AUTHORIZED BROKERAGE RELATIONSHIPS
A real estate licensee in the State of Florida may enter into a
brokerage relationship as either a single agent or as a transaction
broker with potential buyers and sellers. A real estate licensee may
not operate as a disclosed or non-disclosed dual agent. As used
here, the term "dual agent" means a broker who represents as a
fiduciary both the prospective buyer and the prospective seller in a
real estate transaction. Once a brokerage relationship is
established, this part does not prevent a licensee from changing
from one brokerage relationship to the other as long as the buyer or
the seller, or both, gives written consent before the change and the
appropriate disclosure of duties as provided in this part is made to
the buyer or seller. This part does not require a customer to enter
into a brokerage relationship with any real estate licensee.
DISCLOSURE REQUIREMENTS
Disclosure requirements.--Duties must be fully described and
disclosed in writing to a buyer or seller either as a separate and
distinct disclosure document or included as part of another document
such as a listing agreement or agreement for representation. The
disclosure must be made before, or at the time of, entering into a
listing agreement or an agreement for representation or before the
showing of property, whichever occurs first. When incorporated into
other documents, the required notice must be of the same size type,
or larger, as other provisions of the document and must be
conspicuous in its placement so as to advise customers of the duties
of limited representation, except that the first sentence of the
information must be printed in uppercase and bold type.
SINGLE AGENT RELATIONSHIP
Single agent-duties.--The following are the duties and
responsibilities a single agent owes their client are as follows and
must include the information in the following form:
SINGLE AGENT NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE
AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.
As a single agent, ____________________ (insert name of Real Estate
Entity and its Associates) owe to you the following duties:
1. Dealing honestly and fairly;
2. Loyalty;
3. Confidentiality;
4. Obedience;
5. Full disclosure;
6. Accounting for all funds;
7. Skill, care, and diligence in the transaction;
8. Presenting all offers and counteroffers in a timely manner,
unless a party has previously directed the licensee otherwise in
writing; and
9. Disclosing all known facts that materially affect the value of
residential real property and are not readily observable.
______________________________
Date
______________________________
Signature
TRANSACTION BROKER NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS
TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE AND
DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION.
As a transaction broker, Mazor Realty and its Associates, provides
to you a limited form of representation that includes the following
duties:
1. Dealing honestly and fairly;
2. Accounting for all funds;
3. Using skill, care, and diligence in the transaction;
4. Disclosing all known facts that materially affect the value of
residential real property and are not readily observable to the
buyer;
5. Presenting all offers and counteroffers in a timely manner,
unless a party has previously directed the licensee otherwise in
writing;
6. Limited confidentiality, unless waived in writing by a party.
This limited confidentiality will prevent disclosure that the seller
will accept a price less than the asking or listed price, that the
buyer will pay a price greater than the price submitted in a written
offer, of the motivation of any party for selling or buying
property, that a seller or buyer will agree to financing terms other
than those offered, or of any other information requested by a party
to remain confidential; and
7. Any additional duties that are entered into by this or by
separate written agreement.
Limited representation means that a buyer or seller is not
responsible for the acts of the licensee. Additionally, parties are
giving up their rights to the undivided loyalty of the licensee.
This aspect of limited representation allows a licensee to
facilitate a real estate transaction by assisting both the buyer and
the seller, but a licensee will not work to represent one party to
the detriment of the other party when acting as a transaction broker
to both parties.
______________________________
Date
______________________________
Signature
______________________________
Signature
