Subject: Are Florida Realtors® Political Action Committee (PAC) Endorsements to ~ 80% of Florida Law Makers Stalling Consumer Reform to benefit Florida Real Estate Brokerages?
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 (17)
From: Werner Heidbuechel, Florida Licensed Real Estate Broker
Date: 02/03/2026

Is the fact that approximately eighty percent (80%) of Florida lawmakers have received endorsements from the Florida Realtors® Political Action Committee (PAC) the reason no meaningful interest has been shown in addressing the following consumer-protection questions. The following quote from the 2024 Florida Realtors President, Gia Arvin probably says it all.

“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 the full article dated 11/19/2024 reported by Tom Butler

I assume that you still hope that I will simply go away and that the information provided in the emails below, exposing business practices related to the real estate industry and the individuals involved, will be ignored.

News outlets will receive copies of the emails and a link to the website where they will find correspondence involving the individuals connected to this matter, beginning in August 2024. Additional information will be posted on https://beenduped.com – How Influenced Is The Florida’s Real Estate System? – Let’s check the facts

Let us begin with the central question. Is the fact that approximately eighty percent (80%) of Florida lawmakers have received endorsements from the Florida Realtors® Political Action Committee (PAC) the reason no meaningful interest has been shown in addressing the following consumer-protection questions, while continuing to protect real estate brokerage firms?

• How does the presumption of transaction brokerage benefit a buyer or seller who is not represented in a true fiduciary capacity?

• How does the absence of clear, affirmative disclosure regarding brokerage representation serve the interests of consumers?

  The financial benefit to brokerages under transaction brokerage is not disclosed in state law or standard real estate forms because the system is designed to appear neutral while preserving brokerage advantages. Brokerages can retain full commissions, reduce liability, and control both sides of a transaction without clearly explaining these incentives to consumers.

  Agents within the same brokerage may also share information from buyers or sellers and prioritize their own or the brokerage’s financial interests. Depending on market conditions, agents may shift practical loyalty to whichever side secures a commission faster, placing compensation ahead of true representation—an inherent conflict that is not plainly disclosed.

• Why is the financial benefit to brokerages under transaction brokerage not clearly disclosed in state law or in standard real estate forms?

• Are you aware that transaction broker representation is the only statutory structure that permits brokerages to receive compensation from both sides of a transaction?

Buyers and sellers are paying the compensation, yet the Florida Statute (§475.278), Presumption of Transaction Broker, in combination with new and updated real estate forms, clearly favors brokerages.

Lawmakers With Direct Real Estate Expertise Who Have Not Responded

Fifteen (15) Florida lawmakers with experience or familiarity in real estate regulation, and therefore familiarity with Florida Statute §475.278, brokerage relationships, and association-issued real estate forms, have remained silent despite repeated written communications.

Florida House of Representatives

• Rep. Jason Shoaf – Member, Tallahassee Board of Realtors®

• Rep. Robert Brackett – Member, Realtors® Association of Indian River County

• Rep. Rachel Plakon – Member, Orlando Regional Realtor® Association

• Rep. Susan Plasencia – Employee, Orlando Regional Realtor® Association

• Rep. Jose Alvarez – Member, Osceola County Association of Realtors®

• Rep. James Buchanan – Member, Realtor® Association of Sarasota and Manatee

• Rep. Danny Nix – Member, Realtors® of Punta Gorda–Port Charlotte–North Port–DeSoto

• Rep. Yvette Benarroch – Member, Marco Island Area Association of Realtors®

• Rep. Lauren Melo – Member, Naples Area Board of Realtors®

• Rep. Jim Mooney – Member, Florida Keys Board of Realtors®

Florida Senate

• Sen. Jason Brodeur – Member, Orlando Regional Realtor® Association

• Sen. Jim Boyd – Affiliate Member, Realtor® Association of Sarasota and Manatee Counties

• Sen. Joe Gruters – Affiliate Member, Realtor® Association of Sarasota and Manatee

• Sen. Kathleen Passidomo – Affiliate Member, Naples Area Board of Realtors®

• Sen. Ana Maria Rodriguez – Employee, Miami Association of Realtors®

The most disturbing aspect is that the above-mentioned individuals are well aware of what is occurring in the real estate industry, yet have chosen to remain silent. Perhaps they assumed that continued silence would cause this issue to disappear. Silence may be their only option, as there appears to be no rebuttal to the facts presented. They know that what has been brought to light is accurate.

