Transaction Broker vs Single Agent in Florida: What the Law Presumes and What You Must Be Told

Florida presumes that every real estate licensee is a transaction broker, a limited, non-fiduciary role, unless you and the licensee set up a single agent relationship in writing. That presumption, and the written notice that goes with a single agent, are what separate a buyer who knows what their agent owes them from one who assumes more than the law provides. The statute is Fla. Stat. 475.278, read October 29, 2026.

The relationships the statute allows

A licensee may work with a buyer or seller as a transaction broker or as a single agent. A licensee may not act as a disclosed or nondisclosed dual agent, which the statute defines as representing both the buyer and the seller as a fiduciary, and a customer is not required to enter into any brokerage relationship. A licensee can switch roles only with the required consent and disclosure. (475.278(1)(a))

Unless a single agent relationship or no brokerage relationship is established in writing, all licensees are presumed to be transaction brokers. (475.278(1)(b))

What a transaction broker owes you

A transaction broker provides limited representation to a buyer, a seller or both, and does not act as a fiduciary or single agent. The statute lists these duties (475.278(2)):

1. Dealing honestly and fairly.
2. Accounting for all funds.
3. Using skill, care and diligence in the transaction.
4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer.
5. Presenting all offers and counteroffers in a timely manner, unless a party has directed otherwise in writing.
6. Limited confidentiality, unless the party waives it in writing. This covers matters such as a seller's willingness to accept less than the asking price, a buyer's willingness to pay more than the offered price, and a party's motivation for buying or selling.
7. Any additional duties the parties mutually agree to.

What the single-agent notice says and when you get it

A single agent relationship has to be disclosed in writing, either as a separate document or inside another one. The notice is headed "SINGLE AGENT NOTICE" and begins "FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES." It must be given before, or at the time of, entering into a listing agreement or an agreement for representation, or before the showing of property, whichever happens first. (475.278(3)(b))

If an agent working as your single agent wants to change to transaction broker, the statute requires a separate consent headed "CONSENT TO TRANSITION TO TRANSACTION BROKER," which states that the change cannot occur without your prior written consent. (475.278(3)(b)2, (3)(c)2)

When the notice is not required

The disclosure requirements apply to residential sales, which means improved property of four units or fewer, unimproved property intended for four units or fewer, and agricultural property of 10 acres or fewer. (475.278(5)(a)) They do not apply, among other cases, when the licensee knows the party is already represented, at a bona fide open house or model home that does not involve eliciting confidential information, when answering general factual questions about advertised property, or in unanticipated casual conversations that involve no confidential information, offers or negotiation of price and terms. (475.278(5)(b))

What to do with this

Ask any agent, in writing, which relationship they will have with you before you tour homes or sign anything, and what the document says they owe you. If you want a single agent's full representation, ask for that relationship in writing and read the duties the notice lists; without it, the presumption gives you the transaction broker duties above. Representation agreements for buyers are a separate subject, covered in what a buyer's agent is in Florida and Florida realtor commission. Costs of the whole transaction are in the seller net sheet and buyer net sheet.

Source (statute text read October 29, 2026): Fla. Stat. 475.278 (authorized brokerage relationships; presumption of transaction broker; disclosure).

Ryan Solberg is the broker-owner of MaxLife Realty. This is general information about the statute, not legal advice; read the notice and agreement your agent gives you.