Do Sellers Pay the Buyer’s Agent in Florida? Buyer-Agent Compensation After the 2024 Rule Change
Since August 17, 2024, no Florida seller has to pay the buyer’s agent, and no offer of pay can sit in the MLS. The decision still lands on the seller in almost every sale, through the listing agreement, a separate compensation agreement or a credit in the contract. This guide shows the forms, the lender rules and the dollar math at three price points so the decision is made before the first offer, not during it.
Quick Answer: Do sellers pay the buyer’s agent in Florida?
Florida sellers do not have to pay the buyer’s agent: no Florida law requires it, and since August 17, 2024 offers of compensation cannot appear in the MLS. A seller may still choose to pay, directly or as a credit to the buyer, in any negotiated amount. Most sellers decide case by case, because the buyer’s cash and loan rules shape which offers can close.
- Since August 17, 2024, MLS policy prohibits sellers and their brokers from making offers of compensation to buyer brokers on an MLS (Florida Realtors, NAR Settlement FAQs, accessed October 2026).
- Florida Realtors states that compensation “is fully negotiable and not set by law” (NAR Settlement FAQs, accessed October 2026).
- The Florida Realtors Compensation Agreement form CASSB-1 (Rev 1/26) caps the buyer’s broker at the amount in the buyer’s own written agreement (Florida Realtors, 2026).
- Florida documentary stamp tax on deeds is 70 cents per $100 of consideration outside Miami-Dade County (Florida Department of Revenue, accessed October 2026).
- In July 2026, single-family homes had 4.9 months of supply in St. Lucie County and 3.7 months in Palm Beach County (Florida Realtors Monthly Market Summaries, July 2026).
In this guide
- Do sellers pay the buyer’s agent in Florida?
- What changed in August 2024, and what did not?
- How much does the compensation decision move a seller’s net?
- What are the four ways a buyer’s agent gets paid in a Florida sale?
- Does offering nothing save the seller money?
- What are Rider GG and Rider FF, and how should a seller respond?
- How is a seller’s compensation decision put in writing?
- How do FHA, VA, conventional and cash buyers change the answer?
- How does buyer-agent compensation show up at closing and on taxes?
- How should a Port St. Lucie seller decide in 2026?
- How does the decision differ for a Palm Beach County seller?
- What does the compensation conversation look like with Jeannie Jacobson?
- Frequently asked questions
Do sellers pay the buyer’s agent in Florida?
Florida sellers are not required to pay the buyer’s agent, but many still do, because the choice affects which buyers can afford to make an offer. Do sellers pay the buyer’s agent in Florida in 2026? The accurate answer is “only if they agree to, in writing, in an amount they negotiate.” Florida Realtors, the statewide trade association, puts it plainly in its settlement guidance: whether to offer buyer-broker compensation “is a business decision for each individual seller,” and compensation “is fully negotiable and not set by law.”
This article is written by Jeannie Jacobson, REALTOR® with RE/MAX Gold in Port St. Lucie, Florida, who represents home sellers in Port St. Lucie, the Treasure Coast (St. Lucie, Martin and Indian River counties) and Palm Beach County, in English and Spanish. Every listing she takes starts with a written pricing analysis and a pre-listing plan, and since 2024 that plan includes a written decision on buyer-agent compensation. The rest of this guide explains what goes into that decision.
A buyer’s agent is the licensee who works with the buyer: finding homes, writing the offer, negotiating repairs and coordinating the buyer’s side of the closing. Before August 2024, Florida listings in the MLS usually displayed an amount the listing brokerage would share with any brokerage that brought the buyer. That display is now banned, but the underlying question did not go away. Someone still pays the buyer’s agent, and there are only three possible payers: the seller, the listing brokerage (out of the fee the seller pays it), or the buyer.
Three facts frame the seller’s position in 2026:
- No obligation. No Florida statute and no MLS rule forces a seller to pay a buyer’s agent. A seller can list with no offer of compensation at all.
- No prohibition. Nothing stops a seller from paying, either. Florida Realtors confirms sellers “can offer buyer brokerage compensation if they choose to and in the amount of their choice.”
- A ceiling set by the buyer’s contract. The buyer’s broker cannot collect more than the buyer agreed to in writing. The Florida Realtors compensation form states: “In no event will Buyer’s Broker’s compensation exceed the amount of compensation in Buyer’s Broker’s separate written agreement with Buyer.”
Commissions in Florida are negotiable. There is no fixed or required percentage for either the listing side or the buyer side, and any figure used in this article is an illustration for the arithmetic, not a norm or a recommendation.
One more definition helps before going further. A listing agreement is the written contract between a seller and a listing brokerage that sets the list price, the term, the services and the fee the seller pays, and since August 2024 it is also where a seller’s instructions about buyer-agent compensation are recorded. For the full selling process in St. Lucie County, see the hub page on selling a home in Port St. Lucie.
What changed in August 2024, and what did not?
Two practice changes took effect nationwide on August 17, 2024: offers of buyer-broker compensation were removed from the MLS, and buyers’ agents must now have a written agreement with the buyer before touring a home. Both came from the settlement of class-action lawsuits brought by home sellers against the National Association of Realtors (NAR), which a federal judge in Missouri approved in November 2024. Everything else about who pays whom stayed negotiable, as it was before.
The MLS (multiple listing service) is the shared database that brokerages use to publish listings to one another and, through data feeds, to consumer websites. In St. Lucie County and Palm Beach County, the MLS is BeachesMLS, a wholly owned corporation of the Broward, Palm Beaches and St. Lucie Realtors association (BeachesMLS Rules and Regulations, updated April 24, 2025).
What changed for sellers
- No compensation field in the MLS. Florida Realtors summarizes the policy: “Effective August 17, 2024, MLS Policy will eliminate and prohibit MLS Participants, Subscribers, and sellers from making any offers of compensation on an MLS to buyer brokers or other buyer representatives.”
