Section 01. Two professions, two regulators
In short. A Florida real estate licensee operates under Chapter 475 of the Florida Statutes, supervised by the Florida Real Estate Commission (FREC) within the Department of Business and Professional Regulation (DBPR). A Québec courtier immobilier operates under the Real Estate Brokerage Act (chapter C-73.2 of Québec laws) and is supervised by the OACIQ. The two regimes differ on fundamental points starting with the very category of professional you are dealing with.
Florida regulates real estate brokerage as a state-level profession. Anyone who acts as a broker, broker associate, or sales associate in Florida must hold a license issued by FREC after completing prescribed education and passing the state examination. The license categories are defined in Florida Statute § 475.01. A sales associate performs brokerage acts under the direction of a broker. A broker associate is qualified as a broker but operates under another broker's supervision. A broker is the licensee authorized to operate an office, hold escrow funds, and supervise sales associates. Only a broker may open a Florida real estate office, and every active broker must register a physical office with FREC.
In Québec, the OACIQ administers a single profession with internal specializations. The principal license categories under REBA and its regulations are courtier immobilier résidentiel (residential), courtier immobilier commercial (commercial), and the agency-level licenses (agence and dirigeant d'agence). The OACIQ's mission is explicitly defined as public protection. It administers the licensure exam, maintains the public register of permit holders (Registre des titulaires de permis), enforces the code of ethics, and operates two protection mechanisms that have no full Florida equivalent: FARCIQ (professional liability insurance, mandatory) and FICI (an indemnity fund that can compensate clients in cases of fraud, dishonest tactics, or misappropriation of funds).
For a Canadian buyer arriving in Florida, the practical consequences of these structural differences appear immediately. The Floridian you call a "real estate agent" is technically a sales associate or broker associate, almost always working under a broker's roof, and is regulated by FREC. The disciplinary record is searchable on the DBPR public website. The professional liability protection that backstops your Québec courtier through FARCIQ and the indemnity protection through FICI do not extend across the border. In Florida, errors-and-omissions (E&O) insurance is commonly carried but not universally mandated by state statute, and the consumer's recovery against a brokerage that fails to perform sits primarily on civil litigation and the FREC complaint process.
Verified fact. The Florida Real Estate Commission was established by Chapter 475 of the Florida Statutes in 1925 and operates within the Department of Business and Professional Regulation (DBPR). The OACIQ was established under the Real Estate Brokerage Act (RLRQ c C-73.2) and has administered Québec real estate brokerage since May 2010. Sources: Florida Statutes Chapter 475 ; Real Estate Brokerage Act, RLRQ c C-73.2.
Section 02. Realtor® is a trademark, not a license
In short. The word "Realtor®" identifies a member of the National Association of Realtors. It is a federally registered collective membership mark, not a license category, and not a synonym for real estate agent. In Québec, no equivalent designation exists at the OACIQ level. Membership in the APCIQ, the Québec professional association, is voluntary and does not change a courtier's licensing status.
The Realtor® mark is owned exclusively by NAR. Use of the mark is restricted to NAR members in good standing. NAR maintains active enforcement against unauthorized use. The mark distinguishes NAR members, who pledge to NAR's Code of Ethics, from licensees who are not NAR members. The Code of Ethics is private contract, not state law. A licensee who is not a NAR member is fully authorized to practice real estate in Florida and operates under Chapter 475 like any other licensee, but cannot lawfully represent themselves as a Realtor® in marketing, signage, or contracts.
This matters for a Canadian buyer in two ways. First, the Realtor® designation tells you the licensee is bound by the NAR Code of Ethics in addition to FREC rules, and uses NAR-affiliated MLS infrastructure (most regional MLSs in Florida are NAR-affiliated). Second, Realtor® says nothing about competence on cross-border transactions, snowbird buyer needs, or the foreign-national mortgage process. A Realtor® is not, by virtue of the designation, a specialist in any of these. The right question is not "Are you a Realtor®?" but "How many Canadian buyers have you closed in the last 24 months, and which lenders did you work with for foreign-national financing?"
In Québec, every active courtier is OACIQ-licensed by definition (no licensure, no practice) and most are also APCIQ members. APCIQ membership unlocks access to Centris (the Québec MLS-equivalent platform) and a set of standardized contractual clauses, but it is not legally required to practice. The marketing distinction "Realtor® vs licensee" simply has no parallel in Québec.
Opinion. When evaluating Florida licensees, the Realtor® badge is a useful threshold (most active practitioners are NAR members) but not a quality signal. For a cross-border transaction, the meaningful filters are: years of practice with Canadian buyers, working relationships with lenders that finance non-residents, comfort with FIRPTA and the LLC question, and bilingual capacity if relevant. Skip the badge debate; ask the closing-volume question.
