Can I just use the listing agent?

You can, and in Florida that agent will usually act as a transaction broker for both sides. They can handle the paperwork honestly, but they cannot advise you on what to offer against the seller's interest. Many buyers prefer an agent who is not also working with the seller.

Can I cancel a buyer's agent agreement?

It depends on the terms you signed. Ask for a cancellation clause and a short term before you sign, and get any change in writing.

Is the buyer's agent's fee fixed?

No. It is negotiated between you and the brokerage and written into your agreement, and a seller may agree to cover some or all of it.

Do You Need a Buyer's Agent to Buy a Home in Florida?

Reviewed by Tyson E. Sam, Founder and Broker of Record, BreakThru Realty, Florida License 3565210

Published October 4, 2026

The Short Answer

No law requires one, but a buyer's agent works with you on the price, the contract and the inspection, while the listing agent was hired by the seller. Since August 2024, an agent who works with you must have a written agreement with you before touring a home, and it states the services and the compensation. That compensation is negotiable, and in many South Florida sales the seller agrees to pay it.

What a Buyer's Agent Does

Finds and screens homes, including ones about to come to market; prices an offer from the closed sales that match the home; writes the contract and its deadlines; arranges inspections and negotiates repairs or credits; and keeps the lender, the title company, the association and the seller's side on schedule until closing. The value shows most when something goes wrong: a low appraisal, an open permit, a surprise assessment.

The Written Agreement

Under rules adopted across the Realtor multiple listing services in August 2024, an agent working with a buyer needs a signed agreement before touring a home with them. It must state the amount or rate of the agent's compensation in terms you can read plainly, and that the agent cannot receive more than that from any source. You can ask for a short term, a single property or a limited area. Read it before you sign, as you would any contract.

Who Pays the Agent

Compensation is not set by law and is always negotiable. A seller may agree to pay some or all of the buyer's agent's fee, and in many South Florida sales the seller does; the offer of compensation is no longer shown on the listing service, so your agent confirms it for each home. Your agreement says what happens when a seller pays less than the agreed amount, and that is the line to understand before you start touring.

How Representation Works in Florida

Florida law presumes a licensee is acting as a transaction broker, who gives limited representation to the buyer, the seller or both, and owes honesty, skill, care and an accounting of funds, but not undivided loyalty. A single agent relationship, with full fiduciary duties to one party, exists when it is agreed in writing. Dual agency is not allowed. Ask your agent which relationship you have.

New Construction

The sales representative in a builder's model home works for the builder. Many builders require your own agent to register with you on your first visit, so bring your agent or mention them before you tour. Builder contracts are written by the builder's lawyers, and an agent who knows them can tell you which terms and upgrades are open to negotiation.

Choosing One

Check the license with the Florida Department of Business and Professional Regulation, ask which homes like yours the agent has handled in your area, ask who will actually show the homes and negotiate, and read the agreement's term and cancellation clause. Choose the agent whose advice you can check against the sales.

Talk It Through With a Broker

Every purchase is its own set of numbers. Tell us what you are looking for and a BreakThru agent will walk you through the costs, the contract and the homes that fit. Talk to a BreakThru agent · Search homes for sale