Agency Disclosure in Florida Real Estate
Agency disclosure is the mandatory process by which Florida real estate licensees inform consumers about whom they represent and the nature of the representation. Florida Statute Section 475.278 establishes the framework for agency relationships and disclosure requirements.
Florida's Three Agency Models
Florida recognizes three agency relationships. Single agent representation provides full fiduciary duties: loyalty, confidentiality, obedience, full disclosure, and accounting. Transaction broker representation provides limited duties: honesty, good faith, disclosure of material facts, and competent service, but not full loyalty or confidentiality. No brokerage relationship means the licensee provides factual information but does not represent the party.
Disclosure Timing and Form
The disclosure must be made in writing before the licensee provides any substantive service. The Florida Real Estate Commission provides standardized disclosure forms. Both parties must sign acknowledging the disclosure. Transitioning from single agent to transaction broker requires additional written consent. Failure to comply exposes the licensee to FREC discipline and potential civil liability for breach of fiduciary duty.
Related Terms
Barnes Walker Real Estate
Barnes Walker advises on real estate brokerage relationships and disclosure compliance in Florida. Contact our real estate team for guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC