Who pays the buyer's agent commission in Florida now?

The details: what the rules actually say

This is one of the questions buyers and sellers ask me most often since the industry settlement took effect in August 2024. Two things changed. First, sellers can no longer advertise buyer-agent compensation in the Multiple Listing Service. Second, you must sign a written buyer-broker agreement before touring homes, and that agreement states exactly what your agent will be paid and by whom.

Commissions were never set by law, and they remain fully negotiable. What happens in practice is that buyers are contractually responsible for their own agent's fee under that written agreement, but most sellers still pay it, usually negotiated as a concession in the purchase contract. National data from Redfin showed buyer's agents earning about 2.4% on average in the months right after the settlement, and Florida averages run a bit higher, around 2.8% on the buyer side according to Clever's 2026 survey, which puts the state's total around 5.57%.

• Your buyer-broker agreement states your agent’s compensation before any showings.
• Seller-paid compensation is now negotiated in the offer, not advertised in the MLS.
• The rate is negotiable and varies; the state average is not a set price.
• Ask about it early, so there are no surprises at the closing table.