- Written seller approval of any payment to buyers’ brokers. Under the settlement terms, a listing brokerage must disclose to the seller, in writing and in advance, any payment it will make to a buyer’s broker, and obtain the seller’s approval (NAR settlement FAQ, 2024).
- Written buyer agreements before touring. A buyer brokerage agreement is the written contract between a buyer and the buyer’s brokerage that sets the services and the compensation the buyer’s broker may receive. Florida Realtors publishes three forms for this step: a Property Pre-Touring Agreement, a Showing Agreement and a full buyer brokerage agreement. Any compensation in them “must be objectively ascertainable and not open‑ended.”
What did not change
- Sellers may still pay. Offers can be communicated outside the MLS; Florida Realtors notes that brokers “are able to market and promote this information on social media, company websites, etc.”
- Lenders still treat customary seller-paid compensation the same way. Fannie Mae and Freddie Mac confirmed in April 2024 that seller-paid buyer-agent commissions paid under local custom do not count toward their concession limits (Florida Realtors, April 16, 2024). Section 8 covers the details.
- Florida brokerage relationships. Section 475.278 of the Florida Statutes still presumes every licensee is a transaction broker “unless a single agent or no brokerage relationship is established, in writing, with a customer.” A transaction broker is a licensee who gives limited representation to one or both parties without fiduciary duties; a single agent owes one party loyalty, confidentiality, obedience and full disclosure. The duties attach to the type of relationship.
The practical effect for a Florida seller is a shift in timing and paperwork. The compensation decision used to be one number typed into an MLS field. In 2026 it lives in the listing agreement, in a separate compensation agreement with each buyer’s brokerage, or in the purchase contract itself, and each of those documents has its own signatures and deadlines.
Contract questions in this section are general information. For advice on a specific listing agreement or purchase contract, consult a Florida real estate attorney.
How much does the compensation decision move a seller’s net?
Each 1% of the price paid toward a buyer’s agent costs a seller $3,500 on a $350,000 home, $6,000 on a $600,000 home and $12,000 on a $1,200,000 home. Those dollars sit next to fixed costs such as documentary stamp tax, which Florida charges on deeds at 70 cents per $100 of the price (Florida Department of Revenue, accessed October 2026). The table puts the decision in dollars at three price points that match common bands in Port St. Lucie and Palm Beach County.
| Line (rule and source) | $350,000 sale | $600,000 sale | $1,200,000 sale |
|---|---|---|---|
| Documentary stamp tax on the deed, $0.70 per $100 (Florida Department of Revenue) | $2,450 | $4,200 | $8,400 |
| Cost of each 1% offered toward the buyer’s agent (arithmetic) | $3,500 | $6,000 | $12,000 |
| Cost of each 0.5% offered (arithmetic) | $1,750 | $3,000 | $6,000 |
| A $10,000 flat fee expressed as a share of the price (arithmetic) | 2.86% | 1.67% | 0.83% |
| Buyer’s cash for a 5% down payment, illustration (arithmetic) | $17,500 | $30,000 | $60,000 |
| Extra cash a buyer needs if the buyer pays a 2% fee out of pocket, illustration (arithmetic) | $7,000 | $12,000 | $24,000 |
| That fee as an increase over the 5% down payment | +40% | +40% | +40% |
The 1%, 2% and $10,000 figures are illustrations chosen to make the arithmetic visible. Commissions are negotiable, and nothing in the table describes a customary, expected or recommended amount.
Three readings of the table matter for a seller:
- The percentage is not the whole decision. The Florida Realtors compensation form lets a seller offer a flat fee, a percentage of the gross purchase price plus a dollar amount, or other terms. A flat fee is a larger share of a $350,000 sale than of a $1,200,000 sale, so the same dollar figure reads very differently to a buyer’s broker at each price.
- The buyer’s cash is the pressure point. A buyer who must pay a 2% fee out of pocket needs 40% more cash than the 5% down payment alone, before inspections, insurance, prepaid taxes and lender fees. At $350,000 that is $7,000 a first-time buyer may not have. When a seller declines to pay, the buyer pool narrows toward buyers with more cash.
- The cost is negotiated, not fixed. A seller who offers compensation can still accept an offer that asks for less, and a seller who offers nothing can still agree to a credit inside a strong offer. The table is the price list for that negotiation.
The other seller costs in a St. Lucie County sale, from title insurance to prorated property taxes, are broken out line by line in the guide to Port St. Lucie seller closing costs. To run your own numbers, start with the page that helps you estimate your seller net proceeds.
What are the four ways a buyer’s agent gets paid in a Florida sale?
A buyer’s agent in Florida is paid in one of four ways: by the seller directly, by the listing brokerage out of its fee, by a seller credit to the buyer, or by the buyer out of pocket. Each path uses different paperwork, shows up differently on the closing statement and affects the buyer’s loan differently. A seller should know which paths to accept before the house goes live.
| Path | Who signs | Florida Realtors form commonly used | Effect on seller’s net | Effect on buyer’s cash |
|---|---|---|---|---|
| 1. Seller pays the buyer’s brokerage directly | Seller and buyer’s broker | Compensation Agreement, Seller or Seller’s Broker to Buyer’s Broker (CASSB‑1) | Reduced by the agreed amount | No cash needed for the fee |
| 2. Listing brokerage shares part of its fee | Listing broker and buyer’s broker, with the seller’s written approval | CASSB-1 with “Seller’s Broker” checked | Depends on the listing agreement; the total fee may or may not change | No cash needed for the fee |
| 3. Seller gives the buyer a credit applied to the buyer’s broker fee | Buyer and seller, inside the purchase contract | Rider FF, Credit Related to Buyer’s Broker Compensation | Reduced by the credit | Lower, subject to lender concession limits |
| 4. Buyer pays the buyer’s brokerage | Buyer and buyer’s broker | The buyer’s own brokerage agreement | Not affected | Higher by the full fee |
Path 1: Seller pays directly
A seller who pays the buyer’s brokerage directly signs a separate compensation agreement with that brokerage. On the Florida Realtors CASSB-1 form (Rev 1/26), the seller fills in the property, optionally the buyer’s name, a term in days, and the amount as a flat fee, a percentage of the gross purchase price plus a dollar amount, or other terms. Payment is due at closing only if the buyer’s broker is “the procuring cause of the sale” during the term. If the term is left blank, it runs 15 days, and it extends through closing once that buyer signs a purchase contract.
Path 2: Listing brokerage shares its fee
Many listing agreements let the listing brokerage pay a buyer’s brokerage out of the fee the seller pays the listing side. Since August 2024, the seller must approve that payment in writing in advance. The seller’s question at the listing appointment is simple: if a buyer’s brokerage is paid from the listing fee, does my total cost change, and by how much? That answer belongs in the listing agreement, in numbers.
Path 3: Seller credit to the buyer
A seller credit is money the seller agrees, in the purchase contract, to apply toward the buyer’s costs at closing. Seller concessions are the broader category: any cost the seller agrees to cover for the buyer, from closing costs to repairs to a rate buydown. Rider FF is a Florida Realtors contract rider used when “a seller agrees to give a credit to the buyer in a transaction when the buyer has entered into a separate buyer’s brokerage agreement” and the buyer wants the credit applied to the broker’s fee (Florida Realtors, September 9, 2024). The negotiation side of credits is covered in the series guide to seller concessions in Port St. Lucie.
Path 4: Buyer pays
A buyer who pays the buyer’s own brokerage does so under the buyer brokerage agreement signed before touring. The seller’s net is untouched, but the buyer’s cash to close rises by the full fee, and for some loan types the fee cannot be financed. Buyers with cash, equity from a prior sale, or gift funds can choose this path; buyers stretching to reach the down payment usually cannot.
Florida Realtors notes that no form is required to be used. The forms named here are the common statewide versions, and a Florida real estate attorney can review any custom wording before you sign.
Does offering nothing save the seller money?
Offering nothing up front does not ensure a lower cost, because the buyer’s broker’s fee is set in the buyer’s contract and usually comes back to the seller as a request inside the offer. The common belief is that a seller who lists with no compensation keeps that money. The evidence from the forms and the 2026 market says the money is more often moved than saved.
Why the cost tends to come back
A buyer touring homes in Florida in 2026 has already signed a written agreement with a brokerage, and that agreement states what the buyer’s broker will be paid. If the seller offers nothing, the buyer has two options: pay the fee in cash, or ask the seller for it in the offer. Florida Realtors created Rider FF and Rider GG in September 2024 for exactly that second option. A buyer can write an offer at a higher price with a credit attached, or at a lower price with the fee left to the buyer, and the seller compares the net of each.
When the cost comes back inside an offer, the seller negotiates it under time pressure, with a specific buyer and a specific price on the table. When the seller decides in advance, the seller sets the terms calmly and can still change them for any individual offer.
What the market data says about leverage
Months of supply is the number of months it would take to sell every active listing at the current pace of sales; lower numbers favor sellers and higher numbers favor buyers. In July 2026, St. Lucie County single-family homes had 4.9 months of supply, down from 5.7 in July 2025, and sold at a median 96.0% of original list price after a median 63 days to contract (Florida Realtors Monthly Market Summary, St. Lucie County, July 2026). Palm Beach County single-family homes had 3.7 months of supply, down from 5.5, with a median 41 days to contract and 95.1% of original list price received (Florida Realtors Monthly Market Summary, Palm Beach County, July 2026).
Those figures describe markets where sellers do not hold all the leverage. In St. Lucie County, 2,271 single-family homes were active in July 2026; a buyer who is told to bring an extra $7,000 or $12,000 in cash has thousands of other listings to consider. A seller whose home is priced right and presented well may sell without paying anything toward the buyer’s agent, and some do. The point is to decide with the buyer pool in mind, not to assume the line item disappears.
A second myth: “It is illegal to offer compensation now”
Offering compensation is legal in Florida. What changed is where the offer can appear. It cannot appear in any MLS field, but a seller and listing broker can communicate it directly to buyers’ brokers, on a brokerage website, or on social media, as Florida Realtors confirms. The CASSB-1 form itself carries a footer stating it “should not be used to share offers of compensation to buyer brokers or other buyer representatives via any field in the Multiple Listing Service.”
Jeannie Jacobson, REALTOR® with RE/MAX Gold in Port St. Lucie, Florida, treats buyer-agent compensation as a pricing decision, not a habit. In the pre-listing plan, she puts the seller’s net next to the likely buyer pool for the home’s price band and financing mix, and the seller decides in writing whether to offer compensation, how much, and which offers to entertain if the answer is no. The seller can change that decision at any time, and the plan shows what each choice is likely to cost or save.
What are Rider GG and Rider FF, and how should a seller respond?
Rider GG is a Florida Realtors contract rider that makes the sale contingent on the seller or the listing broker signing a separate compensation agreement with the buyer’s broker; Rider FF is a rider in which the seller gives the buyer a credit toward the buyer’s broker fee. Both were released on September 9, 2024. A seller who sees either rider in an offer should read it as a request about money, then answer it the way any price term is answered: accept, counter or decline.
How Rider GG works
Rider GG lets the buyer cancel the purchase contract if no compensation agreement is signed, or if its terms are not acceptable to the buyer, within a set window. If the window is left blank, it is 3 days after the contract’s effective date. Florida Realtors has stressed four points about the rider (May 29, 2025):
- Rider GG is not required with every offer; it is “for a specific purpose, to add a contingency to the Buyer and Seller’s sales contract when no compensation agreement has been entered into beforehand.”
- Rider GG and Rider FF do not have to be used together.
- If a compensation agreement already exists, Rider GG adds nothing but confusion.
- “Rider GG itself is not a compensation agreement.” The amount lives in the separate agreement.
How Rider FF works
Rider FF puts the seller’s contribution inside the purchase contract as a credit to the buyer. Because it is a credit, the buyer’s lender will review it alongside every other seller concession, and the total may be limited by the loan program (section 8). Rider FF is often cleaner for the seller than Rider GG, because the amount is fixed in the contract the seller is already signing.
A seller’s response, step by step
Listing agent reads the offer for every money term
Actor: listing agent. The price, the financing type, the credits requested, any Rider FF or GG, and the buyer’s broker fee in the buyer’s agreement (if disclosed) are summarized for the seller in one net-to-seller comparison.
Seller compares the net, not the price
Actor: seller. A $400,000 offer with a $10,000 credit and a $392,000 offer with no credit are $2,000 apart in net, not $8,000. The comparison includes the buyer’s financing, since a higher price must still appraise; see the series guide to low appraisal options for sellers.
Seller chooses: accept, counter or decline the compensation term
Actor: seller, through the listing agent. A counter can change the amount, change the form (a credit instead of a direct payment), or remove the request and adjust the price instead.
If Rider GG is in the signed contract, sign or refuse the compensation agreement inside the window
Actor: seller or listing broker and buyer’s broker. The default window is 3 days after the effective date. Missing it gives the buyer the right to cancel, so the agreement should be ready before the contract is signed.
Closing agent receives the final terms
Actor: listing agent and title company. The agreed compensation or credit is sent to the title company or closing attorney so it appears correctly on the closing statement and the buyer’s lender documents.
Riders and contingencies carry legal consequences. For advice on a specific contract, consult a Florida real estate attorney.
How is a seller’s compensation decision put in writing?
A seller’s decision on buyer-agent compensation is recorded in up to three documents: the listing agreement, a separate compensation agreement with the buyer’s brokerage, and the purchase contract. Which documents are used depends on the payment path the seller chooses. Written records protect the seller, because every later dispute about who owes what goes back to the signed paper.
Document 1: the listing agreement
The listing agreement records the fee the seller pays the listing brokerage and whether the listing brokerage may share any part of it with a buyer’s brokerage. Since August 2024, the listing brokerage must disclose any such payment to the seller and obtain the seller’s approval in writing before agreeing to pay a buyer’s broker. A seller should be able to read one sentence in the listing agreement and know the total cost under every scenario: no buyer’s agent, a buyer’s agent paid by the buyer, and a buyer’s agent paid through the seller or the listing side.
Document 2: the compensation agreement
The separate compensation agreement (Florida Realtors CASSB-1 or a brokerage’s own form) is the only document that obligates the seller or listing broker to pay a specific buyer’s brokerage. Its key terms, from the Rev 1/26 version:
- Parties: either the seller or the seller’s broker, plus the buyer’s broker; optionally a named buyer.
- Term: the number of days written in, or 15 days if blank; it cannot run past the listing’s end date, but it extends through closing once the buyer signs a contract.
- Amount: a flat fee, a percentage of the gross purchase price plus a dollar amount, or other terms.
- Trigger: payable at closing if the buyer’s broker is the procuring cause of the sale during the term.
- Cap: never more than the buyer’s own written agreement allows.
- Disputes: mediation first when the seller is the payer, with an optional arbitration clause.
- Negotiability: the form states “Broker’s commissions are not set by law and are fully negotiable.”
Document 3: the purchase contract
The Florida Realtors/Florida Bar “AS IS” Residential Contract for Sale and Purchase is the statewide contract in which the buyer accepts the property in its present condition while keeping the right to inspect and cancel during the inspection period; the standard FR/BAR contract is its companion form with repair obligations for the seller. Either one can carry Rider FF (a credit) or Rider GG (a contingency). The purchase contract is where the buyer’s request and the seller’s answer become binding between buyer and seller.
The order of steps for a seller
Before listing: decide the default position
Actor: seller with the listing agent. The seller picks one default (offer a stated amount, offer nothing, or consider requests offer by offer) and records it, with written approval of any payment the listing brokerage may make.
At launch: communicate the position outside the MLS
Actor: listing agent. Buyers’ agents who ask receive the seller’s position directly; nothing about compensation is typed into any MLS field.
Before or with an offer: sign a compensation agreement if one applies
Actor: seller or listing broker and buyer’s broker. A CASSB-1 signed before the offer avoids the need for Rider GG; its default term is 15 days unless another number is written in.
At contract: confirm credits and riders in the purchase contract
Actor: buyer and seller through their agents. Any Rider FF credit or Rider GG contingency is negotiated with the price and signed with the contract; a Rider GG window defaults to 3 days after the effective date.
Before closing: send all compensation terms to the closing agent
Actor: both agents and the title company. The closing statement, the lender’s Closing Disclosure and the compensation agreement must match.
Listing agreements and compensation agreements are binding contracts. Have a Florida real estate attorney review any terms you do not fully understand before you sign.
How do FHA, VA, conventional and cash buyers change the answer?
The buyer’s financing changes the answer because loan programs limit how much a seller can contribute to the buyer’s costs, and because some programs restrict what the buyer may pay. A direct seller payment to the buyer’s brokerage under local custom is treated differently from a seller credit to the buyer. Cash buyers face none of these limits.
