My clients deserve my full attention and priority scheduling. That is why I exclusively serve buyers and sellers with whom I have signed representation agreements.Andy B. Cooper · Cabana West Real Estate
We start with a signed agreement
To give every client the highest level of service, I work under a signed written agreement: with sellers, a listing agreement; with buyers, a written buyer agreement. Please expect us to talk about it in our first conversation.
As a REALTOR® and MLS participant, I am required by REALTOR® and MLS rules — in effect since August 17, 2024 — to sign a written agreement with a buyer before touring a home together, whether in person or by live virtual tour.
You do not need an agreement to ask me questions about my services or to visit an open house on your own. The agreement is what makes you my client: it spells out what I will do for you, for how long, and how I am paid.
What a written buyer agreement includes
- The amount or rate of compensation, clearly stated — not open-ended.
- A statement that I may not receive compensation from any source that exceeds what we agreed.
- A clear notice that broker commissions are not set by law and are fully negotiable.
- The services, the length of the agreement and every other term — all open to discussion before you sign.
Two ways I can work with you under Florida law
Florida Statute 475.278 allows a real estate licensee to work with you either as a transaction broker or as a single agent (dual agency is not permitted in Florida). Unless a single-agent relationship or no brokerage relationship is established in writing, Florida law presumes the licensee is working as a transaction broker. We will review both options together so you can choose.
Transaction Broker
Provides a limited form of representation, but not in a fiduciary capacity. Duties under F.S. 475.278(2):
- Dealing honestly and fairly
- Accounting for all funds
- Using skill, care, and diligence in the transaction
- Disclosing all known facts that materially affect the value of residential property and are not readily observable to the buyer
- Presenting all offers and counteroffers in a timely manner, unless a party has directed otherwise in writing
- Limited confidentiality, unless waived in writing (for example, not disclosing that a buyer will pay more than the written offer)
- Any additional duties mutually agreed to with a party
Single Agent
Represents only you, with fiduciary duties. Duties under F.S. 475.278(3):
- Dealing honestly and fairly
- Loyalty
- Confidentiality
- Obedience
- Full disclosure
- Accounting for all funds
- Skill, care, and diligence in the transaction
- Presenting all offers and counteroffers in a timely manner, unless directed otherwise in writing
- Disclosing all known facts that materially affect the value of residential property and are not readily observable
Whichever relationship you choose, you will receive the brokerage relationship disclosures that Florida law requires, and the choice is written into our agreement.
What you get as a Cabana West client
- Priority scheduling for showings, calls and questions.
- MLS search and alerts set to your exact criteria, plus off-market opportunities when available.
- Pricing guidance based on comparable sales before you make an offer.
- Negotiation of price, terms, repairs and credits on your behalf.
- Contract-to-close management: deadlines, inspections, appraisal, HOA or condo approvals, title and closing.
- Referrals to independent lenders, inspectors, insurers and attorneys — you always choose.
- Bilingual service in English and Spanish, from first call to closing.
Common questions
Do I have to sign anything just to talk to you?
No. You can ask about my services, and visit open houses on your own, without an agreement. A written agreement is required before I tour a home with you.
Is the commission set by law?
No. Broker commissions are not set by law and are fully negotiable. The amount is stated clearly in our agreement.
What is the difference between a transaction broker and a single agent?
A transaction broker provides limited representation and can assist both sides without fiduciary duties; a single agent represents only you, with duties of loyalty, confidentiality, obedience and full disclosure (F.S. 475.278).
What if we have not signed anything yet?
Under Florida law, unless a single-agent relationship or no brokerage relationship is established in writing, a licensee is presumed to be working as a transaction broker. We will put our relationship in writing at the start so there is no doubt.
Sources
- Florida Statutes §475.278 — Authorized brokerage relationships; presumption of transaction brokerage
- National Association of REALTORS® — Written Buyer Agreements 101
- National Association of REALTORS® — Consumer Guide to Written Buyer Agreements
This page is general information about how Cabana West Real Estate works and a summary of Florida law; it is not legal advice. Your written agreement and the required Florida disclosures govern our relationship.