Hiring a real estate agent in Florida
Two things changed the ground here, and most people know neither. a written agreement with the buyer is required before touring a home†, stating what they will be paid. And in Florida, every Florida licensee is presumed to be a transaction broker unless single agency or no brokerage relationship is established in writing† — which is a materially different relationship from the one people assume they are getting.
Do you even need one?
Usually yes, and the honest reasons are narrower than the marketing suggests. What an agent is genuinely worth paying for is access, pricing judgement, transaction management, and knowing which problems in a Florida house are fatal. What they are not worth paying for is unlocking doors.
| Situation | Worth an agent? |
|---|---|
| Buying, unfamiliar with the area or with Florida | Yes — the local knowledge is the product |
| Selling in a normal market | Usually — pricing and exposure are where the value sits |
| Selling to a known buyer at an agreed price | Often not — you may need a closing agent and a lawyer, not a broker |
| Buying new construction | Yes, and bring your own — the sales office works for the builder |
| Buying at a foreclosure or tax deed auction | Different skill set entirely |
What actually changed in 2024
- a written agreement with the buyer is required before touring a home†. You cannot casually view homes with an agent any more without agreeing terms first.
- the agreement must state the amount or rate of compensation, and that broker fees are fully negotiable and not set by law†. Read that sentence in your own agreement — it is required to be there, and it is true.
- offers of compensation to buyer brokers may no longer be published on the MLS†. What the seller’s side is offering is now a matter for direct negotiation rather than something published in advance.
You are now agreeing what your agent gets paid before you see a house, and there is no longer a published number telling you what the seller will contribute. Those two facts together mean the compensation conversation happens earlier and more explicitly than it used to. Have it deliberately rather than signing the form in a hurry to see a property.
The relationship question, which matters more
Florida presumes transaction brokerage, and a transaction broker provides limited representation and does NOT act in a fiduciary capacity†. Single agency exists but must be agreed in writing, and rarely is. dual agency — representing both parties as a fiduciary — is not an authorised relationship in Florida†.
The practical consequence is about what you say out loud. A transaction broker must not disclose that a seller will take less or that a buyer will pay more, but the wider confidentiality a single agent owes is not there. Your deadline, your motivation and your maximum are worth keeping to yourself unless you have established single agency.
What it costs
Commission is negotiable and always was — the agreement is now required to say so explicitly. There is no standard rate, no legally fixed percentage, and no obligation on a seller to contribute to a buyer’s agent. Separately, the seller customarily pays the deed documentary stamp at $0.70 per $100† and the owner’s title policy, though that too is custom rather than law.
How to choose one
- Ask what they have closed in your specific area and price band in the last year. Not their career total, and not their brokerage’s.
- Ask them to talk you out of a house. An agent who can explain why a particular listing is a bad buy is worth more than one who is enthusiastic about all of them.
- Ask what they know about insurability — roof age thresholds, four-point failures, what makes a Florida house uninsurable. This is where local expertise is real or absent.
- Ask about the relationship they intend, and get it in writing if you want single agency.
- Ask what happens if you want to end the agreement. Read the term and the termination clause before signing, not after.
Warning signs
- Pressure to sign a long exclusive agreement on a first meeting.
- Reluctance to explain the brokerage relationship, or vagueness about who they represent.
- Discouraging an independent inspection, or steering you to one specific inspector.
- Steering you to their own lender or title company without disclosing the connection.
- Telling you a fee or a commission is fixed. Nothing about it is fixed.
- Answering questions about neighbourhoods in terms of who lives there. That is a fair housing problem, and it is your signal to leave.
How to verify them
Florida licences are public through DBPR. Check the licence is active, whether they are a sales associate or a broker, how long they have held it, and whether there is disciplinary history. That last one takes a minute and almost nobody does it.
What if you skip it
Selling without an agent is entirely legal and sometimes sensible, particularly with a known buyer. What you take on is pricing, exposure, disclosure compliance, negotiation and the coordination of a closing with real deadlines. The disclosure obligation in particular does not soften because you had no agent — the duty is yours, and getting it wrong is what produces litigation after closing.
Related
Common questions
Do I have to sign an agreement before viewing homes in Florida?
Yes. Since August 2024 a written agreement with the buyer is required before touring a home, and it must state the compensation and confirm that broker fees are fully negotiable and not set by law.
Does my agent represent me in Florida?
By default, not in a fiduciary sense. Every Florida licensee is presumed to be a transaction broker unless single agency is established in writing, and a transaction broker owes limited representation rather than loyalty.
Is real estate commission negotiable in Florida?
Yes, entirely. There is no standard rate and none is set by law — your written agreement is now required to say so explicitly.
Who pays the buyer’s agent now?
It is negotiated rather than published. Offers of compensation can no longer appear on the MLS, so what the seller’s side will contribute is a direct negotiation and may be nothing.
Can I sell a house in Florida without an agent?
Yes. You take on pricing, exposure, negotiation and closing coordination — and the disclosure duty applies to you regardless, which is the part that most often produces problems afterwards.
How do I check a Florida real estate agent’s licence?
Search DBPR. Confirm the licence is active, whether they are a sales associate or broker, how long they have held it, and whether there is any disciplinary history.
Brokerage relationships are governed by Florida Statutes §475.278. The written agreement and compensation disclosure requirements arise from the NAR settlement practice changes effective August 2024. Your own written agreement controls what applies to you.