How buyer representation works now.
The rules changed in August 2024. Here is what a buyer signs, what it says, and what it costs, in plain language.
Updated September 2026
What changed
Under the National Association of REALTORS® settlement that took effect August 17, 2024, buyers who tour homes with an agent first sign a written agreement that states how the agent is paid. Offers of compensation are no longer published in the MLS.
Compensation is not set by law and is fully negotiable. Any number you hear as "standard" is not.
What you sign with ClearPath
Before your first showing, a short written agreement. It names the property or area, how long it lasts, what we do for you, and how we are paid, either by you at closing, by the seller if the seller agrees to contribute, or a combination.
If you only want to see one home first, we can start with a limited pre-touring agreement and decide together afterward.
What you get
A licensed Florida broker on your side of the table: property research, flood and insurance checks, offer strategy, negotiation, inspection and contingency management, and coordination with your lender and title company through closing.
Everything explained in English or Español before you commit to anything.
Our commitments
We do not represent both sides of the same transaction without telling you in writing. We disclose every material fact we know about a property. We put every fee in writing before you owe it.
What it does not do
Signing a buyer-representation agreement does not commit you to buy anything, does not lock you out of looking on your own before it starts, and does not set a price for anything. It is an agreement about representation and compensation, not about a property. The purchase contract is a separate document, and you sign that only when you have found a home and agreed terms with a seller.
It also does not make us a dual agent. Florida’s default is transaction brokerage, which carries specific statutory duties including disclosing known facts that materially affect the value of the property and are not readily observable to you. If a situation ever arose where we would represent both sides of the same deal, you would hear it from us in writing first, and you would be free to say no.
How we handle it
We would rather you sign something narrow and short than something broad and long, because a brokerage that earns the next showing does not need a year of exclusivity to keep you. On a first outing that usually means a single property or a short term, with the compensation written in plain numbers and the cancellation terms explained before you sign rather than after.
Read the agreement with us line by line, take it away if you want to, and ask a Florida real estate attorney if anything in it is unclear. We will not rush that conversation, and nobody at ClearPath is paid more for getting a longer term out of you.
What a Florida buyer-representation agreement must settle
| Term | What to look for |
|---|---|
| How long it lasts | A start and an end date. A short first term is normal; an open-ended one is not. |
| What it covers | A named property, a named area, or the whole county — the narrower it is, the less it binds you. |
| Compensation | A stated amount or percentage. It is negotiable, and it is not set by any board or MLS. |
| Who pays it | You, or a seller concession negotiated into the contract. The agreement says what happens either way. |
| Whether it is exclusive | Exclusive means you work with this brokerage only for that property or area during the term. |
| How it ends | The cancellation terms, in writing, before you sign — not after you want out. |
| Protection period | Whether compensation is still owed if you buy a property you were shown after the term ends. |
General guidance for 2026, not legal advice. Florida Realtors publishes the standard forms; your agreement governs.
“Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer”
Questions buyers ask about the agreement
Do I have to sign a buyer agreement to see a house?
Since August 17, 2024, a buyer working with an agent signs a written agreement before touring. What you sign can be narrow — one property, one day — and the compensation in it is negotiable. What is not optional is having something in writing before the first showing.
Is the buyer agent commission negotiable?
Yes. No board, association or MLS sets it, and any figure in the agreement is a starting point. What matters is that the number is written down, that you know who pays it, and that you understand whether a seller concession can cover it.
Who pays the buyer agent now?
Whoever the paperwork says. The buyer agrees to a compensation figure with their own brokerage; that amount can then be covered by a seller concession negotiated in the purchase contract. Since August 2024 it is no longer advertised through the MLS, so it is negotiated deal by deal.
Can I cancel a buyer representation agreement?
On the terms written in it. Read the cancellation clause and the protection period before you sign; a short initial term is the simplest protection, because it expires on its own if the fit is wrong.
What does a buyer agent actually do for the money?
Pulls the flood zone, the permit history and the association documents before you commit; builds comparables from closings in the same subdivision or building; writes the offer with inspection and financing periods that protect you; manages the inspection, appraisal, estoppel and title company; and tells you when to walk away.