Q: I’m a real estate licensee with a listing. I’ve been contacted by a sales associate who has a buyer interested in making an offer on my seller’s property. However, I’ve discovered that this sales associate’s license is inactive, and that this person is not currently working for a broker. May I still pay the cooperating agent a commission?
A: No. Section 475.25(1)(h), Florida Statutes, provides that a real estate licensee may not share commission with a person not properly licensed as a broker, broker-associate or sales associate.
Further, since the cooperating agent’s license is inactive, he or she is in violation of Section 475.42(1)(a), Florida Statutes, which is a felony of the third degree. If the agent’s license is inactive, the agent may not receive compensation.