In a recent conversation hosted by the Bartos Group, industry leaders reflected on how the Market has shifted since last year and what buyers, sellers and agents should expect over the coming months. The discussion focused on three big themes: buyer representation and compensation, exclusive/private listings and national portals, and where the Market stands in Southwest Florida — including practical tips on new construction and agent selection. This article breaks down those topics, explains the implications for everyday consumers, and offers action steps for anyone thinking about buying or selling.

Overview: Why this moment matters for the Market

The conversation kicks off with a simple observation: a lot changed legally and behaviorally for real estate professionals and clients over the past year. That shift has reshaped how compensation is discussed, how buyers sign agreements, and how properties are marketed. While many of the procedural changes created an initial learning curve for agents, brokers and consumers, the net effect has been more transparency in the Market and clearer expectations for everyone involved.

Buyer Representation: The biggest change in the Market

One of the most significant shifts discussed was how buyer representation has been formalized. In Florida, for example, the role of transaction broker has long existed, but new expectations now require written agreements with buyers. Those agreements spell out the services a buyer will receive and the compensation they have agreed to — making buyer relationships more explicit.

Why does this matter in the Market? Buyers now sign buyer representation agreements that define the agent’s duties, from property searches to contract negotiation and closing coordination. The result is less ambiguity about what services are included and who pays for what. Buyers understand the value they receive, and agents can clearly communicate their fee structure.

“Buyers are in the driver’s seat when they put an offer in. When they write a contract for a home, they can ask the seller, ‘Hey, can you compensate my agent as part of the deal?’”

That simple notion — asking the seller to compensate the buyer’s agent as a contract term — has become routine in the Market where inventory is healthy. It’s not an automatic payment; it’s a negotiable item like inspections, repairs or closing dates. Agents are now expected to have candid, upfront conversations about compensation and value. If an agent avoids that conversation, consumers should consider whether they have found the right professional.

Key takeaways on buyer representation

• Buyer representation agreements define services and compensation.
• Compensation is negotiable and can be part of the offer contract.
• Transparency benefits the consumer: ask what you are getting and why it’s worth the fee.

Private Listings, the MLS and Zillow: Choice versus reach in the Market

Another hot topic is the rise of exclusive or private listings and the response of national portals. Some brokerages experimented with withholding certain listings from public syndication. That tactic led to pushback from large portals, with consequences such as removal or “banning” of restricted listings from those platforms.

The tension highlights a trade-off for sellers in the Market: maximum exposure (full MLS syndication to portals like Zillow) versus controlled, private sales. Sellers may choose private marketing for personal reasons — privacy during a life event, high-end listings that a seller wants to target quietly, or a phased approach to gauge interest among a broker’s sphere first.

Industry leaders argued for buyer and seller choice — that local MLS systems should create sensible options (delayed marketing windows, selective sharing) and let local markets decide what serves their consumers best. Ultimately, the recommendation is to present options to the seller and allow the seller to select the marketing strategy that aligns with their goals.

Where the Market stands in Southwest Florida: normalization, not collapse

The regional Market in Southwest Florida is described as “normalizing” after an exceptional 2022. Sales and activity are cooling from the extraordinary highs, but the Market remains healthier than pre-pandemic levels. That normalization looks like:

• More inventory than the all-time tight years, giving buyers options;
• Sales volume and pendings higher than 5–10 years ago;
• Price adjustments in many segments as sellers realign expectations;
• Continued strength in desirable submarkets, including some price increases (for instance, Marco Island showing strong median gains).

Several factors shape this Market: many sellers are equity-rich (four in ten homeowners have no mortgage), so asking prices can be higher than current buyer demand supports. Agents and sellers are making incremental price adjustments to bring listings in line with buyer expectations. At the same time, buyers are sensitive to interest rate uncertainty — and that sensitivity affects the timing of transactions across the Market.

Short-term outlook (next 6 months)

• Expect modest improvement from recent quarters — a “tick or two” higher activity compared to the last two quarters.
• Prices are unlikely to plunge; most forecasts point to single-digit, modest gains over the year.
• Hurricane season remains a wild card; severe weather can temporarily slow activity and affect seasonal gains.
• Sellers offering concessions (rate buydowns, closing credits) will be more common as a negotiating tool.

