A: For as long as most can remember, seller’s paid a commission to the listing agent, and that agent would then split the commission with the buyer’s agent, also known as the “selling agent.” With the decision that came down as a result of this lawsuit, commissions can no longer be posted on an MLS sheet for the buyer’s agent to view. That agent must now reach out to the listing agent to see if a commission to the buyer’s agent is going to be paid from the seller’s agent’s total commission, or from the seller him or herself. Any buyer wanting to view a home, must now sign a brokerage relationship disclosure by law with a buyer’s agent, or agent working in that capacity, prior to showing any property. That document will outline the commission the buyer’s agent is to receive and the length of time that representation is to last. In a rare case, if a seller decides he or she wants the buyer to pay his or her agent’s commission, then that brokerage relationship disclosure the buyer signed will come into play with the buyer having the responsibility to pay the commission.

I’ve often used the analogy of buying a car. You either get the discount off your trade-in or off the sticker price, but not both. Essentially you have two different paths to arrive at the same number and this is no different. Virtually all the sellers we know are looking to keep the terms as they have been, as a seller’s expense. The thought is it will increase the size of the number of agents who want to show their property. However, as we’ve shared with our sellers, should they decide they want the buyer to pay the commission, just like every other consideration the buyer is taking into account when making an offer on a property, that commission will now be factored in as well. The result could be an offer that is significantly lower than the commission percentage the buyer will now have to factor in. In short, while there is an extra step that may be involved for a buyer’s agent, we are seeing things pretty much remaining the same.