Contracts
Eleven of the 100 items cover listing agreements, entitlement to commission, purchase and sale contracts, and the disclosures Florida law attaches to a residential sale.
Listings and commission
Section 475.25(1)(r), F.S., requires every written listing agreement to contain a definite expiration date, a property description, price and terms, the fee or commission, and the principal's signature, and requires the broker to deliver a signed copy to the principal within 24 hours. The same paragraph forbids any clause requiring the principal to give notice of an intention to cancel after that expiration date, which is how Florida bars automatic renewals. An exclusive right of sale pays the broker however the property sells; an exclusive agency reserves the seller's right to sell personally without a commission; an open listing pays only the procuring cause. Section 475.25(1)(h), F.S., prohibits sharing a commission with an unlicensed person for a referral, though a Florida broker may pay a referral fee to a broker licensed in a foreign state, and rule 61J2-10.028(2), F.A.C., permits sharing compensation with a party to the transaction where all interested parties are fully informed. Under s. 475.703(1), F.S., a commercial broker's commission lien attaches to the owner's net proceeds only and never to an interest in real property.
Contract formation and disclosures
Section 725.01, F.S., Florida's statute of frauds, requires a writing signed by the party to be charged for any contract for the sale of land and for any lease longer than 1 year. A licensee may fill in the blanks on a preprinted approved form but may not draft contract provisions, advise on the legal effect of title exceptions, or prepare deeds, all of which are the practice of law. On disclosure, Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), requires a residential seller to disclose known facts that materially affect value and are not readily observable. Section 689.261, F.S., requires a property tax disclosure summary at or before execution of the contract, warning the buyer not to rely on the seller's current taxes. Section 404.056(5), F.S., requires the prescribed radon gas notification on at least one document executed at or before contract or the execution of a rental agreement. Section 689.25, F.S., provides that a homicide, suicide, or death on the property, and an occupant's HIV or AIDS status, are not material facts requiring disclosure.
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State-specific details
State exam facts
- State regulator
- Florida Real Estate Commission (FREC), DBPR
- Exam vendor
- Pearson VUE
- Prelicensing education
- 72-hour FREC-approved broker pre-license course
- Passing score
- 75%
- Scored questions
- 100
- Time limit
- 210 minutes
Who regulates real estate brokers in Florida?
The Florida Real Estate Commission (FREC), housed within the Department of Business and Professional Regulation (DBPR), licenses brokers and sales associates. DBPR uses Pearson VUE as the official testing provider.
What experience do I need before the Florida broker exam?
Section 475.17(2)(b), F.S., requires 24 months of licensure during the preceding five years, and it accepts any of three paths: an active sales associate license held in Florida or in another state, territory, or foreign jurisdiction; a sales associate license held while salaried by a governmental agency; or a broker license held in another jurisdiction. An out-of-state broker therefore qualifies without ever having held a Florida sales associate license. Applicants must also complete the 72-hour FREC-prescribed broker course (Course II).
How is the Florida broker exam structured?
Florida gives one integrated 100-question multiple-choice examination — there is no separate national portion and no state portion. Candidates get 3.5 hours (210 minutes), and the exam is graded on 100 points with 75 points or higher required to pass. The DBPR booklet publishes twelve content areas whose percentages sum to 100, led by Real Estate Brokerage Business at 43% and Closing Transactions at 12%. Pearson VUE schedules, administers, scores, and reports the exam for DBPR.
Sources: https://www2.myfloridalicense.com/servop/testing/documents/RE_broker_cib.pdf, https://www.flsenate.gov/Laws/Statutes/2025/Chapter475/PART_I, https://www.flrules.org/gateway/Division.asp?DivID=241, https://www.pearsonvue.com/us/en/fl/dbpr.html
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