Real Estate Law · August 15, 2026 · 8 min read
Real and RE/MAX shareholders approved the merger this week. Real's vote came in at 99%, RE/MAX at 78.8%. Closing is expected in two weeks, according to HousingWire.
If you're house-hunting in Maryland, DC, Pennsylvania, or Delaware right now, you might be wondering what a corporate merger between two giant brokerage brands has to do with you. Fair question. The short answer: not much directly. The longer answer? This merger is happening against the backdrop of the biggest shift in buyer representation rules in a generation—and that affects every single person looking at homes for sale in Harford County, Prince George's, York, Baltimore City, New Castle County, or anywhere else I serve.
So let's talk about what actually matters: the rules you're operating under when you walk into an open house or click "schedule a showing."
The Real/RE/MAX deal is a business move. But the National Association of REALTORS® settlement that took effect earlier this year? That changed the game for buyers and sellers nationwide, including right here in the Baltimore-Washington corridor.
Here's what changed, in plain English.
Before you tour a single house with an agent, that agent must have you sign a written buyer-agency agreement. This wasn't always required. In the old days, you could meet a Realtor at an open house in Anne Arundel County, spend three weekends looking at townhomes in Bel Air, and never sign a thing until you wrote an offer. Not anymore.
The agreement spells out:
That last one is the big change. Historically, the seller paid both their own agent's commission and the buyer agent's commission out of the proceeds at closing. Buyers didn't write a check to their agent. The new rules don't prohibit that arrangement, but they require it to be disclosed and negotiated up front. You might still find sellers willing to pay your agent. You might not. Either way, you need to know before you start shopping.
In Maryland, DC, and across the region, Multiple Listing Service (MLS) platforms no longer display buyer-agent commission offers in the main listing data. Seller's agents can still communicate an offer of compensation, but it happens off-MLS—often in agent remarks, direct calls, or showing instructions.
What this means for you: your agent can still find out whether the seller is offering to cover your agent's fee, but it's no longer front-and-center, and it's negotiable in ways it wasn't before.
This was always technically true, but now it's explicit and required. Your buyer-agency agreement must state the fee, and you can negotiate it just like you'd negotiate the price of the house itself. Some agents charge a flat rate. Some charge a percentage. Some have tiered pricing. Ask. Compare. This is a business transaction.
I come from 20 years in education and leadership, so I approach this the same way I approached teaching: transparency first. If you don't understand what you're signing or why, I haven't done my job. And if the agreement doesn't make sense for your timeline or budget, let's talk before you sign.
Let's get practical. You're looking at homes for sale in Cecil County or Howard County or DC or Lancaster. Mortgage rates just dropped to 6.67% according to Freddie Mac's latest survey as of August 13, but inventory is still tight and buyers are outnumbered. What do you actually need to do differently?
Sit down with your agent and review the buyer-agency agreement—line by line. I'm serious. Don't skim. Don't sign in the car on your phone five minutes before the showing. Ask:
Some agents get squirmy when you ask these questions. That's a red flag. A good agent—especially one with a teaching background—will welcome the conversation.
Your offer can (and often should) include a request that the seller cover your agent's compensation as part of the transaction. This is still very common in our market. But if the seller says no, you need to be ready to either pay your agent directly or walk away. Know your budget and your leverage before you're standing in a bidding war for a renovated colonial in Montgomery County.
Here's where it gets tricky. If you walk into an open house in Baltimore County without your own agent, the agent hosting that open house works for the seller. They're friendly, they're helpful, they'll answer your questions—but their loyalty is to the seller, and they're trying to get the highest price and best terms for their client, not you.
If you've already signed a buyer-agency agreement with someone else, tell the listing agent that up front. If you haven't, and you start working with the listing agent, you may end up in a dual-agency situation (legal in Maryland but ethically complex) or you may be unrepresented entirely. Neither is ideal.
I've seen this play out at open houses in Bel Air and Havre de Grace all summer. Nice couple, no agent, fall in love with a house, try to negotiate on their own, and lose because they didn't understand the disclosure forms or the inspection contingency deadlines. Don't be that couple.
Sellers, you've got decisions to make, too. You're no longer expected to offer compensation to a buyer's agent, but in a market where inventory is edging up and price cuts hit 41.67%, you might want to. Offering to pay the buyer-agent commission can make your listing more attractive, especially to buyers who are stretching to afford the down payment and closing costs.
That said, everything is negotiable now. Some sellers are offering 2.5%, some 2%, some zero. Talk to your listing agent (hi, that might be me) about what makes sense given your price point, your local market, and how fast you need to move.
If you're thinking about selling your house in Harford County or Charles County or anywhere in my coverage area, let's talk strategy before you list. The commission landscape is different than it was a year ago, and your net proceeds depend on understanding the new rules.
The NAR settlement is a legal agreement with real teeth. Brokerages that don't comply risk fines, lawsuits, and loss of MLS access. As a Realtor licensed in Maryland, DC, Pennsylvania, and Delaware, I'm required to follow these rules in every transaction, in every state.
But compliance isn't just about avoiding penalties. It's about making sure you, the consumer, actually understand what you're agreeing to. The old system was opaque. This one is supposed to be better. Whether it actually is better depends on whether agents do the work of explaining it.
I've been in enough IEP meetings and parent-teacher conferences to know that policies only work when people understand them. Same thing here.
While we're talking law and regulation, a few other things on my radar that affect Maryland and DC buyers and sellers:
This is general information, not legal advice — for your specific situation, please consult a licensed real estate attorney.
I don't do high-pressure sales. Never have. But I do think clarity is a kindness, especially when the rules are new and confusing.
If you're buying a home in Maryland, DC, Pennsylvania, or Delaware right now, you deserve an agent who will:
If you're selling, you deserve the same transparency about how listing compensation works under the new rules and what it means for your bottom line.
The Real/RE/MAX merger doesn't change any of that. But the NAR settlement does. And if your agent isn't talking to you about it, you're working with the wrong agent.
Rates are finally dipping a bit—6.67% as of this week—and inventory is starting to loosen in pockets of our region, as I wrote about in my latest market update. If you've been waiting for a window to buy or sell, this might be it. Just make sure you understand the new rules before you jump in.
Browse current listings here, or reach out if you want to talk through your specific situation. I'm happy to walk you through the buyer-agency agreement, commission structures, or anything else that's keeping you up at night. That's what I'm here for.
Katrina Kirton Sherrod, REALTOR® · Samson Properties · Licensed in MD, DC, PA & DE · 443-616-9770 · Katrina@kkstherealtor.com
“Buy land — they are not making it anymore.” — Mark Twain