The Seller is in charge of what compensation or seller concessions they offer

When you’re diving into the world of real estate, especially in today’s market, one of the most pressing questions buyers and sellers ask is about compensation—specifically, who pays the buyer’s agent. It can be a confusing part of the process. But let’s get one thing straight from the start: seller is in charge of the compensation they offer to a buyer’s agent. That’s not new—it’s always been the case. And if you’re asking, “Do I have to pay my buyers agent?”, that’s a fair and important question. The answer? Sometimes yes, and sometimes no. But if the seller isn’t offering compensation, you’re responsible for it—and that can’t be rolled into your mortgage.

That’s why you need to understand this clearly, and why having the right real estate professional on your side matters more than ever.

Why This Matters to You as a Buyer

If you’re a buyer, the assumption for years was simple: the seller pays the commission for both their own agent and the buyer’s agent. While that has often been the case, it wasn’t a rule—it was a decision. That decision still lies with the seller. That’s right—seller is in charge of the compensation they offer to the buyer’s agent, whether it’s the full amount, part of it, or nothing at all.

So when you’re wondering, “Do I have to pay my buyers agent?”, the real answer depends entirely on the choices made by the seller—and how you’ve structured your agreement with your own agent. This needs to be a conversation, not an afterthought. Because if your agent expects compensation and the seller isn’t offering it, then that financial responsibility falls directly on your shoulders. And importantly, you can’t finance this cost through your loan. You need to be ready to pay it out-of-pocket at closing.

Why This Isn’t a Change—But Now More Important Than Ever

Despite what you may have heard, nothing here is new. Sellers have always had the ability to choose whether and how much they offer to a buyer’s agent. The difference now is that the topic is front and center. It’s transparent. It’s part of the negotiation and part of the planning. And that’s exactly where it should be.

There’s no more assuming. No more surprises. No more confusion at the closing table. As a buyer, you must be crystal clear on your agent’s expectations and what your potential financial responsibilities are. And as a seller, you have to think strategically about what compensation you want to offer—if any—based on your goals and the kind of buyer traffic you want to attract.

Sellers Continue To Have the Power to Set Compensation Terms

Under the new NAR guidelines, sellers continue to not be bound by traditional structures that dictate the compensation offered to buyer’s agents; the settlement just makes this more clear.  Historically, it was common practice for sellers to automatically offer a certain percentage of the sale price as commission to the buyer’s agent yet the power was always in the hands on the seller. However, with the new rules in place, sellers now have more assurance and more clarification that they have the authority to set these terms based on their preferences and the dynamics of the market.

This shift means sellers now feel empowered to negotiate the commission structure more freely, whether that involves offering a flat fee, a lower percentage, or even varying the commission based on the level of service provided by the buyer’s agent. This flexibility can lead to cost savings for sellers but also have negative ramifications on their property listing depending on the price point.

Why This Matters: Listing brokerages should not be limiting the ways that sellers wish to present their properties when it comes to compensation or sellers concessions.

Understanding Your Options as a Seller

Let’s talk directly to sellers for a moment.

You’re preparing to list your property. You’ve chosen a REALTOR, likely weighed staging, pricing, and marketing plans. But now there’s another crucial decision: whether or not you will offer compensation to a buyer’s agent. As mentioned, the seller is in charge of the compensation they offer. That means you have three clear options:

1. Fully compensate the buyer’s agent.

2. Partially compensate the buyer’s agent.

3. Offer no compensation to the buyer’s agent at all.

Each option has its own set of considerations and implications. If you fully compensate, you may attract more buyer interest, especially from buyers who aren’t in a financial position to pay their agent directly. If you offer partial compensation, it might still be enticing while saving you some expense. If you offer nothing, you may limit your pool of buyers or cause hesitation among agents who are advising those buyers.

And let’s be honest—if you’re asking a buyer to bring thousands of dollars more to the table to pay their own agent, that could affect their purchasing decision.

It’s a strategic move. And it’s one you shouldn’t make in a vacuum.

