Agreement required
Private Tour With Your Agent
If I am working with you as the buyer and arranging access, we need the written agreement before the in-person showing.
A live virtual tour also counts.
Before the first private home tour
Why Buyers Need a Written Agreement
Before I can privately tour a home with you while working as your buyer's real estate professional, we need a written buyer agreement in place. Here is what it means—and what it does not mean.
The short answer
Yes—before a private tour together
The rule is triggered when an MLS participant is working with a buyer and the buyer tours a home in person or directs the real estate professional to provide a live virtual tour.
The agreement comes before the tour—not before a conversation.
We can talk about your plans, neighborhoods, my services and the agreement itself before you sign. Once I begin arranging private tours for you, the written agreement must be in place before we enter the first home.
Generally no agreement
Open House on Your Own
If you independently attend an open house or only ask the host about services, you generally do not need a buyer agreement for that visit.
Tell the host if another agent already represents you.
Know who they serve
Listing-Side Access
A listing-side professional providing access solely for the seller is not automatically working for or advocating for you.
Access to the home is not the same as buyer representation.
Important distinction: This is not a Florida law setting a commission or forcing every buyer into the same contract. It is a nationwide MLS practice requirement for participating real estate professionals, and Florida brokerage relationship and contract rules still apply.
More than permission to unlock a door
The agreement defines who is working for you
A home tour is only one part of the job. The agreement puts the working relationship, services and compensation in writing before money and emotions enter the picture.
What I can provide
- Clarify your priorities, budget and complete ownership costs
- Identify and arrange tours of appropriate properties
- Compare communities, fees, taxes, insurance and resale factors
- Analyze price and help structure a competitive offer
- Coordinate inspections, deadlines, lender and title work
- Negotiate and communicate through closing
What the agreement makes clear
- Which buyer or buyers are covered
- Which locations and property types are covered
- Whether the arrangement is exclusive or nonexclusive
- How long the agreement lasts
- How the brokerage may be compensated
- How changes or termination are handled
Signing does not force you to buy a home. It does create real contractual obligations, so it should match the relationship we actually agree to—not be signed without reading or understanding it.
You are not signing a blank check
Key terms can be negotiated
There is no single mandatory length, geographic area or compensation model for every buyer. The agreement should be specific enough that both sides understand the deal.
| Term | What it controls | What to discuss before signing |
|---|---|---|
| Duration | How long the working relationship remains in effect. | One property, a short trial period or a longer search—plus any protection period after expiration. |
| Geographic scope | The cities, counties, communities or other areas covered. | Keep the area aligned with where you are realistically searching. |
| Property scope | Whether it covers one property, selected properties or a broader home search. | A narrowly focused showing agreement may fit a buyer who is not ready for a broader commitment. |
| Exclusivity | Whether you agree to work through one brokerage for the covered search. | Understand what happens if you contact another agent, builder or open house directly. |
| Services | What the real estate professional and brokerage agree to do. | Touring, research, offer strategy, negotiations, inspections, deadlines and closing coordination. |
| Compensation | The amount or rate the brokerage may receive and the buyer's responsibility. | It must be clear, objectively ascertainable and not open-ended. Fees are negotiable and not set by law. |
| Termination | How the agreement can be changed or ended. | Notice, mutual release, outstanding property obligations and any continuing protection period. |
Only want to see one home? Ask whether a property-specific or short-duration agreement is appropriate. The available form and terms remain subject to mutual agreement and Medway Realty's brokerage requirements.
The part buyers should understand clearly
How buyer-broker compensation works
Compensation is negotiable and not set by law. The signed agreement must state the amount or rate clearly and cannot simply say the brokerage will accept whatever a seller offers.
Possible source
Seller or Listing Broker
A seller or listing broker may agree to pay some or all of the buyer brokerage's compensation. That choice is not guaranteed and offers of compensation are no longer displayed in the MLS.
I can ask what, if anything, is available.
Offer strategy
Buyer Request in the Offer
A buyer may ask the seller to contribute toward buyer-broker compensation as part of the purchase offer, subject to negotiation and any lender, appraisal or contract limitations.
The seller can accept, reject or counter the request.
