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Unauthorized Practice of Law

By
Education & Training with Rowlett Real Estate School

•Real estate licensees, in the course of their businesses, may prepare listing agreements, buyer's representation agreements, sales contracts, option contracts, and Florida Supreme Court-approved lease agreements that are for no longer than one year.

·The licensee and the licensee's employer may be legally responsible for errors. Licensees, when drafting special clauses not included in a preprinted contract, must recognize their liability if a clause is later found to be defective.

•To reduce the incidence of errors, many special clauses are available in forms developed  by private brokerage firms and professional real estate associations •Preparing documents such as deeds, notes, or  mortgages would  be considered unauthorized practice of law. A licensee who advertised to prepare or review sales contracts for persons not buying through the licensee might also be accused of practicing law.

Courtesy of Rowlett Real Estate School LLC

P.Stone, RRES

Posted by

Captain Wayne Rowlett GSI
Rowlett Real Estate School

Comments(1)

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Irina Riley
American Dream Colorado - Woodland Park, CO
GRI, SFR, CNE, e-PRO, SRES

That's good to be reminded how thin the line is. I notice that some of FSBOs are talking about real estate friends who will help them to fill all the necessary papers. Even though, it's an easy money, the agents are still liable. Thank you so much for bringing this topic.

Mar 13, 2011 02:40 PM