Buying & Selling · Winter Park, Florida
Who Pays the Buyer's Agent Now? What Winter Park Buyers and Sellers Should Know
Melissa Johnson
Luxury Realtor & TV Host
· Buying & Selling
The first thing I do with a new client, often before we look at a single home, is explain how I get paid. The rules around agent commissions changed a couple of years ago, and the paperwork changed again at the start of this year, so it is no surprise that buyers and sellers have questions. I am not a lawyer, and this is not legal advice, but I work through buyer and listing agreements every week in Winter Park. Here is what the current rules mean for you, and what to ask before you sign.
Part One
What actually changed, and when
Two national practice changes took effect on August 17, 2024, under the National Association of Realtors settlement. First, offers of compensation to a buyer's agent can no longer be advertised in the multiple listing service. That field is simply gone from listings. Second, an agent has to have a signed written buyer agreement in place before touring a home with a buyer, whether that showing happens in person or on a video call.
Florida already required a written brokerage relationship under state law. The choices have long been single agent, transaction broker, or no brokerage relationship. So the idea of signing something before you tour is not new here. What changed is that the buyer agreement now has to spell out, in plain language, how the buyer's agent is paid and how much. It also has to say that commissions are not set by law and are fully negotiable.
Part Two
What this means if you are buying in Winter Park
Before you start seeing homes, your agent will ask you to sign a buyer agreement. Read the parts that matter: the area it covers, how long you will work together, and how the agent gets paid and how much. The agreement is not just paperwork for the agent. It is the document that says this person is working for you and on your side of the table, and it protects both of you.
What I do with my buyer clients is walk through the agreement line by line before we ever set foot in a home. Ask how the agent is paid, whether that changes if a seller offers compensation, and what happens if no seller offers anything. Those are fair questions, and a clear answer should be easy to give. When you are ready to start looking, we can go through the homes across Winter Park together and sort out the full picture on the buying side.
Part Three
What this means if you are selling in Winter Park
No law requires a seller to pay a buyer's agent. That has always been true in Florida, and it is still true today. If you choose to offer compensation or a contribution toward the buyer's side, that offer now happens outside the MLS. It is documented in your listing agreement, in the purchase contract, or in a separate compensation agreement. Florida Realtors released new combined compensation forms on January 5, 2026 that streamline exactly how that gets written down.
So the decision is yours, and it is a strategy conversation we have early in the process. You have options: how to price the home, how to present it, what to offer on the buyer side, and whether concessions like a rate buydown fit your goal. There is no single right answer. The right answer is the one that supports what you want the sale to accomplish, and that is a conversation worth having with someone who knows your market.
Part Four
The questions worth asking before you sign
The new rules are really about making the money conversation explicit. For buyers, the questions are: How is my agent paid, and what is the exact amount? Is that negotiable, and under what circumstances? If a seller offers buyer agent compensation, does that change my agreement? What are my options for the length of the agreement? For sellers, the parallel questions are: Do I want to offer compensation on the buyer side, and how will that be documented outside the MLS? How does that fit with my price and any concessions I am already planning?
If you want to see how concessions like rate buydowns work alongside all of this, I wrote a separate piece on seller concessions and rate buydowns in Winter Park. And when we talk through your specific numbers, we can map it all out together on the selling side.
Part Five
Why clarity is the point
Here is the honest version: the new rules turned a conversation that used to happen behind the scenes into one you have out in the open. That is a good thing. When I work with a buyer, the fee conversation happens on day one, in writing, before we look at a single house. When I work with a seller, we decide together how to handle the buyer side, and we write it down in the listing agreement. Nobody is left guessing at the closing table.
What has not changed is why people call me in the first place. They want someone who understands Winter Park street by street, who is honest about the numbers, and who treats a move as a real decision about how they want to live. That is the work I do every day, whether the forms are new or familiar.
Before you list, let's talk through how to handle the buyer side and position your home for the right buyers.
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