CopyCited 8 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 411, 2001 Bankr. LEXIS 1361
...mmission ("FREC"). White alleges that the Debtor fraudulently acquired her home using $179,500 of his and Planbridge's money and seeks to recover at least a portion of these funds from Florida's Real Estate Recovery Fund (the "Fund"). See Fla. Stat. § 475.482 (2000)....
...tion for persons who have suffered monetary damages by. . . . acts committed as a part of any transaction involving the sale of real property in Florida by any broker or salesperson." In re Hirsch,
50 B.R. 8 (Bankr. S.D.Fla.1985) ( citing Fla. Stat. §
475.482)....
...Certainly, the Trustee is entitled to recover upon this mortgage and to that extent administer the liquidation of the Debtor's home in this case. However, the Trustee has stated no rationale that would allow her to assert a claim against the otherwise exempt Remaining Equity in the Debtor's home. [25] 475.482....
...artnership which was the seller, buyer, landlord, or tenant in the transaction; and (c) Was acting solely in the capacity of a real estate licensee in the transaction; provided the act was a violation proscribed in s.
475.25 or s.
475.42. Fla. Stat. §
475.482....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1990 WL 70621
...sed and the benefits to be derived from its performance. The absence of express provision for civil liability in the case of violation of a statute does not negative the existence of a legislative intent that the statute shall effect private rights. Section 475.482, Florida Statutes (1989), Real Estate Recovery Fund, provides for the reimbursement of persons who suffer monetary losses because of the unscrupulous acts of licensed brokers or salespersons....
CopyCited 7 times | Published | Supreme Court of Florida | 1992 WL 56478
...al estate transactions. The amended final judgment awarded Bidon the amount of the deposits, interest, costs, and attorney's fees. Bidon then filed a claim with the Florida Real Estate Recovery Fund (Fund) for reimbursement of those amounts under subsection 475.482(1), Florida Statutes (1987)....
...tions that have been placed upon the term by existing case law. See Davis v. Strople,
39 So.2d 468 (Fla. 1949). Therefore, we believe the legislature, by the use of the term "actual or compensatory damages" as a restriction on reimbursement under subsection
475.482(1), intended to preclude the recovery of attorney's fees from the Fund. Further, an examination of the other provisions of chapter 475 provides additional support that the legislature intended to exclude attorney's fees from reimbursement pursuant to subsection
475.482(1). In 1980, the legislature added subsection
475.482(2) authorizing reimbursement from the Fund to brokers or salesmen required by a court of competent jurisdiction to pay money damages because they had previously distributed escrow monies pursuant to an escrow disbursement order issued by the commission. [4] The 1980 amendment also added subsection
475.484(1)(b) [5] to address the limits of recovery under subsection
475.482(2)....
...Unlike subsection
475.484(1)(a), however, subsection
475.484(1)(b) does not limit reimbursement to the amount of "actual or compensatory damages." In 1985 the legislature added subsection
475.483(3) [6] which specifically provided for the recovery of attorney's fees when reimbursement from the Fund is made pursuant to subsection
475.482(2). However, the legislature did not provide for the recovery of attorneys' fees in the case of reimbursements made pursuant to subsection
475.482(1). *453 If the legislature had intended to provide for the recovery of attorneys' fees under subsection
475.482(1), it would have expressly done so, as it did with regard to reimbursement under subsection
475.482(2) and as it often has done with respect to other statutes. [7] We agree with the district court that the "combination of expressly providing for attorney's fees in section
475.482(2), while expressly limiting the damages recoverable under section
475.482(1), supports [the] conclusion that attorney's fees were not to be included in the term `actual or compensatory damages.'" Bidon,
578 So.2d at 479....
...ith this opinion. It is so ordered. SHAW, C.J., and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] §
475.484(1)(a), Fla. Stat. (1987). The subsection read as follows: (1) Any person who meets all of the conditions prescribed in s.
475.482(1) or (2) may apply to the commission to cause payment to be made to such person from the Real Estate Recovery Fund: (a) Under s.
475.482(1), in an amount equal to the unsatisfied portion of such person's judgment or $25,000, whichever is less, but only to the extent and amount reflected in the judgment as being actual or compensatory damages[.] [2] The legislature amended s...
...to pay money damages due to a distribution of escrow moneys which is made in compliance with an escrow disbursement order issued by the [commission]. [5] Ch. 80-307, § 4, Laws of Fla. The added subsection provided that reimbursement pursuant to subsection 475.482(2), would be "in an amount equal to the judgment against the broker or salesman, or $10,000, whichever is less." [6] Ch. 85-90, § 2, Laws of Fla. The added subsection read as follows: "The commission may pay attorney's fees and court costs if the claim is of the type described in s. 475.482(2)." [7] There are numerous statutes in which the legislature has expressly provided for the recovery of attorney's fees as an addition to the recovery of actual or compensatory damages....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 1985 Bankr. LEXIS 6379
...gment. The fund is a statutory source of compensation for persons who have suffered monetary damages by reason of certain acts committed as a part of any transaction involving the sale of real property in Florida by any broker or salesman. Fla.Stat. § 475.482....
