A Florida licensee working with a customer in a no brokerage relationship:
Question & Answer
Review the question and all answer choices
Owes fiduciary duties
Fiduciary duties β including loyalty, confidentiality, obedience, disclosure, and accounting β are exclusively owed in a single agency relationship under Florida law, not in a no brokerage relationship where no representation exists.
Must deal honestly and fairly
Can keep information confidential
Confidentiality is a duty associated with single agency or transaction brokerage relationships in Florida; in a no brokerage relationship, the licensee has no duty to keep the customer's information confidential, which is one reason savvy customers sometimes prefer full representation.
Represents the customer's interests
Representing the customer's interests is the hallmark of a single agency relationship, not a no brokerage relationship; in a no brokerage scenario, the licensee explicitly does not represent the customer and owes no advocacy duties whatsoever.
Why is this correct?
Under Florida Statute Β§ 475.278(5), a licensee operating in a no brokerage relationship owes the customer only three limited duties: dealing honestly and fairly, disclosing known facts that materially affect the value of residential property, and accounting for all funds entrusted to the licensee. Honest and fair dealing is the foundational and most prominent of these duties, making answer B the correct choice.
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