Do I have to sign a buyer agreement before touring a house in Florida?

When is a written buyer agreement required?

The requirement comes from the National Association of REALTORS settlement of broker-commission litigation, and the practice changes took effect on August 17, 2024. An MLS participant who is working with a buyer must enter into a written agreement with that buyer before touring a home, including in-person and live virtual tours.

NAR's consumer guidance explains that a buyer is working with an agent once the agent begins providing services such as identifying potential properties and arranging tours. A tour happens when a buyer working with an agent enters a home for sale, or directs the agent to enter it on the buyer's behalf, including a live virtual tour.

• Not required: visiting an open house on your own.
• Not required: asking an agent about their services.
• An agent hosting an open house for the listing broker or seller is not required to have agreements with the buyers who attend.
• An agent who simply gives you access to a home they have listed is not considered to be working with you.[1][2][5]

What must the agreement say?

Under the settlement terms, the written agreement must:

• Specify and conspicuously disclose the amount or rate of compensation the agent will receive from any source, or how it will be determined.
• Use compensation that is objectively ascertainable and not open-ended, so it cannot simply be whatever the seller offers.
• State that the agent may not receive compensation from any source that exceeds the amount or rate agreed to with you.
• Conspicuously state that broker fees and commissions are not set by law and are fully negotiable.[1][3]

What can you negotiate, and how does Florida law fit in?

NAR's guidance says you can negotiate any part of the agreement, including the services, the length of the agreement and the compensation. Examples of clearly defined compensation it lists include $0, a flat fee, a percentage or an hourly rate. You and your agent can mutually agree to change the agreement, and the agreement's own text controls how it can be exited.

Florida law separately decides what kind of relationship you have. Under section 475.278 of the 2026 Florida Statutes, licensees are presumed to be transaction brokers unless a single agent or no brokerage relationship is established in writing, and single-agent duties must be disclosed before or when you sign a representation agreement or before property is shown, whichever comes first. A buyer agreement is a contract, so consult a Florida real estate attorney if you have legal questions about its terms.[3][4]