Dual Agency in Florida: Why It Is Not Permitted (Transaction Brokers Explained)

‹ Part of our guide: Real Estate Agency & Fiduciary Duties

Last updated: July 2026

Is Dual Agency Legal in Florida?

No. Dual agency — one licensee representing both the buyer and the seller as a fiduciary — is not an authorized relationship in Florida. The problem is a conflict of duty: a fiduciary owes full loyalty and confidentiality to their client, and no single agent can owe undivided loyalty to two opposing parties at the same time.

Florida resolved this with its Brokerage Relationship Disclosure Act, eliminating dual agency and creating the transaction broker model. Today, Section 475.278, Florida Statutes, lists only three authorized brokerage relationships — and dual agency is not one of them.

Florida’s Three Authorized Brokerage Relationships

What Is a Transaction Broker?

A transaction broker provides limited representation to a buyer, a seller, or both in the same transaction, helping the deal close without becoming anyone’s fiduciary. Under Section 475.278, a transaction broker owes these duties:

• Dealing honestly and fairly;
• Accounting for all funds;
• Using skill, care, and diligence in the transaction;
• Disclosing all 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 — the broker may not reveal that a seller will accept less, that a buyer will pay more, a party’s motivation, or other confidential terms; and
• Any additional duties mutually agreed to.

Since 2008, a transaction broker relationship is presumed — no separate transaction-broker disclosure notice is required (single agent and no-brokerage relationships still require disclosure).

Single Agent — and Transitioning to Transaction Broker

A single agent represents only one party and owes the full set of fiduciary duties: dealing honestly and fairly, loyalty, confidentiality, obedience, full disclosure, accounting for all funds, skill and care, presenting all offers, and disclosing all known material facts.

Florida’s nine single-agent duties are:

1. Dealing honestly and fairly;
2. Loyalty;
3. Confidentiality;
4. Obedience;
5. Full disclosure;
6. Accounting for all funds;
7. Skill, care, and diligence in the transaction;
8. Presenting all offers and counteroffers in a timely manner (unless directed otherwise in writing);
9. Disclosing all known facts that materially affect the value of residential property and are not readily observable to the buyer.

Because a single agent cannot represent the other side, Florida allows a single agent to transition to a transaction broker — with the party’s written consent — so the brokerage can facilitate both sides of a deal without ever becoming a dual agent.

Dual Agency vs. Transaction Broker: The Key Difference

The two are often confused, but they are fundamentally different in what the licensee promises each party:

In short: a dual agent tries to be a full fiduciary to two opposing parties at once — which Florida bans. A transaction broker sidesteps the conflict by giving limited representation and never promising undivided loyalty to either side.

No Brokerage Relationship: When You Are Not Represented

Florida’s third option is no brokerage relationship — the licensee deals with a buyer or seller they do not represent at all. Even then, the licensee still owes three duties: dealing honestly and fairly, disclosing all known facts that materially affect the value of residential property and are not readily observable, and accounting for all funds. Because the consumer is unrepresented, this relationship must be disclosed to them in writing before showing property.

Designated Sales Associate: Florida’s Narrow Exception

There is one narrow situation where Florida permits something close to dual representation. Under Section 475.2755, Florida Statutes, in a nonresidential (commercial) transaction where the buyer and seller each have assets of at least $1 million and both sign the required disclosure, a broker may appoint two different sales associates — one as a single agent for the buyer and one as a single agent for the seller. These are called designated sales associates. Critically, this is not dual agency: two separate agents each provide full single-agent representation to their own party, and it applies only to large commercial deals — never to residential sales.

What Florida’s Model Means for Buyers and Sellers

For consumers, the practical takeaway is simple. If you want an agent who owes you full loyalty and confidentiality, ask to be represented as a single agent and sign the single-agent disclosure. If you are comfortable with a broker who helps both sides reach a fair closing without taking a side, the transaction broker relationship is Florida’s default. Either way, no Florida licensee may secretly represent both parties as a fiduciary — the law simply does not allow it. Florida’s licensees are regulated by the Florida Real Estate Commission (FREC), part of the Department of Business and Professional Regulation.

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