If you are selling your own home, the biggest question is often what to do about the buyer’s agent. The rules changed in 2024, and a lot of older advice online is out of date. This post sticks to what the published sources say.
What changed
The National Association of REALTORS® (NAR) entered a settlement agreement in 2024. Two practice changes matter most to sellers, as summarized by the North Carolina Real Estate Commission in its October 2024 bulletin:
- Offers of compensation to buyer agents are prohibited on a Multiple Listing Service (MLS).
- MLS participants who work with buyers must sign a written agreement with those buyers before touring a home.
These practice changes took effect on August 17, 2024, according to the North Carolina Real Estate Commission and other published summaries.
What did not change
Compensation offers did not disappear. The same bulletin says they are “prohibited from being offered in the MLS, but they may still be offered by either the listing firm/broker or the seller.”
That matters for you. As a seller, you can still choose to offer a buyer agent a fee. You can also decline, or decide case by case once an offer arrives. Nothing in the settlement requires you to pay a buyer’s agent.
What buyers now hear from their agents
Under the written-agreement rule, a buyer’s agent has to spell out their fee with the buyer up front. The North Carolina bulletin describes the typical conversation. If a home carries an offer of compensation smaller than the agent’s fee, the buyer is responsible for the difference. If no compensation is offered, the buyer owes the full fee.
So a buyer’s agent has a reason to ask early whether you will contribute. Expect the question.
Your realistic options as an owner-seller
- Offer a stated amount. You decide the figure or percentage, and you put it in writing outside the MLS.
- Offer nothing up front. You can wait and see the offer. The bulletin notes that a seller can delay agreeing to compensation or decide case by case.
- Handle it through the offer. A buyer can ask for seller concessions. The bulletin points out the buyer can spend those concessions however they choose, with no guarantee they go to the agent.
Whichever you pick, get it in writing, and have a real estate attorney review the wording. Rules vary by state. The NC bulletin is also explicit that the settlement is a civil agreement between private parties and does not override state license law. Not every licensee is a NAR member.
Why it matters to your bottom line
Commission is one of the largest line items in a sale. Use our commission savings calculator to test different scenarios with your own numbers, and the net proceeds calculator to see what you would take home.
Read more in our guide to buyer-agent compensation.
Sources
- North Carolina Real Estate Commission, “Has the World Exploded? The NAR Settlement, Commission Law and Rules,” October 2024 eBulletin: https://bulletins.ncrec.gov/has-the-world-exploded-the-nar-settlement-commission-law-and-rules/
- National Association of REALTORS®, “What the NAR Settlement Means for Home Buyers and Sellers”: https://www.nar.realtor/the-facts/what-the-nar-settlement-means-for-home-buyers-and-sellers
This is general education, not legal advice. Rules differ by state and can change. Check with a licensed attorney or your state’s real estate commission before you sign anything.