By Elizabeth Costa | Top Real Estate Agent in Doral & Miami | The Keyes Company
15+ years of experience · 300+ closed transactions · Bilingual: English & Spanish
Exclusive Member of Forbes Global Properties · Founding Member of Luxury Portfolio International

Last updated: October 6, 2026


Do I need a buyer agreement to tour a home in Florida?
Yes, if an agent who belongs to the MLS is working with you. Since August 17, 2024, you sign a written agreement before touring a home, in person or virtually. It must state your agent's compensation as a clear amount or rate that is not open-ended. Compensation is fully negotiable, and the seller may agree to pay part or all of it.


Many buyers I meet in Doral are surprised when I ask them to sign an agreement before our first showing. It is not a formality. Since 2024, it is how every MLS agent in Florida starts working with a buyer, and it is the moment to agree on how I will represent you and how I will be paid.

I am Elizabeth Costa, a Realtor with The Keyes Company in Doral. This guide explains the buyer agreement rules, the Florida forms, and your options on compensation in plain language. It is part seven of my Doral due diligence series, after buying a condo and buyer closing costs.


The Rules at a Glance

Rule What it means for a Florida buyer
Written agreement before touring Since August 17, 2024, MLS participants working with a buyer must have a written agreement before touring a home, in person or virtually
Compensation stated clearly The agreement must state an amount or rate that is objectively ascertainable and not open-ended, and the agent cannot receive more than that amount from any source
No offers on the MLS Listing agents can no longer publish buyer broker compensation offers on the MLS
Fully negotiable Compensation is not set by law; you negotiate it with your agent
Seller can still contribute A seller may agree to pay some or all of your agent's compensation, usually negotiated in your offer
Open houses No written agreement is needed to walk into an open house hosted by the listing agent

Sources: National Association of Realtors, Settlement FAQs and Florida Realtors, Buyer Broker Agreements.


The Three Florida Agreement Types

Florida Realtors offers three standard forms. Each one can be used, and each term can be negotiated.

Florida Realtors form How it works
Property Pre-Touring Agreement Provides disclosures and basic compensation terms before your first showing
Showing Agreement Covers only the specific properties listed in the agreement
Exclusive Buyer Brokerage Agreement Creates an exclusive relationship for a set period, can cover any property you buy in that time, and defines the agent's duties

What it means for you: if you only want to see one or two homes this weekend, a Showing Agreement limited to those properties may be enough. If you are relocating or searching across several areas, such as Doral, Weston, and Brickell, an exclusive agreement for a set period usually makes more sense, because your agent can represent you on any home you choose.


Transaction Broker vs. Single Agent

The settlement did not change Florida's brokerage relationship law. Under Florida Statute 475.278, every licensee is presumed to be a transaction broker unless a single agent or no brokerage relationship is set in writing. Florida does not allow dual agency.

Florida brokerage relationship Key duties
Transaction broker (presumed by law) Limited representation, limited confidentiality, honesty, and accounting for funds; can assist both buyer and seller
Single agent Full fiduciary duties to you, including loyalty, confidentiality, obedience, and full disclosure
No brokerage relationship Basic duties only, such as honesty and disclosing known material defects

A single agent relationship must be disclosed in writing before the showing of property. Ask which relationship your agreement creates, and what it means if you become interested in a home listed by the same brokerage.


How Your Agent Gets Paid

Your agreement sets the maximum your agent can receive. That amount can be paid in three ways, and they can be combined:

  • The seller pays, because you ask for it in your offer as a concession, or because the seller has agreed to compensate buyer agents.
  • The listing brokerage shares part of its commission, as agreed with the seller.
  • You pay any difference at closing.

Florida Realtors notes that Fannie Mae and Freddie Mac have confirmed buyers can still finance their purchase when the seller pays the buyer's broker, as long as the arrangement is customary. Ask your lender how a concession affects your loan, and budget for the remaining amount alongside your closing costs.

