Does your Realtor really represent you?

Posted by admin December - 31 - 1969 - Wednesday

When hiring a Realtor in Florida it is important to decide how the Realtor will be working for you and what duties they do or do not owe you. I have provided a link at the bottom of this post that will take you directly to Chapter 475 of the Florida Statutes where you will be able to find all information related to having a Real Estate license in Florida. Following is the "nut shell" version of Brokerage and Non Brokerage relationships.

In Florida Dual Agency is illegal. The only exception is on a commercial deal where both Buyer and Seller have assets of over 1 million two sales associates from the same office can work as "designated sales associate". One for the Seller the other for the Buyer.

In a residential transaction a Realtor has three choices of how to work.

1. Single Agent-this is a fiduciary relationship. You can work for either Seller or Buyer but not both. Your duties include confidentiality and full disclosure.

2. Transaction Broker-this is a form of limited representation but does not create a fiduciary relationship. Limited confidentiality and limited liability. You can be a Transaction Broker for either Seller or Buyer or both. If working for both parties it cannot be to the detriment of either party. In Florida we are presumed to be "Transaction Brokers" unless single agent or no brokerage relationship is established with a customer in writing.

3. No Brokerage Relationship-no representation at all. Can be with either Seller or Buyer or both. No confidentiality.

And then we have this thing called "Transitioning to a Transaction Broker"

FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT

Click for Chapter 475 Florida Statutes.                 Click here for Realtors Code of Ethics

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About us

I am a licensed real estate Broker in the state of Florida. My opinions on real estate have been formed from my experiences and 15 years of working in the business. My opinions are in line with Florida Real Estate laws and the REALTOR(R) Code of Ethics. Your State’s laws may differ. So do your own homework before implementing any of my business practices into your business.