SERHANT. THE SALTY PALM GROUP AT SERHANT.
Make My MoveSouthwest Florida · with Heidi

Working with a buyer’s agent

What Should I Ask Before Hiring a Buyer’s Agent in Florida?

By Heidi Choiniere, REALTOR® · The Salty Palm Group at SERHANT.
Sources checked

A practical, no-pressure interview guide: what to ask about local knowledge, communication, representation, the agreement and compensation before you tour a single home.

The short answer

Interview a buyer’s agent the way you would hire any professional you will rely on for a major decision. Ask how they know the specific areas and property types you are considering, how they and their team will communicate, what brokerage relationship they propose under Florida law, and what the written agreement says about services, length, exclusivity, cancellation and compensation. Then ask what they will actually do when inspections, insurance, association documents and negotiations get complicated.

Ask for the agreement before your first tour so you can read it without pressure. Fees are negotiable, every agreement is not the same, and no agreement guarantees a particular home, price or result.

Separate the law, MLS rules and your contract

A lot of confusion comes from mixing three different sources of rules. It helps to know which one you are talking about before you sign.

Checked November 9, 2026. Confirm current versions before relying on them.
SourceWhat it coversWhat to ask
Florida lawSection 475.278, Florida Statutes allows licensees to work as a transaction broker or single agent, presumes transaction brokerage unless another relationship is established in writing, and prohibits dual agency.“Which relationship are you proposing, and where is that disclosure?”
NAR and MLS policySince August 2024, MLS Participants working with a buyer must have a written agreement before touring a home. NAR and MLSs such as Stellar MLS (Article 06.01) require it to state compensation in an objectively ascertainable way, cap pay from any source at the agreed amount, and say fees are not set by law and are fully negotiable.“Which MLS rules apply to you, and does this agreement meet them?”
Your agreementEverything else is negotiated: services, length, territory or listed properties, exclusivity, retainer, cancellation, carryover period and dispute resolution.“Can we walk through every blank and checkbox together?”

That split matters. Florida Realtors’ FAQ notes that the written-agreement requirement came from NAR rule changes, not a new law, and that it did not change Florida’s brokerage-relationship law. On August 19, 2026, a federal appeals court upheld approval of the settlement behind those practice changes, so they remain in place as of this writing.

Questions about local knowledge and fit

“Southwest Florida” covers very different communities, property types and ownership structures. Ask questions that reveal how the agent researches a specific property, not just how long they have been in business.

  • Which areas and property types do you regularly help buyers with? Are you comfortable with new construction, resale, condominiums, waterfront or homes with a well or septic system, if those are on my list?
  • How do you check a property’s flood zone, insurance considerations, permits and age of major systems before we write an offer?
  • How do you find out about HOA rules, condominium documents, community development district or improvement-district assessments and approval requirements?
  • How do you prepare a pricing discussion, and which records or comparable sales will you show me?
  • If I’m moving from out of state, how do you handle virtual consultations, document review and remote closing questions?

A strong answer explains a process and the sources behind it. It should not sound like a promise that a neighborhood is “perfect,” “safe” or “right for people like you.” You choose where to look, based on the criteria you set, and a good agent helps you research those criteria with objective records.

Communication and who does the work

Many agents work with teams, assistants or showing partners. That can be helpful, but you should know who does what before you start.

  • Who will be my main contact, and who else may show homes, write offers or coordinate the transaction?
  • How quickly do you typically respond, and by phone, text or email? What happens on weekends or when you are away?
  • How will you keep me updated on contract deadlines, inspection results and lender or closing-agent requests?
  • Will you send me every disclosure and document you receive, not just a summary?
  • If I am not happy with the service, who at the brokerage should I talk to?

Ask which brokerage relationship you are getting

Under Florida law, a single agent owes duties that include loyalty, confidentiality, obedience and full disclosure. A transaction broker provides a limited form of representation with duties such as dealing honestly and fairly, using skill, care and diligence, and limited confidentiality, but not undivided loyalty. Licensees are presumed to be transaction brokers unless a single-agent or no-brokerage relationship is set up in writing. Florida does not permit dual agency.

  • Which relationship are you proposing, and why?
  • Could that change during our work together? The statute requires your written consent before a single agent becomes a transaction broker.
  • What happens if I want to buy a home your brokerage has listed?
  • What happens if you also represent another buyer making an offer on the same home? The Florida Realtors exclusive agreement form, for example, addresses competing buyers’ offers; read how your agreement handles it.
  • Do you have any business relationship with a lender, title company, builder or other provider you might recommend? Am I free to choose my own?

Read the written agreement before you tour

Agreements vary. Florida Realtors offers three buyer forms: a Property Pre-Touring Agreement, a Showing Agreement for specifically listed properties, and an Exclusive Buyer Brokerage Agreement for an exclusive relationship. Its October 2026 legal article explains that a Showing Agreement is tied to listed properties and is not exclusive, while the exclusive agreement creates obligations as soon as it is signed, including working through that brokerage. A brokerage may also use its own form.

