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If you’re an Orlando real estate agent involved with a criminal conviction or the acceptance of a plea deal, it’s essential that you understand the rules and regulations that are set by the State of Florida and the Florida Real Estate Commission (FREC). Failing to do so could result in additional consequences beyond what has already been imposed by the criminal justice system. Here’s everything that you need to know. What Are the Repercussions for Failing to Report a Conviction or Plea Deal to FREC?For licensed real estate agents in the State of Florida, it’s important to understand that withholding criminal convictions or plea deals from the Florida Real Estate Commission could put your livelihood in jeopardy. FREC has the right to take disciplinary action against your license if you fail to report to them that you’ve been convicted or found guilty of a crime, even if that crime wasn’t committed in Florida. Florida Statute 456.072 notes that anyone who is licensed in the State of Florida can be disciplined for not reporting their crime to the board within 30 days, including licensed real estate agents: “Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. Convictions, findings, adjudications, and pleas entered into prior to the enactment of this paragraph must be reported in writing to the board…” For a first offense, you could face the following:
If you have two or more offenses, you could face an administrative fine of between $1,000 and $5,000, and your license could also be suspended or revoked. In determining this, FREC will consider factors such as the type of criminal charge for which you’re convicted, the degree of harm you’ve inflicted on the public, and whether you’ve had prior disciplinary issues. Fortunately, with an expert criminal defense lawyer by your side, you may be able to reduce or completely eliminate the penalties associated with the crime. How to Defend Yourself If Facing a Crime Directly Related to Real EstateIf someone files a complaint against you, there are a number of penalties you might face that could damage your career and personal life. Penalties that real estate agents or brokers might face include:
If a complaint has been filed against you, contact a license defense attorney with experience in real estate law as soon as possible. At The Umansky Law Firm, our attorneys can guide you through each stage of the process and help you determine the most strategic course of action based on the nature of the complaint. Likewise, we can help you prepare your defense, mitigate any potential penalties, and represent and defend you before the board. Contact the Trusted Attorneys at The Umansky Law FirmIf you’ve been convicted of a criminal act and are facing penalties for failing to report the crime to the Florida Real Estate Commission in Orlando—or if you’ve received an administrative complaint from the Florida Department of Business and Professional Regulation directly relating to real estate—seek professional legal assistance. For help protecting your rights, look no further than the expert legal team at The Umansky Law Firm. As former prosecutors and public defenders on a state and local level, our defense attorneys can provide you with a sound strategy and a concrete defense. With over 100 years of combined legal experience, our team has the time and expertise to launch an investigation into your case. We understand the ins and outs of Florida real estate law and serve to protect you from further punishment and damage to your reputation. Call or complete our online contact form for a free consultation. Failing to Report a Conviction or Plea to the Florida Real Estate Commission in Orlando 18VAC135-20-260. Prohibited acts.The following are prohibited acts: 1. Furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license; 2. Holding more than one license as a real estate broker or salesperson in Virginia except as provided in this chapter; 3. As a currently licensed real estate salesperson, sitting for the licensing examination for a salesperson's license; 4. As a currently licensed real estate broker, sitting for a real estate licensing examination; 5. Signing an experience verification form without direct supervision or actual knowledge of the applicant's activities as defined in §§ 54.1-2100 and 54.1-2101 of the Code of Virginia or unreasonably refusing to sign an experience verification form; 6. Having been convicted or found guilty regardless of the manner of adjudication in any jurisdiction of the United States of a misdemeanor involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury, or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for the purposes of this subdivision; 7. Failing to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty regardless of adjudication of any convictions as stated in subdivision 6 of this section; 8. Having had a license as a real estate broker or real estate salesperson that was suspended, revoked, or surrendered in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction; 9. Failing to inform the board in writing within 30 days of a disciplinary action as stated in subdivision 8 of this