In Florida, the default brokerage relationship when no disclosure is made is:
Question & Answer
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Single agent
Single agency is not the default in Florida; it must be affirmatively established through a written agreement and requires the broker to provide full fiduciary duties including loyalty, which is a higher standard than the transaction broker's limited representation.
Transaction broker
No brokerage relationship
A 'no brokerage relationship' status in Florida means the licensee represents neither party and owes only statutory duties of honesty and disclosure; this is not the default and must be specifically established and disclosed in writing.
Dual agent
Dual agency — where one agent represents both buyer and seller with full fiduciary duties to each — is actually prohibited in Florida under the transaction broker framework, making it impossible for dual agency to be the default relationship.
Why is this correct?
Florida Statute § 475.278 explicitly establishes transaction brokerage as the presumed default brokerage relationship when a licensee works with a buyer or seller without executing a written agreement specifying a different relationship. This means that unless a broker and client affirmatively agree in writing to a single agency or no brokerage relationship, the law presumes the licensee is acting as a transaction broker with limited representation duties. The transaction broker default was chosen to reflect the practical reality of how most Florida real estate transactions are conducted and to provide a legally clear starting point for all parties.
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