The 2023 Florida Statutes (including Special Session C)
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. . . See, e.g. , §§ 475.42(2), 475.482, 475.483, Fla. Stat. (2018). . . .
. . . licensee in the transaction; provided the act was a violation proscribed in section 475.25 or section 475.42 . . .
. . . Deceptive Trade Practices Act (FDUTPA, Chapter 501, Florida Statutes (2016)), violation of sections 475.42 . . .
. . . and do not, reach the issue of whether Puig's fraud claim is precluded by the application of section 475.42 . . .
. . . .-2., 475.42(l)(e), (l)(n), Fla. Stat. (2012); see also Zichlin v. . . .
. . . state by any broker or sales associate,” if that act “was a violation proscribed in s. 475:25 or s. 475.42 . . .
. . . . § 475.42, Fla. Stat.” Id. at 774 (emphasis added). . . .
. . . . § 475.42(l)(j), Fla. Stat. (2009). . . . Id: So, although the first sentence of section 475.42(l)(j) would preclude a broker from filing a false . . . (Fla. 3d DCA 2002) (distinguishing cases that “were decided prior to the 1985 amendments to section 475.42 . . . Rivage Beach Resort, Inc., 774 So.2d 900, 902 (Fla. 4th DCA 2001) (noting “the last sentence of section 475.42 . . . As such, the lien is “permitted by contractual agreement,” and is proper under section 475.42(l)(j). . . .
. . . estate licensee in the transaction; provided the act was a violation proscribed in s. 475.25 or s. 475.42 . . .
. . . person licensed, certified, or registered pursuant to chapter 475, which act or practice violates § 475.42 . . .
. . . it purports to encumber or cloud title to the real property subject to the contract for sale, see § 475.42 . . .
. . . . § 475.42(l)(d). . . . Section 475.42(l)(d) prohibits an action to enforce a contract between a salesman and a client because . . . Stat. §§ 475.42(l)(d) because the real estate commission at issue was paid to TBM who was a licensed . . .
. . . While it appears that Labruzzo received real estate commissions while he was not licensed, see § 475.42 . . .
. . . Section 475.42(l)(a) provides that a corporation may be criminally punished for operating as a broker . . .
. . . Peeples contends that section 475.42(l)(d), Florida Statutes (2002), requires any claim for a real estate . . . Here, Peeples never sought dismissal of Morroni’s complaint based' on section 475.42(l)(d). . . . Because Peeples never presented the issue of the applicability of section 475.42(l)(d) to the trial court . . . Second, on a substantive level, section 475.42(l)(d) does not bar Morroni’s action because her complaint . . . between Morroni and Pee-ples, the dismissal of the action cannot be sustained on the basis of section 475.42 . . .
. . . and the subsequent extension thereof, was contradictory to the express language contained in section 475.42 . . . prohibit a broker from placing a lien on a property where expressly permitted by contractual agreement. § 475.42 . . . Board of Real Estate, 385 So.2d 1131 (Fla. 3d DCA 1980), for the proposition that pursuant to section 475.42 . . . These cases, however, were decided prior to the 1985 amendments to section 475.42, which added the final . . . judgment but not the filing of a lis pendens would be contradictory to the legislative intent of section 475.42 . . .
. . . maintaining marketing expenses below a certain percentage of gross real estate sales is barred by section 475.42 . . . barred, inter alia, because Harris was a “real estate broker or salesman” within the meaning of section 475.42 . . . The trial court cited section 475.42(l)(d), Florida Statutes (1993), [Note 1] as its basis for dismissing . . . whether the trial court erred in dismissing Count II of the second amended complaint as barred by section 475.42 . . .
. . . estate licensee in the transaction; provided the act was a violation proscribed in s. 475.25 or s. 475.42 . . .
. . . Section 475.42(l)(j), Florida Statutes, prohibits a real estate broker or salesman from placing a mortgage . . . However, the last sentence of section 475.42(1)0) provides that the broker is not “prohibit[ed] ... from . . . commission, but was completely unrelated to the brokerage business and, therefore, is not barred by section 475.42 . . .
. . . The trial court dismissed Counts II, III, and IV as in violation of section 475.42(l)(d), Florida Statutes . . . The trial court cited section 475.42(1)(d), Florida Statutes (1993), as its basis for dismissing this . . .
. . . licensee, registrant, permittee, or applicant: (a) Has violated any provision of s. 455.227(1) or of s. 475.42 . . .
. . . After an informal hearing he was found guilty of violating sections 476.25(l)(o) and 475.42(l)(e), Florida . . .
. . . .; also see Florida Statute § 475.42(l)(d). . . .
. . . SRI argued that because section 475.42(d), Florida Statutes (1989) prohibits a real estate salesperson . . . Banyan, therefore, was the proper party under section 475.42(d) to bring the action for Ms. . . . Section 475.42(d) provides: No salesperson shall collect any money in connection with any real estate . . .
. . . The Commission cited §§ 475.42(l)(k) and 475.483(2)(d), Fla.Stat. (Supp.1988). . . . .
