Start with the relationship actually established
Florida Statutes § 475.278 addresses transaction brokerage, single agency, and no-brokerage relationships. It presumes transaction brokerage unless a single-agent or no-brokerage relationship is established in writing. A review begins with the listing or representation agreement, signed disclosures, any transition consent, and the sequence in which those documents were delivered.
The analysis also considers what the licensee told each party and how the brokerage behaved in the transaction. A label in a file is important evidence; it does not, by itself, explain every communication or decision.
Identify the particular duty at issue
Section 475.278 describes duties that differ by relationship. A transaction broker owes, among other duties, skill, care, and diligence; timely presentation of offers; and limited confidentiality unless waived in writing. Single agency includes duties such as loyalty, confidentiality, and full disclosure. A no-brokerage relationship has a separate set of duties. Those categories should not be merged into a general claim that an agent owed every duty in every transaction.
For example, a disputed conversation about a seller’s acceptable price raises questions about who communicated what, when, to whom, and whether there was a written waiver. A disclosure allegation raises different questions about what the licensee knew, whether the fact materially affected the value of residential property, and what the buyer could readily observe.
Records that make the question answerable
- Listing, buyer representation, and brokerage relationship documents, including any transition notice or written waiver.
- Offers, counteroffers, amendments, MLS history, and a transaction timeline.
- Relevant emails, texts, CRM notes, advertisements, and communications with the parties.
- The brokerage policies and training in effect at the time, when supervision is at issue.
The work is to connect a specific duty to a documented act or omission, state the assumptions, address contrary facts, and explain the limits of the conclusion. Counsel handles legal theories, causation, and the ultimate legal issues.