Do I Still Have to Pay a Buyer's Agent Commission as a FSBO Seller?

If you're selling your home as a For Sale By Owner (FSBO) seller, you may be wondering whether you're required to pay a buyer's agent commission.

The short answer is no. You're not required to pay a buyer's agent commission, and since the August 2024 NAR settlement, that compensation is no longer set or advertised through the Multiple Listing Service (MLS).

What Changed After the NAR Settlement

Before the settlement, it was common for a seller's listing to include a stated commission percentage offered to whichever agent brought the buyer.

That's no longer how it works.

Buyer's agents now enter into written representation agreements directly with their buyer clients. Those agreements—not the MLS—determine the compensation the buyer owes their agent.

What This Means for You as the Seller

As the seller, whether to offer any concession toward the buyer's agent compensation is entirely your choice.

Instead of being advertised in the MLS, any concession is negotiated as part of the buyer's offer.

That means:

• There is no required amount to offer.

• Compensation is negotiated between you and the buyer.

• Your listing broker does not set the amount on your behalf.

Each transaction can be handled differently based on the terms both parties agree to.

Why This Matters More for FSBO and Flat Fee Sellers

For homeowners selling through a flat fee MLS service or as a traditional FSBO, this change provides even greater flexibility.

Because there isn't a listing agent taking a percentage-based commission, the decision about whether to offer a concession toward the buyer's agent compensation is squarely in your hands.

A licensed broker or your closing attorney can help you evaluate whether offering a concession makes sense for your specific transaction. However, SaveEstate does not set or recommend a specific amount, leaving that decision to you as part of the negotiation process.

Final Thoughts

The changes following the August 2024 NAR settlement give FSBO and flat fee MLS sellers more control over how buyer's agent compensation is handled.

Rather than advertising compensation through the MLS, any concession is negotiated directly as part of the purchase offer. This allows sellers to evaluate each offer on its own terms while maintaining flexibility throughout the negotiation process.

Ready to get started? Contact SaveEstate or submit your request online at saveestate.com.