  • Type and scope: Is this exclusive or non-exclusive? Does it cover specific addresses, a property type, or an area such as a county?
  • Duration: When does it start and end? Does it extend automatically if I am under contract on the end date?
  • Services: Which services are written into the agreement, and which are only verbal?
  • Termination: Can either of us end it early, how, and is any fee owed?
  • Carryover or protection period: Would I owe compensation if I buy a home after the agreement ends? For which homes and for how long?
  • Other contacts: What must I do if I visit an open house, call a builder’s sales office or contact a listing agent?
  • Disputes: Does the agreement call for mediation or arbitration?

The NAR guidance notes that NAR policy does not dictate the relationship type, length, services or amount of pay. Those are terms you can discuss. If an agent cannot explain a provision, ask a Florida real estate attorney to review it before you sign. This article is general information, not legal advice.

Talk about compensation openly

Compensation is negotiable and not set by law. Under NAR and MLS rules, a covered agreement must state the amount or rate, or how it will be determined, in a way that is objectively ascertainable. It cannot be open-ended, such as “whatever the seller offers,” and Florida Realtors’ FAQ adds that a range does not meet that standard. The agent also cannot receive more than the agreed amount from any source.

  • What is your proposed fee or rate, and is any part due before closing, such as a retainer? Is a retainer credited or refundable?
  • If I buy, what do I owe and when? What happens if the transaction does not close?
  • If a seller or builder agrees to pay some or all of your compensation, how is that handled, and how is it credited against what I owe?
  • How will we request seller concessions in an offer, and how might that affect the offer’s strength?

Who pays is a matter of the actual agreements in your transaction. Florida Realtors notes that in its buyer compensation forms the buyer is the party agreeing to pay, that sellers may choose whether to offer buyer-broker compensation, and that a buyer can negotiate concessions in an offer. Offers of compensation can no longer be posted in the MLS. Talk with your lender early, too: Florida Realtors’ FAQ (updated June 26, 2025) reported that commissions could not be financed into a mortgage at that time and that the VA had temporarily changed its policy on veterans paying for representation. Ask your lender for the current rules for your loan.

What useful advocacy looks like

Opening doors is the smallest part of the job. Ask candidates to describe how they help you make better decisions:

  • Organizing your priorities, budget and non-negotiables before touring, so you see fewer wrong-fit homes.
  • Pulling property records, permit history, flood-zone information and association or district documents early.
  • Explaining contract choices, deadlines and contingencies in plain language, and reminding you when each deadline approaches.
  • Helping you schedule qualified inspectors and specialists and understand findings, without acting as your inspector.
  • Encouraging early insurance quotes and coordinating with your lender and closing agent.
  • Negotiating price, repairs or credits based on what the facts support, and telling you plainly when a deal no longer fits your goals.
  • Recommending an attorney, tax adviser or insurance professional when your question goes beyond real estate brokerage.

Be cautious of any agent who guarantees you will win a bidding situation, promises a price, discourages you from reading the agreement, or pushes you to skip inspections to save time. Those are not signs of advocacy.

Printable interview checklist

  • Which areas and property types do you know best, and how do you research a specific property?
  • Who is on your team, and who will I deal with day to day?
  • How and how often will you communicate with me?
  • Single agent or transaction broker, and why? What happens if your brokerage lists the home I want?
  • May I take a copy of the agreement home before any tour?
  • Exclusive or non-exclusive? Which properties or area, and for how long?
  • How can either of us end the agreement, and is there a carryover period?
  • What is the fee, when is it due, and how are seller-paid amounts credited?
  • How do you approach pricing, negotiation, inspections, insurance and association documents?
  • Which other professionals should I talk to, and am I free to choose my own?

Common questions

Do I have to sign an agreement just to talk with an agent?

No. Under NAR and MLS rules, the written agreement is required before an MLS Participant working with you tours a home with you, including a live virtual tour. Talking about your move or receiving property information is not touring. Ask the agent to send the agreement early so you are not reading it on a driveway.

Can I contact the listing agent or a builder directly?

Yes, you can. Florida law says a customer is not required to enter a brokerage relationship. Understand whose interests that person represents, and if you already signed an exclusive buyer agreement, follow its terms for contacting owners and other licensees.

Does signing an agreement guarantee anything?

No. It defines a working relationship and how compensation is handled. It does not guarantee you will find or win a home, get a particular price or close by a certain date.

Can I ask Heidi these questions?

Please do. Bring this list to a buyer consultation, ask to review the proposed agreement before any tour, and take time to decide. If you want the truth, Ask Heidi.

Keep building your moving plan

Sources and scope

Sources checked November 9, 2026. Rules, forms and policies can change; confirm current versions for your transaction.

  1. Florida Statutes § 475.278: authorized brokerage relationships and required disclosures
  2. National Association of REALTORS®: Written Buyer Agreements 101
  3. Stellar MLS Rules and Regulations, Article 06.01: Written Buyer Agreements Required
  4. Florida Realtors®: Buyer Broker Agreements FAQ (updated June 26, 2025)
  5. Florida Realtors®: Can a Showing Agreement Cover a Large Territory? (October 26, 2026)
  6. NAR REALTOR® News: Appeals court ruling on the Sitzer-Burnett settlement (August 2026)

General information only; not legal advice. Florida law, association policy, MLS rules and individual contract terms are different things; your signed agreements control your transaction, and a Florida real estate attorney can review them. Other MLSs may word their rules differently. Social image is an AI-generated illustration, not a listing or a photograph of a real property.

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