Quick answer (TL;DR)
Before you join a Florida brokerage, get written answers on five things: how you are paid (split, cap, transaction fees, monthly fee or revenue share), every fee outside the split, who holds escrow deposits and how, where leads come from and what they cost, and what the independent contractor agreement says about leaving. Then ask about training, broker access, marketing rules and tools. A printable checklist is at the end of this guide.
The brokerage that holds your license decides how you get paid, who holds your clients’ money and what you can take with you when you leave. These are the questions to ask before you sign, with the Florida rules behind them.
Start with what you actually need
A newly licensed sales associate and a producing agent with a full database need different things from a broker. The first needs supervision, contract help and someone who answers on a Saturday. The second mostly needs a clean commission plan, fast compliance review and room to market. Before the first interview, pull three numbers from your own records: last year’s gross commission income, your closed sides and your average commission per side. Every money question below is easier to judge against your own figures than against the brokerage’s example.
Money: how the commission plan really works
Florida law routes every dollar through the broker. A sales associate may not collect a commission, deposit or other payment except in the employer’s name and with the employer’s express consent, and can only sue for a commission against the broker the associate was registered with when the work was done (section 475.42(1)(d), Florida Statutes). The commission plan in your agreement is the only way you get paid. Most plans use one or more of these models:
The brokerage keeps an agreed percentage of each commission and pays you the rest. Some plans improve the split as production rises. Ask what the split is measured on (gross commission, or commission after referral fees) and whether it resets.
You pay the split until the brokerage’s share reaches a set amount for the year, then you keep more or all of later commissions. Ask whether the year runs on the calendar or from your join date, and which fees continue after the cap.
There is no percentage split. The brokerage charges a fee on each closing instead, sometimes with an annual limit and often with a separate compliance fee. Ask whether fees run per transaction or per side, since both sides of one sale can mean two fees, and what applies to a small commission or a lease.
You pay a fixed amount every month whether or not you close, sometimes with small per-transaction charges on top. Ask how it is billed and what happens if a payment is missed.
Part of the brokerage’s income from agents you bring in is paid back to you, usually in tiers. Ask for the written plan, what earns a payment, whether payments continue after you leave, and whether the brokerage can change the plan on its own.
Whatever the model, ask the same follow-ups. How soon after the brokerage receives a commission are you paid? Are fees deducted at closing or billed to your card or bank account? How much written notice comes before a plan change, and does it take effect at once or at your anniversary? Then ask for the fee schedule itself, not a summary.
The fees that sit outside the split
Two plans with the same split can cost very different amounts once the smaller charges are added. Ask for every charge and what triggers it.
| Fee | What to ask |
|---|---|
| Desk or office fee | Is it charged monthly even if you never use the office? |
| Technology fee | Which tools does it cover? Are required tools billed on top? |
| Errors and omissions (E&O) insurance | Does a brokerage policy cover you? What is your share, who pays the deductible on a claim, and are deals that close after you leave covered? |
| Transaction or compliance fee | Per transaction or per side? Does it continue after a cap? Is any of it charged to your client? |
| Franchise or royalty fee | Is it a percentage of each commission, and is it capped? |
| Joining and exit fees | Is there a charge to join, to leave or to release your files? |
| MLS, Realtor association and lockbox dues | Billed to you directly or passed through the brokerage? Does the brokerage require a particular association or MLS? |
Ask who pays a fee, not just how much it is. Some brokerages pass an administrative fee to the buyer or seller at closing. If so, ask how it is disclosed to your clients.
Escrow: who holds deposits and how
How a brokerage handles deposits says a lot about how it handles everything else. A Florida broker must place money entrusted to it in escrow with a title company, bank, credit union or savings and loan association doing business in Florida, or in the broker’s own trust or escrow account at a Florida bank, credit union or savings and loan association. A sales associate must place any deposit with the registered employer (section 475.25(1)(k), Florida Statutes). Florida Real Estate Commission rules then add:
- A sales associate who receives a deposit must deliver it to the broker by the end of the next business day (Rule 61J2-14.009).
- The broker must place it in escrow “immediately,” defined as no later than the end of the third business day after receipt, not counting weekends and legal holidays (Rule 61J2-14.008(3)).
- When a title company or attorney holds the deposit, the contract must name that holder with address and phone. Within 10 business days after the deposit is due, the licensee’s broker must ask the holder in writing to verify receipt, then send the verification, or a notice that none came, to the seller’s broker within 10 business days of that request. The rule exempts certain holders nominated in writing by the seller or seller’s agent (Rule 61J2-14.008(2)(b)).
