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