Who is in violation of the law when an unlicensed secretary refers leads to her broker for compensation?

In this scenario, the violation stems from the unlicensed secretary referring leads to the broker in exchange for compensation. Under Florida real estate law, only individuals who possess the appropriate real estate license can engage in activities that constitute real estate brokerage, which includes soliciting leads for compensation.

Since the secretary is unlicensed, her action of referring leads for payment is unlawful. This not only puts her in violation of the law but also implicates the broker. The broker is responsible for ensuring that all activities related to real estate brokerage comply with legal requirements. Accepting leads from an unlicensed person for compensation violates the regulations governing real estate transactions.

Consequently, both the broker and the secretary are in violation. The broker should refrain from compensating someone who is not licensed, while the secretary should not engage in brokerage activities without the required license. This mutual violation highlights the importance of adhering to licensing laws within real estate practices to maintain compliance and protect all parties involved.