Real estate commission in Florida is not set by law or by NAR: it is fully negotiable between you and the brokerage. Since August 17, 2024, offers to pay the buyer’s agent can no longer be posted on NAR-affiliated MLSs, and buyers must sign a written agreement stating a clear amount or rate before touring. Sellers can still agree to pay the buyer’s agent, but it is a negotiation.

The 2024 changes came from the settlement of class actions brought by home sellers against the National Association of Realtors (NAR). They did not ban any way of paying agents, but they moved the conversation about pay out of the MLS and into written agreements with buyers and sellers.

This guide explains what changed, what Florida law says about brokerage relationships and listing agreements, who can pay the buyer’s agent, and what to ask before you sign.

  • Commissions are negotiable: no law or association sets the amount.
  • Buyers sign a written agreement with a specific, not open-ended, compensation before touring.
  • Sellers decide whether to offer anything to the buyer’s agent, off the MLS or as a concession in the contract.
  • Florida listing agreements must state the fee or commission and a definite expiration date.

The NAR settlement in brief

The best-known case is Burnett v. NAR (often called Sitzer/Burnett), heard in the U.S. District Court for the Western District of Missouri. Judge Stephen R. Bough approved NAR’s settlement at a hearing on November 26, 2024, and signed the written final approval order on November 27, 2024. In August 2026, the U.S. Court of Appeals for the Eighth Circuit affirmed that approval and rejected the objectors’ appeals.

NAR put the practice changes in place before final approval. They took effect on August 17, 2024 (NAR notes some MLSs had until September 16, 2024). The main changes:

  • No offers of compensation on the MLS. Listing brokers can no longer use the MLS to advertise what they will pay a buyer’s agent.
  • Written buyer agreements before touring. An agent working with a buyer must sign a written agreement before touring a home, in person or by live virtual tour.
  • Clear compensation. The agreement must state the amount or rate in a way that is objectively ascertainable, not open-ended, and the agent cannot receive more than that amount from any source.
  • Negotiability disclosed. Buyer agreements and listing agreements must say that broker commissions are not set by law and are fully negotiable.

An agent hosting an open house only on behalf of the seller is not “working with” a buyer, so that alone does not require a buyer agreement, according to NAR.

What the Department of Justice said

The U.S. Department of Justice (DOJ) did not take part in the settlement. In a statement of interest filed on November 24, 2024, it said it took no position on whether the settlement should be approved, apart from one concern: the rule requiring a written agreement before touring raised independent antitrust concerns. The DOJ suggested the parties or the court make clear that approval gives no antitrust immunity for that provision.

The same filing noted that the settlement still allows offers of compensation to buyer brokers, just not on an MLS. Describing the old system, the DOJ wrote that sellers felt pressure to offer what it called the “customary” rate of 2.5–3% to buyer brokers. That is the DOJ’s description of a past practice, not a legal, standard or recommended rate. The DOJ has filed other statements of interest in commission cases, listed on its Antitrust Division website.

Before and after August 2024

Topic Before August 17, 2024 Since August 17, 2024
Offer to pay the buyer’s agent Often shown on the MLS listing Not allowed on NAR-affiliated MLSs; can still be made off the MLS
Buyer agreement No settlement rule requiring one before showings Written agreement required before touring, including live virtual tours
Buyer agent’s pay In practice, largely decided on the listing side, according to the DOJ Agreed with the buyer in writing as a clear amount or rate
Cap on pay No uniform rule Agent cannot receive more than the agreed amount from any source
Negotiability Negotiable, but no settlement disclosure rule Agreements must say commissions are not set by law and are fully negotiable
Seller concessions Allowed Still allowed; MLSs can show seller concession fields

What Florida law says

Brokerage relationships (s. 475.278)

Florida allows three relationships: transaction broker, single agent, or no brokerage relationship. Licensees are presumed to be transaction brokers unless a single agent or no brokerage relationship is set up in writing. Dual agency is prohibited. A single agent owes loyalty, confidentiality, obedience and full disclosure on top of the transaction broker duties, and the single agent disclosure must be given before or when you sign a listing or representation agreement, or before a showing, whichever comes first. The relationship affects how much your agent can advocate for you, so ask which one you are signing.

