> Authority: Florida Real Estate Commission (FREC), DBPR, Chapter 475 F.S., Rule 61J2 F.A.C. Weights reflect FL state exam content distribution.
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FREC vs. DBPR roles; 63-hour course requirement and 2-year validity; post-license vs. continuing education; Pearson VUE delivery; 75% passing threshold; retake policy.
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Fixture analysis (method, adaptation, intent, relationship); trade fixtures; water rights (riparian vs. littoral); appurtenances; bill of sale vs. deed.
Metes and bounds (POB, bearings); government rectangular survey (township, section, range — 640 acres/section); lot and block (plat); zoning, variances, nonconforming uses; easements (appurtenant, in gross, prescriptive); deed restrictions; liens; eminent domain/condemnation.
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Fee simple absolute vs. defeasible; life estates (remainder/reversion); tenancy in common (default in FL) vs. joint tenancy (four unities + JTWROS); tenancy by the entirety (married couples; judgment protection); condominium (fee simple unit + undivided common elements) vs. co-op (shares + proprietary lease); Florida homestead exemption ($25K + $25K; March 1 deadline; SOH 3%/CPI cap; portability up to $500K).
Valid deed elements (grantor, grantee, granting clause, legal description, consideration, grantor signature, 2 witnesses + notary); deed types (statutory warranty = general warranty; special warranty; quitclaim); title vs. deed; title search and chain of title; owner's vs. lender's title insurance; constructive vs. actual notice; Florida race-notice recording statute; documentary stamp tax on deeds ($0.70/$100; Miami-Dade $0.60); homestead conveyance requires both spouses.
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Market value vs. market price vs. cost; value principles (supply/demand, substitution, conformity, regression/progression, contribution, anticipation, change, highest and best use); three approaches: sales comparison (CBS adjustment rule), cost (land + improvements − depreciation; physical, functional, external obsolescence; straight-line depreciation), income (NOI, cap rate, IRV triangle, GRM); BPO vs. appraisal; millage rate calculations.
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Five essential elements (offer/acceptance, consideration, legal purpose, competent parties, genuine assent); void vs. voidable vs. valid vs. unenforceable; Statute of Frauds (in writing required); contract types (purchase agreement, option, right of first refusal, listing agreements: exclusive right to sell, exclusive agency, open, net); buyer representation agreement; earnest money and escrow (deposit within 3 business days; no commingling); breach remedies (damages, specific performance, rescission, liquidated damages); FREC's 4 escrow dispute options (mediation, arbitration, interpleader, disbursement).
FL's three relationships: transaction broker (DEFAULT — no loyalty; 7 limited duties), single agent (full fiduciary; OLD CAR; written notice required before/at first substantive contact), no brokerage (honesty/accounting/material facts only — NO confidentiality); fiduciary duties (OLD CAR); transitioning: single agent → transaction broker requires written consent; designated sales associate concept; material fact disclosure duty exists in all three relationships; Johnson v. Davis.
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Federal Fair Housing Act (7 protected classes; 1968 + 1988 amendments); prohibited conduct (steering, blockbusting, redlining); advertising restrictions; federal exemptions (narrow); Florida Fair Housing Act (adds marital status); HUD complaint process (1-year filing; civil penalties up to $65K); trust/escrow accounts (deposit within 3 days; no commingling; no conversion); advertising rules (brokerage name required; no blind ads); antitrust (price fixing and market allocation = per se violations); FREC discipline types (reprimand, fine up to $5K/count, suspension, revocation, probation).
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Johnson v. Davis (1985) — seller duty to disclose known, non-obvious material defects; agent's independent disclosure duty; radon (FL statutory written notice); lead paint (federal, pre-1978, 10-day inspection); HOA disclosure; condo disclosure (3-day cancellation right); sinkhole (disclose if known); FL Statute 689.25 (death/AIDS not required to disclose); material fact vs. patent defect; timing — disclose before/at contract.
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