Section 03. The default representation regime: presumption (Florida) vs written contract (Québec)
In short. Florida and Québec arrive at "broker represents client" through opposite mechanics. Florida presumes a transaction broker relationship unless a single agent or no-brokerage relationship is established in writing. Québec presumes nothing: representation requires a written, signed brokerage contract, and verbal agreements have no legal effect since June 10, 2022. The default in Florida limits the licensee's duties; the default in Québec is no duties at all unless and until a contract is signed.
The Florida regime under § 475.278
Florida Statute § 475.278 sets out three authorized brokerage relationships:
Single agent. The licensee represents either the buyer or the seller, but not both, as a fiduciary. Fiduciary duties under Florida Statute § 475.01(1)(f) include loyalty, confidentiality, obedience, full disclosure, accounting, and the duty to use skill, care, and diligence. The single-agent relationship must be established in writing through the Single Agent Notice before showing property to the buyer or signing a listing agreement with the seller.
Transaction broker. The licensee provides a limited form of representation to one or both parties without acting as a fiduciary to either. The seven duties listed in § 475.278(2) are: dealing honestly and fairly, accounting for all funds, using skill and care, disclosing all known facts that materially affect the value of residential real property and are not readily observable, presenting all offers and counteroffers in a timely manner, limited confidentiality (unless waived in writing), and any additional duties agreed in writing. This is the default: the statute presumes a transaction broker relationship unless a single agent or no-brokerage relationship is established in writing with the customer.
No brokerage relationship. The licensee owes only three duties under § 475.278(4): dealing honestly and fairly, disclosing material facts not readily observable, and accounting for funds entrusted to the licensee.
A licensee may transition from single agent to transaction broker only with the principal's prior written consent on the prescribed Consent to Transition form. The reverse path (transaction broker to single agent) is rare and not statutorily prescribed. Florida prohibits dual agency outright. Florida Statute § 475.278(1)(b) states that a real estate licensee may not operate as a disclosed or nondisclosed dual agent, defined as a broker who represents both buyer and seller as a fiduciary in the same transaction.
The Québec regime under REBA and Bill 5 (in force June 10, 2022)
Québec inverts the Florida presumption. Two related changes took effect on June 10, 2022:
First, verbal brokerage contracts in residential real estate are no longer valid. Representation by a courtier requires a written, signed brokerage contract. The forms are OACIQ-mandated: the Contrat de courtage exclusif (Vente), the Contrat de courtage non exclusif (Vente), and the Contrat de courtage achat (mandatory for buyer representation in residential).
Second, double representation in residential transactions is prohibited. A single courtier cannot hold both a vente brokerage contract and an achat brokerage contract on the same property in the same transaction. If a courtier inadvertently finds themselves in a double-representation situation, they must terminate one of the two contracts (in practice, the courtage achat with the buyer) and inform the buyer that representation is now limited and that another courtier should be retained.
Limited exceptions exist: under-served regions (more than 50 km from the nearest available courtier), residential buildings of more than five units, and commercial properties. Two courtiers from the same agency holding separate brokerage contracts (one vente, one achat) are also permitted.
Where the buyer chooses not to sign a Contrat de courtage achat, the listing courtier (vendeur's broker) still owes the buyer traitement équitable: objective information about the relevant facts of the transaction and about the rights and obligations of all parties, regardless of representation status. This is a duty of fairness, not representation.
What this means for the Canadian buyer
If you walk into an open house in Boca Raton and start discussing terms with the listing licensee, three legal scenarios are possible. If the licensee has not changed their default, they are operating as a transaction broker for both you (as a customer) and the seller (as their other customer), without representing either of you as a fiduciary. If the listing licensee chose to be a single agent for the seller, they cannot represent you in any capacity beyond the limited "no brokerage relationship" duties unless you both sign a transition consent. If you want a true buyer's-side fiduciary, you need to engage a separate licensee as your single agent and sign the Single Agent Notice.
If the same scenario happens in Montréal, the listing courtier cannot represent you at all unless you sign a Contrat de courtage achat with them, and even then they would have to terminate one of the two contracts because of the double-representation prohibition. In practice, you talk to the listing courtier as an unrepresented buyer (entitled to traitement équitable), and you separately retain another courtier with a Contrat de courtage achat to defend your interests.
The Florida default is therefore "limited representation by everyone, automatically" while the Québec default is "no representation by anyone, until you sign". A Canadian who assumes the Québec default applies in Florida ends up with a transaction broker they did not realize they had, and waives the right to fiduciary loyalty without being aware of it.
Verified fact. Florida Statute § 475.278(1)(b) presumes that all licensees are operating as transaction brokers unless a single agent or no-brokerage relationship is established in writing. Florida Statute § 475.278(1)(b) also expressly prohibits dual agency, defined as a broker representing as a fiduciary both the buyer and the seller in the same transaction. Source: Florida Statute § 475.278.
