Sellers can still offer compensation to a buyer’s agent after the real estate commission rule changes, but the process is different from the old MLS-based system.
The key distinction is simple: sellers still have choices, but offers of compensation cannot be listed on the Multiple Listing Service. Sellers can also offer buyer concessions, such as closing-cost help, and those are different from buyer-agent compensation.
For sellers, this creates a strategic decision: whether to offer buyer-agent compensation, offer concessions, negotiate compensation in the purchase contract, or focus only on price and property condition.
This article is general information, not legal advice. Rules, forms and MLS practices vary by state and market.
Key takeaways
- Sellers can still choose to offer compensation to a buyer’s agent.
- A seller’s agent needs written approval and signoff before offering or paying compensation to a buyer’s agent.
- Offers of compensation cannot be listed on the MLS.
- Sellers may advertise compensation off MLS through channels such as flyers, websites, social media, email or phone calls.
- Sellers can still offer buyer concessions, including closing-cost help.
- Concessions are different from buyer-agent compensation.
- Commission-related terms should be discussed carefully because compensation remains negotiable and not set by law.
What sellers can still do
NAR’s seller guidance says sellers still have the choice of offering compensation to buyer brokers and may consider doing so as a way of marketing a home or making a listing more attractive to buyers. NAR also says a seller’s agent must disclose and obtain the seller’s approval for any payment or offer of payment to another broker acting for buyers, and that disclosure must be in writing in advance and specify the amount or rate.
That means a seller can still decide that offering compensation is part of the marketing strategy. But the decision should be explicit, documented and understood.
What sellers cannot do through the MLS
The biggest change is where offers of compensation can be communicated.
NAR says sellers can still make an offer of compensation, but the agent cannot include it on the MLS. NAR’s seller guidance says agents may advertise listings through off-MLS platforms such as social media, flyers and websites.
The practical result: the MLS can show the property, but not the buyer-broker compensation offer.
Compensation vs. seller concessions
Sellers should not confuse buyer-agent compensation with seller concessions.
NAR’s offers-of-compensation guide defines an offer of compensation as when the seller or seller’s agent compensates another agent for bringing a buyer who successfully closes the transaction. A seller concession is different: it is when a seller covers certain buyer costs associated with purchasing the home, such as transaction costs or property repairs.
That distinction matters for compliance and negotiation.
Why sellers may offer compensation
A seller may choose to offer buyer-agent compensation to reduce a buyer’s out-of-pocket burden and broaden the buyer pool. NAR’s offers-of-compensation guide says these costs can be significant for first-time buyers, lower- to middle-income buyers and underserved communities.
A seller might decide that making the transaction easier for buyers increases demand for the listing. But that does not mean the strategy is right for every seller.
The decision should depend on local competition, buyer affordability, price range, inventory level, whether similar sellers are offering compensation, expected buyer financing and the seller’s net proceeds.
A seller decision framework
Before deciding, sellers should ask:
- What is my target buyer pool?
- Are buyers in this price range cash-constrained?
- Are competing listings offering concessions or compensation?
- Would a price cut create more buyer interest?
- Would closing-cost assistance help more than compensation?
- How will any offer be communicated off MLS?
- How will this affect my net proceeds?
- What written approval does my agent need?
- What does state law or local MLS policy require?
The best strategy is not automatic. It is market-specific.
What this means
The commission changes did not eliminate seller choice. They changed how buyer-agent compensation is documented, approved and communicated.
Sellers can still offer compensation, but it must be handled carefully and cannot be listed on the MLS. Sellers can also offer concessions, but concessions are different and may be subject to lender limits, state law and MLS rules.
For sellers, the new playbook is not “pay or do not pay.” It is: understand your options, document your decision and choose the strategy that best supports the sale.
FAQ
Can a seller still pay a buyer’s agent in 2026? Yes. NAR says sellers can still choose to offer compensation to buyer brokers, but offers of compensation cannot be listed on the MLS.
Does the seller’s agent need written approval? Yes. NAR says the agent must disclose and obtain the seller’s approval in writing before any payment or agreement to pay another broker acting for buyers.
Can buyer-agent compensation be advertised on the MLS? No. NAR says offers of compensation cannot be listed on the MLS.
Can sellers advertise compensation outside the MLS? Yes. NAR says offers may be shared through methods such as flyers, signs, brokerage websites, social media, phone calls or emails.
Is buyer-agent compensation the same as a seller concession? No. Compensation is payment to a buyer’s agent. A concession is help with buyer costs such as closing costs or repairs.
Sources with clickable URLs
- [NAR — Home Sellers: What the NAR Settlement Means for You](https://www.nar.realtor/the-facts/home-sellers-what-the-nar-settlement-means)
- [NAR — Consumer Guide: Offers of Compensation](https://www.nar.realtor/the-facts/consumer-guide-offers-of-compensation)
- [NAR — What the NAR Settlement Means for Home Buyers and Sellers](https://www.nar.realtor/the-facts/what-the-nar-settlement-means-for-home-buyers-and-sellers)
- [NAR — Consumer Guide: Seller Concessions](https://www.nar.realtor/the-facts/consumer-guide-seller-concessions)
- [NAR — Consumer Guide: Listing Agreements](https://www.nar.realtor/the-facts/consumer-guide-listing-agreements)
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