The settlement only addresses the elements required in written buyer agreements.  Florida REALTORS is in the process of amending their form options. Please check with your broker or office manager on office practices and requirements.  

Currently, Stellar MLS will not be collecting agreements, but if it is reported to Stellar MLS that an agent is showing properties without a written agreement, we will investigate and require the agent to provide a copy of the agreement within one business day.

If the BBA complies with the requirements, no action will be taken. However, if the form is not complete or out of compliance with requirements , an automatic Level III fine will be assessed in accordance with the Stellar MLS Rules and Regulations.  

There is no BBA required in advance of sending auto emails to potential buyers.  Once it’s time to show/tour a property, the BBA requirement is triggered. The requirement is to enter into a written agreement, prior to showing properties. In general, “touring” a home means that the buyer and agent enter a house for a live or virtual tour.    

Touring a home means when the buyer and the broker, or an agent, at the direction of their broker, enter the house. This includes when the broker or other agent, at the direction of their broker, enters the home to provide a live, virtual tour to a buyer not physically present. See NAR’s FAQ on what constitutes “Touring” : 

Stellar will remain in compliance with the requirement for a buyer broker agreement prior to touring a property (in person or virtual) by requesting copies of BBAs when necessary, verifying that the form is properly completed and in compliance with the required components. Failure to submit the form upon request or improper form/completion will result in an automatic Level III Severe Penalty.

Beginning on August 6th, brokers will need to have a process in place with their agents for the completion of a BBA before an agent tours/shows a property to a potential buyer. FR forms have been released; brokers may choose to use their own internal forms though the forms must be compliant with the requirements.  See our FAQ for the components required. 

The key components (for MLS purposes) of a BBA are as follows: 1. specific and conspicuous disclosure of the amount or rate of compensation the broker will receive; 2. the amount of compensation noted in a manner that is objectively ascertainable and is not open-ended; 3. provision that prohibits the broker from receiving compensation from any source that exceeds the amount/rate agreed to wth the buyer; and 4. a conspicuous statement that broker fees/commissions are not set by law and are fully negotiable. 

For each buyer you are showing property to, a BBA will be required. Example: one buyer, multiple properties, same day, or over multiple days=one agreement; Example #2: showing the same or different property to multiple buyers, a BBA for each buyer.

There is no MLS requirement that you show a copy of a BBA to the listing agent/office before showing; best practice and MLS requirements would dictate that you have one before showing. 

A BBA is a contract between the buyer's broker and the buyer, and it would be inappropriate to request a copy. However, you could certainly ask for verification that the agent has a signed BBA prior to showing. 

If you are working with a buyer and touring/showing properties in person or virtually, a written BBA is required before entering an open house. 

If an agent is hosting an open house for a listing that is not their own, that agent is working on behalf of the seller and no BBA would be required to show to an unrepresented buyer. 

If there is a possiblity of more compensation that is in a BBA, the buyer's agent would need to discuss with the buyer and ask for an amendment to the BBA in order for a higher amount to be received. 

Any changes to the BBA would be handled through an amendment to the BBA with the buyer. 

Yes, you can amend a BBA with the buyer's approval.

This would be between the buyer and the buyer's broker. It could be amended, or the buyer could choose to pay the difference. 

The buyer's broker cannot receive more compensation than is agreed to in the BBA. The BBA could be amended to authorize a bonus at the discretion of the buyer. 

No, the amount of compensation that the buyer agrees to be must be specific. Open-ended options are not specific, so no ranges, not general comments that notes "up to",  or automatic changes if the seller offers more.  The amount must be definitive and any changes will have to be made through an amendment if the buyer agrees.

Showing a property as the listing agent/office to an unrepresented buyer would NOT require the BBA. An agreement is not required because the broker/agent is performing work for the seller and not the buyer. Use of the BBA is required before a buyer's agent/brokerage shows a property. See NAR FAQ #60-62: https://www.nar.realtor/the-facts/nar-settlement-faqs 

Stellar MLS requires some form of a BBA and there are several options provided by Florida Realtors that are all compliant with the required inclusions for MLS purposes. 

If you are the agent hosting the open house, a BBA is not required to show an unrepresented buyer the property, as you are representing the seller at that point. Should the relationship evolve further and you show that buyer more properties listed in the MLS, then a BBA would be required.

Stellar MLS does not require use of a specific form, only that the form used contains the required elements of the settlement.  Brokers may develop their own forms, and the Florida REALTORS Exclusive Buyer Broker Agreements (EBBAs), Showing Agreement, and Pre-Touring agreement, all meet the requirements. 

