Short answer up front
We get this question a lot, and we understand why it’s frustrating. Many people are surprised to learn that commission not allowed on MLS is a real issue in some areas. You agree and want to offer a 2%, 2.5%, or 3% commission to the buyer’s agent, a $5,000 credit at closing, a $2,000 closing-cost concession, a 1% buyer rebate, or a holiday bonus to whichever agent brings the buyer, and you want that offer posted directly on your MLS listing so every buyer’s agent can see it.
Unfortunately, we cannot do that, and no other brokerage can either, no matter what state you’re selling in.
This isn’t a Beycome rule.
It’s an MLS rule, enforced by the National Association of REALTORS® (NAR) and every local MLS across the country. The rule changed on August 17, 2024, as part of the NAR commission settlement (Burnett v. NAR / Sitzer-Burnett). Since that date, no compensation, bonus, credit, concession, rebate, or financial incentive of any kind may appear on the MLS, not in the public fields, not in the private agent-only fields, not in the description, not in the photos, not in the documents section, not anywhere.
And here’s the part we want to be really transparent about: if we did add a commission or any incentive to your MLS listing, the MLS would fine Beycome up to $5,000 per violation, and per the Beycome Listing Agreement, that fine is passed through to you, the Seller (bad news 😉). On top of that, repeat violations can suspend Beycome’s MLS license entirely, which would hurt every seller on our platform. That’s why we won’t do it, no matter how nicely it’s asked.
The good news: you can still offer compensation to a cooperating broker (buyer’s agent) directly. You just handle that offer yourself, in writing, outside of the MLS. Beycome is not involved in that negotiation. The compliant template is free at beycome.com/contract. More on how that works below.
What changed on August 17, 2024
Before August 2024, every MLS in the U.S. had a dedicated field called “Broker Compensation” (or “Buyer Agent Compensation,” “BAC,” “Co-Op Comp,” depending on the MLS). Sellers and their listing brokerage could post the offered commission there, typically 2.5% or 3%, and every buyer’s agent could see it instantly.
That field was the heart of a class-action lawsuit, Burnett v. NAR, filed in Missouri. In October 2023, a jury found that the practice of publishing buyer-agent commissions on the MLS inflated commissions industry-wide and violated antitrust law. NAR settled in March 2024 for $418 million and agreed to sweeping practice changes.
As part of that settlement, effective August 17, 2024:
- The selling commission is no longer disclosed on MLS listings. All compensation fields were removed from every MLS in the United States.
- MLSs are prohibited from publishing, communicating, or facilitating offers of compensation through their systems.
- The Seller can still offer concessions and compensation to the buyer, and the Seller can offer compensation to the cooperating broker (buyer’s agent), but that offer must be negotiated directly between the Seller and the cooperating broker (buyer’s agent), in a written agreement, and not through the MLS.
- Any workaround, such as hiding the offer in remarks, photos, attachments, or private notes, is a violation, and can result in fines, listing removal, or loss of MLS access for the brokerage.
- Buyer’s agents must now sign a written buyer-representation agreement with their client before touring a home, meaning the buyer’s agent’s pay is negotiated directly with the buyer, not advertised by the seller on the MLS.
These rules apply to every MLS in the United States, to every brokerage (big-box, boutique, flat-fee, discount, all of them), and to every listing type.
What “compensation” means under the new rule
The rule isn’t just about a percentage commission. It covers any offer of value directed at a cooperating broker (buyer’s agent) or a buyer, including:
- Percentage-based buyer-agent commissions (e.g., 2%, 2.5%, 3%)
- Flat-dollar buyer-agent commissions (e.g., “$10,000 to buyer’s agent”)
- Bonuses (“$5,000 bonus to the selling agent”)
- Credits at closing to the buyer’s agent
- Closing-cost concessions described as compensation to the agent
- Buyer rebates advertised on the MLS
- Gift cards, trips, event tickets, or referral fees tied to bringing a buyer
- “Ask listing agent” or “commission negotiable” language in public remarks
- Phrases like “standard co-op,” “see private remarks,” “BAC offered,” “compensation offered,” or any coded reference to compensation
All of the above are prohibited on the MLS, in any field, in any form.
Beycome’s role: Seller offers compensation directly, not Beycome
This part is important, and it’s how every flat-fee and modern brokerage operates post-settlement:
- Beycome does not offer compensation to cooperating brokers (buyer’s agents). We can’t post it on the MLS, we don’t bundle it into our Flat Fee, and we don’t pay it on your behalf.
- If you choose to offer compensation to a cooperating broker (buyer’s agent), you do so directly. The offer is made by the Seller (you), to the cooperating broker (buyer’s agent), outside of the MLS.
