Quote:
Originally Posted by manaboutown
You may be able to find a MLS buyer's agent. Most of the MLS agents I have used over the past 30+ years to purchase homes have represented me as buyer's agent. They were named as buyer's agent in the purchase agreement and were paid from the proceeds of the sale which is customary. Too, I have had separate exclusive and nonexclusive buyer's agent agreements in writing with a few. The one exception was when I bought a house through the listing agent in a very hot market in Newport Beach, CA back in 1996.
Recently I have observed agents moving toward being transactional agents and even non-agents as with a couple of sales of commercial properties I sold in 2022 and 2023. I do not know if Florida residential agents are trending that way or not.
Postings of the relevant Florida real estate agency statute is available in past TOTV threads.
I do not know how the recent NAR settlement has/is affecting how commissions are paid. I imagine it will be an evolving situation.
I haven't a clue about how VLS agents operate.
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Note that to be a transactional agent, the agent must get written consent from the seller under Florida law:
CONSENT TO TRANSITION TO
TRANSACTION BROKER
FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.
As a seller, I would never allow an agent to be a transactional agent until all contingencies in the sales contract were satisfied. Also, I would never allow a buyer's agent to receive any of the commission paid by me at closing. If I am paying a sales commission, then I want exclusive representation by any agent who shows my house.