Can a Seller Refuse to Pay a Buyer’s Agent?

Key takeaways

• Sellers can refuse to pay a buyer’s agent, and commissions remain fully negotiable even after the 2024 NAR settlement
• MLS listings can no longer display buyer agent commission offers, which means any compensation must now be negotiated off the MLS between the parties involved
• Not offering a buy-side commission may reduce a seller’s costs, but it can also limit buyer interest, especially among buyers who prefer not to pay their agent out of pocket
• Sellers can still attract buyers by offering concessions or leaving compensation open-ended, so buyers can propose how to structure their agent’s fee within the offer

Buying a home is already complex, and the question “can a seller refuse to pay a buyer’s agent?” has become even 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 a buy-side commission is still necessary, or even expected, in their local market.

Early market data shows a clear shift. According to Redfin’s internal analysis, the share of sellers offering a buyer agent commission has declined compared with early 2024; however, most listings still include some level of compensation to stay competitive. As the market adjusts, sellers have more flexibility, but they also face new decisions about how these changes could affect their sales.

If you are preparing to list your home in 2025 or 2026, here is what you need to know about your options, how the rules are changing, and how refusing to pay a buyer’s agent may influence buyer interest, offer activity, and your final sale price.

Who pays the real estate agent?

Many sellers have historically paid both the buyer and seller’s agent fees from the proceeds of the sale. But as of August 17, 2024, buyers will now agree to their agent’s fee in writing before touring. Buyers can still ask the seller to cover the buyer’s agent fee when they make an offer. 

Because of this change, the amount the seller has to pay a buyer’s agent varies from buyer to buyer. Redfin expects that some sellers will continue to cover the buyer’s agent commission fee in many transactions, but increasingly, these fees will be negotiated as part of the offer. 

Here are two options for how a seller might navigate the new commission process: 

• • The seller can leave it open-ended and ask buyers to make their best offers, which may include buyer agent compensation, and then negotiate from there.
  • Sellers can proactively offer a concession that the buyer could use to pay their agent as part of their home’s marketing strategy. They can still communicate this to buyers and agents when a buyer’s agent contacts the listing agent to schedule a showing.

Can a seller refuse to pay a buyer’s agent?

Yes, a seller can decide whether to offer compensation to a buyer’s agent. That flexibility existed long before the 2024 changes, and what is different now is how those fees can be communicated and negotiated.

As of August 17, 2024, the NAR settlement no longer allows listing agents to display or publish offers of compensation to buyer’s agents on the MLS. Any compensation a seller chooses to offer, if they choose to offer anything at all, must now be discussed outside the MLS, either between the seller and listing agent or between the buyer and their agent.

Because buyer agent compensation is no longer visible in MLS search results, this change also eliminates a long-standing concern in the industry, the issue of steering. In the past, some agents were accused of favoring listings with higher commissions and overlooking homes that better matched their clients’ needs. Removing compensation from MLS displays is intended to reduce those conflicts and support a more transparent home search process.

Sellers are still fully free to decide what buy-side commission or concessions, if any, they want to offer. Commissions are not set by law and remain entirely negotiable between all parties involved.

Potential pros and cons of not paying the buyer’s agent commission 

Your real estate agent can help you understand the options for buyer agent commissions and the pros and cons. The decision whether or not to offer a commission is one piece of your overall marketing strategy for your home and will depend on the price point, the location, and the demand for homes in your area. 

Pros: 

• Reduced selling costs: Not offering a buy-side commission can reduce the overall costs associated with selling a home, potentially leading to higher net proceeds from the sale.
• Greater flexibility in negotiations: By not paying the buyer’s agent, sellers have more flexibility in negotiating other terms, such as the sale price or concessions, giving them more control over the transaction.

Cons:

• Decreased home attractiveness: Without a buy-side commission, a home may be less attractive to buyers who are working with agents because those buyers must pay their agent fee out of pocket. 
• Reduced competitiveness: Homes that do not offer a buy-side commission may be less competitive compared to similar listings, as many buyers expect the seller to cover this cost.
• Perception of added costs: Buyers might be deterred by the additional out-of-pocket expense of covering their agent’s commission, which could lead to fewer showings and potentially a longer time on the market.

Will not paying the buy-side commission impact the sale of a home?

Not offering a buy-side commission may reduce the number of buyer agents who are motivated to show a home to their clients and buyers that have already agreed to a fee with their agent before looking at the home. However, if the home is priced competitively and marketed effectively, it could still attract buyers.

If a seller decides to pay the buy-side commission, what factors should be considered?

When deciding on the buy-side commission, 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, assessing how commissions impacted their time on the market and final sale prices.

Frequently asked questions

1. Do sellers legally have to pay a buyer’s agent?

No. There are no federal or state laws requiring sellers to pay a buyer’s agent. Commissions have always been negotiable, and sellers can choose whether to offer compensation or structure concessions that buyers can apply toward their agent’s fee.

2. Will refusing to pay a buyer’s agent hurt my chances of selling?

It can, depending on the market. Some buyers may not want to pay their agent out of pocket, which could reduce showing activity. However, competitively priced homes that are marketed well can still attract strong offers, even without a buy-side commission.

3. Can buyers still ask the seller to cover their agent’s fee?

Yes. Even though buyers now sign an agreement outlining their agent’s fee before touring homes, they can still request that the seller cover some or all of that cost during negotiations. Whether a seller agrees depends on the strength of the offer and local market conditions.

4. How do agents get paid now that commissions aren’t shown on the MLS?

Buyer-agent compensation is now negotiated off-MLS. Sellers can offer a concession, leave compensation open-ended, or pay nothing at all. Buyers and their agents can also structure the fee within the purchase agreement, if both sides agree.

5. Should I offer a buyer-agent commission in 2025 or 2026?

It depends on your market. In competitive or higher-priced markets, offering some form of compensation may help attract more buyers. In slower markets, a strategic concession or open-ended approach might work just as well. Your listing agent can help tailor a strategy based on local demand and pricing trends.

A final note

Sellers have more options than ever when it comes to handling buyer’s agent commissions, and deciding not to pay a buyer’s agent is entirely within a seller’s rights. By weighing the pros and cons — such as potential cost savings versus reduced buyer interest — sellers can make an informed decision that aligns with their goals. As the real estate market continues to evolve in 2026, flexibility and strategic negotiation will be key to achieving a successful sale.

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