📌 The Bottom Line Up Front (BLUF)
Following the August 17, 2024 NAR settlement and Florida Realtors rules, all Florida prospective homebuyers must execute a written representation agreement prior to touring homes in person or via live video. Real estate commissions are 100% negotiable and never set by regulation. Sellers may continue to offer buyer concessions or cover buyer broker fees in purchase contracts. At The Saltwater Realtor and Momentum Realty, our agreements ensure complete fee transparency with zero surprise costs.
Why Is a Written Agreement Required Before Touring?
In the past, buyers frequently viewed coastal or riverfront homes without understanding who the showing agent was legally representing. That created uncertainty regarding loyalty, fiduciary representation, and closing costs.
Under current Florida practice, real estate professionals must define representation in writing before entering a home. This guarantees:
- Dedicated representation and fierce advocacy for your purchase price and contract contingencies.
- Deep due diligence on critical coastal items (dock & bulkhead permits, submerged land leases, FEMA Base Flood Elevation, homeowners & flood insurance costs).
- Total clarity on broker compensation with zero surprise closing charges.
Frequently Asked Questions for Florida Buyers
1. Are commissions fixed or mandated by Florida law?
No. Commission rates are 100% negotiable between consumer and broker. There are no mandatory fees set by statute or Realtor associations.
2. Can the seller still cover buyer agent compensation?
Yes. While cooperative compensation cannot be advertised on the MLS, home sellers are fully permitted to offer closing concessions or cover buyer broker fees in the purchase agreement using the Florida Realtors CR-6 Addendum.
3. Showing Agreement vs. Exclusive Agreement — What is the difference?
A Showing Agreement covers specific properties for a short period. An Exclusive Agreement establishes an ongoing partnership where Tim manages your search across Jacksonville, St. Augustine, Clay, and St. Johns counties, researching tidal access, navigating bridge clearances, evaluating insurance costs, and negotiating through closing.
4. What happens if a seller refuses to contribute toward compensation?
You remain in total control. You can negotiate the purchase price to account for closing costs, request seller credits, or focus on homes with seller concessions. You will always know seller terms before making an offer.
5. Can I cancel if our working relationship isn't a good fit?
Yes. Real estate partnerships are built on trust and mutual respect. If our partnership isn't meeting your needs, our agreements provide clean, fair mutual termination terms.
⭐ Momentum Realty Standards: Total Cost of Sale & Clear Terms
Under Momentum Realty rules, we never use open-ended or ambiguous commission ranges. Every client receives an exact, written fee schedule and a comprehensive Total Cost of Sale walkthrough before viewing properties.