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Florida Statute 475.42 | Lawyer Caselaw & Research
F.S. 475.42 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 475
REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS
View Entire Chapter
F.S. 475.42
475.42 Violations and penalties.
(1) VIOLATIONS.
(a) A person may not operate as a broker or sales associate without being the holder of a valid and current active license therefor. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, or, if a corporation, as provided in s. 775.083.
(b) A person licensed as a sales associate may not operate as a broker or operate as a sales associate for any person not registered as her or his employer.
(c) A broker may not employ, or continue in employment, any person as a sales associate who is not the holder of a valid and current license as sales associate; but a license as sales associate may be issued to a person licensed as an active broker, upon request and surrender of the license as broker, without a fee in addition to that paid for the issuance of the broker’s active license.
(d) A sales associate may not collect any money in connection with any real estate brokerage transaction, whether as a commission, deposit, payment, rental, or otherwise, except in the name of the employer and with the express consent of the employer; and no real estate sales associate, whether the holder of a valid and current license or not, shall commence or maintain any action for a commission or compensation in connection with a real estate brokerage transaction against any person except a person registered as her or his employer at the time the sales associate performed the act or rendered the service for which the commission or compensation is due.
(e) A person may not commit any conduct or practice set forth in s. 475.25(1)(b), (c), (d), or (h).
(f) A person may not make any false affidavit or affirmation intended for use as evidence by or before the commission or a member thereof, or by any of its authorized representatives, nor may any person give false testimony under oath or affirmation to or before the commission or any member thereof in any proceeding authorized by this chapter.
(g) A person may not fail or refuse to appear at the time and place designated in a subpoena issued with respect to a violation of this chapter, unless because of facts that are sufficient to excuse appearance in response to a subpoena from the circuit court; nor may a person who is present before the commission or a member thereof or one of its authorized representatives acting under authority of this chapter refuse to be sworn or to affirm or fail or refuse to answer fully any question propounded by the commission, the member, or such representative, or by any person by the authority of such officer or appointee; nor may any person, so being present, conduct herself or himself in a disorderly, disrespectful, or contumacious manner.
(h) A person may not obstruct or hinder in any manner the enforcement of this chapter or the performance of any lawful duty by any person acting under the authority of this chapter or interfere with, intimidate, or offer any bribe to any member of the commission or any of its employees or any person who is, or is expected to be, a witness in any investigation or proceeding relating to a violation of this chapter.
(i) A broker or sales associate may not place, or cause to be placed, upon the public records of any county, any contract, assignment, deed, will, mortgage, affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to her or him to be false, void, or not authorized to be placed of record, or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or sales associate or other person, or for any unlawful purpose. However, nothing in this paragraph shall be construed to prohibit a broker or a sales associate from recording a judgment rendered by a court of this state or to prohibit a broker from placing a lien on a property where expressly permitted by contractual agreement or otherwise allowed by law.
(j) A person may not operate as a broker under a trade name without causing the trade name to be noted in the records of the commission and placed on the person’s license, or so operate as a member of a partnership or as a corporation or as an officer or manager thereof, unless such partnership or corporation is the holder of a valid current registration.
(k) A person may not knowingly conceal any information relating to violations of this chapter.
(l) A person may not undertake to list or sell one or more timeshare periods per year in one or more timeshare plans on behalf of any number of persons without first being the holder of a valid and current license as a broker or sales associate pursuant to this chapter, except as provided in s. 475.011 and chapter 721.
(m) A broker or sales associate may not enter into any listing or other agreement regarding her or his services in connection with the resale of a timeshare period unless the broker or sales associate fully and fairly discloses all material aspects of the agreement to the owner of the timeshare period. Further, a broker or sales associate may not use any form of contract or purchase and sale agreement in connection with the resale of a timeshare period unless the contract or purchase and sale agreement fully and fairly discloses all material aspects of the timeshare plan and the rights and obligations of both buyer and seller. The commission is authorized to adopt rules pursuant to chapter 120 as necessary to implement, enforce, and interpret this paragraph.
(n) A person may not disseminate or cause to be disseminated by any means any false or misleading information for the purpose of offering for sale, or for the purpose of causing or inducing any other person to purchase, lease, or rent, real estate located in the state or for the purpose of causing or inducing any other person to acquire an interest in the title to real estate located in the state.
(2) PENALTIES.Any person who violates any of the provisions of subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, or, if a corporation, it is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083, except when a different punishment is prescribed by this chapter. Nothing in this chapter shall prohibit the prosecution under any other criminal statute of this state of any person for an act or conduct prohibited by this section; however, in such cases, the state may prosecute under this section or under such other statute, or may charge both offenses in one prosecution, but the sentence imposed shall not be a greater fine or longer sentence than that prescribed for the offense which carries the more severe penalties. A civil case, criminal case, or a denial, revocation, or suspension proceeding may arise out of the same alleged state of facts, and the pendency or result of one such case or proceeding shall not stay or control the result of either of the others.
History.s. 45, ch. 12223, 1927; CGL 8134; s. 11, ch. 24090, 1947; s. 11, ch. 25035, 1949; s. 10, ch. 26484, 1951; s. 22, ch. 63-129; s. 418, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 48, ch. 78-95; ss. 25, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 26, 38, ch. 82-1; ss. 22, 45, ch. 82-179; s. 1, ch. 85-90; s. 1, ch. 85-101; ss. 17, 28, 30, ch. 88-20; s. 3, ch. 89-76; s. 3, ch. 89-368; s. 16, ch. 90-228; s. 16, ch. 90-341; s. 19, ch. 90-345; ss. 6, 10, ch. 91-89; s. 254, ch. 91-224; s. 7, ch. 91-289; s. 4, ch. 91-429; s. 14, ch. 93-261; s. 375, ch. 97-103; s. 40, ch. 2003-164; s. 3, ch. 2005-275; s. 6, ch. 2006-210; s. 11, ch. 2012-61.

