Florida brokerage relationships: transaction broker, single agent, no brokerage

Last reviewed: November 2026

Florida allows a real estate licensee to work with a buyer or seller in only three ways: as a transaction broker, as a single agent, or with no brokerage relationship. Dual agency is prohibited. Unless a single agent or no brokerage relationship is set up in writing, the law presumes the licensee is a transaction broker (s. 475.278(1)(b), F.S.).

These rules come from the Brokerage Relationship Disclosure Act, ss. 475.2701–475.2801, F.S. They are a core part of exam area IV (7% of the exam).

The three relationships side by side

A quick way to remember it: a transaction broker has 7 listed duties (the 7th is "any additional duties mutually agreed to"), a single agent has 9, and a licensee with no brokerage relationship has 3.

What is a transaction broker in Florida

A transaction broker "provides a limited form of representation" to a buyer, a seller, or both, but does not represent either one as a fiduciary or as a single agent (s. 475.278(2), F.S.). Duties:

1. Dealing honestly and fairly
2. Accounting for all funds
3. Using skill, care and diligence in the transaction
4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer
5. Presenting all offers and counteroffers in a timely manner, unless a party has directed otherwise in writing
6. Limited confidentiality, unless waived in writing by a party
7. Any additional duties mutually agreed to with a party

What limited confidentiality protects

Under s. 475.278(2)(f), a transaction broker may not disclose:

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

Because the representation is limited, the buyer or seller is not responsible for the acts of the licensee and gives up the right to the licensee's undivided loyalty (consent-to-transition text, s. 475.278(3)(c)2.).

Single agent duties

A single agent represents either the buyer or the seller, never both in the same transaction (s. 475.272(3), F.S.). The nine duties in s. 475.278(3)(a) are: dealing honestly and fairly; loyalty; confidentiality; obedience; full disclosure; accounting for all funds; skill, care and diligence; presenting all offers and counteroffers in a timely manner; and disclosing all known facts that materially affect the value of residential property and are not readily observable.

Single agent notice

The duties must be disclosed in writing before, or at the time of, entering into a listing or representation agreement, or before showing property, whichever comes first (s. 475.278(3)(b)1.). The first sentence of the notice must be in uppercase bold type.

Transition from single agent to transaction broker

A single agent can become a transaction broker at any time, but only after getting the principal's written consent first (s. 475.278(3)(b)2.). The statute prescribes the "Consent to Transition to Transaction Broker" text, which the principal initials or signs. This is how one brokerage can help both sides of a deal without breaking the ban on dual agency.

No brokerage relationship

A licensee who has no brokerage relationship with a buyer or seller still owes three duties: dealing honestly and fairly; disclosing known facts that materially affect the value of residential property and are not readily observable to the buyer; and accounting for all funds entrusted to the licensee (s. 475.278(4)(a)). The written notice must be given before the showing of property (s. 475.278(4)(b)).

Is dual agency legal in Florida?

No. The Act expressly revokes disclosed dual agency (s. 475.272(1)), and a licensee "may not operate as a disclosed or nondisclosed dual agent" (s. 475.278(1)(a)). A dual agent is defined as a broker who represents both the buyer and the seller as a fiduciary.

One narrow exception is the designated sales associate (s. 475.2755). In a transaction that is not a residential sale (as defined in s. 475.278(5)(a)), where the buyer and seller have assets of $1 million or more, the broker may, at the customers' request, designate different sales associates to act as single agents for each side. Both customers must sign disclosures.

When the disclosures are required

The brokerage relationships apply to all brokerage activity, but the written disclosure requirements apply only to residential sales (s. 475.274). A "residential sale" is the sale of:

• improved residential property of four units or fewer;
• unimproved residential property intended for four units or fewer; or
• agricultural property of 10 acres or fewer (s. 475.278(5)(a)).

No disclosure is required for, among others: nonresidential transactions; rentals and leases (unless there is an option to buy property with four or fewer units); bona fide open houses or model home showings without confidential information, offers or negotiations; casual conversations; answering general factual questions about advertised property; auctions; appraisals; and business sales other than four-or-fewer-unit residential property (s. 475.278(5)(b)2.). Disclosure is also not required when the licensee knows the customer already has a single agent or transaction broker (s. 475.278(5)(b)1.).

How the exam tests this

• "Which duty does a single agent owe that a transaction broker does not?" Think loyalty, obedience, full disclosure, full confidentiality.
• "What is presumed when nothing is in writing?" Transaction broker.
• "When must the no brokerage relationship notice be given?" Before showing property.
• "What is needed to switch from single agent to transaction broker?" The principal's written consent, before the change.

Test yourself

The free Florida practice test includes questions on all three relationships, each with the statute cited. For more area IV questions and full timed exams, see the paid question bank.

Real Estate Drill is an independent study tool, not legal advice. We are not affiliated with FREC, DBPR or Pearson VUE.