Most people moving to Florida assume that when they hire a real estate agent, that agent is legally obligated to protect their interests, keep their information confidential, and put their needs first.
They’re often wrong.
In Florida, the default relationship is something most buyers and sellers have never even heard of — and it leaves them with far less protection than they expect. This is one of the most misunderstood (and quietly risky) parts of buying or selling real estate in our state.
In this eye-opening episode of the Real Estate Agent Man podcast, host Steve Martin Smith sits down with attorney Lauren Kohl of Gibson Kohl in Sarasota to expose the truth about real estate representation in Florida.
Listen to the full conversation (embedded Spotify player at the top of this post)
The Critical Difference: Represented vs. Not Really Represented
Transaction Broker (Florida’s Default Setting) This is what you automatically get unless you specifically request something else. The agent represents the transaction, not you. Their duties are very limited. They do not owe you full loyalty, they do not have to keep your information confidential, and they are not required to put your interests above everyone else’s.
Many buyers — especially from out of state — sign documents (often through DocuSign) and walk away believing they have a dedicated advocate. In reality, they usually have limited representation at best.
Single Agent (Full Representation) This is what most people think they’re getting. A true fiduciary relationship where the agent must:
- Put your interests first
- Keep your information strictly confidential
- Provide loyalty and full disclosure
This is the level of representation people expect when they hire an agent — yet it is not the default in Florida.
Important note: Florida law requires agents to disclose their relationship before any meaningful contact (showing homes, writing offers, etc.). However, this rule is not always followed. That’s why you must proactively ask: “Are you acting as my Single Agent or as a Transaction Broker?” and read every document carefully. Never assume you’re fully represented.
Why This Matters — A Real Example
Attorney Lauren Kohl shared a powerful story about a waterfront condo sale where strong single-agent representation protected the seller’s confidential motivations and saved her thousands of dollars. In the same situation, a transaction broker could have easily cost the client money by revealing too much or pushing for a quick compromise.
This isn’t just legal fine print. It’s real money and real peace of mind on the line.
The Smart Choice Most People Never Know They Have
At Slice of Florida Realty, we believe in full transparency. We clearly explain both options to every client and proudly offer Single Agency (full representation) to those who want it. We also strongly recommend using a real estate attorney for your closing instead of a title company. The cost difference is usually only a couple hundred dollars — but the protection is enormous.
Don’t Sleepwalk Through One of the Biggest Transactions of Your Life
Florida’s system was designed more for the industry’s convenience than for consumer protection. If you’re buying or selling here — especially if you’re moving from another state — you need to understand this difference.
Ready to work with someone who will actually represent you? Visit SliceofFlorida.com and tell us you want Single Agency representation.
And don’t miss the full podcast episode. Listen wherever you get your podcasts (Spotify, Apple, YouTube, etc.). It could be one of the most important conversations you have before buying or selling in Florida.
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