Verified fact. Since June 10, 2022, Québec's Real Estate Brokerage Act requires a written brokerage contract for all residential real estate representation and prohibits double representation in residential transactions, with limited exceptions. Verbal brokerage contracts are no longer valid for residential transactions. Sources: Real Estate Brokerage Act, RLRQ c C-73.2 ; Bill 5 (Loi modifiant la Loi sur le courtage immobilier), in force June 10, 2022.
Section 04. Dual representation: prohibited in both, by different mechanisms
In short. Both jurisdictions prohibit a single licensee from acting as a fiduciary to both buyer and seller in the same transaction. Florida achieves this by banning dual agency outright while permitting transaction brokerage to fill the limited-representation role. Québec achieves it by banning the holding of two opposing brokerage contracts on the same residential property. The practical effect for a Canadian buyer is similar, but the Florida transaction broker mechanism does not exist in Québec and can mislead a Canadian who reads the licensee's role through Québec lenses.
When a Florida licensee is the listing agent (single agent for the seller) and a buyer with no representation walks in, the licensee can transition to a transaction broker for both parties (with the seller's written consent) and continue the deal. The licensee is now no one's fiduciary, but is a permitted facilitator of the transaction with the seven duties listed in § 475.278(2). In Québec, this exact scenario triggers the prohibition under Bill 5: the courtier already has a brokerage contract with the seller, and signing a buyer's contract on the same property is forbidden. The courtier must redirect the buyer to a different courtier or treat them as unrepresented (with traitement équitable as the floor of obligation).
A subtle Florida twist: when a brokerage company employs the listing agent and a different agent within the same brokerage represents the buyer, both as single agents, the brokerage as an entity is in a position resembling dual representation, but Florida law allows this through the "designated sales associate" structure (specific to non-residential transactions over USD 1,000,000) or treats each licensee's relationship as separate. In Québec, two courtiers from the same agency holding distinct brokerage contracts are explicitly permitted (one of the listed exceptions to the double-rep ban), which is closer in spirit to the Florida "two licensees, one office" arrangement.
Practical takeaway for the Canadian buyer. In Florida, the listing licensee is allowed to facilitate your purchase without being your fiduciary. This is structurally legal. It is not necessarily in your interest. If you want loyalty and confidentiality protection on the buyer side, you must retain a separate licensee as your single agent and document it in writing before discussing your strategy, your maximum price, or your concerns about the property.
Section 05. Standard contracts: FAR/BAR vs OACIQ forms
In short. Florida residential transactions overwhelmingly use the Florida Realtors / Florida Bar Standard Residential Contract (FAR/BAR), which is industry-standard but not legally mandatory. Québec residential transactions use OACIQ-issued forms (PA, CC, DV, DVD), whose use is mandatory by regulation when a licensee is involved. The forms differ on default contingencies, deposit handling, disclosure mechanics, and remedies. A clause-by-clause comparison is treated separately in another guide of this chapter.
Florida: FAR/BAR
The FAR/BAR contract is jointly authored by the Florida Realtors trade association and the Florida Bar. Two main variants are commonly used: the FAR/BAR-AS IS Residential Contract (most frequent) and the FAR/BAR Standard Residential Contract. They differ primarily on the inspection-and-repair mechanism: AS IS gives the buyer a right to terminate during the inspection period without seller-funded repairs, while the Standard contract obligates the seller to make certain repairs up to a capped amount.
Use of FAR/BAR is voluntary. A licensee, attorney, or self-represented party may use any contract that meets statutory requirements. In practice, virtually all MLS-listed residential transactions use FAR/BAR or a closely related local variant because lenders, title insurers, and closing agents are calibrated to its language. FAR/BAR is updated periodically; the current revision is dated, and the version in use should be checked against the Florida Realtors forms library.
The FAR/BAR contract embeds Standard W (the inspection and repair Standard), which mirrors the seller's Johnson v. Davis duty to disclose known material defects, but also relies heavily on the buyer's inspection period to surface issues that neither the seller nor the licensee has affirmative obligation to find.
Québec: OACIQ-mandated forms
In Québec, the OACIQ issues the standard forms used in residential transactions, and their use is mandatory under article 11 of the Regulation respecting brokerage contracts and forms (chapter C-73.2, r 2.1). The principal forms are:
- Contrat de courtage exclusif (Vente) (CC-Exclusif): exclusive listing contract with the seller's courtier.
- Contrat de courtage non exclusif (Vente): non-exclusive listing.
- Contrat de courtage achat (CC-Achat): mandatory if the buyer is to be represented.
- Promesse d'achat (PA): the buyer's offer.
- Déclarations du vendeur sur l'immeuble (DV) and DVD for divided co-ownership: mandatory disclosure forms.
- Annexes for specific clauses (financing, inspection, insurance, etc.).
Because the forms are mandatory, the negotiation in Québec happens within a tightly bounded textual framework. Licensee discretion on contract drafting is limited; most negotiation operates through annexes and check-boxes. In Florida, the FAR/BAR form is similarly common, but contract clauses can be added freely (including by attorneys representing one party), and the absence of a regulatory mandate produces wider drafting variance.
