Nevada guide

Nevada MLS Commission Advertising Rules Post-NAR Settlement

Since August 17, 2024, Nevada MLS listings no longer post offers of buyer-agent pay, so as a buyer you have to nail down how your agent gets paid before you write an offer.

Reading as buyer.

TL;DR

Since August 17, 2024, Nevada listings no longer post offers of buyer-agent pay, so as a buyer you have to nail down how your agent gets paid before you write an offer. You and your agent sign a buyer representation agreement that spells out their fee, and you can ask the seller to cover it through a concession in your purchase contract. The seller can still pay your agent — it just has to be worked out off the now, not by checking a listing field.

Before you start — 6 things to know

  • Effective August 17, 2024, Nevada systems like Nevada Regional MLS, Las Vegas REALTORS, and Reno-Sparks Association of REALTORS stopped showing offers of buyer-agent compensation in their listing fields, so you cannot just look up what a seller is paying a buyer's agent.

  • Before your Nevada agent can show you homes or write offers under the post-settlement rules, you sign a buyer representation agreement that states exactly how your agent gets paid, whether by you, by a seller concession, or a mix of both.

  • Sellers in Nevada can still agree to pay your buyer's agent, but the offer has to come through channels like a broker-to-broker call, the listing brokerage's own website, or a seller concession written into the purchase contract — not the listing.

  • If you want the seller to help cover your agent's fee in a Nevada deal, you should discuss that plan in your buyer representation agreement up front and then write the request into your offer as a seller concession.

  • Because Nevada agents are not allowed to coordinate compensation rates with each other under federal antitrust law, the fee your buyer's agent quotes is theirs alone — shop around the way you would for any other professional service.

  • If a Nevada listing agent or seller verbally promises to pay your buyer's agent, ask for that promise in writing before you remove contingencies, since verbal compensation promises are a known source of disputes after the settlement.

The timeline — step by step

  1. Interview Nevada buyer's agents and ask each one how they charge — a flat fee, an hourly rate, or a percentage — since under the post--settlement rules they set their own fees independently.

  2. Sign a written buyer representation agreement with your chosen Nevada agent that spells out their compensation amount, who pays it, and what happens if a seller concession does not fully cover the fee.

  3. When you find a Nevada home you like, have your agent contact the listing brokerage directly to ask whether the seller is open to a concession toward buyer-agent compensation, since that info is no longer in the listing.

  4. Write any request for the seller to cover your agent's fee directly into your Nevada purchase offer as a seller concession, with a specific dollar amount or percentage.

  5. If negotiations change the concession amount, sign an updated counter-offer or addendum so the final compensation structure is documented in writing before closing.

  6. At closing in Nevada, confirm on the settlement statement that the seller concession actually flows through to your buyer's agent's brokerage as agreed in your contract.

Common questions

Do I have to pay my buyer's agent out of pocket in Nevada now?
Not necessarily — you can still ask the seller to cover all or part of your agent's fee as a concession in your offer, but you and your agent have to agree in writing on what you owe if the seller will not cover it.
Why can't I just look up what the seller is paying a buyer's agent on the listing?
Because the settlement, effective August 17, 2024, banned any offer of buyer-agent compensation from being shown in listing fields, including in Nevada systems like NRMLS, LVR, and RSAR.
Can my Nevada agent tell me what fees other buyer's agents in the area are charging?
Your agent can share their own fee, but coordinating or comparing rates with other competing brokerages would violate federal antitrust law, so most agents will only quote their own price.
What is a seller concession and how does it cover my agent's fee?
A seller concession is money the seller credits the buyer at closing under the purchase contract, and in Nevada you can direct that credit toward paying your buyer's agent's commission instead of, or in addition to, paying it yourself.
What should I do if a Nevada listing agent verbally promises my agent will be paid?
Ask the listing agent to put the seller's authorization in writing before you commit, because the post-settlement guidance treats verbal compensation promises as a major source of disputes and complaints.

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]

Last updated