If the showing is open to a wide audience, such as a Facebook Live or a video posted to social media that has a wide audience, no BBA would be needed. If you provide a generic virtual tour link from the listing agent, that would not trigger the requirement either. However, if you physically enter a home to deliver a “LIVE” virtual tour for a specific buyer, then yes, a written agreement would be needed.

If the form is compliant and the content (MLS requirements) is incomplete, unsigned, or is incorrectly completed, the penalty would go to the agent. 

This is a question for your broker or the FR Legal Hotline

There are multiple options for a BBA (provided by FR) including one for only specific properties. If you do show a property that is listed in the MLS without a BBA, you will be in violation of the MLS rules and subject to a fine.

No. A BBA is only required prior to showing residential properties of one-four units. (rentals are also exempt)

Conspicuous simply means that it needs to be prominent and easily identified, not buried -- for transparency to the buyer.  When completing the amount of compensation, it needs to be specific as in your example. 

This is a question for the FR Legal Hotline or your broker.

Absolutely, the intent of the BBA is to clarify what the buyer's broker will be paid if the property is purchased. 

Regardless of the source of a lead, you will need a signed BBA before showing a residential listing that is in the MLS. 

It depends.  If working solely on behalf of the seller, a written agreement with the buyer would not be required.  However, if at any point you begin providing services to the buyer, then an agreement would be required prior to touring residential property. Please verify with your broker or the FR Legal Hotline. 

Per NAR, "MLS Participants may augment MLS data or data feeds with offers of compensation to buyer brokers or other buyer representatives for only listings from their own brokerage.” See NAR’s FAQs on what can and cannot be done with IDX feeds:

A broker or an agent with broker approval may display the compensation on the brokerage’s website as it relates to that brokerage’s listings in an IDX feed. As of August 6, 2024, though brokers can work with their IDX vendors to add compensation to their company’s listings. 

The new rules prohibit using MLS data or data feeds to directly or indirectly establish or maintain a platform of offers of compensation from multiple brokers to buyer brokers or other buyer representatives are prohibited. Misuse of the MLS content in this way could result in the termination of a brokerage/office’s participation in the MLS. See NAR FAQ for more details:

August 6, 2024.

We will begin terminating data feeds on August 6, 2024, for non-compliance, with no exceptions.  

Yes! Failure to adhere will result in the feed being terminated. 

The settlement does not prohibit brokers from offering compensation on their own listings or website. 

MLS Participants may augment MLS data or data feeds with offers of compensation to buyer brokers or other buyer representatives for only the brokers listings of the brokers own website. 

MLS data cannot be used to maintain a platform with offers of compensation from multiple brokers (and will result in termination of MLS feed). 

Yes! Stellar may audit the site and/or request additional proof at any time. Failure to comply will result in the feed being terminated. 

Email vendors@stellarmls.com. 

All broker and agent IDX websites will be held to the same requirements. Broker may choose to display compensation on their company's listings but cannot show compensation from other brokerages on their IDX website. 

Yes, you can show compensation to the buyer's broker on your company listings.

A broker may have a separate page on the company/agent websites that refers to compensation to buyer brokers, even if they also have an IDX website.  Be aware that including such a link anywhere in the MLS would be a violation of the Rules and Regulations. On the IDX portion of the site, the broker may only display compensation on the company listings - not for other brokerages.

Brokers and agents will need to work with their web developer or IDX vendor to add a separate field for completion, manually or automatically, to your company's listings only.  

Compensation fields for all property classes will be removed from the MLS; it is the responsibility of the broker/agent to remove any references to compensation any open text field in Matrix, including but not limited to the public and Realtor remarks.

The settlement only prohibits offers on the MLS or on platforms that aggregate offers from multiple brokers using MLS data. It does not prohibit conversations and negotiations outside of the MLS or include requests for compensation and/or concessions in an offer to purchase. 

The MLS can no longer have any compensation-related information in the system. There are no workarounds that will not violate the MLS Rules and Regulations!  

There can be no direct or indirect reference of compensation to the buyer's brokerage of ANY kind anywhere in the MLS, including but not limited to public remarks, Realtor remarks, open text fields, showing instructions via ShowingTime, photos, attachments, etc.  Violation of this rule will result in an automatic, Level III Severe Penalty (first offense is $500). Note: there will be no grace period for this violation and enforcement will begin on August 6, 2024.

Links that lead to compensation information may NOT be added to the MLS under any circumstances. The MLS cannot be used in any way to communicate compensation to the buyer's broker. 

