Unit 4: Authorized relationships, duties, and disclosure

Transaction broker duties

A transaction broker provides a limited form of representation to a buyer, a seller, or both. The transaction broker does not represent either party as a fiduciary or as a single agent (475.278(2); 475.01(1)(l)). This is the relationship Florida presumes when nothing else is set up in writing.

Because the representation is limited, a transaction broker can lawfully help both sides of the same deal. That is the key difference from a dual agent, which Florida bans.

The seven duties

Fla. Stat. 475.278(2) lists the duties, lettered (a) through (g):

Duty
(a) Dealing honestly and fairly
(b) Accounting for all funds
(c) Using skill, care, and diligence in the transaction
(d) Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer
(e) Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing
(f) Limited confidentiality, unless waived in writing by a party
(g) Any additional duties that are mutually agreed to with a party

What limited confidentiality protects

Unless a party waives it in writing, limited confidentiality keeps the licensee from disclosing:

  • that the seller will accept a price less than the asking or listed price;
  • that the buyer will pay a price greater than the price in a written offer;
  • the motivation of any party for selling or buying;
  • that a seller or buyer will agree to financing terms other than those offered;
  • any other information a party asks to keep confidential.

What is missing

Compare the list with the single agent duties in the next lesson. A transaction broker does not owe loyalty, obedience, or full disclosure. Those are fiduciary duties, and a transaction broker is not a fiduciary.

The duty to disclose known material facts about residential property that are not readily observable is on the list, though. A buyer does not need to ask about a hidden defect the licensee knows of.

Knowledge check

Part 1 of 2. Finish to earn XP.
Question 1 of 1
A transaction broker working with both parties learns the buyer would pay more than the written offer. Neither party has waived confidentiality. What may the licensee tell the seller?
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