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Why Can’t I Amend a Florida Supreme Court Lease? (But I Can Amend a Florida Realtors/Florida Bar ASIS Contract)

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Source: Why Can’t I Amend a Florida Supreme Court Lease? (But I Can Amend a Florida Realtors/Florida Bar ASIS Contract)

Why Can’t I Amend a Florida Supreme Court Lease? (But I Can Amend a Florida Realtors/Florida Bar ASIS Contract)

By Maria Marchante

Florida real estate licensees can draft sales contracts but not leases beyond filling in blanks, per Florida Supreme Court rulings.

ORLANDO, Fla. — Way back in the 1990s (1992 to be exact) the Florida Bar issued an Advisory Opinion. The question at hand was, “Whether it constitutes the unlicensed practice of law for a Florida real estate licensee and/or other nonlawyer to draft a residential lease up to one year in duration for another and, if so, whether the practice should be authorized?”

A little background:

In 1950, the Florida Supreme Court decided in a case (Keyes Co. v Dade County Bar Association. 46 So. 2d 605 (Fla. 1950)) that Florida real estate licensees are allowed to prepare a sales contract for the sale of real estate. In this case, the Court determined that any other documents must be prepared by a licensed Florida attorney. The drafting of the sales contract is considered the practice of law, but the Court carved out this exception for real estate licensees in these limited circumstances.

This is an issue that comes up regularly in calls to the Florida Realtors® Legal Hotline.

The Florida Bar is empowered to issue formal advisory opinions regarding activities which may be deemed the unlicensed practice of law.

There are two things that are considered when determining if an action is the unauthorized practice of law:

1. Does the service or activity constitute the practice of law?

(There is no codified definition, this is based on case law)

2. Once it is determined if an activity is the practice of law, there must be a determination whether the Court or another authorized body has authorized a nonlawyer to perform the activity.

By the 1990s the question about real estate licensees drafting one-year leases was due to be answered. After a public hearing, where testimony was presented, the Standing Committee at the Florida Bar issued an Advisory Opinion. In this Opinion, it was determined that there should be a Court approved residential lease form for leases not to exceed one year. The approval of the form lease did not also approve a nonlawyer to draft leases or prepare addenda to an approved lease form. The Opinion allows the nonlawyer to communicate with the landlord and/or tenant to elicit factual information to complete the form.

So, all of that to say, the reason Florida real estate licensees can draft a sales contract is because the Florida Supreme Court said they can in that 1950 case. The reason Florida real estate licensees can’t draft their own leases or go beyond just filling in the blanks to the two Florida Supreme Court approved leases (in Form Simplicity) is because there is no exception or case allowing them to.

It is always important to remember, just because you can doesn’t mean you should. There is always the potential for liability if you draft language in a sales contract that doesn’t go as planned. We provide many forms for Realtors to use that create a good starting point for transactions.

Finally, keep in mind that unauthorized practice of law is a 3rd degree felony in Florida.

Maria Marchante is Associate General Counsel

Note: Advice deemed accurate on date of publication

©2025 Florida Realtors

1150 Key Largo Street Jupiter, FL 33458

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1150 Key Largo Street Jupiter, FL 33458 in Mallory Creek in Abacoa

Beautiful Coastal Key West styled Summerfield model built by Divosta/Pulte. Situated on a wide green swale area, this home is setback from the street. Enter to a comforting open plan on the first floor with remodeled kitchen and Bar area. there is also an Office/Den. this home has a rear attached garage with a covered breezeway and screened patio. New tiled floors on the main floor and new Simulated wood floors on the the stairs and 2nd floor. The 2nd floor hallway leads to a serene covered Balcony. The Primary bdrm towards the rear of the home offers His and Hers walk in closet. The Bathroom offers a glass walled shower and a Jacuzzi tub. Great location within the community – walk to Pool/Clubhouse. MInutes to the Dog friendly Jupiter beaches as well as Fine dining and PGA Mall.

Listing Date compliments of :

Exceptional Properties

Should I use the CABB-1 or CASB-1 form when presenting an offer?

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First, if you’re an agent reading this then call me, Chris Ryder, at 561.818.3858. You need a new Broker.

NOTE: As of March 2026 the 2 forms noted below have been combined onto a single form, CASSB-1. Thus, the current answer is neither. Use the CASSB-1 form.