What the Canadian buyer notices in practice
The most striking difference is the inspection contingency. In Québec, the inspection contingency is typically inserted as an annex to the Promesse d'achat, with a defined response window (typically a few business days post-inspection). In Florida under FAR/BAR-AS IS, the buyer has an Inspection Period (negotiable, typically 10 to 15 days from effective date) during which the buyer may terminate the contract for any reason or no reason (the colloquial "free look") and recover the earnest money deposit. The mechanic is more buyer-favorable on its face but only if the deadline is respected; missing the deadline by hours has cost Canadian buyers their leverage in well-documented cases.
The second is earnest money handling. In Québec, the acompte is typically held by the listing courtier in a compte en fidéicommis (trust account) under OACIQ rules. In Florida, the earnest money is most often held by the closing agent, the title company, or a brokerage's escrow account, and the release rules are governed by Florida Statute § 475.25 and FREC rules. Disputes over earnest money escrow follow specific procedural paths under FREC, which a Québec-trained courtier may not be familiar with.
A clause-by-clause walkthrough of the FAR/BAR contract is treated in a separate guide of this chapter.
Verified fact. OACIQ forms are mandatory under article 11 of the Regulation respecting brokerage contracts and forms (RLRQ c C-73.2, r 2.1). The FAR/BAR contract is a voluntary industry standard published jointly by Florida Realtors and the Florida Bar. Sources: Regulation respecting brokerage contracts and forms, RLRQ c C-73.2, r 2.1 ; Florida Realtors Forms Library.
Section 06. Property defect disclosure: Johnson v. Davis vs the DV form
In short. Florida imposes a common-law duty on residential sellers to disclose known material defects not readily observable, established by the Florida Supreme Court in Johnson v. Davis (1985). Florida has no single mandatory state-wide seller disclosure form. Québec requires the Déclarations du vendeur sur l'immeuble (DV form), mandatory since July 2012 for the sale by a natural person of a residential immovable of fewer than five units, and the DVD form for divided co-ownership. Both regimes target the same risk, but the documentary trail and the evidentiary posture are very different.
Florida: a common-law duty without a mandatory form
In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the Florida Supreme Court held that "where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer." The decision broke the prior caveat emptor rule and established four elements a buyer must prove to recover: actual seller knowledge of the defect, materiality, the defect was not readily observable and unknown to the buyer, and seller failure to disclose.
Florida law does not require a single uniform seller disclosure form. Most residential transactions use the Florida Realtors Seller's Property Disclosure form, which is widely adopted but not statutorily mandated. The FAR/BAR Standard W also incorporates the Johnson v. Davis duty into the contract framework.
For a Canadian buyer, the practical translation is this: there is no required check-box document the seller signed before listing. The disclosure is partly contractual (whatever the seller wrote in the optional disclosure form) and partly common-law (whatever the seller knew and failed to reveal). Recovery for non-disclosure typically requires civil litigation, evidence of seller knowledge, and proof that the defect was not readily observable. The buyer's inspection period is the first line of defense; the legal claim under Johnson v. Davis is the second.
Florida courts have repeatedly held that an "as is" clause does not extinguish the Johnson v. Davis duty for residential transactions. Selling a Florida home "as is" does not legally relieve the seller from disclosing known latent defects.
Québec: a mandatory form, integrated into the brokerage contract
In Québec, the DV form (Déclarations du vendeur sur l'immeuble) is mandatory under article 11 of the Regulation respecting brokerage contracts and forms whenever a courtier represents a natural person selling a chiefly residential immovable of fewer than five dwellings. The DV is annexed to the Contrat de courtage and signed before listing. If the seller refuses to complete the DV, the courtier must withdraw from representing the seller. The DVD form applies to divided co-ownership and must be used since 2012 for condominium transactions involving a courtier.
The DV is structured as a long questionnaire covering general information, occupation, structure, water and septic, environmental factors (radon, pyrite, pyrrhotite, asbestos, ochre deposit, MIUF), known damages (fire, flood, ice storm), legal restrictions, and any other adverse factors. The seller answers to the best of their knowledge. The courtier completes the form with the seller and signs it.
This documentary architecture has real evidentiary weight. In a vice caché (latent defect) lawsuit, the DV is central evidence: a misrepresentation in the DV grounds a claim against the seller, and an inadequate DV review by the courtier can ground a claim against the courtier under the OACIQ disciplinary regime and (if applicable) FARCIQ professional liability coverage.
What a Canadian buyer should do in Florida
Demand a written disclosure document, even though Florida does not mandate one. Most listing licensees will provide a Florida Realtors Seller's Property Disclosure as a matter of practice. Read it carefully and store it. If the seller refuses to provide a disclosure, that itself is a yellow flag worth weighing.
