Your buyer agreement sets the amount
Since the NAR settlement practice changes took effect on August 17, 2024, agents who use the MLS must sign a written agreement with a buyer before touring a home. That agreement must disclose the amount or rate of compensation, or how it will be determined, in a way that is not open-ended, and it must state that the agent may not receive more from any source than the amount agreed with you.
NAR's consumer guidance says you are responsible for paying your agent as outlined in your agreement, but you can still request, negotiate for and receive compensation for your agent from the seller or the seller's agent.[1][2]
Can the seller still pay the buyer's agent?
Yes. A seller can choose to offer, or authorize the listing agent to offer, compensation to a buyer's agent. It is not mandatory, and the listing agent can offer or pay it only with the seller's written approval of the amount.
What changed is where these offers can appear. Offers of compensation can no longer be listed on an MLS, but they can be shared through flyers, signs, brokerage websites, social media, a phone call or an email, or negotiated in the purchase agreement. Sellers can still advertise buyer concessions, such as help with closing costs, on an MLS. A concession is different from an offer of compensation because it covers certain costs of the purchase for the buyer.[3][1]
Who decides how much?
No law sets real estate commissions. Compensation is negotiated between you and the brokerage, and the settlement terms require buyer agreements to state conspicuously that broker fees and commissions are not set by law and are fully negotiable.
In Florida, commission disputes are civil matters. The Department of Business and Professional Regulation can discipline a license, but it does not interpret contracts to enforce commission payments; those disputes go to a court. Florida law also bars a sales associate from collecting money in a brokerage transaction except in the name of the employing broker, so compensation runs through the brokerage.
If you are financing, ask a licensed lender how any seller-paid amounts will be treated in your loan, and consult a Florida real estate attorney about contract terms.[1][2][4][5]
Key takeaways
- Your written buyer agreement sets what your agent will be paid and what you are responsible for.
- You can ask the seller to cover some or all of your agent's compensation in your offer.
- Offers of compensation cannot be advertised on the MLS, but sellers can still make them off the MLS.
- Commissions are negotiable and not set by law.
- Commission disputes in Florida are handled in civil court, not by DBPR.
Sources
- [1]National Association of REALTORS — What the NAR Settlement Means for Home Buyers and Sellers
- [2]National Association of REALTORS — Consumer Guide: Written Buyer Agreements
- [3]National Association of REALTORS — Consumer Guide: Offers of Compensation
- [4]Florida DBPR — Real Estate Commission: File a Complaint
- [5]Florida Legislature — Section 475.42, Florida Statutes: Violations and penalties
Reviewed October 11, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.