There can be no direct or indirect reference of compensation to the buyer's broker.

No. Compensation to the buyer's broker cannot be noted anywhere in the MLS.

No - ShowingTime is an MLS product, using MLS data, and offers of compensation cannot be made in the product. 

There can be no reference to compensation in the MLS, including links to another website or attachments to the listing itself.

This would need to be negotiated through the sales contract. 

No.  All listings will have the compensation fields removed when the changes take place.

If a website or 3rd party platform is developed that does not use MLS data in any way, it would not be in violation of MLS Rules/Regulations. Brokers may want to consider any potential liability and confer with the FR Legal Hotline to learn of any risks prior to participating, however. 

The settlement does not prohibit offers of compensation outside of the MLS. However, if MLS content is used to create the flyer, there would be a violation.  (example, exporting MLS data into a 3rd party flyer system, using a report from Matrix, etc.)

Yes, commission negotiations must be outside of the MLS entirely and are expected to be negotiated with the purchase contract. Regarding forms themselves, Stellar MLS does not maintain contracts or forms.  See Florida’s REALTORS website for an update on the new and modified forms they are releasing. Always confer with your broker on the company’s preferred forms to use.

No, Stellar MLS will remove the fields.  You will need to ensure your active, pending, or temporarily off market listings remove mention of compensation.

Absolutely. A phone call, email, text, etc. to the listing agent to inquire about compensation is fine.

All references to compensation, including Variable Rate Commission will be removed from the MLS. However, negotiating a VRC with your sellers is still permissible - it just won't be disclosed in the MLS.

Compensation fields will no longer be visible after August 6th.  In addition, brokers and agents must review all of their active, pending and TOM listings and review any mention of compensation in text fields such as Realtor Remarks, Private remarks, ShowingTime instructions and any other text field. This will be strictly enforced beginning August 6th with an automatic Level III penalty (first offense $500) levied.  There is no grace period for this violation – please be vigilant in updating your listings. For more details, see NAR’s FAQ on this: 

Stellar MLS will remove all compensation fields from the MLS system on August 6, 2024, and the prior data in those fields will be unavailable.  It is important to note, that removing any existing references to compensation in the public or private remarks will be the responsibility of the listing office/agent.  Failure to remove comments or to include any reference to compensation anywhere in the MLS system or associated offerings, will result in an immediate Level III penalty, per Stellar’s Rules and Regulations.NAR’s FAQ on this:

The MLS cannot be used to communicate anything about offers of compensation or commissions, including general statements, subtle hints, creative references, or links to websites showing compensation, etc. 

Compensation fields will no longer be visible in Stellar MLS after August 6, 2024   on any listing, regardless of status or property class. 

The MLS cannot be used to communicate anything about offers of compensation or commissions.

Offers of compensation cannot be communicated through the MLS, but that does not mean that the seller cannot offer to compensate the buyer’s broker – that would be a part of your negotiations when finalizing an offer contract. 

Florida REALTORS has created and is in the process of modifying several forms.  See here for details:

The MLS cannot be used to communicate offers of compensation in any way or form. 

Stellar MLS will remove compensation fields. Listing agents/brokers must ensure there are not offers of compensation in any remarks fields, open text fields, photos, attachments, or related MLS products as of August 6, 2024. 

We will remove the data fields related to compensation, however if you have active, pending or TOM listings with references to compensation in the remarks, in another open text field, in a link, photo or attachment, removing those items is up to the agent/broker. 

The MLS, or any platform offered by the MLS, cannot be used to communicate anything about offers of compensation in any way.   

Listings already legally under contract on August 6th would be bound by the negotiated terms accepted. For further clarification, contact your legal counsel or Florida Realtors legal hotline. It’s important to note that those working with a buyer after the effective date of August 6, 2024, should take steps to ensure that the buyer has agreed to the necessary terms required by the settlement agreement through signature on a Buyer Broker Agreement, noting the compensation agreed to between the buyer and the buyer’s broker. See NAR’s FAQ on this:  

That is a good question and one that each broker should consider carefully.  The NAR FAQ's note that the practice is acceptable, though that is not a guarantee that your listings may be scrutinized by outside sources. 

Showing compensation on a broker (or agent) website is a careful consideration to be decided by the broker.  There is no guarantee that the data will not be scraped and misused.  If a broker finds that his/her office listing data has been compromised and is being used for such a purpose unknowingly, please report it to Stellar MLS immediately, including the website you found your data on.  We can work together to have your content removed from that site. 

