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 associated with a single agent relationship, not a no brokerage relationship — in a no brokerage context, the licensee explicitly does not represent or advocate for the party's interests.
Deal honestly and fairly
Provide confidentiality
Providing confidentiality is a duty owed in both single agent and transaction broker relationships but is not a duty in a no brokerage relationship — the licensee has no obligation to keep the party's information confidential beyond general honest dealing.
Negotiate on behalf of the party
Negotiating on behalf of the party is a representation function that belongs to agency relationships; a licensee in a no brokerage relationship does not negotiate for the party and acts only as a facilitator providing ministerial services.
Why is this correct?
Under Florida Statute §475.278(3), the sole duty owed by a licensee operating under a no brokerage relationship is to deal honestly and fairly with the party. This is explicitly stated in the statute as the minimum, non-waivable obligation, and it applies even when the licensee owes no fiduciary duties, no duty to negotiate, and no duty of confidentiality beyond the basic honest dealing standard.
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