F.S. 475.42 on Google Scholar

F.S. 475.42 on Casetext

Amendments to 475.42


Arrestable Offenses / Crimes under Fla. Stat. 475.42
Level: Degree
Misdemeanor/Felony: First/Second/Third

S475.42 1a - PUBLIC ORDER CRIMES - UNLICENSED REAL ESTATE BROKER SALESMAN - F: T
S475.42 1b - PUBLIC ORDER CRIMES - LIC REAL ESTATE SALESMAN OPERATE AS BROKER - M: S
S475.42 1c - PUBLIC ORDER CRIMES - EMPLOY UNLICENSED REAL ESTATE SALESMAN - M: S
S475.42 1d - FRAUD - COLLECT ILLEGAL REAL ESTATE BROKER FEES - M: S
S475.42 1e - PUBLIC ORDER CRIMES - REPEALED BY CH 2012-61 - M: S
S475.42 1e - PUBLIC ORDER CRIMES - ILLEGAL REAL ESTATE PRACTICES CONDUCT - M: S
S475.42 1f - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8106 - M: S
S475.42 1f - PERJURY - FALSE TESTIFY IN REAL ESTATE PROCEEDING - M: S
S475.42 1g - PERJURY - RENUMBERED. SEE REC # 8077 - M: S
S475.42 1g - OBSTRUCT - FAIL ANSWER SUBPOENA REAL ESTATE PROCEEDING - M: S
S475.42 1h - OBSTRUCT - RENUMBERED. SEE REC # 8078 - M: S
S475.42 1h - INTIMIDATION - REAL ESTATE COMMISSION MEMBER OR EMPLOYEE - M: S
S475.42 1h - OBSTRUCTING JUSTICE - INTIMIDATE REAL ESTATE COMMISSION WITNESS - M: S
S475.42 1h - OBSTRUCT - REAL ESTATE COMMISSION MEMBER ENFORCE RULES - M: S
S475.42 1h - BRIBE-OFFERING - TO REAL ESTATE COMMISSION MEMBER OR WITNESS - M: S
S475.42 1i - INTIMIDATION - RENUMBERED. SEE REC # 8079 - M: S
S475.42 1i - OBSTRUCTING JUSTICE - RENUMBERED. SEE REC # 8080 - M: S
S475.42 1i - OBSTRUCT - RENUMBERED. SEE REC # 8081 - M: S
S475.42 1i - BRIBE-OFFERING - RENUMBERED. SEE REC # 8082 - M: S
S475.42 1i - EXTORT - COERCE PAYMENT FALSE TRANSACTION PUB RECORD - M: S
S475.42 1i - FRAUD - RECORD IN PUBLIC RECORDS FALSE TRANSACTION - M: S
S475.42 1j - EXTORT - RENUMBERED. SEE REC # 8083 - M: S
S475.42 1j - FRAUD - RENUMBERED. SEE REC # 8084 - M: S
S475.42 1j - PUBLIC ORDER CRIMES - ILLEGALLY OPERATE AS REAL ESTATE BROKER - M: S
S475.42 1k - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8085 - M: S
S475.42 1k - PUBLIC ORDER CRIMES - CONCEAL INFO RE REAL ESTATE LICENSE VIOLATIONS - M: S
S475.42 1l - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8086 - M: S
S475.42 1l - PUBLIC ORDER CRIMES - SELL TIMESHARE WO LIC - M: S
S475.42 1m - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8087 - M: S
S475.42 1m - PUBLIC ORDER CRIMES - FAIL DISCLOSE DETAILS OF TIMESHARE CONTRACT - M: S
S475.42 1n - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8088 - M: S
S475.42 1n - FRAUD-FALSE STATEMENT - TO SELL INDUCE PURCHASE LEASE - M: S
S475.42 1o - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 8089 - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

