Can the same real estate agent represent both the buyer and the seller in Florida?

Why Florida does not allow dual agency

Section 475.278(1)(a) of the 2026 Florida Statutes says a real estate licensee may not operate as a disclosed or nondisclosed dual agent, meaning a broker who represents both the prospective buyer and the prospective seller as a fiduciary in the same transaction. Section 475.01 likewise defines a single agent as a broker who represents either the buyer or the seller as a fiduciary, but not both.

What Florida does allow is transaction brokerage. A transaction broker provides a limited form of representation to a buyer, a seller, or both, but does not represent either one in a fiduciary capacity.[1][2]

What changes when one licensee works with both sides?

As a transaction broker, the licensee still owes both parties the statutory duties: dealing honestly and fairly, accounting for funds, using skill, care and diligence, disclosing known facts that materially affect the value of residential property and are not readily observable, presenting offers in a timely manner, and limited confidentiality.

Limited confidentiality means that, unless waived in writing, the licensee may not tell one side that the seller will accept less than the listed price, that the buyer will pay more than the written offer, either party's motivation, or that either party will accept different financing terms. The statute's notice says the parties give up their right to the licensee's undivided loyalty, and that a transaction broker assisting both parties will not work to represent one party to the detriment of the other.[1]

What if you already have a single agent?

A single-agent relationship can be changed to a transaction-broker relationship only if the licensee first obtains the principal's written consent. Florida law prescribes the wording of this Consent to Transition to Transaction Broker notice, which states in capital letters that the change cannot occur without your prior written consent, and it must be initialed or signed.

Different rules apply outside residential sales. Section 475.278's disclosure rules cover residential sales: improved or unimproved residential property of four units or fewer and agricultural property of 10 acres or fewer. For transactions other than residential sales, section 475.2755 lets a broker designate separate sales associates for the buyer and the seller when both parties have assets of $1 million or more, sign disclosures saying so, and request that form of representation.

• Ask which brokerage relationship you will have, and which one the other party has.
• Ask whether you will be asked to sign a consent-to-transition notice.
• Ask what information will be kept confidential under limited confidentiality.
• For legal questions about your situation, consult a Florida real estate attorney.[1][3]