Florida Brokerage Relationships 2026: Transaction Broker, Single Agent & No Brokerage Explained

Last updated: March 7, 2026.

Fast Answer: Florida's 3 Brokerage Relationships

Florida recognizes exactly three brokerage relationship types under F.S. 475.278. There is no fourth option -- dual agency is prohibited in Florida.

The single most important fact for the Florida real estate exam: Transaction broker is the DEFAULT relationship. A licensee operates as a transaction broker automatically unless a different relationship is established in writing.

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Transaction Broker: The Default Relationship

A transaction broker provides limited representation to a buyer, a seller, or both -- but does NOT owe full fiduciary duties to either party. This is the most common relationship type in Florida real estate because it applies automatically.

Transaction Broker Duties (F.S. 475.278(2))

A transaction broker owes the following duties to the customer:

1. Dealing honestly and fairly
2. Accounting for all funds entrusted to the broker
3. Using skill, care, and diligence in the transaction
4. Disclosing all known facts that materially affect the value of residential real property (not readily observable to the buyer)
5. Presenting all offers and counteroffers in a timely manner (unless directed otherwise in writing)
6. Limited confidentiality -- will not disclose the motivation of any party for selling/buying, that a party will agree to a price other than the listed/offered price, or the terms upon which a party will agree to a financing arrangement other than stated

What a Transaction Broker Does NOT Owe

• No loyalty -- unlike a single agent, a transaction broker does NOT owe loyalty to either party
• No obedience -- not obligated to follow a party's instructions that are unethical or illegal, but also not bound to advocate for one party's position
• No full disclosure -- confidentiality protections prevent sharing certain negotiation information

Why Transaction Broker Is the Default

Florida chose transaction broker as the default to reduce liability for licensees and to recognize the reality that most real estate transactions involve one brokerage firm working with both buyers and sellers. Since dual agency is prohibited, the transaction broker relationship allows a brokerage to facilitate both sides of a deal legally.

Key exam point: No disclosure form is required to operate as a transaction broker. The relationship exists automatically by operation of law.

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Single Agent: Full Fiduciary Relationship

A single agent represents either the buyer OR the seller -- never both in the same transaction. This is the highest level of representation in Florida real estate, carrying full fiduciary duties.

Single Agent Duties (F.S. 475.278(3))

A single agent owes ALL of the following fiduciary duties:

1. Dealing honestly and fairly
2. Loyalty -- the agent's interests are subordinate to the client's
3. Confidentiality -- protecting the client's information even after the relationship ends
4. Obedience -- following the client's lawful instructions
5. Full disclosure -- disclosing all known facts that materially affect the value of the property
6. Accounting for all funds entrusted to the agent
7. Skill, care, and diligence in carrying out responsibilities
8. Presenting all offers and counteroffers in a timely manner (unless directed otherwise in writing)
9. Disclosing all known facts that materially affect the value of residential real property (not readily observable to the buyer)

Memory Aid: The 9 Single Agent Duties

Use the mnemonic "OLD CAR + SDP" to remember the single agent duties:

• O -- Obedience
• L -- Loyalty
• D -- Disclosure (full)
• C -- Confidentiality
• A -- Accounting
• R -- Reasonable skill, care, and diligence
• S -- Skill, care, and diligence
• D -- Dealing honestly and fairly
• P -- Presenting all offers and counteroffers

Single Agent Disclosure Requirement

A written single agent disclosure must be given to the party being represented BEFORE or at the time of entering into a listing agreement or BEFORE showing property to a buyer.

The disclosure must:

• Be in writing
• List all 9 single agent duties
• Be signed by the party being represented
• Include the effective date

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No Brokerage Relationship

Under a no brokerage relationship, the licensee provides real estate services but does NOT represent the party in any capacity. The licensee essentially acts as a facilitator with minimal obligations.

No Brokerage Relationship Duties (F.S. 475.278(4))

The licensee owes ONLY:

1. Dealing honestly and fairly
2. Disclosing all known facts that materially affect the value of residential real property (not readily observable to the buyer)
3. Accounting for all funds entrusted to the licensee

When Is No Brokerage Used?