- A broker holding deposits must have a written statement made each month comparing trust liability with the reconciled bank balances, and must review, sign and date it (Rule 61J2-14.012(2)).
- An interest-bearing escrow account needs the written permission of all parties, including who receives the interest (Rule 61J2-14.014).
So ask: Does the brokerage keep its own escrow account, or do deposits go to title companies and attorneys? If you work remotely, how does a buyer’s check reach the broker by the next business day? Who sends verification requests and tracks the deadlines? If a deposit is disputed, who chooses among the statutory routes: an escrow disbursement order, arbitration, a court action, or mediation that must be completed within 90 days (section 475.25(1)(d)1.)?
A vague escrow answer is a warning. A broker who fails to review the brokerage’s trust accounting procedures can be disciplined for that alone (section 475.25(1)(v)). If the broker cannot explain where deposits go and who reconciles the account, ask how closely your files will be watched.
Leads: where they come from and what they cost
Ask where leads come from, how they are assigned, how fast you must respond, and what you owe when one closes. Many lead programs charge a separate lead fee on top of the normal plan, so get that fee in writing along with what counts as a brokerage lead. Ask what happens if a “new” lead is someone you already knew, and who keeps the client if you leave.
One Florida limit applies to every referral arrangement: a licensee may not share a commission with, or pay a referral fee to, anyone not licensed in Florida as a broker, broker associate or sales associate, though a Florida broker may pay a broker licensed in another state (section 475.25(1)(h)). If a lead model depends on paying unlicensed people for referrals, ask how it fits that rule.
Training, mentorship and access to the broker
Florida defines a sales associate as someone who works under the direction, control or management of another (section 475.01(1)(j)), and a broker can be disciplined for failing to direct, control or manage its associates (section 475.25(1)(u)). How that works day to day varies, so ask:
- Who answers contract questions, by what channel and how fast, including on a Friday evening with an offer deadline?
- Is every file reviewed, and when: before the contract is signed, before closing, or after?
- Is there training for new agents? Does a mentorship program take part of your commission, and for how many deals?
- How many agents does each broker supervise?
- Where are transaction files stored? Brokers must keep brokerage records for at least five years (section 475.5015), so ask how you will get copies of yours after you leave.
The independent contractor agreement: read the exit first
Florida allows the broker and sales associate relationship to be an independent contractor arrangement, but neither side is relieved of its duties under chapter 475 (section 475.01(2)). The agreement is where your rights live, and the sections about leaving matter most.
Commissions after you leave. You can only be paid through, and only sue, the broker you were registered with when you did the work (section 475.42(1)(d)). So the agreement should say whether you are paid on deals that close after you go, what comes off them, who services them until closing and how fast the money arrives.
Listings and clients. Ask what happens to your active listings and whether a seller can ask to move with you. Take the answer from the agreement, not the recruiting conversation.
Non-compete and non-solicit clauses. Florida courts enforce restrictive covenants that are reasonable in time, area and line of business, in a writing signed by the person bound, and supported by a legitimate business interest such as client relationships or confidential information (section 542.335). Against a former independent contractor, a post-term restraint not based on trade secrets is presumed reasonable in time at six months or less and unreasonable beyond two years. Separately, the CHOICE Act (sections 542.41 to 542.45, chapter 2025-213, Laws of Florida, effective July 1, 2025) covers employees and individual contractors whose salary exceeds twice the annual mean wage of the relevant county. Its definition of salary leaves out commissions, so whether it reaches a commission-paid agent is a question for your attorney. Ask whether the agreement restricts joining another brokerage, soliciting clients or recruiting agents, for how long and where.
Notice and license transfer. A sales associate’s license stops being in force on a change of employer, and the licensee must notify the Commission within 10 days on the Commission’s form (section 475.23). Ask how much notice the agreement requires, how fast your license is released and whether leaving costs anything. Also ask whether the brokerage can change the agreement on its own, and whether disputes go to arbitration, mediation or court.
Marketing support, brand rules and the tech stack
Every Florida real estate advertisement must include the licensed name of the brokerage firm, and online that name must sit next to, or directly above or below, the contact information (Rule 61J2-10.025). A team or group name may use “team” or “group” but not words such as “Realty,” “Real Estate,” “Properties,” “Brokerage” or “LLC,” and may not appear in larger print than the brokerage name (Rule 61J2-10.026). If you run a personal brand or a team, ask who approves your ads before they run.