Then, treat the inspection period as the structural protection it is. The standard FAR/BAR-AS IS Inspection Period is typically 10 to 15 calendar days from the effective date of the contract. Use it: schedule a general home inspection, a wind mitigation report (relevant to insurance), a 4-Point inspection (relevant to insurers for properties over a certain age), and any specialty inspection the property warrants (pool, dock, foundation, sinkhole risk in central Florida). The Inspection Period in Florida is your contractual due diligence window; it is more permissive than the Québec equivalent but it is also shorter and unforgiving on the deadline.
Verified fact. Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), established the Florida residential seller's common-law duty to disclose known facts materially affecting the value of the property which are not readily observable and are not known to the buyer. This duty applies even when the property is sold "as is". Sources: Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) ; Florida Bar Journal commentary on Johnson v. Davis.
Verified fact. The Déclarations du vendeur sur l'immeuble (DV) form has been mandatory since July 1, 2012 for the sale by a natural person of a chiefly residential immovable of fewer than five dwellings, when a courtier is involved. The DVD form applies to divided co-ownership. Sources: OACIQ ; Regulation respecting brokerage contracts and forms, RLRQ c C-73.2, r 2.1, art. 11.
Section 07. Compensation since the NAR settlement (August 17, 2024)
In short. Two changes effective August 17, 2024 reshaped Florida buyer-broker compensation. First, MLS systems can no longer publish offers of compensation to buyer brokers. Second, a written buyer-broker agreement is required before a licensee can tour a property with a buyer. Québec already required a written buyer-broker contract since June 10, 2022, so the second change closes a gap the Canadian buyer would have otherwise found surprising. The first change modifies how compensation is negotiated, but does not change the fact that compensation remains negotiable in both jurisdictions.
What changed in Florida
NAR (the National Association of Realtors) settled the Sitzer-Burnett antitrust litigation in March 2024 for USD 418 million plus mandatory practice changes. The two changes most relevant to a Canadian buyer took effect on August 17, 2024:
No offers of compensation on the MLS. Listing brokers can no longer use the MLS to communicate compensation offers to buyer brokers. Compensation may still be offered (and is, in most transactions, still offered by the seller), but the offer must be communicated outside the MLS: on the brokerage website, by direct broker-to-broker negotiation, or through the buyer-broker agreement.
Mandatory written buyer-broker agreement before touring. Any MLS Participant working with a buyer must have a written agreement with the buyer before showing a home. The agreement must specify the amount or rate of compensation the broker will receive, in a manner that is objectively ascertainable and not open-ended. Compensation is fully negotiable and not set by law.
The settlement does not prohibit sellers from offering compensation to buyer brokers. It only prohibits doing so via the MLS. In practice, most Florida listings still result in the seller paying the buyer's broker out of the closing proceeds, but the path of negotiation is now more explicit: the buyer signs a buyer-broker agreement specifying their broker's compensation, and the listing broker (or seller) communicates the compensation offer directly or through a Broker-to-Broker agreement.
What this means coming from Québec
In Québec, the Contrat de courtage achat (mandatory written buyer-broker contract) has been required since June 10, 2022. The contract specifies the courtier's rétribution and the conditions under which it is owed. The Canadian buyer who has bought in Québec since 2022 has already signed an equivalent document. The August 2024 Florida change therefore brings the two regimes closer in this respect.
The differences that remain matter for budgeting:
-
Historical compensation levels. Pre-settlement, US residential brokerage compensation typically ranged 5% to 6% of sale price, split between listing and buyer brokers. Post-settlement, the same range remains common, but sellers have more incentive (and now more procedural cover) to negotiate down the buyer-broker share. Québec residential commissions are similarly negotiable, with typical totals in a comparable range, though numbers vary by region and market segment. Neither rate is set by law in either jurisdiction.
-
Who pays. Pre-settlement, the seller paid both brokers from closing proceeds in nearly all Florida residential transactions. Post-settlement, this remains the most common pattern, but a buyer may now agree to compensate their own broker directly (in whole or in part) if the seller's offer is insufficient. In Québec, the seller pays the rétribution to the listing courtier, who shares with the buyer's courtier (collaborateur) under the listing contract. The Québec architecture has not changed materially with Florida's settlement.
-
Visibility of compensation at offer time. Pre-settlement, a buyer's broker could see on the MLS what compensation the seller was offering. Post-settlement, this information is no longer on the MLS. The buyer's broker must inquire directly with the listing broker, before presenting the offer, to know whether the seller is offering compensation and at what level.
A guide dedicated to who pays what since the NAR settlement is published separately in this chapter and walks the post-settlement compensation flow in detail.
Verified fact. Effective August 17, 2024, MLS Participants are prohibited from communicating any offer of compensation via an MLS, and a written agreement between an MLS Participant working with a buyer and the buyer must be entered into before touring a home. The agreement must include a specific and conspicuous disclosure of the amount or rate of compensation the Participant will receive. Compensation is fully negotiable and not set by law. Source: NAR Settlement Practice Changes, in force August 17, 2024.
