What are the 3 commission representation types in FL?

Modified on Tue, Aug 27, 2024 at 12:30 AM

These fees are used to record the percentage, dollar amount, or both of commission, decided by the seller in the listing agreement, to be paid to the selling broker. (The selling broker is the REALTOR that brings you the buyer) These fees ARE NOT combined, but they show that you are willing to offer a commission to a REALTOR who is the procuring cause of the transaction. The State of Florida requires that a real estate licensee MUST work with their client in ONE of the three representation types listed below: 

  1. Trans Broker Fee % or $ - A transaction broker provides limited representation to a buyer, a seller, or both in a real estate transaction, but does not represent either in a fiduciary capacity. The licensee can "work for the contract" without being an advocate for either party. Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties.  
    • (Every R.E. licensee working in FL is automatically assumed to be operating in this manner unless they have disclosed one of the other options to you in writing.)
      • (Please note that a R.E. licensee working in FL can ONLY be operating in 1 of these 3 categories!!  They may NEVER be duplicated.)
  2. Buyer Agent Fee % or $- Buyer agency exists when the broker represents the buyer exclusively in a real estate transaction. Buyers receive the greatest benefits from this form of single agent representation. A single agent represents, as a fiduciary, either the buyer or seller, but not both, in the same transaction. Being a single agent broker does not mean, however, that there must be two brokers in every transaction. A single agent broker who represents the buyer may work with a seller as a non representative.
    • (In order for a R.E. licensee working in FL to be known as a Buyer Agent and to be operating in this manner they must have disclosed these options to you in writing.)
  3. Non-Rep Fee % or $ - A broker who does not have a brokerage relationship with a buyer or seller. 
    • (In 99.9% of our Flat Fee MLS Listings we have disclosed that the Non-Rep Representation model is the model that we are contractually agreed to in writing with you. To confirm, please see the copy of the MLS listing that we sent to you when you listed your property.  This will show and prove our status.)
      • (Please note that a R.E. licensee working in FL can ONLY be operating in 1 of these 3 categories!!)



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