In Washington, the buyer's agent was traditionally paid out of the home's sale proceeds — but since the August 2024 NAR settlement, buyer-agent compensation is now negotiated directly between you and your agent and written into a Buyer Brokerage Agreement before you tour homes. That gives buyers more control over the cost than ever — and many are choosing flat-fee agents to keep it low.
How it worked before 2024
Previously, the seller typically offered a buyer-agent commission (often 2.5%–3%) advertised through the MLS. It looked free to buyers, but it was baked into the home's price — meaning buyers ultimately paid for it through a higher purchase price.
What changed in 2024
After the National Association of Realtors settlement (effective August 2024), two big things changed:
- Buyer-agent compensation can no longer be advertised on the MLS.
- Buyers must sign a written agreement with their agent — specifying the agent's fee — before touring homes.
In short, compensation is now an open negotiation between you and your agent, not a fixed number the seller posts.
So who actually pays now?
There are three common outcomes, and you agree on the fee up front either way:
- Seller concession — the seller agrees to cover some or all of your agent's fee.
- You pay your agent directly — per your written agreement.
- A combination — a concession offsets part, you cover the rest.
Because the amount is set in advance, a lower agent fee directly benefits you — if a seller offers a concession above your flat fee, the difference can be credited back toward your closing costs.
The Buyer Brokerage Agreement (WA law)
Washington's RCW 18.86 requires a written services agreement before representation begins. The default term is 60 days, and it spells out the services provided, the fee, and the type of agency relationship (exclusive or nonexclusive). Read it — it's where your cost is defined.
Why flat fee makes sense now
Since you're negotiating the fee anyway, why pay a percentage? On a $1.3M Eastside home, a 2.5% commission is $32,500. A flat $2,999 service does the core work — writing and negotiating a competitive offer, contract review, counter-offers, and closing support — for a fraction of that. You compete just as hard and keep the difference.
This article is general information, not legal advice. Rules and market figures change — confirm current details with your broker. Shi Hao Liu is a licensed WA real estate broker (License #26003789) with Kelly Right Real Estate.