Typical range. Total residential brokerage compensation in Florida residential transactions has historically fallen in the range of 5% to 6% of the sale price (combined seller-side and buyer-side), with significant negotiation across markets and price points. Post-settlement evidence on how this range is shifting is still evolving and varies by metro, segment, and date. Ask the licensee you intend to retain for a written quote rather than relying on a typical-range figure for budgeting.
Section 08. Comparison table Québec ↔ Florida
The first comparison uses Québec as the reference Canadian province. Equivalent comparisons for Ontario ↔ Florida, British Columbia ↔ Florida, Alberta ↔ Florida and other provinces are forthcoming.
| Topic | Québec (Provincial CA, REBA) | Florida (State FL, Chapter 475 F.S. + Federal NAR) |
|---|---|---|
| Regulator | OACIQ (self-regulatory body) | FREC, within DBPR |
| Governing statute | Real Estate Brokerage Act, RLRQ c C-73.2 | Florida Statutes Chapter 475 ; Federal NAR Code of Ethics for Realtor® members |
| License categories | Courtier immobilier résidentiel ; courtier commercial ; agence ; dirigeant d'agence | Sales Associate ; Broker Associate ; Broker (each granted by FREC) |
| Professional designation | All active practitioners are OACIQ-licensed. APCIQ membership voluntary, no equivalent of "Realtor®" | Realtor® is a NAR trademark, available to NAR members only. Not all licensees are NAR members |
| MLS-equivalent platform | Centris (operated by APCIQ) | Regional MLSs (Stellar MLS, MIAMI MLS, BeachesMLS, etc.). Most NAR-affiliated |
| Default representation | None until written brokerage contract is signed (since June 10, 2022) | Transaction broker presumed (§ 475.278), unless single agent or no-brokerage relationship is established in writing |
| Dual representation | Prohibited in residential since June 10, 2022 (limited exceptions) | Prohibited outright (no dual agency under § 475.278(1)(b)). Transaction brokerage allowed as a separate, non-fiduciary mechanism |
| Buyer-broker contract | Mandatory written Contrat de courtage achat since June 10, 2022 for representation | Mandatory written buyer-broker agreement before touring, since August 17, 2024 (NAR settlement) |
| Standard contracts | OACIQ forms mandatory (PA, CC, DV, DVD, etc.) | FAR/BAR widely used but not legally mandatory |
| Seller's property disclosure | DV form mandatory (since July 2012) for residential <5 units when courtier involved | No mandatory state-wide form. Common-law duty under Johnson v. Davis (1985). Florida Realtors disclosure form widely used by practice |
| Earnest money escrow | Trust account (compte en fidéicommis) of the courtier or notaire | Escrow held by closing agent, title company, or broker's escrow. Governed by FREC rules |
| Professional liability protection | FARCIQ mandatory professional liability insurance | E&O insurance commonly carried but not universally mandated by statute |
| Client indemnity for fraud | FICI (Fonds d'indemnisation) administered by OACIQ | No statewide equivalent. Recovery depends on civil litigation, FREC discipline, broker's E&O coverage |
| Compensation transparency on MLS | Centris does not publish split offers between brokers | MLS no longer publishes offers of compensation to buyer brokers (since August 17, 2024) |
| Compensation negotiability | Negotiable. Typical residential commissions in a similar range | Negotiable. NAR settlement explicitly affirms compensation is fully negotiable and not set by law |
Inter-province variations on the Canadian side. The Québec model described above is specific to Québec. Other provinces have separate regulators (RECO in Ontario, BCFSA in British Columbia, RECA in Alberta, Service NL Real Estate Trading in Newfoundland and Labrador, and others) and their own buyer representation rules, mandatory forms, and disciplinary regimes. On the Florida side, the regime is identical regardless of which province the Canadian buyer comes from. Florida operates under Chapter 475 F.S. and the federal NAR settlement uniformly across the state.
Section 09. Worked example: a Boca Raton purchase
Consider a Canadian resident from Montréal, in April 2026, viewing a USD 750,000 single-family home in Boca Raton listed on BeachesMLS with a Florida Realtor® who is a NAR member and operates within a national brokerage. The Canadian buyer has previously bought twice in Québec since 2022, both times signing a Contrat de courtage achat with their courtier.
What happens contractually in Florida
Step 1. The buyer contacts a Florida licensee directly (call her L.) referred by a Canadian friend. L. is a sales associate, NAR member, with a Florida real estate license under Chapter 475 and who has closed dozens of Canadian buyer transactions.
Step 2. Before showing any property, L. presents a written buyer-broker agreement (since August 17, 2024 this is mandatory). The agreement specifies L.'s compensation, the property scope, the term, and the buyer's representation type. The buyer reads, asks for amendments (typical points: term length, scope of properties, compensation rate, exit clause), signs, and they begin touring.
