Steve Bradley is a licensed real estate broker with 23+ years of active transaction experience. The insights here reflect real brokerage practice, not legal advice. For matters specific to your contract or state, consult a real estate attorney.
As of August 17, 2024, no. You are no longer required to advertise or offer a buyer's agent commission as part of your listing. This came directly from the NAR settlement, which fundamentally changed how buyer's agent compensation works in real estate transactions across the country.
Before August 2024, the traditional system essentially required sellers to pre-load buyer's agent compensation into MLS listings, typically 2.5 to 3 percent of the sale price. That created a system where sellers were paying for both sides of the transaction regardless of whether the buyer's agent added value. That requirement is now gone. Sellers decide whether to offer buyer's agent compensation, how much, and when.
What hasn't changed: buyers' agents still exist, many buyers still work with them, and those agents tend to prioritize showing homes where compensation is offered or at least available for negotiation. A FSBO seller who flatly refuses any buyer's agent compensation may find that agents steer their buyer clients toward other properties, which reduces your showing traffic and your pool of qualified buyers.
Most experienced FSBO sellers today handle buyer's agent compensation as a negotiating item rather than a flat refusal or a preset offer. When a buyer with an agent submits an offer, the commission question gets addressed as part of that negotiation, just like repairs, closing dates, and concessions. You evaluate the total offer, including what they're asking you to contribute toward their agent's fee, and decide whether it works for you.
Some buyers are unrepresented, meaning no agent at all. In that case you're potentially saving both commissions entirely. This is more common in FSBO transactions than in MLS-listed ones, because buyers who are comfortable going direct tend to seek out FSBO sellers specifically.
One thing worth knowing: under the new rules, buyers must sign written buyer representation agreements with their agents before touring homes. Those agreements specify how the agent will be compensated. Being aware of what that agreement says can help you understand the dynamics going into negotiation with any agent-represented buyer.
You're not required to offer buyer's agent compensation, but refusing it entirely may limit your buyer pool. Treat it as a negotiable item and evaluate it in the context of each offer as a whole.
Written by Steve Bradley, Licensed Real Estate Broker — Bradley Group Realtors, Manassas, VA 20110 — Virginia License #0225 066093. This article is for educational purposes only and does not constitute legal, financial, or real estate brokerage advice. Requirements and laws vary by state and change over time. Consult a licensed professional for guidance specific to your situation.
Published: October 2, 2026 · Last reviewed: October 13, 2026
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