Broker Responsibility
Posted by PRO Tue, 16 Jan 2007 19:58:00 GMT
A Broker has many responsibilities in their day-to-day business. However, a new Florida Statutes bill, HB 1009, which was signed by the Governor on June 13 and became law on July 1, 2006, has added even more responsibility.
Now, according to FS 475.25(1)(u), a Broker can be disciplined if:
Has failed, if a broker, to direct, control, or manage a broker associate or sales associate employed by such broker. A rebuttable presumption exists that a broker associate or sales associate is employed by a broker if the records of the department establish that the broker associate or sales associate is registered with that broker. A record of licensure which is certified or authenticated in such form as to be admissible in evidence under the laws of the state is admissible as prima facie evidence of such registration.
So, a Broker, in addition to being responsible for all real estate assistants (whether licensed or unlicensed) under their employ, and for those assistants employed by their broker and sales associates, is also responsible for directing, controlling, and managing all their broker associates and sales associates who are registered with their firm as well. Failure by a Broker in this responsibility gives the Florida Real Estate Commission (FREC) authority to proceed with disciplinary and/or legal action.