Own Luxury Homes®
Can the Seller Pay My Buyer’s Agent After the NAR Settlement?
Seller can still pay buyer-agent fees post-NAR settlement — just not via MLS. ~75%+ of sellers still covering fees in a buyer’s market. Luxury $1M+ averages 2.21%. Off-market private sales require separate negotiation. Own Luxury Homes® 12-Point Agent Integrity Audit™ — full compensation transparency, no dual agency.
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Can the Seller Pay My Buyer’s Agent After the NAR Settlement? Yes — Here’s How
Yes
Sellers can still pay buyer-agent compensation — just not through the MLS
~75%+
Estimated share of sellers still covering buyer-agent fees in current market
2.21%
Average buyer-agent fee on $1M+ luxury homes that sellers still pay
0
MLS fields where compensation can now be advertised
One of the most persistent misconceptions after the NAR settlement is that sellers can no longer pay buyer’s agent commissions. This is false. The settlement eliminated the requirement that sellers pay buyer-agent fees and removed buyer-agent compensation from MLS listings. It did not prohibit sellers from offering that compensation voluntarily — and most still do, because not offering it limits the buyer pool in most markets.
How Sellers Can Still Offer Buyer-Agent Compensation
As a Seller Concession
The most common post-settlement mechanism. The seller offers a specified dollar amount or percentage as a “concession” — a payment toward the buyer’s closing costs or directly to the buyer’s agent. This can be communicated through the listing agent’s brokerage website, through direct agent-to-agent negotiation, and in the purchase agreement. It cannot be advertised on the MLS itself.
On Brokerage Websites and Social Media
Listing agents can advertise buyer-agent compensation on their own brokerage website for their own listings. They can communicate offers of compensation on social media and through direct outreach to buyer-agent networks. The restriction is MLS-specific — it does not apply to other marketing channels.
Through Direct Agent-to-Agent Negotiation
A buyer’s agent can request information about seller compensation directly from the listing agent. Listing agents can and do communicate the seller’s willingness to offer buyer-agent compensation verbally, by email, and through showing instruction notes — just not through MLS fields.
Negotiated in the Purchase Agreement
Buyer-agent compensation from the seller can be structured as a line item in the purchase agreement, specifying the amount the seller agrees to pay toward the buyer’s agent fee as part of the transaction terms. This is the most flexible approach and allows negotiation alongside price.
Why Most Sellers Still Pay — And When That Will Change
In the current buyer’s market, sellers are still covering buyer-agent fees because inventory is elevated and buyers have leverage. A listing that offers zero buyer-agent compensation is a listing that some buyer’s agents will show less aggressively — which is the exact steering behavior the settlement was designed to prevent, but which remains a market reality.
When the market shifts to a seller’s market with limited inventory, the calculation changes. Sellers in the 2021–2022 bidding-war environment would have had no reason to offer buyer-agent fees. If that dynamic returns, sellers will increasingly resist, and buyers will need to fund their agent’s compensation directly. For luxury buyers at $5M+, a 2.21% buyer-agent fee means $111,000 in out-of-pocket compensation to their agent — a material figure that changes the transaction calculus.
| Market Condition | Seller Likely to Pay? | Buyer Leverage | OLH Strategy |
|---|---|---|---|
| Current buyer’s market (elevated inventory) | Yes — ~75%+ of sellers covering fees | High — sellers need buyers | Negotiate concession into offer; prioritize verified agents who can compete for you |
| Balanced market | Case by case — negotiated per property | Moderate | Structure buyer-agent fee as a negotiating chip; offer flexibility on fee structure |
| Seller’s market (bidding wars) | Unlikely — sellers may resist entirely | Low | Buyers may need to fund agent directly; agent selection becomes more critical not less |
| Off-market luxury ($5M+) | Often yes — seller controls structure | Depends on private market dynamics | Confirmed off-market specialist with verified seller relationships is essential |
Market conditions as of mid-2026. Subject to change with inventory and rate environment.
For Luxury Sellers: The Strategic Case for Still Offering It
A luxury seller who removes buyer-agent compensation from the table is not automatically saving money. They are changing the buyer pool. A verified buyer’s agent who knows a listing offers zero compensation will show it — but buyers self-funding their agent will factor that cost into their offer price. The net result in most markets is either a lower offer or a longer marketing time. The listing agent who advises a seller to eliminate buyer-agent compensation without a specific market analysis showing the net benefit is giving advice that serves simplicity, not outcome.
The Luxury Exception: Off-Market Private Sales
In off-market luxury transactions, the seller’s decision about buyer-agent compensation is more nuanced. A private seller introducing a $15M property to a small group of verified buyers through a specialist network may negotiate compensation directly with the buyer’s agent rather than advertising it. This is a legitimate structure — but it requires both agents to be fully independent. Any private transaction where the seller’s agent also represents the buyer is dual agency, regardless of how compensation is structured.
Ryan Brown, Principal Broker & CEO — Own Luxury Homes®
“Sellers ask me every week: “Can I just not pay the buyer’s agent?” The answer is: you can. But the right question is: what does it cost you? In this market, with this inventory level, at your price point, eliminating that concession may cost you more in a lower offer than it saves in the fee. That analysis requires data specific to your property, not a default position.”
Frequently Asked Questions
Can sellers still offer buyer-agent commission ?
Yes. The NAR settlement eliminated the MLS requirement to advertise buyer-agent compensation, not the seller’s ability to offer it. Most sellers still do, as a concession, in the current buyer’s market.
How do buyers find out if the seller is offering buyer-agent compensation?
By asking their buyer’s agent to contact the listing agent directly. Compensation information can be communicated agent-to-agent, on the listing agent’s brokerage website, and in showing instructions — just not through MLS fields.
What happens if the seller offers less than my buyer representation agreement specifies?
Your buyer representation agreement must address this scenario. Common approaches include: buyer pays the difference directly, the agent reduces their fee, or it is negotiated at the time of offer. An agreement that does not address this gap has not protected you.
Own Luxury Homes® — 12-Point Agent Integrity Audit™. Every specialist has full compensation transparency and zero dual-agency history. Find your verified specialist ›
"The introduction Own Luxury Homes® makes is to a specialist with documented closing history in your specific market — not the county, not the metro, the submarket you're actually selling or buying in. That's the standard we verify before your name goes anywhere."
— Ryan Brown, Principal Broker & CEO, Own Luxury Homes® (FL License BK3626873)