To: Representative Toby Overdorf
From: Werner Heidbuechel, Florida Licensed Real Estate Broker
Date: 01/05/2026
Re: Request for Explanation and Follow-Up |Chapter 475.278, Florida Statutes — Presumption of Brokerage Relationship
Attachments: 

I write to formally ask whether any of the individuals or organizations listed below have provided a response to the correspondence that follows below this message dared 12/17/25. If no responses have been received, I request an explanation as to why these clear statutory and consumer-protection questions have gone unanswered by all parties identified, notwithstanding their direct role in or influence over Florida’s real estate regulatory structure.

Representative Overdorf you will receive a separate correspondence addressing Florida real estate forms. That correspondence documents how current form language enables brokerages to collect compensation attributable to both sides of a transaction even when a buyer is unrepresented. This creates the appearance of consumer savings while, in practice, the commission that would have been paid to a buyer’s agent is redirected to the listing brokerage. Stated plainly, the structure preserves brokerage compensation while offering buyers the illusion of change. A copy of an email that was sent out on 11-04-24 is attached. 

Please recall that during our phone conversation, I offered to meet with you and the real estate professionals you contacted regarding this matter. You declined that offer immediately. You also declined my request for a three-way phone call.

Can you explain why both options were declined?

It reasonably appears that such a discussion may have been avoided because the issues raised in the email below;specifically those set forth in Paragraph IV, Consumer-Protection Concerns, of my December 17, 2025 correspondence cannot be meaningfully rebutted.

Accordingly, I would like to make the following suggestion. Please consider forwarding this email, along with my December 17, 2025 email below, to the relevant lawmaker(s) and members of the listed real estate association, and asking the following question:

“Given that I, Toby Overdorf, do not possess the same level of familiarity with real estate matters, can someone provide clear and substantive responses to the questions raised in Paragraph IV, Consumer-Protection Concerns, of the December 17, 2025 email?”

Doing so would help clarify whether there is a genuine interest in establishing the facts, or whether the objective is instead to protect the interests of the real estate industry and preserve endorsements, particularly given that approximately 80% of Florida lawmakers received endorsements from the Florida Realtors® Political Action Committee (PAC) during the 2024 election.

If nothing is wrong or questionable with the existing framework under §475.278, then a straightforward explanation should be easy to provide. Continued silence reasonably suggests that such a defense cannot be made.

Please be advised that copies of this correspondence, along with all related communications, will be published on a dedicated website (link to be provided within the next 48 hours) and shared with Florida and national news outlets. This action is taken in the interest of transparency, so that Florida home buyers and sellers may independently evaluate how the current system operates and determine whether it prioritizes consumer protection or instead preserves advantages for business interests and lawmakers involved in shaping the regulatory framework.

Thank you for your time. I look forward to your response.

To: Representative Toby Overdorf
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.

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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 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.

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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.

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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.

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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

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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.

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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.

 

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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

 

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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]