Realtors, like other profesionals who do work for others, want to be paid. Before showing a prospect ANY property we get a Buyer’s Broker agreement signed by our customer. When making appointments for showings we ask the Listing Agent if the Seller is willing to compesate us. The answer is usually yes and 2.5% say. Great! We show the property to our customer and they want to make an offer. Super! But we want to get that offer of compensation formalized BEFORE sending over any offer. There is now a single form for this but it needs to be completed correctly. The CASSB-1.

The answer is: It depends on which box is checked off on the Listing Agreement. If box 10(a) is checked on the sale listing agreement (Or, 8(a) for rental listing agreements) then you should check the box for the “seller’s broker, and that Broker should execute this form. This is the scenario similar to the way it always was. The Seller is paying the listing agent say 5% and the listing agent is offering say 2.5% to cooperating agents. If a modification to this form CASB-1 is required then the agent should use the new combined form: MCSB-1.

Or, if box 10(b) is checked on the sale listing agreement (Or, 8(b) on the rental listing agreement) then you would check the box for THE SELLER to sign this new form. In this scenario the listing agreement states that the Seller will be compensating the Broker for the Buyer in the amount of say 2.5%. If a modification to this form CASB-1 is required then the agent should use form: MCSB-1.

REGARDLESS of which box is checked any offer of compensation is NOT agreed to, by either the Listing Agent or the Seller, unless and untill a signed CASB-1 or CABB-1 is signed.

Realtors should note the current Code of Ethics includes:

Standard of Practice 3-2
REALTORS® are prohibited from delaying or withholding delivery of a buyer’s/tenant’s offer while attempting to negotiate compensation. These ethical obligations in no way restrict the REALTORS®’ or clients’ ability to negotiate compensation in the clients’ best interest, including in offers to purchase or lease. (Adopted and effective June 5, 2025)

So, IF the listing agent does not immediately return the executed form back to you then use the form CR-7 as an addendum to the Contract (or CTL) being presented. This gives the BUYER (or Tenant) the option to withdraw, or at least renegotiate, so that they can avoid paying your fee. This form should be used for a specific purpose, to add a contingency to the Buyer and Seller’s sales contract when no compensation agreement has been entered into beforehand. Remember, no Florida Realtors form is required to be used but this on reads:

This Contract is contingent upon (check one) __ Seller’s Broker and Buyer’s Broker or __ Seller and Buyer’s Broker executing a compensation agreement with terms acceptable to Buyer (“Compensation Agreement”) within ____ days (if left blank, then three (3) days) after the Effective Date (“Time Period”). If the Compensation Agreement described herein is not executed and delivered within the Time Period, then Buyer may, within three (3) days thereafter deliver written notice to Seller, terminating this Contract in which event the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. If Buyer fails to timely deliver said written notice to Seller, this contingency shall have no further force or effect.

The Buyer may also wish to pay their agent BUT for the Seller to give thme a credit in this amount. To do this one would use the rider: “FF. CREDIT RELATED TO BUYER’S BROKER COMPENSATION.”

Lighthouse Drive Bridge Replacement North Palm Beach

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First, this is a LINK to the North Palm Beach Presentation on various bridge replacement options.

One of the last things that was done just before our last town manager resigned we spent 91,288 for just 2 conceptual designs for the Lighthouse Dr bridge: “Resolution approving a proposal from Engenuity Group, Inc. for professional engineering services associated for development of two conceptual designs for the reconstruction of the Lighthouse Drive Bridge at a total cost of $91,288; authorizing execution of all required document; and authorizing a budget amendment to fund the purchase.”

Then the Village gave 2GHO 83,439 for 2GHO to do a traffic study for Lighthouse Drive: “Lukasik explained that the resolution would approve an amendment to a contract with Gentile Glas Holloway O’Mahoney & Associates, Inc. (2GHO) for Lighthouse Drive Streetscape/Traffic Calming Design Services (Task 3) in the amount of $84,349.”

175k spent so far and the best the came up with is replacing the 36′ wide bridge with a 65′ wide one.

