In short: In Florida, an agent is presumed to be a transaction broker, with limited duties and no duty of loyalty, unless you sign a single-agent agreement. Dual agency is prohibited. Since the 2024 NAR settlement, buyers working with an agent sign a written agreement that states compensation, and commissions are negotiable.
Most buyers never ask who their agent actually represents. In Florida, the answer is set by statute.
Three Possible Relationships
Under § 475.278, a licensee can work with you as:
- Transaction broker: the presumed relationship. The broker deals honestly and fairly, accounts for funds, uses skill and care, discloses known facts that materially affect value, and keeps certain information confidential, but owes no duty of loyalty and doesn’t advocate for you against the other side.
- Single agent: a fiduciary. Duties include loyalty, confidentiality, obedience, full disclosure, accounting, and skill, care, and diligence.
- No brokerage relationship: limited duties of honesty and disclosure.
Dual Agency Is Prohibited
Florida doesn’t allow a licensee to act as a dual agent for both buyer and seller. A single agent may transition to transaction broker with the principal’s written consent, which is how one brokerage can serve both sides. That consent document is worth reading.
The NAR Settlement
Under the National Association of Realtors settlement, effective August 17, 2024, buyers working with an MLS participant must sign a written agreement before touring a home. The agreement must state the compensation, and offers of buyer-agent compensation can’t be posted on the MLS. Commissions were always negotiable; now the number is in writing up front.
Choosing an Agent
- Ask what relationship you will have, in writing.
- Ask how the agent is paid and whether the seller is contributing.
- Ask about the protection period: if you buy a home the agent showed you after the agreement ends, you may still owe a fee.
- Check the license on the DBPR website.
When Commissions Become Lawsuits
Protection periods, listing agreements, and lapsed licenses generate a steady stream of litigation, as the arguments below show.
Watch: the videos behind this article
Buyer's Agent Fees in Florida Explained | Florida Real Estate Attorney Matthew Weidner
What Is Dual Agency in Real Estate? Is It a Problem? | Florida Real Estate Attorney Explains
What Is a Real Estate Agent's Role in a Home Sale? | Florida Real Estate Attorney Explains
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate arguments over broker commissions, protection periods, and broker duties under Chapter 475, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Broker Had a Buyer Ready in the Protection Period — Seller Paid Another Agent Instead
Can a Real Estate Contract Waive the Broker's Statutory Duties? | Smith v. Rodriguez | 17-3194
25 Acres in Wynwood and Four Parcels Flipped to the Broker's Own Colleague — § 475.278
Frequently Asked Questions
Is dual agency legal in Florida?
No. Florida prohibits dual agency. A single agent may transition to transaction broker with the principal’s written consent.
What is a transaction broker in Florida?
The presumed relationship under § 475.278: limited duties of honesty, care, and disclosure, but no duty of loyalty.
Do buyers have to sign an agreement with their agent now?
Yes. Since the August 2024 NAR settlement, buyers working with an MLS participant sign a written agreement stating compensation before touring.
Are real estate commissions negotiable in Florida?
Yes. Commissions are negotiable and must be stated in the written agreement.
Talk to a Florida real estate lawyer
Weidner Law, P.A. handles Florida real estate transactions and disputes from St. Petersburg. If you need a real estate lawyer in St. Petersburg, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida rule and statute is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
