Who Actually Pays the Buyer's Agent Fee Now?

If the last time you bought or sold a home was more than a couple of years ago, some things have changed. And if you heard something back in 2024 about commission rules and then moved on with your life, you’re probably walking around with half the story.

What the headlines got wrong. Back in 2024, there was a big lawsuit settlement involving the National Association of Realtors, and it was everywhere. Buyers panicked, thinking they’d have to pay their agent out of pocket. Sellers got excited, thinking they’d save thousands. Then the story dropped out of the news cycle, and everyone stopped following it. Most people are still living on the headline version, and a lot of that version was either incomplete or just not how things are playing out in reality.

What actually changed in the rules. The old system had buyer agent compensation baked into every MLS listing and listing agreement. That went away. It can no longer be advertised on the MLS, and buyers now sign a written agreement with their agent before touring homes that lays out the fee and what services are included. Here’s what most people missed, though.

Sellers can still pay the buyer’s agent. That didn’t go away. The rule only changed how that conversation happens. And right now, sellers are still covering it in most deals. The big commission collapse everyone predicted never happened.

What buyers need to know now. If you’re buying, the biggest change is that written agreement. You’ll sign it before you start looking at homes, and it tells you exactly what you’re paying for and what your obligation to your buyer’s agent is. In most cases, your agent can negotiate the seller’s contribution to cover that fee as part of your offer.

Same idea as asking for closing cost help, which buyers have been doing forever, and 88% of buyers still used an agent last year. That number didn’t drop after the rule change. People still want someone in their corner for what’s probably the biggest purchase of their life.

Where sellers cost themselves money. If you’re selling, you might be thinking you can skip paying the buyer’s agent and keep that money. Technically, you can. Here’s what actually happens, though. When buyers have to come up with an extra 2.5% to 3% out of pocket just to have their agent represent them, a lot of them skip your listing and go to the one where the seller is covering it.

That means fewer showings, a smaller buyer pool, and usually a lower sale price. The money you thought you were saving ends up costing you more on the back end. That one decision shapes your results as much as when you put it on the market.

If you haven’t bought or sold since these changes went into effect and you’re thinking about making a move, it’s worth a quick conversation. I’ll walk you through how the commission piece actually works on your side of the deal, so nothing catches you off guard once you’re under contract. Call or text me at 619-977-8364, email me at max@maxfolkers.com, or visit blog.remaxmax.com.

I’d love to help you figure out your next step.