Legal & Tax Guide

Transaction Broker Florida vs Single Agent: Comparison

Florida law allows two types of representation, plus working with no brokerage relationship. We compare duties, confidentiality and paperwork, and show why a known hidden defect must be disclosed in every case.

19 minutes

November 12, 2026

Why choose your brokerage relationship before the first showing

Your relationship with a real estate professional in Florida determines whose interests they represent and what information they must protect. The two types of representation are the transaction broker Florida law recognizes and the single agent. You can also work without representation under a no brokerage relationship arrangement. Dual agency is prohibited in Florida.

Real estate professional meeting prospective buyers outside a South Florida house

Under Section 475.278, transaction broker is the default relationship. Single agent and no brokerage relationship arrangements must be established in writing. Before a showing or discussing your price limit, find out exactly what role the agent has in relation to you.

At BonaDomus, we offer assistance as a transaction broker and under no brokerage relationship arrangements. The right option depends on the representation and help the parties want. The relationship itself does not set the fee or replace an agreement specifying the work the broker will perform.

This guide was prepared on November 11, 2026, and covers residential real estate. Before a transaction, check the current law and whether its requirements apply to your property. Discuss disputed legal terms with a Florida attorney.

What each brokerage relationship means for you

A transaction broker provides limited representation to one or both parties. A single agent represents one party as a fiduciary, meaning a trusted representative who owes the client loyalty. No brokerage relationship means the broker does not represent a particular person. Honest dealing, accounting for funds, and disclosing known material facts about the home that are not readily observable are required in all three arrangements.

Real estate professional explaining brokerage relationship options to a buyer in a home
Criterion Transaction broker Single agent No brokerage relationship
Who the broker represents The buyer, seller, or both in a limited capacity One party as a fiduciary Does not represent the person covered by this arrangement
Undivided loyalty to the client No Yes No
Confidentiality Limited, unless waived in writing by the party Full, within the law No specific duty under §475.278
Following the client's lawful instructions No separate fiduciary duty of obedience Yes Not included in this relationship's listed duties
Full disclosure to the client No fiduciary duty of full disclosure Yes Not included in this relationship's listed duties
Skill, care, and diligence Explicitly required Explicitly required Not automatically included in this relationship's listed duties
Timely presentation of offers Required unless otherwise agreed in writing beforehand Required unless otherwise agreed in writing beforehand Not automatically included in this relationship's listed duties
Disclosure of known material facts about the home that are not readily observable Required Required Required
Accounting for funds received or entrusted Required Required Required
Honesty and fairness Required Required Required
Establishing the relationship Applies by default unless another relationship is established in writing Written establishment of the relationship and disclosure of duties Written establishment of nonrepresentation and the applicable notice

The table compares duties under Section 475.278, not the full scope of a professional's responsibilities. Additional services can be agreed on under any arrangement. Read the agreement to see what they include rather than assuming based on the relationship's name.

Accounting for funds does not mean the broker necessarily holds the buyer's deposit. The transaction documents specify who receives the deposit and how it is held. For example, a title company or attorney named in the contract may perform this role.

What is a transaction broker, and how do they help in Florida?

A transaction broker helps the buyer, seller, or both without acting as a fiduciary. They must deal honestly, use professional skill, present offers, and protect certain information about the parties. Neither party receives their undivided loyalty.

Guidance from Florida Realtors emphasizes that a transaction broker provides limited representation to the parties, not to "the transaction itself." Working with both parties does not make the broker a dual agent. They must not act to the detriment of one party for the benefit of the other.

Seven statutory duties

  1. Honesty and fairness. The broker must deal honestly and fairly with the parties.
  2. Accounting for funds. Funds received must be properly accounted for.
  3. Skill, care, and diligence. These are the terms used in the statute.
  4. Disclosure of material facts. The buyer must be told of known facts that materially affect the home's value and are not readily observable.
  5. Timely presentation of offers. This covers offers and counteroffers unless a party has given different written instructions beforehand.
  6. Limited confidentiality. This applies unless the party waives it in writing.
  7. Additional agreed duties. These are defined by agreement with the party.

The final item allows the parties to agree on additional help. For example, they can specify how inspections will be arranged and contract deadlines tracked. The title transaction broker does not automatically define the exact services provided.

What limited confidentiality protects

Limited confidentiality protects information that could weaken a party's negotiating position. Without the relevant written waiver, the broker does not disclose:

Homeowner having a private conversation with a real estate professional on a shaded patio
  • the seller's willingness to accept less than the asking or listed price;
  • the buyer's willingness to pay more than their written offer;
  • the buyer's or seller's motivation;
  • willingness to accept different financing terms;
  • other information the party has asked to keep confidential.

This protection does not allow a broker to conceal a known material defect in the home that is not readily observable to the buyer. The duty to disclose that fact applies separately.

