Who Pays the Buyer's Agent Now? A Plain Guide After the 2024 Rule Changes
Since August 17, 2024, agents who use most multiple listing services (MLSs) must have a written agreement with you before touring a home together, and that agreement spells out how they get paid. Here is what that means for you and what you can negotiate.
By Jason Green · Buying a Home · Published November 12, 2026 · Updated November 12, 2026 · 6 min read
What changed in August 2024
Under the National Association of REALTORS settlement, starting August 17, 2024, offers to pay buyer's agents can no longer be posted on covered MLSs, the shared listing systems agents use. Agents in those MLSs must sign a written agreement with a buyer before touring homes together, including live virtual tours. 1 3
The agreement must clearly state the agent's pay, or a clear way to calculate it, and the agent cannot collect more than that amount from anyone. 1
So who actually pays?
It depends on what you negotiate. You can ask the seller or the seller's agent to pay some or all of your agent's fee as part of your offer. 2
Read your agreement to see when you must pay your agent, and whether you owe the difference if the seller covers only part of it.
Agent pay is negotiable
Your agent's pay is negotiable and not set by law. 1
Ask each agent what they charge, what is included, and whether they will ask the seller to cover their fee in your offer.
Questions to ask before you sign a buyer agreement
How are you paid, and what do I owe if the seller does not cover it all?
How long does the agreement last, and how can I end it?
Which homes, areas and services does it cover, and can I work with another agent while it is in effect? 2
Are you licensed in the state where I am buying? ARELLO's directory helps you find the state regulator, whose website explains how to check a license. 4
Compare a few agents first
Talking to more than one agent lets you compare services, pay and agreement terms before you sign anything.
Henry connects you with up to three local agents and never resells your request. Henry takes no cut of the agent's commission, so the fee you negotiate is between you and your agent.
Common questions
Do buyers have to pay their agent now?
Not necessarily out of pocket. You can negotiate for the seller or the seller's agent to pay some or all of your agent's fee, but check your agreement for any amount you would owe yourself. 2
What is a typical buyer's agent commission?
There is no set rate. Agent pay is negotiable and not set by law, so ask each agent you talk to. 1
Can I tour a home before signing an agreement?
An agent in a covered MLS needs a written agreement before touring a home with you. Visiting an open house on your own does not require one under these rules, though state and local rules can vary. 3
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