We got  a grant for 270k in March 2004 and Karen Marcus was placed on the committee to rank the respondants…

——————————–

Background: On March 25, 2024, the Village issued a Request for Qualifications (RFQ), soliciting

qualification statements from bridge design consultants for the design of the Lighthouse Drive Bridge

Replacement Project in accordance with the requirements of Section 287.055, Florida Statutes

(Consultants’ Competitive Negotiation Act or CCNA). The qualification statements were submitted on

April 25, 2024, with five (5) different design consultants submitting responses. All responses were

reviewed by the Village’s Bridge Design Selection Committee, with the intent to shortlist three (3)

consultants for future presentations. The Selection Committee members included the following

individuals:

 Karen Marcus, Resident

 Samia Janjua, Deputy Village Manager

 Caryn Gardner-Young, Community Development Director

 Chad Girard, Public Works Director

 Jamie Mount, Asst. Public Works Director

On May 9, 2024, the Bridge Design Selection Committee met to create a shortlist of three (3) design

consultants following review of qualifications statements submitted in response to the RFQ. The

following three (3) design consultants were shortlisted: WGI, Inc.; Consor Engineers, LLC; and Alan

Gerwig & Associates, Inc.

On June 6, 2024, the Bridge Design Selection Committee hosted presentations by the shortlisted design

consultants. The consultants presented their technical qualifications for designing the Lighthouse Drive

Bridge replacement project. Following the presentations, the Selection Committee ranked the firms as

follows (ranking sheet included in back up materials):

1. WGI, Inc.

2. Alan Gerwig & Associates, Inc.

3. Consor Engineers, LLC

The committee’s selection of WGI, Inc. as the top-ranked firm was based on several key considerations

—————————- RESOLUTION – LIGHTHOUSE DRIVE BRIDGE REPLACEMENT PROJECT CONTRACT

Consider a motion to adopt a resolution approving a Contract with WGI, Inc. for the design of the

Lighthouse Drive Bridge Replacement Project at a total cost not to exceed $639,729.43; and

authorizing execution of the Contract.

————————————-

Another 365k NET (after the grant $ is applied) spent, so 540k spent to date.

HOA Covenants: What to Know About CC&Rs

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Remember that in Florida the Seller need only disclose the items in the HOA Disclosure but they are NOT required to provide and information.  This is a stark contrast to condominiums.  For properties in an HOA there is NO right for the Buyer to withdraw from the Contract if they don’t like whatever it might be that they find out.

Source: HOA Covenants: What to Know About CC&Rs

HOA Covenants: What to Know About CC&Rs

HOA covenants can shape neighborhoods and the lives of residents significantly. Here’s what real estate agents should know about HOA CC&Rs.

CHICAGO — With 75.5 million Americans living in communities governed by homeowners associations (or HOAs) and 3,000 new HOAs expected to form in 2024, community associations are quickly becoming an important aspect of real estate transactions.

An HOA is an organization that creates and enforces rules and regulations for the properties and residents of a given residential community. The regulations or guidelines governing the HOA community are called restrictive covenants and are outlined in a document called a Declaration of Covenants, Conditions, and Restrictions (CC&Rs). These CC&Rs can play an integral role in how an HOA influences day-to-day life in a neighborhood. Let’s explore them more so you can keep your clients in the know.

What are HOA covenants?

HOA covenants are the rules and expectations for living in community governed by a homeowners association. For example, an HOA covenant may prevent residents from painting their home exteriors certain colors, or it may require all residents to pay a certain fee. Rules may differ from one community to the next, but they usually exist to protect property values and facilitate a good standard of living in the community.

HOA covenants have three types of governing documents: Covenants, conditions and restrictions (CC&Rs); bylaws; and rules and regulations.

Covenants, conditions & restrictions (CC&Rs)

CC&Rs are officially recorded and filed with the state. They cover the rights and obligations of both the HOA and the community residents. CC&Rs may cover property-use restrictions, maintenance obligations (for the HOA and residents), rule enforcement mechanisms, dispute resolution and insurance obligations.

Bylaws

Bylaws typically cover the day-to-day governance aspects of the HOA. This includes HOA board election processes, frequency of elections, number of board members, length of service terms and the responsibilities of the board members.

Rules and regulations

Rules and regulations are a less permanent extension of CC&Rs. They often include rules that must be updated seasonally based on changing needs.