Step 3. L. shows the Boca Raton home. L. is operating as a single agent for the buyer (the agreement specifies this). The listing brokerage represents the seller as a single agent. There is no dual agency. The two brokerages can negotiate at arm's length.
Step 4. Buyer makes an offer on the FAR/BAR-AS IS contract. The Inspection Period is set at 12 calendar days. Earnest money deposit USD 30,000 is wired to the closing agent's escrow within 3 business days of effective date. Compensation to L. (per the buyer-broker agreement) is communicated to the listing brokerage; the listing side confirms whether the seller is offering buyer-broker compensation through a Broker-to-Broker agreement.
Step 5. During the Inspection Period, the buyer obtains a general home inspection, a 4-Point inspection (the home is 28 years old, insurers typically require this above 25 to 30 years), a wind mitigation report, and a pool inspection. Issues surface; the buyer negotiates a credit at closing. None of the issues constitute a material defect not readily observable that the seller failed to disclose under Johnson v. Davis. The Florida Realtors Seller's Property Disclosure (provided by listing side voluntarily) was reviewed and stored.
Step 6. Closing occurs at the title company. L. earns the compensation specified in the buyer-broker agreement, paid at closing, sourced from seller proceeds per the Broker-to-Broker arrangement. The buyer receives keys.
Where this differs from Montréal
In Montréal, the same buyer would have signed a Contrat de courtage achat before any showing (mandatory since June 2022), used the OACIQ mandatory PA form to make the offer, attached the seller's signed DV form, held the deposit in the courtier's compte en fidéicommis, and used the OACIQ-mandated inspection annex. The structural shape (written buyer agreement, written disclosure, written offer with annexes) is similar; the legal authority and the form architecture are different.
Where the Canadian buyer can stumble
The most frequent slip: the buyer does not realize that, absent a single-agent agreement, the Florida licensee would be operating as a transaction broker by default, with limited (not fiduciary) duties. A Canadian who has only ever transacted with represented courtiers under written contracts may underestimate the importance of explicitly establishing single-agent representation in writing. The August 2024 mandatory buyer-broker agreement helps correct this, but does not resolve it: the buyer-broker agreement itself can establish either single-agent or transaction broker representation. Read which, before signing.
Section 10. Common mistakes
Treating "Realtor®" as a license. Realtor® is a NAR trademark. The licensure is the Florida real estate license under Chapter 475. A non-Realtor® licensee is fully authorized to practice. The Realtor® badge is informative (Code of Ethics, MLS access) but not a quality filter for cross-border work.
Assuming transaction broker means buyer's agent. The Florida default is transaction brokerage, which is not fiduciary representation. A Canadian buyer who calls the listing licensee to view a property has, by default, a transaction broker relationship with someone who is not their fiduciary. To establish a fiduciary buyer's-side representation, sign a Single Agent Notice and the buyer-broker agreement specifying single-agent representation.
Skipping the buyer-broker agreement. Since August 17, 2024, this agreement is mandatory before touring. A licensee who tries to show property without one is violating NAR settlement practice changes and likely the agreement they have with their MLS. A buyer who refuses to sign cannot, in practice, be shown homes by an MLS Participant.
Reading the Florida Realtors Seller's Property Disclosure as a substitute for due diligence. It is voluntary, often abridged, and does not replace the inspection period. The Inspection Period in FAR/BAR-AS IS is the structural protection; the disclosure is supplementary.
Missing the Inspection Period deadline by hours. FAR/BAR-AS IS deadlines are calculated from the effective date with no automatic grace. A Canadian buyer relying on a Québec-style "we'll figure it out" approach loses the right to terminate. Calendar the deadline; act before, not on, the day of expiry.
Using the listing licensee as your "buyer's agent". Even when the licensee is well-intentioned, the structure (transaction brokerage, no fiduciary duty) limits what they can do for you. For meaningful representation on the buyer side, retain a separate licensee.
Assuming the FARCIQ professional liability protection or FICI indemnity fund follows you. Both are Québec-only mechanisms. In Florida, recovery against a brokerage that fails depends on the brokerage's E&O coverage, civil litigation, and FREC discipline. Verify what coverage the Florida brokerage carries before signing the buyer-broker agreement.
Section 11. Buyer's checklist
- Verify the Florida licensee's status on the DBPR public license search (myfloridalicense.com). Confirm the license is active, the license category (Sales Associate, Broker Associate, Broker), and the disciplinary record.
- If the licensee identifies as a Realtor®, verify NAR membership through the broker or a quick search; not strictly necessary, but tells you about MLS access and Code of Ethics adherence.
- Before any showing, sign a written buyer-broker agreement (mandatory since August 17, 2024). Specify single-agent representation in writing if you want a fiduciary, and read the compensation clause carefully.