Is there any dignity or ethics remaining if elected officials simply look away so that two parties, brokerages and endorsed lawmakers, benefit at the expense of their constituents and Florida home buyers and sellers?

What is particularly troubling is that a very simple solution exists, and lawmakers, as well as members of the National Association of Realtors®, Florida Realtors®, and state associations, are well aware of it. Yet they continue to stay silent.

Proposed Solutions

1. Amend Florida Statute §475.278 from Transaction Broker to Single Agent

This change would ensure that agents work in their clients’ best interests and represent them in a fiduciary capacity. It would also prevent agents within the same brokerage from representing both buyer and seller in the same transaction, thereby eliminating conflicts of interest and incentive-driven manipulation.

One broker questioned why this issue matters if most transactions involve agents from different brokerages. My response was simple: if commissions are not the driving factor, then why not provide buyers and sellers with the highest level of representation available? If transaction brokerage offers no benefit to brokerages, there should be no resistance to changing it. The resistance exists because the benefit exists, and that benefit has now been exposed.

2. Mandatory Disclosure of Representation

Currently, no clear disclosure of representation is required. Transaction brokerage is presumed, and it is assumed that every buyer or seller, whether from Florida, another state, or another country, understands what this means and how it works. They do not. Under a single-agent framework, consumers would at least receive the highest standard of representation available.

3. Reform of Association Forms

Forms could easily be adjusted so that listing agreements include only the commission paid to the listing office. Sellers should not be subjected to scare tactics suggesting their property will not be shown unless certain compensation is offered.

Buyer agents should no longer need to contact listing offices to determine compensation. Buyers should be able to negotiate commissions directly. For buyers unable to pay an agent, an addendum could allow the seller to contribute a specified amount toward the buyer’s agent at closing. Such requests would be submitted as part of the offer, allowing sellers to decide whether to compensate the buyer’s agent fully, partially, or not at all.

4. Transaction Broker as an Informed Option

Transaction brokerage could remain an option only if all parties knowingly agree, in writing, that it is the best fit for their transaction. Any transition into transaction brokerage must be clearly documented and signed by all parties.

The disadvantages of this form of representation must be fully disclosed, including specific examples such as:

• The absence of fiduciary loyalty to either buyer or seller.

• The brokerage’s ability to retain full compensation while providing limited representation.

• The possibility that agents within the same brokerage may share information between parties.

• The risk that agents may prioritize commission or transaction completion over either party’s best interests, depending on market conditions.

Without clear disclosure of these risks and conflicts, consumer consent cannot be considered informed.

Industry Influence Acknowledged Publicly

On November 19, 2024, Gia Arvin, 2024 President of Florida Realtors®, stated in a published 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… 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.”

This statement clearly confirms that industry interests are being prioritized. I am therefore asking lawmakers to prioritize Florida buyers, sellers, and their constituents instead. The lawmakers identified above are active in the real estate industry, are fully aware of the issues raised, and by their own organization’s admission are looking out for industry interests. Their continued silence must be noted.

Record of Non-Response

Since October 2024, multiple written communications addressing statutory provisions, consumer-protection concerns, and documented form-based loopholes have been sent to Florida House members, Florida Senators, the National Association of Realtors®, Florida Realtors®, and state and local Realtor associations.

No recipient with direct real estate expertise has provided a substantive response.

