Types of Real Estate Agents in Florida: Listing Agent, Buyer's Agent, Transaction Broker and Who Works for You

The types of real estate agents you meet in Florida can be sorted two ways. One is by license: sales associate, broker associate or broker. The other is by the legal relationship they have with you, and that one matters more. A Florida agent may act as your single agent, as a transaction broker, or with no brokerage relationship at all. Each one owes you different duties. This guide explains every role in plain terms, so you know who works for you before you sign a listing or buyer agreement.

Key takeaways

• Under Florida law, every agent is presumed to be a transaction broker unless a single agent or no brokerage relationship is set up in writing.
• A single agent owes you fiduciary duties, including loyalty, confidentiality, obedience and full disclosure.
• A transaction broker gives limited representation and can assist both sides, but owes no loyalty to either one.
• Florida bans dual agency. One agent cannot be a single agent for both the buyer and the seller in the same deal.
• Since Aug. 17, 2024, buyers working with a Realtor must sign a written agreement before touring homes.

Types of real estate agents by license

Florida issues real estate licenses through the Department of Business and Professional Regulation. The titles you see on business cards come from the definitions in section 475.01 of the Florida Statutes.

• Sales associate. This is the entry-level license. A sales associate works under the direction and control of a broker and cannot run a brokerage alone.
• Broker associate. This person holds a broker license but chooses to work under another broker, much like a sales associate.
• Broker. A broker can open and run a brokerage. The broker is responsible for the agents who work under the firm.

Any of these can help you buy or sell. Still, your listing agreement is with the brokerage, not just the person. Our post on whether agents have to work for a broker explains that setup in more detail.

Are Realtors different types of real estate agents?

Realtor is not a license type. It is a trademark for members of the National Association of Realtors, who agree to follow its Code of Ethics. Many Florida agents are Realtors, but not all of them. The license is what gives a person the legal right to help you buy or sell.

Types of real estate agents by role in the deal

Most people describe agents by which side they help. These everyday labels are useful, even though they are not legal terms in Florida:

• Listing agent. Works with the seller. Prices the home, markets it, handles showings and negotiates offers.
• Buyer's agent. Works with the buyer. Finds homes, writes offers, and guides the buyer through inspections, appraisal and closing.
• Dual role. One agent or firm works with both sides. In Florida this is only allowed as a transaction broker, never as a single agent for both.

The label tells you which side an agent helps. The legal relationship tells you how far that help goes. That is why Florida requires the brokerage relationship to be clear.

The transaction broker: Florida's default

Under section 475.278, every licensee is presumed to be a transaction broker. That presumption holds unless you set up a single agent relationship or no brokerage relationship in writing. So if no one has explained the relationship, you are most likely working with a transaction broker.

A transaction broker gives limited representation. The agent can help a buyer, a seller or both, but does not owe loyalty to either side. The statute lists the duties a transaction broker owes you:

• Deal honestly and fairly.
• Account for all funds.
• Use skill, care and diligence in the transaction.
• Disclose all known facts that materially affect the value of residential property and are not readily seen by the buyer.
• Present all offers and counteroffers in a timely way, unless told otherwise in writing.
• Keep limited confidentiality, unless a party waives it in writing.
• Do any extra duties that you and the agent agree to.

What limited confidentiality means

Limited confidentiality protects some of your private details. For example, a transaction broker should not tell a buyer that you will take less than your list price. Nor should the agent tell a seller that a buyer will pay more than the offer. Your reasons for moving and your timeline also stay private, unless you agree otherwise.

The single agent: full loyalty to one side

A single agent works for only one party in a deal, either the buyer or the seller. This relationship carries fiduciary duties. Florida law lists them as follows:

• Deal honestly and fairly.
• Loyalty.
• Confidentiality.
• Obedience.
• Full disclosure.
• Account for all funds.
• Use skill, care and diligence.
• Present all offers and counteroffers in a timely way.
• Disclose all known material facts that affect the value of residential property.

Loyalty is the big difference. A single agent must put your interests first and can advise you on strategy against the other side. For example, a seller's single agent can push hard on price and terms for the seller alone.

