Buyers Agent Fee in Florida: Who Pays After the 2024 NAR Settlement?

The buyers agent fee is the pay a buyer's broker earns for helping someone buy a home, and since August 2024 it no longer shows up on the MLS. Sellers in Palm Beach County can still pay it. They just have to agree to it in writing, off the MLS, and the buyer has to sign an agreement with their own agent first. This guide is for sellers first. It covers what changed, what stayed the same, the four ways the fee gets paid in Florida, and how your choice can shape your buyer pool and your net.

Key takeaways

• Since August 17, 2024, offers of pay to a buyer's broker cannot appear on the MLS. Sellers can still offer it off the MLS.
• A buyer must sign a written agreement with their agent before touring a home. That agreement sets the agent's pay, and it can't be open ended.
• In Florida the buyer's broker can be paid by the buyer, by a seller credit (Rider FF), or by the listing broker or seller under Rider GG and a compensation agreement.
• VA says a seller's payment of buyer-broker charges is not a seller concession. Fannie Mae, Freddie Mac and FHA guidance treats customary seller-paid commissions the same way.
• Commissions are not set by law. Every part of this is negotiable.

What the NAR settlement changed for the buyers agent fee

The National Association of Realtors settled the commission lawsuits in 2024. The new rules took effect on August 17, 2024, and a court gave final approval on November 26, 2024. Three changes matter most to a seller.

• No offers of pay to a buyer's broker can go on the MLS. Those talks now happen off the MLS.
• An agent working with a buyer needs a signed written agreement before touring a home. It has to state the services and the pay.
• The pay in that agreement must be a clear number. It can be a flat fee, a percentage, an hourly rate or even zero. However, it can't be a range or "whatever the seller offers."

The agent also can't collect more than the agreed amount from any source. So if a seller offers more than the buyer agreed to pay their agent, the extra does not go to the agent. Florida Realtors spells this out in its settlement FAQ.

What did not change

Sellers can still pay the buyer's broker. Nothing in the rules stops it. The offer just has to be made outside the MLS, and you can still mention it on your own website or social media. Florida Realtors confirms that sellers may advertise an offer in those places.

Concessions also still work. A seller can help with a buyer's closing costs, as long as the help is not limited to, or tied to, paying the buyer's broker. On the federal Closing Disclosure, commissions sit in Section H ("Other"). The columns show whether the buyer, the seller or someone else paid them.

Most people also still use an agent. In NAR's 2025 Profile of Home Buyers and Sellers, 88% of buyers and 91% of sellers used one. For-sale-by-owner sales fell to an all-time low of 5%.

Florida's default: the transaction broker

Florida law has its own twist. Under section 475.278 of the Florida Statutes, every licensee is presumed to be a transaction broker. That holds unless a single agent relationship, or no brokerage relationship, is set up in writing with the customer.

So Florida allows two kinds of relationship: transaction broker or single agent. Dual agency is not permitted. For a buyer, this means the agreement they sign should say which kind of help they are getting. Florida Realtors offers versions of an Exclusive Buyer Brokerage Agreement. It also has a Property Pre-Touring Agreement and a Showing Agreement for buyers who are not ready to commit.

Four ways the buyers agent fee gets paid in Florida

Florida Realtors lists four paths. Each one ends with the buyer's broker getting paid. The difference is who writes the check and which form backs it.

1. The buyer pays directly at closing. The buyer covers their own agent out of pocket.
2. The seller gives the buyer a credit toward the broker fee, using Rider FF.
3. The listing broker agrees to pay the buyer's broker, using Rider GG plus a compensation agreement.
4. The seller agrees directly with the buyer's broker, again using Rider GG plus a compensation agreement.

Rider FF: a seller credit toward the buyer's agent fee

With Rider FF, the money goes to the buyer as a credit, and the buyer then pays their own broker. Some sellers like this because the offer reads as help to the buyer. But a lender may treat a credit to the buyer in a different way than a direct payment to the broker. So the buyer should confirm with their lender before the contract is signed. Our guide to how a seller credit works covers the basics.

Rider GG and the compensation agreement

Rider GG makes the sale contingent on a signed compensation agreement. The parties set a deadline in days, and if the blank is left empty, the default is 3 days. If no agreement is signed in time, the buyer may cancel and get the deposit back. The rider also states that "Broker commissions are not set by law and are fully negotiable."

In January 2026, Florida Realtors merged its seller and listing broker compensation agreements into one form, called CASSB-1. So if your agent hands you a newer form, that is why it looks different.

How loan type affects the buyers agent fee

This is where a seller's choice reaches the buyer pool. Many buyers have cash for the down payment and closing costs, but not much more. If they also have to pay their own agent, some of them may stretch too thin or stay out of the market.

VA buyers

VA Circular 26-24-14 took effect on August 10, 2024. It lets veterans pay reasonable and customary buyer-broker charges. However, those charges cannot be rolled into the loan, so the veteran needs the cash.

For sellers, one line in that circular matters most: "VA does not treat the seller's payment of buyer-broker charges as a seller concession." That means paying a VA buyer's broker does not eat into the VA concession limit. You may see claims online that say the opposite. The VA circular says otherwise.

FHA and conventional buyers

Fannie Mae and Freddie Mac said in 2024 that a seller or listing agent paying the buyer's agent, in line with local custom, does not count toward their limits on interested party contributions. FHA said the same in a March 2024 statement, as long as the payment follows state or local law or custom and is reasonable in amount.

