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RPPTL Real Estate Leasing Committee

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FAR/BAR Lease

RR
RPPTL Real Estate Leasing Committee
Mon, May 2, 2022 9:06 PM

I would say that at least 75% of the licensed agents out there do not use the FAR/BAR lease but use something they have created, got off the internet, got from their PM software or whatever.

The judges don’t care. They sign the eviction final judgments all day long.

Is a licensed real estate agent engaging in UPL?  Does the Bar actually ever do anything about this? Does FREC actually care?  When asked by a client, I tell them that the use of the SC approved forms stems from the SC opinion back in the ‘90s.  In 30 years, only once was a client hit with a UPL complaint that went nowhere.

Is this just a non issue today?  So we end up with 75% of licensed agents doing their own thing, writing up their own bizarre special stipulations,  and the other 25% using the FAR/BAR Lease with its disclosures, being required to attach the LL/Ten Act etc.

Anyone else notice this?

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.comhttp://www.evict.com/
Email:  harry@evict.commailto:harry@evict.com

I would say that at least 75% of the licensed agents out there do not use the FAR/BAR lease but use something they have created, got off the internet, got from their PM software or whatever. The judges don’t care. They sign the eviction final judgments all day long. Is a licensed real estate agent engaging in UPL? Does the Bar actually ever do anything about this? Does FREC actually care? When asked by a client, I tell them that the use of the SC approved forms stems from the SC opinion back in the ‘90s. In 30 years, only once was a client hit with a UPL complaint that went nowhere. Is this just a non issue today? So we end up with 75% of licensed agents doing their own thing, writing up their own bizarre special stipulations, and the other 25% using the FAR/BAR Lease with its disclosures, being required to attach the LL/Ten Act etc. Anyone else notice this? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com>
RR
RPPTL Real Estate Leasing Committee
Mon, May 2, 2022 9:35 PM

I see plenty of Frankenstein Leases that seem to have been put together by
cutting and pasting from the internet.  I suppose that depending on who
puts the lease together it may or may not be considered UPL.  Owner and
Tenant dealing with each other versus a Real Estate agent writing a lease
for a third party.  If a lease provision violates chapter 83, section 83.47
makes it void, which is why I encourage, advise and suggest to clients that
they don't try to reinvent the wheel and use the FAR/BAR Lease that tracks
chapter 83.

Alberto M. Cardet, Esq.
Cardet Law, P.A.
PO Box 830746
Miami FL 33283
305-403-7783

On Mon, May 2, 2022 at 5:08 PM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:

I would say that at least 75% of the licensed agents out there do not use
the FAR/BAR lease but use something they have created, got off the
internet, got from their PM software or whatever.

The judges don’t care. They sign the eviction final judgments all day
long.

Is a licensed real estate agent engaging in UPL?  Does the Bar actually
ever do anything about this? Does FREC actually care?  When asked by a
client, I tell them that the use of the SC approved forms stems from the SC
opinion back in the ‘90s.  In 30 years, only once was a client hit with a
UPL complaint that went nowhere.

Is this just a non issue today?  So we end up with 75% of licensed agents
doing their own thing, writing up their own bizarre special stipulations,
and the other 25% using the FAR/BAR Lease with its disclosures, being
required to attach the LL/Ten Act etc.

Anyone else notice this?

Harry

*LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800
367 9038 "Serving the Property Management Professional" Website:  *
www.evict.com http://www.evict.com/


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I see plenty of Frankenstein Leases that seem to have been put together by cutting and pasting from the internet. I suppose that depending on who puts the lease together it may or may not be considered UPL. Owner and Tenant dealing with each other versus a Real Estate agent writing a lease for a third party. If a lease provision violates chapter 83, section 83.47 makes it void, which is why I encourage, advise and suggest to clients that they don't try to reinvent the wheel and use the FAR/BAR Lease that tracks chapter 83. Alberto M. Cardet, Esq. Cardet Law, P.A. PO Box 830746 Miami FL 33283 305-403-7783 On Mon, May 2, 2022 at 5:08 PM RPPTL Real Estate Leasing Committee < landten@lists.flabarrpptl.org> wrote: > I would say that at least 75% of the licensed agents out there do not use > the FAR/BAR lease but use something they have created, got off the > internet, got from their PM software or whatever. > > > > The judges don’t care. They sign the eviction final judgments all day > long. > > > > Is a licensed real estate agent engaging in UPL? Does the Bar actually > ever do anything about this? Does FREC actually care? When asked by a > client, I tell them that the use of the SC approved forms stems from the SC > opinion back in the ‘90s. In 30 years, only once was a client hit with a > UPL complaint that went nowhere. > > > > Is this just a non issue today? So we end up with 75% of licensed agents > doing their own thing, writing up their own bizarre special stipulations, > and the other 25% using the FAR/BAR Lease with its disclosures, being > required to attach the LL/Ten Act etc. > > > > Anyone else notice this? > > > > Harry > > > > > > > > > *LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 > 367 9038 "Serving the Property Management Professional" Website: * > *www.evict.com* <http://www.evict.com/> > * Email: harry@evict.com <harry@evict.com> * > > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten