My Listing Agreement Requires Me to Pay the Buyer’s Agent — Is That Required?
Many sellers are surprised to find language in their listing agreement requiring them to pay a buyer’s agent commission. If you’re uncomfortable pre-determining a cost that isn’t legally required, you’re not alone — and you may have options.
💡 Quick Answer
No law requires a seller to pay a buyer’s agent commission. However, many listing agreements include this obligation by contract — meaning it only applies if you agree to it.
📌 Why Listing Agreements Often Include Buyer Agent Pay
Historically, seller-paid buyer agent commissions were common practice in MLS transactions. As a result, many full-service listing agreements still include this language by default.
Common reasons agents include it:
- To simplify negotiations between buyer and seller
- To make the listing more attractive to buyer agents
- Because it has been industry “standard” for years
But “standard” does not mean required — and sellers are not obligated to accept default terms.
📌 What Has Changed for Sellers
Recent regulatory scrutiny and settlement changes have made one thing clear: real estate commissions are negotiable.
- Sellers are not required to pre-determine buyer agent compensation
- Buyers can negotiate agent fees separately
- Any commission obligation must be clearly agreed to in writing
If a listing agreement requires you to pay a buyer’s agent, it’s because it was included in the contract — not because the law demands it.
⚠️ Why Some Sellers Are Uncomfortable with This Clause
Many sellers question why they should commit to paying for a service they did not hire, request, or control.
Common concerns include:
- Paying a commission before knowing whether a buyer has representation
- Lack of clarity about what the buyer’s agent actually provides
- Reduced leverage if market conditions shift
- Feeling pressured to accept outdated practices
These concerns are reasonable — especially in a market where buyer representation is no longer uniform.
🛠️ Your Options as a Seller
If you’re uncomfortable with the clause, you typically have options before signing:
- Negotiate the buyer agent commission amount
- Cap the commission instead of fixing it
- Remove the clause entirely
- Require buyers to negotiate agent compensation separately
What matters most is that the agreement reflects your comfort level and understanding — not default language.
📌 Why This Should Be Addressed Before Signing
Once a listing agreement is signed, its terms are binding. Sellers often discover this clause only after receiving an offer — when renegotiation becomes more difficult.
Reviewing and discussing commission language upfront can prevent disputes, frustration, and surprises later in the transaction.
📌 Bottom Line
- Paying a buyer’s agent is not legally required
- It only applies if you agree to it contractually
- Listing agreements are negotiable
- You should not feel pressured to accept terms you’re uncomfortable with
Want More Control Over Your Sale?
Brokerless lets sellers list on the MLS without locking into traditional commission structures — so you decide what you pay and when.