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Just because you're married to the broker- does not make you a real estate agent!

By
Real Estate Agent with The Gasset Group & Get It Done For Me Virtual Services 13253167-SA00

Just because you're married to the broker- does not make you a real estate agent! 

In the state of Florida you MUST have an ACTIVE real estate license registered with the DBPR if you are going to act as a real estate agent, imply that you are a real estate agent, perform the duties of a licensed real estate agent, negotiate a real estate transaction for another party other than yourself....  Wellington Florida real estate information

We have an agent in our office who has been working on a transaction with another "agent" from another real estate company. 

This transaction has been in the works for about one week now. There were some issues with this other agent so we were trying to find her broker so that we could discuss the problem with him. 

Upon our investigation into this company we discovered through the Florida state licensing department- DBPR- that her license was inactive. 

We alerted the "agent" to this fact. 

You will not believe what her response was! 

She wrote in an email to our agent that she voluntarily put her license inactive because she works with her husband who is the broker!!!!!!!!!!!!!

Well, heck, I work with my husband too and he is the broker of our company too! But I have to have an ACTIVE license in order to do ANY real estate licensed activities!!!! Just because I am married to Nestor does not make me an agent! I would save a lot of money if I did not have to keep a valid and active license but that is against the law! 

You can GO TO PRISON!!!! 

Florida State Statutes 475.42 (1)(a) states that a person who operates as as a broker or a sales associate without being the holder of a valid and current active license "commits a FELONY of the the third degree". 

Can you go to jail if you are convicted of a FELONY in the third degree???? I don't think you have to be a rocket scientist to figure that one out! 

Pursuant to Florida Statutes Section 775.082 a third degree felony is punishable by a prison term not exceeding five years. 

It may be a good idea for you to ask your agent if they have an ACTIVE Florida license before you list your home with that agent. 

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In real estate we service Utah County, Salt Lake County, Wasatch County, Tooele County. This includes many towns and cities. Some of which are: Provo, Orem, Salt Lake City, Draper, Springville, Spanish Fork, Payson, Lehi, American Fork, Vineyard, Saratoga Springs, Eagle Mountain, Pleasant Grove, and more. 

Katerina Gasset is a real estate agent who is also a digital marketing strategist, website designer and consultant for real estate brokerages, agents, entrepreneurs and small business owners. She is also the owner of Get It Done For Me Virtual Services. 

Katerina is a Certified AI Marketing Specialist. She can help you with ChatGPT, Content at Scale, Neuronwriter, prompting, and many other AI tools. 

She develops products and online courses to empower real estate agents to reach their marketing, SEO, social media and branding goals. Katerina Gasset is a blogger, author, podcaster, and keynote speaker.  

Text Katerina with your name + number to work with her:

 561-502-1577 

 

 

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Comments(65)

Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Katerina, I run into people all the time who think they are intermediaries. They are unlicensed people who go on line and find a property for sale and then find a buyer. In the end they expect a finders fee for putting the two people together. Practicing real estate without a license in Virginia is also illegal.

Dec 01, 2012 10:03 PM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

One just has to wonder how prevalent this practice might be... truth is, I'd rather not pay to renew my license every year either, but to be so blatant about it?! You're right, every customer should not be shy to ask, just like with other tradespeople. I've run into moving companies whose insurance had lapsed for example, or who weren't licensed for interstate work. 

Dec 01, 2012 11:37 PM
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

Here in CA the renewal is only 180 USD plus some CE credits for four years.

Maybe something else (perhaps a felony) is keeping her from renewing?

Dec 02, 2012 04:58 AM
Doug Rogers
RE/MAX Coastal Properties - Destin, FL
Your Real Estate Resource!

It's amazing how dumb some people are. That's about the nicest thing I can type regarding such an individual.

Dec 02, 2012 06:16 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Katerina:

That "agent" should not be selling real estate if she does not understand the fundamental concept of actually having an active license to sell real estate.