This relationship is uncommon but arises in specific situations:

• A buyer who already has a single agent wants to view a property listed by the same brokerage
• A party explicitly declines representation
• Commercial transactions where parties have their own legal counsel

No Brokerage Disclosure Requirement

A written disclosure must be provided BEFORE or at the time of entering into a listing agreement or BEFORE showing property. The disclosure must be signed by the party.

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Side-by-Side Comparison: All 3 Relationship Types

This table is the single most exam-tested comparison in the Florida real estate licensing course. Study it carefully.

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Dual Agency: Prohibited in Florida

Florida is a non-dual-agency state. Under F.S. 475.278(1)(b), no broker or licensee may operate as a disclosed or undisclosed dual agent.

What does this mean practically?

• A single agent for the seller CANNOT also be a single agent for the buyer in the same transaction
• If a brokerage has a single agent relationship with the seller and a buyer from the same brokerage wants to purchase that property, the relationship must transition to transaction broker or no brokerage
• This prohibition applies to the entire brokerage, not just individual agents

Common exam trap: A question describes an agent representing both the buyer and seller and asks what type of relationship this creates. The answer is ALWAYS that this is a violation -- dual agency is illegal in Florida, not a permissible relationship type.

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Transitioning Between Relationship Types

Florida allows licensees to transition from a single agent relationship to a transaction broker relationship, but there are strict rules:

Transition Rules (F.S. 475.278(3)(b))

1. The transition must be in writing
2. The party must give informed consent to the transition
3. The Consent to Transition to Transaction Broker form must be signed BEFORE the licensee changes roles
4. The form must explain how the duties will change -- specifically, that loyalty and full confidentiality will no longer apply
5. You can transition from single agent TO transaction broker, but you cannot transition FROM transaction broker TO single agent mid-transaction

When Does Transition Happen?

The most common scenario:

1. Licensee signs a single agent listing agreement with the seller
2. A buyer contacts the same brokerage wanting to buy that property
3. Since dual agency is prohibited, the seller's single agent relationship must transition to transaction broker
4. The seller signs the Consent to Transition form
5. Now the licensee (or another agent in the brokerage) can work with both parties as a transaction broker

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Disclosure Timing: When Each Form Must Be Given

Exam tip: The Florida Real Estate Commission (FREC) requires that disclosures be given at the earliest practicable time. "BEFORE or at the time of" is the statutory language, but earlier is always better.

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Common Exam Traps and How to Avoid Them

Trap 1: "What is the default relationship in Florida?"

Answer: Transaction broker. Not single agent, not no brokerage. If no written agreement establishes a different relationship, the licensee is automatically a transaction broker.

Trap 2: "Which relationship owes loyalty?"

Answer: ONLY single agent. Transaction brokers and no brokerage relationships do NOT owe loyalty. This is the key distinguishing duty.

Trap 3: "Can a Florida licensee represent both parties?"

Answer: As a transaction broker, yes -- limited representation of both parties. As a single agent, absolutely NOT. Dual agency (two single agent relationships for both parties) is prohibited.

Trap 4: "When must a transaction broker disclosure be given?"

Answer: Trick question -- no disclosure form is required for transaction broker because it is the default. Disclosures are only required for single agent, no brokerage, and transitions.

Trap 5: "Can you transition from transaction broker to single agent?"

Answer: No. You can only transition FROM single agent TO transaction broker, not the other way around. Once you are operating as a transaction broker in a transaction, you cannot upgrade to single agent.

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Exam Connection: What to Expect on the Florida Real Estate Exam

Brokerage relationships are one of the most heavily tested topics on the Florida state portion of the real estate sales associate and broker exams. Expect 5-8 questions on this topic alone. Focus areas include:

• Identifying which relationship type applies given a scenario
• Listing the duties owed under each relationship type
• Disclosure timing -- when each form must be delivered
• Dual agency prohibition -- recognizing violations
• Transition rules -- when and how transitions work
• Confidentiality differences -- what is protected under each type
• Default status -- knowing that transaction broker requires no disclosure

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Frequently Asked Questions