Real Estate Law · August 9, 2026 · 5 min read
A buyer called me last week, lovely couple relocating from out of state, and the first thing they asked was: "Is it true we have to pay you out of pocket now?"
Short answer: not necessarily. Longer answer: the rules around how buyer's agents get paid changed in August 2024, they're still evolving state by state, and there's an enormous amount of confusion out there. As a former educator, confusion is my cue to teach. So here's the plain-English version of where things stand in 2026 for buyers and sellers in Maryland, Washington D.C., and Pennsylvania.
One thing before we start, and I'll repeat it at the end because it matters: I'm a REALTOR®, not an attorney, and this is education, not legal advice.
In 2024, the National Association of REALTORS® settled a series of antitrust lawsuits about how agent commissions were communicated and paid. The settlement terms took effect in August 2024 and reshaped daily practice in two big ways:
First, offers of buyer-agent compensation came off the MLS. Sellers can still choose to pay a buyer's agent — and in my markets, many still do, because it widens the buyer pool — but that offer can no longer be advertised through the MLS as a condition of the listing. Compensation is negotiated deal by deal.
Second, written buyer agreements became mandatory before touring. If an agent who's a REALTOR® is going to show you a home, you and that agent must first sign a written agreement that spells out what services you're getting and exactly how, and how much, the agent will be paid. No more handshake buyer relationships.
Two years in, this is settled practice in our region. What's newer is that states have started writing their own rules on top of it. Alabama, for instance, passed a law in 2025 saying buyers only need to sign before submitting an offer, not before touring — a reminder that this landscape genuinely varies by state, which matters if you're relocating.
Maryland already had a strong agency-disclosure framework before the settlement, so the transition here was smoother than in some states. What you'll experience as a Maryland buyer working with me:
Maryland buyers should also know that the Maryland REALTORS® association updates the standard state forms regularly, so if a form looks different from what your cousin signed in 2023, that's expected.
Washington D.C. follows the same national settlement framework, layered over the District's own agency disclosure rules. Pennsylvania has long required a written buyer agency contract for exclusive representation under its licensing law, so PA was arguably ahead of the curve — the settlement mostly changed the MLS compensation mechanics there, not the paperwork habit.
If you're buying with me across state lines — say, selling in Baltimore County and buying in York or Lancaster County, PA, which I see constantly — the forms and disclosures will differ on each side of the Mason-Dixon line. That's normal. Ask questions until it all makes sense. That's the job.
You now decide, listing by listing, whether and how much to offer toward the buyer's agent. My advice in the current market: look at it as marketing math, not principle. A competitive concession budget in a payment-sensitive market often nets you more than holding the line and shrinking your buyer pool. We'll run the numbers for your specific situation — my seller prep guide for Prince George's County touches on this too, and the logic applies across the region.
Commission rules, agency law, and required disclosures differ across Maryland, D.C., and Pennsylvania and they keep evolving. This is general information, not legal advice — for your specific situation, please consult a licensed real estate attorney. For the primary source on the settlement itself, NAR maintains a public fact page at nar.realtor/the-facts.
Got a question about how any of this applies to your purchase or sale? Ask me directly — the consultation is free, and I promise nobody leaves my table confused.
Katrina Kirton Sherrod, REALTOR® · Samson Properties · Licensed in MD, DC, PA & DE · 443-616-9770 · Katrina@kkstherealtor.com
“The house you looked at today and wanted to think about until tomorrow may be the same house someone looked at yesterday and will buy today.” — Koki Adasi