In 2023 this post covered an early change in how the National Association of Realtors described its commission rules. Those rules have since changed significantly, so here is a current summary of what buyers should know. These are NAR's MLS rules as of the August 17, 2024 effective date, and local practice can vary.
1. A written agreement before the first tour
An agent who works with a buyer needs a written buyer agreement in place before the buyer tours a home with them. It can be signed earlier, and the agreement has to be in place no later than just before the tour (or earlier if state law requires). Open houses and an unrepresented buyer viewing the agent's own listing work differently.
That is why many buyers are now handed an agreement early in the process. With me, we always start with the showing agreement, the shorter form tied to specific dates and properties. I think of it as going on a date, and the buyer broker agreement as the marriage. I explain the difference in the showing agreement post and the full Florida Showing Agreement guide.
2. What the agreement has to say about pay
Under NAR's rules, a buyer agreement must clearly state the compensation amount or rate (or how it will be determined) from any source, make it objectively ascertainable rather than open-ended, and bar the agent from receiving more than the agreed amount from any source. It must also state conspicuously that broker fees and commissions are not set by law and are fully negotiable.
3. No offers of compensation in the MLS
Listing brokers can no longer post offers of compensation to buyer's agents in the MLS or in related services. A seller can still offer to pay a buyer's agent, but that offer has to be made outside the MLS, so buyers and agents need to talk about it directly.
What this means for you
Ask what the compensation is, who is expected to pay it, and what happens if a seller offers less than what you agreed to. The answers belong in the agreement you sign.
Source: RealMLS summary of NAR settlement practice changes.
Thinking about buying in Fort Lauderdale or the surrounding area? Contact me and I will walk you through the paperwork before we tour anything.
This post is general information, current as of October 2026, and is not legal advice. Rules and forms vary, so rely on the exact document you are asked to sign.