An interested party contribution (IPC) is money a seller, builder or agent pays toward a buyer’s costs, and loan programs cap it as a share of the price. Each loan program caps seller-paid concessions: generally 3% to 9% for conventional loans depending on down payment, 6% for FHA and 4% for VA (Fannie Mae Selling Guide B3-4.1-02; HUD Handbook 4000.1, Interested Party Contributions; VA Lenders Handbook). Under current agency guidance, a customary seller-paid buyer-agent fee generally isn’t counted toward those caps. Confirm the current limit with the buyer’s lender.
Conventional loans (Fannie Mae and Freddie Mac)
Fannie Mae stated in April 2024: “If a seller or seller’s real estate agent continues to pay the buyer’s real estate agent commission in accordance with local common and customary practices, these amounts are not required to be counted towards the IPC limits for the transaction.” Freddie Mac said buyer agent fees “are currently excluded from these financing concession limits” (Florida Realtors, April 16, 2024). Those statements describe a seller or listing agent paying the buyer’s agent. A seller credit that the buyer then uses to pay the broker, such as a Rider FF credit, is a different structure, so ask the buyer’s lender to confirm in writing whether it will count toward the cap before you sign the rider.
FHA loans
FHA lets interested parties contribute up to 6% of the sales price (HUD Handbook 4000.1, Interested Party Contributions). On March 27, 2024, HUD said that reasonable and customary buyer-agent commissions paid by the seller are not treated as interested party contributions (as summarized by Ohio Realtors). FHA buyers often bring the smallest down payments, so they are the buyers most affected when a seller declines to pay and the buyer must cover the fee in cash.
VA loans
VA loans historically barred veterans from paying buyer-broker charges. VA Circular 26-24-14, dated June 11, 2024 and effective August 10, 2024, created a temporary local variance allowing veterans to pay “reasonable and customary” buyer-broker charges where buyer-broker compensation cannot be set through MLS postings. Under the circular, those charges cannot be included in the loan amount, and the veteran’s payment is considered when the lender checks that the veteran has enough liquid assets to close. The circular also states that “VA does not treat the seller’s payment of buyer-broker charges as a seller concession,” and it remains valid until rescinded. Ask the buyer’s lender whether VA has changed the policy since then before relying on it.
For a seller, the VA rule means a veteran buyer may be able to pay the buyer’s broker, but only with cash on hand. A veteran using a VA loan with no down payment is often the buyer for whom a seller-paid fee decides whether the offer can close. Sellers whose own VA or FHA loan can be taken over by a buyer face a related set of questions, covered in the series guide to selling a house with an assumable mortgage in Florida.
Down payment assistance buyers
Buyers using state assistance programs usually have limited cash by design. Florida Hometown Heroes is a Florida Housing program that helps eligible buyers with down payment and closing costs; the details are on the page about the Florida Hometown Heroes program. For a seller, an offer from an assisted buyer is often only workable if the buyer’s broker fee is paid by the seller or covered by a credit.
Cash buyers
Cash buyers carry no lender limits, so they can pay their own broker or negotiate any credit. In July 2026, 134 of 517 single-family closings in St. Lucie County (about 26%) were paid in cash, and 551 of 1,336 in Palm Beach County (about 41%) (Florida Realtors Monthly Market Summaries, July 2026). The rest used financing, which is why lender rules shape most sellers’ decisions.
| Buyer type | Can the buyer pay the broker in cash? | Seller-paid compensation under local custom | Seller credit toward the fee |
|---|---|---|---|
| Conventional | Yes, from verified funds | Not counted toward IPC limits (Fannie Mae, Freddie Mac, April 2024) | Ask the buyer’s lender to confirm in writing whether it counts toward the conventional concession cap |
| FHA | Yes, from verified funds | Not treated as an IPC when reasonable and customary (HUD, March 27, 2024) | Ask the buyer’s lender to confirm in writing whether it counts toward the 6% cap |
| VA | Yes since August 10, 2024, not financed (Circular 26‑24‑14) | Not treated as a seller concession (Circular 26‑24‑14) | Ask the buyer’s lender to confirm in writing whether it counts toward the 4% concession limit |
| Cash | Yes | No lender limit | No lender limit |
How does buyer-agent compensation show up at closing and on taxes?
Buyer-agent compensation paid by the seller appears as a seller charge on the closing statement and is paid by the title company or closing attorney from the sale proceeds. For federal tax purposes, commissions are selling expenses that reduce the amount realized on the sale, which is the figure used to calculate gain (IRS Publication 523, 2025). A seller credit appears as a seller charge and a buyer credit on the same statement.
On the closing statement
The closing statement (often an ALTA settlement statement, alongside the lender’s Closing Disclosure for financed buyers) lists every charge and credit for both sides. A direct seller payment to the buyer’s brokerage is a seller line item. A Rider FF credit is shown as a credit to the buyer from the seller. A buyer-paid fee is a buyer line item. The seller should review the draft statement against the listing agreement, the compensation agreement and the purchase contract a few days before closing, and ask the listing agent to explain any line that does not match.
On the seller’s taxes
IRS Publication 523 defines the amount realized as “sale price minus selling expenses,” and its worksheet lists sales commissions, advertising fees, legal fees and loan charges paid by the seller as selling expenses. A lower amount realized means a smaller gain. Publication 523 also sets the home sale exclusion: up to $250,000 of gain, or $500,000 if married filing jointly, for sellers who meet the ownership and use tests. Many homeowners with gains under those limits owe no federal tax on the sale either way; sellers with larger gains, rentals or second homes should run the numbers with a professional. The series guide to capital gains tax when selling a home in Florida covers the exclusion in depth.
If you give the buyer a credit instead of paying the buyer’s brokerage directly, ask a CPA how to report it before you file. Florida has no state personal income tax, so the federal return is where the question lives.
For sellers who live outside Florida or the U.S.
