Which brokerage relationship is presumed in Florida unless otherwise disclosed?
Question & Answer
Review the question and all answer choices
Single agent
Single agency is not the default in Florida β it must be affirmatively established through a written Single Agent Notice and requires the customer's informed consent, making it an opt-in relationship rather than the presumed one.
Transaction broker
No brokerage relationship
A 'no brokerage relationship' (also called a non-representation relationship) must also be affirmatively established in writing under Florida Statute Β§475.278(1)(c); it does not arise by default and is the least common of the three recognized Florida brokerage relationships.
Dual agent
Dual agency is not a recognized brokerage relationship in Florida β the state's licensing law does not use the term 'dual agent' and instead uses 'transaction broker' to describe the limited representation of both parties, making 'dual agent' a legally inapplicable label in Florida.
Why is this correct?
Florida Statute Β§475.278(1)(b) explicitly states that 'it shall be presumed that all licensees are operating as transaction brokers unless a single agent or no brokerage relationship is established, in writing, with a customer.' This statutory presumption means that without a written agreement establishing a different relationship, every Florida licensee is legally presumed to be a transaction broker, making answer B the only legally accurate choice.
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