Do I Have to Sign Something Before an Agent Shows Me a Home in Florida? (And Who Pays My Agent Now?)

By Edward Lian, your real estate Edvisor at Keller Williams Elite Partners III Realty · November 1, 2026

If you started looking at homes recently, you may have been surprised when an agent asked you to sign something before showing you a single house. That’s not your agent being pushy. It’s the rule now, and honestly, it’s a good thing for you once you understand what you’re signing.

Here’s what I walk every buyer through before we see our first home together.

Yes, you’ll sign an agreement before touring

Since August 17, 2024, any agent who’s working with you as a buyer has to have a written agreement with you before you tour a home. That includes in-person showings and live virtual tours.

What doesn’t need an agreement:

Walking into an open house and chatting with the agent there
Asking an agent about their services, how they work, or what they charge

So you can still shop around for the right agent before committing to anything.

What the agreement has to say

The agreement isn’t a blank check. By rule, it has to:

Say how your agent gets paid, as a specific amount, a percentage, or a clear formula. Nothing vague or open-ended.
Cap what your agent can collect. Your agent can’t receive more than the agreed amount from any source, including the seller.
State plainly that fees are negotiable. Commissions are not set by law, and you’re allowed to negotiate them.

If an agreement you’re handed doesn’t make those things clear, ask about it before you sign.

The different agreements you might see

My brokerage uses two:

Agreement	What it’s for
Showing Agreement	A simple, non-exclusive agreement so we can tour homes together. Good for getting started.
Exclusive Buyer Brokerage Agreement	The full agreement: you work with one brokerage for a set time, with clear terms on pay and services.

Going straight to the listing agent and representing yourself? You’ll usually get a No Brokerage Relationship notice instead. That agent works for the seller, not you. More on that in buying through the listing agent.

The exclusive agreement also sets your brokerage relationship, which matters in Florida (more on that below).

So who actually pays your agent now?

This is the part that confuses people the most. Here’s the simple version:

Your agreement says what your agent will be paid. You’re ultimately responsible for that amount.
Seller-paid compensation is submitted with the offer package. Then we negotiate it like any other term.
It’s not on the MLS anymore. Sellers can’t advertise buyer-agent pay there, so it gets settled in the offer.

Plenty of sellers still agree, especially when it helps their home sell. Since it’s part of the negotiation, we plan for it before writing the offer.

Transaction broker or single agent? (Florida only)

Florida lets you choose how your agent works with you. If you don’t pick, you get a transaction broker, Florida’s default. Either way, you get someone who guides you, negotiates for you and looks out for you.

	Transaction broker (Florida’s default)	Single agent
Honest, fair, skilled help	✓	✓
Presents every offer, handles your deposit carefully	✓	✓
Tells you about issues that affect value and aren’t easy to see	✓	✓
Keeps your top price and your reasons for buying private	✓	✓
Legal duty to put your interests first in everything	Not required	✓
Can represent you on a home listed by my own brokerage	✓	No

The trade-off with single agency: a single agent can’t represent both sides. So if you fall for a home listed by another agent in my brokerage, we’d need your written OK to switch to transaction broker before going further. With a big brokerage, that comes up more than you’d think.

Neither one is “wrong.” I’ll walk you through both before you sign, and you pick what fits.

Questions to ask before you sign

Here’s what I’d want a friend to ask me (or any agent):

How long does this agreement last? You can negotiate a shorter term.
How can either of us end it if it isn’t working out?
Does it cover only certain homes or areas, or every home I buy during the term?
What happens if I find a home on my own, like a for-sale-by-owner or a new build?
What exactly will you do for me? Pricing help, negotiating, inspection guidance, closing coordination?
What if the seller covers your fee? Make sure you understand how that’s handled so nobody gets paid twice.

My advice

Don’t be nervous about signing a buyer agreement. Be curious about it. Read it, ask questions, and negotiate anything that doesn’t feel right. A good agent will be glad you asked.

I’m not an attorney. For legal questions about a specific agreement or contract, talk to a Florida real estate attorney.

If you’re about to start touring and want me to walk you through the agreement line by line before you commit to anything, just ask.

Frequently asked questions

Do I need to sign anything to go to an open house?

No. NAR says you don't need a written agreement just to talk with an agent at an open house or to ask about their services. The agreement comes in when an agent is working with you and you tour a home together.

Can the seller still pay my agent?

Yes. Sellers can still agree to pay your agent, or give you a credit you can use toward your agent's fee. It just can't be posted on the MLS anymore, so it's submitted with your offer package and negotiated.

Can my agent get paid more than what's in our agreement?

No. The agreement has to say your agent can't receive more than the agreed amount from any source.

What kind of relationship does my Florida agent have with me?

Florida law presumes agents are transaction brokers unless you agree in writing to something else, like a single agent relationship. Each comes with different duties, and your agreement should say which one you have.