What Happens If You Don't Offer Buyer's Agent Commission?

What Happens If You Don't Offer Buyer's Agent Commission?

For decades, sellers were expected to pay both their own agent and the buyer’s agent as a matter of routine. The rules changed in 2024, and many sellers now wonder whether they can skip the buyer’s agent side entirely and what that would do to their sale.

Short answer: You aren’t required to offer buyer’s agent compensation, and since August 17, 2024, you can no longer advertise it on the MLS. If you don’t offer anything, buyers who use an agent generally have to pay that agent themselves under their written buyer agreement, or ask you for a concession in their offer. Declining to offer compensation can reduce the number of agent-represented buyers who see or pursue your home, and it often shifts the conversation into negotiation, so the decision should be a deliberate one.

Do Sellers Have to Pay the Buyer’s Agent?

No. Sellers are not required to pay a buyer’s agent. Before the 2024 practice changes, offering buyer’s agent compensation through the MLS was a standard expectation. That’s no longer the case: offers of compensation can’t appear in the MLS, and buyer’s agent pay is negotiated. You can still choose to offer compensation, but nothing obligates you to.

What Changed in August 2024?

Two practice changes took effect on August 17, 2024, following the National Association of Realtors settlement. First, offers of compensation to a buyer’s agent can no longer be published in the MLS. Second, agents working with buyers must have a written agreement with them before touring homes, and that agreement must state the agent’s compensation and make clear that fees are negotiable. Sellers can still offer to pay buyer’s agent compensation, but it happens outside the MLS, through negotiation or the purchase contract.

What Happens If You Offer Nothing?

If you offer no buyer’s agent compensation, the buyer is responsible for what they agreed to pay their agent. In practice, a buyer in that position typically has three choices: pay the agent out of pocket, ask you for a concession in their offer to cover it, or choose a different home where compensation is offered. Many buyers have limited cash after a down payment and closing costs, so a home with no compensation can feel more expensive to them.

How Can It Affect Your Sale?

The biggest effect is on your pool of buyers. Buyers’ agents guide their clients toward homes that fit their financial picture, and if your home would leave their client with an extra cost, some will steer elsewhere. You may see fewer showings from agent-represented buyers, more requests for concessions, and longer negotiations. In a market where buyers have plenty of choices, that effect can be more noticeable. In a hot market with limited inventory, it may matter less.

ApproachWhat it meansLikely effect
Offer nothingBuyer pays their own agent or asks for a concessionPotentially fewer agent-represented buyers, more negotiation
Offer a set percentage or amountYou agree to contribute toward the buyer’s agentBroader buyer interest, predictable cost
Offer a concession toward closing costsA credit the buyer may use toward costs, including agent feesFlexible for the buyer, can be advertised as a concession
Decide at offer timeYou respond when a specific offer asksKeeps options open, can slow the process

Can You Still Offer a Concession Instead?

Yes. Rather than advertising a buyer’s agent commission, many sellers offer a concession toward the buyer’s closing costs, which a buyer can use for expenses that may include their agent’s fee, subject to lender rules. Concessions can be included in the listing details or negotiated in the offer. It gives you control over the total you’re willing to contribute and keeps the conversation focused on your net proceeds.

What Do Most Sellers Actually Do?

Many sellers continue to offer some compensation to buyer’s agents, often to keep their home attractive to the widest pool of buyers, while negotiating the amount. Others offer a lower amount, or only contribute if a buyer asks. What’s right depends on your market, how quickly you need to sell, and how many competing homes there are. An agent with local data can tell you how common it is in your area.

What Does IDEAL AGENT Recommend Offering?

IDEAL AGENT recommends a buyer’s agent commission of 2-2.5%, which keeps your home attractive to agent-represented buyers while holding your total cost well below a traditional structure.

Traditional agentIDEAL AGENTYou save
Listing commission3%2%1%
Buyer’s agent commission3%2%1%
Total (if buyer has an agent)6%4%2%

If a buyer comes directly through your agent’s own marketing, with no separate buyer’s agent, your total commission is capped at just 2% combined. IDEAL AGENT matches sellers with a top 1% local agent at a 2% listing commission, so you can offer buyer’s agents a competitive amount without a traditional total cost.

How Do You Decide What to Offer?

Ask your agent how common buyer’s agent compensation and concessions are among recently sold homes in your neighborhood and price range, how quickly comparable homes are selling, and how many competing listings a buyer would see. If homes are selling quickly with few concessions, you may have more room to offer less. If buyers have plenty of choices, offering a competitive amount is often the more practical path.

What Should You Put in Writing?

Make sure your listing agreement states what you’ll offer and how it will be communicated. If you decide to offer a concession, confirm how it appears in the listing and the purchase contract. Because the arrangement isn’t on the MLS, clear written terms prevent misunderstandings when offers come in.

Frequently Asked Questions

Can I refuse to pay the buyer’s agent?

Yes. You’re not required to pay a buyer’s agent, though buyers may ask for a concession or choose other homes.

Who pays the buyer’s agent if I don’t?

Under the written buyer agreement, the buyer is generally responsible for their agent’s compensation, unless you agree to contribute.

Can I advertise a buyer’s agent commission on the MLS?

No. Since August 17, 2024, offers of compensation can’t be published on the MLS, though you can offer compensation outside it.

Will offering nothing reduce my number of showings?

It can, particularly from agent-represented buyers, though the effect depends on how competitive your market is.

Can I offer a closing cost credit instead?

Yes. Many sellers offer a concession toward closing costs that a buyer may use for their agent’s fee, subject to lender rules.

Is buyer’s agent compensation negotiable?

Yes. Fees are negotiable, and compensation is negotiated between the parties rather than set by law.

What if the buyer doesn’t have an agent?

If a buyer comes directly through your agent’s marketing, no separate buyer’s agent compensation is involved, and with IDEAL AGENT your total commission is capped at 2% combined.

Deciding what to offer buyers’ agents is a strategy decision, not a default. Get matched with a top 1% local agent who can advise you based on local data, listing for 2% commission.

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