What Buyers Need to Know About Paying Their Agent

Back to buyers. If your seller isn’t offering any compensation, or only part of it, and your agent isn’t waiving their fee, you are legally obligated to pay the difference. So the question of “Do I have to pay my buyers agent?” becomes real.

In short—yes, you may have to. And again, that cost cannot be wrapped into your home loan. This is a check you’ll need to write at closing.

That’s why it’s more important than ever to know what your agreement with your buyer’s agent says. Are they expecting a set amount regardless of what the seller contributes? Are they flexible? Do they require a minimum? These aren’t questions to ask once you’re already under contract. You should be clear from the very beginning—and that clarity starts by working with someone like Robbie English.

Strategizing Compensation to Align with Market Conditions

With the new rules, sellers need to be more strategic about the compensation they offer to buyer agents. This is not just about the dollar amount; it’s about understanding the current market dynamics and how compensation can influence buyer behavior.

Why This Matters: In a buyer’s market, where there are more homes for sale than there are buyers, offering a higher commission to buyer agents could make a significant difference in how quickly your home sells. Conversely, in a seller’s market, where demand outstrips supply, you might not need to offer as high a commission to achieve the same result. The key is to understand the balance of power in your local market and adjust accordingly.

Negotiation Strategies May Evolve

As sellers gain more control over compensation and concessions, the negotiation process between sellers, buyers, and their respective agents may see some changes. Buyers’ agents may need to adjust their strategies, possibly by advocating more strongly for their clients or finding creative ways to ensure their commission is protected.

For sellers, this means working closely with their listing agent to develop a strategy that aligns with their goals. Whether the focus is on maximizing profit, selling quickly, or finding the right buyer, the ability to negotiate terms of compensation and concessions offers sellers a powerful tool to achieve their desired outcome.

As a seller, it’s important to remember that everything in a real estate transaction is negotiable, including seller concessions. While concessions can be a useful tool to close a deal, they should be used strategically.  At the same time, sellers will continue to be challenged with the same issues as they always have — attracting a ready, willing, and abled buyer.

Why This Matters: Knowing when and how to offer concessions without undermining your financial goals is crucial. For example, if a buyer requests that you cover all closing costs, consider negotiating a higher sale price to offset this expense. Alternatively, you might agree to certain repairs or offer a credit instead of lowering your asking price. The goal is to keep the negotiation balanced and ensure that the concessions you offer don’t result in a net loss.

Why Working With Robbie English Makes All the Difference

Navigating the compensation landscape is not something you should take lightly. It’s more than a box on a form. It’s about strategy, value, and partnership. And this is where Robbie English, Broker and REALTOR at Uncommon Realty, brings undeniable advantages to your transaction.

Robbie is not just any agent. With decades of real estate experience, Robbie has mastered the intricacies of the industry so you don’t have to. His expertise becomes your edge in the market. He doesn’t operate on assumptions—he works from a place of strategy, education, and clarity.

You don’t want someone winging it. You want someone who knows how to explain these issues clearly and advocates fiercely for your best interest—whether you’re buying, selling, or just exploring your options. That’s Robbie.

As a national real estate speaker and instructor, Robbie teaches agents across the country how to handle situations exactly like this. That means he’s not just practicing real estate—he’s shaping how it’s done. That’s the kind of leadership and mastery you want in your corner.

Implications for Buyers and Buyers’ Agents

The new guidelines also have significant implications for buyers and their agents. Buyers may need to be more aware of the compensation structure as it could affect the overall cost of their purchase. Additionally, buyers’ agents will need to be more proactive in discussing compensation and how it aligns with their client’s budget and expectations.

In some cases, buyers may be asked to contribute to their agent’s commission, especially if the seller offers a lower-than-expected rate. This could lead to more upfront conversations about the value that the buyer’s agent brings to the transaction and how their services impact the buyer’s purchasing decision.

