OPENING A REAL ESTATE OFFICE SNAPSHOT REVIEW
BUSINESS STRUCTURES THAT MAY REGISTER AS BROKERAGE FIRMS

● Sole Proprietorship : Individual, is personally liable for his or her actions
and those of his or her employees within the scope of their employment, is
personally liable for the debts and
liabilities of the business, and may be sued individually. The sole proprietor
may buy and sell real estate and hold title in his or her name. He or she may
broker real estate if qualified to do so.
● Corporation for Profit: A corporation for profit is formed by filing a
proposed charter (articles of incorporation) with the Florida Department of
State who issues a certificate of incorporation. The charter identifies the
name, life, and powers of the corporation.
● Domestic and Foreign Corporations: Domestic corporations are created

Section 2: Real Estate License Law / Qualifications for Licensure 37
under Florida law. Foreign corporations are created under laws of some
other state or country. Either corporation may be registered as a brokerage
entity after submitting proof of corporate existence (normally a letter from
the secretary of state or certification) as long as other requirements have
been met (61J2-5.012, F.A.C.).
● General partnership: A partnership is formed when 2 or more adult
persons engage in business together and agree (expressed or implied) to
share the profits and losses of the business. A partnership agreement can
be oral or written. It is not necessary to file any documents with any state
agency or official to form a partnership.
● Ostensible Partnership: An ostensible partnership (quasi-partnership is
created when someone is deceived into believing a partnership exists when
it actually does not exist. It is not a true or actual partnership.
● Limited Partnership: To form a limited partnership, a certificate of
limited partnership is filed with the Florida Department of State and
recorded in the public records of the county in which the principal office is
located.
● Limited Liability Company: One or more persons may form a limited
liability company (LLC) by filing the appropriate documents with the
Department of State.
● Limited Liability Partnership: Formation The limited liability partnership
(LLP) must file the appropriate documents with the secretary of state.

BUSINESS STRUCTURES THAT MAY REGISTER AS BROKERAGE FIRMS
● Joint Venture (Joint Adventure): A joint venture, also called a joint
adventure, is a temporary business relationship formed when 2 or more
adult parties combine their efforts to complete a single business
transaction or a Predetermined definite number of transactions. A joint

adventure agreement can be oral or written. It is not necessary to file any
documents with any state agency or official to form a joint venture.
● Business trust or Syndication: A business trust can be formed to engage
in transactions involving its own real estate. Filing a declaration of trust
with the secretary of state creates it. It cannot be formed to broker real
estate.

● Cooperative Association Florida corporate statutes permit a cooperative
association to be formed in a manner similar to Forming a corporation not
for profit, by filing with the secretary of state. Cooperative associations may
do commercial business within prescribed limitations, but cannot broker
real estate.

● Corporation Sole: A corporation sole may be formed in Florida according
to common law principles. However, it cannot be created for commercial
business and therefore cannot broker real estate.
● Unincorporated Association: An unincorporated association may be
formed by a group of persons informally organized to meet a common
need. It cannot be formed for commercial business and therefore cannot
broker real estate.

OFFICE PROCIDURES
● Advertising: All advertising-classified, display, radio, magazine, or
Internet-must be under the supervision of a broker. Any person may
prepare advertising copy, but the broker is liable for its content.

● Licensee-Owned Real Estate: broker sells his or her own property, the
broker may advertise either as an owner without reference to his or her
brokerage activity or through his or her office acting as a broker.

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● Rental Lists Refund provisions. When rental lists are sold, 75% of the fee
paid must be refunded if the information is correct, but no rental is
obtained. If the information is incorrect, 100% of the fee must be refunded.
Requests for refunds must be made within 30 days.
● Telephone Solicitation Laws: Residents may place their names on
Florida’s Do Not Call list by notifying the Department of Agriculture and
Consumer Services and paying a fee at www.800helpfla.com/nosales.html
Real estate licensees cannot legally make unsolicited telephone calls to
those on the list for the purpose of soliciting purchases of real property,
timeshare estates, or any services related to such properties. Violation of
the Florida statute pertaining to telephone solicitation may lead to a civil
penalty not to exceed $10,000 per violation as well as other disciplinary
action.