Seattle Real Estate News

Selling agent's commission

March 17th, 2025 10:04 AM by Sam Kader

A year has passed since a landmark legal settlement promised to disrupt the way real estate commissions are structured in the US, but home sellers say they are still feeling pressured to pay excessively high fees. The National Association of Realtors (NAR) had agreed to end a long-standing practice of sharing commission information privately among agents through MLS databases. The settlement aimed to increase transparency and competition, potentially lowering commissions historically set between 5% and 6%.


Here's how the settlement has impacted the industry since then: 

  1. Shift in Commission Structure – Buyers must now negotiate and sign agreements outlining how much they will pay their agent, rather than relying on sellers to cover both agents' commissions. 
  2. Impact on Mortgage Lenders – Lenders with lower margins may assist buyers and realtors in covering fees, creating a competitive advantage for those offering better rates or credits. 
  3. Realtor Adaptation – Some realtors are struggling with the change, but more experienced professionals are benefiting by emphasizing their value to clients. 
  4.  Changes to MLS Listings – Commission details are no longer displayed on Multiple Listing Services (MLS), requiring off-MLS negotiations for compensation. 
  5. Challenges for Buyers – First-time buyers or those unfamiliar with the process may face added costs if sellers refuse to cover agent commissions, potentially increasing their financial burden. 

Overall Market Impact – While commissions may moderate, the settlement is not expected to significantly affect home prices or inventory, as interest rates and supply-demand dynamics remain the primary market drivers. 

Buyer-broker agreements explain the duties and responsibilities of the parties and set out exactly what services the broker will provide. There are several types of buyer's broker real estate agreements representing the nature of the relationship between the buyer and the broker. These contracts can generally be provided by the broker in preprinted "fill-in-the-blank" forms adapted to the laws of the particular state. There are three common types of contracts between homebuyers and real estate brokers:

  • Nonexclusive Not-for-Compensation Contracts – Defines the broker's duties but does not require compensation. Buyers can work with multiple brokers, and either party can revoke the contract at any time.
  • Nonexclusive Right-to-Represent Contracts – Specifies that the broker is compensated only if they propose the home the buyer purchases. Buyers can still work with other brokers as long as the home was not introduced by the original broker.
  • Exclusive Right-to-Represent Contracts – The most common agreement, requiring the buyer to work exclusively with one broker and ensuring the broker is compensated regardless of how the home is found. These contracts typically last several months to a year and cannot be revoked easily.

Buyers should evaluate their options based on exclusivity, contract duration, compensation, and home search preferences. Consulting professionals and comparing brokers can help buyers make an informed choice. 

More information from NAR FAQs here.

Posted in:NAR Settlement and tagged: NAR Settlement
Posted by Sam Kader on March 17th, 2025 10:04 AM

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