Policy Changes FAQs

As a buyer agent, if compensation is no longer in the MLS, how will I know what commission I am being offered from the seller, if any?

You will need to contact the listing agent or visit their website to see if there is an offer there.

Will I need to change my listing agreement after August 13th?

Yes, you will need to add to your existing agreement and have your seller authorize the new required terms or enter into a new agreement using the new FR version.

Can I upload the agreement to documents or enter the seller’s offer in the Broker Remarks so agents know what is being offered?

No, the settlement terms specifically prohibit any inclusion of an offer to compensate agents, buyers, or third parties on the MLS.

Can I post on my website or social media the amount the seller is offering for compensation?

Yes, as long as it is outside of the MLS and is not linked to the MLS in any way, then you can advertise what your seller is offering.

What if I use that post in my listing?

You cannot include a link that goes to a page where compensation is displayed; however, you can link to your website.

Are the commission fields being removed from Rentals, Commercial, etc?

Yes, the settlement terms specifically require the removal of ALL commission-related fields, which includes every property type.

What if my listing is under contract, and I’m closing after the removal date? Will the compensation still stand?

Yes, as long as you went under contract prior to August 13th, the offer was made via the MLS. We recommend you print the listing for your records.

Will the history of the commission fields still be visible on past listings?

No, everything will be removed. However, if you have a commission dispute within 180 days of the removal, staff can provide printouts upon request.

Will I be able to record what compensation is paid and by which party on closed listings?

You will be able to include the total Seller Concession or Buyer Contribution amount. However, there will not be a specific field for commission details.

What if I enter the compensation in the “Office Only Remarks” so only agents within my brokerage can see?

That is also not permitted. Commission cannot be included on the MLS in any way.

Does every person who comes to my Open House have to sign a Written Buyer Agreement before entering the house?

No, but if they want to submit an offer or see additional properties that is when you will need an executed agreement with them.

What if my buyer won’t sign the Written Buyer Agreement?

Then, you cannot take them to showings or work with them on submitting offers.

What if my buyer signs two Written Buyer Agreements with different brokerages?

Just like with signing two listing agreements, there are now two contracts potentially obligating this person to pay two commission amounts. It is your responsibility to ensure your client has not contracted with another broker before they enter into an agreement with you.

How is the MLS going to know if an agent doesn’t have a Written Buyer Agreement?

This is a self-reporting rule, so the only way for the MLS to know is for other agents to report them. Staff will then request a copy of the agreement, and if they cannot produce one within the grace period provided, a fine is assessed. If there are other circumstances involved, then staff will address the matter accordingly.

Can I create my own website with offers of compensation?

Your website can include offers, if any, that you wish to make on your own listings. However, you cannot include offers from other brokers if you are using an MLS data feed for IDX or other public display purposes.

How will the new compensation rules be enforced? Will there be any sort of grace period?

There will be a couple of different ways the rules will be implemented. The first is that a number of keywords and phrases will be blocked from entry. This means you will not be able to use the word commission in your remarks. The system won’t let you proceed. There will also be words and phrases that the compliance software will be looking for to flag as potential violations. If staff determines the phrase is a violation, then a 1-time courtesy notice will be sent and the phrase removed. If the rule is violated a 2nd or more time by the same agent, then fines will be assessed.

How will the Written Buyer Agreement rule be enforced? Will there be a grace period?

When staff receives a complaint that the agent does not have a Written Buyer Agreement and there is evidence to support that they showed a property to a client without one, a notice will be sent requesting a copy of their agreement. Two business days are given to produce the agreement. If the agent is unable to provide the agreement and unable to refute the claim against them, a fine will be assessed.