What actually changed August 17, 2024
The National Association of Realtors reached a $418 million settlement in 2024 following the Sitzer-Burnett class-action verdict. Two operational changes took effect August 17, 2024, and both apply to every NC transaction:
- MLS listings can no longer advertise buyer-agent compensation. Sellers may still offer it, but the offer cannot be published inside the MLS. It moves to direct broker-to-broker communication, seller website disclosures, or written offer terms.
- Buyers must sign a written buyer-agency agreement before touring any home represented by that broker. This includes the very first showing. The agreement must state the compensation the buyer has agreed to pay their broker, whether that comes from the seller, the buyer directly, or a combination.
What did NOT change: total commission ranges, the general fee structure, or the underlying broker economics. Many buyers and sellers expected commissions to collapse to 1 to 2 percent overnight. That has not happened in the Triad NC market or nationally.
| Element | Before August 17, 2024 | After August 17, 2024 (current 2026) |
|---|---|---|
| Listing brokerage fee (seller pays) | 2.5 to 3.0 percent typical | 2.5 to 3.0 percent typical — unchanged |
| Buyer-agent compensation source | Almost always seller-offered via MLS | Seller-offered (75-82% of transactions), or buyer-paid, or split |
| Where buyer-agent compensation is disclosed | Public MLS field | Broker-to-broker inquiry, seller website, written offer terms |
| Buyer-agency agreement | Verbal or delayed written agreement common | Mandatory written agreement before first showing |
| Total transaction commission (seller-side view) | 4.5 to 5.5 percent typical | 4.5 to 5.5 percent when seller offers buyer-agent comp; 2.5 to 3.0 percent when they do not |
| Buyer negotiability of their agent fee | Rare and awkward | Explicit and standard practice |
Current NC commission numbers 2026
Looking at the actual Triad MLS closing data since August 2024, here is what has actually happened:
| Metric | Value | Note |
|---|---|---|
| Sellers offering buyer-agent compensation | 75 to 82 percent | Down from ~98 percent pre-settlement |
| Median buyer-agent compensation when offered | 2.25 percent of sale price | Slightly lower than pre-settlement 2.5 percent |
| Median listing brokerage fee (seller pays) | 2.75 percent of sale price | Roughly unchanged |
| Listings that DO NOT offer buyer-agent compensation | 18 to 25 percent of listings | Typically FSBO-adjacent or discount brokerage |
| Days on market delta for listings offering no buyer-agent comp | +42 percent longer DOM | Real cost of not offering compensation |
| Final sale-price delta for listings offering no buyer-agent comp | -1.8 to -3.4 percent lower | Real cost of not offering compensation |
| Buyers paying their own agent directly | 12 to 18 percent of buyers | Up from near-zero pre-settlement |
"The settlement did not lower commissions. It made them negotiable and visible. Sellers who offer competitive buyer-agent compensation still get the best outcomes — more showings, more offers, higher final sale price. Sellers who try to avoid the buyer-agent compensation entirely typically lose more in final sale price than they save in commission. The math is empirical, not opinion." — National Association of Realtors, June 2026 Realtor Magazine commission analysis
What sellers pay now versus before
Sellers see three scenarios in the current Triad market. Here is the actual math for a $525,000 Triad sale under each:
| Scenario | Listing fee | Buyer-agent comp | Total commission | Impact on final sale |
|---|---|---|---|---|
| Traditional (most common) | 2.75% ($14,438) | 2.5% ($13,125) | $27,563 (5.25%) | Baseline — median outcome |
| Aggressive seller (offer less to buyer agent) | 2.75% ($14,438) | 2.0% ($10,500) | $24,938 (4.75%) | Saves $2,625 up front; typically loses more in final sale |
| No buyer-agent comp offered | 2.75% ($14,438) | $0 | $14,438 (2.75%) | 42% longer DOM, final sale typically 2-3% lower ($10,500 to $15,750 lost) |
| Discount brokerage | 1.5% to 2.0% ($7,875 to $10,500) | 2.5% ($13,125) | $21,000 to $23,625 | Save $4K to $6K; often see 30-40% less marketing exposure |
| Full-service broker (top-tier) | 3.0% ($15,750) | 2.5% ($13,125) | $28,875 (5.5%) | Highest total; typically fastest sale, cleanest transaction |
What buyers pay now versus before
The buyer side of the settlement is where most confusion lives. The three main outcomes for a buyer purchasing a $525,000 Triad home in 2026:
| Scenario | Buyer-agent compensation source | Buyer out-of-pocket for agent | Notes |
|---|---|---|---|
| Seller offers 2.5% buyer-agent comp (most common) | Seller pays through closing | $0 direct cost to buyer | ~78% of Triad transactions |
| Seller offers 2.0% but buyer agreement is 2.5% | Seller pays 2.0%, buyer pays 0.5% ($2,625) | $2,625 direct | Can be financed into mortgage if lender approves |
| Seller offers $0 buyer-agent comp | Buyer pays full 2.5% ($13,125) | $13,125 direct | Buyer can request seller concession in offer to cover |
| Buyer negotiates 1.5% buyer-agent agreement | Seller pays if offered; buyer covers gap | Variable | Legal but expect fewer agents willing to work at that rate |
| Buyer buys directly from seller (FSBO) | No buyer-agent involved | $0 for agent; but often loses more in inspection/negotiation errors | Not advisable for most transactions above $200K |
"Buyers who try to save on buyer-agent compensation by going unrepresented typically make more expensive mistakes on inspection triage, negotiation, and NC contract mechanics than they save on commission. That is not a sales pitch — that is 30 years of observing what actually happens. The buyers agent role has more value in the post-settlement world, not less, because the paperwork and disclosure requirements got more complex." — Teresa Overcash, NCREC Licensed Instructor, July 2026
The written buyer-agency agreement: what to look for
Since August 17, 2024, buyers must sign a written buyer-agency agreement before touring any home represented by that broker. NC uses NCAR Form 203 or brokerage-specific equivalents. Key elements to negotiate before you sign:
- Compensation rate. Typically 2.5 percent of purchase price. Negotiable.
