section 475.41 . . . enumerated in subsection 2 of Section 475.01, Florida Statutes, which are rendered invalid by Section 475.41 . . . receive under his contract was for the-performance of such services and that, under the terms of Section 475.41 . . . otherwise be classed as a real estate broker or a salesman. * * * ” Applicable portions of Section 475.41 . . .