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Buyer guide
Are realtor rebates legal in Florida? Yes, with full disclosure
Florida allows a licensee to share brokerage compensation with a party to the transaction, such as the buyer, as long as it's fully disclosed to all interested parties. Here's what that means for you.
Reviewed by Bryan Berns, Florida real estate broker (License BK3659524), licensed since 2011 · Updated October 2026What Florida's rule says
Florida Administrative Code Rule 61J2-10.028(2) states that sharing brokerage compensation with a party to the transaction, with full disclosure to all interested parties, is not a violation of Florida's real estate license law.
In practice, that means your rebate must be disclosed in writing to the seller or builder, your lender and the closing agent. We handle the disclosures for you.
Who needs to know about your rebate
Your lender
Must approve the credit and may limit how much applies.
The title or closing agent
Shows the credit on your settlement statement.
The seller or builder
Receives disclosure that part of the commission is shared with you.
Rebates are legal in most, but not all, states
A small number of states restrict or ban buyer rebates. Florida is not one of them. If you're also buying elsewhere, check that state's rules.
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Are rebates legal? FAQ
Is a rebate the same as a kickback?
No. A rebate to the buyer, fully disclosed, is permitted in Florida. Undisclosed payments or referral fees to unlicensed third parties are different and can be prohibited.
Will my lender allow it?
Most lenders do, within the loan program's limits. Tell your lender at the start.
Do I pay taxes on a rebate?
The IRS has generally treated buyer rebates as a reduction of the purchase price, not income. Check with your tax advisor.
Are real estate rebates legal in every state?
No. Several states restrict or prohibit them. Florida allows a licensee to share compensation with a buyer when it's fully disclosed to all parties, including the lender.
Get a legal, fully disclosed rebate
Your 50% rebate, in writing, with every disclosure handled by a licensed Florida brokerage.
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