1. What changed — and why it matters
Before August 2024, sellers almost always offered a commission to the buyer’s agent through the MLS.
Now, sellers don’t have to offer that payment. So, if a seller (or their listing broker) declines to pay any buyer-agent compensation:
👉 That cost doesn’t disappear — it simply becomes a matter for the buyer and their broker to handle by contract.
2. Your buyer-broker agreement controls what happens
When you sign your Buyer-Broker Agreement, it will state something like:
“Broker is entitled to compensation equal to % of the purchase price (or $), payable by the buyer.
If the seller or listing broker offers compensation, that amount shall be credited toward the buyer’s obligation.”
That means:
-
If the seller does pay part (say 1.5%), and your agreement is for 2.5%,
→ you’d owe the remaining 1%. -
If the seller pays nothing,
→ you pay the full 2.5% (or flat fee) out of pocket or via contract credit.
This payment typically occurs at closing, just like other settlement costs.
3. How the buyer can cover the fee
| Option | How it works | Typical pros / cons |
|---|---|---|
| Negotiate seller credit | You add the buyer-broker fee into your offer price and ask the seller to credit that amount back to you at closing. | Keeps your cash out-of-pocket low, but raises purchase price slightly. |
| Pay directly at closing | You pay the buyer-broker fee from your funds at closing (separate line item on the closing disclosure). | Clear and straightforward; may impact your cash-to-close total. |
| Finance it in mortgage (indirectly) | You offer slightly higher purchase price so that the fee is covered by loan proceeds. | Common workaround, but must appraise high enough. |
| Ask listing broker to share | Occasionally the listing broker voluntarily offers a co-op commission even if seller didn’t. | Depends on market and broker cooperation. |
| Negotiate a reduced or flat fee | You and your agent agree on a smaller fee or hourly/flat fee instead of a percentage. | Transparent but requires agent consent. |