CC&Rs, bylaws and rules can all be amended, provided the board and members are largely in agreement. HOAs may choose to update their covenants every few years.

Why are HOA covenants and CC&Rs important?

HOA covenants and CC&Rs are important because they can substantially impact the lives of community residents. They offer amenities and benefits, but these advantages may come at the cost of personal choice and individuality.

  • Limits on paint colors and presentation: HOAs may require residents to adhere to a strict code for home exteriors. This may mean residents aren’t allowed to personalize their home’s exterior to their liking through paint colors, lawn ornaments, or seasonal decorations.
  • Fees and amenities: Homeowners living in HOA communities must pay HOA fees for as long as they own their home. These fees can be steep depending on the community and cannot be avoided, even if homeowners choose not to use common amenities.
  • Quality of life: An HOA’s regulations, fees, and well-maintained common spaces all contribute to protecting property values in the community. HOA communities are a great fit for people aligned with these goals but may interfere with individuals seeking full independence.

What are some common features of CC&Rs in HOAs?

HOA covenants are usually created when a developer forms the community. The developer may attempt to anticipate the community’s needs based on their observations and experience. This is why HOA CC&Rs vary from one community to the next. However, when educating a client, real estate professionals can cite some of the following examples:

  • Property maintenance standards: This may mean no piles of trash, broken or damaged fencing, or unsightly sheds.
  • Pet rules: The HOA may prohibit pets above a certain weight, livestock (such as chickens) and restrictions on certain dog breeds.
  • Parking and guests: The HOA may not allow parking in the street or oversized guest vehicles like RVs in the driveway. They may also restrict house parties, large celebrations or get-togethers on your property.
  • Landscaping rules: Rules may prohibit flower beds or herb gardens in the front yard. Residents may not be allowed hardscaping elements like fountains, treehouses or swings.

What should real estate professionals know about HOA covenants?

When considering buying a home in an HOA neighborhood, here’s what real estate professionals should discuss with clients:

  • HOAs may impact property values: Living in an HOA often means living in a clean, well-maintained neighborhood with community amenities. These benefits may inflate the price of the home.
  • HOAs can shape neighborhoods: Based on their rules, HOAs can have a positive or negative impact on residents’ lives. The neighborhood may be clean and offer great amenities. However, certain HOA rules may mean residents can’t have the gardens or native plants they want, or only particular pets may be allowed in the community.
  • HOAs may affect how homeowners use their home: An HOA may affect the owner’s ability to rent out the house. Many HOAs also block residents from using their homes for anything besides residential purposes. This means residents may not be able to run a small business from their home. This rule doesn’t apply to all HOAs or all small businesses, but it highlights the importance of understanding the HOA’s CC&Rs before buying a house.

Representing HOA buyers or sellers

Real estate professionals can help buyers navigate HOAs by understanding the buyer’s needs at the outset. For example, an HOA with rules against leasing may not be suitable for a buyer wanting to turn the home into a vacation rental. Similarly, an HOA with strict rules about pets may not be right for someone with large dogs.

Finding the right house while navigating HOA rules may make house hunting a longer process, but it’s only through research and comparison that agents can help their buyers find the perfect home. A buyer’s specific needs may warrant a larger conversation about whether an HOA is the right fit.

Agents representing sellers must find out if they are required by law to disclose any HOA information, such as unpaid dues or litigation. They can also highlight the benefits of the HOA to potential buyers.

CC&Rs FAQs

Where can I find CC&Rs?

Before showing a house to a client, real estate agents can obtain a copy of the applicable HOA CC&Rs from the seller or listing agent, the county recorder’s office, or an HOA board member. You may also inquire about any outstanding disputes the seller has with the HOA involving potential litigation and unpaid dues or fines.

Are CC&Rs legally binding?

HOA CC&Rs are legally binding documents as long as they comply with local, state and federal law. When buying an HOA home, people typically sign a contract that states they’ve read and understand the HOA CC&Rs. Buyers are then bound by the contract.

How are CC&Rs enforced?

The HOA usually has a detailed process for dealing with rule-breakers. The process may begin with one or two violation notices followed by fines. If the problem remains unresolved, the board may set up a meeting or hearing to discuss the issue and how best to proceed. If the situation escalates, the HOA may take legal action against the resident.

