How real estate commission works in Florida
Commission is a fee paid to a real estate brokerage for helping with a sale or purchase, usually as a percentage of the price and usually paid from the seller's proceeds at closing. Two agreements set it:
- The listing agreement between the seller and the listing brokerage sets what the seller pays, and whether the seller will offer anything toward a buyer's agent.
- The written buyer agreement between the buyer and the buyer's brokerage sets what that brokerage will be paid, and by whom.
The fee goes to the brokerage, not directly to the agent. Section 475.42(1)(d) of the Florida Statutes says a sales associate may not collect money in a real estate transaction except in the name of their employing broker and with the broker's consent. The broker then pays the agent their agreed share.
The rules that apply to Florida commissions
No law sets the rate
The National Association of Realtors' consumer guide states that compensation between you and your real estate professional is negotiable and not set by law. Florida statutes regulate who may be paid and how the relationship is disclosed, not how much.
The Florida Real Estate Commission licenses agents, it does not set fees
Despite the name, the Florida Real Estate Commission (FREC) is not a fee. Created by section 475.02 within the Department of Business and Professional Regulation, it is a seven-member board appointed by the Governor: four brokers, one broker or sales associate, and two members who have never been licensed. It oversees licensing and discipline under Chapter 475. It does not publish or approve commission rates.
Transaction broker is the default
Under section 475.278, a Florida licensee may work as a transaction broker or as a single agent, but not as a dual agent. Unless a single agent relationship is set up in writing, the law presumes every licensee is a transaction broker, which offers limited representation: dealing honestly and fairly, accounting for funds, using skill and care, and disclosing known facts that materially affect value but aren't readily observable. A single agent owes full fiduciary duties such as loyalty and confidentiality. Ask which one you are signing up for, because it can shape what you should expect for the fee.
Written buyer agreements before touring
Since August 17, 2024, under the NAR settlement practice changes, buyers working with a Realtor sign a written agreement before touring a home, in person or virtually. The compensation must be clearly defined, such as $0, a flat fee, a percentage or an hourly rate, and cannot be open-ended or a range.
No compensation offers on the MLS
NAR's guide states that offers of compensation cannot be listed on multiple listing services. A seller can still choose to offer to pay a buyer's agent, and that offer can be shared through flyers, brokerage websites, a phone call or email. A buyer can also ask the seller to pay their agent as part of the offer.
What percentage do most realtors charge in Florida?
There is no official Florida average, because commissions are private agreements. The most-cited figure comes from surveys. Clever Real Estate's August 2026 survey of 434 agents nationwide, including 61 in Florida, put the average total at 5.29%, with about 2.64% going to each side. Treat that as a starting point, not a standard: a small survey sample moves with who answers.
What pushes the rate up or down
- Price. A lower percentage on a $1 million home can still pay more than a higher one on a $250,000 condo.
- Speed of the market. In slower markets with more price cuts, sellers often agree to pay part of the buyer's agent fee to attract offers.
- Services. Professional photos, staging, video and paid advertising cost the brokerage money.
- Buying and selling together. Using one brokerage for both sides of a move can give room to negotiate.
Do realtors still charge 6%?
Some listings still total around 6% when a seller pays both sides at 3%, but 6% has never been a legal rate in Florida, and the survey average is below it. After the 2024 changes, the buyer's side is negotiated separately between the buyer and their agent, so the two sides no longer have to add up to any fixed total.
Worked examples: what commission costs in dollars
How much would a real estate agent make on a $300,000 house?
At the survey's 2.64% for one side, the brokerage receives $300,000 × 2.64% = $7,920. The agent keeps only their share after the brokerage's split and any fees. As an illustration, on a 70/30 split, the agent would receive $7,920 × 70% = $5,544 before their own taxes and expenses, such as licensing, association dues, marketing and car costs. Splits vary widely by brokerage, so the real figure can be higher or lower.
The seller's side of a $400,000 sale
| Arrangement | Math | Commission |
|---|---|---|
| Listing side only at 2.64% | $400,000 × 2.64% | $10,560 |
| Listing side only at 2% | $400,000 × 2% | $8,000 |
| Both sides at the survey average | $400,000 × 5.29% | $21,160 |
| Both sides at 6% | $400,000 × 6% | $24,000 |
Add the deed doc stamps of $400,000 ÷ 100 × $0.70 = $2,800 (see the doc stamps guide), title charges and any repair credits, and you have most of a seller's closing costs. The seller net proceeds calculator runs these numbers for your price.
Is 2% a good realtor fee?
It depends on what is included. On a $400,000 listing, 2% instead of 2.64% saves $2,560. That is worth having if the brokerage still provides the pricing, marketing and negotiation you need. Compare the service list and who handles showings, offers and the inspection period, not just the percentage.
Commission lowers your taxable gain
Commission is a selling expense, so it reduces the amount realized for federal capital gains purposes. The capital gains guide shows the calculation.
