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Who pays the buyer’s agent after the NAR settlement?

In 2024, new industry rules changed how buyer's agents get paid. Sellers can still help pay the buyer's agent, but the offer works differently now. Here is what changed, what you decide as a seller, and how to think it through.

Key takeaways

  • Since August 2024, buyers working with an agent generally sign a written agreement that sets their agent's pay.
  • Offers to pay the buyer's agent are no longer posted on the MLS, but sellers can still make them.
  • Many buyers can't pay their agent out of pocket, so your choice can affect who makes an offer.
  • CapCenter's listing fee doesn't include any commission you choose to offer a buyer's agent.

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What changed in 2024

A national settlement involving the National Association of Realtors led to new rules that took effect in August 2024. Two changes matter most to sellers.

First, buyers who work with an agent generally sign a written agreement before touring homes. That agreement spells out what the agent will be paid and how. Second, offers of compensation to buyer's agents can no longer appear on MLS listings, the shared databases agents use to market homes.

What didn't change

Sellers are still allowed to pay some or all of the buyer's agent fee. Commissions have long been negotiable, and they still are. The difference is mainly in how and where the offer is shared. Instead of a number on the MLS, it may be discussed between agents, put in your listing terms off the MLS, or negotiated as part of an offer.

Your options as a seller

There is no single right answer. Common approaches include:

  • Decide up front to offer a set amount to the buyer's agent, and let your listing agent share it.
  • Wait and consider it case by case as offers come in.
  • Offer a seller concession the buyer can put toward their agent's fee or other costs.
  • Decline to offer anything and let buyers cover their own agent.

Why it still matters

Many buyers stretch to cover their down payment and closing costs. Paying an agent out of pocket on top of that can be hard. If buyers in your price range commonly expect help, offering it may bring in more interested buyers. If you don't offer it, some buyers may ask for it in their offer anyway, or adjust the price they offer.

Local customs differ, and what is typical can change. Your listing agent can tell you what buyers in your area and price range tend to expect.

How it shows up in an offer

A buyer's offer may ask you to pay part of their agent's fee, ask for a concession, or say nothing about it. Look at the full picture, not just the price. A higher offer that asks you to cover the buyer's agent may net you about the same as a lower one that doesn't. Your agent can lay offers side by side so you can compare what you'd actually keep.

How CapCenter handles it

Where we offer realty services, our standard listing fee is 1.5%, with a $3,000 minimum. Sell with us and buy, or finance, your next home with CapCenter within a year, and it's 1% (see Offer details). That fee covers your listing agent's services. It does not include any commission you choose to offer a buyer's agent. The amount offered to a buyer's agent is your decision. We typically recommend offering a competitive commission, and your agent can walk you through what that means locally.

Frequently asked questions

Do I have to pay the buyer's agent?

No. Paying the buyer's agent is a choice. Many sellers still offer something because it can widen the pool of buyers, but it's negotiable.

Is buyer agent pay included in CapCenter's listing fee?

No. Our listing fee covers your listing agent. Any commission you offer a buyer's agent is separate.

Can I still advertise that I'll pay the buyer's agent?

Not on the MLS. Your agent can share it in other ways allowed by local rules, or you can handle it in negotiations.

Can I change my mind after listing?

Often, yes. How you handle it depends on what you've already offered and any agreements in place. Talk with your agent before making changes.

What is a seller concession?

Money the seller agrees to credit the buyer at closing. A buyer may use it for closing costs or, in some cases, their agent's fee. Loan programs can limit how concessions are used.

Does this change how much I pay my own agent?

Not directly. Your listing agreement sets your agent's fee. The rules mainly changed how buyer's agent pay is offered and agreed.

For general information only. Not tax or legal advice. CapCenter realty services in VA, NC, MD & DC.

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