A Florida licensee in a no brokerage relationship must:
Question & Answer
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Represent the party's best interests
Representing a party's best interests is a fiduciary duty that only arises in formal agency relationships. Without a brokerage relationship, a licensee cannot owe this duty to any party.
Deal honestly and fairly
Provide confidentiality
Providing confidentiality is a fiduciary duty that only applies in formal agency relationships. In a no brokerage relationship, a licensee has no duty of confidentiality to any party.
Negotiate on behalf of the party
Negotiating on behalf of a party requires an agency relationship. Without such a relationship, a licensee cannot legally negotiate terms or advocate for a specific party's interests.
Why is this correct?
Dealing honestly and fairly is a universal duty that applies to all Florida licensees regardless of whether they have a brokerage relationship. This duty is mandated by Florida Statutes and represents the baseline standard of conduct that licensees must follow with all parties.
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