• Unchanged Industry Practices: Despite a landmark class-action lawsuit, high-profile settlements, and promised reforms, real estate practices remain virtually unchanged on the ground.

• Ongoing Brokerage Control: Brokerages and agents retain firm control over the transaction process, keeping home prices artificially inflated while consumers absorb the cost.

• Embedded Consumer Costs: Home buyers are still forced to foot the bill for representation—even when they explicitly choose to forgo an agent to avoid paying commission fees.

• Illusion of Choice: The system remains structured so that brokerage fees are baked directly into the overall transaction, protecting industry profits while offering buyers a false sense of savings and consumer choice.

• Lack of Representation Disclosures: Consumers are routinely left in the dark about the exact nature—or total absence—of true agency representation throughout the transaction.

• Pervasive Limited Representation: Brokerages default to limited representation (Transaction Brokerage) primarily to position themselves to collect commissions from both sides of the deal.

• Inherent Conflicts of Interest: Agents operating under the same brokerage can prioritize the brokerage’s overall financial interests rather than those of the clients—even when one agent purports to represent the buyer and another represents the seller.

Why do Florida lawmakers, the Florida Realtors® Association, regional real estate associations, and the National Association of Realtors (NAR) show no interest in changing:

• Florida Statute § 475.278, to move the legal default presumption from a Transaction Broker to a Single Agent relationship?

• Standardized Florida real estate forms, which appear designed to grant brokerages advantageous financial loopholes?

Consider the following dynamics:

• Roughly 80% of serving Florida lawmakers receive endorsements from the Florida Realtors® PAC.

• Over 98% of PAC-endorsed candidates won their 2024 elections (with 2025–2026 election outcomes pending).

• One House Representative—who belongs to that endorsed 80%—refuses to answer basic questions regarding these representation laws.

• 15 House Representatives who are directly affiliated with or connected to Florida real estate associations remain completely silent on the issue.

• “Realtors® spoke with a strong, unified voice during the 2024 general election, helping elect over 98% of Florida Realtors® PAC-endorsed candidates. This electoral momentum significantly expanded the Realtor® legislative caucus in Tallahassee, adding three newly elected Realtors® and affiliate members to bring the total caucus to 15 lawmakers.” | Florida Realtors

• Florida Realtors PAC has also made several 2025 special election endorsements that are listed below. Read Full Article

• “Our Realtor Caucus continues to grow each year as more of our members recognize the importance of having a Realtor voice in the room when critical decisions are being made about our industry and our ability to make a living,” says Gia Arvin, Florida Realtors 2024 President. “Tallahassee can be very unpredictable during the legislative session, but knowing we have 15 lawmakers who walk in our shoes every day and are looking out for our interests should give us all reassurance that the Realtor profession is in good hands in Florida.” Read Full Article

The following questions have been presented to Florida lawmakers, the National Association of Realtors®, Florida Realtors®, and several regional Realtor® associations. To date, they have declined or failed to provide substantive answers.

Why have these questions not been answered? Is it because answering them would acknowledge an awareness of the advantages the current statutory framework provides to brokerages? Would it also reveal that lawmakers and industry organizations understand the benefits and incentives created by the existing system but have chosen not to address them publicly?

I have also copied the U.S. Department of Justice, the Consumer Federation of America, and, most recently, several news outlets regarding these ongoing concerns within the real estate industry.

Questions

• Why does Florida law presume a Transaction Broker relationship instead of Single Agent representation? Shouldn’t a buyer or seller who pays thousands of dollars in real estate commissions be entitled, by law, to the highest level of representation and fiduciary service? If not, what is the public policy justification for this statutory structure?

• In what way does the statutory presumption of Transaction Brokerage benefit a buyer or seller who is not represented in a true fiduciary capacity?

• How does the absence of a clear, affirmative disclosure explaining the available brokerage relationships serve the interests of consumers?

• The financial advantages available to brokerages under the Transaction Broker model are not clearly disclosed in Florida law or in standard real estate forms. The current system is structured to appear neutral while preserving certain advantages for brokerages. Depending on the circumstances, brokerages may retain the full commission, reduce their legal liability, and facilitate transactions involving both buyers and sellers without clearly explaining these incentives or their potential implications to consumers. Why is this information not clearly disclosed?

• Agents within the same brokerage may share information internally between buyers and sellers, subject to applicable legal and ethical obligations, while the brokerage represents both sides of the transaction. This structure may create potential conflicts of interest, particularly where financial incentives could influence how representation is provided. Why are these potential conflicts not more clearly disclosed to consumers?

• Why are the financial advantages available to brokerages under the Transaction Broker model not clearly disclosed in Florida law or in the standard real estate forms provided to buyers and sellers?

Most recent email sent, including 25 New Outlets

Subject: Are Florida Realtors® Political Action Committee (PAC) Endorsements to ~ 80% of Florida Lawmakers Stalling Consumer Reform to benefit Florida Real Estate Brokerages?
Disclosure: Please be advised that the website https://beenduped.com/investment-real-estate/ is now live, and all correspondence related to this matter, beginning in August 2024, will be published in full in the interest of transparency. The public record will reflect that you were informed and that, as of this date, no substantive response has been provided.
To: Florida House Representatives, Florida Senators, Members of The National Association of Realtors, Members of the Florida Realtor Association, Board Members of the Realtors Broward | Palm Beaches | St. Lucie 
CC: Department of Justice, Consumer Federation of America, Florida Realtor State Associations, Florida News Outlets (25)
From: Werner Heidbuechel, Florida Licensed Real Estate Broker
Date: 02/03/2026
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