I think the most frustrating issue with the settlement is that buyers are now being forced to sign a buyer represenation agreement before seeing a home.  In some cases I am afraid that the buyer will not have been able to make the wisest choice or know their options clearly before they agree to be bound to such a contract.  I am a firm believer that all parties (buyers and sellers) should have been issued with mandated diclosures explaining their rights should their agent somehow have failed to correctly instead of forcing them to sign a buyer agency contract.  Hopefully buyers will learn to slow down, due their agent due diligence and then look for a home with the right agent.

What to Talk About With Your Agent

If you’re buying, sit down with your agent and talk compensation early. This is not something to leave until you’ve found your dream home. By then, you could already be financially committed. Ask your agent directly, “Do I have to pay my buyers agent?” Don’t be shy about it. Know what they expect—and what happens if a seller doesn’t offer enough, or anything at all.

Make sure you understand:

• What they charge.

• What happens if the seller doesn’t pay.

• How those charges are paid and when.

• Whether you have any room for negotiation.

On the other side of the table, sellers should ask their listing agent how offering—or not offering—compensation to a buyer’s agent could impact marketability, days on market, and final price. It’s about strategy, not just savings.

This is exactly where Robbie English and his team shine. They’ll walk you through every scenario, explain every option in plain terms, and help you decide what works best for your personal and financial goals. No pressure. No confusion. Just expert-level guidance and full transparency from start to finish.

The Market Is Changing, But Your Rights Haven’t

Despite recent headlines and legal buzz, the core truth remains the same: seller is in charge of the compensation they offer to the buyer’s agent. Always have been. But now, everyone’s more aware—and that’s a good thing. Transparency helps everyone make smarter choices.

And for buyers, that awareness must translate into action. If the seller isn’t covering the cost and your agreement says your agent still gets paid, then the answer to “Do I have to pay my buyers agent?” is a firm yes. That means understanding your financial picture differently. It might change the price point you target or how you negotiate.

Buyers must budget for it. Sellers must consider it. And agents must communicate it. This isn’t just about commission—it’s about clarity, fairness, and trust.

Robbie English: The Real Estate Strategist You Need

When these conversations start feeling overwhelming—and they will—you want someone like Robbie guiding you through. Not every agent has spent decades mastering the nuances of real estate. Not every agent teaches hundreds of other REALTORS how to do this work. But Robbie does.

He knows how to position your property for maximum visibility, how to make smart decisions about compensation strategy, and how to keep you fully informed every step of the way. Whether you’re asking “Do I have to pay my buyers agent?” or deciding what to offer as a seller, Robbie’s guidance ensures you’re never guessing.

He doesn’t just know the rules—he understands the psychology behind them, the strategies that matter, and the ways to turn a complicated process into a clear path forward. You deserve that kind of excellence.

Leveraging Your Agent’s Expertise

In this new era of real estate transactions, the role of the seller’s agent has evolved. While sellers now have more control over compensation and concessions, the expertise of a seasoned real estate agent is invaluable in navigating these decisions.  Sellers also have to be mindful of understanding their options and not being loopholed into a certain strategy that a particular firm has chosen to “be the best” option.

In Texas, as far as the listing agreement goes, we have several options for sellers to consider.  In 5A1 a seller can offer a buyer agent compensation similar to they always have in the past.  In this section it allows for the seller’s agent to handle a unrepresented buyer and be compensated as well as for intermediary (agent brings a buyer represented by a buyer’s agent of the same brokerage).

In 5B2, the seller can offer to just compensate the listing agent and choose to offer seller concessions or no seller concessions to the buyer for the buyer agent compensation or anything else they would like to apply those fund toward.

Both options have challenges and both options have benefits.  For decades sellers have chosen to offer bonuses to buyers agents as well as increased compensation figures to attract more eyes to their properties.  These issues will not go away as the seller will have the continued issue of attracting buyers.  The important thing to remember is to work with a firm that explains fully your options in 5A1 and 5B2 and allows you as the seller to choose the best route for you and your property.  You deserve no less than to be offered all of the rights afforded to you under the listing agreement and choose the route you think is best.  At Uncommon Realty, we will be doing just that.  We will work to make sure you as the seller have the most available options and information to make your choices.  We have vowed to not limit your choices by what we deem is the best option because that is not our right.  Our job is to educate and represent you and that is what we are going to do.

