12/17/25 Chapter 475.278, Florida Statutes — Presumption of Brokerage Relationship

On 12/17/2025 2:30 PM, Werner Heidbuechel wrote:

To: Representative Toby Overdorf
CC: Please see below following the message.
From: Werner Heidbuechel, Florida Licensed Real Estate Broker
Date: 12/17/2025
Re: Chapter 475.278, Florida Statutes — Presumption of Brokerage Relationship
Attachments: Tanya Monestier Settlement Objection Guide; Florida Realtors Pac Endorsemen; Three Realtors Join Florida Legislature
I. Purpose
This memorandum provides a formal follow-up to prior communications and a telephone discussion on December 12, 2025, regarding Section 475.278, Florida Statutes. The purpose of this memorandum is to request consideration of statutory reform to change the default presumption of brokerage representation from transaction broker to single agent, and to outline consumer-protection concerns associated with the current statutory framework.
II. Background and Disclosures
For transparency, the following disclosures are provided:
I am a Florida-licensed real estate broker.
Approximately eighty percent (80%) of Florida lawmakers, including the recipient of this memorandum and Senator Gayle Harrell, have received endorsements from the Florida Realtors® Political Action Committee (PAC).
Despite multiple attempts, Senator Harrell has not responded to prior outreach. A member of her staff advised that, absent support from the Florida Realtors® Association, this issue would likely not advance.
All constitutional amendments in Florida require approval by a sixty percent (60%) voter supermajority.
In addition, Florida Realtors® has publicly acknowledged its direct legislative presence through an organized Realtor Caucus. As stated by Gia Arvin, 2024 President of Florida Realtors®:
“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. 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.” Please view here (Please see attachment Three Realtors Join Florida Legislature)
Florida Realtors® has identified fifteen (15) sitting lawmakers as members of the Realtor Caucus (listed by district). This formalized presence of licensed real estate professionals within the Legislature further underscores the institutional influence of the real estate industry in the development and preservation of Florida’s real estate statutes.
Collectively, these facts indicate that the Florida Realtors® PAC and affiliated legislative structures exert substantial influence over real estate–related legislation and the statutory framework.
III. Policy Question Presented
Will you support amending Chapter 475, Section 278, Florida Statutes (2024), to change the default presumption of representation from transaction broker to single agent?
Attached correspondence from October and November 2024 provides additional context and analysis of this issue.
IV. Consumer-Protection Concerns
The current statutory framework appears to disproportionately benefit real estate brokerage firms at the expense of consumer clarity and fiduciary accountability. If this assessment is disputed, the following questions warrant direct responses:
How does the presumption of transaction brokerage benefit a buyer or seller who is not represented in a true fiduciary capacity?
How does the lack of clear, affirmative disclosure regarding the nature of brokerage representation serve the interests of consumers?
Why is the financial benefit to brokerages under transaction brokerage not clearly disclosed in state law or in standard real estate forms, while other disclosures are expressly required?
Are you aware that transaction broker representation is the only statutory structure that permits brokerages to receive compensation from both sides of a transaction?
Example of Consumer Risk Under Current Law
Florida law presumes real estate licensees act as transaction brokers unless a single-agent agreement is made in writing. In this role, brokers owe limited duties and are not required to place a seller’s interests above a buyer’s. As a result, a seller may believe the broker is acting as an advocate when the broker may instead prioritize closing the deal or terms favorable to the buyer. Without fiduciary loyalty, this structure can create conflicts of interest that consumers may not fully understand unless they choose single-agent representation.
V. Recommended Stakeholder Input
If legislative staff or the sponsoring office is unable to address these questions directly, it is respectfully recommended that written responses be solicited from the following stakeholders and shared with all parties:
Florida lawmakers with experience or familiarity in real estate regulation
Florida House of Representatives
Rep. Jason Shoaf – member of the Tallahassee Board of Realtors®
Rep. Robert Brackett – member of the Realtors® Association of Indian River County
Rep. Rachel Plakon – member of the Orlando Regional Realtor® Association
Rep. Susan Plasencia – employee of the Orlando Regional Realtor® Association
Rep. Jose Alvarez – member of the Osceola County Association of Realtors®
Rep. James Buchanan – member of the Realtor® Association of Sarasota and Manatee
Rep. Danny Nix – member of the Realtors® of Punta Gorda–Port Charlotte–North Port–DeSoto
Rep. Yvette Benarroch – member of the Marco Island Area Association of Realtors®
Rep. Lauren Melo – member of the Naples Area Board of Realtors®
Rep. Jim Mooney – member of the Florida Keys Board of Realtors®
Florida Senate
Sen. Jason Brodeur – member of the Orlando Regional Realtor® Association
Sen. Jim Boyd – affiliate member of the Realtor® Association of Sarasota and Manatee Counties
Sen. Joe Gruters – affiliate member of the Realtor® Association of Sarasota and Manatee
Sen. Kathleen Passidomo – affiliate member of the Naples Area Board of Realtors®
Sen. Ana Maria Rodriguez – employee of the Miami Association of Realtors®
Board Members of the Broward, Palm Beaches & St. Lucie Realtors® Associations
Jonathan Lickstein, Christopher Krzemien, Jonathan Dolphus, Amanda Geller, Mark Noviello
The Florida Realtors® Organization
Tim Weisheyer, Juana Watkins, Jeff Levine, Giana Arvin, Jorge Guerra, Chuck Bonfiglio
Members of the National Association of Realtors®
Kevin Sears, Mike Rode, Charlie Lee, Chloe Hecht, Christine E. Hansen, JD McClintock
VI. Observations Regarding Legislative Incentives
After learning that approximately eighty percent (80%) of Florida lawmakers have received endorsements from the Florida Realtors® PAC, the limited interest in reforming Section 475.278 is less surprising. Please see attachment Florida Realtors PAC Endorsement.
A critical question remains unresolved: why have none of the individuals or organizations identified above, either individually or collectively, provided any response to these straightforward inquiries, including your office?
This complete and uniform silence gives rise to a reasonable and unavoidable conclusion: that any substantive response would necessarily expose the true nature of the arrangement and raise serious questions regarding the conduct, judgment, and potential conflicts of interest of:
a) lawmakers who accepted endorsements yet failed to exercise independent oversight or act in the best interests of their constituents; and
b) individuals occupying leadership positions within the professional organization who possess full knowledge that the existing framework disproportionately benefits brokerages, while doing so at the expense of buyers and sellers.
The continued refusal to respond only reinforces these concerns and underscores the need for formal scrutiny and independent review.
From an objective perspective, the current statute appears to produce two primary beneficiaries:
Real estate brokerage firms; and
Lawmakers endorsed by the Florida Realtors® PAC.
If this conclusion is disputed, clarification is requested as to how the existing statutory framework meaningfully advances the best interests of buyers and sellers.
VII. Related Issues: Association Forms and Class-Action Settlement
Concerns also remain regarding association-provided real estate forms. As detailed in correspondence dated November 4, 2024, the recent class-action settlement has not resulted in substantive, consumer-facing reform. Contractual mechanisms currently in use continue to preserve brokerage advantages.
By way of example, while buyers are now ostensibly able to negotiate commissions, the underlying economic incentives remain unchanged when a buyer attempts to avoid paying commission by dealing directly with the listing agent. This workaround has been previously explained and can be addressed again upon request.