© 2025 National Association of Realtors® (NAR)

108 Lakeshore Drive 1441 North Palm Beach, FL 33408 

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108 Lakeshore Drive 1441 North Palm Beach, FL 33408 in the Marina Tower in Old Port Cove

Light and bright 2 bed southeast corner unit with stunning intracoastal, ocean & MacArthur State Park views from floor to ceiling FULL IMPACT SLIDDERS. Not a 55+ building and a small (<25lbs) pet is permitted. Both spacious bedrooms have multiple closets and expansive views. Large wrap-around balcony with plenty of room to enjoy sunrise to sunset and the annual holiday boat parade. Updated kitchen, tiled living area, hallways, large laundry room. Newly renovated building lobby, elevators & hallways, concrete restoration complete. 40 year electrical and structural inspection completed, full-time building manager and assistant on site. Amenities include, pool, spa, BBQ area & social room. Enjoy Old Port Cove w/ 24/7 manned gate, on-site marina and Belle’s restaurant and lakeside walkway.

A newly renovated building lobby, elevators & hallways & doors that is all PAID for and a full time building manager on site. Amenities include security, covered parking, a heated pool and Jacuzzi with a BBQ area, social room and generator. First class building.

Enjoy Old Port Cove behind a 24/7 manned gate, 2 mile intracoastal walkway, on-site marina and Belle’s restaurant. Close to restaurants, shopping, NPB Country Club Golf, tennis and restaurant, white sand beaches and PBI Airport 20 minutes away. No lease first 2 years.

The Marina Tower Building is generally considered to most social building in Old Port Cove. The building features an on site manager, covered parking, security cameras and doors, a resort style heated pool and jacuzzi, an outdoor BBQ area, a social room and a generator for the elevators. Located on a spit of land out into the intracoastal with Macarthur Park to the east the 60 Acre Old Port Cove community has a 24/7/365 manned gatehouse, a waterfront restaurant, 2 mile walking path and a full service marina for yachts from 20 up to 200 feet. Just across the street from fine dining and shopping and just over the bridge to the recently renovated North Palm Beach County Club with a Jack Nicklaus signature golf course, restaurant, pool & tennis courts.

Frequently Asked Questions

FinCEN changes to Far Bar As-Is Contracts in Florida

There are new FinCEN reporting requirements for certain case sales in Florida and the thus the Far Bar As-Is was just updated with this: “FinCEN REAL ESTATE REPORTING OBLIGATION. Section 1031.320 of Chapter 31 of the Code of Federal Regulations (“CFR”) requires that certain residential real estate transactions without institutional lender financing, where at least […]

When is the Juno Beach Turtlefest in 2026

When will Turtlefest be held in Juno Beach in 2026? This year Turtlefest in Juno Beach, which is the annual even of Loggerhead Marinelife Center · 14200 US Highway 1 · Juno Beach, FL 33408 · USA will be held on February 21 & 22. Stop by R&R Realty in the Plaza Le Mer next […]

December and year end 2025 Jupiter and Palm Beach Gardens Housing sales numbers

Happy New Year! The Realtors Association of the Palm Beaches just released their December 2025 housing sales numbers and these are also the defacto year end numbers as well. I see the trend as going int he right direction. The key metric looking ahead is the months suuply of inventory which for houses has decreased […]

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Well, let's see what the language approved by the Florida Supreme Court is but a joint resolution of the house and senate proposes a near total make over of Florida property taxes. […]

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About Us

For over twenty years now R& R Realty has been helping customers buy and sell Palm Beach homes. Northern Palm Beach County is a spectacular place to live and we know every inch of it. Generally considered the end of the sub tropical zone, the Gulf Steam waters temper our climate for warm winters making for an amazing life style filled with boats, beaches, shoping, golf & convenience just 15 minutes from the Palm Beach Airport. Feel free to browse our website for more information on Palm Beach homes for sale and real estate listings including great local neighborhood maps of Juno Beach, Jupiter, Palm Beach Gardens, Singer Island and Jupiter Island. You may choose to search for Palm Beach Homes for sale on your own at first or contact us and we will help tailor a search to your specific needs. We look forward to hearing from you! If you have any questions about property for sale in Palm Beach, please call me, Chris Ryder, the owner, directly on my cell phone at (561) 818-3858.