Senate Bill 1770 (2025) — Duties of a real estate licensee
SB 1770
Florida Bills
Florida Senate - 2025 SB 1770 By Senator Collins 14-01198-25 20251770__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to duties of a real estate licensee; 2 amending s. 475.278, F.S.; revising the duties of real 3 estate licensees when providing certain forms of 4 representation to buyers, sellers, or both; defining 5 the term “limited confidentiality”; revising the 6 contents of certain disclosures; providing an 7 effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11
Section 1. Subsection (2) and paragraphs (
a) and (
c) of 12 subsection (3) of
section 475.278, Florida Statutes, are amended 13 to read: 14 475.278 Authorized brokerage relationships; presumption of 15 transaction brokerage; required disclosures.— 16
(2) TRANSACTION BROKER RELATIONSHIP.—A transaction broker 17 provides a limited form of representation to a buyer, a seller, 18 or both in a real estate transaction but does not represent 19 either in a fiduciary capacity or as a single agent. The duties 20 of the real estate licensee in this limited form of 21 representation include all of the following: 22 (
a) Dealing honestly and fairly.; 23 (
b) Accounting for all funds.; 24 (
c) Using skill, care, and diligence in the transaction.; 25 (
d) Disclosing all known facts that materially affect the 26 value of residential real property and are not readily 27 observable to the buyer.; 28 (
e) Presenting all offers and counteroffers in a timely 29
Florida Senate - 2025 SB 1770 14-01198-25 20251770__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. manner, unless a party has previously directed the licensee 30 otherwise in writing.; 31 (
f) Sharing information on the property and responding to 32 inquiries from any licensees representing prospective buyers. 33 (
g) At the seller’s or lessor’s direction, making the 34 property available for showing to prospective buyers. 35 (
h) Publicly advertising or marketing the listed property 36 in or on a publicly accessible publication, platform, or website 37 within 1 calendar day after the start date of a written listing 38 agreement, unless the seller opts out of such advertising or 39 marketing. A seller may opt out of public advertising or 40 marketing if he or she signs a disclosure and opt-out form 41 adopted by the commission which includes, but is not limited to: 42 1.
Expressly requesting in writing that the seller’s agent 43 withhold the listed property from all public marketing or 44 advertising and outlining the specific reasons for the request 45 in writing; and 46 2. Acknowledging that: 47 a. Real estate licensees representing prospective buyers 48 may not be aware the seller’s property is available for sale or 49 lease; 50 b. The seller’s property will not be displayed on Internet 51 platforms or websites that are used by the general public to 52 search for property listings; 53 c.
Real estate licensees and prospective buyers may not be 54 aware of the terms and conditions under which the seller is 55 offering the property for sale; and 56 d. The reduction in exposure of the listed property may 57 reduce the number of offers to purchase or lease the listed 58
Florida Senate - 2025 SB 1770 14-01198-25 20251770__ Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions. property and negatively impact the seller’s ability to sell the 59 listed property at terms favorable to the seller. 60 (
i) Maintaining limited confidentiality, unless waived in 61 writing by a party. As used in this paragraph, the term “limited 62 confidentiality” means the licensee cannot disclose any of the 63 following: 64 1. That the seller is willing to accept a price lower than 65 the listed amount. 66 2. That the buyer is willing to pay more than the submitted 67 offer. 68 3. The motivation of any party for buying or selling the 69 property. 70 4. That a seller or buyer is open to financing terms other 71 than those stated. 72 5. Any other information a party has requested to remain 73 confidential. 74 (j)(
g) Any additional duties that are mutually agreed to 75 with a party. 76
(3) SINGLE AGENT RELATIONSHIP.— 77 (
a) Single agent; duties.—The duties of a real estate 78 licensee owed to a buyer or seller who engages the real estate 79 licensee as a single agent include the following: 80 1. Dealing honestly and fairly; 81 2. Loyalty; 82 3. Confidentiality; 83 4. Obedience; 84 5. Full disclosure; 85 6. Accounting for all funds; 86 7. Skill, care, and diligence in the transaction; 87
Florida Senate - 2025 SB 1770 14-01198-25 20251770__ Page 4 of 8 CODING: Words stricken are deletions; words underlined are additions. 8. Presenting all offers and counteroffers in a timely 88 manner, unless a party has previously directed the licensee 89 otherwise in writing; and 90 9. Sharing information on the property and responding to 91 inquiries from any licensees representing prospective buyers; 92 10. At the seller’s or lessor’s direction, making the 93 property available for showing to prospective buyers; 94 11.
Within 1 calendar day after the beginning date of the 95 term of any written listing agreements authorizing the licensee 96 to sell the client’s property, publicly advertising or marketing 97 the listed property for sale in or on a publication, platform, 98 or website that is broadly accessible to the general public. A 99 seller may opt out of public advertising if he or she signs a 100 disclosure and opt-out form adopted by the commission which 101 includes, but is not limited to: 102 a.