Who pays realtor fees in Florida?
The seller pays the listing brokerage
The listing agreement sets the fee, paid at closing from the seller's proceeds.
The buyer's agent is paid under the buyer agreement
The buyer agreement states the fee. It can be paid by the buyer, by the seller or listing brokerage if they agree, or by a mix. Many buyers ask for the seller to pay some or all of it as a term of the offer. If the seller pays less than the agreed amount, the buyer agreement says whether the buyer owes the difference, so read it before you tour.
Paying a buyer's agent with a mortgage
Cash for a buyer-paid commission has to come from the buyer's funds or a seller concession, subject to the loan program's rules. Ask your lender how a buyer-paid fee is treated before you sign a buyer agreement with a percentage you would need to cover yourself. The home buying guide shows where this fits.
Alternatives to a traditional commission
Selling your own home
Section 475.011(2) exempts an owner selling its own real property from Florida's licensing law, so you can sell without an agent and pay no listing commission. You take on pricing, marketing, showings, the contract and the disclosures described in the seller disclosure guide. Many sellers who skip a listing agent still offer something to a buyer's agent, because most buyers use one.
Flat-fee and limited-service listings
Some brokerages charge a set fee to put a home on the MLS and leave the showings and negotiation to you, or sell services a la carte. The fee is still a private agreement with a licensed brokerage, so compare exactly what is included and what happens when an offer arrives.
Selling to a cash buyer
An investor or instant-offer company may charge no commission but pay less than market value, or deduct a service fee. The as-is selling guide compares that route with listing.
How to negotiate commission in Florida
Interview two or three agents
Ask each for a written fee, a marketing plan and a list of recent sales in your area. A clear service list makes the percentages comparable.
Negotiate structure, not just the rate
Options include a lower rate if the agent finds the buyer, a tiered rate that rises above a target price, a flat fee, or a shorter listing term with the right to cancel.
Decide your buyer's agent policy up front
Sellers can offer a set amount to a buyer's agent, offer nothing, or wait to negotiate it in each offer. Offering something can widen the pool of buyers, especially those short on cash to close.
Get it in writing
Every figure should be in the listing agreement or buyer agreement. Read the cancellation terms and any protection period during which a fee is still owed after the agreement ends.
Check the license
Before you sign, look up the agent and brokerage on the Department of Business and Professional Regulation license search at myfloridalicense.com. Only a licensed broker, through its licensees, can be paid a commission in Florida.
Common questions
What percentage do most realtors charge in Florida?+
No law sets it, so it varies. Clever Real Estate's August 2026 survey, which included 61 Florida agents, put the average total at 5.29% of the sale price, about 2.64% for each side. Your rate is whatever you agree in the listing agreement or buyer agreement, and both can be negotiated.
Is 2% a good realtor fee?+
It can be, if it includes the services you need. On a $400,000 home, 2% for the listing side costs $8,000, compared with $10,560 at the survey average of 2.64%. Compare what each brokerage does for the fee, such as pricing, photography, marketing, showings and handling inspections, rather than choosing on the rate alone.
Do realtors still charge 6%?+
Some sellers still agree to about 6% when they pay both the listing and buyer's agents, but 6% is not a Florida standard or a legal rate. A 2026 survey put the Florida average at 5.29%. Since August 2024, the buyer's agent fee is agreed separately in a written buyer agreement, so there is no fixed total.
How much would a real estate agent make on a $300,000 house?+
At 2.64% for one side, the brokerage receives $7,920. The agent gets a share of that under their brokerage split; on a 70/30 split, about $5,544, before their own taxes and business costs. Splits vary widely. If one agent represented both sides at the 5.29% survey total, the brokerage would receive $15,870.
Who pays the buyer's agent in Florida?+
Whoever the agreements say. The buyer signs a written agreement setting their agent's pay before touring. The seller may agree to pay some or all of it, either as a listing policy or when negotiating an offer, and any shortfall is covered as the buyer agreement specifies. Offers of compensation can no longer appear on the MLS.
Does the Florida Real Estate Commission set commission rates?+
No. The Florida Real Estate Commission is a seven-member state board within the Department of Business and Professional Regulation that licenses and disciplines real estate brokers and sales associates under Chapter 475. It does not set or approve fees. Commission rates are negotiated between each client and their brokerage.
Sources
- Florida Statutes: section 475.02, Florida Real Estate Commission
- Florida Statutes: section 475.278, brokerage relationships
- Florida Statutes: section 475.42, violations and penalties
- Florida Statutes: section 475.011, exemptions
- National Association of Realtors: Consumer guide to written buyer agreements
- National Association of Realtors: Consumer guide to offers of compensation
- Clever Real Estate: Average realtor commission in Florida (August 2026 survey)
- Florida Department of Revenue: Documentary stamp tax