How is buyer agent compensation handled in Charlotte, NC after the NAR settlement? In North Carolina, buyer agent compensation is now negotiated directly between the buyer and their agent — it is no longer advertised through the MLS. Buyers in the greater Charlotte metro should expect to address this in a written buyer agency agreement before touring homes.
If you've started researching buying a home in Charlotte — whether that's Plaza Midwood, South End, Waxhaw, or anywhere across the greater metro — you've probably heard something about the NAR settlement and commissions. The news coverage has been loud, the confusion has been real, and frankly, a lot of it has been inaccurate.
Here's a clear breakdown of what actually changed, what North Carolina law requires, and what it means for you as a buyer in this market.
What the NAR Settlement Actually Did
In March 2024, the National Association of REALTORS® reached a landmark settlement to resolve antitrust lawsuits that had been building across the country. The settlement was accepted in November 2024 and brought two major changes for NAR members:
Buyer agents can no longer advertise their compensation on the MLS. Sellers are no longer required to offer buyer agent compensation through the listing.
Written agreements are required before showing property. NAR members must have a written agreement with a buyer before touring any home — including virtual tours.
These are significant changes to how the industry has operated for decades. But here's what most headlines missed: NAR's rules only apply to NAR members. Every broker in North Carolina — regardless of NAR membership — is governed by the NC Real Estate Commission (NCREC) and state License Law.
How North Carolina Law Approaches Buyer Agency
North Carolina already had strong buyer agency protections in place before the NAR settlement. Under Commission Rule 58A .0104, brokers are required to have a written buyer agency agreement in place before a buyer makes an offer to purchase. This isn't new.
What this means practically: you've always had the right to know, in writing, what your agent is doing for you and what they're being paid before the transaction closes. The NAR settlement moved the national conversation closer to what North Carolina had already established.
Oral vs. Written Agreements in NC
Under NCREC rules, brokers can initially work with buyers under an oral agency agreement — but only if that agreement is non-exclusive and doesn't lock you into a specific time frame. The moment you want an exclusive relationship with your agent, or the moment you're ready to make an offer, the agreement must be in writing.
Oral agreements must still be "express" — meaning both parties understand and have agreed to the terms, even without a signature.
What Buyer Compensation Looks Like Now in the Charlotte Market
Since buyer agent compensation is no longer advertised on the MLS, the conversation now happens between you and your agent before you ever step into a home.
Your buyer agency agreement will spell out:
What services your agent will provide
What compensation they're seeking (either a flat fee, a percentage of purchase price, or another structure)
How that compensation will be paid — whether through a seller concession, directly by you, or a combination
Here's what hasn't changed: sellers can still offer to cover buyer agent compensation as a concession. Many do. But it's now negotiated transaction by transaction, not baked into every listing automatically.
For buyers in competitive Charlotte submarkets — from Plaza Midwood infill homes to new construction in Waxhaw and Indian Trail — understanding this upfront prevents surprises at the closing table.
Why This Is Actually Good for Buyers
The old model was opaque. Compensation was buried in the MLS data you never saw. Most buyers had no idea what their agent was being paid, or whether that structure created any conflict of interest.
The new model puts that conversation front and center. Before you spend a single weekend looking at homes in the Charlotte metro, you and your agent will have had a direct discussion about services and compensation. That's transparency. That protects you.
It also reinforces something NCREC has required all along: your agent owes you fiduciary duties. Loyalty. Disclosure. Confidentiality. Reasonable skill, care, and diligence. Knowing how your agent is compensated is part of that picture — and now, it's impossible to avoid the conversation.
What to Ask Before Signing a Buyer Agency Agreement in Charlotte
Before you sign anything, ask these questions:
What services are included? Beyond showings — negotiations, due diligence guidance, contract review, vendor coordination?
What is the compensation amount, and how is it structured?
What happens if the seller doesn't offer a concession to cover it?
Is this agreement exclusive? For how long?
What are the termination provisions if the relationship isn't working?
A good buyer's agent will welcome every single one of these questions. An agent who can't answer them clearly isn't the right fit.
Frequently Asked Questions
Do sellers in Charlotte have to pay my buyer's agent? No. Since the NAR settlement, sellers are no longer required to offer buyer agent compensation through the MLS. However, many sellers still offer concessions that can cover buyer agent fees — this is now negotiated as part of the transaction rather than assumed from the start.
Can I work with an agent in Charlotte without signing a buyer agency agreement? For a limited time and under limited circumstances, yes — NC law permits initial oral, non-exclusive buyer agency agreements. But before making any offer on a home, the agreement must be in writing. Most experienced agents will want to formalize the relationship before investing significant time in your search.
Does this mean buying a home in Charlotte is more expensive now? Not necessarily. The cost of representation hasn't changed — what changed is how it's documented and negotiated. Many sellers continue to offer concessions. Your ability to negotiate a favorable outcome depends on the market, the property, and having an agent who understands how to structure the deal.
Ready to talk through how buyer agency works and what to expect in today's Charlotte market? Tarah and Ben Horton with Team Horton Realty brokered by EXP Realty are here to walk you through every step before you start your search.
Book a free strategy call with Tarah and Ben Horton at 704-327-3779.
Tarah and Ben Horton | REALTORS® | Team Horton Realty brokered by EXP Realty | Greater Charlotte, NC
