eLaws of Florida

  SECTION 634.3205. Rebating; when allowed.  


Latest version.
  • 1(1) 2No sales representative shall rebate any portion of his or her commission except as follows:
    17(a) 18The rebate shall be available to all consumers in the same actuarial class.
    31(b) 32The rebate shall be in accordance with a rebating schedule filed with and approved by the home warranty association issuing the home warranty to which the rebate applies. The home warranty association shall maintain a copy of all rebating schedules for a period of 3 years.
    78(c) 79The rebating schedule shall be uniformly applied so all consumers who purchase the same home warranty through the sales representative for the same coverage shall receive the same percentage rebate.
    109(d) 110The rebate schedule shall be prominently displayed in public view in the sales representative’s place of business, and a copy shall be made available to consumers on request at no charge.
    141(e) 142The age, sex, place of residence, race, nationality, ethnic origin, marital status, or occupation of the consumer shall not be used in determining the percentage of the rebate or whether a rebate is available.
    176(2) 177No rebate shall be withheld or limited in amount based on factors which are unfairly discriminatory.
    193(3) 194No rebate shall be given which is not reflected on the rebate schedule.
    207(4) 208No rebate shall be refused or granted based upon the purchase of or failure to purchase collateral business.
History.-s. 40, ch. 2004-374; s. 26, ch. 2010-175.

Bills Cite this Section:

None

Implemented Rule (1):

Cited by Court Cases:

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