L. SMITH v. RODRIGUEZ, J, 269 So. 3d 645 (Fla. App. Ct. 2019)

. . . See, e.g. , §§ 475.42(2), 475.482, 475.483, Fla. Stat. (2018). . . .

ROLLAS, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 243 So. 3d 474 (Fla. App. Ct. 2018)

. . . licensee in the transaction; provided the act was a violation proscribed in section 475.25 or section 475.42 . . .

JESTER v. PAWLEY,, 245 So. 3d 859 (Fla. App. Ct. 2018)

. . . Deceptive Trade Practices Act (FDUTPA, Chapter 501, Florida Statutes (2016)), violation of sections 475.42 . . .

R. PEEBLES, v. PUIG,, 223 So. 3d 1065 (Fla. Dist. Ct. App. 2017)

. . . and do not, reach the issue of whether Puig's fraud claim is precluded by the application of section 475.42 . . .

KJELLANDER KC v. J. ABBOTT, L. J. d b a LLC d b a, 199 So. 3d 1129 (Fla. Dist. Ct. App. 2016)

. . . .-2., 475.42(l)(e), (l)(n), Fla. Stat. (2012); see also Zichlin v. . . .

HENDRICKS, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 183 So. 3d 1172 (Fla. Dist. Ct. App. 2016)

. . . state by any broker or sales associate,” if that act “was a violation proscribed in s. 475:25 or s. 475.42 . . .

HUCKE, v. KUBRA DATA TRANSFER LTD. CORP., 160 F. Supp. 3d 1320 (S.D. Fla. 2015)

. . . . § 475.42, Fla. Stat.” Id. at 774 (emphasis added). . . .

J. MILTON DADELAND, LLC, v. ABALA, INC., 145 So. 3d 175 (Fla. Dist. Ct. App. 2014)

. . . . § 475.42(l)(j), Fla. Stat. (2009). . . . Id: So, although the first sentence of section 475.42(l)(j) would preclude a broker from filing a false . . . (Fla. 3d DCA 2002) (distinguishing cases that “were decided prior to the 1985 amendments to section 475.42 . . . Rivage Beach Resort, Inc., 774 So.2d 900, 902 (Fla. 4th DCA 2001) (noting “the last sentence of section 475.42 . . . As such, the lien is “permitted by contractual agreement,” and is proper under section 475.42(l)(j). . . .

W. DORCELY, v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 22 So. 3d 834 (Fla. Dist. Ct. App. 2009)

. . . estate licensee in the transaction; provided the act was a violation proscribed in s. 475.25 or s. 475.42 . . .

SEWELL, v. D ALESSANDRO WOODYARD, INC. a D LLC, a K. LLC, a a I, LLC, a D A., 655 F. Supp. 2d 1228 (M.D. Fla. 2009)

. . . person licensed, certified, or registered pursuant to chapter 475, which act or practice violates § 475.42 . . .

STRATEGIC EMPOWERMENT FOR ECONOMIC DEVELOPMENT, INC. v. SOUTH DADE REALTY, INC., 14 So. 3d 260 (Fla. Dist. Ct. App. 2009)

. . . it purports to encumber or cloud title to the real property subject to the contract for sale, see § 475.42 . . .

In VILSACK, R. v. O TBM, 356 B.R. 546 (Bankr. S.D. Fla. 2006)

. . . . § 475.42(l)(d). . . . Section 475.42(l)(d) prohibits an action to enforce a contract between a salesman and a client because . . . Stat. §§ 475.42(l)(d) because the real estate commission at issue was paid to TBM who was a licensed . . .