New Construction: opportunity in the Market — but bring representation

New construction can offer compelling deals right now, especially on inventory homes that are already built (“stood up”). Builders often provide incentives: favorable interest programs, concessions, or upgrade credits. For buyers considering new construction in this Market, the advice is clear: always bring independent representation.

“Buyers need separate representation when they walk through the doors of a new construction model. Someone that will be in my corner — fight for me, deal doctor, negotiate.”

Why? Model-home sales teams represent the builder, not the buyer. Independent agents protect buyers’ interests through a long process that can span months, from upgrades and inspection oversight to final walk-throughs and warranty coordination. That agent relationship matters in this Market because negotiations often involve complex incentives and timing considerations.

What agents and brokerages are doing to adapt in the Market

Large brokerages — like Premier Plus Realty, which manages thousands of agents — devoted effort to training and communications following legal and market changes. Rolling out new buyer agreement forms and counseling agents to lead transparent compensation conversations required ongoing education. In practice, the Market responded well: consumers experienced minimal friction because agents stepped up to clarify expectations and services.

Agent advice for consumers in this Market:

1. Ask for a buyer or listing presentation that clearly explains services and fees.
2. Choose an agent who will have candid compensation conversations and will put agreements in writing.
3. If considering exclusive/private listing options, discuss reach trade-offs and how that affects exposure in the Market.

Practical tips for buyers and sellers navigating the Market

• Buyers: sign a buyer representation agreement so your agent can advocate on your behalf, and always discuss compensation expectations before submitting an offer.
• Sellers: understand marketing options (MLS vs. private) and ask about the trade-offs in exposure — a private listing may limit reach on major portals.
• All parties: when considering new construction, insist on independent buyer representation to protect your interests over a longer build timeline.
• Stay informed: local Market data matters more than national headlines — talk to local agents about inventory, median prices and seasonal trends.

FAQ — Common questions about the Market right now

Q: Has the way agents get paid changed in the Market?

A: Yes. There’s greater emphasis on written buyer representation agreements and transparent discussions about compensation. Buyers can ask a seller to compensate their agent as part of a contract, but compensation remains negotiable and varies by transaction.

Q: Will private listings hurt a seller’s chance of a sale in the Market?

A: Private listings limit exposure on major portals and can reduce the pool of active buyers. However, for some sellers privacy or a curated rollout is worth the trade-off. Sellers should weigh the strategy versus full MLS syndication based on their goals.

Q: Is now a good time to buy in this Market?

A: For many buyers, yes — especially those who need to move or who can benefit from summer inventory and builder incentives. Interest rate sensitivity remains a factor, so consider rate buydowns or seller concessions as part of negotiation strategy.

Q: Should I use the builder’s on-site agent when buying new construction?

A: No. The builder’s on-site agent represents the builder. Buyers should bring independent representation to negotiate upgrades, protect contractual interests and coordinate a long-term build or inventory purchase.

Q: What should sellers ask of an agent in this Market?

A: Sellers should ask for a detailed marketing plan, discuss MLS syndication and portal exposure, and get clear expectations on pricing strategy and seller concessions. Choose an agent who explains both the benefits and limitations of different marketing approaches.

Conclusion: a Market of clearer rules and continued opportunity

The Market today is less about upheaval and more about clarity. Regulatory and platform changes created short-term noise, but the long-term effect has been more transparency and more empowerment for buyers and sellers. Southwest Florida exemplifies a Market that is normalizing after an intense run; buyers have choices, sellers remain well-positioned, and new construction offers attractive opportunities when approached with the right representation.

Consumers should choose agents who communicate openly about services and compensation, understand local Market dynamics, and advocate for their client’s goals. For agents, ongoing education and clear presentations remain the best ways to build trust and success in this evolving Market.

For more local guidance, market listings and agent resources, readers are encouraged to visit the Bartos Group website and reach out to local professionals who can provide tailored advice for their unique Market needs.