. . . . § 475.42(l)(a), Fla.Stat.1989. . . . Even if the individuals were licensed salesmen, a salesman cannot operate as a real estate broker. §§ 475.42 . . . See §§ 475.42(l)(d) and 475.01(2), Fla.Stat.1989. . . .
. . . invalidates any contract for payment of a commission to an unlicensed real estate salesman, and section 475.42 . . . commission to be paid to an unlicensed salesman by the customer which is invalidated by sections 475.41 and 475.42 . . . ), as an owner-seller of real property, renders the contract-voiding feature of sections 475.41 and 475.42 . . . Section 475.42(l)(d) provides: No salesman shall collect any money in connection with any real estate . . .
. . . . § 475.42(2) (1989). The named Defendants, GEORGE STUART, JR. . . .
. . . Apparently, the trial court found neither was a proper party by virtue of section 475.42(1)(d), Florida . . . who is their employer at the time the services entitling the salesman to compensation are rendered. § 475.42 . . . Section 475.42(1)(d), Florida Statutes (1983), provided that a salesman may not sue anyone other than . . . there are two transactions under the applicable 1983 statutes which fall outside the purview of section 475.42 . . . Section 475.42(1)(d), Florida Statutes (1983) reads as follows: 475.42 Violations and penalties.— (1) . . .
. . . for summary judgment and entered summary judgment against appellant only on the ground that section 475.42 . . . The section relied upon as dispositive by the trial court, section 475.42(1)(d), provides as follows: . . .
. . . We disagree with Futch’s final assertion that section 475.42(l)(d), Florida Statutes, indicates that . . . Section 475.42(l)(d) provides: No salesman shall collect any money in connection with any real estate . . . We therefore affirm the trial court’s conclusion that section 475.42(1)(d), Florida Statutes did not . . .
. . . . § 475.42(l)(d) (1983) which provides in pertinent part as follows: No salesman shall collect any money . . . (Debtor’s Exh. # 2) Wood attempts to circumvent the operation of § 475.42 by her assertion that she was . . . satisfied that Wood was a salesperson employed by Leslie Blank, Inc. within the meaning of Fla.Stat. 475.42 . . . despite her assertion that she operated as an independent contractor, particularly in light of Fla.Stat. 475.42 . . .
. . . Furthermore, because of the statutory impediment created by section 475.42(l)(d), Florida Statutes, Dennison . . .
. . . Section 475.42(l)(d), Florida Statutes (1981), provides: No salesman shall collect any money in connection . . . was necessary to resolve apparently conflicting evidence pertaining to the applicability of Section 475.42 . . .
. . . Frederich denied the right of Mitchell to seek recovery citing Section 475.42 Florida Statutes (1979) . . . framed in this Court’s Order dated June 3,1982, to wit: “Whether the application of Florida Statute 475.42 . . . Section 475.42 Florida Statutes (1979) cannot prevent Mitchell as a salesman from receiving the benefit . . . the Board of Real Estate of the State of Florida that their administrative interpretation of Section 475.42 . . .
. . . Appellant was charged with violating section 475.42(l)(j), Florida Statutes (1979), and therefore section . . . Section 475.42(l)(j) reads as follows: (j) No broker or salesman shall place, or cause to be placed, . . . ’s filing of a lis pendens to recover a real estate commission has been held a violation of section 475.42 . . . We hold that the proscriptions of section 475.42(l)(j) against the filing of a lis pendens to collect . . .
. . . Instead, the claim of respondent is based upon a contract for a real estate broker’s fee and section 475.42 . . .
. . . . § 475.42, Fla.Stat. . . .
. . . The complaint filed by the Commission charged that the respondents had violated Section 475.42(l)(j), . . . or suspension of registration, demands an exemplary level of behavior within the profession; Section 475.42 . . . Finding no error, we affirm the administrative decision. . § 475.42(l)(j), Fla.Stat. (1977), provides . . .
. . . rather than to the bankrupt broker, the commission agreement was illegal by virtue of Florida Statute § 475.42 . . . Florida Statute § 475.42(l)(d) provides in pertinent part as follows: “No salesman shall collect any . . . and Potts the right to receive directly the commission payments was in violation of Florida Statute § 475.42 . . . As this is an obvious attempt to circumvent the prohibition of Florida Statute § 475.42, this Court must . . . under the Bankruptcy Act against whom the agreement would be voidable in light of Florida Statute § 475.42 . . .
. . . I cannot concede that Section 475.42(l)(k) precludes any discretion in the Commission to refuse a requested . . . I do not believe Section 475.42(l)(k) can be isolated from the provisions of Section 475.-47, prohibiting . . . Respondent Childers applied to FREC to change their corporate names in accordance with Florida Statute § 475.42 . . . Florida Statute § 475.42(l)(k) provides: “No person shall operate as a real estate broker under a trade . . .
. . . Section 475.42(1)(c), Florida Statutes. . . .
. . . not a broker may file his lis pendens to assist him collect a brokers commission, in the light of § 475.42 . . .