J. LABRUZZO, v. THE LOFTS AT SOUTH BEACH, INC., 937 So. 2d 1124 (Fla. Dist. Ct. App. 2006)

. . . While it appears that Labruzzo received real estate commissions while he was not licensed, see § 475.42 . . .

METEOR MOTORS, INC. d b a v. THOMPSON HALBACH ASSOCIATES,, 914 So. 2d 479 (Fla. Dist. Ct. App. 2005)

. . . Section 475.42(l)(a) provides that a corporation may be criminally punished for operating as a broker . . .

F. MORRONI, v. A. PEEPLES, II,, 872 So. 2d 366 (Fla. Dist. Ct. App. 2004)

. . . Peeples contends that section 475.42(l)(d), Florida Statutes (2002), requires any claim for a real estate . . . Here, Peeples never sought dismissal of Morroni’s complaint based' on section 475.42(l)(d). . . . Because Peeples never presented the issue of the applicability of section 475.42(l)(d) to the trial court . . . Second, on a substantive level, section 475.42(l)(d) does not bar Morroni’s action because her complaint . . . between Morroni and Pee-ples, the dismissal of the action cannot be sustained on the basis of section 475.42 . . .

ALAMAGAN CORPORATION, a a v. DANIELS GROUP, INC. a, 809 So. 2d 22 (Fla. Dist. Ct. App. 2002)

. . . and the subsequent extension thereof, was contradictory to the express language contained in section 475.42 . . . prohibit a broker from placing a lien on a property where expressly permitted by contractual agreement. § 475.42 . . . Board of Real Estate, 385 So.2d 1131 (Fla. 3d DCA 1980), for the proposition that pursuant to section 475.42 . . . These cases, however, were decided prior to the 1985 amendments to section 475.42, which added the final . . . judgment but not the filing of a lis pendens would be contradictory to the legislative intent of section 475.42 . . .

SCHICKEDANZ BROS. RIVIERA, LTD. v. HARRIS,, 800 So. 2d 608 (Fla. 2001)

. . . maintaining marketing expenses below a certain percentage of gross real estate sales is barred by section 475.42 . . . barred, inter alia, because Harris was a “real estate broker or salesman” within the meaning of section 475.42 . . . The trial court cited section 475.42(l)(d), Florida Statutes (1993), [Note 1] as its basis for dismissing . . . whether the trial court erred in dismissing Count II of the second amended complaint as barred by section 475.42 . . .

In ABRASS, v. K., 268 B.R. 665 (Bankr. M.D. Fla. 2001)

. . . estate licensee in the transaction; provided the act was a violation proscribed in s. 475.25 or s. 475.42 . . .

I. MICHEL T. v. BEAU RIVAGE BEACH RESORT, INC. v. A. M. C. V. a, 774 So. 2d 900 (Fla. Dist. Ct. App. 2001)

. . . Section 475.42(l)(j), Florida Statutes, prohibits a real estate broker or salesman from placing a mortgage . . . However, the last sentence of section 475.42(1)0) provides that the broker is not “prohibit[ed] ... from . . . commission, but was completely unrelated to the brokerage business and, therefore, is not barred by section 475.42 . . .

HARRIS, a v. SCHICKEDANZ BROS. RIVIERA LTD. a a, 746 So. 2d 1152 (Fla. Dist. Ct. App. 1999)

. . . The trial court dismissed Counts II, III, and IV as in violation of section 475.42(l)(d), Florida Statutes . . . The trial court cited section 475.42(1)(d), Florida Statutes (1993), as its basis for dismissing this . . .

M. ARIAS, v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,, 710 So. 2d 655 (Fla. Dist. Ct. App. 1998)

. . . licensee, registrant, permittee, or applicant: (a) Has violated any provision of s. 455.227(1) or of s. 475.42 . . .

M. WEISS, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 677 So. 2d 98 (Fla. Dist. Ct. App. 1996)

. . . After an informal hearing he was found guilty of violating sections 476.25(l)(o) and 475.42(l)(e), Florida . . .

M. ARVAY, Jr. C. J. A. D. L. J. G. Jr. H. R. A. R. B. L. F. M. v. S. HYMAN, d b a, 187 B.R. 743 (M.D. Fla. 1995)

. . . .; also see Florida Statute § 475.42(l)(d). . . .

