A Florida realtor is entitled to a commission when they produce a buyer who is ready, willing, and able to purchase the property on the seller’s terms, and when the listing agreement’s trigger for payment has been met. That contract between the seller and the brokerage decides almost everything: when the commission is earned, how much it is, and what happens if the sale never closes. Knowing when a realtor is entitled to commission in Florida means reading the listing agreement first and the general rules second.
The Listing Agreement Sets the Trigger
Every commission question in Florida starts with the listing agreement. Three types are common, and each answers the “when” question differently.
- Exclusive right to sell. The brokerage earns the commission whenever the property sells during the contract period, regardless of who finds the buyer. Even if the seller’s cousin spots the sign and makes an offer with no agent involved, the commission is owed. This is the most common arrangement and gives the brokerage the strongest protection.
- Exclusive agency. The brokerage earns the commission only if an agent finds the buyer. A seller who locates a buyer entirely on their own owes nothing. Less common, because most brokerages prefer the certainty of an exclusive right to sell.
- Open listing. The seller can hire multiple brokerages at once, and only the one that actually causes the sale earns the commission. If the seller finds the buyer, no one is paid.
The commission rate itself is fully negotiable. Florida does not set a legally mandated percentage, and neither does any other state.
The Ready, Willing, and Able Buyer Standard
Even under the broadest listing agreement, the agent still has to produce a buyer who meets a three-part test. Each piece carries real weight.
- Ready. The buyer is prepared to move forward without unnecessary delay. They are not waiting on another home sale, a job transfer, or some indefinite future event before committing.
- Willing. The buyer has made a formal offer that matches the seller’s asking price and terms, or the seller has accepted a different set of terms. An offer loaded with unusual contingencies the seller never agreed to does not satisfy this element.
- Able. The buyer has the financial capacity to close. A cash buyer needs liquid funds verified by a bank statement or proof-of-funds letter. A financed buyer needs a mortgage preapproval from a lender.
The “able” piece is where commission claims most often fall apart. A buyer who says they can afford the home but cannot produce documentation is not “able” in any legally meaningful sense.
Only the Broker Can Legally Collect
This rule catches many sellers and newer agents off guard. Under Florida law, a sales associate cannot collect any money connected to a real estate transaction except through their employing broker and with that broker’s consent. A sales associate also cannot sue anyone for a commission other than the broker they were registered with when they did the work.1The Florida Legislature. Florida Statutes 475.42
In practice: a seller owes the commission to the brokerage, not to the individual agent who listed the home. An agent who brought the buyer must run the claim through their broker. Any side arrangement where a seller pays a sales associate directly is a violation of Florida law and can trigger disciplinary action.
When Two Agents Both Claim the Sale
If more than one agent had contact with the buyer, or if an open listing is in play, Florida courts look at which agent was the “procuring cause” of the sale. That means the agent whose continuous efforts actually produced the completed transaction. It is not automatically the agent who first showed the property, and it is not automatically the one who wrote the final offer.
Courts trace the full chain of events. An agent who showed a property to a lukewarm buyer and never followed up has a weak claim, even if that buyer later purchases the home. If a second agent re-engaged the buyer, addressed their concerns, negotiated the price, and shepherded the deal to closing, the second agent produced the sale.
Abandonment
Abandonment is the most common defense against a procuring cause claim. An original agent who went silent for weeks or months and made no meaningful contact with the buyer has a broken chain of events. The gap makes it very difficult to argue the agent caused the sale, especially when someone else stepped in and did the substantive work of converting interest into a signed contract.
Estrangement
Estrangement happens when the agent’s own conduct drove the buyer away. A buyer who fires an agent over poor communication, missed appointments, or pressure tactics, then works with a new agent to buy the same property, has severed the relationship for cause. The original agent cannot claim credit for a deal they were pushed out of by their own behavior.
When the Sale Falls Through
Whether the agent still gets paid on a collapsed deal depends on who caused the collapse. The listing agreement governs the specifics, but the framework is consistent across most Florida transactions.
If the Seller Backs Out
If the agent produced a ready, willing, and able buyer and the seller simply changed their mind, the commission has been earned. The agent did the job the listing agreement required. A seller who backs out after accepting an offer from a qualified buyer still owes the brokerage, and the brokerage can sue to collect. Sellers who assume they can walk away from a signed contract without financial consequences are often surprised.
If the Buyer Walks Away
When the buyer is the one who fails to close, the agent’s claim is much weaker. In most Florida listing agreements, the agent does not receive a full commission from the seller in this scenario. The agreement instead typically addresses how the buyer’s forfeited earnest money deposit is divided between the seller and the brokerage, with the brokerage’s share serving as partial compensation for the work performed. The split is not standardized; the listing agreement’s exact language controls, and silence on the point invites a dispute.
Commission After the Listing Expires
A protection clause (sometimes called a “tail” or “carryover” provision) stops sellers from running out the clock on a listing to avoid paying. Without it, a seller could let the listing expire and immediately close with a buyer the agent spent months cultivating.
For the clause to work, the agent must deliver a written list of prospective buyers to the seller within a specified window after expiration, naming the specific people the agent showed the property to or negotiated with during the listing period. That deadline is defined in the listing agreement and usually falls somewhere between 7 and 14 days after expiration.
The protection period itself typically runs 30 to 180 days, again depending on the listing agreement. If the seller sells to anyone on the list during that period, the original brokerage is entitled to the commission. The clause generally does not apply if the seller enters into a new exclusive listing agreement with a different brokerage during the protection period. The exact language controls, so read it.
Net Listings: Legal but Risky
Florida is one of a small number of states where net listings remain legal. In a net listing, the seller sets a minimum price they want to receive, and the agent keeps whatever the property sells for above that amount. If the home sells for $400,000 and the seller agreed to a net price of $350,000, the agent takes $50,000.
The conflict of interest is obvious, and most states ban the arrangement for that reason. Even in Florida, net listings cannot be entered into the MLS, which severely limits the property’s exposure. Regulators have warned that net listings should only be used with sophisticated sellers who fully understand the arrangement and have agreed to it in writing. For most residential sales, a standard percentage-based or flat-fee commission is safer for the seller and far less likely to end in a dispute or a regulatory complaint against the agent.