- Verify what E&O insurance coverage the brokerage carries. Ask in writing.
- Choose a Florida-licensed closing agent or title company experienced with Canadian (foreign-national) buyers. Discuss the wire instructions for the earnest money deposit before contract.
- On accepted offer, confirm the FAR/BAR Inspection Period start and end dates in your calendar. Schedule general inspection, 4-Point (if applicable), wind mitigation, and any specialty inspections on the day of acceptance.
- Demand a Florida Realtors Seller's Property Disclosure even if the seller has not provided one. A refusal to provide is informative.
- Plan the closing-cost line items separately from the price (doc stamps, intangible tax, title insurance, prorations, etc.). Treat these in the dedicated closing-costs guide of this chapter.
- Coordinate the financing path (foreign-national mortgage or cash) early. Lender pre-approval before offer is standard practice in Florida.
- Brief your Canadian tax advisor on the planned acquisition and the holding structure (personal name, joint, LLC, Canadian corporation). The structure choice has cross-border tax consequences best validated before closing.
Section 12. FAQ
Is every Florida real estate licensee a Realtor®? No. Realtor® is a National Association of Realtors trademark, available only to NAR members. Non-NAR licensees are fully authorized to practice but cannot use the term. Most active Florida practitioners are NAR members because most regional MLSs are NAR-affiliated, but it is not universal.
Can the listing licensee in Florida represent me as a buyer too? Not as a fiduciary to both. Florida prohibits dual agency. The listing licensee can transition to a transaction broker for both parties (with the seller's prior written consent), in which case they represent neither as a fiduciary and provide only the seven duties listed in § 475.278(2). For genuine buyer representation, retain a separate licensee.
How is this different from what is allowed in Québec since June 2022? Québec prohibits the same licensee from holding both a Contrat de courtage vente and a Contrat de courtage achat on the same property in residential transactions. There is no Québec equivalent of the transaction broker (a non-fiduciary "facilitator") that Florida law allows. Practical effect: in Québec, you must retain your own buyer-side courtier; in Florida, the listing licensee can lawfully facilitate without representing you, but they are not your agent in a meaningful sense.
Do I have to sign a buyer-broker agreement to view properties in Florida? Since August 17, 2024, an MLS Participant working with a buyer must have a written agreement with the buyer before touring a home. This is a settlement practice change that applies to most Florida licensees because most Florida MLSs are NAR-affiliated. You can refuse to sign and view For Sale By Owner properties or work directly with the listing licensee under a no-brokerage or transaction broker relationship, but you cannot, as a practical matter, tour MLS-listed homes through an MLS Participant without the agreement.
Are commissions higher in Florida than in Québec? Both jurisdictions treat commissions as negotiable and not set by law. Historical residential commission ranges in the United States have typically been 5% to 6% combined, with significant variation. Québec residential commissions vary similarly by region and segment. Direct comparison is misleading because the underlying services, market structure, and split mechanics differ. Ask your licensee for a written quote calibrated to your specific transaction.
What happens if I have a serious dispute with a Florida licensee? Three avenues. File a complaint with FREC (DBPR) for licensing violations. File a NAR ethics complaint with the local Realtor® association (if the licensee is a NAR member). File civil litigation. The brokerage's E&O insurance may respond depending on the claim. There is no Québec-style FICI fund in Florida.
My Canadian friend used a Realtor® who spoke French. Is that enough? Speaking French is operational comfort. Cross-border competence is a separate question. Ask: how many Canadian buyer transactions in the last 24 months, with which lenders, with what FIRPTA awareness on the eventual exit, and what familiarity with the LLC question. Bilingual capacity is a useful threshold; closing-volume with Canadian buyers is the meaningful filter.
Does any of this apply if I buy without a licensee? Some of it does. The seller's Johnson v. Davis common-law disclosure duty applies whether or not a licensee is involved. The FAR/BAR contract is still the safest standard if used. The buyer-broker mandatory agreement does not apply if you are unrepresented. But you also lose the procedural protections of a licensee on your side, including the mechanics of escrow handling, the default contract architecture, and the discipline regime backstopping your counterparty's licensee.
Editorial team CanadaFlorida Editorial Team. Research drawn from primary public sources cited at the bottom of every guide: U.S. and Florida statutes, U.S. and Canadian federal agencies, official Florida county and state authorities, and Canadian provincial bodies where applicable. Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.
Essential disclaimer Educational purpose only. This document is reference information. It is not legal, tax, accounting, real estate, immigration, medical, or financial advice and does not create a client-professional relationship. Before any concrete decision, consult a licensed professional in the relevant jurisdiction: a Florida-licensed attorney, a cross-border tax professional, a Florida-licensed real estate broker, an immigration attorney, or your physician, depending on the question at hand. Treat this content as a research starting point, not as professional advice. A consultation with a licensed professional in the relevant jurisdiction is indispensable before any decision.