Listing agreements (s. 475.25)

Florida law requires a written listing agreement to include a definite expiration date, a description of the property, the price and terms, the fee or commission, and the signature of the owner. The broker must give the owner a signed copy within 24 hours, and the agreement cannot require the owner to notify the broker of cancellation after the expiration date.

We did not find a Florida Real Estate Commission rule that sets commission amounts or adds separate buyer-agreement requirements as of October 2026; the written buyer agreement requirement comes from the NAR practice changes that MLSs adopted.

Who can pay the buyer’s agent?

  • The seller, by agreeing with the listing broker to offer compensation off the MLS, or by accepting a buyer’s request in the purchase contract.
  • A seller concession negotiated in the offer that helps cover the buyer’s costs. Concessions are different from offers of compensation and can still appear in MLS fields.
  • The buyer, paying directly at closing what the buyer agreement says, in full or for the part the seller does not cover.

Whatever the source, your agent cannot be paid more than your written agreement says. Loan programs have their own rules about what a buyer may pay, so ask your lender early. For example, the U.S. Department of Veterans Affairs issued Circular 26-24-14, effective August 10, 2024, a temporary variance that lets veterans pay reasonable and customary buyer-broker charges in areas where these charges can no longer be set through MLS listings. The charges cannot be added to the VA loan amount, the seller can still pay them, and VA does not count the seller’s payment as a seller concession. VA’s circulars page still lists it as valid until rescinded.

Agent pay is only one line of your bill. See our guide to closing costs in Florida for the rest.

How to negotiate

If you are selling

  • Ask what the listing fee includes (photos, marketing, open houses) and how long the listing lasts.
  • Decide with your broker whether to offer anything to buyer agents and how you will respond to buyers who ask for it in their offer.
  • Compare several brokerages; our best brokerages in Miami ranking and the Miami city page are a starting point.
  • Know your number first: estimate your home’s value for free before you talk price and fees.

If you are buying

  • Read the buyer agreement before your first tour: term, area, amount and what happens if the seller pays part.
  • Ask for a short or limited agreement if you are just starting.
  • Decide in advance whether you will ask the seller to cover your agent’s fee in your offer.

Choosing the agent matters as much as the fee. Our guide on how to choose a real estate agent covers license checks, questions and red flags.

Frequently asked questions

Is there a standard real estate commission in Florida?

No. Commissions are not set by law or by NAR, and they are fully negotiable between you and the brokerage. Florida listing agreements must state the fee or commission in writing.

Does the seller still pay the buyer’s agent in Florida?

The seller can, but does not have to. Since August 17, 2024, offers to pay the buyer’s agent cannot appear on NAR-affiliated MLSs, but sellers can still agree to pay off the MLS or as part of the purchase contract.

Do I have to sign an agreement with a buyer’s agent before seeing homes?

Yes, if the agent is working with you as a buyer and is part of an NAR-affiliated MLS. The written agreement must be signed before touring a home, including live virtual tours, and must state a clear amount or rate of compensation.

What is a transaction broker in Florida?

It is the default brokerage relationship under section 475.278 of the Florida Statutes, with limited representation and duties such as honesty, skill and care, and limited confidentiality. Another relationship, such as single agent, must be set up in writing.

Can I pay my buyer’s agent with a VA loan?

Under VA Circular 26-24-14, effective August 10, 2024, veterans may pay reasonable and customary buyer-broker charges in areas where these charges can no longer be set through MLS listings, but the charges cannot be included in the loan amount. Confirm the current rules with your lender.

Sources

This article is for general information only and is not legal, tax or financial advice. Amounts and rules change: confirm them with the official sources linked above or with a licensed professional before making decisions.