Who Pays the Buyer's Agent in Texas Now? What Sellers in Tarrant & Johnson County Should Know

 

Who Pays the Buyer's Agent in Texas Now? What Sellers in Tarrant & Johnson County Should Know

 

If you've been anywhere near the news or a neighborhood Facebook group in the last couple of years, you've probably heard that "the commission rules changed." And then you probably heard about five different versions of what that means.

So let's clear it up, especially if you're thinking about selling a home in Fort Worth, Burleson, Mansfield, Everman, or anywhere in Tarrant and Johnson County. Grab a coffee. This one's worth knowing before you list.

Quick note: This post is general information, not legal advice. For questions about your specific situation, talk with a real estate attorney.

What Changed With the NAR Settlement?

In 2024, the National Association of REALTORS® reached a settlement in the commission lawsuits. As part of that, new practice changes took effect nationally in August 2024. The two big ones:

1. Offers of buyer-agent compensation can no longer be advertised on the MLS. Listing agents used to be able to post an offer to pay the buyer's agent right in the MLS listing. That's no longer allowed on MLSs covered by the settlement.
2. Buyers working with an agent who is an MLS participant must sign a written agreement before touring a home. That agreement spells out what the buyer's agent will do and how they'll be paid.

As of this writing, those settlement-related practice changes are still in place.

What Changed in Texas in 2026?

Texas went a step further. Legislation passed during the 89th Texas Legislative Session changed the Texas Real Estate License Act, and according to the Texas Real Estate Commission (TREC), the new rules took effect January 1, 2026.

Here's the short version:

• A license holder working with a prospective buyer of residential property must have a written agreement with that buyer before showing them any residential property (or, if no home is shown, before presenting an offer for them).
• That written agreement can be a representation agreement or a limited non-representation, showing-only agreement.
• The agreement must include the services provided, a termination date, whether it's exclusive or non-exclusive, and the amount or rate of compensation the broker will receive.
• It must state, in conspicuous language, that broker compensation is not set by law and is fully negotiable.

So now this is a matter of Texas law, not just MLS policy. You can read TREC's own explanation here: What Changes in 2026 About Buyer/Tenant Representation in Texas.

So... Who Actually Pays the Buyer's Agent Now?

Here's the honest answer: it's negotiable. There's no law in Texas that says the seller must pay the buyer's agent, and there's no law that says the seller can't.

In practice, a buyer's agent can be paid in a few ways:

The buyer pays directly

The buyer pays their agent out of pocket at closing, based on the written agreement they signed.

The seller offers compensation to the buyer's agent

Sellers can still choose to offer compensation to the buyer's broker. It just can't be advertised through the MLS. Your listing agent can discuss it with you, and it can be communicated off-MLS or negotiated as part of an offer.

The seller offers concessions to the buyer

Sellers can also offer concessions to the buyer, such as help with closing costs. Buyers may be able to use those funds in different ways, depending on their loan type and lender rules. Seller concessions toward a buyer's closing costs are generally still allowed to be mentioned on the MLS.

A mix of the above

Sometimes it's a combination. A buyer might ask the seller to cover part of their agent's fee in the offer, and pay the rest themselves.

Why Would a Seller Still Offer to Help?

You don't have to. But here's what I talk through with sellers:

• Many buyers are stretched thin at closing. Between the down payment, closing costs, and moving, a lot of buyers don't have extra cash sitting around to pay their agent too. Offering help can widen your pool of potential buyers.
• It can make your home more competitive compared to similar homes nearby that are offering help.
• It's a negotiation tool. Some sellers prefer to wait and see what buyers ask for in their offer instead of committing up front.

There's no one-size-fits-all answer. The right strategy depends on your home, your price point, and current market conditions in your area.

What Sellers Should Ask Before Listing

When you're interviewing listing agents (or chatting with me over coffee), ask:

• How do you recommend handling buyer-agent compensation for my home, and why?
• How will you communicate it to buyers' agents if I choose to offer it?
• How should I respond if a buyer asks for compensation or concessions in their offer?
• How will this affect my estimated net proceeds?

A good agent should be able to explain your options clearly and show you how each one affects your bottom line. If they can't, keep looking. (Kindly, of course.)

The Bottom Line

The way buyer agents get paid in Texas looks different than it did a few years ago, but the big picture is simpler than the headlines made it sound: compensation is negotiable, buyers sign written agreements up front, and sellers still have choices. I'm grateful for anything that helps clients understand exactly what they're paying for, and these changes push in that direction.

Frequently Asked Questions

Do sellers have to pay the buyer's agent in Texas?

No. There's no Texas law requiring sellers to pay the buyer's agent. Sellers can choose to offer compensation or concessions, or buyers can pay their own agent. It's all negotiable.

Can buyer-agent compensation be listed on the MLS?

No. Under the NAR settlement practice changes, offers of compensation to buyer's agents can't be advertised on covered MLSs. Sellers can still offer it off-MLS, and seller concessions to buyers are generally still allowed.

Do buyers in Texas have to sign an agreement before touring homes?

Yes. As of January 1, 2026, Texas law requires a license holder to have a written agreement with a residential buyer before showing them property. It must state that broker compensation is negotiable and not set by law.

Thinking About Selling?

If you're planning to sell in Tarrant or Johnson County and want to see how different compensation options would affect your bottom line, send me a message. I'll walk you through it. No pressure, just numbers.

Kassaundra Swain | Johnson County REALTOR® | LPT Realty Call or text: (817) 789-5690