No one has disputed the accuracy of the facts, statutory citations, or form references. No corrections or explanations have been offered. The absence of response is therefore noted on the record, despite the fact that these issues fall squarely within the professional knowledge and regulatory responsibility of the recipients.

I. Transaction Broker Presumption Under §475.278

A. Current Law

Florida Statute §475.278 presumes that real estate licensees operate as transaction brokers unless a single-agent or no-brokerage relationship is established in writing. A transaction broker:

• Provides only a limited form of representation

• Does not represent any party in a fiduciary capacity

• Waives unconditional duties, including loyalty, full confidentiality, and obedience

The statute does not require disclosure of the financial consequences of this structure. Buyers and sellers are therefore presumed to understand §475.278 without any mandatory explanation.

B. Consumer Impact

In practice, many buyers and sellers reasonably—but incorrectly—believe they are represented in a fiduciary capacity. Neither the statute nor standard association forms affirmatively disclose that:

• Transaction brokerage allows brokerages to participate on both sides of a transaction

• Brokerages may financially benefit from limited representation

• Fiduciary duties expected by consumers are expressly waived

Buyers and sellers pay substantial compensation while receiving limited representation by default.

C. Proposed Statutory Amendment

I respectfully propose amending §475.278(1)(b) as follows:

Current:
“Presumption of transaction brokerage.”

Proposed:
“Presumption of single-agent representation.”
“It shall be presumed that all licensees are operating as single agents unless a transaction broker or no-brokerage relationship is established, in writing, with a customer.”

Single-agent representation should be the default. Transaction brokerage should be an informed, affirmative election—not a silent presumption.

II. Absence of Mandatory Relationship Disclosure

Florida law does not require a clear, mandatory disclosure explaining:

• The differences between single-agent, transaction broker, and no-brokerage relationships

• Which fiduciary duties are waived under transaction brokerage 

• The financial incentives created for brokerages

This absence undermines informed consent and consumer protection. A mandatory, plain-language disclosure should be incorporated into listing and buyer brokerage agreements.

III. Realtor Association Forms and Structural Loopholes

Association-issued real estate forms continue to preserve brokerage advantages, particularly following the NAR settlement.

Certain forms—for example, the Exclusive Right of Sale Listing Agreement, Transaction Broker (ERS-21tb, Rev. 10/2025)—illustrate these concerns. The title of this form states only “Exclusive Right of Sale Listing Agreement,” with no mention of Transaction Broker.

These forms:

• Allow listing brokerages to retain compensation even when buyers are unrepresented

• Encourage scare tactics suggesting properties may not be shown if compensation is low or absent

• Redirect compensation that would otherwise go to a buyer’s agent

• Create the illusion of commission negotiation while preserving existing incentives

If buyers choose not to use a buyer’s agent believing they will save money, that belief is incorrect. The compensation does not disappear; it remains with the listing brokerage. As a result, prices remain inflated and brokerages retain control regardless of consumer choice.

These concerns mirror those raised in the 136-page objection filed by Professor Tanya Monestier, concluding that the settlement offers an “illusion of change” rather than meaningful reform.

IV. Requested Action

I respectfully request:

• Legislative reform of §475.278 establishing single-agent representation as the default

• Mandatory, meaningful disclosure of brokerage relationships

• Review and revision of Realtor association forms

• Written responses addressing the issues raised

I am prepared to provide draft House and Senate bills, statutory language, and form-specific examples upon request.

V. Conclusion

A shift from transaction broker to single-agent representation would eliminate many loopholes embedded in current real estate forms. The existing framework benefits brokerages by allowing limited service while preserving the opportunity to capture both sides of a transaction.

This structure has persisted for years, supported by political endorsements. It appears it was not anticipated that a licensed broker would publicly challenge it.

If the current system is defensible, a clear explanation should be provided.

Please be advised that the website https://beenduped.com/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.

Respectfully,

Werner Heidbuechel
Florida Licensed Real Estate Broker