(1) For purposes of this part, in any real estate transaction other than a residential sale as defined in s. 475.278(5)(a), and where the buyer and seller have assets of $1 million or more, the broker at the request of the customers may designate sales associates to act as single agents for different customers in the same transaction. Such designated sales associates shall have the duties of a single agent as outlined in s. 475.278(3), including disclosure requirements in s. 475.278(3)(b) and (c). In addition to disclosure requirements in s. 475.278(3)(b) and (c), the buyer and seller as customers shall both sign disclosures stating that their assets meet the threshold described in this subsection and requesting that the broker use the designated sales associate form of representation. In lieu of the transition disclosure requirement in s. 475.278(3)(c)2., the required disclosure notice shall include the following:
FLORIDA LAW PROHIBITS A DESIGNATED SALES ASSOCIATE FROM DISCLOSING, EXCEPT TO THE BROKER OR PERSONS SPECIFIED BY THE BROKER, INFORMATION MADE CONFIDENTIAL BY REQUEST OR AT THE INSTRUCTION OF THE CUSTOMER THE DESIGNATED SALES ASSOCIATE IS REPRESENTING. HOWEVER, FLORIDA LAW ALLOWS A DESIGNATED SALES ASSOCIATE TO DISCLOSE INFORMATION ALLOWED TO BE DISCLOSED OR REQUIRED TO BE DISCLOSED BY LAW AND ALSO ALLOWS A DESIGNATED SALES ASSOCIATE TO DISCLOSE TO HIS OR HER BROKER, OR PERSONS SPECIFIED BY THE BROKER, CONFIDENTIAL INFORMATION OF A CUSTOMER FOR THE PURPOSE OF SEEKING ADVICE OR ASSISTANCE FOR THE BENEFIT OF THE CUSTOMER IN REGARD TO A TRANSACTION. FLORIDA LAW REQUIRES THAT THE BROKER MUST HOLD THIS INFORMATION CONFIDENTIAL AND MAY NOT USE SUCH INFORMATION TO THE DETRIMENT OF THE OTHER PARTY.
(2) For purposes of this section, the term “buyer” means a transferee or lessee in a real property transaction, and the term “seller” means the transferor or lessor in a real property transaction.
History.—s. 10, ch. 98-250; s. 7, ch. 99-384; s. 35, ch. 2003-164.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
Chapter 475 - Real Estate Brokers, Sales Associates, Schools, and Appraisers
Part I - Real Estate Brokers, Sales Associates, and Schools (Ss. 475.001-475.5018)
475.02 - Florida Real Estate Commission.
475.021 - Division of Real Estate.
475.03 - Delegation of powers and duties; legal services.
475.04 - Duty of commission to educate members of profession.
475.045 - Florida Real Estate Commission Education and Research Foundation.
475.05 - Power of commission to enact bylaws and rules and decide questions of practice.
475.15 - Registration and licensing of general partners, members, officers, and directors of a firm.
475.161 - Licensing of broker associates and sales associates.
475.17 - Qualifications for practice.
475.180 - Nonresident licenses.
475.182 - Renewal of license; continuing education.
475.23 - License to expire on change of address.
475.255 - Determination of agency or transactional brokerage relationship.
475.2755 - Designated sales associate.
475.37 - Effect of reversal of order of court or commission.
475.41 - Contracts of unlicensed person for commissions invalid.
475.42 - Violations and penalties.
475.451 - Schools teaching real estate practice.
475.4511 - Advertising by real estate schools.
475.453 - Rental information; contract or receipt; refund; penalty.
475.455 - Exchange of disciplinary information.
475.482 - Real Estate Recovery Fund.
475.483 - Conditions for recovery; eligibility.
475.4835 - Commission powers upon notification of commencement of action.
475.484 - Payment from the fund.
475.485 - Investment of the fund.
475.5015 - Brokerage business records.
475.5016 - Authority to inspect and audit.