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Exclusive buyer Brokerage Agreements in Florida (ebba)

EBBA: What Buyers Should Know

A Buyer Brokerage Agreement (BBA) that buyers are asked to sign may appear straightforward at first glance: perhaps one or two pages of standard contract language, an agent explaining, “We just need this signed before we can show you the property,” and a request to sign it immediately—sometimes at the gatehouse or moments before entering the home.

What that agreement actually establishes, how long it remains in effect, how compensation is determined, and what your options are if the relationship is not working are important details every buyer should understand before signing.

This is a consumer-education guide designed to help Palm Beach County buyers understand the agreements they may encounter when working with a real estate professional. We work with these agreements regularly, and our goal is to explain the provisions buyers should understand and the questions they should ask.

A Buyer Brokerage Agreement does not necessarily have to commit you to an agent for months. The compensation amount is negotiable and is not established at a universally required rate. Depending on the circumstances, a buyer may also be able to begin with a Showing Agreement for a specific property tour rather than immediately entering into a longer-term Exclusive Buyer Brokerage Agreement. A limited Showing Agreement can provide an opportunity for both the buyer and the real estate professional to determine whether they are a good fit before establishing a longer-term representation relationship.

At Real-ativity, we believe Palm Beach County buyers should understand their options before they walk through the front door—not after they have signed an agreement they do not fully understand. Our goal is simple: give buyers the information they need to make informed decisions about who represents them, what they agree to, and how their broker will be compensated.

the EBBA: understand what you are signing

EXCLUSIVE Buyers Brokerage Agreement

Here is a situation we encounter frequently. A buyer is searching for homes online, finds a property that looks promising, and clicks “Schedule a Tour.” Shortly afterward, a real estate agent reaches out, and the buyer agrees to meet at the property. When they arrive, the agent presents an Exclusive Buyer Brokerage Agreement and asks the buyer to sign it before entering the home. The agreement may be for 90 days, six months, or longer, and may establish an exclusive relationship requiring the buyer to work through that agent for other properties during the agreement period. The buyer signs because they want to see the property—and because they have been told that signing is required.

A few weeks later, the buyer may discover that the relationship is not the right fit. Communication may be inconsistent, the agent may not understand the buyer’s priorities, or the properties being recommended may not align with what the buyer is looking for. At that point, the buyer may find that ending the relationship is not as simple as choosing a different agent. Depending on the specific terms of the agreement, the buyer could remain obligated for the duration of the contract and may have financial obligations if they purchase a property outside of the agreed representation.

The good news is that buyers have options. Florida’s real estate rules provide flexibility for buyers and brokers to establish mutually agreed-upon terms regarding the scope and duration of representation and broker compensation. The requirement to have a written agreement before a real estate professional provides services such as a showing does not, by itself, establish a mandatory contract length, exclusive relationship, or fixed commission rate. Understanding those distinctions—and discussing them before signing—can help South Florida buyers choose a representation arrangement that matches their needs and expectations.

What Changed for Buyers After the 2024 NAR Settlement?

The 2024 National Association of REALTORS® settlement changed how buyer-agent relationships are established. Before the changes, Florida buyers often worked with agents informally and might not sign a representation agreement until they were ready to make an offer. Since August 17, 2024, MLS rules require participating real estate professionals to have a written buyer agreement in place before showing an MLS-listed property.

Florida Realtors now offers four Exclusive Buyer Brokerage Agreements (EBBAs) covering different brokerage relationships, along with a separate Showing Agreement (SA-5) for a more limited arrangement. These agreements are not interchangeable, and they can differ in their relationship, duration, services, and compensation provisions.One important distinction: the written-agreement requirement is an MLS policy—not a Florida law requiring every buyer to sign an exclusive agreement. Buyers and brokers can negotiate the terms, including the length of the agreement and compensation.

At Real-ativity, we believe buyers should understand what they are signing, how long they are committing, and how their broker will be compensated before they agree to anything. The goal isn't simply to get through the door. It's to make sure you understand the relationship you're entering before you do.

The four EBBA forms address different brokerage relationships:
1: EBBA-8sa for Single Agent representation
2: EBBA-8tb for Transaction Broker representation
3: EBBA-8tn for Single Agent representation with consent to transition to Transaction Broker
4: EBBA-8nr for No Brokerage Relationship.

The Showing Agreement (SA-5) is a separate form designed for a more limited showing arrangement, like a single property tour or a "getting to know you" day.

comparison of buyers brokerage agreement and showing agreement

The EBBA: A Longer-Term Commitment

An Exclusive Buyer Brokerage Agreement (EBBA) is the more comprehensive of the buyer agreements. It establishes an ongoing relationship between you and your broker for a defined period of time and geographic area.

The agreement specifies how long the relationship lasts, what services the broker will provide, and how the broker will be compensated. Depending on the terms, the agreement may give the broker the exclusive right to represent you in the purchase of a property within the designated area during the agreement period—even if you find the property yourself or decide to work with another agent.

Compensation is established in the agreement and may be paid by the seller, the buyer, or a combination of the two, depending on what is negotiated in the transaction.

An EBBA can make sense when you and your broker have already established a relationship and you are comfortable committing to working together throughout your home search. It is a significant agreement, so the terms should be understood before you sign—not simply accepted because you want to see a house.

The Showing Agreement: A Simpler Place to Start

The Showing Agreement (SA-5) is a more limited agreement designed for a specific showing or defined group of properties. Rather than establishing an ongoing exclusive relationship for your entire home search, it can be limited to the property—or properties—you have agreed to tour.
For a buyer meeting an agent for the first time, this distinction can be important. You may want professional representation, but you may also want an opportunity to experience how that professional works before making a longer-term commitment.

A Showing Agreement can provide that opportunity. It can satisfy the MLS requirement for a written agreement before an agent conducts a showing, while limiting the scope of the relationship to the specific properties or outing identified in the agreement. You can ask for one.

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