Important points
Sellers can decline to pay buyer agents, and commissions remain fully negotiable after the 2024 NAR settlement Buyer agent commission offers will no longer appear in MLS listings, and compensation must be negotiated between parties outside of the MLS Not offering buy-side commissions may reduce costs for sellers, but may also limit interest, especially for buyers who do not want to pay an agent out of pocket Since sellers have unlimited ability to attract buyers by offering concessions or waiving commissions, buyers can suggest how to structure agent fees within their offer.
Buying a home is already complicated, which raises the question, “Can a seller refuse to pay a buyer’s agent?” They are becoming more common as real estate commission rules continue to evolve. Since the 2024 NAR settlement reshaped how buyers and their agents negotiate fees, sellers in 2025 and 2026 are taking a closer look at whether offering buy-side fees is still necessary or expected in their local market.
Early market data shows a clear shift. According to Redfin’s internal analysis, the percentage of sellers offering buyer agent commissions is down compared to the beginning of 2024. However, most properties include some level of compensation to remain competitive. As the market adjusts, sellers will have more flexibility, but they will also be forced to make new decisions about how these changes will impact sales.
If you’re preparing to list your home in 2025 or 2026, here’s what you need to know about options, rule changes, and how refusing to pay a purchasing agent can affect buyer interest, offer activity, and the final sales price.
Who pays the real estate agent?
Many sellers have historically paid both the buyer’s and seller’s agent fees from the sale proceeds. However, starting August 17, 2024, buyers will agree to agent fees in writing prior to the tour. Buyers can require sellers to cover the buyer’s agent fees when making an offer.
As a result of this change, the amount that sellers must pay to buyer agents will vary from buyer to buyer. Redfin expects some sellers to continue to pay buyer agent fees in many transactions, but expects these fees to be increasingly negotiated as part of the offer.
There are two options for how sellers navigate the new commission process:
The seller can leave the terms open-ended, ask the buyer to make their best offer, including the buyer’s agent’s compensation, and negotiate from there. As part of their home marketing strategy, sellers can proactively offer concessions that buyers can use to pay their agents. You can communicate this to the buyer and agent when the buyer’s agent contacts the listing agent to schedule showings.
Can the seller refuse to pay the buyer’s agent?
Yes, the seller can decide whether to provide compensation to the buyer’s agent. This flexibility existed long before the 2024 changes, but what’s different now is how those rates are communicated and negotiated.
As of August 17, 2024, the NAR settlement will no longer allow listing agents to display or publish compensation offers to buyer’s agents on the MLS. Any compensation that a seller chooses to offer, if they choose to offer anything, must be discussed outside of the MLS, between the seller and the listing agent, or between the buyer and their agent.
This change also eliminates steering issues, a long-standing concern in the industry, as buyer agent compensation no longer appears in MLS search results. In the past, some agents have been accused of overlooking homes that better fit their clients’ needs in favor of properties with higher commissions. Removing coverage from MLS listings is intended to reduce these conflicts and support a more transparent home search process.
Sellers have complete freedom to decide what offer they wish to make, with buy-side commissions and concessions, if any. Fees are not set by law and are fully negotiable between all parties involved.
Potential advantages and disadvantages of not paying buyer agent fees
Your real estate agent can help you understand the options and pros and cons of buyer agent commissions. The decision to offer a commission is part of your overall marketing strategy for your home and depends on your price range, location, and demand for homes in your area.
Strong Points:
Lower sales costs: By not offering buy-side commissions, you can reduce the overall costs associated with selling a home, which can lead to higher net profits from the sale. More flexibility in negotiations: By not paying a buyer’s agent, sellers have more flexibility in negotiating the sales price and other terms, such as concessions, giving them more control over the deal.
Cons:
Homes become less attractive: Without buyer’s commissions, homes can become less attractive to buyers who have an agent, as they have to pay the agent’s fees out of their own pocket. Less competitive: Homes that don’t offer buyer-side fees may be less competitive than similar properties because many buyers expect sellers to cover this cost. Perception of additional costs: Buyers may be deterred by additional out-of-pocket costs to cover agent fees, which can reduce the number of showings and increase the time on the market.
Will not paying buyer’s fees affect the sale of my home?
Not offering buy-side commissions can reduce the number of buyer agents who are willing to show a home to their clients, and the number of buyers who have already agreed to a commission with an agent before viewing a home. However, if a home is competitively priced and marketed effectively, it may still attract buyers.
What factors should sellers consider if they decide to pay a buyer-side fee?
When determining buyer’s fees, sellers should consider factors such as the competitiveness of the local market, the condition and price of the home, and the urgency of the sale. Sellers and their agents can review comparable home sales in the area and evaluate how commissions affected time on the market and final sale price.
FAQ
1. Is the seller legally required to pay a fee to the buyer’s agent?
no. There are no federal or state laws that require a seller to pay a buyer’s agent. Commissions are always negotiable, and sellers can choose to provide compensation or structure concessions that buyers can apply to agent commissions.
2. Will refusing to pay my buyer’s agent hurt my chances of selling?
It is possible depending on the market. Some buyers may not want to pay an agent out of pocket, which could reduce showing activity. However, a well-sold home at a competitive price can still attract strong offers, even without buyer-side fees.
3. Can a buyer ask the seller to cover agent fees?
yes. Buyers currently sign a contract outlining their agent’s fees before visiting a home, but they can request that the seller cover some or all of those costs during negotiations. Whether the seller agrees depends on the strength of your offer and local market conditions.
4. How are agents paid now that commissions no longer appear in the MLS?
Buyer agent compensation is currently negotiated outside of MLS. The seller can offer concessions, leave the compensation unlimited, or pay nothing at all. If both parties agree, the purchaser and his/her agent may also structure fees within the purchase agreement.
5. Should I offer buyer agent commissions in 2025 or 2026?
It depends on your market. In competitive or high-priced markets, offering some form of compensation may help you attract more buyers. In markets with an economic downturn, strategic concessions and open-ended approaches may work as well. Your listing agent can help you adjust your strategy based on local demand and pricing trends.
last note
Sellers have more options than ever when it comes to handling buyer’s agent fees, and the decision not to pay a buyer’s agent is entirely within the seller’s rights. By weighing the pros and cons, such as potential cost savings versus reduced buyer interest, sellers can make informed decisions that align with their goals. As the real estate market continues to evolve in 2026, flexibility and strategic negotiation will be key to a successful sale.