This is absolutely forbidden -- any use of the MLS content by a broker, an agent or a 3rd party with access to the MLS content to create or contribute to a platform for sharing compensation is a major violation of the Rules and Regulations and may result in termination of a broker's access to the MLS (including his/her affiliated agents).

There is no change to what builders may offer as compensation to buyer's brokers -- the only change is that the amount cannot be mentioned/included in the MLS (if the builder listing is in the MLS).  Compensation must be negotiated outside of the MLS. 

If the builder's new construction listing is in the MLS, no mention or reference to compensation or bonuses is allowed to be communicated through the MLS.

The requirement for a BBA only applies if the property is listed in the MLS.  If a new construction home is listed in the MLS, you would need a BBA before showing the property. 

Cooperation is the obligation to share information on listed properties and to make properties available to other brokers for showing to prospective purchasers and tenants when it is in the best interest of their client(s).  Look for NAR FAQ to reference. 

MLS data is any data that you receive through an IDX feed, a Broker Back Office feed, export from the MLS, use through Matrix -- if the MLS is the source of the data, then it is "MLS Data". 

No, the compensation fields will be removed by Stellar and will no longer display on August 6th.  Brokers need to review their active, pending, and Temporarily Off Market (TOM) listings to be sure that all references to compensation are removed from remarks and other open text fields by August 6th to be in compliance with the new requirements.

If a broker is a Participant in Stellar MLS, they are bound by the same Rules and Regulations as our Realtor Participants.  If a broker is not affiliated with a Realtor-Owned MLS (such as Stellar), these requirements do not apply.

You can mention compensation anywhere outside of the MLS as long as it relates only to your listings only - be careful not to violate the rules by using MLS information to create some type of a platform for sharing compensation amongst brokerages. 

If the sales contract is executed before the MLS policy change, the buyer broker should be able to rely upon the offer of compensation even if closing occurs after the date of the policy change. See Q/A 36  https://www.nar.realtor/the-facts/nar-settlement-faqs  

Yes, compensation can be advertised outside of the MLS.

There is nothing in the MLS Rules that do not allow you to post your listings on other websites once it is in the MLS.  That said, please consider this carefully as the other site(s) you post to may come under scrutiny in the future and put you at risk.  

A BBA is only required for residential properties of one-four units. 

The value of the MLS extends far beyond offers of compensation. The MLS’s true value is in serving as a comprehensive source of verified listing data.  The MLS also provides a variety of services to tools to all subscribers, and we will continue to innovate and enhance offerings. 

The only limitation on sharing compensation to a buyer's broker is inside of the MLS. However, be certain not to feed MLS data to any 3rd party for an advertisement that includes compensation. If no data directly from the MLS is used, you're good to go.

This question is best answered by your broker or the FR Legal Hotline.

This question is best answered by your broker or the FR Legal Hotline.

Compensation will be removed from ALL property classes in Matrix, including rentals. Just as in residential, negotiations for compensation will need to be outside of the MLS. Requirements for BBA’s are limited to buyers of residential properties of four units or less.   

The Department of Justice is continuing to intervene in real estate practices – so future changes are possible. It is also important to note that the various class-action lawsuits are not from the DOJ, but instead from sellers, buyers, or other 3rd parties.

 Stellar MLS is prepared to guide you through any upcoming changes, we are committed to providing you the most accurate and reliable information as it becomes available!

Violations of rules pertaining to the new mandatory MLS Rules are all classified as “severe", and the first offense carries a $500 fine.  The second offense is $2,500, and the third offense a mandatory hearing fine up to $15,000. There will be a 60-day grace period for fines on written agreements, but for mentions of compensation in the MLS, fines will take effect immediately. 

Compensation will be removed from all property classes in Matrix. Negotiations for compensation must be done outside of the MLS.

BBA's are only required for showing properties listed in the MLS. If you are attending an open house or showing an auction property that is NOT listed in the MLS, no BBA is required. 

There is no change in practice in this case - noting that when you are hosting an open house, you are working for the seller and not your brokerage. 

This is a question for your broker or the FR Legal Hotline

Use of social media to show a property to an open audience would not be considered touring and a BBA would not be required at that point.  If someone from your audience asks to see the property, then a BBA would be required.

This is a question for your broker or the FR Legal Hotline

Any comments regarding compensation in ANY field, including in Showing notifications that originate from the MLS is a violation of the rules and regulations

This is a question best answered by your broker or the FR legal hotline.

While this would be clearly outside of the MLS, please check with your broker or the FR Legal Hotline