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Most people sign a Florida real estate form and assume they just hired someone who will fight for them like a fiduciary. That assumption can be expensive. Florida is different, and the default relationship in many transactions is “transaction broker,” which can mean the deal gets facilitated while neither side gets full, loyal representation unless something specific is signed.

I’m joined by attorney Lauren Cole of Gibson Cole in Sarasota County to unpack what Florida representation really means for buyers and sellers. We walk through the history that led here, from the old seller-only world to the buyer-broker movement, and then into the transaction broker model that became the industry norm. Along the way, we connect it to today’s pressure for transparency, including the wider conversations happening across real estate after the NAR lawsuits.

Lauren also shares a concrete closing story where confidentiality and fiduciary duty changed the outcome, plus the practical reason a real estate attorney at closing can be a major upgrade over a title-only closing. We talk about common legal issues that show up late, like condo reserve changes and increased dues, how spouses should take title, when an LLC or trust may matter, and why attorney-drafted addendums can put agents in a tough spot since they can’t practice law.

If you’re buying or selling in Florida, this is your reminder to ask one question early: who actually represents me here, and in what capacity? Subscribe, share this with a friend moving to Florida, and leave a review so more buyers and sellers stop finding out the hard way.

Steve Martin Smith is a Licensed Florida Real Estate Broker and the owner of Slice of Florida Realty in Sarasota County Florida.

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In the second full year after the landmark NAR settlement, Florida’s real estate market hasn’t collapsed — it’s evolved into something far more transparent and buyer- and seller-friendly.

Host Steve Martin Smith shares eye-opening field notes from Sarasota County and surrounding areas (Pinebrook South, Wellen Park, Venice, North Port, Lakewood Ranch, and more). You’ll discover why a home selling at 92% of list price in 2026 can actually put more money in the seller’s pocket than the old “95% gold standard” ever did.

Ian and Angela break down the new realities of decoupled commissions, including:

• How the old hidden 5-6% buyer agent fee artificially inflated prices and hurt net proceeds
• Three major trends emerging in 2026: Traditional seller concessions, direct-paying buyers creating cleaner offers, and unrepresented buyers using transactional services to slash costs
• A creative “pay commissions outside the contract” strategy that lowers the recorded purchase price — saving on agent fees, Florida documentary stamp taxes, title insurance, and locking in lower future property taxes under the Save Our Homes cap

Whether you’re selling your family home or buying a retirement property in Southwest Florida, this episode shows exactly how focusing on net yield (not gross sale price) creates true win-win deals that simply weren’t possible before the rules changed.

Key takeaway: The power has shifted. Smart sellers and buyers who understand the new mechanics are saving thousands — sometimes tens of thousands — by questioning the old way of doing business.

Timestamps:

• 0:00 – Season 5 rocking new intro
• 2:28 – Life after the 2024 NAR settlement in 2026
• 3:50 – Why 95% offers weren’t the win everyone thought
• 6:20 – Trend 1: Traditionalists still negotiating concessions
• 7:47 – Trend 2: Direct payers making stronger, cleaner offers
• 9:44 – Trend 3: Unrepresented buyers & transactional services
• 13:54 – The ultimate creative deal structure (paying both commissions outside the contract)
• 16:59 – Cascading savings: commissions, doc stamps, title fees & long-term property taxes
• 19:14 – Final lessons: Focus on net, not gross

Resources:

• Get personalized buying or selling coaching in Sarasota, Charlotte & Manatee counties → sliceofflorida.com
• Search homes in the land of the sun → Homes.com
• Read the original blog post that inspired this episode

If you’re buying or selling in Florida in 2026, this episode will change how you think about commissions, offers, and negotiations forever.

Rate ⭐️⭐️⭐️⭐️⭐️ and leave a review — we read every single one!
What surprised you most about these new deal structures? Share in the comments or on our Facebook page.

Steve Martin Smith is a Licensed Florida Real Estate Broker and the owner of Slice of Florida Realty in Sarasota County Florida.

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Inspired by this SliceOfFlorida.com Blog Post

• Unethical buyer agent tactics: Two real-life stories.
• Situation 1: 5% fee, six-month statewide contract.
• Situation 2: Blank compensation traps.
• Why it matters in fast-moving Florida markets.
• Tips to choose a trusted agent.

• [00:02] Intro: Buyer brokerage agreements in Florida.
• [02:14] Situation 1: Exorbitant statewide agreement.
• [07:04] Situation 2: Blank compensation trap.
• [09:49] Why It Matters: Risks in Venice and Sarasota.
• [10:57] FAQ: Fair agreement essentials.
• [12:23] Tips: Choosing a trusted agent.
• [13:15] Takeaway: Avoid scams with Slice of Florida Realty.

• Four red flags: High fees, vague terms, no cancellation, statewide claims.
• NAR membership doesn’t guarantee ethics.
• Actionable tips to vet agents and save money.

• Slice of Florida Realty for Venice home buying guides and Sarasota market trends.
• Call (941) 894-9800 for guidance or agent referrals.

Steve Martin Smith is a Licensed Florida Real Estate Broker and the owner of Slice of Florida Realty in Sarasota County Florida.