The rule in Florida
In Florida, dual agency is prohibited; transaction brokerage is presumed.
What it’s called: transaction broker / single agent.
Citation: Fla. Stat. 475.278.
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The required form
The conflict in a multiple-offer situation
When the listing agent also represents one of the buyers, every other buyer will wonder whether that buyer saw something they didn’t. In Florida that agent can’t be a dual agent at all, so the brokerage must use transaction broker / single agent, or the buyer works with another brokerage.
Prior-offer disclosure: 475.278(1)(a): 'A real estate licensee may not operate as a disclosed or nondisclosed dual agent'.
Florida’s rule on sharing offers still applies to everyone: Chapter 475/FREC 61J2 single-agent 'limited confidentiality' runs to the client; a competing buyer's offer is not protected. Allowed with seller consent. See the Florida disclosure rule →
Designated agency as the alternative
Florida doesn’t use designated agency in the same way; transaction broker / single agent applies instead. The simplest option in a multiple-offer situation is for the buyer to work with an agent at another brokerage.
Questions
Is dual agency legal in Florida?
In Florida, dual agency is prohibited; transaction brokerage is presumed.
Can a dual agent disclose other offers in Florida?
No one may act as a dual agent, and one buyer’s offer terms stay confidential from another. The seller must also authorize any disclosure, under Florida’s disclosure rule.
What form is required for dual agency in Florida?
Transaction Broker Notice / Single Agent Disclosure.
General information, not legal advice. Confirm with your broker or your state real estate commission.