I’m a Licensed Florida Real Estate Broker — And I Have Questions

What You Need To Know About The Florida Real Esate Business

What Actually Changed After the Sitzer/Burnett Class-Action Lawsuit, Jury Verdict, and NAR Settlement?

The Sitzer/Burnett lawsuit challenged real estate industry practices involving broker commissions and cooperative compensation. A jury found in favor of the plaintiffs in October 2023, and the National Association of REALTORS® (NAR) subsequently reached a settlement that received final court approval in November 2024.

The settlement resulted in changes to certain REALTOR® and MLS practices, including requirements concerning written buyer-broker agreements and how offers of buyer-broker compensation are communicated through MLSs.

But did these changes actually address the underlying issues affecting Florida home buyers and sellers?

As a licensed Florida real estate broker, I have examined the changes and compared them with Florida law, brokerage relationships, and the real estate forms currently used in Florida.

From my perspective, the fundamental issues I have identified have not been adequately addressed.

But don’t take my word for it.

I will present the facts, documents, laws, real estate forms, and questions—and you decide whether the changes went far enough.

The following are questions I sent by email to

• Members of the National Association of Realtor
• Members Florida Realors® (State Association)
• MemberLocal / Regional Associations
• Florida Lawmakers which of 100 of 120 House Representatives and 16 of 40 Senators are endorsed by the the REALTOR® PAC Endorsed
• 15 Florida lawmakers have direct ties to Florida REALTOR® associations. These members are listed here.

and have NOT been answered. Why the Silence?

Here are some of the questions.

• What specific benefit does Transaction Brokerage provide to a Florida buyer and or seller?
  My answer: Video in the making
  
  
• Why should limited, nonfiduciary representation be Florida’s legal presumption instead of Single Agency?
  My answer: Because the current set-up benefits the brokerages/agents. Video in the making
  
  
• Why shouldn’t every buyer and seller receive a clear written Disclosure of Representation at the beginning of the relationship explaining Single Agent, Transaction Broker, and No Brokerage Relationship?
  My answer: Video in the making
  
  
• In an in-house transaction involving both buyer and seller, who is obligated to place each individual consumer’s interests ahead of the brokerage’s financial interest in closing the transaction?
  My answer: Video in the making
  
  
• If a buyer proceeds without a buyer’s agent believing this will save the buyer-broker compensation, what happens to that compensation under the current listing forms? Can the listing brokerage receive or retain additional compensation, and if so, why isn’t that prominently disclosed?
  My answer: Video in the making
  

I would particularly appreciate an individual response from each Board member to the following two questions:

Will you, as an individual Board member:

• support changing Florida Statute §475.278 from the presumption of Transaction Brokerage to the presumption of Single Agency?

• Will you, as an individual Board member, support changing the applicable Florida real estate forms to remove what I consider compensation “loopholes” and make brokerage compensation completely transparent to buyers and sellers?

If your answer is NO, please explain why you believe Transaction Brokerage should remain Florida’s presumed relationship and identify the specific benefit that maintaining that presumption provides to Florida home buyers and sellers.
The full email is posted here

I going to provide an overview of key information. I will also present a detailed timeline beginning with the class action lawsuits, the court verdicts and settlements.

I will examine whether the settlements, which exceeded $1.8 billion, resulted in meaningful changes or whether the current system continues to benefit brokerages while allowing political influence through endorsements and campaign contributions, potentially at the expense of Florida home buyers and sellers.

According to public campaign finance records, Florida Realtors® PAC has spent tens of millions of dollars on political activities in Florida, including campaign contributions, political committees, advertising, and other election-related expenditures. In the 2024 election cycle, approximately 75-80% of Florida lawmakers were endorsed by Florida Realtors® PAC. View list here.