How Buyer Agents Get Paid After the NAR Settlement in 2026

The National Association of Realtors (NAR) settlement, which took effect on August 17, 2024, represents the most significant structural change to real estate compensation in decades. Anchored by a $418 million settlement agreement (LawFold, 2025), the new rules have reshaped how buyer agents get paid after the NAR settlement and how they communicate their value to clients. In 2026, the agents who are winning are the ones who adapted early, and Luxury Presence has been at the center of that adaptation, equipping buyer’s agents with the digital infrastructure and presentation tools they need to thrive under the new rules.

Key takeaways

• The NAR settlement eliminated cooperative compensation offers on the Multiple Listing Service (MLS), required written buyer-broker agreements, and made MLS subscriptions optional.
• Buyer’s agents in 2026 must clearly articulate their value and negotiate compensation directly with clients rather than relying on seller-side commission splits.
• Luxury Presence provides buyer’s presentation templates, a resource guide with sample buyer-broker agreement language, and the Presence Copilot app for collaborative property searches.
• Three compensation structures, including flat-fee, percentage-based, and hybrid models, give agents flexibility when structuring buyer-broker agreements.
• Agents who invest in a strong digital presence and clear client communication are positioned to gain market share as less-prepared competitors exit the buyer-side business.

What the NAR settlement changes

The settlement is a direct result of the Sitzer/Burnett class-action lawsuit challenging the traditional practice of cooperative compensation (the arrangement where the seller’s agent shares part of their commission with the buyer’s agent). NAR’s settlement stipulates three major changes to the way real estate transactions work:

• Offers of compensation for the buyer’s agent can no longer be advertised on the Multiple Listing Service (MLS).
• Buyer’s agents must use written buyer-broker agreement contracts before showing properties.
• MLS subscriptions are no longer mandatory for NAR members.

For the full text of the practice changes, see NAR’s official settlement resource page (NAR, 2024). An in-depth industry analysis from The Title Report examines how these practice changes are reshaping agent workflows and compensation negotiations across the country (The Title Report, 2024). While these rules represent a departure from decades of established practice, they also create concrete opportunities for agents who adapt quickly. The agents who can clearly explain their value, document their services in a written agreement, and present a strong digital brand are the ones gaining ground in 2026.

Settlement timeline

Understanding where the settlement stands in 2026 requires a clear view of the key dates:

Event	Date
U.S. District Court for the Western District of Missouri grants preliminary approval	2024
Settlement practice changes take effect	August 17, 2024
First settlement payment ($197 million)	February 2025
Second settlement payment ($72 million)	February 2026
NAR settlement FAQs most recently updated	October 17, 2025

NAR continues to update its settlement FAQs as new questions arise from agents and consumers (NAR, 2025). With the second payment of $72 million delivered in February 2026, the financial chapter of the settlement is closing, but the operational changes are now permanent features of the business.

How buyer agents get paid after the NAR settlement in 2026

The single biggest question agents face under the new rules is straightforward: how does buyer-agent compensation work now? Before the settlement, a listing agent could advertise a cooperative compensation offer on the MLS, and the buyer’s agent would receive their share without the buyer needing to negotiate it directly. That mechanism is gone. In 2026, buyer-agent compensation is negotiated directly between the buyer and their agent through a written buyer-broker agreement. This agreement must be signed before the agent shows properties. It spells out the services the agent will provide, the compensation the agent will earn, and how that compensation will be paid. There are several ways the compensation can be structured:

• Percentage-based fee: The buyer agrees to pay the agent a percentage of the purchase price, similar to the traditional commission model but now documented in a direct agreement.
• Flat fee: The buyer and agent agree on a fixed dollar amount for the agent’s services, regardless of the home’s sale price.
• Hybrid model: A combination of a flat retainer fee plus a percentage at closing, giving both parties flexibility.

The seller can still choose to offer concessions that cover part or all of the buyer’s agent compensation, but that offer cannot appear on the MLS. It must be communicated through other channels. For a deeper look at how these structures work in practice, see the Luxury Presence guide to buyer’s agent commission structures. The key shift for agents is this: you now need to articulate your value before a buyer commits to working with you, not after. The written agreement is both a legal requirement and a business opportunity. It forces a conversation that, when handled well, builds trust and sets clear expectations from the start.

“We have been in real estate for 24-plus years and have worked with many different website companies. Luxury Presence is by far the best we have ever worked with.”

— Jeannine Savory, Real Estate Professional

That kind of long-term agent perspective matters in a moment like this. When the rules change, the platforms and partners you rely on need to have the depth to adapt alongside you. Luxury Presence has built its tools specifically for this kind of environment, where clear communication and a polished digital presence are no longer optional.

How Luxury Presence supports buyer’s agents

The settlement changes put a premium on two things: how you present yourself to prospective buyers and how efficiently you run your buyer-side business. Luxury Presence addresses both. The company’s resource guide for buyer’s agents was built specifically for the post-settlement landscape. It includes buyer’s presentation templates that help agents walk prospective clients through the new compensation rules, explain the value of buyer representation, and present a buyer’s presentation that looks as polished as any listing presentation. The guide also includes sample language for buyer-broker agreements, giving agents a starting point they can adapt to their market and business model. Beyond presentations, Luxury Presence’s Presence Marketing system keeps agents visible to prospective buyers across search, social, and content channels. The system runs in the background, maintaining a consistent brand presence and generating qualified leads, while agents retain approval over everything that publishes. For buyer’s agents who need to spend more time in the field and less time on marketing tasks, this frees up significant hours each week. Presence CRM complements these efforts by helping agents nurture buyer leads through the entire relationship, from first inquiry to closing. Purpose-built for real estate workflows, it delivers personalized, agent-approved touchpoints that keep the agent top of mind without requiring manual follow-up on every contact.

Collaborative search and off-market listings

For buyer’s agents looking for a competitive edge in 2026, the Luxury Presence Copilot app adds a layer of service that most agents cannot match on their own. The app allows agents and buyers to collaborate on property searches in real time, with shared saved searches, instant notifications, and the ability to surface off-market listings that buyers would never find on public portals.

“The Presence Copilot app is where people are most excited. It’s a genuinely useful tool that changes how agents and buyers work together on the search process.”

— Chris Linsell, Real Estate Technology Analyst

Off-market access is particularly valuable in the post-settlement environment. When buyers are signing agreements and committing to an agent before touring homes, they want to know their agent can deliver something they cannot get on their own. Access to private listings and a collaborative search experience are tangible proof of that value.

Buyer’s agent compensation strategies in 2026

The resource guide from Luxury Presence includes three buy-side compensation structures (meaning how the buyer’s agent commission is divided or negotiated between parties) designed to appeal to clients while protecting the agent’s income. Each structure comes with template language agents can use to amend or build their current buyer-broker agreement. Here is a comparison of the three models:

Compensation model	How it works	Best for
Percentage-based	Agent earns a set percentage of the purchase price at closing	Agents in markets with higher price points where the percentage aligns with the level of service provided
Flat fee	Agent earns a fixed dollar amount regardless of sale price	Agents working with first-time buyers or in markets where a flat fee feels more transparent
Hybrid	A retainer fee upfront plus a smaller percentage at closing	Agents who want to demonstrate commitment from both sides and reduce the risk of uncompensated work

The right model depends on your market, your client base, and how you want to position your services. The key is to have a clear, confident answer when a buyer asks, “How do you get paid?” Agents who fumble that question lose the client. Agents who answer it directly, with documentation ready, win the relationship.