- Beycome is not involved in that negotiation. We don’t set the amount, we don’t recommend an amount, we don’t counter-offer on your behalf, and we don’t enforce the terms.
- Any compensation you agree to must be documented in a written agreement between you and the cooperating broker (buyer’s agent). Verbal deals are not enforceable post-settlement.
- Beycome is not a party to that agreement. It is strictly between you (the Seller) and the cooperating broker (buyer’s agent). We are not responsible for negotiating or enforcing its terms.
- Beycome’s Flat Fee is entirely separate. The Flat Fee you pay Beycome is for our listing and brokerage services only. It is negotiable and is not fixed, controlled, recommended, or suggested by law, any MLS, or any REALTOR® association. It has nothing to do with buyer-agent compensation.
In short: you control the offer. You make the offer. You sign the agreement. Beycome gives you the tools and the template, but the deal between you and the cooperating broker (buyer’s agent) is yours.
👉 Grab the free compliant template here: beycome.com/contract
Why the MLS enforces this so aggressively (and the $5,000 fine)
Three reasons the rule is taken so seriously:
- Antitrust exposure. Publishing compensation on a shared industry database was the exact practice found to inflate commissions in Burnett. Every MLS now faces direct liability if it re-enables the practice in any form.
- Settlement compliance. NAR’s $418M settlement is contingent on these rules being enforced uniformly. MLSs that don’t comply can lose their NAR affiliation.
- State and federal regulators are watching. The DOJ has an open interest in residential real estate commissions. Any hint of “MLS-facilitated compensation” invites enforcement action.
MLSs run automated scanners on every new listing, edit, photo upload, and document attachment. Violations are flagged in minutes.
Here’s the real kicker for you as a Seller:
- The MLS fines the listing brokerage up to $5,000 per violation.
- Per the Beycome Listing Agreement, that fine is passed through to you, the Seller. If Beycome gets fined because something is added to your listing that shouldn’t be there, you pay it. Not great news 😉, but we want you to know up front.
- Repeat violations can suspend Beycome’s MLS license entirely. If that happens, it doesn’t just hurt your listing, it hurts every other Beycome seller on our platform who depends on our MLS access to reach buyers.
That’s why we treat this rule as non-negotiable. It protects your wallet, your listing, and every other Beycome seller at the same time.
Why Beycome follows this rule strictly (and why you want us to)
Some sellers ask: “Can’t you just sneak it into the description?” The honest answer is no, and here’s why protecting you matters more than bending the rule:
- You’d get hit with the MLS fine (up to $5,000). That cost lands on the Seller, not Beycome.
- Your listing would be pulled. MLS scanners catch compensation language fast. Once pulled, your listing loses its place in search results, portal rankings (Zillow, Realtor.com, Redfin, Homes.com), and “new listing” alerts to thousands of buyer’s agents. You cannot un-ring that bell.
- You’d lose momentum. The first 14 days on the MLS are when listings get 70%+ of their showings. A takedown during that window dramatically hurts your sale price.
- Beycome’s MLS access protects every Beycome seller. If repeat violations suspend our license, every seller on our platform loses access to buyer’s agents. We won’t put the whole community at risk for one workaround.
- It’s the law, effectively. Post-settlement, this rule is backed by federal antitrust precedent. This isn’t a gray area.
What you can still do, the legal, compliant alternatives
Here’s the good news: you can still offer a commission, bonus, or credit directly. You just can’t advertise it on the MLS, and you must negotiate it directly with the cooperating broker (buyer’s agent), in writing. These are compliant:
1. Use a Compensation Agreement form when an agent brings a buyer
This is now the standard way compensation is communicated post-settlement. When a buyer’s agent reaches out, you send them a short written offer of compensation, sometimes called a “Cooperating Broker Compensation Agreement” (CBCA), a “Seller to Buyer’s Broker Compensation Agreement,” or, in some states, a “Touring Agreement” with compensation language. The buyer’s agent signs it before showing the home. This is 100% compliant and is what every sophisticated seller now does.
This written agreement is directly between you (Seller) and the cooperating broker (buyer’s agent). Beycome is not a party to it, does not negotiate it, and does not enforce its terms. We simply give you the template and help you get it in front of the buyer’s agent at the right moment.
👉 Beycome provides the template for free. Download our “Compensation Agreement, Seller to Buyer’s Broker / Agent” from our contracts library at beycome.com/contract. If you want to make an offer, fill in the amount you want to offer, sign it, and send it to any buyer’s agent who inquires. Fast, simple, legal, fully compliant, and no $5,000 MLS fine hanging over your head.