Benefits and limits for both parties

This arrangement lets one broker help both parties while maintaining the statutory protection of their negotiating information. Its limitation is the same for buyer and seller: the broker does not act exclusively on either party's behalf.

At BonaDomus, this option is available to parties who want limited representation. According to Florida Realtors guidance, a licensed broker buying or selling their own property cannot act as a transaction broker in that transaction.

What no brokerage relationship means in Florida

No brokerage relationship means the agent does not represent you. Three duties remain under Section 475.278: honesty and fairness, disclosure of known material facts about the home that are not readily observable, and accounting for entrusted funds. Statutory limited confidentiality does not apply to this arrangement.

This status describes the relationship with a particular person. It does not, by itself, prove that the broker also represents no one on the other side of the transaction. Ask separately about the broker's role with each participant.

The law does not require a buyer or seller to enter into a representation relationship. Nonrepresentation must be established in writing. When the No Brokerage Relationship Notice requirement applies, the notice must be provided before showing the property.

Skill, care, and diligence and timely presentation of offers are not automatically included in this relationship's listed duties. However, contractual obligations and other applicable laws still apply. Nonrepresentation does not release a professional from all responsibility.

At BonaDomus, this work can be agreed on, for example, when the parties have already settled the main terms and want coordination help without representation. The agreement should list specific tasks and deadlines. The phrase non brokerage relationship generally refers to this option, but the statutory term is no brokerage relationship.

What is a single agent in real estate, and what duties do they owe?

A single agent represents one party as a fiduciary. Their fiduciary duties include loyalty to the client and protection of the client's confidential information. They must also follow the client's lawful instructions and fully disclose information relevant to the representation.

The law lists nine duties for a single agent:

  1. Honesty and fairness.
  2. Loyalty to the client.
  3. Confidentiality.
  4. Obedience to the client's lawful instructions.
  5. Full disclosure to the client.
  6. Accounting for funds.
  7. Skill, care, and diligence.
  8. Timely presentation of offers and counteroffers unless otherwise established in writing beforehand.
  9. Disclosure of known facts that materially affect the home's value and are not readily observable.

The number of items in the statute describes the set of duties, not the quality of a particular broker's services. Even a single agent's broad confidentiality duty does not override mandatory disclosure of a material hidden defect to the buyer.

The duties must be disclosed in writing before or when the representation agreement is signed, or before the property is shown, whichever happens first. A single agent cannot also become the other party's fiduciary representative in the same transaction. That would be prohibited dual agency.

This option is worth discussing if you want an agent exclusively on your side. Ask your chosen broker whether they offer single agency. Labels such as "buyer's agent" or "seller's agent" do not, by themselves, establish this status.

How brokerage relationship disclosure works in Florida

A relationship disclosure explains the agent's role. A service agreement defines the tasks and fees. These terms may appear in one document, but they serve different purposes and do not replace one another.

Which notices are required

  • Single agent. Duties are disclosed in a separate document or within the agreement. If the disclosure is part of the agreement, its font must be no smaller than the rest of the text.
  • No brokerage relationship. A written nonrepresentation notice is used. When the requirement applies, it must be provided before a showing.
  • Transaction broker. This is the default status. It does not override separate requirements for a buyer broker agreement, compensation, or applicable MLS rules. The MLS is the system brokers use to share listings.

The notice requirements under Section 475.278 have a defined scope. The statute's definition of residential sales includes properties with up to four residential units and land intended for such construction. Certain situations are exempt, so a missing notice cannot be assessed without considering the circumstances of the contact and the property type.

Services and fees are separate from relationship status

A real estate commission in Florida is not determined by the relationship's name. The agreement should specify the amount or method of calculating compensation and who pays it. It should also state when payment becomes due.

A separate promise of confidentiality under no brokerage relationship does not turn it into a transaction broker relationship. It creates a contractual obligation within the agreed scope. For brokers subject to the NAR Code of Ethics, Article 7 requires disclosure and consent when receiving compensation from more than one party.

Changing from single agent to transaction broker

Changing from single agent to transaction broker requires the client's prior written consent as the principal. The broker must disclose the new duties before changing the relationship. Simply announcing a change of status is not enough.

After the change, the single agent's undivided loyalty ends, and limited confidentiality replaces full confidentiality. Before signing the consent, find out how this will affect negotiations and the broker's ongoing work with both parties.

Why defects and price limits are treated differently

A fact known to the broker that materially affects the home's value and is not readily observable must be disclosed under all three relationships. Protection of a price limit depends on the arrangement. The law provides this protection for single agent and transaction broker relationships, but no brokerage relationship carries no such specific duty. The following situations are fictional examples for learning purposes.