BANYAN CORPORATION, a V. v. SCHUCKLAT REALTY, INC. a, 611 So. 2d 1281 (Fla. Dist. Ct. App. 1992)

. . . SRI argued that because section 475.42(d), Florida Statutes (1989) prohibits a real estate salesperson . . . Banyan, therefore, was the proper party under section 475.42(d) to bring the action for Ms. . . . Section 475.42(d) provides: No salesperson shall collect any money in connection with any real estate . . .

DULLEA, v. DEPARTMENT OF BUSINESS REGULATION, FLORIDA REAL ESTATE COMMISSION,, 599 So. 2d 207 (Fla. Dist. Ct. App. 1992)

. . . The Commission cited §§ 475.42(l)(k) and 475.483(2)(d), Fla.Stat. (Supp.1988). . . . .

In S. JONES,, 138 B.R. 289 (Bankr. M.D. Fla. 1992)

. . . . § 475.42(l)(a), Fla.Stat.1989. . . . Even if the individuals were licensed salesmen, a salesman cannot operate as a real estate broker. §§ 475.42 . . . See §§ 475.42(l)(d) and 475.01(2), Fla.Stat.1989. . . .

BOCKAR, v. SAKOLSKY,, 592 So. 2d 251 (Fla. Dist. Ct. App. 1991)

. . . invalidates any contract for payment of a commission to an unlicensed real estate salesman, and section 475.42 . . . commission to be paid to an unlicensed salesman by the customer which is invalidated by sections 475.41 and 475.42 . . . ), as an owner-seller of real property, renders the contract-voiding feature of sections 475.41 and 475.42 . . . Section 475.42(l)(d) provides: No salesman shall collect any money in connection with any real estate . . .

RESORT TIMESHARE RESALES, INC. a v. STUART, Jr. A., 764 F. Supp. 1495 (S.D. Fla. 1991)

. . . . § 475.42(2) (1989). The named Defendants, GEORGE STUART, JR. . . .

MARKS d b a v. M. S. F. MANAGEMENT CORP. f k a a, 540 So. 2d 138 (Fla. Dist. Ct. App. 1989)

. . . Apparently, the trial court found neither was a proper party by virtue of section 475.42(1)(d), Florida . . . who is their employer at the time the services entitling the salesman to compensation are rendered. § 475.42 . . . Section 475.42(1)(d), Florida Statutes (1983), provided that a salesman may not sue anyone other than . . . there are two transactions under the applicable 1983 statutes which fall outside the purview of section 475.42 . . . Section 475.42(1)(d), Florida Statutes (1983) reads as follows: 475.42 Violations and penalties.— (1) . . .

J. BERGIN, v. R. KICKLITER P. P. M. D. C., 538 So. 2d 950 (Fla. Dist. Ct. App. 1989)

. . . for summary judgment and entered summary judgment against appellant only on the ground that section 475.42 . . . The section relied upon as dispositive by the trial court, section 475.42(1)(d), provides as follows: . . .

BOCKAR v SAKOLSKY,, 30 Fla. Supp. 2d 96 (Fla. Cir. Ct. 1988)

. . . Section 475.42(l)(d), Fla. . . .

B. FUTCH, v. HEAD,, 511 So. 2d 314 (Fla. Dist. Ct. App. 1987)

. . . We disagree with Futch’s final assertion that section 475.42(l)(d), Florida Statutes, indicates that . . . Section 475.42(l)(d) provides: No salesman shall collect any money in connection with any real estate . . . We therefore affirm the trial court’s conclusion that section 475.42(1)(d), Florida Statutes did not . . .

In L. MICKLER,, 58 B.R. 270 (Bankr. M.D. Fla. 1986)

. . . . § 475.42(l)(d) (1983) which provides in pertinent part as follows: No salesman shall collect any money . . . (Debtor’s Exh. # 2) Wood attempts to circumvent the operation of § 475.42 by her assertion that she was . . . satisfied that Wood was a salesperson employed by Leslie Blank, Inc. within the meaning of Fla.Stat. 475.42 . . . despite her assertion that she operated as an independent contractor, particularly in light of Fla.Stat. 475.42 . . .

BEST- MORRISON PROPERTIES, v. DENNISON,, 468 So. 2d 483 (Fla. Dist. Ct. App. 1985)

. . . Furthermore, because of the statutory impediment created by section 475.42(l)(d), Florida Statutes, Dennison . . .

