How the NAR Commission Settlement Changes Everything for Sellers — And Why Full-Service Brokers Don’t Want You to Know It

For the first time in decades, sellers have gained something the traditional real estate system never allowed:

⭐ The freedom to base commission decisions on circumstances rather than predetermined rules.

But here’s the catch — and the part most sellers are never told:

Even though the MLS no longer requires sellers to offer buyer-agent compensation, full-service brokers are still hard-coding those payments directly into their listing agreements.

Meaning? Sellers are losing the very flexibility the settlement was supposed to give them.

Brokerless is built to restore that flexibility — to let sellers respond to real buyers, real offers, and real circumstances instead of paying a predetermined commission regardless of how the sale unfolds.

Let’s break down what’s actually happening in today’s market and why the old system’s mindset is trying to survive inside new rules.

What the NAR Settlement Really Means for Everyday Home Sellers

The Core Insight: Sellers Finally Have Real Freedom

Before the NAR settlement, sellers were locked into a compensation structure that offered almost no flexibility. If you listed with a full-service broker, you automatically agreed to pay the buyer’s agent — no matter who the buyer was, what they needed, or how the negotiation unfolded.

Today, the MLS no longer requires buyer-agent compensation. But that doesn’t stop many traditional brokers from still inserting predetermined payouts into the listing agreement itself.

This is exactly what prevents sellers from benefiting from the new rules.

How the Old System Worked — And Why Sellers Always Overpaid

For decades, sellers were trained to believe they must offer buyer-agent compensation in order to sell their home. This became a “default setting,” not a strategic decision. Even sellers using Flat Fee MLS services still thought they had no choice because the industry conditioned them to think this way.

Full-service brokers never questioned this structure — because they benefitted directly from it.

The Financial Impact: Predetermined Commissions Cost Sellers Thousands

When a broker locks compensation into the listing agreement before any offers come in, sellers often end up paying:

  • when the buyer has no agent
  • when the buyer is paying cash
  • when the buyer’s agent does little or nothing
  • when the buyer would have purchased anyway
  • when the buyer already has a compensation agreement with their own agent — see What Is a Buyer Agent Compensation Agreement?

Buyers vary — dramatically. So why should every buyer cost a seller the same?

Brokerless gives sellers the power to adjust compensation based on real circumstances instead of outdated traditions.

Real-World Scenarios Showing Why Flexibility Matters

Here are the real buyer situations happening every day in the post-settlement market — and the reason predetermined commissions no longer make financial sense for sellers:

  • Cash Buyer, No Agent → Seller should pay $0.
  • VA Buyer → Seller may offer compensation so the buyer can participate.
  • Investor Buyer → Zero compensation expected.
  • First-Time Buyer → Small, strategic compensation strengthens the offer.
  • Multiple Offers → Compensation becomes a negotiation tool, not a requirement.
  • Buyer Already Has a Compensation Agreement → Seller should not be obligated to pay.
    Most buyers now sign a Buyer Agent Compensation Agreement, meaning they have already agreed to how their agent will be paid — removing any automatic expectation that the seller must cover it.

Full-service brokers lock you into one outcome for all buyers. Brokerless lets you choose based on reality — not tradition.

Why Full-Service Brokers Don’t Want Sellers to Know This

If sellers realized they could adjust compensation based on actual buyer circumstances, full-service brokers would lose control of the fee structure that has supported their model for decades.

That’s why many still insert predetermined payouts into the listing agreement — even though the MLS no longer requires it.

This undermines the core purpose of the settlement and keeps sellers tied to outdated compensation models. Brokerless exists to break that pattern and give sellers the freedom they deserve.

Keep 100% Control — And Keep More of Your Equity

Brokerless lets sellers list on the MLS without giving up control or paying predetermined commissions.

View Flat Fee MLS Plans →