Owners selling from another state can sign compensation agreements and contracts electronically; the CASSB-1 form states “Electronic signatures will be acceptable and binding.” The practical steps for remote sellers are in the series guide to selling a Florida home from out of state. Foreign sellers face FIRPTA withholding on the sale price, a separate federal rule that a CPA should review early.
This section is general information, not tax advice. For your own situation, consult a CPA or a Florida tax attorney.
How should a Port St. Lucie seller decide in 2026?
A Port St. Lucie seller in 2026 should decide on buyer-agent compensation by looking at three things: the price band, the financing most buyers in that band use, and the competing inventory, including new construction. In July 2026, St. Lucie County single-family homes sold at a median price of $394,995, with a median 63 days to contract and 4.9 months of supply (Florida Realtors Monthly Market Summary, St. Lucie County, July 2026). That is a market where buyers compare many homes and most use loans.
Price band and buyer cash
At a median sale price of $394,995, the table in section 3 shows what a buyer-paid fee does to a buyer’s cash: each 1% is about $3,950, and a 2% fee is roughly $7,900 on top of the down payment. In the price bands where Port St. Lucie sees many first-time and assisted buyers, a seller who declines to pay should expect fewer qualified offers or offers that ask for a credit.
Competing new construction
Port St. Lucie resale sellers compete with builders in master-planned areas such as Tradition and Southern Grove and in other parts of the city. Builders set their own policies on paying buyers’ brokers and on incentives, and a resale seller is compared against those packages. The guide to competing with builders as a Port St. Lucie resale seller explains that comparison, and the series guide to selling a resale home vs. new construction in Port St. Lucie covers pricing against builder inventory.
A decision framework
| Seller’s situation | Default position worth considering | Why |
|---|---|---|
| Price band where many buyers use FHA, VA or assistance programs | Offer a stated amount, or signal openness to a credit | Those buyers often lack the cash to pay their broker |
| Home competing with new construction nearby | Decide after reviewing builder terms for comparable homes | Buyers compare total cash to close across both |
| Home with a CDD or HOA assessment buyers must budget for | Model the buyer’s full monthly cost before deciding | Higher carrying costs reduce the cash a buyer can spare |
| Home likely to draw cash or high-equity buyers | Consider requests offer by offer | These buyers can pay their own broker if the price works |
| Home that has been on the market longer than the county median | Revisit the decision with the price | A compensation change is one lever; price and condition are the others |
A CDD (Community Development District) is a special-purpose government district that finances community infrastructure and collects its assessments on the property tax bill; HOA dues are charged separately by the homeowners association. Both raise a buyer’s monthly cost, which is why they belong in the compensation decision for homes in Tradition, Verano and other districts. Community-by-community fee structures are on the Port St. Lucie communities hub, and current conditions are in the Port St. Lucie real estate market guide.
The same logic applies elsewhere on the Treasure Coast. Sellers in Fort Pierce, Stuart, Palm City, Jensen Beach and Vero Beach face the same rules and forms; what changes is the price band and the share of cash buyers in each market.
How does the decision differ for a Palm Beach County seller?
A Palm Beach County seller makes the same decision with larger dollar amounts and a larger share of cash buyers. In July 2026, Palm Beach County single-family homes sold at a median price of $660,090, with a median 41 days to contract, 3.7 months of supply and 41% of closings paid in cash (Florida Realtors Monthly Market Summary, Palm Beach County, July 2026). Every percentage point of compensation is worth more, and more buyers can pay their own way.
Dollar size changes the conversation
At $660,090, each 1% is about $6,600; on a $1,200,000 home it is $12,000; on a $2,000,000 home it is $20,000. At those sizes, many sellers and buyers’ brokers prefer a flat fee or a capped amount, which the CASSB-1 form allows. The table in section 3 shows how a flat fee shrinks as a share of the price as the price rises.
Cash buyers and condominium buyers
With about four in ten single-family closings paid in cash in July 2026, a Palm Beach County seller is more likely than a St. Lucie County seller to receive offers in which the buyer pays the buyer’s broker directly. Condominium sellers in older buildings face a different constraint: when lenders limit financing for a building, the buyer pool shifts to cash buyers, and the compensation decision follows the buyer pool.
City-level differences
Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Palm Beach Gardens, Jupiter and Wellington each have their own price bands and housing types. The city seller guides cover each market, for example selling a home in Boca Raton and selling a home in West Palm Beach. For homes at the top of the market, see the page on luxury home seller representation in Palm Beach County.
Port St. Lucie vs. Palm Beach County at a glance
| Single-family, July 2026 (Florida Realtors) | St. Lucie County | Palm Beach County |
|---|---|---|
| Closed sales | 517 | 1,336 |
| Paid in cash | 134 (about 26%) | 551 (about 41%) |
| Median sale price | $394,995 | $660,090 |
| Median percent of original list price received | 96.0% | 95.1% |
| Median time to contract | 63 days | 41 days |
| Active listings | 2,271 | 4,590 |
| Months supply of inventory | 4.9 | 3.7 |
| Cost of 1% of the median price | about $3,950 | about $6,600 |
Documentary stamp tax is the same 70 cents per $100 in both counties, since only Miami-Dade County has a different rate (Florida Department of Revenue, accessed October 2026). The rules on MLS compensation, buyer agreements and forms are also the same in both counties; the differences are the buyer pool and the dollar size.
What does the compensation conversation look like with Jeannie Jacobson?
With Jeannie Jacobson, the compensation decision is made at the listing appointment, in writing, with the seller’s net shown under each option. It is part of the written pricing analysis and the pre-listing plan she prepares for every seller, not a separate conversation after an offer arrives. For sellers in Tradition or St. Lucie West with a CDD or HOA assessment, the plan also shows how those charges affect the buyer’s budget and, through it, the compensation choice.
