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| 03-16-2026| 145 views|Selling|Updated 1 month ago
You do not have to pay the buy-side commission any longer but if you do not have a buy-side offering, you are going to have significantly less traction in terms of offers on your property as most buyers are not looking to pay the compensation to their agent.
It changes how things are set up, not whether you pay or not.
Before, it was almost automatic that sellers offered a set commission to the buyer’s agent through the MLS. Now, that’s not required the same way. Compensation is more flexible and negotiated.
So no, you don’t have to offer a buyer’s agent fee upfront. But here’s the reality.
If you don’t offer anything, some buyers may need to pay their own agent out of pocket, and that can reduce your buyer pool.
Most sellers still end up offering something, or it gets negotiated into the deal through credits or price.
How to bring it up with your agent is simple.
“Walk me through how buyer agent compensation works now and how it affects my net.”
That keeps it professional and focused on strategy, not confrontation.
Simple takeaway.
You have more control now, but you still need a plan to attract buyers.
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.
📌 How the NAR Settlement Actually Affects You as a Seller
The NAR settlement didn’t eliminate buyer‑agent commissions — it changed how they’re negotiated and disclosed. You can choose not to pay a buyer’s agent, but you need to understand the trade‑offs so you don’t accidentally shrink your buyer pool or hurt your net.
🏡 What’s Changed for Sellers (Post‑Settlement)
1️⃣ You can no longer advertise buyer‑agent compensation on the MLS.
This is the biggest shift. Compensation can still be offered — it just has to be communicated off‑MLS (email, brokerage site, private remarks).
2️⃣ You are not required to pay the buyer’s agent.
This is now a true negotiation point, not an automatic expectation. Many sellers still choose to offer something because it increases exposure and reduces friction for buyers.
3️⃣ Buyers must sign written agreements with their agents before touring homes.
Those agreements spell out exactly what the buyer owes their agent — and whether they’re hoping the seller will cover it.
4️⃣ Commission is now a transparent, upfront conversation — not a baked‑in assumption.
Buyers, sellers, and agents all negotiate openly instead of relying on MLS defaults.
💡 So… Do You Still Have to Pay the Buyer’s Agent?
No — but strategically, you might want to.
Here’s the reality from hundreds of listings:
- Offering compensation can attract more buyers, especially first‑timers or VA buyers who can’t pay their agent directly.
- Not offering compensation may limit your buyer pool or lead to buyers asking for concessions anyway.
- You can offer a flat fee, percentage, or nothing at all — it’s your call.
Think of it like offering a seller assist: optional, but often smart.
📈 How This Impacts Your Bottom Line
The settlement didn’t magically make selling cheaper.
It simply made commissions flexible and negotiable.
Your net depends on:
- Your pricing strategy
- Whether you offer buyer‑agent compensation
- Market competition in your area
- How your agent positions the listing off‑MLS
🗣️ How to Bring This Up With Your Realtor (Without It Being Awkward)
Use a direct, professional approach:
“With the NAR settlement changes, I want to understand my options for buyer‑agent compensation. Can you walk me through the pros and cons of offering it in our market, and how it affects exposure and my net?”
This does three things:
- Shows you’re informed
- Keeps the conversation neutral
- Forces a data‑driven explanation instead of vague reassurance
A good agent won’t get defensive — they’ll welcome the conversation.
🎯 Bottom Line
You don’t have to pay the buyer’s agent anymore — but choosing not to can impact how many buyers see and pursue your home.
The settlement didn’t remove commissions; it just made them transparent, negotiable, and off‑MLS
Great question and honestly a lot of sellers are confused about this right now.
Here’s the simple, real-world breakdown:
What the NAR settlement means for you as a seller:
The National Association of Realtors settlement changed how commissions are communicated, not the fact that they exist.
The biggest shift:
Buyer agent compensation is no longer displayed in the MLS the same way, and it’s more negotiable and transparent.
Do you still have to pay the buyer’s agent?
No, it’s not mandatory.
But here’s the reality…
Most sellers are still choosing to offer buyer agent compensation because:
• It attracts more buyers
• It helps your home show more competitively
• Many buyers still can’t easily pay their agent out of pocket
So while you can choose not to offer it, doing so may limit your buyer pool.
What actually matters now:
Everything is negotiable and clearly outlined upfront.
As a seller, you’ll decide:
• What you pay your listing agent
• Whether you offer compensation to a buyer’s agent
• How that offer is structured
How to bring this up with your agent (without it being awkward):
You can simply say:
“I’ve been hearing about the NAR changes. Can you walk me through how commission works now and what strategy you recommend for my home?”
A good agent should welcome that conversation and explain your options clearly.
The bottom line:
You have more control and flexibility than before, but strategy matters. The goal isn’t just to save on commission, it’s to net the most money and create the strongest demand for your home.
What it means is that you can negotiate directly via the contract re the BA fee. Don't plan on refusing to pay ANYthing, because no buyer, no sale. One of my sellers needed a certain net amount, so we negotiated the BA fee & purchase price to be a certain amount vs what he asked for. If you're in a state with SUBagency, it's only fair to offer that agent something...because no buyer, no sale. (Subagents' fiduciary duty is to the seller by default, so they are working for you not the buyer).
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?"
The National Association of Realtors settlement mainly changes how buyer agent commissions are handled:
- No preset MLS commission: Sellers decide what, if anything, to offer; it’s negotiated with buyers now.
- More flexibility: You can offer, reduce, or not pay buyer agent fees, but this may affect buyer interest.
- Negotiation impact: Buyers may request the seller cover their agent’s fee in an offer; it can influence deal terms.
- Marketing matters: If you don’t offer buyer agent compensation, your listing may need extra strategy to attract buyers.
Net proceeds unchanged: Your bottom line is still based on price, terms, and concessions just with more control over commission structure.
In short, it gives sellers flexibility, but offering some buyer agent compensation is often still necessary to stay competitive.
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.
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!
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!
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.
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 .