In October 2023, a federal jury found that the National Association of Realtors (NAR) and several major real estate brokerages had conspired to inflate commissions in violation of federal antitrust law. The lawsuit, filed in 2019 on behalf of home sellers, challenged industry rules surrounding compensation paid to buyers’ brokers. The dispute went beyond whether individual sellers understood their listing agreements. Source: Associated Press
Antitrust laws promote fair competition and protect consumers from anticompetitive business practices, including unlawful price fixing. In 2024, NAR announced a settlement that included financial compensation and changes to industry practices. NAR continued to deny wrongdoing. Source: NAR
One of those changes directly affects buyers. Beginning August 17, 2024, MLS participants working with buyers became required to enter into a written buyer agreement before touring a home together, whether in person or through a live virtual tour. These agreements explain the services provided and specify the agent’s compensation. Compensation is negotiable, and the agreement does not automatically mean the buyer must pay the entire fee out of pocket. Read NAR’s explanation of written buyer agreements.
Before these changes, written buyer agreements were already common in some markets. For many Florida buyers, however, discussing and signing an agreement before touring a home was an unfamiliar step.
Buying a home is already expensive. The possibility of having to pay an agent’s fee on top of a down payment and other closing costs can feel overwhelming. But buyers should understand their options before deciding to navigate a purchase without professional help.
The scale of that need is substantial. The University of Florida’s Shimberg Center reports approximately 285,000 owner-occupied home-purchase mortgage originations in Florida in 2025. That figure includes first-time and repeat buyers, although it counts loans rather than unique purchases and excludes cash transactions. Source: Florida Housing Data Clearinghouse
Many buyers work all week and spend their evenings caring for their families. They need someone who can research properties, ask questions, organize deadlines, advocate for their interests, and help move the purchase toward closing. An experienced agent can help buyers identify concerns that might otherwise cost them time and money.
I’ll share one example of how my experience helped buyers who were looking for a pool home in Port Orange.
The area was highly sought after, and the inventory of pool homes was limited. My buyers found a property they wanted to see, so I began researching it online. I checked whether the listing agent had posted disclosures for us to review before scheduling a showing.
I could not find any, so I scheduled the showing and let my buyers know that we still needed additional information. The night before our visit, I emailed the listing contact to request the disclosures and ask who owned the property. She provided only a partial answer: The owner was an “institutional seller” selling part of its rental portfolio.
When we arrived, I called the agent whose number appeared on the sign. This was a different person from the one I had emailed. I asked whether the property had flooded during either the 2022 or 2024 storms. He repeated that the owner was an institutional seller and said they did not know whether the home had flooded.
Across the street, a neighboring home had been demolished and replaced with a modular home elevated approximately four to five feet. The agent told me that the neighboring property had flooded.
That did not prove that the home we were touring had flooded, but it gave me a reason to investigate further.
Inside, I noticed a poorly finished drywall seam approximately three and a half feet above the floor in every room. It appeared that the lower sections of drywall had been removed and replaced. That repair pattern raised additional concerns about possible prior water damage, although it did not establish the cause.
I explained what I had observed and why it concerned me. My buyers loved the home and had been considering an offer, but they were not prepared to take on the uncertainty surrounding possible flooding. They decided against moving forward.
How are buyers supposed to know which questions to ask or which warning signs deserve a closer look? They may be focused on the pool, the yard, and the appealing asking price. An agent can help them step back and examine the property more critically.
One of my buyers told me, “I am so glad you saw the poorly repaired drywall seam. I did not notice it at all.”
That comment made me think about buyers who might be deterred from hiring an agent because they are concerned about the cost or uncomfortable signing a buyer agreement.
If you do not have the funds to pay an agent’s fee at closing, remember that both your agent’s compensation and any seller contribution are negotiable. Discuss your budget and the agreement’s payment terms with your agent before signing. You can also ask the seller to contribute toward your agent’s compensation as part of your purchase offer. Source: NAR settlement FAQs
For each property you are interested in, ask your agent whether the seller is offering compensation or is willing to consider a request for it. Knowing this early can help you understand your potential expenses and structure your offer.
At HALL REALTY AND INVESTMENTS, we advise our buyers to consider the purchase price, any seller contribution, and their total cash needed at closing together. A lower purchase price may reduce the down payment and certain expenses, but it does not free up an equivalent amount of cash to pay an agent. Your lender can help compare the actual cash needed under different offer structures.
Another option to discuss is closing-cost assistance, often called a seller concession. This is generally a credit toward eligible expenses at closing—not unrestricted cash handed to the buyer. See our blog post, “Why Would a Seller Give a Buyer Cash at Closing?” for more about how this process works.
The amount a seller can contribute and the expenses that contribution can cover depend on the loan program and lender requirements. Seller-paid buyer-agent compensation may also be treated differently from other closing-cost credits. For example, Fannie Mae excludes certain customary seller-paid agent fees from its financing-concession limits. Your lender should confirm how the rules apply to your purchase. Source: Fannie Mae
At HALL REALTY AND INVESTMENTS, when a seller is not offering enough to cover the agreed-upon agent compensation and our buyers have limited cash available, we recommend obtaining an accurate estimate from their lender before writing an offer. We can then discuss a request for seller-paid compensation, eligible closing-cost assistance, or both.
Why would a seller agree? A contribution can help make the purchase financially possible for the buyer while allowing the seller to achieve an acceptable net return. The seller weighs that contribution alongside the purchase price and other terms of the offer.
In a buyer’s market, where more homes are available and sellers face greater competition, sellers may be more willing to offer assistance to reach an agreement.
The goal is to understand your options early, negotiate clearly, and build an offer that fits your budget while securing the professional support you need.
