Q: May a salesperson who has obtained a judgment against his real estate broker for an unpaid commission recover from the Real Estate Recovery Fund?
A: No. According to Section 475.483 (2)(a), Florida Statutes, a person is not qualified to make a claim for recovery from the Real Estate Recovery Fund when the person seeking recovery is a licensed broker or sales associate who acted as a single agent or transaction broker in the transaction that is the subject of the claim. However, a Florida Real Estate Commission complaint for violation of Section 475.25 (1)(d), Florida Statutes, could be made when the broker has failed to pay a real estate commission if a civil judgment has been obtained against the licensee and the judgment hasn’t been satisfied in accordance with its terms within a reasonable period.