Doorlark
Buyers still ask, "Doesn't the seller pay you?" These scripts answer that honestly in under a minute and keep you inside the rules that took effect August 17, 2024.
What the rules require
If you're an MLS participant working with a buyer, you need a written agreement before you tour a home with them, in person or by live video. Under the settlement, the agreement must:
- state the amount or rate of your compensation, or how it will be determined, and make it conspicuous;
- use an amount that's objectively ascertainable, not open-ended. "Whatever the seller offers" isn't allowed. $0, a flat fee, a percentage or an hourly rate are;
- say you won't receive compensation from any source that's more than the amount agreed with the buyer;
- say conspicuously that commissions are not set by law and are fully negotiable;
- include anything your state's law requires.
What NAR policy does not set: the length (one day, one house, one ZIP code), the services, or the type and amount of the fee. A buyer also doesn't need an agreement just to talk with you at an open house or ask about your services.
Script 1: "Can you just show me this one house?"
"Happy to. Before I can tour it with you, I need a short written agreement. It can cover just this house, just this week, and it says what I'd be paid if you buy it with me. Want me to send it now? It takes two minutes to read."
Why it works: it starts with yes, and it shows the agreement can be narrow, which is what most hesitant buyers are worried about.
Script 2: Explaining your fee at the first meeting
"My fee is [amount or rate], and that's the most I can be paid on your purchase, from any source. When we make an offer, we can ask the seller to pay some or all of it. Some sellers offer that up front, some agree to it in negotiation, and some say no. Whatever the seller covers reduces what you'd owe. You'll never owe more than what's in this agreement."
Script 3: The three outcomes
Walk through these with real numbers before the buyer falls in love with a house:
| If the seller... | What happens |
|---|---|
| pays the full fee | The buyer owes you nothing at closing. |
| pays part of it | The buyer covers the difference at closing, or you agree in writing on a lower fee for that house. |
| pays nothing | The buyer pays your fee, adjusts the offer to account for it, or passes on that house. |
"On a [price] home at [rate], my fee is [dollars]. If the seller covers half, you'd bring [half] to closing. Let's ask your lender now how that fits your cash to close, so it's never a surprise."
Check the loan before you ask the seller to pay. A request for the seller to cover your fee can interact with the loan's limits on seller credits. Ask the buyer's lender how they'll treat it, and run any closing-cost credit through the seller concessions calculator.
Replies to common objections
"I thought the seller always pays."
"For years that's how it usually worked, and sellers still often do. What changed is that my pay is agreed with you up front, so you know the number before we see anything. If the seller pays, great. If not, you decide what to do before you're committed to a house."
"Another agent said I don't need to sign anything."
"You don't need one to chat with an agent at an open house. To tour a home with an agent who uses the MLS, you do. If someone offers to tour without one, it's fair to ask them how they'll be paid."
"I don't want to be locked in."
"That's fair. We can make it short, for one house or 30 days, and we can write in how either of us can end it. What length feels comfortable?"
"Your fee is too high."
"Fees are negotiable, and I'd rather talk about it now than later. Here's what's included: [three services that matter to this buyer]. If you want fewer of those, I can offer [lower option]. Which would you rather have?"
Offer only options your broker allows, and never call a fee standard or set by anyone.
"Can you just take whatever the seller offers?"
"I can't write it that way. The agreement has to name a specific amount or rate. What I can do is set a specific number and ask every seller to cover it."
Mistakes that get agents in trouble
- Calling a fee "standard," "required" or "what everyone charges." Fees aren't set by law.
- Filling in the fee and the length before the conversation. NAR's guidance cautions against pre-filling key terms.
- Touring first and signing after, "just this once."
- Steering buyers toward homes based on what the seller offers buyer brokers. Show what fits the buyer's search.
- Taking more than the agreement says from anyone, including a seller who offers more.
General information, not legal advice. Use your brokerage's agreement form and follow your state's law, which may add requirements.
Sources
- NAR, Written Buyer Agreements 101
- NAR, What the NAR Settlement Means for Home Buyers and Sellers
- NAR, Consumer Guide to Written Buyer Agreements
- NAR, Consumer Guide: Offers of Compensation
Checked Oct 26, 2026.
Related
- Buyer Consultation Kit: a 30-minute consult agenda and replies to 8 commission objections.
- Seller Concessions Calculator: limits on seller credits by loan type.
- Commission Split Calculator: what your fee leaves you after the split.
- Open house sign-in sheet: meet buyers before an agreement is needed.
- Open house follow-up emails: including one for visitors who already have an agent.
FAQ
Do buyers have to sign an agreement before seeing a house?
If the agent is an MLS participant, yes. A written agreement is required before touring a home, in person or by live video. It isn't required just to talk with an agent at an open house or ask about their services.
Can a buyer agreement be for just one house?
Yes. NAR policy doesn't set the length or scope, so an agreement can cover one day, one house or one ZIP code, as your state's law allows.
Can the agreement say the agent gets whatever the seller offers?
No. The compensation must be objectively ascertainable, like $0, a flat fee, a percentage or an hourly rate, and can't be open-ended.
Who pays the buyer's agent now?
It's negotiated. The seller may pay some or all of it, often through the offer, and the buyer pays any remainder unless the agreement says otherwise. The agent can't receive more than the amount in the buyer agreement from all sources combined.