Buyer & Seller Guides
How the New Real Estate Commission Rules Work: A Plain-English Guide for North Shore Buyers and Sellers
Kathleen Militello · Published October 7, 2026 · Updated October 7, 2026 · 12 min read
Buyer & Seller Guides
Kathleen Militello · Published October 7, 2026 · Updated October 7, 2026 · 12 min read
The real estate commission rules changed more than two years ago now, and I still hear the same confusion at tables across the North Shore: Do I have to sign something before I see a house? Am I suddenly paying my agent? Who pays who now? This guide is my plain-English version of how the new rules actually work for buyers and sellers, what to expect when you sign, and the questions worth asking before you do.
Key Takeaways
Since August 17, 2024, listing agents can no longer advertise offers of buyer-agent compensation through the MLS; that compensation is now negotiated directly between the buyer and their agent.
Before touring a home in person or virtually, buyers sign a written buyer agency agreement that states compensation objectively, and the agreement must say plainly that compensation is not set by law and is fully negotiable.
There is no automatic payer anymore: the buyer's agent can be paid by the buyer, through a seller concession in the purchase agreement, or a combination, and the arrangement is disclosed to both sides.
Sellers still decide whether to contribute to the buyer's side, now as an explicit concession rather than a hidden MLS offer, and whether it helps depends on the market, the home, and the negotiation.
The rules changed how agents are paid, not what great agents do: negotiation, precise pricing, marketing, and deep local knowledge are still the whole job on the North Shore.
One settlement, one new normal
In March 2024, the National Association of Realtors agreed to settle a class action over how commissions were advertised, and the practice changes took effect on August 17, 2024. The core change is simple: a listing can no longer advertise an offer of buyer-agent compensation through the MLS, the industry database agents use to share listings.
That one change untangled an old system where the seller's side effectively set what the buyer's agent was paid, and it quietly moved the customer relationship to the center. Today, compensation for a buyer's agent is negotiated directly between the buyer and their agent, and it is fully negotiable, because nothing about it is set by law.
Written, before the first showing
Before an agent shows you a home, in person or virtually, you will now sign a written buyer agency agreement. That document has two jobs: it makes official that the agent represents you, and it states objectively what they will be paid for it.
The agreement must put the compensation in concrete terms: a flat fee, a percentage, an hourly rate, or zero, for example, with how it will be determined spelled out. It also must include a clear statement that compensation is not set by law and is fully negotiable, and the agent cannot collect more than the agreement says.
Please read it like a contract, because it is one. The agent should walk you through every line before you sign, and in Massachusetts your attorney can review it with you as well. If anything feels vague, that is the moment to ask, not after you have toured ten houses.
Several real answers, not one
There is no longer an automatic answer, and that is the point. A buyer's agent can be paid in several ways, and the mix depends on the negotiation: the buyer pays their agent directly, the seller agrees in the purchase agreement to a concession that covers the buyer's agent, or the two arrangements combine.
What disappeared is the backdoor version: a hidden, advertised MLS offer that the buyer never saw. Now the payment is disclosed, negotiated, and written down where everyone can see it. For many North Shore buyers, sellers still choose to offer a concession as part of the deal, because it makes their offer more attractive to a ready buyer, but it is now an explicit part of the negotiation rather than a silent assumption.
The honest takeaway: the cost of representation is a number you negotiate, and you should know it before you start looking, not at the closing table.
No MLS offer, but plenty of flexibility
Homeowners selling will notice that their listing no longer includes a field for buyer-agent compensation. That does not mean you cannot help a buyer's agent get paid; it means you decide whether to, and you do it as a concession in the purchase agreement, where it becomes part of the price and terms the buyer sees.
Sellers commonly ask whether offering a concession is still a good idea, and my honest answer is that it depends on your market and your home. In a competitive town like Beverly or Salem, a seller who contributes to the buyer's side widens the pool of qualified buyers. In a bidding situation it may be unnecessary. A skilled local agent walks you through the tradeoff with current, local examples rather than a formula.
Either way, nothing about compensation is hidden from you. You will see exactly what you are agreeing to before you accept an offer, and that transparency is one of the genuine improvements of the new rules.
Read it like a contract
What services does this agreement cover: search, showings, offers, negotiation, and through closing?
How will you be compensated, and how much, stated in dollars, percent, or hourly terms?
What happens if the seller offers a concession that covers your fee, and who keeps any difference?
How long does the agreement last, and how do I end it if we are not a fit?
Does the agreement cover every home I see, including homes I find on my own?
What do I pay if nothing is negotiated at all, and what happens if the work ends early?
None of these are trick questions. They are the questions I want every North Shore buyer to feel comfortable asking, because a good agent answers them happily.
What did not change
Commissions are not capped, banned, or fixed by the settlement; they are negotiated, and they were always negotiable.
Sellers are not automatically paying a buyer's agent anymore, but they may still choose to, openly, as a concession in the purchase agreement.
Buyer representation existed long before 2024; what changed is the written agreement before touring and the removal of advertised MLS compensation.
