We found no Florida rule against a real-estate agent acting as the mortgage loan originator on the same purchase. Chapter 494, the mortgage licensing law, and section 475.25, the real-estate discipline statute, contain no prohibition on the dual role.
What Florida requires
- Hold an active Florida loan originator license sponsored by a licensed mortgage broker or lender, alongside the real-estate license.
- Disclose both roles and both forms of compensation to the buyer in writing.
What the rule says
A person who performs only real estate brokerage activities and is licensed or registered in this state under part I of chapter 475, unless the person is compensated by a lender, a mortgage broker, or other loan originator or by an agent of such lender, mortgage broker, or other loan originator.
Fla. Stat. § 475.25(1): Florida real estate license law, grounds for discipline. The grounds for discipline of a Florida real-estate licensee, read in full on October 15, 2026. No ground concerns acting as the loan originator on the same transaction.
What we have not settled
The Real Estate Commission rules at 61J2 and the Office of Financial Regulation rules at 69V-40 have not been read in full.
What applies in every state
- Both licenses must be active. The mortgage side is an individual MLO license, sponsored by a licensed mortgage company, with the SAFE test, 20 hours of education and a background check behind it.
- Federal law sits above the state rule. RESPA Section 8 bars pay for a referral, and Regulation Z sets what a loan originator may be paid for. Compensation on the mortgage side is for origination work performed. The RESPA and referral-fee explainer walks through it.
- The lender on the loan has its own rule. FHA permits the dual role since 2022. Conventional lenders decide file by file in writing.
- The buyer keeps the right to choose any lender, and the disclosure says so.
Ike in Florida
Coming soon. Licensing is underway in Florida. Availability is subject to required approvals, and launch timing varies by state.