When you get the single agent notice

For residential sales, a single agent must give you a written notice of the relationship. You get it before or at the time you sign a listing or buyer agreement, or before a showing, whichever comes first. Residential sales cover homes with four units or fewer, vacant land meant for that use, and farm land under 10 acres.

Changing from single agent to transaction broker

Sometimes a buyer's single agent works for the same firm that lists a home the buyer wants. Because dual agency is banned, the firm cannot stay a single agent for both. Instead, the agent may ask you to switch to a transaction broker. That switch needs your written consent on a form set out in the statute. If you sign it, you give up the loyalty and full disclosure duties for that deal.

No brokerage relationship

The third option is no brokerage relationship. This often applies when an agent works with a buyer for a home that someone else lists, or with a for sale by owner seller. The agent does not represent you, but still owes basic duties. Those duties are to deal honestly and fairly, disclose known facts that materially affect value, and account for all funds.

In this setup, the agent may share anything you say with the other side. So be careful about what you tell an agent who does not represent you.

Buyer agreements after the 2024 settlement

Buyers face one more step today. Since Aug. 17, 2024, Realtors must have a written agreement with a buyer before touring a home with them, in person or online. The agreement must spell out the services and the pay. That pay must be a set amount or rate, not open-ended or a range.

Agent pay is negotiable and not set by law. Buyers can still ask a seller to help cover their agent's fee as part of an offer. Sellers, in turn, can decide whether to offer that help.

Specialist types of real estate agents

Beyond license and legal role, many agents focus on a niche. These are not separate licenses, but they can matter when you hire someone. Here are a few you will see in South Florida:

• New construction sales agents. The person in a builder's model home usually works for the builder. If you buy new, you can bring your own agent to the first visit, but check the builder's rules on registration.
• Luxury agents. These agents focus on high-end homes, waterfront estates and private club communities. They often market to out-of-state and overseas buyers.
• Condo specialists. Florida condo sales involve association documents, reserve studies and inspection reports. An agent who knows those rules can save you time.
• Investor-focused agents. They work with buyers of rentals, multifamily and fix and flip homes, and they tend to know rents and repair costs well.
• Relocation agents. These agents help buyers moving from another state, often through tours by video and remote closings.

A niche focus does not change the legal duties above. So ask a specialist the same questions about the brokerage relationship as any other agent.

How to choose among the types of real estate agents

Start by deciding what you need. If you want an adviser who will fight for your side alone, ask about a single agent relationship. If you are fine with a neutral helper who keeps the deal moving, a transaction broker can work well. Many Florida firms work as transaction brokers by default, so ask early.

Then ask each agent a few direct questions before you sign:

1. Which brokerage relationship will we have, and can I see it in writing?
2. Does your firm list homes I may want to buy, and what happens then?
3. What services are included, and what do they cost?
4. How many homes like mine have you sold in my area in the past year?
5. How will you share updates during the deal?

For sellers, a strong listing agent should answer all of these without hesitation. Ask the same questions of a buyer's agent before your first tour.

Frequently asked questions

What are the main types of real estate agents in Florida?

By license, they are sales associates, broker associates and brokers. By relationship, an agent can be your single agent, a transaction broker or have no brokerage relationship with you.

Is a transaction broker working for me?

Partly. A transaction broker gives limited representation and owes duties of honesty, care and limited confidentiality. However, the agent does not owe you loyalty and may also assist the other side.

Is dual agency legal in Florida?

No. Florida law bars licensees from acting as disclosed or undisclosed dual agents. A firm that works with both sides must do so as a transaction broker.

Can I ask my agent to be a single agent?

Yes. You can ask for a single agent relationship in writing. Some firms offer it and some do not, so ask before you sign.

Do these rules apply to commercial property?

The written disclosure rules apply to residential sales. Commercial deals, leases and some other transactions are exempt from the disclosure requirement.

Sources

• Florida Statutes, s. 475.278 brokerage relationships
• Florida Statutes, s. 475.01 definitions
• NAR, Consumer guide to written buyer agreements

This article is general information, not legal advice. Brokerage rules can change, so review your own agreements with a Florida real estate attorney if you have questions.

Want to know exactly who works for you? Book a no-obligation listing consultation, and we will explain our brokerage relationship in writing before you sign anything. Buying instead? Our agents will walk you through the buyer agreement before your first tour. Contact Pure Equity.