Why This Matters: A good real estate agent will provide critical market insights, helping you set the right compensation level and determine when and how to offer concessions. They can also guide you through the negotiation process, ensuring that your interests are protected while maximizing the attractiveness of your property to potential buyers.  Also, a good real estate agent should allow the seller to make the best choices regarding seller concessions and/or buyer agent compensation.

Take Action: Don’t Wait Until It’s Too Late

Whether you’re buying your first home or preparing to sell, the topic of agent compensation can’t be avoided. It must be addressed head-on, early, and with the right advisor. You now know that the seller is in charge of the compensation they offer, and you also know that if they offer nothing, the answer to “Do I have to pay my buyers agent?” is almost certainly yes.

Don’t leave this to chance. Don’t make assumptions. The earlier you discuss this with your agent—and the smarter you are about the decisions you make—the better your outcome will be.

That’s where Robbie English and his team come in.

This isn’t just about closing a deal. It’s about doing it right, with intention, with transparency, and with professionals who know what they’re doing.

Let Robbie put his decades of experience, national recognition, and deep local knowledge to work for you. Real estate isn’t just his profession—it’s his craft. And when you work with Robbie, you get the benefit of all of it.

Let’s talk. Let’s make your real estate move the smartest one yet.

As Far As Seller Concessions Go: Tailoring Your Offer to the Market

Seller concessions are incentives that a seller offers to the buyer, often to help close the deal. These can include covering closing costs, paying for home warranties, offering repair credits, or even buyer agent compensation. With the changes from the NAR settlement, sellers now have more flexibility in determining the extent and nature of these concessions.

Another significant change is how seller concessions are handled. Previously, seller concessions—such as covering closing costs, providing home warranties, or making specific repairs—were often expected or included as part of the negotiation process. The revised guidelines make it clear that seller concessions are not an automatic expectation. Sellers have the right to decide whether to offer concessions and under what circumstances.

This empowers sellers to be more strategic in their negotiations. For instance, in a seller’s market where demand is high, a seller may choose to offer minimal or no concessions. Conversely, in a buyer’s market, where competition is tougher, offering concessions might be used as a tool to attract offers. The decision lies firmly in the seller’s hands, allowing for a more customized approach to each transaction.

Why This Matters: The power to offer concessions allows sellers to make their property more attractive, especially in a competitive market. However, it’s important for sellers to recognize that these concessions come directly from their bottom line. Understanding the local market conditions is crucial—offering too much can erode profits, while offering too little might cause the property to linger on the market.

The Importance of Professional Guidance

Given the complexity of these changes, professional guidance from a knowledgeable real estate agent is more important than ever. Sellers should seek an agent who understands the new guidelines and can help them navigate the process effectively. An experienced agent can provide valuable insights into market conditions, suggest appropriate compensation and concession strategies, and ensure that all legal requirements are met.

Buyers, too, should ensure that their agent is well-versed in the new rules and capable of advocating for their best interests. The real estate landscape is evolving, and having a trusted professional by your side can make all the difference in securing a favorable deal.

Embracing the New Reality

The post-settlement changes to the NAR guidelines represent a significant shift in the real estate industry, placing more control in the hands of sellers. By understanding and leveraging these new rules, sellers can take charge of their real estate transactions in ways that were not possible before.

Whether you’re a seller looking to maximize your returns or a buyer navigating a new landscape, staying informed and working with a knowledgeable agent is crucial. The real estate market in Austin is dynamic, and these changes only add to the need for strategic thinking and expert guidance.

With these new powers, sellers in Austin can approach their transactions with confidence, knowing that they have the tools to shape the compensation and concession terms to best suit their needs but I hope they keep their egos in check because it takes two to tango – a buyer and a seller.