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.

What It Looks Like at Southwest Florida Prices

Here is how different buyer’s agent compensation choices affect a seller’s costs at typical local prices. These are examples, not recommendations; what you offer is your decision.

Clever Real Estate’s August 2026 survey put the average Florida buyer’s agent commission at about 2.64%, but that average blends many situations. In practice, what sellers offer varies by price point, market speed and property type.

Buyer Agreements Changed the Conversation

Since the settlement took effect in August 2024, buyers working with an agent sign a written agreement with that agent, usually before touring homes, that spells out how their agent will be paid. That agreement might call for the buyer to pay, or allow the agent to seek compensation from the seller. When a buyer’s agreement promises their agent more than you offer, the difference becomes part of the negotiation, often through the offer price or a seller concession.

Compensation vs. Concessions

Sellers have two tools. You can agree to pay the buyer’s agent directly, or you can offer a seller concession that the buyer can use toward closing costs, including their agent’s fee, subject to their lender’s limits. Concessions can be especially useful in slower markets like much of Lee County in 2026, where buyers are stretched by insurance and closing costs. Your listing broker can help you decide which approach attracts the most qualified buyers for your home.

How Market Conditions Affect Your Decision

• Slower markets (Lee County condos at about 11 months of supply in September 2026): offering compensation or a concession can widen your buyer pool.
• Balanced or tighter markets (Sarasota County single-family homes at about 3.7 months of supply in August 2026): you may have more room to negotiate it within the offer.
• Entry-level homes with first-time buyers using FHA or VA loans: buyers often have limited cash, so help with their costs can matter more.
• Luxury homes: compensation is usually negotiated case by case.

Common Questions From Southwest Florida Sellers

Will buyers skip my home if I offer nothing?

Some may, especially in slower segments, because their agreement may require them to pay their agent out of pocket if the seller does not. Others will simply factor it into their offer. The impact depends on your price point and how much competition you face.

Can I decide after I see an offer?

Yes. Many sellers list without a set offer and negotiate compensation or a concession as part of each offer. Your broker can explain how to communicate your approach to buyer’s agents within MLS rules, since compensation offers can no longer be advertised on the MLS itself.

Is the buyer’s agent fee still a closing cost for me?

Only if you agree to pay it, directly or through a concession. It will appear on your closing statement with your other selling costs, such as doc stamps, title insurance in counties where sellers customarily pay, and your listing fee.

Does offering more get me a higher price?

Not automatically. A larger offer can bring more buyer’s agents through the door, but price is still set by what buyers will pay for your home compared with the competition. The goal is to remove obstacles for qualified buyers, not to overpay. Compare your net under a few scenarios before deciding.

How This Fits With a Flat Fee Listing

Because buyer’s agent compensation is now separate, it is easier to compare listing costs directly. A flat fee listing keeps your listing-side cost fixed, and you decide separately what, if anything, to offer a buyer’s agent. See flat fee listings in Southwest Florida and estimate your proceeds with our seller net sheet.

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.