Expressly requesting in writing that the seller’s agent 103 withhold the listed property from all public marketing or 104 advertising and outlining the specific reasons for the request 105 in writing; and 106 b. Acknowledging that: 107 (
I) Real estate licensees representing prospective buyers 108 may not be aware the seller’s property is available for sale; 109 (II) The seller’s property will not be displayed on 110 Internet platforms or websites that are used by the general 111 public to search for property listings; 112 (III) Real estate licensees and prospective buyers may not 113 be aware of the terms and conditions under which the seller is 114 offering the property for sale; and 115 (IV) The reduction in exposure of the listed property may 116
Florida Senate - 2025 SB 1770 14-01198-25 20251770__ Page 5 of 8 CODING: Words stricken are deletions; words underlined are additions. reduce the number of offers to purchase the listed property and 117 negatively impact the seller’s ability to sell the listed 118 property at terms favorable to the seller; and 119 12. Disclosing all known facts that materially affect the 120 value of residential real property and are not readily 121 observable. 122 (
c) Contents of disclosure.— 123 1. Single agent duties disclosure.—The notice required 124 under subparagraph (b)1. must include the following information 125 in the following form: 126 127 SINGLE AGENT NOTICE 128 129 FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS 130 SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES. 131 132 As a single agent, ...(insert name of Real Estate Entity 133 and its Associates)... owe to you the following duties: 134 1. Dealing honestly and fairly; 135 2. Loyalty; 136 3. Confidentiality; 137 4. Obedience; 138 5. Full disclosure; 139 6.
Accounting for all funds; 140 7. Skill, care, and diligence in the transaction; 141 8. Presenting all offers and counteroffers in a timely 142 manner, unless a party has previously directed the licensee 143 otherwise in writing; and 144 9. Acting in good faith to publicly advertise the listing 145
Florida Senate - 2025 SB 1770 14-01198-25 20251770__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. to prospective buyers on a platform or website accessible to the 146 public and licensees representing prospective buyers or tenants; 147 10. Sharing information on a listed property with all 148 licensees representing prospective buyers or tenants and making 149 the property available for showing to such buyers or tenants; 150 and 151 11.
Disclosing all known facts that materially affect the 152 value of residential real property and are not readily 153 observable. 154 155 ............ Date ........................ Signature 156 2.
Transition disclosure.—To gain the principal’s written 157 consent to a change in relationship, a licensee must use the 158 following disclosure: 159 160 CONSENT TO TRANSITION TO 161 TRANSACTION BROKER 162 163 FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER 164 OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT 165 RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER 166 FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE 167 TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO 168 BOTH THE BUYER AND THE SELLER.
THIS CHANGE IN RELATIONSHIP 169 CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT. 170 171 As a transaction broker, ...(insert name of Real Estate Firm and 172
Florida Senate - 2025 SB 1770 14-01198-25 20251770__ Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. its Associates)..., provides to you a limited form of 173 representation that includes the following duties: 174 1. Dealing honestly and fairly; 175 2. Accounting for all funds; 176 3. Using skill, care, and diligence in the transaction; 177 4. Disclosing all known facts that materially affect the 178 value of residential real property and are not readily 179 observable to the buyer; 180 5.
Presenting all offers and counteroffers in a timely 181 manner, unless a party has previously directed the licensee 182 otherwise in writing; 183 6. Acting in good faith to publicly advertise a seller’s 184 listing to prospective buyers on a platform or website 185 accessible to the public and licensees representing prospective 186 buyers or tenants; 187 7. Sharing information on a listed property with all 188 licensees representing prospective buyers or tenants and making 189 the property available for showing to such buyers or tenants; 190 8. Limited confidentiality, unless waived in writing by a 191 party.
This limited confidentiality will prevent disclosure that 192 the seller will accept a price less than the asking or listed 193 price, that the buyer will pay a price greater than the price 194 submitted in a written offer, of the motivation of any party for 195 selling or buying property, that a seller or buyer will agree to 196 financing terms other than those offered, or of any other 197 information requested by a party to remain confidential; and 198 9.7. Any additional duties that are entered into by this or 199 by separate written agreement. 200 201
Florida Senate - 2025 SB 1770 14-01198-25 20251770__ Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. Limited representation means that a buyer or seller is not 202 responsible for the acts of the licensee. Additionally, parties 203 are giving up their rights to the undivided loyalty of the 204 licensee.
This aspect of limited representation allows a 205 licensee to facilitate a real estate transaction by assisting 206 both the buyer and the seller, but a licensee will not work to 207 represent one party to the detriment of the other party when 208 acting as a transaction broker to both parties. 209 210 ................I agree that my agent may assume the role and 211 duties of a transaction broker. [must be initialed or signed] 212