It’s Time for Local Dialogue on Clear Cooperation and Agency Duties.
Florida real estate professionals offering Single Agency Client Representation justifiably pride themselves on putting clients first—delivering loyalty, obedience to lawful instructions, and full transparency under Florida Statute 475.278. Yet some national policies create real tensions that deserve open, local discussion.
Take a real example from early 2025: Greg & Cheryl hired Slice of Florida Realty to list their home. They wanted a yard sign and “Coming Soon” online marketing to build neighborhood buzz while they packed, cleaned, and painted—without the hassle of showings during prep. By following Florida law and focusing on targeted, low-pressure exposure, we helped them get the price they wanted. They were thrilled when a young couple in the neighborhood spotted the sign, called their agent, and bought the home. Client-driven flexibility delivered a win for everyone before having to place the home on the MLS.
Not every brokerage can approach it this way. The Clear Cooperation Policy (CCP), adopted by NAR in 2020 and enforced by MLSs like Stellar (Florida’s largest), requires submitting listings to the MLS within one business day of any public marketing (broadly defined: signs, social posts, flyers, etc.). Violations are Level 3 severe at Stellar—fines up to $15,000 for repeats, hearings, or even MLS suspension. This forces a tough choice: Uphold single agency duties by honoring client instructions, or comply with MLS rules to avoid penalties.
If you’re a REALTOR®, think about sellers like Greg and Cheryl. You’d likely explain that NAR prohibits “Coming Soon” marketing like this. You might shift to transaction brokerage, dropping loyalty obligations. But what if the client wants true single agency loyalty and full service? What then?
This legal and ethical conflict deserves discussion if we want it resolved. In Florida, single agency demands prioritizing loyalty and obedience to lawful client instructions. Sellers might want limited marketing—no signs, no broad posts, targeted outreach—for privacy, family, or strategy reasons. Their reasons don’t matter—it’s their property. They have the right to hire a broker for any lawful services our license allows. That was standard before 2020.
Stellar’s 2025 adjustment (“Office Exclusive with Temporary Exclusion”) aimed to add seller options, but it introduced complexity without fully resolving the core issue. The only way many brokers can now offer unrestricted client representation without fear of discipline is to forgo NAR affiliation. With about 52% of Florida’s 420,000+ licensees being affiliated with NAR, and therefore carrying the title of REALTOR® (as of early 2025 data), this issue affects a huge part of the industry—yet it doesn’t get the attention it deserves.
My blog, the Real Estate Agent Man Podcast, and Slice of Florida Realty exist to help improve things for everyone. If this resonates, let’s move the conversation forward. Reach out, share experiences, or suggest discussion venues (association meetings, forums, panels?). Intentional dialogue can lead to real progress.
What ideas do you have to elevate transparency and service in Florida real estate? I’d love to hear them.
Fictional names were used for this article
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Steve Martin Smith, Broker
Lic# BK 3314145
Steve Martin Smith is the Broker/Owner of Slice of Florida® Realty and Host of the globally downloaded Real Estate Agent Man Podcast
(941) 894-9800