F. F. HUGHES ASSOCIATES, INC. a v. MOTTICE ASSOCIATES, INC. a, 440 So. 2d 487 (Fla. Dist. Ct. App. 1983)

. . . Section 475.42(l)(d), Florida Statutes (1981), provides: No salesman shall collect any money in connection . . . was necessary to resolve apparently conflicting evidence pertaining to the applicability of Section 475.42 . . .

MITCHELL, v. FREDERICH, a d b a s, 431 So. 2d 727 (Fla. Dist. Ct. App. 1983)

. . . Frederich denied the right of Mitchell to seek recovery citing Section 475.42 Florida Statutes (1979) . . . framed in this Court’s Order dated June 3,1982, to wit: “Whether the application of Florida Statute 475.42 . . . Section 475.42 Florida Statutes (1979) cannot prevent Mitchell as a salesman from receiving the benefit . . . the Board of Real Estate of the State of Florida that their administrative interpretation of Section 475.42 . . .

A. SANTANIELLO, v. DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF REAL ESTATE,, 432 So. 2d 82 (Fla. Dist. Ct. App. 1983)

. . . Appellant was charged with violating section 475.42(l)(j), Florida Statutes (1979), and therefore section . . . Section 475.42(l)(j) reads as follows: (j) No broker or salesman shall place, or cause to be placed, . . . ’s filing of a lis pendens to recover a real estate commission has been held a violation of section 475.42 . . . We hold that the proscriptions of section 475.42(l)(j) against the filing of a lis pendens to collect . . .

LAKE PLACID HOLDING COMPANY, v. PAPARONE,, 414 So. 2d 564 (Fla. Dist. Ct. App. 1982)

. . . Instead, the claim of respondent is based upon a contract for a real estate broker’s fee and section 475.42 . . .

E. COOPER, v. P. PARIS,, 413 So. 2d 772 (Fla. Dist. Ct. App. 1982)

. . . . § 475.42, Fla.Stat. . . .

LLERA REALTY, INC. J. M. v. BOARD OF REAL ESTATE, 385 So. 2d 1131 (Fla. Dist. Ct. App. 1980)

. . . The complaint filed by the Commission charged that the respondents had violated Section 475.42(l)(j), . . . or suspension of registration, demands an exemplary level of behavior within the profession; Section 475.42 . . . Finding no error, we affirm the administrative decision. . § 475.42(l)(j), Fla.Stat. (1977), provides . . .

In FORTINER REALTY COMPANY, BANKRUPT. URANSKY, v. ALLRED, D., 1 B.R. 560 (Bankr. M.D. Fla. 1979)

. . . rather than to the bankrupt broker, the commission agreement was illegal by virtue of Florida Statute § 475.42 . . . Florida Statute § 475.42(l)(d) provides in pertinent part as follows: “No salesman shall collect any . . . and Potts the right to receive directly the commission payments was in violation of Florida Statute § 475.42 . . . As this is an obvious attempt to circumvent the prohibition of Florida Statute § 475.42, this Court must . . . under the Bankruptcy Act against whom the agreement would be voidable in light of Florida Statute § 475.42 . . .

E. HARRIS, v. FLORIDA REAL ESTATE COMMISSION, FLORIDA REAL ESTATE COMMISSION, v. CHILDERS,, 358 So. 2d 1123 (Fla. Dist. Ct. App. 1978)

. . . I cannot concede that Section 475.42(l)(k) precludes any discretion in the Commission to refuse a requested . . . I do not believe Section 475.42(l)(k) can be isolated from the provisions of Section 475.-47, prohibiting . . . Respondent Childers applied to FREC to change their corporate names in accordance with Florida Statute § 475.42 . . . Florida Statute § 475.42(l)(k) provides: “No person shall operate as a real estate broker under a trade . . .

WALKER, v. OCEAN MILE LTD., 349 So. 2d 628 (Fla. 1977)

. . . Section 475.42(1)(c), Florida Statutes. . . .

F. PERRIN v. SAM KAYE, INC., 345 So. 2d 765 (Fla. Dist. Ct. App. 1977)

. . . not a broker may file his lis pendens to assist him collect a brokers commission, in the light of § 475.42 . . .

J. KLEIN, E v. J. VINING,, 310 So. 2d 366 (Fla. Dist. Ct. App. 1975)

. . . Counts II, IV and VI charged Vining with violations of § 475.42, Fla.Stat., F.S. A. . . .

