š Bottom Line Up Front (BLUF)
Following the August 17, 2024 National Association of REALTORSĀ® (NAR) settlement and Florida Realtors guidelines, all Florida buyers must sign a written Buyer Brokerage Agreement before touring any property in person or via live video. Broker compensation is 100% negotiable and never fixed by law. Sellers may continue to offer buyer concessions or cover buyer broker fees in purchase contracts. At The Moore Group, we practice total cost transparency with clear, written terms and zero hidden surprises.
Why Is a Written Agreement Required Before Touring?
Prior to August 2024, buyers frequently toured homes without formal representation agreements until making an offer. This often left buyers unaware of representation agency relationships, fiduciary duties, or compensation terms.
The revised Florida practice requires real estate professionals to define their relationship in writing before unlocking a door. This ensures:
- You understand exactly what services your agent provides (market research, comparative market analysis, drafting offers, negotiating inspections, transaction management).
- Full clarity regarding broker compensation before viewing properties.
- Protection against undisclosed conflict of interest.
Frequently Asked Questions About the Florida Agreement
1. Is broker compensation set or standardized by Florida law?
No. Broker fees and commissions are not set by law, MLS rules, or Realtor associations. They are 100% negotiable between you and your broker. Any claim that commissions are fixed by regulation is false.
2. Can the seller still pay or credit my buyer agent's commission?
Yes. While MLS systems can no longer display cooperative compensation offers, home sellers are still fully permitted to contribute toward buyer broker fees or offer general seller closing concessions. When submitting an offer via Florida Realtors / Florida Bar contracts, we include the appropriate compensation addenda (such as CR-6) to request seller coverage.
3. What is the difference between a Showing Agreement and an Exclusive Buyer Agreement?
A Showing Agreement (or Property Pre-Tour Agreement) is a short-term, specific agreement that authorizes an agent to show one or several specified homes on a given day without an extended commitment. An Exclusive Buyer Brokerage Agreement is a dedicated representation partnership where your agent commits full time to your search across Jacksonville, St. Johns, Clay, or Nassau County, negotiating on your behalf from house hunting through closing day.
4. What happens if a seller refuses to contribute to buyer agent fees?
If a seller does not agree to cover buyer agent compensation, you remain in complete control. Options include:
- Structuring your offer price to account for closing costs and credits.
- Requesting seller concessions directly during contract negotiations.
- Deciding whether you wish to move forward or pursue other properties offering favorable terms.
5. Can I cancel the agreement if it's not a good fit?
Yes. Real estate partnerships are built on trust. At The Moore Group and Momentum Realty, our agreements include fair cancellation terms. If we are not exceeding your expectations, we will release you from your agreement in writing.
ā The Momentum Realty Commitment: Total Cost of Sale & Clear Terms
Under Momentum Realty brokerage rules, we strictly prohibit open-ended commission ranges or vague compensation promises. Every client receives a precise, written fee schedule and a comprehensive Total Cost of Sale review before making any binding commitments.
Touring Northeast Florida Homes With Confidence
Whether you're purchasing your first Jacksonville home, using your VA loan entitlement, or relocating to St. Johns County, having a skilled, transparent advocate in your corner makes all the difference.