Do I have to sign a buyer-broker agreement in Florida now?

If you bought a home before 2025, the process changed in a way that surprises a lot of repeat buyers: you now sign a written agreement with your agent before they start showing you homes, and that agreement states exactly how your agent gets paid.

This stems from the national NAR settlement that reshaped how buyer-agent commissions work, and it’s now standard practice in Florida.

What the agreement covers

• The relationship — that the agent represents you, the buyer
• Compensation — how much your agent is paid and by whom
• Term and scope — how long it lasts and what areas/types of homes it covers
• Whether it’s exclusive — whether you can also work with other agents

The three Florida Realtors agreement types

Florida Realtors offers a few standard forms, ranging from low- to high-commitment — so you don’t have to sign an exclusive long-term contract just to see a house:

1. Property Pre-Touring Agreement — the lightest option, covering a tour of specific properties before you’ve committed to an agent.
2. Showing Agreement — covers an agent showing you homes, still relatively limited in scope and term.
3. Exclusive Buyer Brokerage Agreement — the full, exclusive representation contract for buyers ready to commit to one agent.

All three are enforceable contracts, so read the term length and compensation before signing — and start with a lighter form if you’re not ready to commit.

Why it matters for your budget

Previously, the seller almost always paid both agents’ commissions, so buyers rarely thought about it. Now, buyer-agent compensation is openly negotiated and can be paid in different ways:

1. The seller offers to pay it (still common)
2. The buyer pays the agent directly
3. A split between the two

In practice, sellers in the 2026 buyer’s market often still offer to cover it — but it’s now a negotiated term in your offer, not an automatic given. Ask your agent to walk you through how their fee will be paid on any specific home before you write an offer, so there are no surprises at closing.

What this means for you

• Read the agreement before signing. You can negotiate the rate, the term length, and whether it’s exclusive.
• Short terms are fine. You don’t have to commit to one agent for six months to tour a few houses — many sign a limited or per-property agreement to start.
• Factor it into your cash-to-close. If you agree to pay any portion of your agent’s fee, that’s part of your closing math. See our closing costs guide.

One more 2026 change for cash/entity buyers

If you’re buying with cash through an LLC, trust, or other entity, a federal FinCEN rule that took effect March 1, 2026 requires the closing/title company to report certain details about the transaction and the beneficial owners. It doesn’t add tax — it’s an anti-money-laundering reporting step — but your title company will ask for extra information.

Have more questions? Browse our full FAQ library or get your free Florida Home Buying Guide.