ALVAN A. OUTLAND, APPELLANT,
v.
EDMUND L. WOOD, WILLIAM T. MOORE, JR., E. D. DAVIS, WILLIAM BIGGS AND HAROLD D. SEWELL, APPELLEES
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A contract to appraise real property in Florida is invalid if the appraiser is not registered as a broker in Florida.
An out-of-state real estate broker, not registered in Florida, was engaged to appraise property in Florida. The broker sued for payment under the cont…
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Appellant, a real estate broker registered in Alabama but not registered in Florida, was engaged by Biggs and Sewell for themselves and as agents of appellees to make an appraisal of certain real property located in Florida. In an action brought by appellant against all five parties to enforce payment under the contract for his services, summary judgment was rendered for ap-pellees on the ground that Florida Statutes § 475.01 (1967), F.S.A. precludes recovery by an unlicensed broker.
Other questions may remain for determination against Biggs and Sewell. This appeal raises only the question of contractual liability of defendants Wood, Moore and Davis.
Section 475.01(2) includes an appraiser in the definition of broker. Section 475.41 provides that a contract to appraise is invalid unless the broker is registered. Section 475.42(3) states that a single act brings a person within the statute.
Appellant may not recover on the contract as it is invalid under the terms of Chapter 475, Florida Statutes, F.S.A. Cf. Dugas v. DuBois, Fla.App. 1969, 221 So.2d 771.
Affirmed.
LILES, C. J., and MANN and McNULTY, JJ., concur.
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State v. Smith, 233 So. 2d 396 (Fla. 1970)…ion of the District Court is quashed and the cause remanded for further proceedings consistent herewith. It is so ordered. ERVIN, C. J., ROBERTS, CARLTON and ADKINS, JJ., and MANN, District Court Judge, concur. DREW, J., dissents with opinion. . 224 So. 2d 352 (Fla.App.4th 1969). . 188 So.2(l 388 (Fla.App.2nd 1966). .225 So.2cl 170 (Fla.App.2nd 1969). . 393 U.S. 410, 89 S.Ct. 584 (1969). . 378 U.S. 108, 84 S.Ct. 1509 (1964). .393 U.S. 410, 419, 89 S.Ct. 584 (1969).…
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Lucas v. Gulf & W. Indus., Inc., 666 F.2d 800 (3d Cir. 1981)…stances the brokerage services were performed in Florida. Into that category also fall First Equity Corp. v. Riverside Real Estate Investment Trust, 307 So. 2d 866 (Fla.App.1975), Bradley v. Banks, 260 So. 2d 256 (Fla.App.1972), and Outland v. Wood, 224 So. 2d 352 (Fla.App.1969). In sum, the state decisions show that the statute applies only where a broker is demanding his commission for activities performed in Florida. No case holds the statute applicable in a situation where a nonresident performed all of…
Authorities Cited
- R. R. (Bob) Walden v. The Borden Co., 221 So. 2d 771 (Fla. 2d DCA 1969)