Can a Lawyer Be a Real Estate Broker in Florida?

In Florida, an attorney may handle a range of real estate matters without a real estate broker’s license—provided those services fall within the scope of authorized legal representation. However, once an attorney begins engaging in activities that fall under real estate brokerage, such as marketing property, showing homes, or collecting commissions, a separate real estate license is legally required.



At Nishad Khan P.L., we help clients clearly understand the boundaries between legal representation and real estate brokerage, ensuring every transaction complies with Florida law and professional ethics.

What Florida Law Permits

Florida law—specifically Chapter 475 of the Florida Statutes, known as the Real Estate Professional Practice Act—governs who must be licensed to perform real estate brokerage activities. Attorneys are exempt from licensing only when performing acts that are strictly incidental to their legal practice, such as:


• Drafting or reviewing purchase and sale agreements
• Advising on legal risks and obligations in a transaction
• Reviewing and resolving title issues
• Overseeing legal aspects of closings

An attorney may not accept a commission, referral fee, or compensation for selling, leasing, or managing real property unless they are also a licensed real estate broker or sales associate. Activities such as negotiating terms, showing properties, or soliciting buyers or tenants fall squarely within the definition of “brokerage activity” and require licensure.

When a Broker’s License Is Required

The moment an attorney steps outside the scope of legal advice—such as by advertising or marketing real estate, collecting referral commissions, or directly facilitating a transaction outside the attorney-client relationship—they must be licensed as a real estate professional under Florida law.



Importantly, membership in The Florida Bar does not exempt an attorney from broker licensing requirements. The Florida Bar’s Professional Ethics Committee has consistently emphasized that attorneys must comply with both real estate licensing statutes and the Rules Regulating The Florida Bar, including:
- Rule 4-1.7: Avoiding conflicts of interest;
- Rule 4-1.8(a): Prohibiting attorneys from acquiring a financial interest in a transaction unless the client gives informed, written consent.



If a lawyer is providing both legal services and brokerage services in the same transaction, these roles must be clearly disclosed in writing to the client, and the client’s informed consent must be obtained in advance.

Why Legal Counsel Adds Value

Whether you’re purchasing a single-family home or acquiring a multi-unit commercial property, legal guidance can protect your interests in ways a broker cannot. At Nishad Khan P.L., our legal services extend beyond transactional basics and may include:


• Drafting and negotiating real estate contracts
• Title and lien analysis
• Entity formation for real estate investments
• Reviewing zoning and land use regulations
• Resolving disputes, easements, and encroachments

Unlike brokers, attorneys are trained to evaluate legal risks, explain statutory rights, and ensure your transaction aligns with Florida law at every stage.

Maintaining Compliance and Ethics

At Nishad Khan P.L., we are committed to clear boundaries between legal and brokerage services. We do not collect commissions or referral fees unless properly licensed and in full compliance with applicable laws and ethics rules. If your matter calls for brokerage activity beyond our legal role, we can refer you to a licensed real estate broker while continuing to protect your legal interests.



You can verify an individual’s broker or sales associate license status through the Florida Department of Business and Professional Regulation (DBPR) License Lookup.

Know Where the Line Is Drawn

In summary:


• Yes, a lawyer in Florida can also be a licensed real estate broker, but only if they comply with all relevant licensing laws
• A lawyer cannot engage in brokerage activity or accept a commission unless properly licensed—even if they are a member of The Florida Bar.



If you’re unsure whether your transaction involves legal advice, brokerage services, or both, we can help you navigate the issue. At Nishad Khan P.L., we offer legal-first representation that upholds both the letter and spirit of Florida’s professional and regulatory standards.

Contact us today to schedule a consultation and ensure your real estate transaction is handled with integrity, legal insight, and full compliance with Florida law.