Effective August 2024 — Florida Real Estate Commission Rules Update
Florida’s new commission rules prohibit public disclosure of commission details in MLS listings and any public-facing materials. This change ensures greater privacy and transparency in how commissions are handled between sellers, agents, and buyers.
Commission details must NOT be included in MLS listings, public remarks, or marketing materials.
This is to comply with Florida law and MLS policies.
All commission agreements must be clearly documented in private listing agreements between the seller and the listing agent.
Buyers must sign a written compensation agreement with their agent before viewing any properties.
Agents may share commission information privately via email or direct communication with other agents and brokerages. This is part of normal cooperation and negotiation.
Commission information should never be disclosed publicly or in any materials accessible to the general public.
When emailing commission offers, be clear but professional, and keep correspondence confidential.
Subject: Commission Offer for [Property Address or MLS#]
Hi [Agent Name],
Per our agreement with the seller, the commission offered for cooperating brokers on the above property is [X]% of the sales price.
Please let me know if you have any questions or require further details.
Best regards,
[Your Name]
Luxury Property Solutions, LLC
[Your Contact Info]
| Communication Context | Commission Disclosure Allowed? |
|---|---|
| MLS listings / Public listings | No (prohibited) |
| Public marketing materials | No |
| Private email to agents/brokers | Yes (allowed and expected) |
| Communications with buyers/public | No (buyers must sign compensation agreements first) |
Always keep commission information confidential except in direct, private agent-to-agent communications.
Make sure all commission agreements are properly signed and documented.
When in doubt, consult with your broker or legal counsel.
If you have any questions about commission disclosures or need assistance drafting communications, please contact the LPS compliance team.
