Real estate agents must comply with the Do Not Call Registry and TCPA when conducting telemarketing. Agents are prohibited from calling listed numbers unless they have an established business relationship or prior express written consent. An established business relationship exists if the consumer conducted a transaction within the past 18 months or made an inquiry within the past 3 months. Each brokerage must also maintain its own internal do-not-call list. Fines can exceed $50,000 per call.
Agent Thompson wants to cold-call homeowners. Before making calls, Thompson must check both the National Do Not Call Registry and the brokerage's internal do-not-call list. If a homeowner sold through Thompson's brokerage six months ago, Thompson may call due to the established business relationship exemption.
Exam questions focus on the exemptions and timeframes. Remember the two key exemptions: established business relationship (18 months from last transaction or 3 months from last inquiry) and prior written consent. Brokerages must maintain their own internal do-not-call lists in addition to the national registry.
Related Terms
Related Concepts
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
Frequently Asked Questions
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