In new construction, many builders work with buyer agents on their own terms, so ask before your first visit to a sales center. See my guide to new construction in Doral.


How to Review a Buyer Agreement

  1. Confirm which form you are signing and which properties or areas it covers.
  2. Check the term: the start date, end date, and how either side can end it.
  3. Read the compensation amount or rate, and when it is owed.
  4. Ask how seller concessions are applied and what you would pay if the seller pays less.
  5. Confirm the brokerage relationship: transaction broker or single agent.
  6. Look for any retainer fee or protection period after the agreement ends.
  7. Keep a signed copy and ask questions before you tour.

For the full purchase process, see the Doral buyer's guide. Moving from out of state or abroad? Read my complete guide to relocating to Doral and Miami and renting vs buying when relocating.


For Sellers: What Buyers Will Ask For

Because buyer compensation is no longer offered on the MLS, more offers now include a request for the seller to cover part of the buyer's agent fee. Deciding in advance how you will respond is part of your pricing strategy. See my complete guide to selling in Doral or request a free home valuation.



Frequently Asked Questions

Do I need a buyer agreement to tour a home in Florida?

Yes, if an MLS agent is working with you. Since August 17, 2024, MLS participants must have a written agreement with a buyer before touring a home, in person or virtually. No agreement is needed to visit an open house hosted by the listing agent.

What must a Florida buyer agreement include?

It must state the agent's compensation as an amount or rate that is objectively ascertainable and not open-ended, and the agent cannot receive more than that amount from any source. It also sets the term, the properties covered, and the brokerage relationship.

Is buyer agent commission negotiable in Florida?

Yes. Compensation is fully negotiable and not set by law. You agree on it with your agent in writing before touring.

Can the seller still pay my buyer's agent?

Yes. A seller may agree to pay some or all of your agent's compensation, often as a concession requested in your offer. Offers of compensation can no longer be published on the MLS.

What is the difference between a transaction broker and a single agent in Florida?

Under Florida Statute 475.278, licensees are presumed to be transaction brokers, who provide limited representation and limited confidentiality. A single agent owes full fiduciary duties, including loyalty and confidentiality, and must be disclosed in writing. Florida does not allow dual agency.

Can I sign a buyer agreement for just one home?

Yes. The Florida Realtors Showing Agreement covers only the specific properties listed in it. An Exclusive Buyer Brokerage Agreement covers a set period and any property you buy in that time.


Questions Before Your First Tour?

Before you sign anything, I will walk you through each agreement option, how compensation works on the homes you like, and what I do for you from search to closing. Bilingual EN/ES service.

Call or Text (786) 949-3971
Elizabeth Costa, Realtor | FL Lic. #3234205
The Keyes Company · Exclusive Member of Forbes Global Properties · Founding Member of Luxury Portfolio International
15+ years · 300+ closed transactions · Bilingual EN/ES
elizabethcosta@keyes.com · Schedule a Consultation · Free Home Valuation
Serving Doral, Miami, Coral Gables, Weston, Pinecrest, and surrounding South Florida communities
Elizabeth Costa, Top Real Estate Agent in Doral and Miami, Florida Elizabeth Costa, Realtor | FL Lic. #3234205
Top Real Estate Agent in Doral, Florida | The Keyes Company
☎ (786) 949-3971
✉ elizabethcosta@keyes.com
📅 Schedule a private consultation
15+ years · 300+ closed transactions · Bilingual EN/ES
Office: 4191 NW 107th Ave, Doral, FL 33178
Serving Doral, Miami, Coral Gables, Weston, Pinecrest, and surrounding South Florida communities
The Keyes Company: Exclusive Member of Forbes Global Properties · Founding Member of Luxury Portfolio International

This article is general real estate information, not legal advice. Agreement terms and compensation are negotiable and not set by law. Review any agreement carefully and consult a Florida real estate attorney with questions.