...against the debtor or his property, and the judgment shall not become a lien against the debtor or his property. They merely wish to obtain a state court adjudication that they have suffered monetary damages which fall within the scope of Fla.Stat. § 475.482....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 1250217
...y sustained as a result of the wrongful conduct of Cross. That motion was denied, and Cross was discharged from her debts in the bankruptcy proceedings. The discharge in the bankruptcy proceedings left pending the claim the Mellers filed pursuant to section 475.482, Florida Statutes (2003), seeking reimbursement for their damages from the Florida Real Estate Recovery Fund....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 17683, 2009 WL 4061078
GROSS, C.J. Louis Dorcely timely appeals a final order of the Department of Business and Professional Regulation, Florida Real Estate Commission, denying his claim for payment from the Florida Real Estate Recovery Fund. See §§ 475.482-475.486, Fla....
...In general, the Fund provides for recovery of damages “by reason of any act committed, as part of any real estate brokerage transaction involving real property in this state,” by a real estate broker or sales associate who held a “current, valid, active real estate license” at the time the wrongful act was committed. § 475.482(l)(a), Fla....
...til June 16, 2008. Second, the Commission ruled that Malhotra had “acted as a buyer by accepting title to the disputed property as trustee and as [a] seller in conveying the said property to a third party,” so that Dorcely’s claim ran afoul of section 475.482(l)(b), Florida Statutes (2008), which provides that the wrongdoing licensee be “neither the seller, buyer, landlord, or tenant in the transaction” for there to be a recovery from the Fund....
...See §
120.68(10), Fla. Stat. (2008); Maynard,
609 So.2d at 145 . We review the agency’s conclusions of law de novo. §
120.68(7)(d); see, e.g., SW Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc.,
778 So.2d 594 , 597 (Fla. 1st DCA 2000). Subsection
475.482(1), Florida Statutes (2008), sets forth the requirements of a valid claim for reimbursement from the Florida Real Estate Recovery Fund: The ......
...ne, 2008, outside the two year time limitation. Dorcely’s argument to avoid the two year limitation period is not well taken. Dorcely contends that his claim was timely because it was filed within two years of the 2008 final judgment. He points to section 475.482(1), which provides that a requirement for disbursal from the Fund is that a “court of competent civil jurisdiction” adjudge that the claimant has “suffered monetary damages by reason of any act committed as a part of any real es...
...nce,” not from the time a final judgment is obtained. Substantial, competent evidence supports the Commission’s alternative conclusion — that Malhotra acted as a buyer and a seller in the transaction — so that the claim did not qualify under 475.482(l)(b), which provides that the wrongdoing licensee be “neither the seller, buyer, landlord, or tenant in the transaction” for there to be a recovery from the Fund....
...atutes (1985), to include a situation where a real estate salesman purchased property with his client’s down payment and entered into a written, unrecorded contract for deed with the client. Id. at 980 . In the 1985 statute, the current version of section 475.482 did not exist. Compare § 475.482, Fla. Stat. (1985) with § 475.482, Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17980
...The petition alleges that letters of C. P. Stafford, Executive Director of the Florida Real Estate Commission, to appellant state what is in effect an agency rule which has not been adopted and is, therefore, invalid. These letters state that the provisions of Florida Statutes § 475.482, Real Estate Recovery Fund, apply to those whose licenses have been placed in inactive status as well as to those having active status....
...Thus, the plain wording of the statute, its stated objective and the Commission’s practice in applying the statute are in accord. Adoption of a rule under these circumstances is unnecessary. Accordingly, the order below is affirmed. MILLS, C. J., and McCORD, J., concur. . Florida Statutes § 475.482, in part: 475.482 Real Estate Recovery Fund-There is created the Florida Real Estate Recovery Fund as a separate account in the Professional Regulation Trust Fund....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5048, 1992 WL 93651
THREADGILL, Judge. This is an administrative appeal from an order of the Florida Real Estate Commission (Commission) denying the appellant’s claims against the Florida Real Estate Recovery Fund (Fund), section 475.482, Florida Statutes (Supp.1988)....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 425, 1992 Fla. LEXIS 1218
...may only obtain a civil injunction. Fla.Stat. §
475.25; Rule 10-5, Rules Regulating The Florida Bar. The injured party may also seek restitution from the Real Estate Recovery Fund which is similar to the Bar’s Client’s Security Fund. Fla. Stat. §
475.482 ....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 309
...he Recovery Fund statute. The Recovery Fund “provides for the reimbursement of persons who suffer monetary losses because of the unscrupulous acts of licensed brokers or salespersons.” Moyant v. Beattie,
561 So.2d 1319, 1320 (Fla. 4th DCA 1990). Section
475.482(1), Florida Statutes (2014), allows a claim against the Recovery Fund by any person “adjudged by a court of competent civil jurisdiction in this state to have suffered monetary damages by reason of any act committed, as a part of an...