Signing a buyer agency agreement does not lock you in forever; it defines a scope and a term, which you should read and understand.
A buyer is not automatically paying out of pocket; direct payment is one option among several, and plenty of North Shore deals still include a seller concession.
Negotiation, marketing, and knowing the coast
The rules changed how compensation is arranged; they did not change what a great agent does. On the buying side, that is negotiation: knowing what a home is really worth in a specific North Shore town, writing an offer that competes, and handling the inspection, financing, and attorney phases without dropped balls. On the selling side, it is pricing and marketing: positioning a home against verified, current sales, getting it in front of the right buyers, and negotiating terms rather than just price.
The local piece is the part no script can replace. Salem, Beverly, Ipswich, Gloucester, and Manchester-by-the-Sea behave like different markets even when they are twenty minutes apart, and the agent who has negotiated in each one brings context you cannot look up.
I have been licensed since 2003 and working in real estate full time since 2007, and I have closed hundreds of transactions across this exact corner of the state. My job is to protect your interests, and the new rules actually make that easier, because your representation is now an explicit agreement you understand instead of a silent arrangement.
Know before you sign
Here is the whole guide in three sentences. Buyer agency is now a written, negotiated agreement you sign before touring, with compensation stated objectively and fully negotiable. Sellers decide whether to contribute to the buyer's side, openly, as part of the purchase agreement. And in both cases, the agent you choose matters more than the rules, because negotiation, marketing, and local knowledge are what actually move the outcome.
If you are buying or selling on the North Shore and want someone to walk you through the new rules in plain English, that is a conversation I enjoy. We will talk through what representation should look like for you, what it should cost, and how the process flows here in Massachusetts. Call or text me at (978) 500-1480 or book a conversation, and bring your questions. Warmly, Kathleen Militello, RealtorĀ®, eXp Realty.
Ask Kathleen
Straight answers to the questions buyers and sellers ask before they sign.
Yes. Under the current practice rules, before an agent shows you a home in person or virtually, you sign a written buyer agency agreement that states how the agent will be compensated. It is negotiable, it is not set by law, and you should read it with your agent before signing.
Not automatically. Many sellers still choose to offer a concession covering the buyer's agent, and that appears in the purchase agreement where everyone can see it. Some buyers pay their agent directly. The total is negotiated, so the answer depends on your market, your offer, and your representation, not on a new fixed rule.
Compensation is fully negotiable. The buyer can pay their agent directly, the seller can agree to a concession in the purchase agreement, or the two sides can combine. What ended is the hidden, advertised MLS offer; today the arrangement is written, disclosed, and agreed to by both sides.
Yes, when the seller chooses to, but now it is explicit: the seller offers a concession as part of the purchase agreement rather than an automatic, advertised amount. Whether it makes sense depends on the market, the home, and the negotiation, which is where local experience shows up.
Absolutely. The compensation amount and structure, the length of the agreement, and the scope of services are all negotiated between you and your agent before you sign. If an agent is unwilling to talk through the terms, that alone tells you something.
The same questions and answers, un-styled and sequential, so they can be read and extracted easily.
Q: Do I have to sign a buyer agency agreement before viewing homes in Massachusetts?
A: Yes. Under the current practice rules, before an agent shows you a home in person or virtually, you sign a written buyer agency agreement that states how the agent will be compensated. It is negotiable, it is not set by law, and you should read it with your agent before signing.
Q: Will the commission changes make buying a home more expensive?
A: Not automatically. Many sellers still choose to offer a concession covering the buyer's agent, and that appears in the purchase agreement where everyone can see it. Some buyers pay their agent directly. The total is negotiated, so the answer depends on your market, your offer, and your representation, not on a new fixed rule.
Q: Who pays the buyer's agent under the new rules?
A: Compensation is fully negotiable. The buyer can pay their agent directly, the seller can agree to a concession in the purchase agreement, or the two sides can combine. What ended is the hidden, advertised MLS offer; today the arrangement is written, disclosed, and agreed to by both sides.
Q: Do sellers still pay a buyer's agent commission?
A: Yes, when the seller chooses to, but now it is explicit: the seller offers a concession as part of the purchase agreement rather than an automatic, advertised amount. Whether it makes sense depends on the market, the home, and the negotiation, which is where local experience shows up.
Q: Can I negotiate my buyer agency agreement?
A: Absolutely. The compensation amount and structure, the length of the agreement, and the scope of services are all negotiated between you and your agent before you sign. If an agent is unwilling to talk through the terms, that alone tells you something.
Independent sites worth a look for general market and school information.
Written by
Kathleen Militello, Realtor®
The Militello Team · AI Certified Agent™ · Certified Negotiation Specialist™ · eXp Realty
Keep your reading going
The new rules sound complicated, but the conversation is simple: what representation should look like for you, what it costs, and how we protect your interests from the first showing to closing.
This article explains the commission practice changes that followed the 2024 industry settlement in plain language. It is general information, not legal advice, and every agreement in Massachusetts is worth reviewing with your attorney before you sign.
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