2. Direct one-to-one outreach to buyer’s agents
You can reach out to cooperating brokers (buyer’s agents) in your area, by email, phone, or in person, and let them know what compensation you’re offering, on a one-to-one basis. This is private communication about a specific transaction, not MLS publication, and is allowed under the settlement. Beycome can help you organize that outreach, but the conversation and the agreement are yours.
What’s changed for buyers and their agents
Because buyer’s agents can no longer see the offer on the MLS, two things happen:
- Buyer’s agents now ask up front, before a showing, what compensation is available. Be ready to respond quickly with a written compensation offer.
- Buyers now sign a buyer-representation agreement with their agent that specifies how their agent is paid. If the seller isn’t offering compensation, the buyer pays their own agent. If the seller is offering compensation, that amount flows through to cover (or partially cover) what the buyer owes their agent.
Net effect for you as a seller: offering buyer-agent compensation still works and still attracts buyer’s agents. You just deliver the offer through legal channels, not through the MLS.
Quick FAQ
No. Any compensation language in public or private remarks is a violation, and the fine (up to $5,000) would be passed through to you, the Seller.
No. MLS scanners check images and documents. Same rule, same fine.
No. The rule explicitly covers both public and private MLS fields.
No. This is considered indirect MLS-facilitated compensation and is prohibited.
The MLS fines the brokerage up to $5,000 per violation, that fine is passed on to the Seller per the Listing Agreement, and repeat violations can suspend Beycome’s MLS license, which would impact every Beycome seller. That’s why we don’t do it.
No. Beycome does not offer compensation to cooperating brokers (buyer’s agents). If you want to compensate a cooperating broker (buyer’s agent), you offer it and negotiate it directly with that broker, in a written agreement. Beycome is not a party to that agreement and is not involved in the negotiation.
Free at beycome.com/contract, look for “Compensation Agreement, Seller to Buyer’s Broker / Agent.” Download, fill in your offer, sign, send to the buyer’s agent.
No. Those are two completely separate things. The Flat Fee is what you pay Beycome for our listing and brokerage services, it’s fully negotiable, and is not set by law, the MLS, or any REALTOR® association. Any compensation to a buyer’s agent is a separate, private agreement between you and that agent.
Yes. Post-settlement, buyer’s agents have adapted. They ask for the compensation offer before showing. As long as you respond quickly with your written offer, your home stays just as competitive.
No. This applies to every single brokerage in the United States, Coldwell Banker, Keller Williams, RE/MAX, Compass, eXp, Redfin, and every flat-fee service. No one can post compensation on the MLS anymore, and every brokerage faces the same fines if they try.
Yes. The settlement is nationwide. No matter where you’re listing, the rules are identical.
The bottom line
You can offer a commission, bonus, credit, or rebate directly to a cooperating broker (buyer’s agent). You cannot advertise it on the MLS, no one can, as of August 17, 2024. If we did, the MLS would fine us up to $5,000 per violation (passed through to you), and repeat violations could suspend our license and hurt every Beycome seller. So we do it the right way, every time.
Any compensation you offer must be negotiated directly between you and the cooperating broker (buyer’s agent), in writing. Beycome is not involved in that negotiation and is not a party to that agreement.
What Beycome does do: we give you the compliant Compensation Agreement, Seller to Buyer’s Broker / Agent template for free at beycome.com/contract, so you can make your offer the legal way, in seconds.
Ready to list the smart way?
👉 List your home with Beycome for a flat fee
👉 See Beycome pricing
👉 Download the free Compensation Agreement template
If you have questions about the process, just message your Beycome specialist. We’ll point you to the right contract and walk you through how to use it.
Related reading on Beycome
- What is a broker and why is one necessary when listing on the MLS®?
What Is Earnest Money? How Much to Pay and When You Get It Back
How Zillow Works and Makes Money
How to Make an Offer on a House
How Long Does the Listing Verification Process Take?
Sources & disclosures
This article is for general informational purposes only and does not constitute legal advice. MLS rules, fine amounts, and enforcement practices vary slightly by local MLS and continue to evolve post-settlement. Your Beycome specialist will confirm exactly what is permitted in your specific MLS before your listing goes live. Brokerage service fees are negotiable and are not fixed, controlled, recommended, or suggested by law, any MLS, or any REALTOR® associatio
National Association of REALTORS®, Settlement Information & Practice Changes: nar.realtor/the-facts
Burnett v. National Association of REALTORS® (Sitzer-Burnett), U.S. District Court, Western District of Missouri