Real estate has changed—and if you’ve heard the phrase “compensation is negotiable” about 47 times lately, there’s a reason!
Here’s the quick version of what you need to know in 2026.
🚫 Compensation Is No Longer on the MLS
Since August 2024, REALTORS® and MLS Participants cannot use the MLS to communicate an offer of compensation to a buyer’s agent. And yep, that rule is still in place for 2026.
But—and this is important—offers of compensation haven’t disappeared.
A seller can still choose to offer compensation to a buyer’s broker. It just has to be communicated outside the MLS, such as through direct communication, emails, flyers, signs, websites or other marketing.
So, think of it as:
MLS? Nope.
Negotiation? Absolutely.
💰 Who Pays the Buyer’s Agent?
There’s no one-size-fits-all answer.
Broker compensation is not set by law and is fully negotiable. Buyers and their agents agree on compensation in their written buyer agreement, and that agreement must spell out the amount or how compensation will be determined.
A buyer’s compensation could potentially come from the buyer, a seller, a portion of the listing broker’s compensation, or another negotiated arrangement.
The key word? Negotiated.
🏡 What Does This Mean for Sellers?
Sellers now have more decisions to make—and more conversations to have.
A seller can work with their REALTOR® to decide whether offering compensation to a buyer’s broker makes sense for their particular property and situation.
If the seller does choose to offer compensation, the listing broker must get the seller’s authorization in writing and disclose the amount or rate before making that offer.
🔑 What Does This Mean for Buyers?
Buyers should know exactly what they’re agreeing to before touring homes.
Your buyer agreement should explain how your REALTOR® will be compensated and what, if anything, you may be responsible for paying.
And don’t be shy about asking questions! Understanding the numbers upfront can prevent some very unpleasant surprises later.
The Bottom Line
The rules around real estate compensation may look different in 2026, but one thing hasn’t changed:
Communication is everything.
Compensation is negotiable. Sellers have options. Buyers have options. And the best way to navigate it all is to have an honest conversation with your REALTOR® before you start writing offers.
Because when it comes to buying or selling a home, “I thought someone else was paying that” is not a strategy. 😉
Source: REALTOR® Magazine
“Communicating Offers of Compensation”
National Association of REALTORS®
