Authorized Florida Brokerage Relationships
We have these relationships for everyone to easily review because the type of relationship you have with your broker is very important. You would not believe how many people we have spoken to over the years that had never known that there were more than one. Florida law states every relationship between a consumer and a licensed real estate professional defaults to a “Transaction Broker”. As you can see below, as stated in the statutes, this is “a limited form of representation”. Consider the money you are expected to pay to buy or sell property. Are you going to be happy with “limited representation”? Probably not, nor should you. This is why OUR default is to serve as a “Single Agent” or fiduciary for our clients. The difference between the two can be summed up with four concepts; Loyalty, Confidentiality, Obedience, and Full Disclosure.
You will notice under the Single Agent definition is a statement “FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.” This is required because we must let those other principles know we are working solely for our clients, not on their behalf.
Having these for our clients and prospective clients to review is just another part of our fulfilling our obligation of Full Disclosure.
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TRANSACTION BROKER
DEFAULT
A transaction broker provides a limited form of representation to a buyer, a seller, or both in a real estate transaction but does not represent either in a fiduciary capacity or as a single agent. The duties of the real estate licensee in this limited form of representation include the following:
1. Dealing honestly and fairly;
2. Accounting for all funds;
3. Using skill, care, and diligence in the transaction.
4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer;
5. Presenting all offers and counter offers in a timely manner, unless a party has previously directed the licensee otherwise in writing;
6. Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and
7. Any additional duties that are mutually agreed to with a party.
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SINGLE AGENT
STANDARD RELATIONSHIP WITH OUR COMPANY
Single agent; duties. The duties of a real estate licensee owed to a buyer or seller who engages the real estate licensee as a single agent include the following:
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 a party has previously directed the licensee otherwise in writing; and
9. Disclosing all known facts that materially affect the value of residential real property and are not readily observable.
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.
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NO BROKERAGE
No brokerage relationship; duties. A real estate licensee owes to a potential seller or buyer with whom the licensee has no brokerage relationship the following duties:
1. Dealing honestly and fairly;
2. Disclosing all known facts that materially affect the value of the residential real property which are not readily observable to the buyer; and
3. Accounting for all funds entrusted to the licensee.