Real Estate Law · September 7, 2026 · 9 min read
Ten days from now, on September 17, 2026, one of the biggest changes in real estate practice in a generation goes live.
If you're shopping for a home in Maryland, Washington D.C., Pennsylvania, or Delaware—if you've even thought about calling a REALTOR® to see a listing—you need to understand what's about to change. Because starting next week, before I unlock a single door for you, we're going to sit down and sign a buyer-agency agreement. Not at the end of the process. Not when you're "ready to get serious." Before the first showing.
Let me walk you through this like I would at my kitchen table, because the National Association of REALTORS (NAR) settlement that's driving all this is dense, the headlines are confusing, and most buyers I talk to have no idea it's even happening.
In March 2024, NAR agreed to pay $418 million to settle antitrust claims that the old way of doing business—where seller-paid buyer-agent commissions were baked into MLS listings and assumed as the default—illegally inflated costs and reduced competition. The settlement forced two big changes, and they both hit us on September 17:
No more compensation offers on the MLS. Listing agents can't advertise "3% to buyer's agent!" anymore. That number is gone from the system buyers (and their agents) search.
Mandatory written buyer-agency agreements before a buyer tours any property with an agent, unless that agent works for the listing brokerage.
The original implementation date was August 17, but NAR announced a 30-day extension in July to give MLSs and brokerages more time to update systems. So here we are. Ten days out.
Let's say you spot a beautiful colonial in Fallston or a renovated rowhome in Federal Hill. You call me. You want to see it.
Under the old rules, I'd run comps, schedule the showing, meet you there, and we'd talk. Maybe you'd see five houses. Maybe you'd make an offer on the third one. Somewhere in that process, usually around offer time, we'd formalize our relationship with a buyer-agency agreement.
Starting September 17, we sign first. Before I turn the key.
The agreement spells out what I do for you (fiduciary duties, market analysis, negotiation, contract paperwork), how long our relationship lasts (usually 30, 60, or 90 days), what geographic area it covers (Harford County? All of Maryland?), and—most important—how and how much I get paid.
That last part is what's spooking people.
Here's the thing. Buyer agents still get paid. The work I do—running comparable sales for a townhouse in Bel Air, negotiating inspection repairs on a century-old rowhouse in Baltimore City, explaining the eleven addenda Maryland requires, holding your hand through a delayed closing because the builder's framing crew got arrested in an ICE sweep (yes, that's happening)—that work has value.
What's changed is transparency. The old system hid the ball. Buyers assumed it was "free" because the seller's side paid. Sellers assumed 6% was the norm because that's what listings showed. Nobody talked about it.
Now we have to. And it's awkward as hell.
The buyer-agency agreement will state a compensation amount or percentage—maybe 2.5%, maybe 3%, maybe a flat fee. If the seller agrees to pay it (and many still will, even though they don't have to anymore and it won't be advertised), great. You're done. If the seller won't, or offers less, you cover the difference—or we renegotiate.
I know. You just watched mortgage rates hit 6.71% according to Freddie Mac's latest survey, and now I'm telling you that you might have to write a check for your agent on top of your down payment and closing costs. It's not what you want to hear.
But here's what I tell my buyers: this agreement protects you. You now know, up front, what I cost. You can negotiate that number. You can compare agents. You can fire me if I'm not delivering. The old system gave you none of that.
If you're listing a home in Cecil County, Howard County, Anne Arundel, anywhere in my footprint—you've got decisions to make, too.
You are no longer required to offer compensation to a buyer's agent. It won't appear on Bright MLS. But you can offer it, and we can communicate it directly to buyer agents or mention it in marketing materials (within MLS rules). Many sellers will, because it expands your buyer pool. A first-time buyer stretched thin in Harford County is more likely to tour your house if their agent's fee is covered.
But some won't. Some sellers, especially in hot markets or with significant equity, will say "the buyer can pay their own agent." That's legal. That's allowed. And in a seller's market like parts of Montgomery County right now, it might not hurt you.
We'll talk through the strategy when we sit down to price your home. This isn't one-size-fits-all.
When I slide that buyer-agency agreement across the table next week, here's what to focus on:
This is a negotiable contract. I'm a former educator, not a used-car salesman. If something doesn't make sense, ask. If you want to tweak it, let's talk.
And if an agent pressures you to sign a long exclusive on the spot with no discussion, walk. That's not teaching. That's selling.
Technically? Most MLSs and brokerages won't let it happen. Our errors-and-omissions insurance, our brokerage compliance rules, and NAR's new Code of Ethics standards all say the same thing: no agreement, no tour.
Some agents might let you walk through an open house without signing (open houses are usually exempt, since they're public marketing events and the listing agent is present). But if you want a private showing, a second look, or any real advice, we're signing first.
Yes. NAR's settlement covers all NAR members nationwide, and the major MLSs in our region—Bright MLS (serving Maryland, DC, Delaware, Pennsylvania, Virginia, and West Virginia), Trend MLS, and others—have all adopted the September 17 deadline.
If you're buying a home in Lancaster, Pennsylvania, or New Castle County, Delaware, or Prince George's County, Maryland, the same rules apply. Written buyer-agency agreement before the showing.
Your inspection rights. Your ability to negotiate. The seller's duty to disclose material defects under Maryland's Disclosure of Property Condition statute (or Pennsylvania's Seller Disclosure Law, or Delaware's version). The title company's role. The lender's appraisal requirements.
The actual transaction is the same. What changed is the paperwork we do up front, and who writes the checks at closing.
I spent two decades teaching and leading in schools before I ever sold a house. I'm wired to explain, not obscure. So here's my unvarnished opinion:
This settlement is uncomfortable, but it's overdue.
The old system let too many buyers drift through the process without understanding who worked for whom or who paid for what. It let too many mediocre agents coast on "the seller pays me" without ever proving their value. And it let commission rates calcify into an unspoken standard that had nothing to do with the work required to sell a $200,000 rowhouse versus a $1.2 million estate.
Now we have to talk about it. And that's better for everyone, even if the conversations are awkward for a while.
I'd rather sit with you over coffee at the Bel Air Starbucks and walk through a buyer agreement line by line than have you sign at closing in a panic, wondering why you owe an extra $9,000 you didn't budget for.
If you're a buyer:
If you're a seller:
If you're just starting to think about buying or selling in the Baltimore-Washington corridor:
Maryland, DC, Pennsylvania, and Delaware each have their own disclosure statutes, agency law, and contract quirks. If you've got a complex situation—co-buying with a non-spouse, navigating a trust or estate sale, dealing with a divorce decree that specifies sale terms—talk to a real estate attorney before you sign anything. I'll coordinate with them, but I can't replace them.
September 17 is not the end of the world. It's not even the end of buyer representation.
It's the end of pretending this work is free, and the beginning of a more honest conversation about what a buyer's agent actually does and what that's worth. I think that's a good thing, even if it makes the first meeting longer and requires you to ask questions you've never had to ask before.
If you're looking at new listings in Harford County or weighing whether to sell in Baltimore County before the holidays, let's talk this week. I've got templates ready, answers prepared, and a pot of coffee on.
We've got ten days. Let's use them.
Katrina Kirton Sherrod, REALTOR® · Samson Properties · Licensed in MD, DC, PA & DE · 443-616-9770 · Katrina@kkstherealtor.com
“Ninety percent of all millionaires become so through owning real estate.” — Andrew Carnegie