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Florida law presumes that a broker is acting as a transaction broker, but the broker can operate as a single agent or as a nonrepresentative in a transaction, provided that written disclosures are given to the parties. A broker may not act as a dual agent.
The broker decides the type of relationship the company will have with a customer, but the customer is not required to enter a brokerage relationship. Licensees who work in the firm must observe all the duties of that relationship. For example, if a sales associate in the firm is a single agent for a seller, another sales associate in the same firm cannot be a single agent for the buyer, because that would be an illegal dual agency.
All licensees, regardless of their brokerage relationships, have three basic duties to customers:
A broker can work with a buyer and a seller with no broker relationship. This is called nonrepresentation.
If a broker wants to establish a brokerage relationship, the three relationships authorized by Florida law are