Do You Have to Sign a Buyer Agreement Before Touring Homes in Sarasota or Manatee?

Why Buyers Are Being Asked to Sign Before the First Showing

If you have started touring homes in Sarasota or Manatee County and an agent handed you a form before the first showing, that is not a sales tactic. It follows from the NAR settlement, whose practice changes took effect on August 17, 2024.

The conversation about what your agent earns now happens up front, in writing, before a tour. The decision in front of you is practical: what should that agreement say, which parts are negotiable, and what should you ask before your pen touches the page? This article walks through the rules as the National Association of REALTORS® describes them for homebuyers and as Florida law and Florida Realtors guidance frame them.

What the Written Agreement Has to Say

NAR’s homebuyer page lists what the agreement must contain. First, a specific and conspicuous disclosure of the amount or rate of compensation the agent will receive. Second, compensation that is objective, meaning something you can calculate, such as $0, a flat fee, a percentage, or an hourly rate, rather than an open-ended promise. Third, a term that prohibits the agent from receiving compensation for brokerage services from any source that exceeds the agreed amount. Fourth, a conspicuous statement that broker fees and commissions are fully negotiable and not set by law. If a form you are handed is missing any of those four pieces, ask why before you sign. The timing matters as much as the content: NAR requires an MLS Participant working with a buyer to enter into the written agreement before an in-person or live virtual tour. For a plain-English look at the role this agreement formalizes, see what a buyer’s agent does in Florida.

Which Part Is NAR Policy and Which Part Is Florida Law

These are two different layers, and buyers often blur them. The written-agreement requirement comes from the NAR settlement practice changes. Florida Realtors states that the settlement “does not change Florida brokerage relationship law,” which is a separate set of rules found in Section 475.278 of the Florida Statutes. Under that statute, a Florida real estate licensee may work with a buyer as a transaction broker or as a single agent, and a licensee may not operate as a disclosed or nondisclosed dual agent. Unless a single agent or no brokerage relationship is established in writing with a customer, the statute presumes the licensee is a transaction broker. A single agent must disclose that relationship in writing before or at the time of entering into an agreement for representation, or before the showing of property, whichever occurs first. A licensee with no brokerage relationship must make that disclosure before the showing of property. So if you work with a single agent, or with a licensee who has no brokerage relationship with you, that written disclosure should reach you no later than the showing. If you want to understand why the single-agent relationship matters, read what full disclosure means when Team Renick represents you as a single agent.

Who Pays Your Agent, and Can the Seller Cover It?

This is where most buyers feel uncertain. Florida Realtors answers it directly: no law requires a seller or listing brokerage to offer or negotiate compensation for the buyer’s agent, and the buyer is the party agreeing to pay compensation in a buyer compensation form. A seller may still choose to offer compensation, in the amount they choose. NAR adds that a seller offering compensation to a buyer’s agent is permitted, but the offer cannot be shared on a Multiple Listing Service. Florida Realtors also says a buyer can negotiate compensation terms in their offer with the seller. In practice, that means two questions belong in every offer conversation: what does my agreement say I owe, and am I asking the seller to cover some or all of it. Both are negotiable. The real cost of a purchase also includes your closing costs, so it helps to read about who pays closing costs when buying a house in Florida alongside the agent compensation line.

Do You Have to Sign a Long Exclusive Agreement Just to See One Home?

Not necessarily. NAR says simply visiting an open house independently or asking an agent about services does not require a buyer agreement. A listing agent showing the property solely on the seller’s behalf does not create a buyer-representation relationship by that act alone. Touring with an MLS Participant who is working with you as a buyer is different. For private tours, Florida Realtors offers three buyer agreement forms: a Property Pre-Touring Agreement, a Showing Agreement, and an Exclusive Buyer Brokerage Agreement. Florida Realtors also notes that all contracts are negotiable, including its buyer compensation forms. That gives you a real choice about how much commitment to make before you have chosen an agent. Ask which form you are being given, what it commits you to, and whether a narrower form would do for your first few tours. If you are comparing who to hire, the difference between a buyer’s agent and a listing agent is a useful starting point.

How to Protect Yourself Before You Commit

1. Ask for the agreement before the first tour: Do not wait until you are standing at the front door. Read it at home and ask questions while you still have time.
2. Find the compensation line: Confirm it is written as a specific amount or rate, such as a flat fee, a percentage, or an hourly rate, and that you understand how it would be calculated on a purchase.
3. Look for the negotiability statement: The form should say conspicuously that broker fees and commissions are fully negotiable and not set by law. If you do not see it, ask where it is.
4. Ask what happens if a seller offers to pay your agent: Ask how a seller offer interacts with your agreement, and confirm the agent cannot receive more from all sources than the amount the agreement states.
5. Ask which brokerage relationship you are in: Single agent, transaction broker, or no brokerage relationship. For a single agent or a licensee with no brokerage relationship, Florida law requires a written disclosure no later than before the showing.
6. Ask which form you are signing and what it commits you to: A Pre-Touring Agreement, a Showing Agreement, and an Exclusive Buyer Brokerage Agreement are different documents. Read what each one commits you to, and for how long, before you choose.

How We Handle This Conversation With Buyers

We would rather you understand the agreement than sign it quickly. Michael Renick will go through the compensation line, the negotiability statement, and the brokerage relationship with you before you tour anything, and answer every question about what it means if a seller offers to cover some or all of the fee.

Before you book your next showing, ask the agent for the buyer agreement in writing, find the compensation line, and confirm the negotiability statement and the brokerage relationship. If you want a second set of eyes on the form, call Michael Renick at 941.400.8735 and we will go through it with you.

About the Author

I’m Michael Renick — a Florida West Coast broker with over 15 years guiding families through some of the biggest decisions of their lives. I’ve built my practice on hard work, honesty, and total transparency. No shortcuts, no spin — just straight answers, deep market knowledge, and the dedication my clients deserve from start to close.

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Equal Housing Opportunity. This article is general information only, not legal, tax, insurance, or financial advice. Market conditions, insurance requirements, and costs vary by property and transaction; confirm your specific situation with the appropriate licensed professional. Michael Renick, Licensed Florida Real Estate Broker, License #BK3241900, licensed by the Florida Department of Business and Professional Regulation (DBPR). Mangrove Realty Associates Inc — each office is independently owned and operated.

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