What the seller receives
- A written pricing analysis. A comparative market analysis (CMA) is a study of recent closed sales, pending sales and active competition used to set a list price; it is not an appraisal. Jeannie Jacobson’s version adds the net to the seller under each compensation option.
- A pre-listing plan. The order of steps from preparation to launch, with the compensation default written into it and the forms that will carry it.
- A clear listing agreement. The fee, whether any part may be paid to a buyer’s brokerage, and the seller’s written approval of any such payment, all in plain numbers.
- Guidance on HOA and CDD assessments, homestead questions and buyer financing, including buyers using Florida Hometown Heroes.
- Service in English and Spanish, and coordination for owners who live out of state.
What happens when an offer arrives
Each offer is summarized for the seller as a net figure, with any Rider FF credit, Rider GG contingency or compensation request shown beside the price, the financing type and the deadlines. The seller decides; Jeannie Jacobson explains the options and the numbers. Her services across all markets are described on the page for home seller representation across the Treasure Coast and Palm Beach County.
Jeannie Jacobson has lived in Port St. Lucie for more than seventeen years. Her office is at RE/MAX Gold, 10850 S. US Highway 1, Port St. Lucie, FL 34952, and the brokerage’s broker of record is Richard McKinney.
What Sellers Say About Working With Jeannie Jacobson
“Jeannie was wonderful! She helped us determine the right price to list the house based on the market. She explained the process and kept me informed every step of the way. Once we received an offer she made sure the process went smoothly and efficiently. If you are looking for a realtor that is proactive, communicative and knowledgeable I would recommend you contact Jeannie.”
— Carrie Wiley · Port Saint Lucie, FL · March 26, 2022 · Verified review
“I recently had the pleasure of working with Jeannie to sell my house and I couldn't be happier with the experience. From our very first interaction, Jeannie was incredibly friendly and approachable. What truly stood out though, was her excellent communication. She was always prompt in responding to my emails, calls, and texts. She kept me informed every step of the way, explaining the process clearly and patiently answering all of my questions, no matter how big or small. Thanks to Jeannie dedication and hard work, I sold my house quickly. I highly recommend her to anyone looking for a friendly, communicative, and genuinely helpful realtor. She made the entire selling process so much smoother and less stressful.”
— Sim Miller · 4 Feb 2025 · Google review
“Jeannie was wonderful! She quided us in pricing, staging, and the actual selling process. Needless to say, our house was sold in record time! Her continuous contact with us, allowed us to know how things were going throughout the wait time between contract an closing, was great! She has a friendly, yet professional, attitude when dealing with the various vendors associated with the sale and we would highly recommend her as your real estate agent!”
— Diane · Delray Beach, FL · June 22, 2023 · Verified review
This article is general information about Florida real estate practice as of October 2026. It is not legal, tax or financial advice. Contract terms, lender rules and tax treatment depend on your facts; consult a Florida real estate attorney, a CPA or your lender before acting. Commissions and compensation are negotiable and are not set by law.
Frequently Asked Questions
No. No Florida law requires a seller to pay the buyer’s agent, and Florida Realtors describes compensation as fully negotiable and not set by law. A seller may offer a stated amount, offer nothing, or consider requests offer by offer. Because many buyers lack the cash to pay their own broker, the choice affects how many qualified offers a listing receives, so most sellers decide it in writing before listing.
Yes. Since August 17, 2024, the offer cannot appear in any MLS field, but a seller can still pay a buyer’s brokerage directly, approve a payment from the listing brokerage, or give the buyer a credit in the purchase contract. Florida Realtors confirms sellers can offer buyer brokerage compensation if they choose to and in the amount of their choice, and offers may be shared outside the MLS.
No. Effective August 17, 2024, MLS policy prohibits sellers and their brokers from making offers of compensation to buyer brokers on an MLS. The Florida Realtors compensation agreement form even carries a footer saying it should not be used to share offers through any MLS field. Listing agents can still tell buyers’ agents the seller’s position directly, on a brokerage website or on social media.
The buyer still owes the buyer’s broker under the written agreement signed before touring. That buyer will either pay the fee in cash or ask you for it inside the offer, often through a credit using Rider FF or a contingency using Rider GG. You can accept, counter or decline. Expect fewer offers from buyers with limited cash, such as many FHA, VA and assisted buyers.
Rider GG, Seller’s Agreement with Respect to Buyer’s Broker Compensation, is a Florida Realtors rider released in September 2024. It makes the sale contingent on the seller or listing broker signing a separate compensation agreement with the buyer’s broker. If no agreement acceptable to the buyer is signed within the window, 3 days after the effective date if left blank, the buyer may cancel. Rider GG is not itself a compensation agreement.
Rider FF, Credit Related to Buyer’s Broker Compensation, is a Florida Realtors rider in which the seller agrees to give the buyer a credit that the buyer applies toward the buyer’s broker fee. The amount is fixed inside the purchase contract. Because it is a credit to the buyer, the buyer’s lender reviews it with other seller concessions, and the loan program may limit the total.
For conventional loans, Fannie Mae and Freddie Mac said in April 2024 that a seller or listing agent paying the buyer’s agent under local custom does not count toward their interested party contribution limits. A seller credit the buyer uses for the fee may be treated differently, and FHA and VA rules have their own wording. Confirm the treatment with the buyer’s lender before agreeing to terms.
Yes, under a VA change. VA Circular 26-24-14, effective August 10, 2024, allows veterans to pay reasonable and customary buyer-broker charges where compensation cannot be set through MLS postings. The charges cannot be added to the loan amount, so the veteran needs cash on hand. Many VA buyers use no down payment, which is why seller-paid compensation often decides whether a VA offer can close.
