Can unlicensed employees of a non-profit corporation buy, sell, or lease real estate for the corporation?

• A. No
• B. Yes, if paid on salary basis
• C. Yes, on commission
• D. Yes, only if licensed

Answer: (B)

The key idea is that certain unlicensed individuals can perform real estate activities for a nonprofit without a license, as long as their compensation is salary-based. Florida law allows an unlicensed employee of a nonprofit to buy, sell, or lease real estate on the organization’s behalf if they’re paid a fixed salary, not paid on a per-transaction commission. The difference matters because salary-based pay is viewed as employment, not brokerage for a fee earned from a particular deal. If the person were paid on commission, that would be compensation tied to a specific real estate transaction, which would require licensure. This exemption helps nonprofit operations handle property matters without needing every employee to be licensed, provided the arrangement stays within the salary-based framework.