Florida 2025 Regular Session

Florida House Bill H0805 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 805 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb805-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to authorized brokerage relationships 2
16	16	and required disclosures; providing a short title; 3
17	17	amending s. 475.278, F.S.; revising the duties of a 4
18	18	transaction broker; revising the duties of such broker 5
19	19	when the broker is engaged as a single agent; revising 6
20	20	the content requirements for single agent notice and 7
21	21	consent to transition to a transaction broker; 8
22	22	providing an effective date. 9
23	23	10
24	24	Be It Enacted by the Legislature of the State of Florida: 11
25	25	12
26	26	Section 1. This act may be cited as the "Access to Fair 13
27	27	and Transparent Real Estate Listings Act." 14
28	28	Section 2. Paragraphs (f) and (g) of subsection (2) of 15
29	29	section 475.278, Florida Statutes, are redesign ated as 16
30	30	paragraphs (i) and (j), respectively, new paragraphs (f), (g), 17
31	31	and (h) are added to that subsection, and paragraphs (a) and (c) 18
32	32	of subsection (3) of that section are amended, to read: 19
33	33	475.278 Authorized brokerage relationships; presumption of 20
34	34	transaction brokerage; required disclosures. — 21
35	35	(2) TRANSACTION BROKER RELATIONSHIP. —A transaction broker 22
36	36	provides a limited form of representation to a buyer, a seller, 23
37	37	or both in a real estate transaction but does not represent 24
38	38	either in a fiduciary capacit y or as a single agent. The duties 25
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40	40	HB 805 2025
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb805-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	of the real estate licensee in this limited form of 26
52	52	representation include the following: 27
53	53	(f) Sharing information on the property and responding to 28
54	54	inquiries from any licensees representing prospective buyers; 29
55	55	(g) At the seller's or lessor's direction, making the 30
56	56	property available for showing to prospective buyers; 31
57	57	(h) Within 1 calendar day after the beginning date of the 32
58	58	term of any written listing agreement authorizing the licensee 33
59	59	to sell the client's property, p ublicly advertise or market the 34
60	60	listed property for sale in or on a publication, platform, or 35
61	61	website that is broadly accessible to the general public. A 36
62	62	seller may opt out of public advertising if he or she signs a 37
63	63	disclosure and opt-out form promulgated by the commission that 38
64	64	includes, but is not limited to: 39
65	65	1. Expressly requesting in writing that the seller's agent 40
66	66	withhold the listed property from all public marketing or 41
67	67	advertising and outlining the specific reasons for the request 42
68	68	in writing. 43
69	69	2. Acknowledging that: 44
70	70	a. Real estate licensees representing prospective buyers 45
71	71	may not be aware the seller's property is available for sale or 46
72	72	lease; 47
73	73	b. The client property will not be displayed on Internet 48
74	74	platforms or websites that are used by the gener al public to 49
75	75	search for property listings; 50
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77	77	HB 805 2025
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb805-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	c. Real estate licensees and prospective buyers may not be 51
89	89	aware of the terms and conditions under which the seller is 52
90	90	offering the property for sale; and 53
91	91	d. The reduction in exposure of the listed property ma y 54
92	92	reduce the number of offers to purchase or lease the listed 55
93	93	property and negatively impact the seller's ability to sell the 56
94	94	listed property at terms favorable to the seller; 57
95	95	(3) SINGLE AGENT RELATIONSHIP. — 58
96	96	(a) Single agent; duties. —The duties of a real estate 59
97	97	licensee owed to a buyer or seller who engages the real estate 60
98	98	licensee as a single agent include the following: 61
99	99	1. Dealing honestly and fairly; 62
100	100	2. Loyalty; 63
101	101	3. Confidentiality; 64
102	102	4. Obedience; 65
103	103	5. Full disclosure; 66
104	104	6. Accounting for all funds; 67
105	105	7. Skill, care, and diligence in the transaction; 68
106	106	8. Presenting all offers and counteroffers in a timely 69
107	107	manner, unless a party has previously directed the licensee 70
108	108	otherwise in writing; and 71
109	109	9. Sharing information on the property and respondi ng to 72
110	110	inquiries from any licensees representing prospective buyers; 73
111	111	10. At the seller's or lessor's direction, making the 74
112	112	property available for showing to prospective buyers; 75
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114	114	HB 805 2025
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	11. Within 1 calendar day after the beginning date of the 76
126	126	term of any written listing agreement authorizing the licensee 77
127	127	to sell the client's property, publicly advertise or market the 78
128	128	listed property for sale in or on a publication, platform, or 79
129	129	website that is broadly accessible to the general public. A 80
130	130	seller may opt out of pub lic advertising if he or she signs a 81
131	131	disclosure and opt-out form promulgated by the commission that 82
132	132	includes, but is not limited to: 83
133	133	a. Expressly requesting in writing that the seller's agent 84
134	134	withhold the listed property from all public marketing or 85
135	135	advertising and outlining the specific reasons for the request 86
136	136	in writing. 87
137	137	b. Acknowledging that: 88
138	138	(I) Real estate licensees representing prospective buyers 89
139	139	may not be aware the seller's property is available for sale or 90
140	140	lease; 91
141	141	(II) The client property wi ll not be displayed on Internet 92
142	142	platforms or websites that are used by the general public to 93
143	143	search for property listings; 94
144	144	(III) Real estate licensees and prospective buyers may not 95
145	145	be aware of the terms and conditions under which the seller is 96
146	146	offering the property for sale; and 97
147	147	(IV) The reduction in exposure of the listed property may 98
148	148	reduce the number of offers to purchase or lease the listed 99
