Unit 4: Authorized relationships, duties, and disclosure

The relationships Florida allows

Florida's rules on brokerage relationships sit in a group of statutes called the Brokerage Relationship Disclosure Act (Fla. Stat. 475.2701 to 475.2801). The Legislature's stated purpose, in 475.272, was to end confusion for customers: it did away with disclosed dual agency, set disclosure requirements, and defined the two kinds of representation a licensee may offer.

The two authorized relationships

Under 475.278(1)(a), a licensee may enter into a brokerage relationship with a potential buyer or seller as either a transaction broker or a single agent.

Relationship Who is represented Fiduciary?
Single agent The buyer or the seller, never both in the same transaction Yes
Transaction broker The buyer, the seller, or both, in a limited way No

A licensee may also work with someone and have no brokerage relationship at all. That is not a form of representation, but the licensee still owes that person a short list of duties, covered later in this unit.

Dual agency is banned

A dual agent is a broker who represents both the prospective buyer and the prospective seller as a fiduciary. Florida law says plainly that a licensee may not operate as a disclosed or nondisclosed dual agent. Getting both parties' consent does not make it legal. If a licensee needs to help both sides of a deal, the lawful route is to act as a transaction broker.

The presumption

Under 475.278(1)(b), every licensee is presumed to be a transaction broker unless a single agent relationship or no brokerage relationship is established in writing with the customer. So if nothing is in writing, the law treats the licensee as a transaction broker.

Words the exam uses

  • Customer: a member of the public who is or may be a buyer or seller, whether or not represented (475.01(1)(d)).
  • Principal: the party with whom a licensee has a single agent relationship (475.01(1)(h)). Only single agents have principals.

Changing relationships, and choosing none

A licensee may change from one relationship to another if the buyer or seller consents before the change and the required disclosure is made (475.278(1)(a)). The law also does not require a customer to enter into a brokerage relationship with any licensee.

Knowledge check

Part 1 of 2. Finish to earn XP.
Question 1 of 1
A buyer and a sales associate never sign anything about their relationship. What relationship does Florida law presume?
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