Florida Transaction Broker 2026: What It Is, What Your Agent Owes You, and When to Ask for More

By Emanuel Greco, Licensed FL Real Estate Professional · Updated July 2026

In most states, a real estate agent is your fiduciary — legally obligated to put your interests first above all else. In Florida, the default is different. Under F.S. § 475.278, Florida's presumed real estate relationship is the transaction broker — a limited form of representation that does not create a fiduciary duty. Most Florida buyers and sellers work with transaction brokers without ever knowing it, which affects what their agent is and isn't legally required to do on their behalf.

Florida's Three Brokerage Relationship Types

What a Transaction Broker Must Do (FL Statute § 475.278(2))

Even though a transaction broker is not a fiduciary, FL law requires them to:

• Deal honestly and fairly with all parties
• Account for all funds received
• Use skill, care, and diligence in the transaction
• Disclose all known facts that materially affect the value of residential real property and are not readily observable to the buyer
• Present all offers and counteroffers in a timely manner
• Exercise limited confidentiality: will not reveal that the seller will accept less than the asking price, or that the buyer will pay more, unless instructed otherwise
• Perform any additional duties that are mutually agreed upon

What a Transaction Broker Does NOT Have to Do

• No duty of loyalty: A transaction broker can represent both the buyer and seller in the same transaction (this is essentially the point of the TB relationship) — they aren't obligated to exclusively advance your interests
• No duty to put your interests first: If there's a conflict between what's good for you and what completes the transaction, a TB doesn't have a legal obligation to resolve it in your favor
• No confidentiality beyond the statutory minimum: A transaction broker isn't bound by the same confidentiality obligations as a fiduciary agent — your motivation, timeline, and flexibility can potentially be shared with the other party in ways a fiduciary agent couldn't

Single Agent in Florida — When You Want Full Fiduciary Protection

You can request single agent representation in Florida — it must be in writing (the Single Agent Disclosure form). Under single agency, your agent owes you:

• Loyalty: Your interests come first — above the agent's own interests and above the other party's interests
• Confidentiality: Information you share stays confidential unless you authorize disclosure
• Full disclosure: Everything the agent knows that affects your decision must be shared
• Obedience: Agent follows your lawful instructions even if they disagree
• Reasonable care and diligence: Active advocacy, not just facilitation
• Accounting: All funds properly managed

Trade-off: if you're using a single agent and the same brokerage represents the seller, the agent can't continue in single agent capacity — they must transition to transaction broker (with your written consent) or one party finds a different agent.

Required Disclosures in Florida

FL agents must provide a written disclosure of their brokerage relationship type before entering a relationship — typically at the first substantive contact (not at open houses). If you're signing a buyer's representation agreement or listing agreement and no one has explained the relationship type, ask. Look for:

• The Florida Realtors "Consent to Transition to Transaction Broker" form — if you started as single agent and are being transitioned
• The "Transaction Broker Notice" form — acknowledging the TB relationship
• The "Single Agent Notice" form — if requesting full fiduciary representation