section; 10. Having been found in a court or an administrative body of competent jurisdiction to have violated the Virginia Fair Housing Act, the Fair Housing Laws of any jurisdiction of the United States, including without limitation Title VIII of the Civil Rights Act of 1968 (82 Stat. 73), or the Civil Rights Act of 1866 (14 Stat. 27), there being no appeal therefrom or the time for appeal having elapsed; 11. Actions constituting failing to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public, including but not limited to the following: a. A principal broker or supervising broker failing to ensure proper supervision and accountability over the firm's day-to-day financial dealings, escrow account or accounts, and daily operations; b. A broker failing to disburse funds from an escrow account according to the regulations or failing to properly retain documents relating to the basis for disbursal; c. A broker failing to ensure the licensees for whom the broker has oversight responsibility hold active licenses while practicing real estate; d. A broker failing to provide accurate and timely reports to the board about a licensee's compliance with the board's laws and regulations; e. A broker failing to have signatory authority on all accounts; f. A broker failing to account for or remit any moneys coming into a licensee's possession that belong to another; g. A licensee failing to submit to the broker in a timely manner, all earnest money deposits, contracts, listing agreements, deeds of lease, or any other documents for which the broker has oversight responsibility; h. A licensee negotiating leases for a third party through an unlicensed firm or without a principal broker; i. A licensee operating an unlicensed firm or acting as a principal broker; j. A licensee practicing real estate with an inactive or expired license; k. A licensee knowingly providing the broker with an earnest money deposit check from an account with insufficient funds; l. A licensee allowing unsupervised access to a home without the owner's authorization; m. A licensee failing to inform the broker of a transaction; and n. A licensee submitting unauthorized altered copies of a contract or contracts to the broker; and 12. Actions constituting engaging in improper, fraudulent, or dishonest conduct, including but not limited to the following: a. A licensee attempting to divert commission from the firm or sole proprietorship and direct payment to a licensee or an unlicensed individual who is not a party to the transaction; b. A licensee fabricating or altering any document with the intent to mislead; c. A licensee signing any documents on a client's behalf without first obtaining a client's proper written permission or authorization to sign said documents on his behalf; d. A licensee making an earnest money deposit payable to himself or negotiating the check without written authority; e. A licensee misrepresenting ownership of a property; f. A licensee submitting copies of the same earnest money deposit check for inclusion with multiple offers; g. A licensee entering into agreements to be compensated for real estate services while his license is inactive; h. A licensee representing in offers he received the earnest money deposit when he has not or he knows the check is worthless; and i. A licensee misrepresenting who is holding the earnest money deposit. Statutory Authority §§ 54.1-201 and 54.1-2105 of the Code of Virginia. Historical Notes Derived from VR585-01-1 § 6.7, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Errata, 19:14 VA.R. 2176, 2177 March 24, 2003; amended, Virginia Register Volume 31, Issue 26, eff. November 1, 2015; Volume 38, Issue 2, eff. November 1, 2021. Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation. As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney. Can you get a real estate license with a DUI in Florida?A conviction does not bar you from applying for and obtaining your Florida real estate license. The application will ask you to discuss your history and your conviction. A background check is a part of the licensing process.
Can you get a real estate license with DUI in Indiana?While a DUI conviction doesn't automatically lead to a denial of a real estate license, your application could be rejected for serious or multiple DUI offenses. The licensing agency will typically decide whether to grant a real estate license based on the circumstances of your case.
Can you get a real estate license with a DUI in California?To summarize, a DUI conviction may lead to a rejected application for a California real estate license. The circumstances around the case will determine whether or not a license is granted. One concern for repeat DUI offenders is that real estate agents sometimes drive buyers to look at home listings.
What is the maximum financial penalty per offense that the Florida real estate Commission may impose on a licensee?What is the maximum fine FREC can impose against a licensee who was found guilty of two violations of F.S. 475? Administrative fines may be imposed by the Commission for violations of law or rules in amounts up to $5,000 per offense.
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