PRACTICE & FAIR HOUSING — CHEAT SHEET

FLORIDA LICENSE TYPES

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LICENSING & EDUCATION REQUIREMENTS

Sales Associate

• Pre-License: 63 hours (Course I) → state exam (75/100 min)

• Post-License (FIRST RENEWAL): 45 hours required; MISS THIS = LICENSE NULL & VOID (not suspended)

• Ongoing CE: 14 hours every 2 years (3 hrs Core Law, 3 hrs Ethics, 8 hrs specialty)

Broker

• Pre-License: 72 hours (Course II) → state exam (75/100 min)

• Post-License (FIRST RENEWAL): 60 hours

• Ongoing CE: 14 hours every 2 years

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ESCROW / TRUST ACCOUNT RULES

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Escrow Dispute Resolution (4 Options)

Mediation — neutral party helps agree

Arbitration — binding third-party decision

Interpleader — broker files with court

EDO (Escrow Disbursement Order) — FREC decides ✓ SAFEST FOR BROKER

Timeline: Notify FREC within 15 business days of conflict; resolve within 30 business days

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BROKER SUPERVISORY DUTIES

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FREC (Florida Real Estate Commission)

• 7 members: 4 brokers, 1 sales assoc, 2 consumer/lay

• Composition: Governor appoints; Senate confirms

• Terms: 4 years, max 2 consecutive

• Powers: Issue/deny/revoke licenses; rulemaking; investigate; approve education

• Cannot: Award damages (civil court only)

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FAIR HOUSING — FEDERAL (FHA)

7 Federal Protected Classes (1968/1974/1988)

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FAIR HOUSING — FLORIDA LAW (Chapter 760, F.S.)

FLORIDA Adds 2 Classes (Total = 9 Protected)

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> EXAM CUE: Federal = 7; Florida = 9. Marital status & sexual orientation are Florida-ONLY.

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PROHIBITED DISCRIMINATORY ACTS

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FAIR HOUSING ENFORCEMENT

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> Damages: Actual damages, punitive damages up to $1,000, attorney fees, court costs.

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HIGH-YIELD COMBOS

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License	Requirements	Key Rules
Sales Associate	18+, 63-hr pre-license, pass exam (75/100)	Must work under broker; no independent ops; no escrow; compensation via broker only
Broker	24 mo active sales assoc + 72-hr broker course	Can operate independently; maintains escrow; supervises associates
Broker Associate	Broker-qualified but chooses to work under another broker	Same restrictions as sales associate
Rule	Detail
Who holds	Broker only; sales associates cannot
Account name	Must say "escrow" or "trust"
No commingling	Broker personal funds ≠ escrow funds (except $1K max for bank charges)
3-BUSINESS-DAY RULE	Buyer deposit in escrow within 3 biz days of fully executed contract
Biz day count	Excludes weekends & holidays; clock starts day after execution or when broker receives deposit (whichever later)
Duty	Rule
Advertising	Brokerage name on ALL ads; more prominent than agent name
Compensation	Broker pays associates only; associates cannot take $ from buyer/seller directly
Escrow	Broker personally responsible for all trust accounts
Records	Keep 5 years: transactions, escrow, ads, brokerage relationship disclosures
Training	Ensure associates know legal/ethical duties
Class	Added	Notes
Race, Color	1968	Original
Religion, National Origin	1968	Original
Sex	1974	Gender; includes pregnancy
Familial Status	1988	Families w/ children <18 (NOT marital status)
Disability	1988	Physical/mental impairment limiting major life activities
Florida Protected Class	Rule
Marital Status	Cannot discriminate vs single, married, divorced, widowed
Sexual Orientation	Cannot discriminate
Practice	Definition	Example
Steering	Directing buyers toward/away from neighborhoods by protected class	Showing Black buyer only properties in Black neighborhoods
Redlining	Refusing to buy/sell/finance in certain areas based on protected class	Lender refuses mortgages in predominantly minority zip code
Blockbusting	Inducing panic sales by claiming protected class moving in	"Your neighborhood is changing—sell now!"
Discrimination in advertising	Ads indicate preference/limitation based on protected class	"Families preferred" (familial status); "No Section 8" (race proxy)
Discrimination in lending	Lenders offer different terms based on protected class	Different rates for same creditworthiness
Discrimination in terms/conditions	Different rules for rent, sale price, or tenancy	Charging higher security deposit to one protected class
Agency	Scope	Process
HUD (Federal)	FHA violations	File complaint within 1 year; HUD investigates; hearing before ALJ
DFEH (Florida)	State & federal violations	Complaint process; may file in state court
Private Right of Action	Any person; federal court	Sue for damages, attorney fees, injunctive relief
Trap	Answer
"Sales associate maintains escrow"	ILLEGAL — brokers only
"Post-license CE requirement missed"	LICENSE NULL & VOID, not suspended
"3-day deposit rule starts on