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If you suspect a real estate agent, property manager, or transaction professional in Florida violated your trust — took a deal that should have been yours, failed to disclose a conflict of interest, or put their own financial interests above your legal interests — you may be dealing with a breach of fiduciary duty in Florida real estate. Florida real estate fiduciary duty violations are legally actionable, and the damages can be substantial. But these cases require understanding exactly who owed you a duty, what that duty required, and how they fell short.
Who Owes a Fiduciary Duty in Florida Real Estate Transactions
It’s Not Everyone in the Deal
The existence of a fiduciary duty in Florida real estate depends on the specific relationship — not every party to a transaction has one. Understanding who owes you a fiduciary duty is the threshold question in any potential claim.
- Florida real estate brokers and agents — owe fiduciary duties to their clients under § 475.278, including loyalty, confidentiality, obedience, full disclosure, and accounting
- Attorneys representing you at closing — owe fiduciary duties as your legal representative
- Property managers — owe fiduciary duties to property owners for the funds and property they manage
- Trustees handling real property — owe the full fiduciary duty to trust beneficiaries
- The other party’s agent — owes duties only to their client, NOT to you unless they’re acting as a transaction broker
Transaction Broker vs. Single Agent
Florida uses a unique designation system. A single agent owes you full fiduciary duties including undivided loyalty. A transaction broker has a lower standard — they facilitate the deal but don’t owe you the same loyalty. If your agent switched from single agent to transaction broker without proper written disclosure, that’s a potential violation of Florida real estate law.
What Breach of Fiduciary Duty Looks Like in Florida Real Estate
Common Violations by Agents and Brokers
- Failing to disclose a known material defect the agent learned during the transaction
- Representing both buyer and seller without proper dual agency disclosure and consent
- Steering a client away from a better deal to protect the agent’s commission or relationship with the other side
- Disclosing a buyer’s maximum budget or urgency to the seller without authorization
- Recommending a specific inspector, lender, or attorney who pays the agent referral fees without disclosure
- Usurping a client’s opportunity — buying a property the agent learned about through the agency relationship
If any of these patterns match your situation, a Florida real estate litigation attorney can evaluate whether the conduct crossed the line from poor service into actionable breach.
What You Have to Prove in a Florida Real Estate Fiduciary Duty Case
| Element | What It Requires |
|---|---|
| Fiduciary relationship | Prove the defendant owed you a fiduciary duty — not just a general duty of care |
| Breach | The defendant’s conduct violated the specific duties owed to you |
| Causation | The breach directly caused your harm — not just that they acted badly |
| Damages | Quantifiable financial loss resulting from the breach |
Evidence That Matters Most
Email communications between the agent and the other party, text messages, MLS activity records showing when the agent knew what, and financial records showing undisclosed referral fees or commissions are the most powerful evidence in these cases. Preserve everything before you confront the agent or make any formal complaint. Filing a complaint with the Florida Real Estate Commission (FREC) is a separate process from a civil lawsuit and can proceed simultaneously.
Damages Available for Florida Real Estate Fiduciary Duty Violations
- Compensatory damages — financial losses directly caused by the breach
- Disgorgement — commissions or fees earned through the breach can be forfeited
- Rescission — in serious cases, the transaction itself can be unwound
- Punitive damages — available when conduct was intentional and egregious
Frequently Asked Questions
| Question | Answer |
|---|---|
| Can I sue a real estate agent for not disclosing a property defect in Florida? | Yes — if the agent knew about the defect and failed to disclose it, they can be personally liable separate from the seller. |
| Does a transaction broker in Florida owe me fiduciary duties? | No — a transaction broker owes limited duties, not full fiduciary duties. That’s why the single agent vs. transaction broker distinction matters at the start of every relationship. |
| How long do I have to sue a real estate agent in Florida? | 4 years from when the breach was discovered or reasonably should have been discovered. |
A Real Estate Fiduciary Duty Breach in Florida Is Legally Actionable — Act Quickly
Feinstein Law represents buyers, sellers, and investors in Florida real estate fiduciary duty claims and real estate litigation throughout South Florida. Call (954) 767-9662 or visit our contact page.
About Feinstein Law: Feinstein Law is a Fort Lauderdale litigation firm handling real estate, business, and contract disputes throughout Broward, Miami-Dade, and Palm Beach counties.