...es, false pretenses, dishonest dealing by trick, scheme, or device, [and] culpable negligence,” among other prohibited acts. In addition, the broker must have acted “solely in the capacity of a real estate licensee in the transaction.” Id. §. 475.482(l)(c)....
...The record before us contains no indication, that the Licensees engaged in activities unrelated to their broker capacities with respect to the purchase agreements. Therefore, Appellants have shown that the Licensees acted solely in their capacities as real estate licensees. See § 475.482(l)(c), Fla....
CopyPublished | Florida 5th District Court of Appeal
...seeking $50,000, the
maximum amount recoverable under the statute. See §
475.484(1)(a), Fla. Stat. (2016).
His claim was limited to monies owed by Voigt for misappropriated security deposits,
rental proceeds, and unpaid vendor services. Section
475.482(1), Florida Statutes,
establishes the requirements for a valid claim seeking reimbursement from the Recovery
Fund:
(1) The Florida Real Estate Recovery Fund shall be disbursed
....
...2001) (“The
[Recovery] Fund is a remedial device through which the FREC can reimburse members
of the public who have been defrauded or otherwise monetarily harmed by a member of
the real estate profession.”).
Here, the uncontroverted evidence established that Rollas’s claim met the
requirements set forth in section 475.482(1)....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 296, 1988 Fla. App. LEXIS 296, 1988 WL 4390
...for Thomas as a vehicle for recovery in this case. We also hold that Tucker is entitled to recover his costs. In Erzene v. Florida Real Estate Commission,
504 So.2d 427 (Fla. 5th DCA 1987), this court permitted recovery of costs in a suit involving section
475.482(l)(a)....
CopyPublished | Florida 4th District Court of Appeal | 1987 Fla. App. LEXIS 6823, 12 Fla. L. Weekly 571
Judge. This case involves interpretation of section
475.482, et seq., Florida Statutes, which provides
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 3711, 1991 WL 60861
...The judgments included amounts for attorney’s fees taxed against the broker pursuant to the broker’s contract with appellants. The Real Estate Commission made awards for the deposits lost, but denied the claims for attorney’s fees. Conditions for recovery from the Fund are set out in section
475.482, Florida Statutes (1987). Section
475.484, provides: (1) Any person who meets all of the conditions prescribed in s.
475.482 may apply to the board to cause payment to be made to such person from the Real Estate Recovery Fund: (a) Under s.
475.482(1), in an amount equal to the unsatisfied portion of such person’s judgment or $10,000, whichever is less, but only to the extent and amount reflected in the judgment as being actual or compensatory damages....
...In addition to our belief that the legislature, by the use of the words “actual or compensatory damages,” did not intend to provide for the recovery of attorney’s fees from the Fund, we note other provisions of Chapter 475 that support this construction. For instance, claims under Section 475.482 are divided into two categories and treated in two separate sections. Section 475.-482(3) specifically provides that the Commission may pay attorney’s fees and court costs for claims made under section 475.-482(2). However, no similar provision is made under section 475.482(1), the section under which appellants’ claims are made. Instead, as noted above, claims are limited to the “amount reflected in the judgment as being actual or compensatory damages.” We believe the combination of expressly providing for attorney’s fees in section 475.482(2), while expressly limiting the damages recoverable under section 475.-482(1), supports our conclusion that attorney’s fees were not to be included in the term “actual or compensatory damages.” Accordingly, we affirm the ruling...
CopyPublished | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 3705, 1995 WL 214644
...udge. Henry L. Gauthier appeals an order of the Florida Real Estate Commission which granted the claim of Richard L. Smith and his son, Trent Smith, against the Real Estate Recovery Fund and suspended Gauthier’s real estate broker’s license. See § 475.482, Fla.Stat....
...ving violated any provision of Chapter 475 or having obtained “money or property by fraud, misrepresentation, deceit, false pretenses, artifice or trickery or by any other act which would constitute a violation proscribed in section
475.25.” See §
475.482(1), *582 Fla.Stat....
...yment of the purchase amount. This ultimately resulted in a judgment against two debtors rather than merely against one (Linkenheimer). Accordingly, we reverse the order of the Commission. DAUKSCH, J., concurs. THOMPSON, J., dissents with opinion. . Section 475.482(1), Florida Statutes (1991), provides for the "reimbursement” of any claimant adjudged by a court of competent jurisdiction to have suffered monetary damages by reason of any of the following acts committed as part of any real estat...
