Arkansas guide

MLS Commission Advertising in Arkansas: Post-NAR Settlement Rules

In Arkansas, buyer-agent pay is no longer posted in the MLS after the August 2024 NAR settlement, so you and your agent set the fee in your written buyer agreement before touring homes.

Reading as buyer.

TL;DR

In Arkansas, buyer-agent pay is no longer posted in the after the August 2024 settlement, so you and your agent set the fee in your written buyer agreement before touring homes. You can ask the seller to cover some or all of that fee as a seller concession written into the purchase contract, but it must fit lender and appraisal limits. Sign a buyer agreement that spells out the total pay and notes that part of it may be funded by seller concessions, so there are no surprises at closing.

Before you start — 8 things to know

  • Arkansas systems no longer show offers of buyer-agent pay to you or your agent because the settlement removed those fields in August 2024.

  • Before your agent shows you homes, you will sign a written buyer agreement that states exactly what your agent will be paid and how that pay can be funded.

  • You can ask the seller to cover some or all of your agent's fee through a seller concession written into the purchase contract during negotiations.

  • Seller concessions for buyer-agent pay roll into the financed price and must stay within your lender's concession caps and the home's appraised value.

  • If the seller agrees to cover only part of the fee, you owe your agent the remainder at closing, so confirm the math before you sign the offer.

  • Each Arkansas brokerage sets its own commission rate, and there is no standard or required rate in Northwest or Central Arkansas markets.

  • Your buyer agreement should be transparent under rules, disclosing the total compensation expected and noting that seller concessions may fund part of it.

  • You can negotiate the fee in your buyer agreement — rate, flat fee, or hourly — and you can ask for a shorter term or limited property scope.

The timeline — step by step

  1. Interview Arkansas buyer agents and compare how each one explains their fee, the term length, and what they will do for you.

  2. Sign a written buyer agreement that lists the total pay, the term, the area covered, and a note that seller concessions may fund part of it.

  3. Tour homes with your agent knowing the Arkansas will not show any seller offer of buyer-agent pay on the listing.

  4. When you write an offer on an Arkansas home, decide with your agent whether to ask for a seller concession to cover buyer-agent pay.

  5. Negotiate the concession in the purchase contract along with price, closing date, and repairs — it is one of the deal terms the seller can accept, reject, or counter.

  6. Confirm with your lender that the seller concession fits within program limits and that the home will appraise high enough to support it.

  7. At closing, review the settlement statement to verify how much of your agent's fee came from the seller and how much, if any, you owe out of pocket.

Common questions

Why does the Arkansas listing not show what the buyer agent will be paid?
Since the settlement took effect in August 2024, Arkansas systems are not allowed to display offers of buyer-agent pay, so the listing itself will not show that number.
Do I have to pay my Arkansas buyer agent out of pocket now?
Not necessarily — your buyer agreement sets the fee, and at the offer stage you can ask the seller to cover some or all of it as a seller concession built into the contract.
Can the seller refuse to cover my buyer agent's fee?
Yes, sellers in Arkansas can decline or counter the concession request just like any other deal term, so your buyer agreement should explain what you owe if the seller says no.
Is there a standard buyer-agent commission rate in Arkansas?
No, each Arkansas brokerage sets its own rate independently, and any claim that a rate is standard or expected in the market is an antitrust concern under the post-settlement rules.
Will my mortgage lender let the seller pay my buyer agent's fee?
Most loan programs allow seller concessions, but each program has a cap based on loan type and down payment, so confirm with your lender before you write the offer.
What happens at closing if the home appraises below the contract price?
If the appraisal comes in low, the seller concession funding your buyer-agent fee may shrink along with the financed amount, so you should plan for who covers any shortfall.

Glossary

3 terms
RECAD — Real Estate Consumer's Agency and Disclosure
The form that lays out, in plain terms, the agency relationship between you and the agent — whether they represent you, the seller, or both.
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

  1. [1]
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Commission and fees in Arkansas | AgentPik