Buyer agreements before showings: what agents need to know in 2026

No signed buyer agreement, no tour. That has been the practice rule since 08/17/2024, and it is not going away.

The change came out of NAR's settlement of the commission lawsuits. Two years in, most agents have a routine for it. Many still lose time chasing signatures the morning of a showing. This guide covers what the rule actually requires, where Florida law fits, and a workflow that makes the agreement a two-minute step instead of a roadblock.

What changed on 08/17/2024

Two practice changes took effect that day for NAR members and for participants in NAR-affiliated MLSs:

• No offers of buyer-broker compensation on the MLS. Listing brokers can still offer it off-MLS, and sellers can still agree to pay concessions.
• Written agreements before touring. An MLS participant "working with" a buyer must have a written agreement in place before touring a home with that buyer. That covers in-person tours and live virtual tours.

What the agreement must include

NAR's guidance lists four things every agreement needs:

The buyer can negotiate the services, the length of the agreement and the compensation. NAR's consumer guide says so directly, which is a good line to share with nervous buyers.

When it applies (and when it does not)

MLS rules are what make it binding

NAR-affiliated MLSs wrote the rule into their own policies, so it binds MLS participants and subscribers through the MLS, not only through NAR membership. Most South Florida agents work in MLSs that adopted it. Your MLS can fine or discipline for violations, so check its current rule and use the forms your broker approves.

What Florida law does and does not say

• Florida brokerage relationship law did not change. Chapter 475 still governs how you work with buyers. A transaction broker relationship is presumed unless you set up something else (Fla. Stat. 475.278). The state association's settlement FAQ says the settlement does not change Florida brokerage relationship law.
• No state statute requires a signed buyer agreement before a showing. Bills that would have rewritten parts of brokerage relationship law in 2025 (SB 1770 and HB 805) did not pass.
• Standard forms exist. The state association offers four versions of an exclusive buyer brokerage agreement, one for each relationship type. Use the version your broker approves, and do not write your own.

In practice, Florida agents follow the MLS rule. Your broker's policy decides which form, who signs and where the file lives.

How to make it painless

Buyers rarely object to the agreement itself. They object to surprise, paperwork on a car hood and pressure at the door. Move the agreement earlier and make it easy.

1. Bring it up on the first call. "Before we tour, I send a short agreement that spells out what I do for you and how I am paid. You can ask me anything about it."
2. Send it in a portal, not as an attachment. Buyers sign on their phone in two minutes, and the signed copy lands in the file without anyone saving PDFs.
3. Offer a short first agreement when your broker allows it. The term and services are negotiable, so some brokers approve a limited first agreement and a longer one later.
4. Put the summary on top. Three lines: what you will do, how you are paid, how to end it.
5. Block the calendar, not the buyer. Let the system refuse to book a private tour until the agreement shows as signed. Nobody has to be the bad guy.