You do — unless the seller agrees to help. Since the NAR settlement took effect in August 2024, sellers no longer automatically offer buyer-agent compensation through the MLS. Buyers now agree on their agent's fee in a written agreement before touring homes, and you can still ask the seller to cover it as part of your offer. Here's exactly how it works in North Carolina.

What changed about buyer agent commissions?

The National Association of Realtors' $418 million antitrust settlement rewrote the default. The practice changes took effect August 17, 2024, and the two that matter to buyers are: (1) listing agents can no longer advertise offers of buyer-agent compensation on the MLS, and (2) agents must have a written agreement with a buyer — spelling out services and fees — before touring a home in person or virtually.

Before, the seller typically paid both agents (often around 5–6% total, split), and the buyer's share was posted on the MLS as part of the listing. That default is gone. What replaced it is a conversation: you and your agent agree on compensation upfront, in writing, before the first showing.

Do I have to pay my agent out of pocket?

Not necessarily. There are three common paths, and they can be combined:

1. You pay your agent directly at closing, per your written agreement.
2. You ask the seller to cover it. Your offer can request that the seller pay your agent's fee or provide a credit — negotiated like any other term.
3. A combination of both.

In practice, most transactions still involve the seller contributing something. The settlement didn't remove commissions; it made them transparent and negotiable instead of automatic. In the Charlotte market, seller contributions toward buyer-agent compensation remain common in negotiated offers — particularly where buyers are stretching on price.

Do I have to sign something before touring a home?

In North Carolina, yes. Listing service rules require a written buyer agreement before an agent tours a home with you, in person or virtually. But "written agreement" doesn't mean you're locked in blindly.

North Carolina has two flavors: an exclusive buyer agency agreement and a non-exclusive one. A non-exclusive agreement lets you work with an agent for specific homes or a limited area while you decide whether it's a fit — a solid starting point if you're still shopping for an agent. And under North Carolina license law, oral agency still covers everything short of touring: sending you listings, meeting at the office to talk strategy, discussing the market. The written part kicks in when it's time to walk through doors.

Can I negotiate my agent's fee?

Yes. Commissions have technically always been negotiable; the new rules just made that impossible to ignore. Before you sign anything, ask three questions:

1. What's your fee, and exactly what does it cover?
2. What happens if the seller offers to pay my agent's compensation?
3. Can we start with a non-exclusive agreement?

An agent who answers these clearly is an agent you can trust with the biggest purchase of your life. One who dodges them is telling you something.

What I tell my buyers

Although on paper, the buyer is responsible for paying their buyers agent, it is still very common in the greater Charlotte market for the seller to cover most, if not all of the buyer agent's compensation from their proceeds. This can sometimes become a point of negotiation, depending on the type of offer the buyer is submitting.

The bottom line

The fee conversation now happens before the first tour, not at the closing table. If you're buying in Matthews or anywhere around Charlotte, let's talk through your options — including whether starting with a non-exclusive agreement makes sense — before you sign anything.

Ready to talk it through? Book a 15 minute conversation with Pat here.