[RPPTL Leasing Committee] [RPPTL LandTenCL] FAR/BAR Lease

Mon May 2 14:57:48 PDT 2022

I have found the Bar to disappointingly disinterested in pursuing UPL complaints.  I have seen so many out of state lawyers preparing deeds and mortgages and representing parties in FL transactions or title companies doing legal work (e.g. POA's, Deeds, Mortgages, etc, unrelated to a closing) that I've lost count and the Bar just doesn't seem to care.

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From: landtencl-bounces at lists.flabarrpptl.org <landtencl-bounces at lists.flabarrpptl.org> on behalf of Real Estate Leasing Committee <landtencl at lists.flabarrpptl.org>
Sent: Monday, May 2, 2022 5:35 PM
To: landten at lists.flabarrpptl.org <landten at lists.flabarrpptl.org>
Cc: RPPTL Landlord Tennant Committee <landtencl at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTenCL] [RPPTL Leasing Committee] FAR/BAR Lease

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 at lists.flabarrpptl.org<mailto:landten at 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

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