Legal update gives Realtors practical ways to reduce risk

Some of the biggest legal problems in a real estate transaction can start with seemingly small details — an unsigned extension, an unanswered disclosure question or even the placement of a comma.

That was a recurring message from Florida Realtors® legal and policy experts during the Legal Update at the 2026 Florida Realtors Convention & Trade Expo.

Florida Realtors General Counsel Juana Watkins, associate general counsels Maria Marchante, Heather Rhodes and Joel Maxson and Director of Local Association Services and attorney Shannon Allen covered developments ranging from contracts and septic systems to buyer agreements, court decisions and changes to National Association of Realtors® professional standards.

The practical takeaway for Realtors: Pay attention early, ask questions and document transactions.

Marchante drove that point home with a Broward County case involving a buyer who wanted to extend the closing date. An addendum was drafted, but the seller never signed it.

“If there was a TLDR, it’s get it in writing,” Marchante said. “Get it in writing, get it in writing.”

Another case turned on the placement of a single comma in a contract provision. It served as a reminder, Marchante said, that “words matter.”

Among the session’s key takeaways:

• Address septic questions early. Rhodes said Florida has about 2.6 million septic systems, and state water-quality requirements can trigger different obligations depending on a property’s location. Realtors can use Florida Department of Environmental Protection maps to help property owners determine whether a property is in an affected area and what may be required.
• Make disclosure conversations part of the listing process. With some enhanced septic systems costing an estimated $15,000 to $35,000, Rhodes urged Realtors to raise potential issues before a transaction reaches closing. “Be the source of the source,” she said, encouraging Realtors to direct customers to DEP, local governments, contractors and other appropriate experts.
• Know what the buyer agreement actually creates. Maxson revisited Florida Realtors’ buyer representation forms two years after major changes were introduced. His broader reminder: understand which form you are using, what relationship it creates and what obligations come with it.
• Keep watching professional standards. Allen reviewed recent NAR professional standards actions involving arbitration, complaint procedures and dispute resolution. She also noted several proposed changes that were sent back for further consideration, underscoring that some policy discussions are still evolving.

Watkins also told attendees about the new upcoming Florida Realtors Law & Audio series designed to deliver short explanations of frequently asked legal questions that members can listen to on the go.

Across the issues, the advice came back to the same point: Realtors don’t have to become legal experts. But knowing where problems can develop, and addressing them before they grow, can help protect customers, transactions and their own businesses.

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