Situation Transaction broker Single agent No brokerage relationship
A known hidden defect materially affects the value Must disclose it to the buyer Must disclose it to the buyer Must disclose it to the buyer
The seller will accept less, or the buyer will pay more Protects the information under limited confidentiality unless waived in writing Protects the client's information No specific confidentiality duty under §475.278. Separate agreements and other duties must be checked

Example 1: tile under a rug

An agent knows that the tile under a rug is damaged. If the damage materially affects the value and is not readily observable to the buyer, the agent must disclose it. This rule applies even if the seller asks the agent to remain silent.

Cracked ceramic floor tile revealed beneath the lifted edge of a rug

An AS IS sale does not eliminate the duty to disclose a known material hidden defect. However, not every cosmetic chip is legally material. The nature of the damage and its effect on value matter.

The duty to disclose what is known does not mean a duty to guess what is unknown. An agent does not replace an inspector or guarantee that every defect will be found.

Example 2: willingness to accept less or pay more

A seller tells the broker they will accept less than the asking price. Separately, a buyer says they are willing to pay more than their written offer. A transaction broker must protect this information unless the relevant party waives that protection in writing.

A single agent protects the client's information under the duties of confidentiality and loyalty. No brokerage relationship carries no specific duty of limited confidentiality. This does not mean the broker must disclose everything. Agreements and other applicable rules still need to be considered.

Before sharing your price limit, ask what obligation requires the broker to keep it confidential. That question is more useful than assuming every conversation with an agent is automatically confidential.

Single agent vs transaction broker: what does your transaction need?

Finding a buyer or seller yourself does not determine your relationship with a real estate professional. The decision depends on the representation and amount of help you need. It is also important to establish who will negotiate and what information must remain confidential.

  1. Decide whose representation you need. Limited assistance to both parties fits a transaction broker relationship. Fiduciary representation of you alone requires a single agent.
  2. Identify the information you want to protect. Price limits and motivation fall within a transaction broker's limited confidentiality. Under no brokerage relationship, separate confidentiality terms need to be discussed in advance.
  3. List the remaining tasks. Examples include negotiating terms, arranging inspections, and tracking deadlines. Record who is responsible for each task.
  4. Check the basis for each duty. Under no brokerage relationship, you cannot assume that the entire list of transaction broker duties is automatically included.
  5. Agree on payment. Specify compensation and the conditions for payment regardless of the relationship chosen.

If the parties want limited representation and professional assistance for both sides, a transaction broker relationship is worth discussing. If representation is not needed, specific services can be agreed on under no brokerage relationship. For a fiduciary acting exclusively on your behalf, choose a broker who offers single agency.

Before contacting BonaDomus, have the property address and a description of the terms already agreed on ready. Note whether a contract has been signed and which questions remain open. This helps us discuss one of the two arrangements we offer and the assistance you need.

Which property disclosures are needed regardless of brokerage relationship

A broker's relationship status does not replace property disclosures. Distinguish between known material facts that are not readily observable, specific notices related to the property's characteristics, and brokerage relationship documents. Not every notice is required in every transaction, and the agent is not always the person responsible for providing it.

Blank property documents, a folder, pen and generic checklist arranged on a table

When buying real estate in Miami, Miami-Dade, or Broward, the review starts with the specific property. Its legal classification, year of construction, and membership in an owners' association matter. The neighborhood name alone does not determine which documents are needed.

What is disclosed When it applies Who provides it When it is provided Why it matters to the parties
Known material facts that are not readily observable When a fact materially affects the home's value and is not readily observable to the buyer The seller and a licensed professional who knows the fact, within their respective duties Before the buyer makes a decision affected by the fact The buyer needs information about the property's condition. The seller needs to meet the disclosure duty
HOA disclosure summary: information about the homeowners' association, assessments, and restrictions Properties subject to Chapter 720. This process does not apply to condominiums The developer or owner in a resale Before the contract is signed The buyer learns about HOA obligations. The seller meets the timely disclosure requirement
Condominium documents: association documents, financial information, and applicable reports Sale of a condominium unit. Different rules apply to developer sales and resales The developer or seller, obtaining the necessary materials from the association Within the deadlines under §718.503 for the relevant type of sale. Receipt of documents affects the cancellation period The buyer evaluates obligations and the building's condition. The seller accounts for the buyer's cancellation rights
Flood disclosure: information about flooding, insurance claims, and assistance Residential property sales under §689.302 The seller No later than contract signing The buyer receives risk information and checks insurance coverage. The seller discloses the required history
Radon notice Sale of a building in cases covered by §404.056 The notice is included in one of the transaction documents provided to the buyer Before or at contract signing The buyer learns about radon gas risk. The parties meet a notice requirement, rather than confirm a test result
Lead-based paint disclosure: known information, reports, and the required pamphlet Most housing built before 1978, subject to specified exemptions The seller. An agent involved in the transaction has duties to ensure compliance Before the buyer becomes contractually obligated to purchase. The opportunity to inspect is governed separately The buyer receives risk information. The seller documents the required disclosures
Energy rating notice: the option to obtain an energy-efficiency rating Sale of property with a building covered by §553.996 The buyer receives the prescribed information brochure. Responsibility for delivery is assigned when preparing the documents Before or at contract signing The buyer learns about the option to assess energy efficiency. The notice itself does not make a rating mandatory

A condominium may require a milestone inspection, a statutory building inspection, and a structural integrity reserve study, or SIRS. Whether these apply depends on the building and legal requirements. Check the purchase cancellation period against the current Section 718.503 and the type of sale rather than automatically using outdated deadlines from an old template.