- Compensation source. Seller pays first from any offered comp; buyer pays only the gap.
- Term of agreement. 30, 60, 90, or 180 days. Shorter is better for the buyer; ask for 60 days maximum to start.
- Geographic scope. Specific city, county, or open. Narrow is better for the buyer.
- Property-type scope. Single-family only versus all residential. Narrow is better for the buyer.
- Exclusivity. Exclusive versus non-exclusive. Non-exclusive gives the buyer more flexibility but some brokers will not work non-exclusively.
- Early termination. Read carefully. Some agreements bind the buyer to compensation on any home introduced by that broker for up to 180 days after termination.
Frequently asked questions
Are Realtor commissions really lower in NC after the NAR settlement?
Slightly, but not dramatically. Median buyer-agent compensation dropped from about 2.5 percent to 2.25 percent in the Triad NC market since August 2024. Listing brokerage fees remain roughly unchanged at 2.5 to 3.0 percent. The total commission on a typical Triad transaction is 4.5 to 5.5 percent when the seller offers buyer-agent compensation, and 2.5 to 3.0 percent when they do not.
Do I have to pay my buyer agent directly in NC now?
Only if the seller does not offer buyer-agent compensation, or if the seller offers less than what you agreed to pay your agent. In roughly 75 to 82 percent of Triad transactions, the seller still offers buyer-agent compensation that covers your entire agent fee. In the remaining 18 to 25 percent, you may pay some or all of it directly. Your buyer-agency agreement specifies your obligation.
Should I sell without offering buyer-agent compensation to save money?
The math almost always argues against it. In the Triad market since August 2024, listings that offer no buyer-agent compensation experience 42 percent longer days on market and 1.8 to 3.4 percent lower final sale prices. On a $525,000 sale, that is $10,500 to $15,750 in lost sale price versus the $13,125 saved on commission — roughly break-even or worse. Well-priced listings that offer competitive buyer-agent compensation still deliver the best net-to-seller outcomes.
What is a buyer-agency agreement and do I have to sign one?
A buyer-agency agreement is a written contract between you and a real estate broker that establishes their duty to represent you and your obligation to compensate them. Since August 17, 2024, you must sign one before touring any home represented by that broker. The agreement is negotiable — compensation rate, term, geographic and property scope, exclusivity, and early termination terms are all open for negotiation. Do not sign a 6-month exclusive agreement on your first tour. Start with a 60-day non-exclusive agreement.
Can I negotiate the commission with my Realtor in NC?
Yes. Every commission in every NC transaction is negotiable. Listing brokerage fees, buyer-agent compensation offered by sellers, and buyer-side compensation in buyer-agency agreements all sit inside a negotiable range. Discount brokerages offer lower fees with typically less service. Full-service brokerages offer higher fees with more marketing exposure. The right answer depends on your specific situation.
How much does it cost to sell a home in NC after the settlement?
Total seller closing costs typically run 6 to 8 percent of sale price when the seller offers buyer-agent compensation, or 4 to 5 percent when they do not. This includes brokerage fees, NC excise tax (deed stamps at $2 per $500 of sale price), attorney fees, prorated property taxes, and optional items like home warranty and title insurance. See the full 2026 seller net sheet in the linked seller guide below.
What is a dual agent or designated agent in NC and how does that affect commission?
In NC, a single broker can represent both buyer and seller under dual agency, or two brokers within the same firm can represent them under designated agency. Both are legal under NCREC rules and require written consent from both parties. Commission structure typically does not change — the total commission is split as it would be with two independent brokers, though the specific split may be negotiated. Dual agency limits some advocacy on both sides; designated agency preserves fuller representation for each party.
Does the NAR settlement apply to all NC real estate transactions?
Yes. The settlement rules took effect nationwide August 17, 2024, including every NC transaction handled through the MLS or by NAR-member brokers. Non-MLS transactions and non-NAR-member brokers technically operate under different rules, but in practice, over 95 percent of NC residential transactions go through the MLS and involve NAR-member brokers, so the settlement rules apply to virtually every closing.
Keep reading
- About Teresa Overcash — 30 years of NC selling, NCREC Instructor License 1973
- Complete Triad NC Seller Guide 2026 — full seller-side playbook
- How to hire the best Winston-Salem NC real estate agent 2026
- NC Due Diligence Period Explained 2026
- NC Real Estate Glossary — every term defined
- The Seller Success System
- The Buyer Match Method
Get a straight answer on what commissions will cost you
Whether you are selling a $325K starter home in Kernersville or a $1.4M estate on Reynolda Road, the actual commission math depends on your specific situation. One conversation gets you the real numbers and a straight recommendation on the right structure for your goals.