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Who Pays the Buyer's Agent Commission After the NAR Settlement?

In 2024, the rules around buyer's agent commissions changed nationwide. Sellers are no longer permitted to advertise buyer's agent compensation inside the MLS. Here's what that actually means if you're selling with a flat fee listing.

What Changed in 2024

What This Means for You as a Seller

You decide whether to offer a buyer's agent commission at all — it's entirely up to you, and it's never required. Some sellers offer a competitive commission to attract more buyer's agents to their listing; others prefer not to and let buyers negotiate their own agent's pay directly. Either way, that decision and any resulting offer has to stay outside the MLS itself; you can't state it, and you can't state that you're not offering one either, inside MLS remarks.

With a FlatFeeMLS listing, you keep full control either way — you're never charged a listing agent commission, and any buyer's agent compensation you choose to offer is negotiated by you directly, not deducted automatically from your proceeds.

Frequently Asked Questions

Do I have to pay a buyer's agent?

No. You're never obligated to offer compensation to a buyer's agent. Many buyers still work with agents, and offering competitive compensation can attract more interest, but the choice is yours.

Can I mention commission in my MLS listing remarks?

No. MLS rules prohibit stating a buyer's agent commission offer, or the absence of one, anywhere in the MLS, including public and private remarks.

Can a buyer's agent be paid directly by the buyer instead?

Yes. The buyer and their agent agree in writing on how the agent is compensated, whether that's paid by the buyer directly, negotiated as a seller concession, or something else.

Does this change what FlatFeeMLS charges me?

No. Your $99 flat fee covers your MLS listing regardless of how you handle buyer's agent compensation.

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