Commission talks move earlier

Why it matters

The commission conversation in home sales moved to the front of the deal on August 17, 2024, when buyer-agent pay could no longer be posted in Multiple Listing Services. (nar.realtor) That change came out of the National Association of Realtors settlement and required Realtor-owned Multiple Listing Services to stop accepting listings with offers of compensation to buyer brokers. Sellers can still offer to pay a buyer’s agent, but that offer now has to be negotiated off-MLS. (nar.realtor) The same rule package also made written buyer agreements mandatory before an MLS participant tours a home with a buyer, including live virtual tours. Those agreements must spell out the amount or rate of compensation, or how it will be calculated, and state that commissions are fully negotiable. (nar.realtor) That paperwork used to be handled later or treated as a compliance step in markets where it was not already standard. After August 2024, it became an early sales conversation because buyers now have to discuss services and pay before the first showing. (nar.realtor) The practical result is that agents have to explain value sooner. NAR’s consumer guidance tells buyers to ask what services an agent will provide, how the agent will be compensated, and how the written agreement works. (nar.realtor) Brokerages have responded by putting more training and compliance systems around buyer representation agreements. HousingWire reported in February 2026 that firms are investing in training, compliance and dispute-resolution processes as those contracts take a larger role in transactions. (housingwire.com) Some consumer advocates say the new contracts still vary too much from one brokerage to another and can confuse buyers who are seeing them for the first time. The U.S. Department of Justice, in a separate filing tied to commission litigation, argued that some earlier settlement proposals would not by themselves create more competition or lower commissions. (housingwire.com, justice.gov) The industry’s answer has been more scripts, more disclosures and more follow-up outside the MLS. NAR says offers of compensation remain legal off-MLS, but the discussion now happens through direct negotiation and consultation rather than through a prefilled field in the listing database. (nar.realtor) That is why the first buyer meeting now carries more weight than it did before August 2024: the agent has to win the client and explain the fee structure in the same conversation. The paperwork did not disappear; it moved earlier. (nar.realtor)

Key numbers

• The MLS commission requirement was removed in the 2024 settlement, making seller-paid buyer commissions negotiable.
• The commission conversation in home sales moved to the front of the deal on August 17, 2024, when buyer-agent pay could no longer be posted in Multiple Listing Services.
• After August 2024, it became an early sales conversation because buyers now have to discuss services and pay before the first showing.
• HousingWire reported in February 2026 that firms are investing in training, compliance and dispute-resolution processes as those contracts take a larger role in transactions.

What happens next

• The commission conversation in home sales moved to the front of the deal on August 17, 2024, when buyer-agent pay could no longer be posted in Multiple Listing Services.
• Those agreements must spell out the amount or rate of compensation, or how it will be calculated, and state that commissions are fully negotiable.
• NAR’s consumer guidance tells buyers to ask what services an agent will provide, how the agent will be compensated, and how the written agreement works.

Sources

• congressrealty.com
• nar.realtor
• nar.realtor
• nar.realtor
• nar.realtor
• nar.realtor
• housingwire.com
• justice.gov
• nar.realtor

Quick answers