Facebook
X
Pinterest
Copy Link
Who Pays the Buyer’s REALTOR® in North Carolina? Understanding the New 2026 Process
Beginning July 1, 2026, North Carolina introduced an important change to how buyer agent compensation is handled during a real estate transaction. While the paperwork used by REALTORS® changed, the goal remained the same: provide greater transparency and allow buyers and sellers to negotiate compensation as part of the overall purchase agreement.
If you’re planning to buy or sell a home in Western North Carolina, here’s what these changes mean for you.
The Biggest Change
The most significant change is not how much a buyer’s agent is paid—it’s when and how the seller’s contribution toward that compensation is negotiated.
Before July 1, a seller could authorize buyer agent compensation earlier in the listing process.
Today, any request for the seller to pay the buyer’s agent is negotiated as part of the purchase offer, alongside other important terms such as the purchase price, due diligence fee, earnest money, closing costs, repairs, and settlement date.
This gives buyers and sellers greater flexibility to structure an agreement that works for both parties.
Understanding Buyer Representation
One point that often causes confusion is how buyers are represented.
North Carolina offers more than one option.
Buyer Agency Agreement
Many buyers choose to enter into a Buyer Agency Agreement with their REALTOR®. This agreement establishes an ongoing agency relationship and outlines:
- The services the REALTOR® will provide.
- The duties owed to the buyer.
- The compensation the buyer’s agent is entitled to receive if the buyer purchases a property.
- The length of the agreement.
The Buyer Agency Agreement establishes the compensation agreement between the buyer and their REALTOR®.
Property Showing Agreement
Buyers who simply want to view a property are not required to immediately sign a Buyer Agency Agreement.
Instead, a REALTOR® may use a Property Showing Agreement, which allows a property to be shown without creating a full buyer agency relationship.
If the buyer later decides they would like ongoing representation throughout the purchase process, they can then enter into a Buyer Agency Agreement before moving forward with an offer.
Your REALTOR® can explain the differences between these agreements and help determine which option best fits your situation.
How Buyer Agent Compensation Works Today
This is where the July 1 changes become important.
The Buyer Agency Agreement establishes the compensation the buyer’s agent is to receive.
The purchase offer determines whether the seller will contribute toward paying that compensation.
When a buyer submits an offer, they may request that the seller pay all or part of the buyer agent’s compensation.
The seller can:
- Agree to pay the requested amount.
- Offer to pay a different amount.
- Decline to pay it.
- Counter with other terms.
If the seller agrees to pay some or all of the requested amount, that contribution is applied toward the buyer’s obligation under the Buyer Agency Agreement.
If the seller does not agree to pay the full amount requested, the buyer remains responsible for any remaining compensation as outlined in their agreement with their REALTOR®.
In other words:
- The Buyer Agency Agreement establishes the compensation.
- The purchase offer negotiates who pays it.
Is Buyer Agent Compensation Still Negotiable?
Absolutely.
Just like the purchase price or closing costs, buyer agent compensation is now one of many negotiable terms in a real estate transaction.
Every offer is unique.
When reviewing an offer, a seller may consider:
- Purchase price
- Due diligence fee
- Earnest money
- Financing terms
- Closing costs
- Requested repairs
- Settlement date
- Personal property
- Buyer agent compensation
Rather than focusing on a single item, buyers and sellers can evaluate the overall strength of the offer and negotiate terms that meet their respective goals.
What This Means for Buyers
For buyers, the process begins with understanding how your REALTOR® will represent you and how compensation is addressed.
Before making an offer, you should:
- Discuss your representation options with your REALTOR®.
- Understand the compensation terms in your Buyer Agency Agreement, if you choose to enter into one.
- Talk through strategies for requesting seller-paid buyer agent compensation.
- Review how different negotiation outcomes could affect your overall costs.
Having these conversations early helps eliminate surprises later in the transaction.
What This Means for Sellers
For sellers, the new process provides additional flexibility.
Instead of addressing buyer agent compensation before your home is listed, you’ll review any request for seller-paid compensation as part of each individual offer you receive.
This allows you to evaluate every offer as a complete package and decide which combination of price, terms, and concessions best meets your objectives.
A Simple Example
Imagine a buyer and their REALTOR® have entered into a Buyer Agency Agreement that specifies the agent’s compensation.
The buyer submits an offer on a home and requests that the seller pay that amount as part of the transaction.
The seller might:
- Agree to pay the full amount.
- Agree to pay only a portion.
- Decline the request and negotiate other terms instead.
The buyer can then decide whether to accept the seller’s response, continue negotiating, or explore other options.
This flexibility allows compensation to be considered alongside every other aspect of the transaction.
The Bottom Line
The July 1, 2026 changes did not eliminate buyer representation, nor did they require every buyer to sign a Buyer Agency Agreement before viewing a home.
Instead, North Carolina clarified how buyer representation and compensation work:
- Buyers may use either a Property Showing Agreement or a Buyer Agency Agreement, depending on their circumstances and the level of representation they want.
- A Buyer Agency Agreement establishes the compensation between the buyer and their REALTOR®.
- The purchase offer is where the buyer may negotiate for the seller to pay all or part of that compensation.
- The seller may agree, counter, or decline as part of the overall negotiation.
At Better Homes and Gardens Real Estate Heritage, we believe informed clients make confident decisions. Whether you’re buying your first home, relocating to the mountains, or preparing to sell your property, our experienced REALTORS® are here to explain every step of the process and help you navigate today’s real estate market with confidence. Reach us anytime at info@bhgheritage.com. Nobody knows homes Better.
Frequently Asked Questions
Do I have to sign a Buyer Agency Agreement before I can see a home?
No. North Carolina also allows the use of a Property Showing Agreement, which permits a REALTOR® to show a property without creating a full buyer agency relationship. If you later decide you want ongoing representation, you may choose to enter into a Buyer Agency Agreement.
What does the Buyer Agency Agreement do?
A Buyer Agency Agreement establishes the agency relationship between the buyer and REALTOR®, outlines the services to be provided, and specifies the compensation the buyer’s agent is entitled to receive if the buyer purchases a property.
Who pays the buyer’s REALTOR®?
That depends on the negotiations. As part of the purchase offer, the buyer may request that the seller pay all or part of the buyer agent’s compensation. The seller may agree, counter, or decline that request.
Does the seller have to pay the buyer’s agent?
No. Seller-paid buyer agent compensation is negotiable. Each seller decides whether to contribute based on the terms of the offer.
Did the July 1, 2026 changes eliminate buyer representation?
No. Buyers may still choose professional representation through a Buyer Agency Agreement. The July 1 changes primarily affected how seller-paid buyer agent compensation is negotiated, not the availability of buyer representation.
