Kansas guide

MLS Compensation Rules in Kansas After the NAR Settlement

In Kansas, the MLS can no longer show what a seller is offering to pay your agent.

Reading as buyer.

TL;DR

In Kansas, the can no longer show what a seller is offering to pay your agent. You still owe your agent the fee written in your buyer agreement, but you can ask the seller to cover it through the purchase contract or a concession. The amount is fully negotiable — there is no standard rate, so shop around before you sign.

Before you start — 8 things to know

  • Since August 17, 2024, Kansas listings no longer display offers of buyer-broker compensation, so you cannot rely on the to learn what a seller might pay your agent.

  • Before your agent shows you any homes, you must sign a written buyer representation agreement that names a specific dollar amount or percentage for your agent's fee.

  • Buyer-agent fees are negotiable in Kansas — there is no standard rate, and any agent who tells you otherwise may be exposing themselves to federal antitrust claims.

  • You can ask the seller to pay your agent's fee through the purchase contract or as a seller concession, even though that offer cannot appear in the anymore.

  • If the seller covers your agent through a concession, the source of those funds must be disclosed clearly in the contract — it cannot look like you are paying when the seller actually is.

  • Seller concessions that pay your agent can change your mortgage approval, so always tell your lender about them before signing the offer.

  • Your agent can contact the listing side directly to ask whether the seller is open to compensating buyer brokers — that conversation happens off- now.

  • If the seller refuses to pay your agent's fee, you are responsible for the amount in your buyer agreement, even if it has to come out of your own funds at closing.

The timeline — step by step

  1. Interview two or three buyer agents and compare their fees before signing anything, since no law or industry rule fixes the rate.

  2. Sign a written buyer representation agreement that states your agent's fee in exact dollars or a clear percentage before any home showings.

  3. When you find a home you like, have your agent ask the listing agent whether the seller is open to paying buyer-broker compensation.

  4. Write your offer with a request for the seller to pay your agent's fee or provide a concession that covers it, if you want the seller to absorb the cost.

  5. Tell your lender about any seller concession before underwriting closes, because concessions can change how much house you qualify for.

  6. At closing, confirm the settlement statement clearly shows who is paying your agent and where the money is coming from.

Common questions

Why can't I see the buyer's agent fee on the [[MLS]] in Kansas anymore?
The settlement that took effect August 17, 2024, banned systems from displaying offers of buyer-broker compensation, so Kansas providers removed that field from listings.
Do I have to pay my buyer's agent out of pocket now?
Not necessarily — you can negotiate for the seller to cover your agent's fee in the purchase contract or through a concession, but you are on the hook for whatever amount is in your signed buyer agreement if the seller does not pay it.
Is the buyer-agent commission actually negotiable?
Yes, it has always been negotiable, and any Kansas agent who claims there is a fixed market rate may be exposing themselves to federal antitrust claims.
What happens if the seller agrees to cover my agent's fee?
The arrangement is written into the purchase contract or shown as a seller concession on the closing statement, and it must be disclosed honestly so it does not look like you are paying when the seller is.
Will a seller concession that pays my agent hurt my mortgage approval?
It can, because lenders count concessions against your loan math and federal lending rules cap how large a concession can be, so always tell your lender before you sign the offer.

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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