WORLDWIDE DEVELOPMENT- KENDALE LAKES WEST, v. LOT HEADQUARTERS, INC., 305 So. 2d 271 (Fla. Dist. Ct. App. 1974)

. . . On the authority of § 475.42(1)(j), Fla.Stat., which states in pertinent part that “No real estate broker . . .

G. BUSTANI, v. WELLS, a, 291 So. 2d 660 (Fla. Dist. Ct. App. 1974)

. . . Therefore, the requirement of Sec. 475.42(1) (d), Florida Statutes, F.S.A., that appellee be registered . . .

TRAFALGAR DEVELOPERS, LTD. v. GENEVA INVESTMENT LIMITED, 285 So. 2d 593 (Fla. 1973)

. . . Section 475.42(3) (b) states that “person” as used in Chapter 475, Florida Statutes, shall refer to an . . . Section 475.42(2), Florida Statutes. . . .

SHERMAN, v. S. A. LYNCH, Jr., 242 So. 2d 799 (Fla. Dist. Ct. App. 1970)

. . . Ziedrich, 199 Or. 505, 263 P.2d 611; § 475.42(1) (b) (d), Fla. Stat., F.S.A. . . . Romfh Bros., Inc., Fla.App.1961, 132 So.2d 466; § 475.42(1) (b) (d), Fla.Stat., F.S.A. . . . “Under the provisions of Section 475.42, Florida Statutes [F.S.A.], it appears that under the facts adduced . . .

WILLIAMS, v. FLORIDA REAL ESTATE COMMISSION L., 232 So. 2d 239 (Fla. Dist. Ct. App. 1970)

. . . . § 475.42(1) (e), F.S.A., stated “that no person shall sell or offer for sale any real property or interest . . .

A. OUTLAND, v. L. WOOD, T. Jr. E. D. D., 224 So. 2d 352 (Fla. Dist. Ct. App. 1969)

. . . Section 475.42(3) states that a single act brings a person within the statute. . . .

F. BAILEY, v. FLORIDA REAL ESTATE COMMISSION L., 221 So. 2d 441 (Fla. Dist. Ct. App. 1969)

. . . Commission suspending for six months his registration as a broker for an alleged violation of Section 475.42 . . . The essential elements necessary to prove a violation of Section 475.42(1) (g), F.S.1967, F.S.A., are . . . F.S. 475.42 F.S.A. . . .

H. THOMAS, v. FLORIDA REAL ESTATE COMMISSION A. J., 215 So. 2d 315 (Fla. Dist. Ct. App. 1968)

. . . without being the holder of a current valid registration certificate as a broker contrary to Subsection 475.42 . . . (1) (a) and 475.42(1) (b), and is guilty of collecting an earnest money deposit in connection with a . . . real estate brokerage transaction in his own name contrary to subsection 475.42(1) (d), all in violation . . . Fla.Stat. §§475.25(1) (a), 475.42(1) (d), F.S.A. . Fla.Stat. § 475.25(1) (a), F.S.A. .See Peck v. . . .

M. PECK, v. FLORIDA REAL ESTATE COMMISSION F. C., 204 So. 2d 355 (Fla. Dist. Ct. App. 1967)

. . . broker, all in violation of Florida Statutes Sections 475.25 (1) (a), 475.25(1) (d), 475.25(1) (i), and 475.42 . . . competent evidence to support a finding that Florida Statutes Sections 475.25(1) (d), 475.25(1) (i) and 475.42 . . .

BROD, v. M. V. JERNIGAN, 188 So. 2d 575 (Fla. Dist. Ct. App. 1966)

. . . “The respondent, Curry, charged on April 17, 1959, that petitioner violated section 475.42(1) (k) Fla.Stat . . .

FLORIDA BOCA RATON HOUSING ASSOCIATION, a v. MARQUSEE ASSOCIATES OF FLORIDA, INC. a, 177 So. 2d 370 (Fla. Dist. Ct. App. 1965)

. . . complaint upon the ground that the note sued upon was illegal because it was given in contravention of § 475.42 . . .

HORNE E. v. FLORIDA REAL ESTATE COMMISSION L., 163 So. 2d 515 (Fla. Dist. Ct. App. 1964)

. . . to maintain an action against his employer to recover commissions or compensation is recognized in § 475.42 . . .

