Last updated on July 13th, 2025 at 05:46 am

After the settlement in August 2024, NAR revolutionized real estate transactions in the United States. Historically, sellers paid the listing and buyer agents throughout a co-op commission arrangement; buyers are finally made responsible for their agent’s fees, hence making the market more transparent but perhaps trickier.

The infographic lays out exactly what changed and who now pays for what and how these rules influence your home buying strategy.

Changes like these are paramount to help you navigate the real estate market, whether for the first time or as an experienced investor.

Who Pays Buyer’s Agent Fee – NAR Law Changes

What the new NAR Law Changed

Understanding the New NAR Settlement Changes

Major Changes Effective August 2024

The National Association of Realtors (NAR) $418 million settlement has fundamentally changed how buyer’s agent fees are handled

⚖️Before vs. After NAR Settlement

BEFORE (Pre-August 2024)
Seller typically paid both agent fees

• Total commission (~5.46%) split between agents
• Buyer’s agent fee automatically included
• 86% of transactions followed this model
• Buyers rarely negotiated directly with their agents
AFTER (August 2024+)
Buyers must negotiate and agree to pay their agent

• Buyer representation agreements required
• Commission no longer automatically shared
• Buyers responsible for their agent’s fee
• More transparent fee negotiations

💰Who Pays Now?

Primary Responsibility: THE BUYER

  • Buyers must sign representation agreements before viewing homes
  • Fee amount and structure must be negotiated upfront
  • Buyers can still negotiate for seller to cover the cost
  • Payment can be rolled into mortgage (with lender approval)
  • Cash payment at closing is also an option
Key Impact
While buyers are now responsible for their agent’s fee, they can still negotiate for the seller to pay it as part of the purchase agreement.
The main change is transparency and direct negotiation, not necessarily who ultimately pays

🏠Different Scenarios

Traditional Sale
Buyer negotiates with seller to cover agent fee as part of purchase price or closing costs
FSBO (For Sale By Owner)
Buyer typically pays their agent directly since seller has no listing agent commission to share
New Construction
Builders may or may not offer to pay buyer’s agent fees – must be negotiated case by case
Competitive Markets
Buyers may need to pay their own agent fees to make offers more attractive to sellers

📋What This Means for Buyers

Action Items

  • Budget for potential agent fees (typically 2-3% of purchase price)
  • Negotiate fee structure before starting home search
  • Consider fee as part of total purchase negotiation
  • Understand your representation agreement completely
  • Shop around and compare agent fees and services