First, if you’re an agent reading this then call me, Chris Ryder, at 561.818.3858. You need a new Broker.
NOTE: As of March 2026 the 2 forms noted below have been combined onto a single form, CASSB-1. Thus, the current answer is neither. Use the CASSB-1 form.
Realtors, like other profesionals who do work for others, want to be paid. Before showing a prospect ANY property we get a Buyer’s Broker agreement signed by our customer. When making appointments for showings we ask the Listing Agent if the Seller is willing to compesate us. The answer is usually yes and 2.5% say. Great! We show the property to our customer and they want to make an offer. Super! But we want to get that offer of compensation formalized BEFORE sending over any offer. There is now a single form for this but it needs to be completed correctly. The CASSB-1.
The answer is: It depends on which box is checked off on the Listing Agreement. If box 10(a) is checked on the sale listing agreement (Or, 8(a) for rental listing agreements) then you should check the box for the “seller’s broker, and that Broker should execute this form. This is the scenario similar to the way it always was. The Seller is paying the listing agent say 5% and the listing agent is offering say 2.5% to cooperating agents. If a modification to this form CASB-1 is required then the agent should use the new combined form: MCSB-1.
Or, if box 10(b) is checked on the sale listing agreement (Or, 8(b) on the rental listing agreement) then you would check the box for THE SELLER to sign this new form. In this scenario the listing agreement states that the Seller will be compensating the Broker for the Buyer in the amount of say 2.5%. If a modification to this form CASB-1 is required then the agent should use form: MCSB-1.
REGARDLESS of which box is checked any offer of compensation is NOT agreed to, by either the Listing Agent or the Seller, unless and untill a signed CASB-1 or CABB-1 is signed.
Realtors should note the current Code of Ethics includes:
Standard of Practice 3-2
REALTORS® are prohibited from delaying or withholding delivery of a buyer’s/tenant’s offer while attempting to negotiate compensation. These ethical obligations in no way restrict the REALTORS®’ or clients’ ability to negotiate compensation in the clients’ best interest, including in offers to purchase or lease. (Adopted and effective June 5, 2025)
So, IF the listing agent does not immediately return the executed form back to you then use the form CR-7 as an addendum to the Contract (or CTL) being presented. This gives the BUYER (or Tenant) the option to withdraw, or at least renegotiate, so that they can avoid paying your fee. This form should be used for a specific purpose, to add a contingency to the Buyer and Seller’s sales contract when no compensation agreement has been entered into beforehand. Remember, no Florida Realtors form is required to be used but this on reads:
This Contract is contingent upon (check one) __ Seller’s Broker and Buyer’s Broker or __ Seller and Buyer’s Broker executing a compensation agreement with terms acceptable to Buyer (“Compensation Agreement”) within ____ days (if left blank, then three (3) days) after the Effective Date (“Time Period”). If the Compensation Agreement described herein is not executed and delivered within the Time Period, then Buyer may, within three (3) days thereafter deliver written notice to Seller, terminating this Contract in which event the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. If Buyer fails to timely deliver said written notice to Seller, this contingency shall have no further force or effect.
The Buyer may also wish to pay their agent BUT for the Seller to give thme a credit in this amount. To do this one would use the rider: “FF. CREDIT RELATED TO BUYER’S BROKER COMPENSATION.”