Since August 17, 2024, the honest answer is: nobody, unless somebody agrees to in writing. There is no default anymore, and that is the whole change. Todd, this thread is from spring 2023, and everything in it describes a system that has since been dismantled. So let me give you the current version, because the old rule of thumb will get you in trouble. What changed. Under the NAR settlement practice changes effective August 17, 2024, offers of compensation to a buyer's agent can no longer be published on the MLS. And any agent who works with a buyer has to have a written buyer representation agreement in place before touring a home, with the amount or rate of their compensation spelled out specifically. So the buyer's agent already has a number in hand, agreed with their own client, before they ever call you. What that means for you as a for sale by owner: - You are not obligated to pay a buyer's agent anything. Not before, not now. That was true even under the old system, but now it is explicit rather than buried. - If a buyer working with an agent wants your house, the compensation question comes to you as a term in their offer. It might be "seller pays 2.5 percent to buyer's broker." It might be the buyer paying their own agent out of pocket. It might be silent. You negotiate it like you negotiate price, closing costs, and the close date. - Because it is now a negotiated line rather than an advertised one, treat it as price. A buyer asking you to cover 2.5 percent is asking you for money. Whether you say yes depends on what else is in the offer. The practical question underneath yours is usually this: will agents show my house if I do not offer anything. Here is my straight answer. Most buyers in most markets are working with an agent, and that agent has already agreed with their buyer on how they get paid. If your listing is silent on compensation, you have not disqualified yourself, but you have added a conversation, and some of those buyers will simply look at the next house. That is not agents boycotting you, it is friction. You can decide the friction is worth the savings. Plenty of sellers do. Two things that actually make FSBO work, if you go that route: - Get on the MLS with a flat-fee listing service. Most of the traffic to your house is going to come through the MLS feed into the portals whether you like it or not. Paying a few hundred dollars for entry-only listing is the single highest-return decision in a FSBO. - Decide your compensation position in advance and write it into your listing remarks. Something plain like "seller will consider buyer broker compensation as a negotiated term." That keeps the door open without committing you to a number. And keep this in the back of your mind. Every dollar you save on the listing side you can lose several times over on price, on a botched disclosure, or on a contract term you did not understand. Virginia has its own disclosure regime and its own contract customs. If you go FSBO, spend some of the savings on a real estate attorney to review the contract. That is money well spent. I am a real estate professional, not an attorney, and I am not licensed in Virginia, so confirm the local specifics with a Virginia attorney or agent. My name is Zoltan Peresztegi and I work in Los Angeles, the South Bay and on the Palos Verdes Peninsula, so I am not pitching you for the listing. Good luck with it. Zoltan


