NAR Settlement Resources
NAR Settlement: What You Need to Know with Florida Realtors
Updated on November 5, 2024
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NAR Settlement: Forms, Resources, Webinars from Florida Realtors

The resources you need to do business in the post-NAR settlement real estate industry.

SETTLEMENT RESOURCES FROM NAR    FAQs: BUYER BROKER AGREEMENTS

Latest updates

Form updates

Florida Realtors® released new and updated forms to help Realtors as they incorporate the practice changes required for the proposed National Association of Realtors® settlement agreement following the Sitzer-Burnett verdict. The forms are located on Form Simplicity.

Updated forms:

  • Commission Agreement (CA-8): Updated with the required compensation disclosure language for NAR settlement compliance. Also, replaced the term “Prospect” with the term “Consumer” throughout the form to keep consistent with the Showing Agreement and Exclusive Buyer Brokerage Agreements. Click here to preview changes.
  • Vacant Land Listing Agreement (VLLA-5): Updated with the compensation section and added the compensation disclosure language for the NAR settlement compliance. Click here to preview changes.
  • Limited Service Listing Agreement (LSLA-4) Updated with the compensation section and added the compensation disclosure language for the NAR settlement compliance. Click here to preview changes.
  • Exclusive Right of Sale Listing Agreement - Commercial (ERS-9cp): Even though not required by the NAR settlement, the compensation section added the compensation disclosure language to remain consistent with all Florida Realtor listing agreements. Click here to preview changes.

New form:

  • Compensation/Concession Addendum Related to Buyer’s Broker (CARB-1): New form to allow the parties to agree to concessions or contingency that relates to the Buyer’s broker being compensated. This form can be used with the Contract for Residential Sale and Purchase (CRSP16xxx), Vacant Land Contract(VAC-14xxx) and the Commercial Contract (CC-5xx). Click here to preview.

NEW! 3-hour CE course offered - just $5.97

Florida Realtors® is now offering "Understanding Buyer Broker Agreements," a self-paced CE course (three hours), through the Florida Realtors Online Education Portal for just $5.97. Click here to launch our Education Portal (login required).

Forms, consumer guides available in Spanish

Florida Realtors® released six forms translated into Spanish to help Spanish-speaking buyers better understand the recent practice changes, providing Realtors® with additional resources to further build customer trust. Click here for more information.

New compensation riders for residential contracts

Florida Realtors has released residential contract riders for compensation and buyer credits (concessions). Both riders are now available for download in Form Simplicity.

  • Credit Related to Buyer’s Broker Compensation (CR-6 FF): This form may be used when a seller agrees to give a credit to the buyer in a transaction when the buyer has entered into a separate buyer’s brokerage agreement and elects to apply the credit towards buyer brokerage compensation. (Click here to preview)
  • Seller’s Agreement with Respect to Buyer’s Broker Compensation (CR-6 GG): This form may be used by the buyer to make the contract contingent on the seller or seller’s broker executing a separate compensation agreement with the buyer’s broker, with terms acceptable to the buyer. This form gives the buyer the ability to cancel the contract if no separate agreement is reached, or the terms of the separate agreement are unacceptable. (Click here to preview)

A free webinar discussing the new riders is scheduled for 2 p.m. Monday, September 16. Click here for more info and to register.

New and updated Florida Realtors® forms

All forms are available on Form Simplicity.

Sales contracts

Available August 16, 2024

The changes to these frequently used forms remove offers of compensation from the MLS listing.

