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Florida · §475.278Florida brokerage relationships: transaction broker, single agent and no dual agency

Florida licensees are presumed to act as transaction brokers – limited representation without fiduciary duties – unless a single agent or no-brokerage relationship is set up in writing (Fla. Stat. §475.278). A single agent owes loyalty, confidentiality, obedience and full disclosure and must give the Single Agent Notice before or when the listing or representation agreement is signed, or before showing property. Moving from single agent to transaction broker needs the principal's prior written consent on the statutory form, and dual agency is not permitted.

The three relationships

  1. Transaction broker (presumed)

    Honest and fair dealing, accounting for funds, skill, care and diligence, disclosing known material facts not readily observable, presenting offers, limited confidentiality – no fiduciary duty.

  2. Single agent

    Adds loyalty, confidentiality, obedience and full disclosure. The Single Agent Notice is given before or at the listing or representation agreement, or before showing, whichever is first.

  3. No brokerage relationship

    Honest dealing, disclosing known material facts, accounting for funds – disclosed in writing before showing property.

  4. No dual agency

    A licensee may not act as a disclosed or nondisclosed dual agent.

Changing the relationship

  • A single agent may become a transaction broker to assist both parties only with the principal's prior written consent on the “Consent to Transition to Transaction Broker” form.
  • The notices are printed at least as large as the rest of the document, with the first sentence in bold capitals.
  • Disclosure documents are kept by the broker in every transaction that results in a written contract (§475.5015).

What the TC tracks

  • Which relationship applies on each side of the deal.
  • Single Agent Notice signed before the showing or agreement.
  • Consent to transition signed before the firm assists both parties.
  • The notices kept in the file for the five-year retention period.

Questions about Florida brokerage relationships

Is dual agency legal in Florida?

No. Florida licensees may act as transaction brokers or single agents, but not as dual agents (§475.278(1)(a)).

What is a transaction broker in Florida?

A licensee giving limited representation to the buyer, the seller or both, without fiduciary duties; all licensees are presumed to be transaction brokers unless another relationship is put in writing.

When is the Florida Single Agent Notice required?

Before or when the listing or representation agreement is signed, or before showing property, whichever occurs first.

Can a single agent switch to transaction broker?

Yes, only with the principal's prior written consent on the statutory Consent to Transition to Transaction Broker form.

Related guides

Keep the Single Agent Notice and any transition consent with the deal in ClosingCode, with each signature tracked as a task.

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Source: Florida Statutes §§475.278 and 475.5015 (leg.state.fl.us, read October 25, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.