Realtor Commission in Florida: Who Pays and How Much (2026)

The NAR settlement that went into effect in August 2024 changed how real estate commissions are handled in practice — and it created a lot of confusion among sellers and buyers alike. Let me clear up what actually changed, what it means for your transaction, and how to think about it.

How It Worked Before August 2024

The traditional model was straightforward: the seller paid a total commission (typically 5–6% of the sale price), and that commission was split between the listing agent and the buyer's agent. The split was usually 50/50 — listing agent gets 2.5–3%, buyer's agent gets 2.5–3%.

Critically, the buyer's agent commission was offered through the MLS — sellers would publish what compensation they were willing to offer to buyer's agents when they listed the property. This was a structural feature of the MLS system, baked into how every transaction worked.

What the NAR Settlement Changed

The NAR settlement (formally called the Sitzer/Burnett settlement, which resolved antitrust litigation) required that buyer's agent compensation no longer be communicated or required through the MLS system. As of August 17, 2024, sellers cannot make MLS offers of compensation to buyer's agents through the MLS itself.

What this means in practice: the buyer's agent commission must now be negotiated as a separate agreement — typically between the buyer and their agent (via a buyer's agent agreement), or negotiated as part of the purchase contract with the seller.

What it does not mean: sellers cannot offer buyer's agent compensation. They absolutely still can — and most do. The route of communication changed; the economics haven't fully shifted.

What Actually Happens Today

In most Florida transactions in 2026, sellers still offer buyer's agent compensation — they just do it through the purchase contract or through a separate written agreement rather than through the MLS. Why? Because offering buyer's agent compensation attracts more buyers. A buyer who has to pay their own agent out of pocket has a higher effective cost of purchase, which means a lower net offer to you. It's still in most sellers' financial interest to offer buyer's agent compensation.

The typical breakdown in 2026 looks like this: listing agent commission of 2.5–3%, buyer's agent compensation of 2–2.5%, for a total somewhere in the 4.5–5.5% range. The total is slightly compressed from the traditional 5–6% as negotiations have become more explicit, but the overall structure hasn't fundamentally changed in most transactions.

What has changed is transparency. Buyers must sign a buyer's agency agreement before touring homes — they now explicitly acknowledge what their agent will be paid and how. If the seller doesn't offer buyer's agent compensation in the contract, the buyer either pays it out of pocket or negotiates it into the deal.

Who Actually Pays?

The seller pays both commissions out of proceeds. This has always been true economically — even under the old model, the buyer doesn't write a check for their agent's commission. The seller's proceeds are reduced by the total commission at closing.

The settlement made the structure more explicit for buyers, but the economic reality for sellers hasn't changed meaningfully. You still negotiate your listing agent's commission directly. You still decide whether and how much to offer in buyer's agent compensation.

What MaxLife Charges

MaxLife lists homes starting at 1% listing commission. That 1% goes to us — the listing agent. It doesn't include buyer's agent compensation, which is negotiated separately based on your situation and the property.

A 1% listing commission doesn't mean a discount service. The 27-step pre-listing and marketing process is the same — professional photography, pre-MLS agent outreach, pricing analysis, transaction management through closing. What's different is the fee structure, which reflects a business model built on volume and repeat clients rather than one-off high margins.

Run your own math. On a $600,000 home with a 3% listing commission, you're paying $18,000 to your listing agent. At 1%, you're paying $6,000. That's $12,000 difference in your pocket — assuming all else is equal. If the 3% agent genuinely sells the home for $12,000 more than the 1% agent would have, you're even. If not, you're better off with the lower commission.

The honest answer: not every 3% agent sells for more. And not every 1% agent sells for less. Ask for the data — their list-to-sale price ratio, their average days on market, their canceled listing rate — before you make the decision based on commission alone.

What This Means For Your Net Proceeds

The easiest way to think about commissions is through your net sheet. The net sheet shows your sale price, minus mortgage payoff (if any), minus commissions, minus closing costs (title insurance, doc stamps, prorated taxes, HOA estoppel), minus any seller concessions. What's left is what hits your account.

For a full breakdown of non-commission closing costs, see our guide to seller closing costs in Florida. To see what you'd net on your specific property in today's market, request a free home valuation and we can run a full net sheet for you.