If you plan to tour homes with a Realtor in Florida, you will be asked to sign a buyer agreement before you walk through the door. That is a change from a few years ago, and it surprises a lot of buyers. This guide explains what a buyer broker agreement is, the three types you may be handed, what to read before you sign, and how agent pay works now, so you can say yes with your eyes open.
Rules summarized here come from the Florida Realtors NAR settlement FAQ, last updated June 2025, and can change. This guide is general information, not legal advice. If a clause worries you, have a real estate attorney review it before you sign.
What Is a Buyer Broker Agreement?
A buyer broker agreement is a written contract between you and a real estate brokerage. It says who the agent works for, what the agent will do, how long the relationship lasts, and how the agent will be paid. Since August 2024, a written agreement is required before an agent who is an MLS participant tours a home with you. Florida Realtors defines touring as entering the home, including a live virtual tour.
There is a narrow exception for open houses. A listing agent hosting an open house for the seller does not need a buyer agreement from you. If your own agent takes you to that open house, the agreement is required.
The Three Agreements You May Be Offered
Florida Realtors publishes several standard forms. These are the ones buyers meet most often:
| Agreement | What it covers | Best when |
|---|---|---|
| Property Pre-Touring Agreement | The required disclosures and basic compensation information before showing a property | You are just starting and want to see a home before committing |
| Showing Agreement | Specific properties named in the agreement | You want to see one or a few particular homes |
| Exclusive Buyer Brokerage Agreement (EBBA) | An exclusive relationship for a set period, with buyer duties and agreed compensation | You have chosen an agent and are ready to search seriously |
The exclusive agreement comes in four versions that reflect different brokerage relationships, and one agreement can cover many properties for a set timeframe. Ask which version you are signing and what it means for the agent’s duties to you. Our buyer’s agent guide explains how Florida’s brokerage relationships work.
How the Agent Gets Paid Now
The pay rules changed in two ways. First, the agreement must state compensation in a way that is specific and objectively ascertainable. A range, or a promise that the agent will take whatever the seller offers, does not meet that standard. The amount can be a percentage, a flat fee, an hourly rate or even zero. Commissions are not set by law and are fully negotiable.
Second, no compensation information may appear in the MLS anymore. Sellers can still offer to pay a buyer’s agent, but that offer happens outside the MLS, and you can also ask for it in your offer as a seller concession.
Here is a simple illustration of the gap that can appear. These numbers are examples, not a quote:
- You agree to pay your agent 3% of a $300,000 purchase, which is $9,000.
- The seller offers $6,000 toward buyer agent compensation.
- The gap is $3,000. You can ask the seller to cover it in your offer, negotiate a lower fee, or pay it at closing.
Fannie Mae and Freddie Mac allow seller concessions to cover buyer agent fees, but you cannot finance a commission into your mortgage. Talk to your lender early if you plan to use a VA, FHA or conventional loan, because rules differ by loan type. Our realtor cost guide breaks down typical fees.
What to Read Before You Sign
Every agreement is negotiable. Use this checklist when you read yours:
- Type of agreement. Is it a one-time showing agreement or an exclusive agreement for months?
- Length. How long are you committed, and does it renew automatically?
- Area and property types. Does it cover every home you might buy, or only certain counties or property types?
- Compensation. Is the amount written as a percentage or flat fee, and who pays if the seller offers less?
- Retainer fees. Is any money due up front, and is it credited at closing?
- Cancellation. How do you end the agreement if the relationship is not working?
- Homes outside the agent’s listings. What happens if you buy new construction or a home you found on your own?
- Who the agent represents. Which Florida brokerage relationship applies?
If anything is unclear, ask for the answer in writing. A good agent will explain the form without pressure, and you should be comfortable before you sign.
Questions to Ask Before You Commit
- What will you do for me that I could not do on my own?
- How do you handle a gap between your fee and what the seller offers?
- Can we start with a shorter agreement or a showing agreement?
- What happens if I want to stop working together?
Our list of questions to ask a realtor and our guide on how to choose a realtor in Florida go deeper. If you qualify for state help with your down payment, read about the Florida Hometown Heroes program before you finalize your budget, and see the full Florida home buying guide.
Your Next Step
The agreement is not a trap, but it is a real contract. Read it, ask questions, and negotiate what does not fit. If you are searching in Putnam, Clay, Alachua or St. Johns County, Kassidy can walk you through the form before your first showing so you know exactly what you are agreeing to.
