Today the Consumer Federation of America (CFA) released a new report on transactional brokerage in Florida, which is practiced by most real estate agents in the state. The report concludes that this agent role:
- greatly limits broker responsibilities and liability,
- is not disclosed and therefore is not understood by most consumers,
- consequently exposes consumers to risks related to the sale price – and for buyers, quality – of the property,
- greatly limits consumers in obtaining redress if treated unfairly,
- despite less responsibility and liability, charges customers the same commission rate charged by fiduciary agents, and
- appears to survive in part because many transactional brokers break the law by providing some of the representation required of fiduciary agents.