Dec 02, 2012 07:20 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Pete- No, not a felony as that would be discovered. I think it was to avoid the fees, not for the license, but as I commented in the comment stream - she is most likely trying to avoid the $900+ yearly fees to NAR, Florida Realtors®, MLS and local boards and supra. If her broker is a member she must also be a member or her broker can also choose to pay a non member fee for her which is about half of that what the dues would be. THat is the only thing that makes sense, even though it really doesn't:) 

Dec 02, 2012 07:50 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Fred- You mean your wife can not work through your license:) ? What is yours is hers, right? :) 

Dec 02, 2012 07:51 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Frank- That is a great comparison:) 

Dec 02, 2012 07:53 AM
Lisa Hickling
Brampton, ON
Why, there ought to be a law! Wait...there is. I can't blame her, clearly she's ignorant about severity of the issue. But what's her broker/spouse' excuse? I also pity anyone else who is under his shingle.
Dec 02, 2012 09:46 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Lisa- I do blame her. She knew darn well what she was doing and it was intentional. 

And the plot thickens... 

Dec 02, 2012 06:31 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Fernando- It is not our listing. One of our buyer agents ( our daughter) is working with some good friends of ours- this is just the tip of the unethicalness of this situation. You will NOT believe what else happened. I will write another public post and then a members only post because even though she is not under the ethics rules of NAR since she is not a member of NAR- she is still bound by laws in Florida and HUD. 

Dec 02, 2012 06:34 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Jill- That is correct. 

Nina- There is sloppy and then there is intentional. 

Wayne- Does her husband even know? :) 

The Christianson team- well, this morning list to do: 1. contact legal hotline, 2. contact customer's attorney 3. take action as advised 

I will be writing another public post about another alleged violation and then a members only post about the deal so we are not in any way connecting the dots all the way:) 

 

Dec 02, 2012 06:38 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Michael- What really irks me about your comment is how often that illegal practice takes place. There are investment gurus online and on television that market the concept you are talking about. They also show off about how they can go get the deals and then how excited the agents are going to be to pay them referral fees!!!! IF they don't have a license, they are not getting a referral fee or a finders fee. I have told people that I hear talk about this that it is illegal. They need to get a license if they want to sell referrals. 

Dec 02, 2012 06:40 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Olga- I agree, the public should think to ask if their agent is licensed to practice real estate in their state. 

Doug- I totally agree with you, I think you summed it up in one word. 

Evelyn- Ah, that is a good one! You are right! What else does she not know?

Dec 02, 2012 06:43 PM
Jon Karlen
Finish Line Realty - Louisville Ky Real Estate - Metropolitan Service Area - Louisville, KY
Louisville Kentucky real estate - Metro Area

With a loose cannon like that, I seriously doubt I'd want to be her broker...or her husband.  ;)

 

Dec 03, 2012 03:58 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Jon- LOL!!!! Ah, the saga continues... looks like it is going to have to move to a members only post for part two.:) 

Dec 03, 2012 06:34 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

UPDATE: According to legal council in Florida, they have done away with the snitch law. There is NO requirement for a licensed agent to report the inactive licensee to ANY governing body. There is also NO ethical requirement to do so either. 

I will continue more on a members only post later in the week... 

Dec 03, 2012 06:35 AM
Anne Hensel
South Beaches Real Estate Professionals - Saint Petersburg, FL
Realtor - Broker - St. Pete Beach, Treasure Island

OMG I do not know if I should love or cry................

Dec 04, 2012 06:12 AM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa
Oh my! That sounds like a good way for her husband to lose his brokers' license!
Dec 05, 2012 05:46 AM
Richard and Jean Murphy
Harborview Properties - Portland, ME
(207) 712-4796

We do see agents hiring assistants who "act" as agents. I calling them out, we usually get no response at all.

Dec 05, 2012 06:14 AM