475.276 Notice of nonrepresentation.--
(1) APPLICABILITY.--
(a) Residential sales.--The real estate licensee disclosure requirements of this section and s. 475.278 apply to all residential sales. As used in this section, the term "residential sales" means the sale of improved residential property of four units or fewer, the sale of unimproved residential property intended for use of four units or fewer, or the sale of agricultural property of 10 acres or fewer.
(b) Disclosure limitations.--The real estate licensee disclosure requirements of this section and s. 475.278 do not apply to: nonresidential transactions; the rental or leasing of real property, unless an option to purchase all or a portion of the property improved with four or fewer residential units is given; auctions; appraisals; and dispositions of any interest in business enterprises or business opportunities, except for property with four or fewer residential units.
(2) NOTICE REQUIREMENT.--Unless otherwise exempted by this part, all real estate licensees are required to provide to any potential seller or buyer at first contact the notice of nonrepresentation as outlined in subsection (3), except in situations where:
(a) A licensee knows that the potential seller or buyer is represented by a single agent or a transaction broker; or
(b) An owner is selling new residential units built by the owner, and the circumstances or setting of the first contact should reasonably inform the potential buyer that the owner's employee or single agent is acting on behalf of the owner, whether by the location of the sales office, by office signage, placards, or identification badges worn by the owner's employee or single agent.
If first contact between a licensee and a customer occurs during the course of a telephone conversation or any other communication in which the licensee is unable to provide the required notice of nonrepresentation, the licensee shall provide an oral notice and thereafter provide the required notice of nonrepresentation at the time of the first face-to-face contact, execution of a brokerage relationship agreement, or execution of a contractual agreement for purchase and sale, whichever occurs first.
(3) CONTENTS OF NOTICE.--
(a) Required information.--The notice required under subsection (2) must contain the following information:
NOTICE OF NONREPRESENTATION
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE AT FIRST CONTACT TO ALL POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.
You are hereby notified that ____________________ (insert name of brokerage firm) and I do not represent you in any capacity. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation. Your signature below acknowledges receipt of this form and does not establish a brokerage relationship.
| __________
Date |
__________________________________
(Signature Optional) |
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__________________________________
(Signature Optional) |
(b) Required format.--The notice required under subsection (2) must be printed as a separate and distinct form on paper no smaller than 81/2 inches by 11 inches. Nothing may be added to the form except a brokerage firm logo containing only the firm name, address, and relevant phone numbers. The form title and first sentence are to be in bold typeface of no less than 16-point type. The remainder of the form must be of 12-point type or larger.
History.--s. 3, ch. 97-42; s. 11, ch. 98-250.
