Real Estate Law · September 1, 2026 · 8 min read
Last Monday, Northwest MLS announced a policy shift it's calling "Seller Choice"—and it's the first crack in the dam since the NAR settlement went into effect earlier this year.
Here's the short version: Seattle-area sellers can now choose not to advertise a buyer-agent commission on the MLS. That might sound like inside baseball, but it's actually a big deal for anyone buying or selling a home in Maryland, DC, Pennsylvania, or Delaware, because what happens in major markets usually trickles down to ours.
I spent twenty years teaching before I got my real estate license, so let me break this down the way I'd explain it to a client sitting at my kitchen table with a cup of coffee.
Back in March, the National Association of REALTORS® settled a class-action lawsuit that accused the industry of inflating commissions by forcing sellers to pay buyer agents. The settlement changed three big things:
Most MLSs in Maryland, DC, Pennsylvania, and Delaware have been operating under these new rules since mid-August. But Northwest MLS just went a step further.
Under the new Northwest MLS rule, sellers have three options:
That third option is new. It essentially gives sellers permission to step out of the conversation entirely. The buyer's agent and the buyer work it out—maybe the buyer pays their agent directly, maybe the agent accepts a lower fee, maybe they negotiate it into the contract as a seller concession. The point is, the seller doesn't have to preemptively decide.
Right now, in Maryland and most of the Mid-Atlantic, sellers are still expected to make a private offer or explicitly decline. There's no official "let the buyer figure it out" checkbox.
But I'm watching this closely, because what Seattle does today, Baltimore and DC often do tomorrow.
I work across four states and a dozen counties—Cecil, Harford, Baltimore County, Baltimore City, Montgomery, Howard, Anne Arundel, Charles, Prince George's, DC proper, York and Lancaster in Pennsylvania, and New Castle County in Delaware. Every MLS in this region implemented the NAR settlement rules, but they didn't all do it the same way.
In most cases:
The sticking point? A lot of sellers—especially in softer markets like parts of Harford or Cecil County—are still offering comp, because they're worried buyers won't tour the home otherwise. They're not wrong to worry. Buyers who don't have an extra $10,000 to pay their agent out-of-pocket are going to prioritize homes where the seller covers it.
But if the Seattle model catches on, we might see more sellers opt out entirely and let the buyer and agent hammer it out. That shifts negotiating leverage—and it could mean fewer showings for homes that don't sweeten the deal.
Seattle's rule change is about MLS policy. But there's also a patchwork of state laws starting to require commission disclosure at different points in the transaction.
Maryland hasn't passed anything yet, but California just sent a raft of housing bills to the governor, including measures that tighten up disclosures around agent fees and seller concessions. Pennsylvania and Delaware haven't moved on this either, but I wouldn't be surprised to see something in Annapolis or Harrisburg in the next session.
For now, my advice to Maryland sellers: your listing agreement already spells out what you're paying me. If you want to offer compensation to a buyer's agent, we write that into the listing paperwork and I communicate it privately to cooperating agents. If you don't want to offer it, we discuss that strategy up front, and I make sure you understand the trade-offs.
For buyers: you're signing a representation agreement with me before we tour anything. Take a look at the listings I'm currently marketing and we'll talk through what the seller is or isn't offering on each one before you fall in love with the house.
Oh, and while we're talking about September, let's acknowledge the elephant in the room: Freddie Mac's latest survey pegged the 30-year fixed at 6.66% as of August 27, the highest weekly print we've seen since January 2025.
Why? Month-end trading, Jackson Hole jitters, and the fact that Fed Chair Warsh put a rate hike back on the table last Friday. I talked about that in detail in last week's post, but the short version is: if you were waiting for rates to drop below 6%, you might be waiting a while.
That makes the commission question even more urgent. Buyers who are already stretching to afford a $425,000 townhouse in Bel Air or a $550,000 single-family in Columbia don't have a lot of room to also write a $15,000 check to their agent at closing. Sellers who want serious offers need to think carefully about whether they're willing to cover buyer-agent comp—or risk sitting on the market longer.
If you're selling:
If you're buying:
If you're an agent:
The Broker Action Coalition just named Jamie Cavanaugh as CEO, and one of the group's big goals is to push back on MLS rule changes that make it harder for small brokerages to compete. If you're worried about Seller Choice–style rules coming to Maryland, now's the time to get involved with your local board and make your voice heard. I'm watching this closely, and I suggest you do the same.
Look, I'm a REALTOR®, not a lawyer. This is general information, not legal advice—for your specific situation, please consult a licensed real estate attorney. If you're a seller worried about liability for how you handle commission offers, or a buyer who's not sure whether your representation agreement is enforceable, talk to an attorney who practices in Maryland, DC, Pennsylvania, or Delaware (depending on where you're buying or selling).
The rules are changing fast, and every transaction is different.
Seattle's move is a test case. If it works—if homes still sell, if buyers and agents adapt, if the market doesn't seize up—expect other MLSs to follow. If it backfires, expect lawsuits and a scramble to roll it back.
Either way, the days of "the seller always pays both agents" are over. We're in a new world now, and the smartest buyers and sellers are the ones who understand the rules and use them to their advantage.
If you're thinking about buying or selling in Maryland, DC, Pennsylvania, or Delaware and you want to talk through how these changes affect your situation—not just in theory, but in practice—reach out. I've been doing this long enough to know that the best decisions happen when you've got all the facts in front of you, not just the headlines.
And if you're wondering what homes are available right now in Harford, Baltimore, or any of the counties I serve, take a look at my current listings. The market's shifting, but there are still good deals out there if you know where to look—and how to negotiate.
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