Real Estate Agent Fiduciary Duties in Florida
A Florida single agent owes comprehensive fiduciary duties to their client as established by Section 475.278, Florida Statutes. These duties represent the highest standard of care in real estate representation.
Statutory Duties
- Honesty and fair dealing
- Loyalty: Client's interests come first
- Confidentiality: Protect private information (survives the relationship)
- Obedience: Follow lawful client instructions
- Full disclosure: Reveal all known material facts
- Accountability: Proper handling of entrusted funds
- Skilled care: Competent, diligent service
Duration of Duties
- Begins: When the agency relationship is established in writing
- Continues: Through closing and post-closing obligations
- Confidentiality: Survives indefinitely after the relationship ends
Dual Representation in Florida
True dual agency is not permitted. Agents can act as transaction brokers (limited duties) for both parties, or a brokerage can assign designated sales associates to each side.
Related Terms
- Contract — Agency agreements and listing contracts
- Closing — Where agent duties are fulfilled
- Escrow — Agent accountability for deposits
Barnes Walker Real Estate
Barnes Walker's attorneys advise real estate professionals on agency duties and represent clients in fiduciary breach claims. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 475
Regulates the licensing, conduct, and commission structures of real estate brokers and sales associates in Florida.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC