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Florida Real Estate Agent Listing Agreement

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Florida Real Estate Agent Listing Agreement

Updated April 22, 2024

A Florida real estate agent listing agreement is a contract that establishes terms and conditions for the sale of a residential or commercial property. After accepting representation by an agent, a property seller will use the agreement to define the price they wish to earn from the sale as well as the commission rate (%) or fee ($) offered to the agent for their listing services and other duties. The contract will specify a beginning and expiration date to establish the period of time in which the agreement will be effective. While the agreement is valid, the agent will have the legal right to list the property in accordance with the seller’s terms and to receive a commission upon the completion of the sale.

Agency Disclosure – Florida law requires real estate agents to provide buyers or sellers with a written disclosure describing the agent’s duties. The disclosure must be made and delivered to the individual prior to, or at the same time as, the execution of a listing agreement or other representation document.[1]

  • Single Agent Disclosure Form (Adobe PDF, MS Word) – For agents representing one (1) party in the transaction such as a seller or buyer.

Dual Agency – Illegal in Florida. Although, the agent may act as a transaction broker.[2]

  • Transaction Broker Disclosure Form (Adobe PDF, MS Word) – Required to be signed or initialed by the buyer or seller if the agent is to change from a single agent relationship to a transaction broker.

Property Disclosure Statement – According to Florida case law, a property seller will need to deliver this disclosure statement to buyers in order to notify them of material defects affecting the value of their property.[3]

Search a Licensee – Use this search option to investigate the credentials a Florida real estate agent.

Sources

  1. § 475.278
  2. § 475.278(1)(a)
  3. Johnson v. Davis, 480 So.2d 625