Can an attorney collect a real estate commission in Florida? This is a question that often arises in the legal and real estate industries. The answer, however, is not straightforward and depends on various factors, including the nature of the attorney’s involvement in the real estate transaction.
Real estate transactions are complex and require a significant amount of legal expertise. Attorneys play a crucial role in ensuring that these transactions are conducted legally and ethically. While it is common for real estate agents to collect commissions for their services, the question of whether an attorney can also collect a real estate commission in Florida is less clear.
In Florida, an attorney can collect a real estate commission if they meet certain criteria. First and foremost, the attorney must be actively involved in the real estate transaction. This means that they must be providing legal services, such as drafting contracts, reviewing documents, and ensuring compliance with state and federal laws. If the attorney is solely acting as a legal advisor and not actively participating in the transaction, they cannot collect a real estate commission.
Furthermore, the attorney must have a written agreement with the client that outlines the scope of their services and the fee structure. This agreement should clearly state that the attorney is entitled to a real estate commission in addition to their legal fees. Without such an agreement, the attorney cannot claim a commission.
It is also important to note that the amount of the commission must be reasonable and directly related to the attorney’s services. If the attorney’s involvement in the transaction is minimal, the commission should reflect this. Additionally, the commission should not exceed the standard rates typically charged by real estate agents in the area.
Another factor to consider is the attorney’s relationship with the client. If the attorney is representing both the buyer and the seller, they must disclose their dual representation and obtain written consent from both parties. In such cases, the attorney may be able to collect a commission, but it must be agreed upon by both parties and should be reasonable.
In conclusion, while an attorney can collect a real estate commission in Florida, it is not an automatic right. The attorney must be actively involved in the transaction, have a written agreement outlining their services and fees, and ensure that the commission is reasonable and directly related to their services. It is always advisable for attorneys to consult with a legal expert to ensure compliance with state laws and regulations when considering collecting a real estate commission.
