Georgia guide

MLS Compensation Advertising Rules Post-NAR Settlement

In Georgia, the MLS no longer shows what the seller will pay your buyer's agent, so you have to ask.

Reading as buyer.

TL;DR

In Georgia, the no longer shows what the seller will pay your buyer's agent, so you have to ask. Your buyer brokerage engagement agreement with your agent spells out what you owe them, and any seller-paid compensation can offset that. If the seller doesn't offer to cover your agent, you may need to pay your agent directly or ask for it as a concession in your offer.

Before you start — 7 things to know

  • Since August 17, 2024, Georgia s like GAMLS and FMLS are not allowed to display offers of buyer agent compensation in their listing data fields under the settlement rules.

  • Your buyer's agent must have you sign a written buyer brokerage engagement agreement before showing you homes, and that agreement states the fee you personally owe them if the seller doesn't pay it.

  • Sellers in Georgia can still choose to pay your buyer agent's fee, but the offer now comes through the listing agent, marketing materials, or as a term written into your GAR Purchase and Sale Agreement instead of through the .

  • You can ask for the seller to cover your agent's commission as a concession in your purchase offer, and if accepted it becomes a binding contract term the seller must honor at closing.

  • Buyer agent compensation is fully negotiable in Georgia, and no law or rule sets a standard rate, so different agents will quote different fees.

  • If the seller's side offers less compensation than your engagement agreement promises your agent, you are typically responsible for paying the difference out of pocket at closing.

  • Before signing a buyer brokerage agreement, you can negotiate the duration, the exclusivity, the fee, and whether the fee is a flat amount, a percentage, or an hourly rate.

The timeline — step by step

  1. Before touring homes, sign a written buyer brokerage engagement agreement with your Georgia agent that clearly states the fee you owe and how seller-paid compensation will be credited against it.

  2. When you find a home you like, ask your agent to contact the listing agent and find out whether the seller is offering any buyer agent compensation outside the .

  3. When writing your offer on the GAR Purchase and Sale Agreement, decide whether to request seller-paid buyer agent compensation as a contract term and include the specific amount.

  4. During offer negotiation, if the seller counters by reducing or removing the buyer agent compensation, plan for how you will cover any shortfall between what the seller pays and what you owe your agent.

  5. At closing, review the settlement statement to confirm any seller-paid buyer agent compensation is shown correctly and matches what was agreed in the contract.

Common questions

Why can't I see what the seller will pay my agent on the Georgia [[MLS]] listing anymore?
Since the settlement took effect on August 17, 2024, GAMLS and FMLS are not allowed to display offers of buyer agent compensation in any data field, so that information now lives outside the .
Do I have to pay my buyer's agent out of pocket in Georgia?
Whether you pay your buyer's agent directly depends on your buyer brokerage engagement agreement and whether the seller agrees to cover the fee, either through the listing broker or as a term in the purchase contract.
Can I ask the seller to pay my agent's commission in my Georgia offer?
Yes, the GAR Purchase and Sale Agreement has a place where you can request that the seller pay a specific buyer agent compensation amount as part of your offer, and if the seller accepts it becomes a binding contract term.
Is buyer agent commission in Georgia a fixed rate?
No, buyer agent commission in Georgia is fully negotiable between you and your agent, and no Georgia law or rule sets a standard rate.
What happens if the seller offers less than what my buyer brokerage agreement says I owe my agent?
If the seller's offered compensation is less than what your engagement agreement promises, you are usually responsible for paying the difference to your agent at closing unless you renegotiate the agreement.

Glossary

2 terms
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]
  2. [2]

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