Buyer responsibility
Any Remaining Amount
If third-party payment is less than the amount stated in the buyer agreement, the buyer may be responsible for the difference unless the agreement is changed or the transaction is structured another way.
Know the possible cash obligation before making an offer.
No one should promise that “the seller always pays.”
The agreement tells you the brokerage's compensation and your responsibility. For each property, we can investigate the available payment options and decide how to handle compensation before you commit to an offer.
Read before you sign
Questions every buyer should answer
A good agreement conversation should remove uncertainty—not create it.
- Which people are named as buyers?
- Which cities, counties or properties are covered?
- Is the agreement exclusive or nonexclusive?
- What services will the brokerage provide?
- When does the agreement begin and end?
- Is there a protection period after it ends?
- What compensation amount or rate is stated?
- Who may pay the compensation?
- What could the buyer owe directly?
- What if the buyer visits a builder or open house?
- How can the agreement be changed?
- How can either party request termination?
Tell me about any agreement you already signed. Do not sign overlapping exclusive agreements or assume a new form cancels an earlier one. If the obligations are unclear, ask the broker or a Florida real estate attorney before moving forward.
A better first-tour process
Handle the paperwork before the driveway
The agreement should be part of a calm buyer consultation—not a rushed signature while a showing appointment is starting.
Talk first
Discuss your plans, timeframe, financing, target area and the kind of help you want.
Review the terms
Agree on scope, duration, services, compensation and how the relationship can change or end.
Sign before touring
Complete the appropriate written agreement before the first private in-person or live virtual tour.
Tour with a plan
Compare the home, community, price, costs, condition and resale considerations—not just the finishes.
Common buyer questions
Written buyer-agreement FAQ
These answers explain the current general rule. The actual signed form controls your relationship with the brokerage.
Do I need a written buyer agreement before one private showing?
If an MLS Participant is working with you as a buyer, a written agreement must be in place before an in-person or live virtual home tour. The agreement may be tailored by property, time, area and services when the buyer and brokerage agree.
Is the written buyer agreement a Florida law?
The nationwide practice change is an MLS and National Association of REALTORS® policy requirement for participating real estate professionals, not a law setting commissions or requiring every consumer to use the same agreement. State law and brokerage requirements still apply.
Do I need an agreement to attend an open house by myself?
Generally no. A buyer who independently visits an open house or only asks about an agent's services does not need a written buyer agreement for that visit.
Does signing mean I have to buy a home?
No. A buyer agreement defines the working relationship, services, scope, duration and compensation. It does not require the buyer to purchase a property, but its obligations remain important and should be understood before signing.
Are the length and geographic area negotiable?
Yes. The duration, geographic area, property scope, services, exclusivity, compensation and exit terms may be negotiated, subject to the brokerage's approved forms and policies.
Does the buyer always pay the buyer broker fee out of pocket?
Not necessarily. A seller or listing broker may agree to pay some or all of the buyer broker compensation, and a buyer may request that help in an offer. It is not guaranteed, and the buyer remains responsible for compensation as stated in the signed agreement.
Are real estate commissions set by law?
No. Broker fees and commissions are fully negotiable and are not set by law. The written agreement must state the compensation clearly and cannot leave it open-ended.
Can the buyer agreement be changed or ended?
The parties may mutually agree to change it, and the agreement should explain any termination rights or conditions. Buyers should review those terms before signing and request legal advice when needed.
Does a live video tour count as touring a home?
Yes. The rule treats a live virtual tour directed by the buyer as a tour, so the written agreement must be in place beforehand when the real estate professional is working with that buyer.
What if I contact the listing agent directly?
An agent providing access solely on behalf of the seller is not automatically working for or advocating for the buyer. Buyers should ask whom the agent represents and should not assume the listing side protects the buyer's interests.
Verify the current rules
Official buyer-agreement resources
Industry rules, Florida forms and brokerage practices can change. Review the current guidance and the actual agreement presented to you.
No pressure—just clear terms
Let’s discuss the agreement before we tour.
I will explain what you are signing, answer your questions and make sure the scope fits the home search we are actually planning.
This page provides general educational information and does not replace the signed agreement, brokerage disclosures or legal advice. Terms, forms, MLS rules and brokerage policies are subject to change. Buyers should read the complete agreement and consult a Florida real estate attorney when legal advice is needed.