. . . Counts II, IV and VI charged Vining with violations of § 475.42, Fla.Stat., F.S. A. . . .
. . . On the authority of § 475.42(1)(j), Fla.Stat., which states in pertinent part that “No real estate broker . . .
. . . Therefore, the requirement of Sec. 475.42(1) (d), Florida Statutes, F.S.A., that appellee be registered . . .
. . . Section 475.42(3) (b) states that “person” as used in Chapter 475, Florida Statutes, shall refer to an . . . Section 475.42(2), Florida Statutes. . . .
. . . Ziedrich, 199 Or. 505, 263 P.2d 611; § 475.42(1) (b) (d), Fla. Stat., F.S.A. . . . Romfh Bros., Inc., Fla.App.1961, 132 So.2d 466; § 475.42(1) (b) (d), Fla.Stat., F.S.A. . . . “Under the provisions of Section 475.42, Florida Statutes [F.S.A.], it appears that under the facts adduced . . .
. . . . § 475.42(1) (e), F.S.A., stated “that no person shall sell or offer for sale any real property or interest . . .
. . . Section 475.42(3) states that a single act brings a person within the statute. . . .
. . . Commission suspending for six months his registration as a broker for an alleged violation of Section 475.42 . . . The essential elements necessary to prove a violation of Section 475.42(1) (g), F.S.1967, F.S.A., are . . . F.S. 475.42 F.S.A. . . .
. . . without being the holder of a current valid registration certificate as a broker contrary to Subsection 475.42 . . . (1) (a) and 475.42(1) (b), and is guilty of collecting an earnest money deposit in connection with a . . . real estate brokerage transaction in his own name contrary to subsection 475.42(1) (d), all in violation . . . Fla.Stat. §§475.25(1) (a), 475.42(1) (d), F.S.A. . Fla.Stat. § 475.25(1) (a), F.S.A. .See Peck v. . . .
. . . broker, all in violation of Florida Statutes Sections 475.25 (1) (a), 475.25(1) (d), 475.25(1) (i), and 475.42 . . . competent evidence to support a finding that Florida Statutes Sections 475.25(1) (d), 475.25(1) (i) and 475.42 . . .
. . . “The respondent, Curry, charged on April 17, 1959, that petitioner violated section 475.42(1) (k) Fla.Stat . . .
. . . complaint upon the ground that the note sued upon was illegal because it was given in contravention of § 475.42 . . .
. . . to maintain an action against his employer to recover commissions or compensation is recognized in § 475.42 . . .
. . . The client defended on the ground that § 475.42(d), Fla.Stat., F.S. . . . If the broker permitted Rutherford to operate out of her office in violation of § 475.42, this would . . .
. . . lower court must be reversed on the first point of the defendant on appeal, namely, whether under § 475.42 . . .
. . . times pertinent to this cause, as follows: COUNT ONE charged the petitioners with violation of Section 475.42 . . . a valid current registration certificate as such from the Commission is guilty of violating Section 475.42 . . . , the examiner suggested the entry of an order holding the petitioners guilty of violating Sections 475.42 . . . F.S. § 475.42(1) (a), F.S.A., provides: “(a) No person shall operate as a real estate broker or salesman . . . authorizing the Commission to enter an order of suspension pursuant to Section 475.25(1) (a) and Section 475.42 . . .
. . . Moreover, another section of the law, Sec. 475.42(1) (a) prohibits a person from so operating unless . . .
. . . Section 475.42(1) (a), Fla.Stat., F.S.A., prohibits one from operating as a real estate broker or salesman . . . See for example, §§ 475.42(2) and 475.55, Fla.Stat., F.S.A. . . .
. . . count one that the note sued on under that count was illegal because it was in contravention of section 475.42 . . . One of the defenses raised by defendant to the original complaint was that under section 475.42(1) (d . . . Section 475.42(1) (d) as previously footnoted prohibits a salesman from collecting any money in connection . . .
. . . In Seid’s first suit it was held that under § 475.42(1) (d), Fla.Stat., F.S.A., he lacked capacity to . . .
. . . Florida Statute 475.42(1) (d) . . .” . . . This court is not in agreement with the lower court’s interpretation of section 475.42(1) (d)„ and therefore . . .
. . . The respondent, Curry, charged on April 17, 1959, that petitioner violated section 475.42(1) (k), Fla.Stat . . .
. . . See Real Estate License Law, sections 475.17, 475.18, 475.25, and 475.42, Florida Statutes, F.S.A. . . .
. . . from retained discounts on title examinations, abstract extensions and title policies the sum of $8,-475.42 . . .
. . . The circuit judge dismissed the amended complaint upon the ground that the action was barred by § 475.42 . . .
. . . Sec. 475.42, F.S.A. provides in part that: “No person shall operate as & real estate broker or salesman . . . . §§ 475.42 and 475.01 (2), F.S.A., together [see our original opinion, where excerpts from these sections . . .
. . . of money to Craig-Shields — and by so doing he violated paragraph (k) of subsection (1) of section 475.42 . . .