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How does the NAR settlement actually affect me as a seller?

I keep hearing about this lawsuit and commissions changing. Does this mean I don't have to pay the buyer’s agent anymore? How do I bring this up with my realtor without it being awkward?
Asked By Mark N | Duluth, MN | 19 views | Selling | Updated 1 day ago
Answers (7)
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Rising Star
11 Answers
Timothy Riordan

Keller Williams Realty WNY

(36)

You aren't required to, but it’s often still in your best interest. Since the 2024 settlement, listing agents can no longer advertise a set buyer-agent commission on the MLS. Don't worry about it being awkward! Honestly, it’s our job to talk about the numbers. Just ask: "How are we handling the buyer’s agent compensation in this market, and what’s the strategy to keep my net proceeds high?"
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Novice
9 Answers
Katie K Portenga

Portenga Properties at Coldwell Banker Global Luxury

(71)

Compensation has always been negotiable. I would not feel awkward discussing it with your real estate agent. It is a valid question. I would like to note, however, that buyers agents do not work for free typically and ever since the NAR case, I still have seen all my sellers pay buyer agent compensation to attract more Showings. Also, I have represented buyers and not had any seller compensate me to date. I have done about 48 deals since the NAR suit. I have always been paid by the seller for both buyer and listing compensation. It is easier for a buyer to compensate their buyer agents by having the seller pay as most buyers do not have the money out of pocket to pay for their buyer agents.

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Novice
8 Answers
Phong Tran

Real Broker

(4)

You are probably hearing about changes tied to the NARn commission lawsuit settlement it does not mean buyer’s agents are free it just means commissions are more negotiable and not automatically offered the same way. You may still pay your agent directly ask the seller to cover it or negotiate a mix. The easiest way to bring it up is just be direct and ask your agent how they are handling compensation now and what your options look like any good agent will expect that question and will not find it awkward.
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Novice
7 Answers
Kristine Livadas

Compass

(30)

The recent settlement regarding commissions has definitely sparked a lot of questions, so I’m glad you asked. To clarify, you aren't "required" to pay a buyer’s agent commission, as these fees have always been negotiable. However, since the new rules prohibit us from listing a set commission on the MLS, it’s now a key part of our marketing strategy. In our local market, most sellers are still offering a professional fee or a "concession" to the buyer's side to ensure their home remains competitive. If a buyer has to pay their agent entirely out of pocket, they may lower their offer price or potentially overlook the listing. Don't be timid to bring it up to the agent; we get this all the time!
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Novice
4 Answers
Jillian Hogan

Corcoran McEnearney

(21)

First and foremost, this is not awkward. We are very comfortable with this conversation and I think it is one worth asking. To answer your question, there is no longer an obligation or expectations that a seller pay a buyer broker compensation. A seller still has the right to offer it, if they would like to use that as part of their marketing efforts. Where it is marketed, has changed. The buyer will submit an offer with or without the request for the compensation coverage and you and your agent will decide on how to respond to that line item, just as you will discuss the remaining line items on the contract. Hope that helps!
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Novice
1 Answer
ELLEN MONARQUE

COLDWELL BANKER

(28)

You can still choose to offer compensation to a buyer’s agent,it can help attract more buyers.

In some cases, buyers may now be responsible for paying their own agent directly.

Everything is negotiable and should be clearly outlined in your listing agreement.

As for bringing it up with your realtor, don’t worry, it’s not awkward at all. This is a very normal conversation right now. A simple way to approach it:

“Hey, I’ve been hearing a lot about the commission changes, can you walk me through how that works if I list my home?”

A good agent will welcome the question and explain your options clearly so you can make the best decision for your situation.

At the end of the day, the goal is the same: get your home sold for the best price and terms possible and your agent should guide you on what strategy will help you do that.

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Novice
1 Answer
Tracy Boyd

Dalton Wade Real Estate Group

That us what the ruling states that it is not mandatory for you to pay buyers side commission , I still try to help my buyers and sellers look at it as a negotiating tool . Often times buyers can not come up with the commission cost on top of other cost of buying a home , so it is best to keep an open mind and let your agent help explain the different ways it can carry out . Most of all if you have a good buyer in had that loves your home it is best for everyone to get them to the closing toble .

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