Buyer Representation

What is a buyer agreement?

A buyer agreement is a written agreement between you and the brokerage that represents you. In Florida, most agents use forms from Florida Realtors: the Exclusive Buyer Brokerage Agreement or the shorter Showing Agreement. The agreement covers:

• How long the agreement lasts
• The type and location of home you're looking for
• What the brokerage will do for you, and what you agree to do
• The compensation amount and how it can be paid
• Your brokerage relationship under Florida law

What changed in 2024

These rules come from the National Association of REALTORS® (NAR) settlement. A federal appeals court upheld the settlement in August 2026, so they stay in place.

• Written agreement before touring. This includes live virtual tours. Visiting an open house on your own, or asking an agent about their services, does not require one.
• A specific amount. The agreement must state a dollar amount, a percentage or a clear formula. “Whatever the seller offers” and ranges like “2–3%” aren't allowed.
• No more than the agreed amount. The brokerage can't be paid more than the agreed amount from any source.
• Negotiable, not set by law. The agreement must say this plainly.
• No compensation offers in the MLS. Sellers can still offer compensation outside the MLS, and can still offer buyer concessions such as help with closing costs.

Understanding compensation

• The agreement states what your brokerage will be paid.
• Payment can come from the seller, the listing brokerage, you, or a combination. Anything the seller or listing brokerage pays counts toward the agreed amount.
• Under the Florida Realtors agreement, if the seller pays less than the agreed amount, or nothing, you owe the difference. We'll go over this before you sign so there are no surprises.
• Buyer-agent compensation can't be added to your mortgage, but most loan programs allow seller concessions to be used toward it.

We ask the seller to pay when we make the offer

When we write an offer, we can ask the seller to pay your agent's compensation as part of the offer. The Florida forms give a few ways to do it:

• Seller credit: the seller gives you a credit at closing that you apply toward the fee (Rider FF to the AS IS contract).
• Compensation agreement: the seller or listing brokerage signs a separate agreement to pay your brokerage.
• Make it a condition: your offer depends on the seller or listing brokerage agreeing to pay (Rider GG). If they don't, you can cancel.

The seller can accept, counter or say no, the same as any other term in your offer. We'll choose the approach that fits each house.

Florida brokerage relationships

Florida law (Section 475.278, Florida Statutes) presumes an agent works with you as a transaction broker unless a single agent or no brokerage relationship is set up in writing. Dual agency isn't allowed in Florida. The agreement names which relationship applies, and you'll receive the matching disclosure.

Seeing the agreement first

You'll get a copy of the Florida buyer agreement to review before you sign, and we'll go through it section by section. Ask about anything that isn't clear.

Common Questions