Wyoming guide

MLS Compensation Rules and Antitrust Compliance After the NAR Settlement

In Wyoming, since August 17, 2024, the buyer agent's pay can no longer be shown as a field in MLS listings.

Reading as buyer.

TL;DR

In Wyoming, since August 17, 2024, the buyer agent's pay can no longer be shown as a field in listings. You and your Wyoming agent now agree in writing on the fee before touring homes, and it can be paid by you, by a seller concession written into the contract, or by a separate written agreement between the two brokerages. Always ask your agent to walk you through every source of their pay so nothing is hidden, because Wyoming law treats that information as material to your relationship.

Before you start — 8 things to know

  • Since August 17, 2024, Wyoming systems following rules no longer publish or require an offer of pay from the seller's side to the buyer's agent.

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

  • Your Wyoming agent's fee can come from three places: a seller concession written into the purchase contract, a separate written agreement between the listing brokerage and your buyer brokerage, or money you pay out of pocket at closing.

  • A Wyoming listing agent can still offer to pay your buyer agent, but the offer has to be communicated outside the , such as on the listing brokerage's website, by phone, or directly to your brokerage.

  • Wyoming law under W.S. 33-28-303 treats the source and amount of your agent's compensation as material information that the agent must disclose to you in writing.

  • If a Wyoming buyer agent collects more pay from the listing side than what your buyer agreement disclosed, that is a violation of W.S. 33-28-303 disclosure duties and grounds for a complaint to the Wyoming Real Estate Commission.

  • Buyer agent fees in Wyoming are not set by any group rule and are always negotiable, and any claim that a rate is standard, customary, or non-negotiable is a red flag under antitrust law.

  • In smaller Wyoming markets like Sheridan, Gillette, Riverton, and Cody, buyer pools are tight, so it is normal and smart to talk openly with your agent about how their fee will be covered before you start writing offers.

The timeline — step by step

  1. First, interview Wyoming buyer agents and ask each one how much they charge, since the no longer publishes a buyer agent rate for you to see.

  2. Next, sign a written buyer agreement with your chosen Wyoming agent that lists the exact fee, how it is calculated, and who is expected to pay it before any home tours begin.

  3. While shopping in Wyoming, have your agent check off- sources like the listing brokerage's website, flyers, or direct communication to see if the seller's side is offering to cover any of your agent's pay.

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

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

  6. Before closing in Wyoming, review the settlement statement with your agent and confirm every dollar of agent pay matches what your buyer agreement and the contract disclosed, as required by W.S. 33-28-303.

  7. If you discover your Wyoming agent collected pay you were never told about, file a written complaint with the Wyoming Real Estate Commission citing the W.S. 33-28-303 disclosure violation.

Common questions

Why can't I see the buyer agent commission on Wyoming [[MLS]] listings anymore?
Since August 17, 2024, the settlement bans publishing buyer agent compensation through the in Wyoming, so any offer from the seller's side now has to be communicated through other channels outside the .
Do I have to sign a buyer agreement before touring homes in Wyoming?
Yes, under the settlement practice changes, a Wyoming buyer agent affiliated with rules must have a written and signed buyer agreement with you that lists their fee before showing you any homes.
Can I ask the Wyoming seller to pay my buyer agent's fee?
Yes, you can write a request for a seller concession into your Wyoming purchase offer, and if the seller agrees, that concession can be used to pay all or part of your buyer agent's fee.
What happens if no one will cover my buyer agent fee in Wyoming?
If neither the Wyoming 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 agent at closing.
Are buyer agent fees fixed or standard in Wyoming?
No, buyer agent fees in Wyoming are always individually negotiated, and any agent who tells you a rate is standard, customary, or non-negotiable is creating antitrust exposure under the Sherman Act.
What can I do if my Wyoming agent hides extra pay they received from the listing side?
If your Wyoming agent collects compensation above what your buyer agreement disclosed and does not tell you, that violates the W.S. 33-28-303 material-information disclosure duty and you can report them to the Wyoming 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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