Then ask what marketing the brokerage provides and who pays for it: photography, signs, print, paid ads, listing websites, portal syndication. For one example, here is how LPE Realty describes its listing marketing. On technology, ask which CRM, transaction and e-signature tools are included or required, and whether you can export your contacts and files when you leave. Your database is your business, so find out who controls it.
Culture and fit
Ask whether the brokerage is office-based or virtual, what meetings or production minimums it expects, and how disputes between its own agents are settled. Ask how many agents joined and left last year, and ask to speak with one who left.
Printable checklist: questions to ask a brokerage before joining
Print this page from your browser and bring it to each interview. Write the answers in the last column, and get every money and exit answer in writing.
| Area | Ask the brokerage | Their answer |
|---|---|---|
| Commission plan | Which model is it, and may I have the full written fee schedule? | |
| Commission plan | Per transaction or per side? When does the year or cap reset, and which fees continue after it? | |
| Payment | How soon am I paid? Are fees deducted at closing or billed to me? | |
| Changes | How much notice before my plan, fees or agreement change? | |
| Other fees | Desk, technology, franchise, joining or exit fees? Any fee charged to my clients? | |
| E&O and dues | Does an E&O policy cover me, and who pays the deductible? Which MLS and association must I join? | |
| Escrow | Own escrow account, or title companies and attorneys? How do I deliver a deposit by the next business day? | |
| Escrow | Who sends deposit verifications, handles disputes and signs the monthly reconciliation? | |
| Leads | Where do leads come from, how are they assigned, and what is the lead fee? | |
| Supervision | Who answers contract questions, how fast and after hours? When are files reviewed? | |
| Training | Is there training or mentorship, and does mentorship take part of my commission? | |
| Leaving | Am I paid on deals that close after I leave? What happens to my listings? | |
| Leaving | Is there a non-compete or non-solicit clause? How long and where? | |
| Leaving | How much notice? How fast is my license released? Any exit fee? | |
| Marketing and tech | What marketing is provided? Who approves my ads? Can I export my contacts and files? | |
| Culture | Office or virtual? Meetings or minimums? May I speak with an agent who left? |
How to compare the answers
Put each brokerage’s written fee schedule into one spreadsheet and run your own last year through it: same income, same number of sides, same mix of your own business and leads. Add every fee from the table above. Then read each agreement’s exit sections against what you heard in the interview. Where they differ, the agreement is what binds you.
Frequently Asked Questions
What questions should I ask a real estate brokerage before joining?
Ask how the commission plan works and every fee outside it, who holds escrow deposits, where leads come from and what they cost, who answers contract questions, and what the agreement says about pending deals, listings, non-compete clauses and notice when you leave. Get the money and exit answers in writing.
What should I look for in a real estate brokerage?
A commission plan you can model with your own numbers, a complete written fee schedule, clear escrow procedures, a reachable broker, marketing and tools that fit how you work, and exit terms you can live with.
What does 100% commission mean in real estate?
It usually means the brokerage takes no percentage split and charges other fees instead, such as a fee per transaction or per side, a compliance fee, an annual fee or a monthly fee. The total cost depends on those fees, so ask for the full schedule.
What is a cap in a real estate brokerage?
A cap is the most the brokerage collects from you through its split or a set fee in a year. Once you reach it, you keep more or all of later commissions until the year resets. Ask when the year starts and which fees continue after the cap.
What questions should a new agent ask a brokerage?
Focus on supervision and training: who answers questions and how fast, whether files are reviewed before contracts are signed, what training and mentorship exist and what mentorship costs, whether leads are offered and on what terms, and what you will pay before your first closing.
This guide is general information, not legal or tax advice. Statutes and rules are cited as published on flsenate.gov (2026 Florida Statutes) and flrules.org on October 20, 2026. Have a Florida attorney review any independent contractor agreement, especially its restrictive covenants, before you sign.
Related guides for agents: how a cloud-based brokerage works in Florida; how to choose a real estate brokerage in Florida; real estate commission plans compared; what a sponsoring broker is; sales associate vs broker associate vs broker; moving to Florida as a licensed agent.
Comparing Florida brokerages?
See how LPE Realty works for agents on our agents page, and read our model for how the brokerage is set up. Questions are welcome at info@lperealty.com.
LPE REALTY LLC, licensed Florida real estate brokerage