Florida's New Real Estate Commission Rules: What Agents & Sellers Need to Know
How to Stay Compliant & Avoid Costly MLS Fines
The real estate industry is experiencing significant shifts, and one of the biggest changes in 2025 is the way commissions are handled in MLS listings. Florida agents can no longer include commission details in MLS listings, and failing to comply can result in fines, listing removal, and even suspension from the MLS.
If you or someone in your brokerage has received a violation notice from the MLS regarding commission disclosure, you’re not alone. These changes have caught many agents off guard.
This article will break down:
- What changed with MLS commission rules
- Why these changes matter
- What Florida law still requires in listing agreements
- How agents and sellers can stay compliant
- Real-world examples of fines and violations
- Best practices to avoid costly mistakes
Let’s dive in.
What Changed with Commissions in MLS Listings?
For decades, agents have been able to include commission details in MLS listings. This allowed sellers to publicly offer specific compensation amounts to buyer’s agents. It also gave buyer’s agents clarity on how much they would earn in a transaction.
However, as of 2024, the National Association of Realtors (NAR) introduced new policies that prohibit commission disclosure in MLS listings.
Under these new rules:
✅ MLSs can no longer require the disclosure of total commissions.
✅ Agents cannot include commission details anywhere in an MLS listing, including:
- Public remarks
- Private (Realtor-only) remarks
- Showing instructions
- Attachments
- Any open text field in the listing
✅ Violations result in immediate fines, listing corrections, and potential MLS suspension.
These changes are part of a larger movement toward transparency and are intended to separate commission discussions from home listings, ensuring buyers aren’t making decisions based on how much their agent is compensated.
But Doesn’t Florida Law Require Commission Details in Listings?
Yes, but only in listing agreements—not in the MLS itself.
Under Florida Statutes Section 475.25, all written listing agreements must include:
✔ A clear expiration date
✔ Property details
✔ Listing price and terms
✔ Commission details
✔ Proper signatures
This means that commission must still be included in written agreements between agents and sellers, but it cannot be published in an MLS listing.
This is where many agents get confused—so let’s clear it up:
✅ Listing agreements must contain commission details (per Florida law).
🚫 MLS listings cannot display commission details (per new NAR rules).
Failing to understand this distinction has already led to fines for many Florida agents.
How These Changes Impact Agents & Sellers
If you’re a real estate professional in Florida, here’s what you need to know about how these rule changes affect different parties in the transaction:
1. Impact on Listing Agents
As a listing agent, you must still discuss commission with your sellers and include those details in your agreement. However, you cannot:
- Mention commission in the MLS
- Add it in the “Realtor Only” section
- Include it in any attachments
If you do, you risk immediate fines.
2. Impact on Sellers
Many sellers don’t understand these rule changes. They may ask why their listing no longer shows commission offers like it used to.
It’s crucial to educate your sellers that:
- Commission agreements still exist—just not in MLS listings.
- Agents can discuss compensation privately, outside of the MLS.
- Buyers and their agents can negotiate commissions directly.
3. Impact on Buyer’s Agents
Buyer’s agents will now need to:
- Communicate directly with listing agents to confirm commission details.
- Ensure their buyers understand how agent compensation works.
- Consider negotiating buyer representation agreements.
These changes put more emphasis on direct communication and transparency rather than relying on MLS listings to convey commission details.
Real-World Example of an MLS Fine for Commission Disclosure
To show how serious this issue is, here’s a real-world example (names and addresses changed for privacy).
🚨 MLS Violation Notice Example
Notice Date: 02/14/2025
Agent: John Smith
MLS Listing: TB835XXXX
Address: 1234 MAIN ST, CITY, FL 12345
Rule Violated: Prohibited Commission/Compensation Verbiage
Violation Description:
- Commission details were included in Realtor-only remarks.
- The agent wrote: “$5,000 commission offered by seller.”
- Fine Amount: $500
- Correction Deadline: 10 days before further penalties applied.
This agent had to immediately correct the listing to avoid additional fines or suspension.
If you receive an MLS violation notice, act fast to remove commission details before the correction deadline to prevent further penalties.
Best Practices to Stay Compliant & Avoid Fines
To avoid running into issues with the new MLS rules, follow these guidelines:
✅ DO:
✔ Include commission details in the listing agreement (required by Florida law).
✔ Communicate commission details privately with buyer’s agents.
✔ Educate sellers on why commission details cannot be published in MLS listings.
✔ Update your team on these rule changes to prevent mistakes.
✔ Ensure MLS listings do not contain commission-related verbiage.
❌ DON’T:
🚫 Mention commission or compensation in any part of an MLS listing.
🚫 Include commission in public remarks, private remarks, attachments, or showing instructions.
🚫 Assume MLSs are not enforcing these rules—they are actively issuing fines.
Final Thoughts: Adapt & Stay Ahead
With these changes, agents need to shift how they communicate commission details while staying compliant with both Florida law and MLS regulations.
To recap:
- Commission must be included in listing agreements but cannot be published in MLS listings.
- Violations can result in fines starting at $500 or more.
- Agents should educate sellers about the rule changes and how commissions are now handled outside of MLS listings.
- Buyer’s agents must now communicate directly to confirm commission details.
By understanding these new policies and following best practices, you can protect yourself, your brokerage, and your sellers from unnecessary fines and penalties.
If you have questions, reach out—staying informed is the best way to protect your business.
