Florida Rulebook · 475.278, Florida Statutes · 475.01(1)(k)-(l), Florida Statutes
What kinds of relationships can a Florida agent have with you?
The law allows three setups: a transaction broker, a single agent, or no brokerage relationship. If nothing else is agreed in writing, the law presumes the agent is a transaction broker. Dual agency, where one broker fully represents both sides, is not allowed.
What the law says
- A licensee may work with buyers and sellers as either a transaction broker or a single agent, and may not act as a disclosed or nondisclosed dual agent (475.278(1)(a)).
- All licensees are presumed to be transaction brokers unless a single agent or no brokerage relationship is set up in writing (475.278(1)(b)).
- A transaction broker gives limited representation to a buyer, a seller, or both. Duties include dealing honestly and fairly, accounting for all funds, skill, care, and diligence, disclosing known facts that materially affect the value of residential property and are not readily observable, presenting offers on time, and limited confidentiality (475.278(2)).
- Limited confidentiality keeps private things like a seller taking less than the asking price, a buyer paying more than the written offer, and either party's reasons for buying or selling (475.278(2)(f)).
- A single agent has nine duties, including loyalty, confidentiality, obedience, and full disclosure (475.278(3)(a)).
- With no brokerage relationship, the licensee still owes honest and fair dealing, disclosure of known facts that materially affect the value of residential property and are not readily observable to the buyer, and accounting for funds (475.278(4)(a)).
- The law does not require a customer to enter into a brokerage relationship with any licensee (475.278(1)(a)).
“It shall be presumed that all licensees are operating as transaction brokers unless a single agent or no brokerage relationship is established, in writing, with a customer.”
475.278, Florida Statutes
Who this is for
Buying · Selling · For agents
Last checked against the official text on November 5, 2026. Laws change, and the official text always wins. This is general information, not legal advice. For your own situation, ask a Florida real estate attorney.