SECTION 877.101. Escrow business by unauthorized persons; use of name.
Latest version.
1(1) 2Except as provided in subsection (2), in connection with the purchase and sale of real property, a person may not:
22(a) 23Transact business under any name or title that contains the word “escrow” or words of similar import; or
41(b)1. 42Use any name, word, sign, symbol, or device in any context or in any manner; or
582. 59Circulate or use any letterhead, billhead, circular, paper, or writing of any kind or otherwise advertise or represent in any manner
80that indicates or reasonably implies that the business being conducted or advertised is the kind or character of business transacted that is regulated by this state as an escrow agent.
110(2) 111This section does not apply to:
117(a) 118A financial institution as defined in s. 125655.005;
126(b) 127An attorney who is a member of The Florida Bar or his or her law firm;
143(c) 144A person who is licensed pursuant to chapter 475 or his or her brokerage firm; or
160(d) 161A title insurance agent who is licensed pursuant to s. 171626.8417, 172a title insurance agency that is licensed pursuant to s. 182626.8418, 183or a title insurer who is authorized to transact business in this state pursuant to s. 199624.401200.
201(3) 202Any person aggrieved by a violation of this section may bring an action in a court of competent jurisdiction to obtain a declaratory judgment that an act or practice violates this section.
234(4) 235In any action brought by a person who has suffered a loss as a result of a violation of this section, such person may recover actual damages, plus attorney’s fees and court costs.
268(5) 269Any person who willfully violates this section commits a misdemeanor of the first degree, punishable as provided in s. 288775.082289or s. 291775.083292.
