Which brokerage relationship is presumed in Florida unless otherwise disclosed?
Audio Lesson
Duration: 2:43
Question & Answer
Review the question and all answer choices
Single agent
Single agent is not the default in Florida. It requires a specific written agreement and disclosure to establish this relationship with its higher fiduciary duties.
Transaction broker
No brokerage relationship
No brokerage relationship is incorrect because Florida law presumes some level of brokerage relationship exists when real estate services are provided.
Dual agent
Dual agent requires written consent from all parties and cannot be presumed by default. It's an exception to the standard transaction broker relationship.
Why is this correct?
In Florida, transaction broker is the default presumed relationship by statute unless another relationship is established and disclosed. This means that without explicit agreement otherwise, all parties are automatically considered transaction brokers with limited duties.
Deep Analysis
AI-powered in-depth explanation of this concept
This question tests understanding of Florida's default brokerage relationship, a critical concept for real estate practice. In Florida, the presumption of a transaction broker relationship significantly impacts agent duties and consumer protection. The question examines knowledge of statutory defaults, which is fundamental because it establishes the baseline legal relationship when no explicit agreement exists. To answer correctly, one must recognize that Florida law specifically designates transaction brokerage as the default status unless another relationship is established and properly disclosed. This differs from many other states where single agency might be presumed. The challenge lies in knowing Florida-specific statutory requirements versus general agency principles. Understanding this default relationship affects how agents interact with clients, handle confidential information, and navigate potential conflicts of interest throughout a transaction.
Knowledge Background
Essential context and foundational knowledge
Florida's agency relationships are defined in Chapter 475 of the Florida Statutes. The transaction broker relationship was established to provide limited representation while facilitating transactions. This default approach balances consumer protection with market efficiency. Transaction brokers owe limited duties including accounting, confidentiality, obedience, disclosure, and reasonable care. Unlike single agents, they don't owe fiduciary duties of loyalty and full disclosure. This default presumption ensures consumers understand their agent's role from the outset, promoting transparency in real estate transactions.
Think of transaction broker as Florida's 'standard package' - it comes automatically unless you specifically 'upgrade' to single agent with written agreement.
When encountering Florida agency questions, remember that transaction broker is the default 'standard package' relationship that comes with the service.
For Florida agency questions, remember 'transaction broker is default' unless another relationship is established and disclosed. This statutory presumption is unique to Florida.
Real World Application
How this concept applies in actual real estate practice
A buyer contacts a real estate agent about viewing homes. The agent shows properties without discussing agency relationships. Under Florida law, the agent is automatically a transaction broker. Later, when the buyer wants to make an offer, the agent must disclose their transaction broker status and limited duties. The buyer might mistakenly believe the agent is working solely for them, but legally, the agent is facilitating the transaction with limited representation for all parties unless a different relationship is established and disclosed.
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