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Florida Brokerage Relationship Disclosure

A required Florida disclosure that explains the brokerage relationship being offered to a consumer and must be delivered before providing real estate services, with a signature required if the agent performs non-ministerial (advisory) duties.

Download: Florida Brokerage Relationship Disclosure 

This document is required under Florida law to disclose the type of brokerage relationship offered to a consumer before providing real estate services beyond ministerial acts. It explains the differences between Transaction Broker, Single Agent, and No Brokerage Relationship, along with the duties owed in each relationship.

This disclosure must be delivered to all prospective buyers and sellers at the appropriate time in the transaction to ensure compliance with Florida Statute Chapter 475.

 

When This Disclosure Is Used

This document is used at the very beginning of any interaction with a consumer where real estate services may be provided.

It should be:

  • Provided before or at first substantive contact
  • Used in both buyer and seller interactions
  • Delivered prior to showing property, discussing offers, or giving advice

If there is any doubt, the safest approach is to send it early.

 

How This Document Is Used

The disclosure is typically:

  • Sent via email, text, or document system as part of initial outreach
  • Included in listing presentations or buyer consultations
  • Stored in the transaction file for compliance tracking

It is primarily a disclosure and acknowledgment document, not a contract.

 

When a Signature Is Required

A signature is only required when the agent is performing non-ministerial duties.

Non-ministerial duties include:

  • Giving advice or recommendations
  • Discussing pricing, strategy, or negotiation
  • Interpreting market data
  • Presenting offers with guidance
  • Acting in a way that influences decision-making

In these cases:

  • The consumer must sign the disclosure acknowledging the brokerage relationship
  • This creates a documented record that the relationship was disclosed before providing advisory services

 

When a Signature Is NOT Required

A signature is not required when the agent is performing ministerial acts only.

Ministerial acts include:

  • Providing factual information
  • Showing property without commentary or advice
  • Scheduling appointments
  • Providing access to listings
  • Answering basic, non-advisory questions

In these situations:

  • The disclosure should still be sent to the consumer
  • But it does not need to be signed
  • The agent must avoid crossing into advisory or opinion-based communication

 

Key Compliance Principle

The moment an agent moves from information to advice, the interaction becomes non-ministerial and a signed disclosure is required.

Agents should default to:

  • Send early
  • Get it signed before advising
  • Document everything

 

Internal Best Practice (Easy Realty Standard)

At Easy Realty, agents are expected to:

  • Send this disclosure immediately upon engaging a new lead
  • Obtain a signature before providing any guidance or recommendations
  • Upload the signed version to the transaction file when applicable

 

This ensures clean compliance, reduces risk, and keeps every file audit-ready.