In 2024, the National Association of Realtors reached a landmark settlement that fundamentally changed how real estate commissions are structured and disclosed. For El Paso buyers, these changes have practical implications for how you work with agents, what you pay for representation, and how you negotiate the purchase of your next home. This guide breaks down the key changes and what they mean for you in 2026.
What Changed: The Key Provisions
The two most significant changes from the NAR settlement affect buyers directly. First, buyer agent compensation can no longer be advertised through the MLS. Previously, sellers would list a specific buyer agent commission in the MLS, and that information was visible to all agents. Now, that field has been removed. Second, buyers are required to sign a written agreement with their agent before touring homes. This agreement must specify how the agent will be compensated.
In practical terms, this means you need to have a clear conversation with your buyer's agent about their fees before you start looking at properties. The compensation can come from different sources: you can pay your agent directly, you can ask the seller to contribute to your agent's compensation as part of your offer, or a combination of both.
How This Affects El Paso Buyers
In El Paso's market, the transition has been relatively smooth. Most sellers continue to offer some form of buyer agent compensation — typically 2% to 3% — because it broadens their buyer pool. However, this is no longer guaranteed. When you make an offer on a home, you may need to negotiate the seller's contribution to your agent's compensation as part of the purchase terms.
For military buyers using VA loans near Fort Bliss, there is an important consideration. VA buyers historically could not pay buyer agent commissions directly. Recent VA policy updates have provided more flexibility, but the rules continue to evolve. If you are using a VA loan, discuss commission arrangements with both your lender and your buyer's agent to ensure compliance.
The Buyer Representation Agreement
Before an agent can show you homes, they will ask you to sign a buyer representation agreement. This document specifies the duration of the agreement, the geographic area covered, the agent's compensation rate, and the services the agent will provide. Read this document carefully. You are not locked in forever — most agreements are for 30 to 90 days and can be terminated with notice.
- Ask about the compensation rate and whether it is negotiable.
- Confirm whether the agent's fee can be paid from seller concessions at closing.
- Understand the termination clause — how and when you can end the agreement.
- Ask what specific services the agent will provide in exchange for their fee.
- Compare rates and services from multiple agents before committing.
Negotiating Commission as Part of Your Offer
One of the most practical outcomes of the NAR settlement is that buyer agent compensation is now an explicit part of offer negotiations. When you submit an offer on an El Paso home, you can include a request for the seller to cover your agent's compensation. This is similar to asking for closing cost concessions, which has always been a standard negotiation point.
In a competitive market, asking the seller to pay your agent's fee may weaken your offer relative to one that does not make that request. In a balanced or buyer-friendly market, sellers are typically willing to contribute. In El Paso's current conditions — moderate inventory with homes in the core price range selling within 30 to 50 days — most sellers are receptive to reasonable concession requests.
What This Means for Your Bottom Line
The NAR settlement ultimately gives buyers more transparency and potentially more negotiating leverage. You now know exactly what your agent is being paid and have the ability to shop for representation based on value rather than a hidden, standardized commission. Some buyers may choose to negotiate a reduced rate with their agent, while others will value full-service representation and pay accordingly.
For a deeper understanding of how commissions work in Texas and how flat-fee listing options can benefit you when you are ready to sell, visit our <a href='/compare'>plan comparison page</a>. And if you are buying your first home in El Paso, our <a href='/buyers/orientation'>buyer orientation page</a> provides a comprehensive guide to navigating the process in today's market.