Who Pays the Buyer’s Agent in Florida After the 2024 Commission Changes?

By Sal DiBenedetto, Licensed Real Estate Broker · The DiBe Group, brokered by eXp Realty · Updated October 2026

For decades, Florida sellers typically paid both the listing agent and the buyer’s agent out of one commission. That changed in August 2024, when new practice rules from the National Association of REALTORS® settlement took effect. Here is who pays the buyer’s agent in Florida now, and what it means if you are selling in Southwest Florida.

What Changed in August 2024

• No compensation offers on the MLS. Since August 17, 2024, listings on REALTOR® MLSs can no longer show an offer of compensation to buyer’s agents.
• Written buyer agreements. Buyers working with a REALTOR® must sign a written agreement before touring a home, and that agreement spells out what their agent will be paid.
• Everything is negotiable. Commissions were always negotiable; the new rules make that more visible on both sides of the deal.

So Who Pays the Buyer’s Agent Now?

The short answer: it depends on what is negotiated. There are three common outcomes:

1. The buyer pays their own agent under their written buyer agreement.
2. The seller agrees to pay some or all of it, either through the listing agreement or as a term in the purchase contract.
3. A seller concession gives the buyer a credit at closing that they can use toward costs, which may include their agent’s fee, subject to the buyer’s loan rules.

Many sellers still choose to contribute, especially when buyers are short on cash after down payment and closing costs. Others do not. The key is to decide your strategy before you list and to have it in writing.

What This Means for Your Net Proceeds

Because buyer’s-agent compensation is now a separate decision, the listing side of your costs matters more than ever. With a percentage listing, the listing commission rises with your price. With a flat fee listing, your listing fee is one set amount, and any buyer’s-agent compensation is a separate, clear choice you control. You can model different scenarios with our seller net sheet calculator.

Questions to Decide Before You List

• Will you offer buyer’s-agent compensation up front, or only negotiate it in an offer?
• Would you rather offer a flat amount or a percentage?
• Would a closing-cost credit help attract buyers in your price range?
• How does each choice change your bottom line?

We help sellers think through these choices in Estero, Fort Myers, Cape Coral, Bonita Springs, Naples, Lehigh Acres, Golden Gate Estates, Punta Gorda, North Port and Sarasota.

Frequently Asked Questions

This article is general information, not legal or tax advice. Talk with a Florida real estate attorney or tax professional about your situation.