What is a Single Agent?

A single agent is a real estate professional representing the buyer or the seller with complete fiduciary duties. Unlike the default relationship used in Florida called a transaction broker, a single agent is loyal to the party they represent and, under Florida law, refers to real estate clients as customers rather than clients, regardless of the level of representation, which reflects the state's regulatory framework for brokerage relationships.

In Florida, individuals not in a single agency relationship with a real estate agent are called customers. A customer works with a real estate professional but does not receive full representation or fiduciary duties as they would in a single agency relationship and provides limited services, such as assistance with paperwork and transactions. In contrast, those in a single agency relationship are typically referred to as clients, as they receive full representation, including loyalty, confidentiality, and other fiduciary duties from their agent.

For example, in a Transaction Broker Relationship, the real estate professional provides limited assistance to both the buyer and the seller, treating both parties as customers. This means the agent helps facilitate the transaction but does not fully advocate for either side.

On the other hand, in a single agent relationship, the person being represented is often called a client, not a customer. The client receives the highest loyalty, advocacy, and legal protection from the agent. The process involves formalizing the agent’s fiduciary duties to switch from a transaction broker to a single agent relationship. Here’s how it works:

• Signing a Single Agent Notice: The real estate agent and the customer must sign a document called a Single Agent Notice. This formal agreement establishes the Single Agent Relationship, where the agent now has fiduciary duties to the customer, such as loyalty, confidentiality, and full disclosure. The agent will exclusively represent and advocate for the customer’s best interests.

• Transitioning Back to Transaction Broker: If the same brokerage represents both the buyer and seller, the agent may need to transition back to a Transaction Broker role to avoid conflicts of interest. In this case, the agent’s responsibilities are reduced, and they will no longer provide full representation to either party. This transition requires written consent from the customer to ensure they agree to the change in the agent’s role.

This process helps clarify and formalize the different levels of representation the agent can provide, ensuring the customer understands how the agent’s duties will change depending on the situation.