Since August 17, 2024, a Realtor working with you as a buyer must have a signed written agreement with you before you tour a home, in person or by live video. That agreement states exactly how much your agent will be paid, and offers of buyer-agent pay can no longer appear in the MLS. Sellers can still pay your agent or give you concessions, but now it is negotiated openly, usually in your offer.
What changed after the NAR settlement
The National Association of REALTORS® settled the nationwide commission lawsuits in 2024, and new practice rules took effect on August 17, 2024. The key changes:
- No compensation offers in the MLS. Listings no longer show what a seller will pay a buyer's agent. Brokers may share offers for their own listings in other ways, such as on their own websites.
- Written agreement before touring. A "tour" means entering a home with the agent, or a live virtual tour the agent leads. Visiting an open house on your own, or talking to an agent about their services, does not require one.
- A specific amount. Pay must be "objectively ascertainable," such as a flat fee or a set percentage, not a range or "whatever the seller offers."
- No more than agreed. Your agent cannot collect more from any source than the amount in your agreement.
- Negotiable. Agreements must state that commissions are not set by law and are fully negotiable.
The Florida forms you will see
Most South Florida agents use Florida Realtors forms, updated effective January 5, 2026.
| Form | What it does | Best for |
|---|---|---|
| Showing Agreement (SA-5) | Non-exclusive; covers only the specific properties listed on it | Seeing one or a few homes before you commit to an agent |
| Exclusive Buyer Brokerage Agreement (EBBA-8) | Exclusive for a set period and area; versions for each brokerage relationship; can include a retainer | A full home search with one agent |
| Compensation Agreement (CASSB-1) | Seller or listing broker agrees in writing to pay your broker | Locking in seller-paid compensation before or with an offer |
| Modification (MCSB-1) | Changes an existing compensation agreement | Adjusting terms during negotiation |
A Showing Agreement is meant for identified properties; Florida Realtors' own legal staff advised in October 2026 against stretching it to cover a whole county. If you want broad help, the EBBA is the right tool.
Transaction broker or single agent?
Florida law presumes a real estate licensee is a transaction broker unless you agree in writing to a single agent relationship or no brokerage relationship. A transaction broker owes you honesty, skill and care, limited confidentiality and proper accounting of funds, but not full loyalty. A single agent owes fiduciary duties, including loyalty and full confidentiality. Signing a buyer agreement does not by itself change which relationship you have, so read that section and ask questions.
Have a question about your situation? Aldrick answers in English or Spanish.
Call (786) 545-9222How your agent gets paid now
There are four common ways, and they can be combined:
- The seller pays, because the listing broker has offered compensation outside the MLS or signs a compensation agreement.
- You ask in your offer for the seller to pay your broker a set amount at closing.
- You request a seller concession, a credit toward your closing costs, within your loan's limits.
- You pay at closing from your own funds, for any amount the seller does not cover.
The most important line in your agreement is what happens if the seller pays less than your agreed amount. Some agreements make you responsible for the difference; others let the agent accept less. Know which one you are signing. Commission levels have not fallen much nationally since the settlement, and a 2025 academic study found more than 90% of buyers still use representation. Budget for it using our buyer closing costs guide.
Seller concessions and loan limits
Your lender limits how much the seller and other interested parties can contribute toward your costs.
| Loan type | Typical seller contribution limit |
|---|---|
| Conventional, home or second home, more than 90% loan-to-value | 3% |
| Conventional, 75.01% to 90% loan-to-value | 6% |
| Conventional, 75% or less loan-to-value | 9% |
| Conventional investment property | 2% |
| FHA | 6% |
| VA | 4% in concessions, plus normal closing costs |
Fannie Mae and Freddie Mac have confirmed that a seller paying the buyer's broker in line with local custom does not count toward these caps, but you cannot roll a buyer-agent fee into your mortgage. VA buyers have been allowed to pay their own agent since August 2024; confirm the current VA rules with your lender. First-time buyers should also read our first-time buyer guide.
Questions to ask before you sign
- How long does the agreement last, and how can either of us end it?
- Is it exclusive, and does it cover specific homes, an area or all of South Florida?
- What is the exact compensation, and who pays it?
- If the seller pays less, do I owe the difference?
- Is there a retainer fee, and is it credited at closing?
- Is there a protection period after it expires?
- Will you work with me as a transaction broker or a single agent?
What it means for sellers
Sellers still decide whether to offer buyer-agent compensation, and how much. Offering it, or being open to concessions, can widen your pool of buyers, especially first-time and FHA or VA buyers with limited cash. Listing forms updated in January 2026 also reflect NAR's 2025 policy giving sellers more choice in how their home is marketed. Run the numbers with our seller net sheet, and see our selling page.
How we can help
We explain every line of the agreement in English or Spanish before you sign, and we put the compensation in writing so there are no surprises at closing. Aldrick Gonzalez, Realtor®, works with buyers and sellers across Miami-Dade, Broward and Key Largo. Call (786) 545-9222 for a free consult.
Rules as of November 2026. This is general information, not legal or tax advice; check with a real estate attorney, CPA or lender before you sign.
Frequently asked questions
Do I have to sign an agreement before an agent shows me a house in Florida?
Yes, if the agent is an MLS participant working with you as a buyer. The written agreement must be signed before you tour a home in person or by live video; visiting an open house on your own does not require one.
Who pays the buyer's agent now?
It can be the seller, through the listing broker or a request in your offer, a seller concession, or you at closing. Your agreement must state the exact amount and what happens if the seller pays less.
Can I cancel a buyer agreement?
It depends on the form and the terms you negotiate. A Showing Agreement covers only listed properties, while an exclusive agreement runs for a set period, so ask how to end it and whether a protection period applies before you sign.
Are commissions set by law in Florida?
No. Commissions are fully negotiable, and buyer agreements must say so. The amount must be specific, such as a flat fee or a set percentage, not a range.
Can a seller still give me money toward closing costs?
Yes, within your loan's limits, such as 3% to 9% on conventional loans depending on your down payment, 6% on FHA and 4% in concessions on VA. Customary seller-paid buyer broker fees do not count toward the conventional caps.
Sources
- National Association of REALTORS®: NAR practice changes to take effect Aug. 17
- National Association of REALTORS®: Written buyer agreements 101
- Florida Realtors: NAR settlement buyer broker agreement FAQs
- Florida Realtors: New and updated forms (January 2026)
- Florida Realtors: Can a showing agreement cover a large territory? (October 2026)
- Fannie Mae Selling Guide B3-4.1-02: Interested party contributions
- RISMedia: Study finds consumer shifts in commissions post-settlement
More guides and tools
Questions before you sign? Ask us
Book a free consult and we'll walk you through the agreement, the compensation and your options, with no pressure to commit.