Who Pays the Buyer's Agent Now?

In a Fairfield County market where buyers are often competing for the same house, one of the most common questions I am asked has nothing to do with the house. It is about how I am paid, and whether that changed.

It did change, in August 2024. It changed less than the coverage suggested, and in Connecticut it changed less than almost anywhere else in the country.

Here is what actually happened, and what it means when you sit down to write an offer.

What Changed on August 17, 2024

Two things, both traceable to the National Association of Realtors settlement.

The first is that offers of compensation to a buyer’s agent came off the MLS. Before that date a listing carried a published number, and a buyer’s agent could see what the seller was offering without ever picking up the phone. That number is gone from the listing. It is not gone from the transaction.

The second is that a written agreement between a buyer and their agent is now required before touring homes. Under the settlement terms that agreement has to state compensation in objective rather than open-ended terms, and it has to carry a conspicuous statement that fees are fully negotiable and not set by law.

Those are the two changes. Most of what people assumed changed did not.

What Did Not Change, Particularly Here

Compensation was always negotiable. There has never been a standardized rate.

In Connecticut the headline change was barely a change at all. The Connecticut Association of Realtors noted in August 2024 that written buyer agency agreements had been required in this state for nearly thirty years, and that written disclosures telling consumers fees are negotiable and not set by law had been in place for roughly forty. Buyers I worked with in 2015 signed a buyer agency agreement. The rest of the country caught up to something Connecticut had been doing for a generation.

What moved was visibility, not economics.

The Three Arrangements

In practice one of three things happens, and I establish which one applies before we write an offer on anything.

1. The seller pays in full. This remains the most common outcome. The seller and the listing agent agree what the seller will contribute toward a buyer’s agent, that contribution covers my fee, and you pay nothing additional.
2. The seller pays part. The seller contributes, but less than the amount in our agreement. The difference is a real number, and it becomes a term in your offer rather than a surprise at closing.
3. The seller pays nothing. Less common, and it can happen. Our agreement governs and the fee is settled at closing.

The important part is not which one you get. It is that you know which one you are in before you commit to a price.

What a Shortfall Actually Means

This is the part the coverage handled worst, and it is the part that matters most.

If the seller is contributing less than our agreement provides for, we have options, and they are ordinary negotiating options. We can ask the seller to increase the contribution. We can structure the offer so the difference is handled as a credit. Or you can cover the difference directly.

Which one makes sense depends on the house, the competition, and what the seller actually cares about. On a property with three offers, asking for more is a weak move. On a house that has been sitting since spring, it is often the easiest thing the seller will agree to.

None of this is exotic. It is one more term to negotiate, alongside price, closing date and contingencies.

Can You Roll It Into the Loan

The answer here is it depends. A quick google search would tell you no, but in reality it all comes down to how the purchase agreement is papered, which is why we work all of this into the offer upfront. Experience handling situations like this can mean the difference between bringing that cost to closing in cash or not.

What to Actually Ask

Most advice on this stops at “ask your agent how they are paid.” That is correct and useless. Here is what to ask.

• What is your fee, stated as a number or a rate, and what does it cover?
• What happens if the seller offers less than that?
• Will you find out what the seller is contributing before we write an offer, or after?
• How long does this agreement run, and how do I end it if this is not working?

The last one matters more than people expect. An agreement is a commitment in both directions, and you should know how to leave one. If an agent cannot answer those four plainly, that is your answer.

Final Thoughts

The settlement did not make buyer representation more expensive. It made it less visible, which is a different problem and an easier one to solve.

My own practice is straightforward. I find out what the seller is contributing before we write, I tell you what that means for you, and where there is a gap we decide together how to handle it. You should never learn what your representation costs at the closing table.

This is one piece of a larger picture. My buyer’s guide covers what a purchase in Fairfield County actually costs, from the deposit through closing, and if you are moving out from the city my relocation guide walks through the commute, the tax picture and the timeline.

If you are thinking about buying, I would be happy to walk you through the process and help you develop a strategy tailored to your situation. With more than 15 years of experience and a deep understanding of the Fairfield County market, I am committed to delivering a thoughtful, strategic, and white-glove experience from beginning to end.

— Shoshana Snyder, Homes by Shoshana