PATRICK'S QUICK ANSWER

The NAR settlement changed how buyer agent commissions are advertised and negotiated, but not the fundamental value of working with an agent. Sellers can still offer to pay the buyer's agent, and most still do to attract buyers. The deciding factors are your market, your budget, and how you structure the negotiation. Know the new rules and use them to your advantage. Ask Patrick about the NAR settlement.

The 2024 NAR settlement stopped the practice of advertising buyer agent commissions on the MLS. Now compensation is negotiated separately. Sellers can still pay the buyer's agent through the listing agreement, as a concession, or not at all. Buyers sign representation agreements spelling out their agent's compensation.

Here is the money question at the center of it: will offering buyer agent compensation still attract more buyers? For most sellers the answer is yes, and understanding how to negotiate it under the new rules is where the savings and the offers are won.

What Changed: No MLS Commission Offers, Separate Negotiation

Before the settlement, seller-paid buyer agent commissions were listed on the MLS as part of the listing. Now, buyer agent compensation cannot be advertised on the MLS. Sellers can still offer to pay the buyer's agent, but it must be negotiated outside the MLS, typically through the listing agreement or separate negotiation with the buyer.

What it means for your money: the commission number is no longer public for everyone to see, which gives sellers a little more leverage and a little more homework. The structure is now a negotiation, and knowing how to run it is where the savings show up.

What Did Not Change: Agents Still Work for Buyers and Sellers

The NAR settlement does not change the fundamental roles of real estate agents. Buyers still need representation, and buyer's agents still negotiate on their behalf. The settlement changes how commissions are communicated and negotiated, but it does not eliminate the buyer agent role or the value they provide to homebuyers.

The real-world play: the settlement changed the paperwork, not the people. Buyers still want an advocate, and sellers still benefit from a buyer who is represented, because represented buyers get to closing more smoothly.

How It Affects Sellers: More Negotiation, Potentially Lower Commissions

Sellers now have more flexibility in how they structure commissions. You may choose to offer buyer agent compensation directly (through the listing agreement or buyer agreement), negotiate it as a seller concession, or have the buyer pay their own agent. This could potentially lower your total commission costs, but it also adds complexity to the negotiation.

The consequence: flexibility cuts both ways. It can lower your cost, but if you skip the buyer agent compensation entirely, you may shrink the pool of buyers who can comfortably afford your home. The smart play is a strategy, not a default.

How It Affects Buyers: May Need to Pay Their Agent Directly

Buyers now sign a buyer representation agreement that specifies how their agent will be compensated. If the seller does not offer to pay the buyer's agent, the buyer may need to pay their agent directly. This could affect the buyer's ability to purchase or influence what they can offer on a home. Buyers should discuss this with their agent before making an offer.

What it means: a buyer who must pay their own agent has less cash for the down payment and closing costs, which changes what they can offer. For a seller, that is a reason to keep buyer agent compensation on the table, because it keeps the strongest buyers in the pool.

Strategies for Sellers

As a seller, you have several options. You can offer buyer agent compensation as part of your listing agreement (most common and attractive to buyers). You can offer it as a concession negotiated in the offer. You can choose not to offer it and have buyers pay their own agent (may reduce buyer interest). Discuss the best strategy with your agent based on your local market conditions.

Make it a great one: match the strategy to your market. In a competitive market you may skip it, in a normal market you offer it to keep demand strong. That is exactly the kind of read I give sellers, because the right structure protects your net.

Strategies for Buyers

Buyers should ask their agent upfront about how they will be compensated. If the seller does not offer buyer agent compensation, the buyer may need to pay it out of pocket or request it as a seller concession. Buyers should factor this cost into their budget and discuss options with their agent before making offers.

What it costs to skip the conversation: the buyer who asks early knows their real budget, and the buyer who assumes wrong gets surprised at the offer table. Plan for the agent fee the same way you plan the down payment, and the offer is honest.

Ask Patrick about the NAR settlement

Get a straight answer on the settlement, commissions, and how it changes selling.

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Patrick's Take

"The NAR settlement changes the conversation but not the fundamentals. Sellers can still offer buyer agent compensation and most will -- because it attracts more buyers. The key is having an agent who understands the new dynamics and can guide you through the negotiation."
PF
Patrick Kevin Fagan

Selling Under the New Rules?

Patrick can help you structure commissions and negotiate under the NAR settlement rules.

Answered by Patrick Kevin Fagan

Texas Real Estate Sales Agent #454749, AXEN Realty LLC · Senior Loan Officer, NMLS ID #877741, NEXA Mortgage, LLC

Call or text: 210-317-6514