Transaction Broker vs Single Agent in Florida: What It Means When You Sell
Short answer: Florida law presumes that every real estate licensee is acting as a transaction broker unless a single agent relationship or no brokerage relationship is put in writing. A transaction broker owes you honesty, care, accounting, disclosure of known material defects, timely presentation of offers and limited confidentiality — but not undivided loyalty. That single sentence decides how much of your negotiating position stays private.
Florida allows three relationships, and only three
Section 475.278 of the Florida Statutes sets out what a licensee may be to you. Dual agency — one broker representing both sides as a fiduciary — is expressly not allowed in Florida.
| Relationship | What it means | Duties owed to you |
|---|---|---|
| Transaction broker (the default) |
Limited representation. The licensee can assist both sides but will not work for one to the detriment of the other. | Honesty and fairness; accounting for all funds; skill, care and diligence; disclosing known facts that materially affect the value of residential property and are not readily observable; presenting all offers and counteroffers in a timely manner; limited confidentiality; any duties you agree in writing. |
| Single agent | Fiduciary representation of one side only. Must be established in writing. | Everything above, plus loyalty, full confidentiality, obedience and full disclosure. |
| No brokerage relationship | The licensee is not representing you at all. | Honesty and fairness; disclosing known facts that materially affect the value of residential property and are not readily observable to the buyer; accounting for funds entrusted to the licensee. |
Source: Florida Statutes s. 475.278 (authorized brokerage relationships; presumption of transaction brokerage; required disclosures).
What limited confidentiality actually withholds
This is the part sellers rarely have explained to them. Under limited confidentiality a transaction broker may not disclose, unless you waive it in writing:
- that you will accept a price lower than your asking price;
- that a buyer will pay more than the price in their written offer;
- your motivation for selling, or a buyer's motivation for buying;
- that either party will agree to financing terms other than those offered;
- anything else a party has asked to be kept confidential.
Those protections are real, and they cover the things that cost sellers money in a negotiation. What you are giving up is the licensee's undivided loyalty: limited representation also means you are not responsible for the acts of the licensee.
When the disclosure has to reach you
A single agent relationship must be disclosed in writing before, or at the time of, signing a listing agreement or agreement for representation, or before the property is shown, whichever comes first. Changing from single agent to transaction broker part-way through requires your written consent first — it cannot happen quietly. The disclosure requirements apply to residential sales of four units or fewer, unimproved residential land intended for four units or fewer, and agricultural property of ten acres or fewer.
Three questions to ask before you sign a listing agreement
- Which relationship am I being offered, and where is it in writing? If nobody says, the law's answer is transaction broker.
- If the same brokerage brings the buyer, what changes for me? Get the answer before it happens, not on the day an offer arrives.
- Who else in the office will know my situation? Motivation is one of the specific things limited confidentiality protects — ask how it is handled internally.
How PBP Real Estate handles it
PBP Real Estate works as a transaction broker, in every transaction, for every client. We do not offer single agent representation. That is a deliberate choice, not an oversight: it is the same relationship on every file, disclosed the same way, so nobody finds out what they signed up for on the day an offer arrives.
Gia Freer, our Broker of Record, states that relationship in writing before you sign anything and explains in plain language what it does and does not cover — including what limited confidentiality withholds from the other side. We are a two-person brokerage, so the person explaining it is the person who will represent you. If single agent representation is what you want, tell us before you sign; we would rather point you to a brokerage that offers it than change what we do mid‑transaction.
Related reading
How we sell a home · Relisting an expired listing with a new agent · What your home is worth
This page is information, not legal advice. We are a real estate brokerage, not a law firm, and we will not interpret your contract for you. The statute quoted here is Florida Statutes s. 475.278; a Florida real-estate attorney can advise you on how it applies to your situation. This page is not tax advice either.
See what the property is worth
Gia Freer prepares a written opinion of value from our own BeachesMLS data and closed sales around your home. No automated estimate is published on this site and no price here is produced by software.
Questions and answers
What is a transaction broker in Florida?
A transaction broker is a broker who gives a buyer, a seller, or both a limited form of representation, without representing either one as a fiduciary or single agent. Florida Statutes section 475.278(2) lists the duties: dealing honestly and fairly, accounting for all funds, using skill, care and diligence, disclosing known facts that materially affect the value of residential property and are not readily observable, presenting all offers and counteroffers in a timely manner, and limited confidentiality. Under section 475.278(1)(b) every Florida licensee is presumed to be a transaction broker unless a single agent or no brokerage relationship is established in writing.
What is the difference between a transaction broker and a single agent?
A single agent represents you as a fiduciary and owes you loyalty, confidentiality, obedience, full disclosure, accounting for all funds, skill, care and diligence, timely presentation of all offers, and disclosure of known facts materially affecting the value of residential property. A transaction broker owes a shorter list and specifically does not owe you undivided loyalty. Both relationships are legal in Florida; the difference is the level of representation, and it must be in writing to be anything other than transaction brokerage.
Is dual agency legal in Florida?
No. Florida Statutes section 475.278(1)(a) states that a real estate licensee may not operate as a disclosed or nondisclosed dual agent, meaning a broker cannot represent both the buyer and the seller as a fiduciary in the same transaction. A licensee can act as a transaction broker to both parties, which is limited representation of each rather than fiduciary representation of both.
Does a transaction broker have to keep my information confidential?
Only within limits. Limited confidentiality under section 475.278(2)(f) prevents the licensee from disclosing that a seller will accept less than the asking price, that a buyer will pay more than the price in a written offer, either party's motivation for selling or buying, that a party will agree to different financing terms, or any other information a party asks to be kept confidential. A single agent owes full confidentiality instead.
What brokerage relationship does PBP Real Estate use?
PBP Real Estate works as a transaction broker in every transaction and does not offer single agent representation. The relationship is stated in writing, and explained, before you sign a listing agreement. If single agent representation is what you want, say so before signing and we will point you to a brokerage that offers it rather than change the relationship part-way through a transaction.
Can I ask for a single agent relationship instead?
Yes. A single agent relationship has to be established in writing, and the duties of a single agent must be disclosed in writing before or at the time you sign a listing agreement or agreement for representation, or before the property is shown, whichever happens first. Ask the question before you sign anything and keep the signed disclosure with your listing paperwork. Not every brokerage offers it: PBP Real Estate works as a transaction broker only, and will say so in writing before you sign.