IRS Publication 523 defines the amount realized as the sale price minus selling expenses, and lists sales commissions among those expenses. Commissions a seller pays therefore reduce the gain used for the home sale exclusion of up to $250,000, or $500,000 for married couples filing jointly who qualify. A seller credit to the buyer may be reported differently, so confirm your situation with a CPA.
There is no required or standard amount; commissions are negotiable. Base the decision on your price band, the financing buyers in that band use, and competing listings and builder terms. In July 2026, St. Lucie County single-family homes had a median price of $394,995 and 4.9 months of supply, so each 1% equals about $3,950 at the median. A written net comparison makes the choice clear.
Yes. Jeannie Jacobson, REALTOR® with RE/MAX Gold in Port St. Lucie, Florida, works with home sellers in English and Spanish across Port St. Lucie, the Treasure Coast and Palm Beach County. Her written pricing analysis and pre-listing plan show the seller’s net under each buyer-agent compensation option, and she explains the forms, riders and lender rules in either language before the listing goes live.
Decide Buyer-Agent Compensation Before the First Offer
Book a 15-minute call with Jeannie Jacobson to go over your home’s price band, the buyers it is likely to draw, and how each compensation option changes your net. You leave the call knowing which documents you will sign and when.
Jeannie Jacobson, REALTOR® · RE/MAX Gold · (772) 877-0268 · English and Spanish
Sources
- Florida Realtors, “NAR Settlement: Buyer Broker Agreements” (FAQs) — https://www.floridarealtors.org/law-ethics/nar-settlement-faqs (accessed October 2026)
- Florida Realtors, “Compensation Agreement – Seller or Seller’s Broker to Buyer’s Broker” (CASSB-1 Rev 1/26) — https://www.floridarealtors.org/sites/default/files/2025-12/Compensation%20Agreement%20-%20Seller%20or%20Sellers%20Broker%20to%20Buyers%20Broker_CASSB-1.pdf (accessed October 2026)
- Florida Realtors, “Florida Realtors Introduces New Contract Riders” (September 9, 2024) — https://floridarealtors.org/news-media/news-articles/2024/09/florida-realtors-introduces-new-contract-riders (accessed October 2026)
- Florida Realtors, “Myths and Misuse of Rider GG” (May 29, 2025) — https://floridarealtors.org/news-media/news-articles/2025/05/myths-and-misuse-rider-gg (accessed October 2026)
- Florida Realtors, “Fannie Mae, Freddie Mac Clarify IPCs” (April 16, 2024) — https://www.floridarealtors.org/news-media/news-articles/2024/04/fannie-mae-freddie-mac-clarify-ipcs (accessed October 2026)
- Fannie Mae Selling Guide B3-4.1-02, Interested Party Contributions (IPCs) — https://selling-guide.fanniemae.com/sel/b3-4.1-02/interested-party-contributions-ipcs (accessed October 2026)
- HUD Single Family Housing Policy Handbook 4000.1, Interested Party Contributions — https://www.hud.gov/hud-partners/single-family-handbook-4000-1 (accessed October 2026)
- Ohio Realtors, “FHA issues guidance on seller-paid commissions” (summary of HUD’s March 27, 2024 statement) — https://www.ohiorealtors.org/blog/1976/fha-issues-guidance-on-seller-paid-commissions/ (accessed October 2026)
- BeachesMLS Rules and Regulations, updated April 24, 2025 — https://static1.squarespace.com/static/5dd6e5c4baf69652ee450b55/t/681389368b09c8298cabb7a4/1746110775608/BeachesMLS+Rules+and+Regulations+2025.pdf (accessed October 2026)
- Florida Statutes, section 475.278, Authorized brokerage relationships — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.278.html (accessed October 2026)
- Florida Department of Revenue, Documentary Stamp Tax — https://floridarevenue.com/taxes/taxesfees/Pages/doc_stamp.aspx (accessed October 2026)
- U.S. Department of Veterans Affairs, Circular 26-24-14 (June 11, 2024) — https://www.benefits.va.gov/homeloans/documents/circulars/26-24-14.pdf (accessed October 2026)
- VA Lenders Handbook, VA Pamphlet 26-7, Chapter 8, Borrower Fees and Charges and the VA Funding Fee (now published on VA’s KnowVA knowledge base) — https://www.knowva.ebenefits.va.gov/ (accessed October 2026)
- Internal Revenue Service, Publication 523 (2025), Selling Your Home — https://www.irs.gov/publications/p523 (accessed October 2026)
- Florida Realtors, Monthly Market Summary, St. Lucie County Single-Family Homes, July 2026 — https://www.miamirealtors.com/wp-content/uploads/bsk-pdf-manager/2026/08/St.-Lucie-County_Single-Family-Homes_2026-07_Summary.pdf (accessed October 2026)
- Florida Realtors, Monthly Market Summary, Palm Beach County Single-Family Homes, July 2026 — https://www.miamirealtors.com/wp-content/uploads/bsk-pdf-manager/2026/08/Palm-Beach-County_Single-Family-Homes_2026-07_Summary.pdf (accessed October 2026)
- National Association of Realtors, settlement FAQ (2024), hosted by the California Association of Realtors — https://blog.car.org/-/media/CAR/Documents/Your-CAR/NAR-Litigation/NAR_FAQ_April_29.pdf (accessed October 2026)
- Boston Globe, “Judge okays settlement that changes rules for real estate agents” (November 26, 2024) — https://www.bostonglobe.com/2024/11/26/business/judge-approves-settlement-rules-real-estate-agents (accessed October 2026)
- Real Estate News, “Commissions won’t count against limits, Fannie and Freddie say” (April 16, 2024) — https://www.realestatenews.com/2024/04/16/commissions-wont-count-against-limits-fannie-and-freddie-say (accessed October 2026)