Florida Business Broker Agreements

2. Florida Legal Context

Business broker agreements in Florida are governed by state contract law and regulatory rules. Key points include:

• Licensing: Florida requires business brokers who handle real estate (leases or property sales as part of the business deal) to hold a real estate license under Chapter 475, Fla. Stat.
• Commission: Florida law enforces written commission agreements. Without one, disputes can arise over payment.
• Exclusivity: Most agreements grant the broker exclusive rights to sell for a set period.
• Fiduciary Duties: Brokers owe duties of honesty, confidentiality, and fair dealing to their clients.
• Non-Circumvention Clauses: These prevent sellers from bypassing the broker to avoid paying commission if the broker introduces the buyer.

3. Real-World Application

Examples of broker agreements in Florida:

• A Miami restaurant owner signs an exclusive broker agreement, giving the broker six months to market the business and earn a 10% commission on any sale.
• An Orlando manufacturing company uses a non-exclusive agreement, allowing multiple brokers to compete for buyers.
• A Tampa business broker includes a tail clause requiring commission if a buyer introduced during the contract period closes a deal within 12 months after expiration.

4. Why It Matters for Business Owners

A poorly written broker agreement can lead to expensive disputes—or even liability for paying multiple commissions.

Why it matters:

• Defines scope of work: Clarifies whether the broker will only introduce buyers or also negotiate terms.
• Protects seller: Ensures confidentiality and avoids buyers being approached without screening.
• Protects broker: Secures payment rights for their work in finding a buyer.
• Avoids litigation: Clear agreements reduce commission disputes after the sale closes.

Common mistakes in Florida:

• Signing “standard form” broker agreements without negotiation.
• Failing to define when a commission is earned (at contract signing vs. closing).
• Overlooking confidentiality protections for sensitive financial information.
• Not aligning the broker agreement with the legal terms of the final sale contract.

5. Real-World Florida Examples

• A Sarasota business owner had to pay two brokers because his first agreement didn’t clearly end before he signed with another.
• A Jacksonville seller avoided litigation because the broker agreement clearly defined commission as payable only upon closing, not when a buyer was introduced.
• A Fort Lauderdale café sale went smoothly because the broker agreement included strong confidentiality terms that protected sensitive financial data.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, we review, draft, and negotiate Florida business broker agreements to ensure they are fair, clear, and enforceable. We help:

• Draft broker agreements that protect your financial and legal interests
• Clarify commission terms, exclusivity, and duration
• Add confidentiality and non-circumvention protections
• Resolve disputes between sellers, buyers, and brokers
• Align broker agreements with final sale documents to prevent conflict

Our goal is to make sure you’re protected whether you are the business owner or the broker.

7. FAQs (Frequently Asked Questions)

Q: Do Florida business brokers need a license?
A: Yes, if they handle real estate as part of the sale (like assigning a lease or selling property). Otherwise, many operate as business intermediaries without a real estate license.

Q: Is a broker agreement required by law in Florida?
A: While not required to hire a broker, a written agreement is the only way to clearly define commission rights and avoid disputes.

Q: What’s the typical commission for a Florida business broker?
A: Usually 8–12% of the sale price, depending on the size and type of business.

Q: Can I use multiple brokers at once?
A: Yes, but only with a non-exclusive agreement. Most brokers prefer exclusive agreements to justify their marketing efforts.

Q: Why should a lawyer review my broker agreement?
A: Because commission, exclusivity, and confidentiality terms can create long-term obligations—even after the agreement ends. A lawyer ensures your rights are protected.

8. How to Retain Our Law Firm

We offer multiple access points tailored to your needs:

• Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
• 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
• 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
• Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)

All services are available in-person, by phone, or virtually.

9. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

• On demand strategic legal consultations with Attorney Gil Sanchez
• Document review and compliance audits
• Guidance on contracts, leasing, employment, and liability
• Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
• Proactive legal support to mitigate lawsuits and reduce risk exposure
• Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
• Entrepreneur coaching and a growing library of business education resources
• Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

• Call or text us at (813) 254-1777
• Or fill out the secure contact form below

A member of our team will respond promptly to schedule your consultation.

10. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

• Call or text: (813) 254-1777
• Email: info@blackrocklaw.com
• Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

11. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.

Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.

He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.

Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.

At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.

12. The Law Firm’s Geographical Reach

We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.

13. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.