E. NEWCOMER, L. E. v. S. A. RIZZO G. Ke- Ri- La Co. a, 163 So. 2d 312 (Fla. Dist. Ct. App. 1964)

. . . The client defended on the ground that § 475.42(d), Fla.Stat., F.S. . . . If the broker permitted Rutherford to operate out of her office in violation of § 475.42, this would . . .

IVY JAY CORPORATION, v. R. DAVIS,, 160 So. 2d 715 (Fla. Dist. Ct. App. 1964)

. . . lower court must be reversed on the first point of the defendant on appeal, namely, whether under § 475.42 . . .

D. L. ROGERS v. KING,, 161 So. 2d 258 (Fla. Dist. Ct. App. 1964)

. . . times pertinent to this cause, as follows: COUNT ONE charged the petitioners with violation of Section 475.42 . . . a valid current registration certificate as such from the Commission is guilty of violating Section 475.42 . . . , the examiner suggested the entry of an order holding the petitioners guilty of violating Sections 475.42 . . . F.S. § 475.42(1) (a), F.S.A., provides: “(a) No person shall operate as a real estate broker or salesman . . . authorizing the Commission to enter an order of suspension pursuant to Section 475.25(1) (a) and Section 475.42 . . .

TOBIN, v. J. COURSHON J., 155 So. 2d 785 (Fla. 1963)

. . . Moreover, another section of the law, Sec. 475.42(1) (a) prohibits a person from so operating unless . . .

J. COURSHON J. v. TOBIN,, 148 So. 2d 285 (Fla. Dist. Ct. App. 1963)

. . . Section 475.42(1) (a), Fla.Stat., F.S.A., prohibits one from operating as a real estate broker or salesman . . . See for example, §§ 475.42(2) and 475.55, Fla.Stat., F.S.A. . . .

M. CAMPBELL, v. ROMFH BROS. INC. a, 132 So. 2d 466 (Fla. Dist. Ct. App. 1961)

. . . count one that the note sued on under that count was illegal because it was in contravention of section 475.42 . . . One of the defenses raised by defendant to the original complaint was that under section 475.42(1) (d . . . Section 475.42(1) (d) as previously footnoted prohibits a salesman from collecting any money in connection . . .

SEID A. a k a v. R. GRAHAM,, 131 So. 2d 507 (Fla. Dist. Ct. App. 1961)

. . . In Seid’s first suit it was held that under § 475.42(1) (d), Fla.Stat., F.S.A., he lacked capacity to . . .

MARKOWITZ, v. HARLEY, 17 Fla. Supp. 165 (Dade Cty. Cir. Ct. 1961)

. . . Florida Statute 475.42(1) (d) . . .” . . . This court is not in agreement with the lower court’s interpretation of section 475.42(1) (d)„ and therefore . . .

GLASSER, v. FLORIDA REAL ESTATE COMMISSION A., 117 So. 2d 761 (Fla. Dist. Ct. App. 1960)

. . . The respondent, Curry, charged on April 17, 1959, that petitioner violated section 475.42(1) (k), Fla.Stat . . .

E. CHISMAN, Jr. v. E. B. MOYLAN, Jr., 105 So. 2d 186 (Fla. Dist. Ct. App. 1958)

. . . See Real Estate License Law, sections 475.17, 475.18, 475.25, and 475.42, Florida Statutes, F.S.A. . . .

BEACON FEDERAL SAVINGS AND LOAN ASSOCIATION, v. FEDERAL HOME LOAN BANK BOARD,, 162 F. Supp. 350 (E.D. Wis. 1958)

. . . from retained discounts on title examinations, abstract extensions and title policies the sum of $8,-475.42 . . .

B. GREEN, d b a B. v. R. BRUNS,, 102 So. 2d 610 (Fla. 1958)

. . . The circuit judge dismissed the amended complaint upon the ground that the action was barred by § 475.42 . . .

STATE J. BODNER, v. FLORIDA REAL ESTATE COMMISSION, W. H. J. E. Sr. M. I. M. M. Jr., 99 So. 2d 582 (Fla. 1956)

. . . Sec. 475.42, F.S.A. provides in part that: “No person shall operate as & real estate broker or salesman . . . . §§ 475.42 and 475.01 (2), F.S.A., together [see our original opinion, where excerpts from these sections . . .

FLORIDA REAL ESTATE COMM. v. CRAIG- SHIELDS,, 1 Fla. Supp. 121 (Fla. Real Est. Comm'n 1951)

. . . of money to Craig-Shields — and by so doing he violated paragraph (k) of subsection (1) of section 475.42 . . .