Nebraska guide

MLS Compensation Advertising Rules After the NAR Settlement

When you shop for a home in Nebraska, you will no longer see how much the seller is offering to pay your buyer agent on any MLS listing because that field was removed on August 17, 2024.

Reading as buyer.

TL;DR

When you shop for a home in Nebraska, you will no longer see how much the seller is offering to pay your buyer agent on any listing because that field was removed on August 17, 2024. You and your Nebraska agent now agree in writing on the agent's fee before touring, and that fee can be covered by you, by a seller concession in your offer, or by an off- offer from the listing side. Always ask your agent to walk you through every source of their pay so nothing surprises you at closing.

Before you start — 8 things to know

  • Since August 17, 2024, Nebraska platforms covered by the settlement cannot display any offer of compensation from the seller's side to your buyer agent.

  • Before touring homes with a Nebraska agent affiliated with rules, you must sign a written buyer agreement that states exactly how much your agent will be paid and who is expected to pay it.

  • Your Nebraska buyer agent's fee can be paid in three ways: a seller concession negotiated into the purchase agreement, an off- offer from the listing brokerage, or money you pay directly out of pocket.

  • A Nebraska listing agent can still offer to pay your buyer agent, but that offer must come through a phone call, a flyer, the brokerage website, or another channel that is not the .

  • You can write a request for a seller-paid concession into your Nebraska purchase offer, and the seller can accept, counter, or reject that request like any other contract term.

  • Nebraska's advertising rules under Title 299 NAC Chapter 5 require any agent's claim about who pays the buyer's representation fee to be truthful, complete, and not misleading.

  • If your Nebraska agent advertises that sellers routinely cover buyer representation fees without explaining how that actually happens, that statement can trigger a deceptive advertising violation under Title 299 NAC Chapter 5.

  • Buyer agent fees in Nebraska are not set by any group rule and are always individually negotiated between you and the agent you choose to hire.

The timeline — step by step

  1. First, interview Nebraska buyer agents and ask each one what they charge, since the no longer publishes a buyer-side compensation number for you to compare.

  2. Next, sign a written buyer agreement with your chosen Nebraska agent that lists the exact fee amount and who is expected to pay it before you tour any homes.

  3. While you shop, have your Nebraska agent check off- sources such as the listing brokerage website or property flyers to see whether the seller's side is offering to cover any of your agent's fee.

  4. When you write an offer on a Nebraska home, decide with your agent whether to ask the seller for a concession that will cover all or part of the buyer agent fee.

  5. During contract negotiation, the Nebraska seller will accept, counter, or reject your concession request, and the final agreed amount becomes a written term of the purchase agreement.

  6. Before closing in Nebraska, review the settlement statement with your agent and confirm every dollar of agent pay matches what your buyer agreement and purchase contract spelled out.

  7. If you believe your Nebraska agent made a misleading claim about compensation in their advertising, you can file a written complaint with the Nebraska Real Estate Commission under Title 299 NAC Chapter 5.

Common questions

Why can't I see how much the seller is paying the buyer agent on Nebraska [[MLS]] listings anymore?
Since August 17, 2024, the settlement bans publishing any offer of buyer agent compensation on covered platforms in Nebraska, so any seller-side offer now has to be communicated outside the .
Do I have to sign a buyer agreement before touring homes in Nebraska?
Yes, under the settlement practice changes, a Nebraska agent affiliated with must have a signed written buyer agreement with you that lists their fee before showing you any homes.
Can I ask the seller to pay my buyer agent in Nebraska?
Yes, you can write a seller concession request into your Nebraska purchase offer, and if the seller agrees, that concession can be used to cover all or part of your buyer agent's fee.
What happens if nobody is willing to cover my buyer agent fee in Nebraska?
If neither the seller nor the listing brokerage offers to cover your agent's fee, then under your written buyer agreement you are responsible for paying that fee directly to your Nebraska agent at closing.
Are buyer agent fees fixed in Nebraska?
No, buyer agent fees in Nebraska are always individually negotiated, and any group attempt to set a standard rate would violate antitrust law regardless of the settlement.
What can I do if my Nebraska agent makes misleading claims about who pays buyer agents?
If your Nebraska agent advertises compensation in a way that is untrue or hides how it actually works, that is a potential violation of Title 299 NAC Chapter 5, and you can report them to the Nebraska Real Estate Commission.

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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