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PCS for HB 861 — Residential Loan Alternative Agreements (Florida, 2023)

Summary

A bill, PCS for HB 861 (2023), to be enacted by the Legislature of the State of Florida, an act relating to residential loan alternative agreements. It creates Section 475.279, Florida Statutes, which defines a residential loan alternative agreement as a signed writing that grants an exclusive right to a person to act as a broker for the disposition of the property, has an effective duration of more than 2 years, and requires that the person pay compensation to the seller or owner. The text limits the term to 6 months with no renewal, bars a court from enforcing such an agreement by a lien or constructive trust, and requires notice to and written consent of the seller or owner before assignment. A violation is deemed an unfair or deceptive trade practice, and the act takes effect July 1, 2023.

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Issuer
Congressional materials
Document type
2023 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcb
Case
2023 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcbs Fn Pcs For Hb 861

Cite this document

“PCS for HB 861 — Residential Loan Alternative Agreements (Florida, 2023).” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3236-regulatory-reform-economic-development-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-861/, SHA-256 8adfdde4c6cd7062aeb3b189a8a6ee82043800df71114bb2dac95bac7883faca.

Full text

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           PCS for HB 861                                                                                       2023




    1                                          A bill to be entitled
    2              An act relating to residential loan alternative
    3              agreements; creating s. 475.279, F.S.; providing
    4              definitions; specifying a limitation on the term of a
    5              residential loan alternative agreement for the
    6              disposition of residential real property; prohibiting
    7              a court from enforcing a residential loan alternative
    8              agreement by certain means; requiring notice to and
    9              consent of the residential property owner before a
10                 residential loan alternative agreement may be
11                 assigned; providing construction; providing penalties
12                 for violations; providing an effective date.
13
14         Be It Enacted by the Legislature of the State of Florida:
15
16                 Section 1.          Section 475.279, Florida Statutes, is created
17         to read:
18                 475.279         Residential loan alternative agreements for the
19         disposition of residential real property.—
20                 (1)          As used in this section, the term:
21                 (a)          "Disposition" means a transfer or voluntary conveyance
22         of the title or other ownership interest in residential real
23         estate.
24                 (b)          "Residential loan alternative agreement" means a
25         signed writing between a person and a seller or owner of

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        PCS for HB 861                                                                                       2023




26      residential real property that:
27              1.       Grants an exclusive right to a person to act as a
28      broker for the disposition of the property.
29              2.       Has an effective duration of more than 2 years.
30              3.       Requires the person pay compensation to the seller or
31      owner.
32              (c)          "Residential real property" means improved residential
33      property of four units or fewer or unimproved residential real
34      property intended for four units or fewer.
35              (2)          A residential loan alternative agreement for the
36      disposition of residential real property may not exceed a term
37      of 6 months and may not be renewed.
38              (3)          A residential loan alternative agreement may not
39      authorize a person to place a lien or otherwise encumber any
40      residential real property. A residential loan alternative
41      agreement may not constitute a lien, an encumbrance, or a
42      security interest in the residential real property. A court may
43      not enforce a residential loan alternative agreement by a lien
44      or constructive trust in the residential real property or upon
45      the proceeds of the disposition of the residential real
46      property.
47              (4)          A residential loan alternative agreement must require
48      notice to and written consent of the seller or owner before the
49      person may assign the residential loan alternative agreement to
50      another person.

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        PCS for HB 861                                                                                       2023




51              (5)          As a matter of public policy, a residential loan
52      alternative agreement that does not meet the requirements of
53      this section is unenforceable in law or equity. In addition, a
54      residential loan alternative agreement may not be recorded by
55      the clerk of the circuit court.
56              (6)          A violation of this section is deemed an unfair or
57      deceptive trade practice within the meaning of part II of
58      chapter 501, and a person who violates this section is subject
59      to the penalties and remedies provided therein.
60              Section 2.          This act shall take effect July 1, 2023.




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File and source

File
2023_3236_regulatory-reform-economic-development-subcommittee_proposed-committee-bills-pcbs_fn-pcs-for-hb-861.pdf
Size
99,092 bytes
SHA-256
8adfdde4c6cd7062aeb3b189a8a6ee82043800df71114bb2dac95bac7883faca
Our copy
2023_3236_regulatory-reform-economic-development-subcommittee_proposed-committee-bills-pcbs_fn-pcs-for-hb-861.pdf
Original
www.flhouse.gov
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