Transaction broker, single agent, or neither
In Florida, every Florida licensee is presumed to be a transaction broker unless single agency or no brokerage relationship is established in writing†. And a transaction broker provides limited representation and does NOT act in a fiduciary capacity†. Most buyers and sellers assume their agent is on their side in the way a lawyer would be. By default, they are not.
It is the legal default, applied automatically, and most agents are perfectly straight about it if asked. The problem is that almost nobody asks, because almost nobody knows there is a question. The word "my agent" does a lot of quiet work in people’s heads that the law does not support.
The three relationships Florida allows
| Relationship | What they owe you | How it arises |
|---|---|---|
| Transaction broker | Honesty, fair dealing, skill and care, accounting, disclosure of known material facts — and limited confidentiality | Automatically, unless something else is agreed in writing |
| Single agent | Full fiduciary duties: loyalty, confidentiality, obedience, full disclosure | Only by written agreement |
| No brokerage relationship | Honesty and disclosure of known material facts about the property | By written agreement |
The gap between the first two rows is where the money is. A single agent must put your interests above everyone else’s, including their own. A transaction broker must be honest and competent, which is a genuine standard — but it is not loyalty, and it does not oblige them to advocate for your position against the other side.
What "limited confidentiality" actually means
This is the practical difference most people care about, and it turns on a single conversation. A transaction broker must keep certain things confidential — notably that a seller will accept less than the asking price, or that a buyer will pay more than their offer. A single agent owes you full confidentiality on everything.
- Say less than you think. Your motivation, your deadline, your maximum, your divorce, your new job in another state — none of that helps you and some of it is not protected.
- Assume the other side may learn what you volunteer. Not through bad faith, but because the duty is narrower than you assumed.
- Ask directly which relationship you are in. It is a reasonable question and any competent agent will answer it plainly.
Florida abolished dual agency rather than managing it
dual agency — representing both parties as a fiduciary — is not an authorised relationship in Florida†. The reasoning is sound: nobody can owe undivided loyalty to two people negotiating against each other. Other states try to manage that conflict with disclosure forms. Florida removed it by creating a relationship that is honest to both sides and fiduciary to neither.
Transaction brokerage is not a trick — it is a coherent answer to a real problem, and it keeps deals workable where the same brokerage has both parties. What it is not is representation. Understanding that changes what you say out loud, not whether you should use an agent.
If you want single agency
- Ask for it in writing, before you start looking. It cannot arise by conversation or assumption.
- Understand it may be transitioned. If a single agent ends up with both sides of a deal, Florida permits a transition to transaction brokerage with your written consent — read that consent rather than signing it in a stack.
- Accept the constraint. A single agent representing you cannot show you a property their brokerage lists on the other side without that transition. That is the cost of loyalty, and it is a real one.
- Or use the default deliberately — plenty of people do, perfectly sensibly, once they know it is the default and adjust what they disclose.
What every relationship still guarantees
Even the weakest relationship is not nothing. A Florida licensee always owes you honesty and fair dealing, and must disclose known material facts affecting the value of residential property that are not readily observable. That obligation runs alongside the seller’s own disclosure duty, and it is enforceable against the licence.
Related
Common questions
Does my real estate agent represent me in Florida?
By default, no — not in a fiduciary sense. Every Florida licensee is presumed to be a transaction broker, which provides limited representation, unless single agency or no brokerage relationship is established in writing.
What is the difference between a transaction broker and a single agent?
A single agent owes full fiduciary duties — loyalty, confidentiality, obedience and full disclosure. A transaction broker owes honesty, fair dealing, skill and care, accounting, disclosure of known material facts, and only limited confidentiality.
Is dual agency legal in Florida?
No. Representing both parties as a fiduciary is not an authorised relationship. Florida uses transaction brokerage instead, which is honest to both sides and fiduciary to neither.
What does limited confidentiality mean?
A transaction broker must not reveal that a seller will accept less than asking, or that a buyer will pay more than offered. Beyond those specific protections, information you volunteer is not held in the way a single agent would hold it.
How do I get single agency in Florida?
Ask for it in writing before you begin. It cannot arise by assumption. Be aware it can be transitioned to transaction brokerage with your written consent if the same brokerage ends up on both sides.
Brokerage relationships are governed by Florida Statutes §475.278, which sets the presumption of transaction brokerage and the duties owed under each relationship. Your own written agreement controls which applies.