Quote:
Originally Posted by retiredguy123
The Wikipedia link refers to a dual agency relationship, which is allowed in some states, but it is prohibited by Florida law. I think that almost all real estate transactions in The Villages are based on a single agency listing contract where the broker represents the seller. But, I would like to know if there are any agents who do offer a buyer's agent contract, because that would be the best way to buy a house.
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In Florida a transactional agency is presumed.
75.278 Authorized brokerage relationships; presumption of transaction brokerage; required disclosures.—
(1) BROKERAGE RELATIONSHIPS.—
(a) Authorized brokerage relationships.—A real estate licensee in this state may enter into a brokerage relationship as either a transaction broker or as a single agent with potential buyers and sellers. A real estate licensee may not operate as a disclosed or nondisclosed dual agent. As used in this section, 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. 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 consent as required by subparagraph (3)(c)2. 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.
(b) Presumption of transaction brokerage.—It shall be presumed that all licensees are operating as transaction brokers unless a single agent or no brokerage relationship is established, in writing, with a customer.
From:
Statutes & Constitution
:View Statutes
:
Online Sunshine
I imagine the developer's agents act solely as seller's agents when selling new homes. Whether Villages' listing agents may handle resales as either transactional agents or as seller's agents is an open question to me. MLS agents may legally choose either option but whether an individual agent can go either way likely varies with office policies. I do not know if Villages' agents are allowed to contract as buyers' agents. Probably not as all sales are through the single company.