The 2025 Realtor's Guide to Navigating Dual Agency in Florida

ARETSI
Oct 1
5 min read

Confused about dual agency in Florida real estate? Learn how Florida agents can navigate transaction brokerage safely, ethically, and effectively in 2025.

In the ever-evolving Florida real estate market of 2025, agents are doing more with less, competing harder, moving faster, and representing more clients across a wide range of deals. One issue that keeps surfacing? Dual agency.

It’s a term that sparks confusion, caution, and (sometimes) controversy.

But here's the catch: Dual agency is technically illegal in Florida. Instead, Florida uses a system called "transaction brokerage," which allows agents to work with both the buyer and seller in a limited capacity, without creating a fiduciary conflict of interest.

So how do you work within these legal boundaries and still provide excellent, ethical service to both sides of the deal?

Let’s unpack what every Florida real estate agent needs to know in 2025 about dual agency, transaction brokerage, and how to build trust in today’s ultra-competitive climate.

What Is Dual Agency?

Dual agency refers to a situation where a single real estate agent or brokerage represents both the buyer and the seller in the same transaction. It’s common in some states but prohibited in Florida due to the legal and ethical challenges it presents.

A true dual agent would owe full fiduciary duties (like loyalty, confidentiality, and full disclosure) to both parties, which creates an obvious conflict of interest.

Imagine trying to get the best price for your seller, while also trying to get the lowest price for your buyer. It doesn’t add up.

What Does Florida Use Instead? Transaction Brokerage

Florida law prohibits dual agency under Chapter 475 of the Florida Statutes. Instead, it offers something more flexible: transaction brokerage.

A transaction broker does not represent either party in a fiduciary capacity but rather provides limited representation to facilitate a smooth, lawful transaction.

Under this framework, the agent must:

Deal honestly and fairly
Account for all funds
Use skill, care, and diligence
Disclose all known facts materially affecting the value of residential real property
Present all offers and counteroffers in a timely manner
Maintain limited confidentiality

This means the agent can assist both parties without fully "representing" either side in the traditional sense.

Why Agents Are Leaning Into Transaction Brokerage in 2025

As of 2025, Florida's real estate landscape has seen several shifts:

More deals are happening quickly due to tech-based platforms and AI-enhanced listings.
Inventory remains tight, increasing competition among agents and brokerages.
Out-of-state buyers (especially from New York, California, and Illinois) are relying more on single-agent guidance for simplicity.
Teams and brokerages are expanding, making intra-office dual representation more common.

In this environment, working both sides of the deal (under the right license status) helps agents maximize opportunities while still staying compliant.

The Pros of Transaction Brokerage (for Agents & Clients)

✅ Efficiency: When one agent handles both sides, communication is streamlined. There’s less chance of "broken telephone."

✅ Smoother closings: The agent can help coordinate title services, inspections, and lender communication more seamlessly.

✅ Neutral guidance: Some clients prefer having a professional who isn’t advocating strongly for one side but rather helping both get to the finish line.

✅ Legal compliance: In Florida, transaction brokerage allows you to navigate this space legally without risking license violations.

✅ Marketing leverage: You can market a listing and help incoming buyers directly, which can reduce days on market.

The Cons (and What to Watch Out For)

🚫 Loss of advocacy: Buyers or sellers looking for strong negotiation support may feel underserved.

🚫 Perceived bias: Even if you’re neutral, clients may still question your fairness.

🚫 Risk of misunderstanding: If the role of a transaction broker isn’t clearly explained, clients might feel misled.

🚫 Increased liability: If something goes wrong, you’re the common thread—and potentially the first target for blame.

How to Ethically Navigate Transaction Brokerage in 2025

Here’s how Florida agents can build trust, stay compliant, and still win both sides of a transaction:

1. Disclose Early and Clearly

Explain your role as a transaction broker from the first contact. Use the "Notice of Nonrepresentation" and "Transaction Broker Notice" forms as required. Educate your client, don’t just ask for a signature.

2. Use Scripts to Communicate Value

You don’t have to say, “I don’t represent you.” Instead, say:

"As a transaction broker, I can help facilitate a smooth process for both sides, ensuring everything moves forward fairly, legally, and efficiently. If you prefer full representation, I can refer another agent."

3. Stay Neutral But Informed

While you can’t advocate, you can provide facts:

Market trends
Comps and data
Inspection options
Title insurance explanations

Just be sure not to advise one party in a way that disadvantages the other.

4. Document Everything

In 2025, real estate transactions involve more emails, texts, and digital tools than ever. Use your CRM to keep detailed notes. Confirm key decisions in writing.

5. Partner With a Trusted Title Company

When you’re juggling both sides of the deal, you need a neutral, responsive, and knowledgeable title partner to ensure smooth closings.

ARETSI works with agents across Tampa, Orlando, Riverview, and beyond to streamline closings, educate buyers and sellers, and reduce liability.

FAQs About Transaction Brokerage in Florida

Q: Can I represent both parties as a single agent in Florida? A: No. Single agency for both sides would be considered dual agency, which is illegal in Florida.

Q: Do I need to get the client’s written consent to act as a transaction broker? A: Yes, in residential transactions, the appropriate disclosures and acknowledgements are required.

Q: What if one client wants full representation? A: You must transition to single agency for one party and refer the other, or both parties must agree to limited representation.

Q: Can my brokerage handle both sides if different agents are involved? A: Yes. That’s called designated agency, which is allowed in some states but not in Florida. Florida still treats both agents as transaction brokers.

Final Thoughts

In 2025, real estate agents are balancing more roles than ever: marketer, negotiator, educator, and tech-savvy guide. When you’re also facilitating both sides of a transaction, it’s essential to do so ethically and transparently.

Florida's transaction brokerage model gives you the legal flexibility to manage both buyer and seller, as long as you disclose, communicate, and maintain professionalism throughout.

By mastering this model and partnering with experienced title experts like ARETSI, you can close more deals, minimize risk, and build long-term trust in your market.

📍 Ready to streamline your next dual-sided deal?

✅ Visit www.aretsifl.com

✅ Call us at (813) 876-4373

✅ Leave us a review: https://g.page/r/CVwkryOuOOJUEAE/review

Signature:

All Real Estate Title Solutions Inc. (ARETSI)

Your Trusted Partner in Title Insurance

1430 W Busch Blvd, Tampa, FL 33612

2831 Allegra Way, Lutz, FL 33559 (By Appointment Only)