O#61 ORDINANt~E NO. 61
AN O~DINANCE 0!,' ~h-~ TO~'.~ OF BOYNTON, PLORiDA,
REGULA~'ING AND LICiiNSIhG ~EAL ESI'ATE B~OKENS
AND REAL ESTATE SALESN{~N, DEFINING Ti~E TENNIS
ilEAL ESTATE BROKSR AND R!iAL ESTATE S.~ES},~[AN
AS USED IN TRiS ONOiNANCE: P~OVIDIIqG PON A
BOARi) OF EXA~ii{ERS TO F~Ai},~[IiE ALL REAL ESTATE
BROKERS AND REAL ~STATE SAi~ESNEN, ~D PROVID-
iNG A PENALTY POR VIOLATION THEREOF.
BE IT ORDAINED by the To'c~n Commission or the
To~.~n of Boynton, Florida:
Sec.1 it shall be unlsv~i'~i for any person~
i'irm~ partnersnip~ association or corporation from and
after this o~inanoe snali ta~{e effect to engage in the
business or act in the capacity, ei'hhor directly or in-
directly, of a real est~ite broker or of a real estate
salesman ;,~ithin the To~n of 5oynton, ~¥ithout first ob-
taining a license under the provisions of this ordinance.
Sec. 8 A Nea~l Estate Broker ~ithin the mean-
ing of this ordinance is any person~ firm, partnors?lip~
co-partnership, or asso{}iation, ~¥}~o~ I'~ a compensation
or valuable consideration, sells or offers for sale,
buys oF offers to buy, or negotiates the purchase oP s~le
er exchange of P~a! estate, or ,~ho leases or offers te
lease, or rents or offers to rent~ any real estate, or
the improvements thereon, for others~ as a ',?hole or par-
tial vocation.
The ter~ii "broker" as used in this ordinance
is synonymous ,,~Ith the term "real estate broker".
A real estate salesman ',Tithin the me~ inS of
this ordinance is an~ person, ~ho for a compensation
or ~luable consideration is employed, either directly
or indirectly, by a real estate broker to sell or offer
for sale, or to buy or offer to buy, or to negotiate the
purchase or sale or exchange of real estate, o~ to lease,
rent, or offer for rent, any real est ~te, or to negotiate
leases thereof, or of the imp~?ovements thereon, as a whole
or ~artia! vocation.
One act for a compensation of buying or selling
real estate of or for another, or offering for another
to buy or sell, or exc~ange real estate, or leasing, or
renting, or offering to ~ent real estate, except as herein
specifically excepted, shall constitute the person, firm,
partnership, association o? corporation performing, offer-
ing or attempting to perform any of the acts enumerated
herein, a real estate broker or a real estate salesman
within the meaning of this o~dinance.
The provisions of this ordinance shall not
apply to any person, co-partnership, association or
corporation, v~ho as owner or lessee, shall perform any
of the acts aforesaid, with reference to property owned
or leased by them, or to regul~r employees thereof, with
respect to ~he prop~rty so owned or leased, where such
acts are performed in the regular course of, or as an
incident to, the managemen'~ of such property and the
investment therein, nor shall the provisions of this
ordinance apply to any person acting only as attorney-
in-fact under a duly executed power of attorney from
the owner authorizing the final consumation by per-
formance of any contract for the sale, leasing or ex-
change of real estate, not shall this ordinance Oe con-
strued to include in any ~.~ay the services rendered by
any attorney-at-law in the perfo~nance of his duties as
such attorney-at-law; nor shall it be held to include,
while acting as such, a receiver, administrator or
executor, or any person selling real estate under ord~r
of any court, nor to include a trustee acting under a
trust agreement, deed of trust, or will, or a regular
salaried emoloyee thereof.
Section 3. Licenses provided for by Section
I of this ordinance shall be granted only to persons who
are trustworthy and bear a good reputation for honesty
and fair dealing, and for competent to transact the
business of a broker or real estate sales~,~an in such
manner as to safeguard the interests of the public.
No license shall be granted to any person under
the age of t~'enty-one years, or otherwise incapacitated
from contracting.
Section 4. Every applicant: for a broker's
license shall state the name of the person, firm,
partnership or corporation, and the location of the
place or places for which said license is desired, and
shall be executed by such person, or by an officer or
member of the firm, p'artnership or corporation applying.
Every broker shall maintain a place of business in the
!~own of Boynton, w~th an appropriate sign displayed,
designating the name oi~ such person, firm, partnership
or corporation.
Every applicant for a salesm~n's license
shall, in addition to the requirements of this Section~
state the name and address of his last employer, and
~he ar~ne of the person, firm, partnership or corporation
in whose employ he is to enter.
l~or the purpose oi~ determining v~he qualifi-
cations of such applicants for real estate broker's
license or real estate salesman's license, as the case
may be, there shall be, and there is hereby created a
Board of Examiners who shall be appointed by the Town
Commission, said Board shall consist of three real
estate brokers, residents of the Town of $oynton, who
have for the past year operated as real estate brokers
within the State of Florida, who ~all be appointed by
~he Town Commission each year to hold office for the
next ensuing year ¥~ithout compensation, and shall meet
for the purpose of examining applicants as aforesaid,
once each week, at a time and place to be determined by
said Board.
