Fla. Stat. 475.43
Presumptions

In all criminal cases, contempt cases, and other cases filed pursuant to this chapter, if a party has sold, leased, or let real estate, the title to which was not in the party when it was offered for sale, lease, or letting, or such party has maintained an office bearing signs that real estate is for sale, lease, or rental thereat, or has advertised real estate for sale, lease, or rental, generally, or describing property, the title to which was not in such party at the time, it shall be a presumption that such party was acting or attempting to act as a real estate broker, and the burden of proof shall be upon him or her to show that he or she was not acting or attempting to act as a broker or sales associate. All contracts, options, or other devices not based upon a substantial consideration, or that are otherwise employed to permit an unlicensed person to sell, lease, or let real estate, the beneficial title to which has not, in good faith, passed to such party for a substantial consideration, are hereby declared void and ineffective in all cases, suits, or proceedings had or taken under this chapter; however, this section shall not apply to irrevocable gifts, to unconditional contracts to purchase, or to options based upon a substantial consideration actually paid and not subject to any agreements to return or right of return reserved.

Source: Section 475.43 — Presumptions, https://www.­flsenate.­gov/Laws/Statutes/2024/0475.­43 (accessed Aug. 7, 2025).

475.01
Definitions 475.001
Purpose 475.02
Florida Real Estate Commission 475.03
Delegation of powers and duties 475.04
Duty of commission to educate members of profession 475.05
Power of commission to enact bylaws and rules and decide questions of practice 475.10
Seal 475.011
Exemptions 475.15
Registration and licensing of general partners, members, officers, and directors of a firm 475.17
Qualifications for practice 475.021
Division of Real Estate 475.22
Broker to maintain office and sign at entrance of office 475.23
License to expire on change of address 475.24
Branch office 475.25
Discipline 475.28
Rules of evidence 475.31
Final orders 475.37
Effect of reversal of order of court or commission 475.38
Payment of costs 475.41
Contracts of unlicensed person for commissions invalid 475.42
Violations and penalties 475.43
Presumptions 475.045
Florida Real Estate Commission Education and Research Foundation 475.125
Fees 475.161
Licensing of broker associates and sales associates 475.175
Examinations 475.180
Nonresident licenses 475.181
Licensure 475.182
Renewal of license 475.183
Inactive status 475.215
Multiple licenses 475.255
Determination of agency or transactional brokerage relationship 475.272
Purpose 475.274
Scope of coverage 475.278
Authorized brokerage relationships 475.279
Residential loan alternative agreements for the disposition of residential real property 475.451
Schools teaching real estate practice 475.453
Rental information 475.455
Exchange of disciplinary information 475.482
Real Estate Recovery Fund 475.483
Conditions for recovery 475.484
Payment from the fund 475.485
Investment of the fund 475.486
Rules 475.2701
Short title 475.2755
Designated sales associate 475.2801
Rules 475.4511
Advertising by real estate schools 475.4835
Commission powers upon notification of commencement of action 475.5015
Brokerage business records 475.5016
Authority to inspect and audit 475.5017
Injunctive relief 475.5018
Facsimile signatures or writing accepted

Current through Fall 2025

§ 475.43. Presumptions's source at flsenate​.gov