Real Estate Professionals Face Legal Shifts

ORLANDO, Fla. – Florida’s real estate professionals are navigating a wave of legal changes, from revisions to the National Association of Realtors’® Code of Ethics and new statewide condo requirements to updated flood disclosure rules and heightened warnings about scams targeting agents and their customers.

The changes, many of which took effect earlier this year or are set to begin soon, touch many aspects of real estate practice. Agents and brokers must stay vigilant on multiple fronts, from ensuring proper transaction disclosures to understanding new obligations under telemarketing and consumer protection laws, Florida Realtors' legal expert said at the 2025 Florida Realtors® Convention in August.

Florida Realtors attorneys say keeping current on these changes is critical not only to remain compliant but also to protect customers and safeguard their own businesses. Here are the primary changes outlined by the attorneys:

View the Florida Realtors Convention legal update slides here

• Standard of Practice (SOP) Changes – At the Realtors® Legislative Meetings this summer, NAR made multiple revisions to the Code of Ethics and Arbitration Manual that became effective June 5, 2025, including changes to 11 SOPs – 1-12, 1-13, 1-16, 3-1, 3-2, 3-9, 9-2,10-1, 10-5, 16-11 and 16-16. Some of the changes provide clarity on interpretation while others are related to the NAR settlement. Read more about the changes here and here.

• Scams & Cybersecurity – Real estate professionals are facing a growing array of scams and cybersecurity threats. Among the most prevalent are “pig-butchering” cryptocurrency schemes, fraudulent health insurance offers falsely claiming to be from NAR, wire and deed fraud, and AI-driven voice-cloning scams. Brokers are being urged to provide regular cybersecurity training, verify all wire instructions through direct phone calls and report suspicious activity to the FBI at ic3.gov or the FTC at reportfraud.ftc.gov. Staying vigilant and adopting strong digital safeguards is increasingly essential to protect both agents and their customers. Read more important information about safeguarding your business here and here.

• Condo Laws – Florida’s new condominium laws are reshaping how information is shared with buyers. “Condo 3.0,” which went into effect on July 1, 2024, requires most condo associations with 25 or more units to maintain secure websites by January 1, 2026. The sites must post key documents such as declarations, bylaws, budgets, contracts and inspection reports. “Condo 4.0,” which went into effect in July 2025, gives prospective buyers seven business days to review these documents and cancel a purchase agreement if needed, ensuring they have adequate time to make informed decisions. For more information about these changes, watch the Florida Realtors legal webinar.

• Flood Disclosures (taking effect Oct 1, 2025) – Under Johnson v. Davis, Florida sellers – and licensees who are aware – must disclose hidden residential defects that materially affect a property’s value. In June 2025, Gov. Ron DeSantis signed an expanded residential flood disclosure bill that affects both home sellers and long-term landlords. Beginning Oct. 1, 2025, sellers of residential property must provide an updated flood disclosure, and landlords leasing for a year or more are required to give a similar notice to tenants. The disclosure may also apply to vacant land intended for residential use. While penalties aren’t automatic, sellers who fail to disclose flood risks could face claims for damages if flooding occurs. Tenants who experience substantial loss due to noncompliance may have the right to terminate their lease, making it essential for real estate professionals to ensure accurate and timely disclosures. For more information about the new flood disclosure requirements, read here.

• TCPA Compliance Shift – Florida real estate firms must navigate new uncertainty under the Telephone Consumer Protection Act (TCPA) for telemarketing calls, texts and robocalls. FCC regulations require businesses obtain prior written express consent for autodialed or prerecorded communications, immediately honor stop requests and scrub calling lists against the National and Florida Do-Not-Call registries as well as the Reassigned Numbers Database. Violations can carry fines of $500 to $1,500 per call or message, making careful compliance essential.

Questions? Call or email the Florida Realtors Legal Hotline.

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