VIII. Additional Industry Developments
On October 28, 2024, a law professor submitted a 136-page objection to the National Association of Realtors® settlement, asserting that it perpetuates inflated, seller-paid commissions and provides only an “illusion of change,” rather than meaningful reform.
Referenced materials include:
Realtor “Workarounds” and Attorney Fees Identified in NAR Settlement Objection
https://nowbam.com/realtor-workarounds-attorney-fees-called-out-in-nar-settlement-objection/
Objection to NAR Settlement (136-page filing by Professor Tanya Monestier)
https://www.law.buffalo.edu/news/24oct28-monestier.html
Tanya Monestier Settlement Objection Guide (Please see attached)
Realtors are Breaching the Settlement and Engaging in Workarounds
Adopting Anti-Consumer Practices Post-Settlement Designed to Maintain Artificially High Commissions
Settlement Has Caused Mass Confusion for Sellers and Buyers
Unresolved Ambiguities
Lack of an Effective Enforcement Mechanism
Value of Injunctive Relief is Overstated

IX. Conclusion
The issues raised herein implicate consumer transparency, fiduciary accountability, and public confidence in Florida’s real estate regulatory framework. Legislative review and potential reform of Section 475.278 warrant serious consideration.
Respectfully submitted,
Werner Heidbuechel
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Werner Heidbuechel
Nobs Realty LLC
Phone: (772) 708-2309
E-Mail: [email protected]