149	149	property and negatively impact the seller's ability to sell the 100
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb805-00
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	listed property at terms favorable to the sel ler; and 101
163	163	12.9. Disclosing all known facts that materially affect 102
164	164	the value of residential real property and are not readily 103
165	165	observable. 104
166	166	(c) Contents of disclosure. — 105
167	167	1. Single agent duties disclosure. —The notice required 106
168	168	under subparagraph (b)1. must include the following information 107
169	169	in the following form: 108
170	170	SINGLE AGENT NOTICE 109
171	171	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS 110
172	172	SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES. 111
173	173	As a single agent, ...(insert name of Real Estate Entity 112
174	174	and its Associates)... owe to you the following duties: 113
175	175	1. Dealing honestly and fairly; 114
176	176	2. Loyalty; 115
177	177	3. Confidentiality; 116
178	178	4. Obedience; 117
179	179	5. Full disclosure; 118
180	180	6. Accounting for all funds; 119
181	181	7. Skill, care, and diligence in the transaction; 120
182	182	8. Presenting all offers and counteroffers in a timely 121
183	183	manner, unless a party has previously directed the licensee 122
184	184	otherwise in writing; and 123
185	185	9. Acting in good faith to publicly advertise a seller's 124
186	186	listing to prospective buyers on a platform or website 125
187	187
188	188	HB 805 2025
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192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb805-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	accessible to the public and licensees representing prospective 126
200	200	buyers or tenants; 127
201	201	10. Sharing information on a listed property with all 128
202	202	licensees representing prospective buyers or tenants and making 129
203	203	the property available for showing to such buyers or tenants; 130
204	204	and 131
205	205	11.9. Disclosing all known facts that materially affect 132
206	206	the value of residential real property and are not readily 133
207	207	observable. 134
208	208	135
209	209	............
210	210	Date
211	211	........................
212	212	Signature
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214	214	2. Transition disclosure. —To gain the principal's writ ten 137
215	215	consent to a change in relationship, a licensee must use the 138
216	216	following disclosure: 139
217	217	CONSENT TO TRANSITION TO 140
218	218	TRANSACTION BROKER 141
219	219	FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER 142
220	220	OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT 143
221	221	RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER 144
222	222	FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE 145
223	223	TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO 146
224	224	BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP 147
225	225	CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT. 148
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227	227	HB 805 2025
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232	232	hb805-00
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234	234	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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238	238	As a transaction broker, ...(insert name of Real Estate Firm and 149
239	239	its Associates)..., provides to you a limited form of 150
240	240	representation that includes the following duties: 151
241	241	1. Dealing honestly and fairly; 152
242	242	2. Accounting for all funds; 153
243	243	3. Using skill, care, and diligence in the transaction; 154
244	244	4. Disclosing all known facts that materially affect the 155
245	245	value of residential real property and are not readily 156
246	246	observable to the buyer; 157
247	247	5. Presenting all offers and counteroffers in a ti mely 158
248	248	manner, unless a party has previously directed the licensee 159
249	249	otherwise in writing; 160
250	250	6. Acting in good faith to publicly advertise a seller's 161
251	251	listing to prospective buyers on a platform or website 162
252	252	accessible to the public and licensees representing prospective 163
253	253	buyers or tenants; 164
254	254	7. Sharing information on a listed property with all 165
255	255	licensees representing prospective buyers or tenants and making 166
256	256	the property available for showing to such buyers or tenants; 167
257	257	8.6. Limited confidentiality, unless waive d in writing by 168
258	258	a party. This limited confidentiality will prevent disclosure 169
259	259	that the seller will accept a price less than the asking or 170
260	260	listed price, that the buyer will pay a price greater than the 171
261	261	price submitted in a written offer, of the motivation o f any 172
262	262	party for selling or buying property, that a seller or buyer 173
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264	264	HB 805 2025
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268	268	CODING: Words stricken are deletions; words underlined are additions.
269	269	hb805-00
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271	271	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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275	275	will agree to financing terms other than those offered, or of 174
276	276	any other information requested by a party to remain 175
277	277	confidential; and 176
278	278	9.7. Any additional duties that are entered into by th is 177
279	279	or by separate written agreement. 178
280	280	Limited representation means that a buyer or seller is not 179
281	281	responsible for the acts of the licensee. Additionally, parties 180
282	282	are giving up their rights to the undivided loyalty of the 181
283	283	licensee. This aspect of limited repr esentation allows a 182
284	284	licensee to facilitate a real estate transaction by assisting 183
285	285	both the buyer and the seller, but a licensee will not work to 184
286	286	represent one party to the detriment of the other party when 185
287	287	acting as a transaction broker to both parties. 186
288	288	................I agree that my agent may assume the role and 187
289	289	duties of a transaction broker. [must be initialed or signed] 188
290	290	Section 3. This act shall take effect July 1, 2025. 189