You probably remember the headlines from a couple of years ago. Something like “Major lawsuit forces real estate industry overhaul. Buyers may now have to pay their own agent.” You might have even talked about it with someone and then moved on.

Here’s the problem: A lot of people formed strong opinions about that settlement and never updated them.

And right now, those people are either sitting on the sidelines thinking things are harder than they are, or walking into a transaction with assumptions that are flat-out wrong. So let’s clear it up.

What the NAR settlement actually changed. In 2024, the National Association of REALTORS® settled a major antitrust lawsuit. The part that got all the attention was this: buyer agent compensation can no longer be advertised on the MLS, which is the database where agents list homes for sale. Under the old system, every listing included a built-in offer of compensation to the buyer’s agent. That piece went away.

The other change: if you’re a buyer working with an agent, you now sign a written buyer representation agreement before you start touring homes. It spells out what your agent charges and what you’re getting for that fee.

That’s it. That’s what changed.

What didn’t change. Here’s the part that got buried: Sellers can still offer to pay the buyer’s agent. That option never went away. The rule changed where the conversation happens, not whether it happens. And right now, sellers are still covering the buyer’s agent fee in most transactions nationwide.

The average commission in 2026 is about 5.7%, according to Clever Real Estate’s 2026 survey. The commission collapse that people predicted didn’t happen.

What this means if you’re a buyer. Before you start touring homes with an agent, you’ll sign a written agreement. It outlines the fee and what your agent is responsible for delivering. Most people see that and get nervous. It feels like you’re on the hook for something extra.

But here’s how it actually plays out in most deals: Your agent can negotiate the seller’s contribution to cover that cost as part of your offer. It’s structured the same way as asking for help with closing costs, which buyers have been doing for years. The paperwork looks a little different. The result is usually the same.

The data backs this up. According to NAR’s 2025 Profile of Home Buyers and Sellers, 88% of buyers still purchase through an agent or broker. That number held steady after the rule changed. People still want someone in their corner helping them find the right home, negotiate terms, and catch the things they might not catch on their own.

The written agreement is actually a better deal for you as a buyer because everything is spelled out upfront. No surprises. You know exactly what you’re paying for before you’re emotionally invested in a house.

What this means if you’re a seller. This is where I want you to slow down and think carefully. You’re no longer required to offer buyer agent compensation. I’ve had clients come to me saying, “Great, I’ll just skip it and save the money.” I understand the instinct, but let’s think about what that looks like from the buyer’s side.

If a buyer has to come up with an extra 2.5% to 3% out of pocket just to have someone represent them, many buyers will look at listings where the seller already covers that cost.

That usually means fewer showings, a smaller buyer pool, and more days on market, which typically leads to a lower sales price. The money you thought you were saving ends up costing you more on the back end.

The sellers I’m seeing get the best results right now are those working with their agent to figure out the smartest approach for their specific situation. Not a blanket rule one way or another. A strategy that’s built around their home, their timeline, and their market.

The bottom line. The rules changed. The fundamentals did not. Buyers still want representation. Sellers still benefit from having as many qualified buyers as possible walking through the door. The commission conversation is still a negotiation. It’s just happening in a different place. And more transparency in that process is a good thing for everyone.

If you bought or sold before 2024 and you’re thinking about making a move, whether that’s here in San Mateo County or somewhere else, it’s worth a quick conversation before you’re already in the middle of it. I’d rather spend 20 minutes answering your questions now than watch you get tripped up by something you didn’t know had changed.

Call or text me directly at (650) 274-3598. That’s the fastest way to reach me. You can also email Burt@RealEstateBurt.com or visit blog.realestateburt.com. I’ll talk through your situation and figure out what makes sense.