A flood disclosure does not replace an insurance review. Standard homeowners insurance generally does not cover flood damage. A radon notice likewise does not prove elevated gas levels or, by itself, require testing in every transaction.

Asbestos is regulated differently from lead-based paint. According to EPA guidance, there is no general federal requirement for sellers to disclose asbestos or vermiculite. This does not override applicable state requirements or the duty to disclose known material facts that are not readily observable.

Other known problems are assessed under this same standard:

  • asbestos and mold;
  • leaks and termite damage;
  • work done without required permits;
  • sewer system problems.

Check separately whether additional notices apply to the particular property. The table is not a universal, exhaustive list. Reviewing documents reduces the risk of surprises but does not guarantee a problem-free property or replace an inspection.

A short glossary for reading contracts

These terms help distinguish representation from individual transaction tasks. It is especially important not to confuse disclosure of a broker's duties with disclosure of property information.

  • Brokerage relationship. A representation relationship between a licensed broker and a buyer or seller. No brokerage relationship means there is no such representation.
  • Disclosure. Providing information or explaining duties. When the law requires written notice, a verbal explanation is not enough.
  • Escrow. Holding a deposit with the holder named in the contract until the conditions for its release or return are met. The holder is not necessarily the broker.
  • Closing. Completing the transaction through document execution, settlement of funds, and transfer of ownership.
  • Material defect. A significant defect affecting the property's value. The disclosure duty can also cover other material facts, not just physical damage.
  • Limited confidentiality. A transaction broker's duty to protect certain information about price, motivation, and financing, as well as information a party has asked to keep confidential.

Contact BonaDomus with a description of the property and your transaction stage. We will discuss the appropriate working relationship, services, and fees.

What to confirm before working with a real estate professional

Choose the relationship based on the representation you need, and define the scope of assistance in an agreement. A transaction broker provides limited representation, a single agent acts as one party's fiduciary, and no brokerage relationship means no representation. Transaction broker is the default unless another relationship is established in writing.

Before sharing confidential information, check the broker's relationship with you and the other party. Before signing an agreement, check the services and fees. Known material facts about the home that are not readily observable must be disclosed under every arrangement, and a change of relationship requires consent and proper documentation.

What brokerage relationship applies by default in Florida?

Under section 475.278 of Florida law, the default relationship is transaction broker. A single agent relationship or a no brokerage relationship must be set up in writing. Before a showing or any talk about your price limit, ask the real estate professional in what capacity they are working with you.

Is a transaction broker the same as a dual agent?

No. Dual agency, where one professional acts as a fiduciary for both sides, is prohibited in Florida. A transaction broker can assist the buyer, the seller or both, but only in a limited form and without undivided loyalty to either party. They must not act against one side to benefit the other.

What can't a transaction broker tell the other party?

Unless a party has waived it in writing, the broker does not disclose that the seller will accept less, that the buyer will pay more than the written offer, either party's motivation, or willingness to accept other financing terms. Information a party asked to keep confidential is also protected. This limited confidentiality never allows hiding a known material defect in the home.

Will a real estate professional keep my price limit private under a no brokerage relationship?

This format does not include statutory limited confidentiality. That does not mean the professional must disclose everything, because agreements and other applicable rules still apply. If confidentiality matters to you, discuss it before sharing your price and put it in writing. Such a promise creates a contractual obligation but does not turn the relationship into transaction broker.

Must a real estate agent disclose a hidden defect if the seller asks them not to or sells AS IS?

Yes. A known hidden fact that materially affects the home's value must be disclosed under all three formats, and neither the seller's request nor an AS IS clause removes that duty. Not every cosmetic chip is legally material, though. The agent is not required to guess about unknown problems and does not replace a home inspector.

Does the brokerage relationship determine the agent's commission in Florida?

No, the relationship name does not set the price of services. The amount or method of calculating the fee, who pays it and when payment becomes due are set out in the agreement. The same agreement should list the specific tasks, such as arranging an inspection and tracking deadlines.

How can a single agent change to a transaction broker?

The client must give prior written consent, and the broker must disclose the new duties before the change. Simply announcing the change is not enough. After the switch, undivided loyalty ends and full confidentiality is replaced by limited confidentiality.

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