The duvies of said "Board of ~.~xaminers" are
as follows:
To hear and consider all applications for
real estate brokers' or real estate salesmen's licenses.
To make suc~ investigations as may be deemed
necessary in determining the qualifications of such
applicant and submit the same together with its re-
com~endations to the Town C~.mmission.
To report any and all violations of this
Ordinance that may co~e to its attention.
Ail applicants for real estate license shall
show sufficient proof to said Board subject to the appro-
val of the To~?n ~ommission, of his, her, or its qualifi-
cations before a license shall be granted, in the event
said applicant shall successfully pass said examination,
said To~n Commission shall notify t~e To~a Clerk, who shall,
upon paymen~ of the required license fee as hereinafter
provided, issue said applicant a license as herein provided.
~ection $. The To¥~n Clerk shsll issue each
license in such form and size as shall be prescribed by
the To?aa Commission. ~'his li~ense shall show the name
and address of the holder and shall certify that the
person whose name appears the?eon is a licensed real
estate broker or salesman, as the case may be. It sahlt
be the duty of such broker or salesman to conspicuously
display his, her or its license in his, her or its em-
ployer's place of business.
'~,'he 2own Clerk shall upon the issuance of
every such license also issue a card certifying that
the bearer (stating name) is a duly licensed broker or
salesman '~¥it~in the To~n of ~oynton.
Section 6. The license fee for real est~.,te
brokers ar~ real est'_.-~te salesmen within the To~n of
;3oynton, ?lorida~. shall b~ as foilo~vs:
For each real estate broker ~$0.00
i~or each real estate ~alesman -,~25.00
Section 7. It shall be unlawful for any real
estate salesman to accept a commission or valuable con-
sideration for the performance of any of the acts herein
specified from any person except his employer, who
must be a broker Zicensed under this ordinance.
any broker or real estate salesman, or any
person who shall assume to act in either such capacity
with the (2own of Boynton, -.'~'}~o -
(a) Makes any false promise of a character likely
to influence, persuade or induce, or
(b) ~ursues a continued and flagrant course of
misrepresentation, or the making of false promises
through agents or salesmen, or advertising, or ether-
wise, or
{c) Acts fop more than one carry in a transaction
withouz the knowledge of all parties 'thereto, or
(d) Repre~ents or attenmts to renresent a real
estate broker other than mis employer, without the
express knov;tedge and consent of she employer, or
(e~ Pails to accounn ro~, or to remit for, an~r
moneys coming into his possession, '~vhich belong to
another, or '
(f) Is unu'orthy or incompetent to act as a
broker or salesman in such manner as to safeguard the
interest.~: of the public, or
(g) Engages in the r~l estate 'business without
paying the license fees, lawfully required of him by
any government au~hoPity, or
(h) ~;hose condu~t wi~eth~ r of the same or a
different character than ]~ereinbefore specified, con-
stitutes dishonest dealing, or shall violate any of the
provisions of this ordinance, shall upon conviction be
punis~ed 'by a fine not to exceed ~i~I00.00 or by impri-
son~ent not to exceed one mf_~nth, or by the cancella-
tion of his, her or its license, in the discretion of
the court.
In case of any violation of ~ny of the pro-
visions of this ordinance, ~.'? a corporation, both the
corporation and the officer, or agents of t]~e corpora-
tion guilty of such viol~tion shall be punishable.
No brok~r shall in any man~er be responsible
or liable for ar~ violation of the provisions of this
ordinance, committed by any real estate sales~an or
employee of such broker, unless it shall be established
th~.t the broker had guilty knowledge of such violation.
Section 8. Ail ordinances a~d parts of
ordinances in con!~li.~t with the provisions ~ereof
are hereby repeale¢~.
Section 9. That the i,'~ayor of the To~,',~n of
Boynton be hereby authorized 'to appoint inspectors vzith
police power, Wino sh~.l! work und,~r ~he immedi~~ te super-
vision of the £o~,¥n Clerk and snell make an investiga-
tion as to violations of this ordinance.
Section !0. ih~t in case a Corporation,
~artnership or ~association shall apply for a license
as real estate broker und.~r this ordinance, s~d
officer applying shall be entitled to take out such
license as an officer of said corporation, partnership
or association, and in the name of said frim, and the
balance of the emebers of said firm shall be required
to obtain a salesman's license.
R. 0. I¥iyers,l~ayor (Signed)
i~arr2 Benson,Vice idayor (Signed)
Commissioners of the Torah
of Boynton, ?lorida.
The above ordinance having been read in fui.! at
a regular meeting of the To?.~n Commission of the
of Boynton, hei~ on the l~_ith day oI' September, A. D.
192f), was read in full a~.~.d ado~:~ted on its flnal reading
at a regula? meeting of said Tovm Co~mission, held on
the 3rd day of November, ~. D. 1~)~5.