Transaction Broker, Single Agent or No Brokerage Relationship: Florida's Rules

Published October 10, 2026 · Recalde & Friedman, PLLC · For real estate agents

Three relationships, and no dual agency

Under § 475.278(1)(a), Fla. Stat., a Florida licensee may work with buyers and sellers as a transaction broker or a single agent, or with no brokerage relationship. A licensee "may not operate as a disclosed or nondisclosed dual agent," meaning a broker who represents both buyer and seller as a fiduciary. Licensees are presumed to be transaction brokers unless a single agent or no brokerage relationship is established in writing.

Moving from single agent to transaction broker

A single agent may become a transaction broker only after getting the principal's written consent on the statutory "Consent to Transition to Transaction Broker" disclosure (§ 475.278(3)(b)2. and (3)(c)2.). This is what happens on an in-house sale where the brokerage has the listing and also brings the buyer. Many listing and buyer agreements include the consent up front, and Florida Realtors publishes "consent to transition" versions of its forms.

When the disclosures apply

The disclosure rules apply to residential sales: improved residential property of four units or fewer, unimproved residential property intended for four units or fewer, and agricultural property of 10 acres or less (§ 475.278(5)(a)). They don't apply to nonresidential deals, most rentals, a bona fide open house with no negotiation, casual conversations, auctions and some other situations listed in the statute.

For nonresidential deals where the buyer and seller each have assets of $1 million or more, a broker may, at the customers' request, designate different sales associates to act as single agents for each side (§ 475.2755). Both customers must sign the required disclosures.

How the 2024 practice changes fit

• A written buyer agreement is required before touring, whatever the Florida relationship type. NAR's FAQs confirm it applies to transaction brokers, including one facilitating for both the seller and the buyer.
• Pre-closing forms about broker representation, such as relationship disclosures, must include, or come with, the statement that commissions are not set by law and are fully negotiable.
• The practice changes don't override Florida's disclosure requirements. You still give the statutory notices.

Why it matters at closing

The relationship affects what each licensee could share during negotiation, and it shapes complaints after closing. Keep the signed disclosures in the file. If questions about who represented whom come up at closing, the title company will look to the parties and their brokers to answer them, not try to decide them itself.

Note: Recalde & Friedman, PLLC is a law firm. When we review a contract, we confirm in writing who we represent in the transaction.

Frequently asked questions