Listing agreements

Released August 6, 2024

Released July 30, 2024

  • Exclusive Right of Sale Listing Agreement Consent to Transition to Transaction Broker (ERS-20tn). This is a listing agreement in which the seller grants the listing broker the sole right to list the property, establishes the broker is acting as a single agent for the seller, and includes the consent to transition to a transaction brokerage agency relationship. (Click here to preview) (Click here for redline version)
  • Exclusive Right of Sale Listing Agreement No Brokerage (ERS-17nr). This is a listing agreement in which the seller grants the listing broker the sole right to list the property and establishes the broker has a no-brokerage relationship with the seller. (Click here to preview) (Click here for redline version)
  • Exclusive Right of Sale Listing Agreement Transaction Broker (ERS-20tb). This is a listing agreement in which the seller grants the listing broker the sole right to list the property and establishes that the broker has a transaction broker agency relationship with the seller. (Click here to preview) (Click here for redline version)
  • Exclusive Right Of Sale Listing Agreement Single Agent (ERS-19sa). This is a listing agreement in which the seller grants the listing broker the sole right to list the property and establishes the broker is acting as a single agent for the seller. (Click here to preview) (Click here for redline version)
  • Exclusive Brokerage Listing Agreement (EBLA-12). This is a listing agreement in which the seller grants the listing broker the sole right to list the property, but reserves to the seller the right to sell the property herself/himself without owing compensation. (Click here to preview) (Click here for redline version)

Compensation forms

Released August 16, 2024

  • Compensation Agreement-Owner/Listing Broker to Tenant's Broker (CAOT-1):  This form may be used when an owner or listing broker wishes to engage in negotiations to compensate a Tenant’s broker. (Click here to preview)

Released August 6, 2024

  • Compensation Disclosure Statement (CDS-1 ). This disclosure should be given to the Buyer/Seller/Owner if the existing listing agreement or buyer agreement does not contain this disclosure. (Click here for preview)

Released June 21, 2024

Florida Realtors has released four new forms — two compensation agreements and modification forms, for each compensation agreement. These new forms aim to provide maximum flexibility to compensation arrangements in the transaction and are designed to allow the participants in a real estate transaction to memorialize compensation arrangements.

  • Compensation Agreement - Seller to Buyer's Broker (CASB-1). This new form is a compensation arrangement in which the seller agrees to compensate the buyer's broker for procuring a buyer for a listed property.
  • Compensation Agreement - Seller's Broker to Buyer's Broker (CABB-1). This agreement memorializes any agreement between the brokers. The seller's broker, also known as the listing broker, to compensate the buyer's broker for the listed property. This agreement is property specific, and the arrangement between the brokers should relate to the listed property, not serve as a blanket agreement between the brokerages.
  • Modification to Compensation Agreement - Seller to Buyer's Broker. This form allows the parties to make changes to any material terms of the underlying compensation agreement between the seller and the buyer's broker.
  • Modification to Compensation Agreement - Seller's Broker to Buyer's Broker.

Revised buyer broker forms

Released July 9, 2024

The Exclusive Buyer Brokerage Agreements have been revised and simplified to improve their usability and bring them into compliance with the National Association of Realtors settlement agreement.

Showing agreements

Released July 23, 2024

Property Pre-Touring Agreement (PPTA-1)

There has been high demand from members for a tool that is concise, but satisfies the elements of the settlement. This demand gave rise to the development of the Property Pre-Touring Agreement.

This form provides a way to provide the necessary disclosures of the settlement to a consumer prior to showing property. The form also provides fundamental information regarding broker compensation.

There is educational value in this form regarding compensation but the form does not contain many of the typical contractual provisions that address the rights and responsibilities of the parties, including how compensation disputes are addressed. The form is likely most effective when used at the start of the relationship between the parties and members may want to consider graduating to a more well-

defined agreement between the parties as the relationship between the broker and consumer unfolds.

Please take the time to ensure that you select the agreement that best meets the needs of your relationship with the customer. The Form Simplicity library offers many options ranging from the simple to the more well-defined.

Modification to Exclusive Buyer Broker Agreement/Showing Agreement (MEBBSA-1): This newly created form allows the consumer and broker to modify the material terms of the Exclusive Buyer Broker Agreement or the Showing Agreement. It is important that the parties state the date of the agreement that the parties seek to modify. There is no place for the parties to enter a property address because the original agreement may or may not be property-specific. If the parties would like to make the modification property-specific, they may do so by adding the property address to the other terms section of the modification form. All necessary disclosures to comply with the NAR settlement have been added to the modification form.

Revised Showing Agreement (SA-4). Click here to see redline, which shows changes required to bring this form in compliance with the terms of the NAR Settlement Agreement.

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