The catch is the form of the payment. A direct payment under Rider GG is one thing. A credit to the buyer under Rider FF may be treated differently. As a result, your buyer's lender should review the plan before anyone signs.

Buyers agent fee data by price tier

Redfin tracks average buyer's agent commissions across the country. It does not break them out for Florida, and no one has a reliable "typical" rate for Palm Beach County. Still, the national numbers show the trend.

• The average was 2.42% in the third quarter of 2025, up from 2.36% a year earlier.
• Homes under $500,000 averaged 2.52%.
• Homes from $500,000 to $999,999 averaged 2.32%.
• Homes at $1 million and up averaged 2.22%.

In the second quarter of 2025, Redfin put the average at 2.43%, roughly back to where it sat before the settlement. Soon after the rules changed, Redfin agents also said most sellers were still willing to cover the buyer's agent. They saw more back and forth in competitive and luxury markets.

That last point matters if your home in Jupiter, Palm Beach Gardens, Boca Raton or Wellington is priced at $1 million or more. At that level the national average rate is lower, and Redfin agents saw more negotiation in luxury markets. Use these figures as a sense of the market, not a quote. Your own number comes from your price, your buyer pool and your terms.

Should a seller offer to pay the buyers agent fee?

The answer depends on your price, how fast you need to sell and who is likely to buy. Here are the three ways most sellers handle it.

Offer up front

You tell buyers' agents early that you will pay a set amount. You can't put it on the MLS, but your agent can share it in other ways, and you can post it on your own site or social media. This tends to help when you expect VA, FHA or first-time buyers who are short on cash. It also helps when the market is slow and you want every buyer to see your home as easy to buy.

Respond case by case

You make no offer in advance. Instead, you weigh each request when an offer comes in. This keeps money in your pocket if a buyer is paying their own agent. But some agents may show your home less if they don't know where pay will come from. In a slow market that can cost you showings.

Offer a credit instead

You offer a closing cost credit to the buyer under Rider FF. The buyer then decides how to use it. This gives the buyer room to work with, but check how the buyer's loan type treats the credit first. A credit that runs over a lender limit can cause trouble late in the deal.

Whichever path you pick, run the math before you list. Our seller closing costs calculator shows how a payment to the buyer's broker changes your net. Then, when offers arrive, compare them on net to you, not just price. A higher offer that asks you to pay the buyer's broker can net less than a lower one that does not.

What buyers should know about the buyer agreement

If you are buying, you will sign an agreement before you tour a home with an agent. Read it closely. It sets out what your agent will do and what they will be paid, and the number has to be clear. If a seller offers to pay part or all of it, that amount can reduce what you owe. If the seller offers nothing, you may owe the balance at closing.

So ask your agent three things up front. What is the fee? What happens if the seller pays less? And can it be rolled into your loan? For a VA loan, it can't. Ask your lender about FHA and conventional loans. Our buyer's agent page explains how we work with buyers in Palm Beach County.

Frequently asked questions

Does the seller still pay the buyers agent fee in Florida?

Often, yes, but it is a choice now. The seller can agree to pay the buyer's broker directly or through the listing broker under Rider GG. Or the seller can give the buyer a credit under Rider FF. None of it can appear on the MLS.

Is there a standard buyers agent fee in Palm Beach County?

No. Commissions are not set by law and are fully negotiable. Redfin's national data put the average at 2.42% in late 2025, and lower for homes over $1 million. However, there is no official local rate.

Can a VA buyer pay their own agent?

Yes. Since August 10, 2024, VA lets veterans pay reasonable and customary buyer-broker charges. They can't finance those charges in the loan, though. If the seller pays instead, VA does not count it as a seller concession.

Can I advertise that I will pay the buyer's agent?

Yes, just not on the MLS. Florida Realtors says sellers may share an offer on their own website or social media. Your listing agent can also tell buyers' agents directly.

Did the 2025 MLS listing options change who pays?

No. NAR's Multiple Listing Options for Sellers policy added office exclusive and delayed marketing choices, with seller consent. It does not change who pays the buyer's agent.

Sources

• National Association of Realtors, The facts about the NAR settlement
• Florida Realtors, NAR settlement FAQs
• Florida Statutes, section 475.278
• Florida Realtors, Buyer options to compensate their brokerage firm
• Florida Realtors, Rider GG
• Florida Realtors, New and updated forms (January 2026)
• National Association of Realtors, How and why to avoid errors in MLS listings
• Consumer Financial Protection Bureau, Regulation Z 1026.38 (Closing Disclosure)
• Redfin, Buyer's agent commissions, Q3 2025
• Redfin, Commissions tick up to pre-settlement levels
• Redfin, Agents report on negotiation under the new rules
• National Association of Realtors, Top takeaways from the 2025 Profile of Home Buyers and Sellers
• U.S. Department of Veterans Affairs, Circular 26-24-14
• Fannie Mae, Selling Notice: Real Estate Commissions and Interested Party Contributions (April 15, 2024)
• Freddie Mac, Buyer Agent Commissions Paid by Property Sellers or Their Agents (June 5, 2024)
• HUD, Statement from the Federal Housing Administration on Seller-Paid Commissions (March 27, 2024)
• National Association of Realtors, Multiple Listing Options for Sellers

This article is general information, not legal, tax or financial advice. Rules and loan guidelines change, so consult a licensed real estate attorney, tax advisor or lender about your own sale or purchase.

Selling in Palm Beach County? We will walk you through each payment option and show you the net on paper before you decide. Book a listing consultation or check what your home is worth. Buying instead? Talk to a buyer's agent about how the buyer agreement works.