Opening a Real Estate Brokerage

Before opening a real estate office, its important to be able to describe the characteristics of the various business structures that may be registered as brokerage entities; the characteristics of officers, directors, and partners of real estate brokerage corporations and partnerships; and the statutes/rules pertaining to operating under a broker’s own name.

It is imperative that you can identify the rules regarding vacancy of office and appointing a temporary broker, recognizing the various business forms that may not register as real estate brokerage entities, identifying the requirements associated with registering a trade name with the DBPR, requirements of the Fictitious Name Act, exemptions from filing under the Fictitious Name Act, and rules regarding an associate forming a professional association in the associate’s legal name. It is also important to be able to identify the rules and requirements regarding real estate brokerage offices, branch offices, and temporary shelters.

What else is important? To be able to identify the rules and requirements related to entrance signs, while also being able to identify the accessibility requirements outlined in the Americans with Disabilities Act pertaining to public accommodations and commercial facilities, and the Florida Americans with Disabilities Implementation Act.

Explaining the statutes and rules pertaining to classified advertising and self-promotion, team advertising, internet sites, unauthorized use of association names, licensees selling property by owner, and rental lists, are also imperative. Explain the provisions of the Federal Communications Commission’s (FCC) do-not-call rules and describe the applicable exemptions under the Florida Telemarketing Act, and explaining the provisions of the CAN-SPAM Act and the Junk Fax Prevention Act are all very important areas to understand.