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Question: How has buyer agent compensation changed since the laws changed last year?
Laws Changed One Year Ago
You probably recall hearing all about the class-action lawsuits and settlements last year that made it illegal for sellers and brokers to offer buyer agent compensation through the MLS. In fact, many argue that the law makes it illegal for sellers and brokers to offer a set buyer agent compensation at all. I wrote about the changes here, if you want a refresher.
The laws went into effect one year ago, in August 2024. They were a huge deal within the industry and captured months of news headlines.
The Mechanics Changed, The Market Has Not
In October, I wrote an article clarifying some misunderstandings and shared my observations that little had changed in the market, with most transactions including seller-paid buyer agent compensation.
After a full year, including a spring market (albeit less competitive than usual), the results of the settlement have caused little change for consumers and in the industry.
- The Mechanics Changed: Prior to August 2024, in nearly all transactions, the seller agreed to a set compensation for the agent representing them and an agent representing the buyer. The buyer agent compensation was entered into the MLS listing and became enforceable. Now, any seller-paid buyer agent compensation is enforced through the sales contract and must be agreed to during buyer-seller negotiations. If it’s not in the contract, it’s not payable.
- The Market Has Not: Prior to the new laws, nearly all transactions included seller-paid buyer agent compensation and in 2022 the average buyer agent comp in Arlington was 2.54% with over 80% of transactions including 2.5 seller-paid buyer agent comp. Based on our team’s experience, brokerage data, and regional/national surveys the market is still operating in a very similar manner, with sellers covering buyer agent compensation in the vast majority of transactions and the average hovering around 2.5%.
In May 2025, Redfin published some great data on this (charts below), showing that the average buyer agent compensation had dropped from 2.51% in Q1 2023 to 2.4% in Q1 2025. Much less of a drop than many expected. Their data does show that the average commission percentage is about one-third percent less for homes sold for $1M+ than those sold for under $500k.
Their data does not indicate what percentage of these transactions/fees were paid by the seller, but their sub-header in the same article states “most sellers are still paying buyer agent commissions” which is exactly what I’ve seen over the past 12 months, what our brokerage of ~450 agents in the DC Metro has found surveying every transactions, and what I’ve heard from numerous lenders, title attorneys, and appraisers who have insight into thousands of regional transactions.
We Have a Data Transparency Problem
One of the trade-offs made with these new laws was losing transparency and reporting on seller-paid buyer agent commissions. Prior to 2024, when this information was entered into the MLS, all agents, brokers, appraisers, etc could easily pull buyer agent commission data for individual transactions or for an entire market (like I used to do for Arlington).
Without transparency into how much seller-paid buyer agent commission was included in a transaction, we run into challenges with property valuations aka “comparables.” While studies and experience suggest that a given sale most likely included 2.5% seller-paid commission, that’s probably true for about 2/3 of transactions these days and the others vary from less to more to none. So, the housing marketplace lost valuable insight into market values when we removed buyer agent comp from the MLS because sale prices will vary if the seller is paying 2.5-3% to a buyer agent vs nothing.
Note: other MLS’s may track this but Bright MLS (second largest in the country, covers most of the Mid-Atlantic) does not have a good method for doing so.
Frankly, I’m shocked the banks haven’t had more to say about this because their appraisers are missing information that contributes to a 0-3% shift in valuations that they use to make lending decisions.
My understanding of why they don’t want to collect this data is they don’t want individual buyer-seller decisions to be influenced by what the rest of the market is doing. I sympathize with that position, but there are plenty of other ways to access and understand what the rest of the market is doing, so consumers and agents who want the data will get it anyway. It’s also important for consumers/agents to know what competing listings are offering and what decisions past sellers have made that lead to success in their market. The loss of data transparency/reporting is a significant loss for the market.
If you’d like to discuss buying, selling, investing, or renting, don’t hesitate to reach out to me at [email protected].
Eli and his team believe that your real estate needs should be managed by advisors, not salespeople. Their mission is to guide, educate, and advocate for their clients through real advice, hands-on support, and personalized service.
