Legal Question in Banking Law in Florida

Letter to protect my RE license to be used with my consent

I am a licensed Florida real estate broker. 11 days ago I had an meeting with a office building owner that currently has a real estate company with an active broker of record (until today) He wanted me to replace the current broker of record so his company can function as a real estate company and he showed me a agreement draft. There a few things that I was not happy with and wanted to seek legal advice. At that meeting he took a copy of my license and told me that he will email me a copy of the agreement. It's been almost two weeks and they have been giving me the run around. I still have not received a copy of the agreement to show my attorney. I have called and email him, his assistant, the attorney who made the draft and the property manager 0 times a day. I want to protect myself, especially due to the manner they are acting and refusing to give me a copy. They have a copy of my broker's licence and I want to make sure that they do not misuse that without my consent. I wanted to send them a notarized letter by certified mail which states that I do not give them any right to use my licence until I receive a copy of the agreement and am able to seek legal advise. Being a broker of record comes with allot of responsibilities.


Asked on 12/16/07, 9:03 pm

1 Answer from Attorneys
Marlyn Wiener Marlyn J. Wiener, P.A.

Re: Letter to protect my RE license to be used with my consent

NOTICE: The information provided in this response is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult a competent attorney in your jurisdiction for advice regarding your individual situation. By reading the "Response" to your question or comment, you acknowledge that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then do not read any further.

Due to the lack of response from the other parties, it does not appear that you are going to be able to negotiate an acceptable arrangement with the property owner. I believe that you should provide the written notification to the property owner you outlined. However, if you have not agreed on the final terms of the contract, your letter should state that the property owner has no right to use your license unless and until you and the property owner have executed a mutually satisfactory agreement. Receiving a copy of the proposed agreement in not enough. Finally, if your negotiations with the property owner do proceed further, I suggest you consult with a real estate attorney to make sure that the arrangement you are discussing with the property owner is, indeed, an arrangement that is permitted under Florida law.

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Answered on 12/16/07, 10:15 pm


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