Published October 10, 2026 · Recalde & Friedman, PLLC · For real estate agents
The short version
The commission rules agents follow today come from two places. The first is the practice changes that the National Association of REALTORS® (NAR) agreed to in its settlement of the broker-commission class actions. They took effect on August 17, 2024. The second is Florida law, mainly chapter 475 of the Florida Statutes and the Florida Real Estate Commission (FREC) rules. The NAR changes are MLS and membership rules. They are not Florida statutes, and they sit on top of Florida law rather than replacing it.
What changed on August 17, 2024
| Change | What it means in practice |
|---|---|
| No offers of compensation on the MLS | Listing brokers can't put an offer of compensation to buyer brokers on the MLS, including in agent remarks or a yes/no field. Offers can still be made off the MLS, for example by direct communication or a written agreement between brokers. |
| Written buyer agreement before touring | An MLS participant "working with" a buyer must have a written agreement before the buyer tours a home, in person or by live virtual tour. See our guide to written buyer agreements. |
| Compensation terms in the buyer agreement | The agreement must state the amount or rate in a way that is objectively ascertainable and not open-ended, and the broker can't receive more than that amount from any source. |
| "Not set by law" disclosure | Listing agreements, buyer agreements and other pre-closing forms about broker representation must state conspicuously that broker commissions are not set by law and are fully negotiable. |
| Seller approval of payments to buyer brokers | A listing broker must disclose to the seller in writing, and get the seller's approval for, any payment or offer of payment to a buyer's broker, before it is made, stating the amount or rate. |
| Seller concessions still allowed on the MLS | MLSs may allow seller concessions, such as a credit toward the buyer's closing costs, as long as the concession isn't limited to or conditioned on the buyer using or paying a buyer broker. |
What Florida law did not change
As of the 2026 Florida Statutes, the core brokerage rules in chapter 475 are the same as before the settlement:
- Brokerage relationships. Under § 475.278, a Florida licensee may work as a transaction broker or a single agent, or with no brokerage relationship. Dual agency is not allowed. Licensees are presumed to be transaction brokers unless another relationship is set up in writing.
- Written listing agreements. Under § 475.25(1)(r), every written listing agreement needs a definite expiration date, a property description, the price and terms, the fee or commission, and the principal's signature. The seller must get a copy within 24 hours.
- Who gets paid. Under § 475.42(1)(d), a sales associate can collect money only in the name of, and with the consent of, the employing broker.
Bills to amend § 475.278 were filed in 2025, including HB 805, but HB 805 died in committee, and the 2026 statute still reads as before. Florida has not passed a statute that requires a written buyer agreement in every residential sale. In Florida, that requirement comes from the MLS and NAR rules.
What Florida forms changed
Florida Realtors revised its listing and buyer brokerage forms in mid-2024. It also added compensation agreements (seller to buyer's broker and listing broker to buyer's broker), a compensation disclosure statement, and two contract riders: FF (Credit Related to Buyer's Broker Compensation) and GG (Seller's Agreement with Respect to Buyer's Broker Compensation). Those riders now appear in the addenda list of the current AS IS contract. The contract's Broker section tells the closing agent to pay brokerage fees "as specified in separate brokerage agreements with the parties and cooperative agreements between the Brokers," and says the contract does not modify any offer of compensation.
Where this shows up at closing
- The title company needs to know who is paying each broker, how much, and under which agreement. If the contract, the riders and the brokers' instructions don't match, the closing statement will be delayed. See how commissions get paid at closing.
- Seller credits and seller-paid buyer-broker fees appear differently on the Closing Disclosure, and lenders treat them differently. See seller credits and buyer-broker compensation.
Send us the deal before it's signed
Compensation terms, credits and riders are easiest to fix while the offer is still a draft. Share the draft offer or the offer your seller received, and we can review the contract and addenda, check the compensation and credit terms against the lender's limits and the brokers' instructions, and run early title, lien and association checks.
Request a pre-contract reviewSend us the deal
Before we review a contract, we confirm in writing who we represent in the transaction.
Frequently asked questions
Are offers of compensation to buyer brokers still allowed?
Yes, but not on the MLS. Listing brokers and sellers can still offer compensation off the MLS, and buyers can ask the seller to pay their broker as a term of the offer.
Did Florida pass a new law on buyer-broker agreements?
Not as of the 2026 Florida Statutes. The written buyer agreement requirement comes from the NAR and MLS practice changes. Florida's brokerage relationship rules in § 475.278 are unchanged.
Do the changes apply to commercial deals?
According to NAR's FAQs, the written buyer agreement requirement does not apply to commercial transactions. Most commercial listings are not on an MLS that carries offers of compensation in any case.
Related articles
- Written Buyer Agreements in Florida: What They Must Say Before the First Tour
- Exclusive Right of Sale Listing Agreements: A Florida Agent's Checklist
- Seller Credits and Buyer-Broker Compensation: From the Contract to the Closing Disclosure
- Compensation Questions That Come Up in Contract Negotiation
Also useful: Agent resources · Escrow deposit disputes · Doc stamp calculator
- National Association of REALTORS®, NAR Settlement FAQs (updated Oct. 29, 2024)
- National Association of REALTORS®, What the NAR Settlement Means for Home Buyers and Sellers
- § 475.278, Fla. Stat. (authorized brokerage relationships and required disclosures)
- § 475.25, Fla. Stat. (discipline; (1)(d) escrow, (1)(h) referral fees, (1)(r) listing agreements)
- § 475.42(1)(b), (d), Fla. Stat. (sales associates paid only through their employer)
- Fla. HB 805 (2025), proposed changes to § 475.278 (died in committee)
- Florida Realtors, NAR Settlement: Forms, Resources, Webinars (forms list incl. riders FF and GG)
- Florida Realtors/The Florida Bar, AS IS Residential Contract for Sale and Purchase (ASIS-7x, Rev. 12/24, 2026 update)
Last reviewed October 2026. Laws change; confirm current law before relying on this page.