The most-asked question I get from out-of-state buyers in 2026 is some version of "wait — do I have to pay my agent now?" The short answer: not necessarily, but how that gets handled has changed, and it's now in writing before any showings. The longer answer is what this guide is for.
I'm a Franklin, NC eXp Realty agent. I work with a lot of out-of-state buyers — particularly Florida transplants moving to the Carolina Smokies — and the post-NAR-settlement reality has been the single biggest source of confusion for buyers crossing state lines into NC. Half the time it's because their previous state's rules were different; half the time it's because something they read online about "the settlement" was already out of date. Let's get this clean.
What Actually Happened: The August 2024 NAR Settlement
In March 2024, the National Association of Realtors agreed to a $418 million settlement of antitrust lawsuits brought by home-seller plaintiffs. The settlement's key practice changes — which took effect August 17, 2024 — reshaped how real estate commissions are negotiated and disclosed across the country. Two changes matter most for NC buyers:
- Written buyer-agency agreements are required before showings. A buyer's agent cannot legally show you a property without a signed written agreement that defines compensation and the scope of representation.
- Buyer-agent compensation is no longer advertised in the MLS. Before August 2024, every MLS listing included a field showing what compensation would be offered to the buyer's agent. That field is gone. Compensation is now negotiated in the offer itself, typically as a seller concession.
The North Carolina Real Estate Commission's bulletins and the NC Realtors guidance both confirm these are now the operating rules for every NC transaction. (Sources: NCREC Bulletins on the NAR settlement and commission rules; NC Realtors' Written Buyer Agreements FAQ.)
NC Was Already One of the More Disclosure-Mature States
Here's the part most NC-specific coverage doesn't make clear: North Carolina was one of about 18 states that already required written buyer-agency representation agreements before the settlement. The August 2024 changes formalized and tightened practices that had been NC standards for years. So if you've worked with a NC buyer's agent before, you've probably signed a "Working With Real Estate Agents Disclosure" and a "Buyer Agency Agreement" — both forms predate the settlement.
What the settlement did change for NC, specifically:
- Compensation has to be in writing in the agreement, not assumed from MLS data. Before, the working assumption was that the listing brokerage would pay the buyer's agent according to the MLS-advertised compensation. Now, the buyer-agency agreement spells out exactly how the buyer's agent gets paid — even if the answer is "by seller concession in the offer."
- The agreement must define a "showing scope" and a "term." Previously, NC agreements were often relatively loose; now they're more like leases — specific properties or specific time periods.
- Buyer-agent compensation has to be addressed in every offer, not assumed. Most NC offers in 2026 use a "seller concession" framework where the seller agrees to credit the buyer for the buyer-agent compensation at closing.
Carolina Journal's coverage of the NAR settlement and its NC effects walks through the specifics in more detail. (Carolina Journal: "The NAR Settlement: A New Era for NC Realtors and Homebuyers.")
Do I Have to Pay My Buyer's Agent Now?
This is the question. The honest answer: in most NC residential transactions, the buyer's agent is still ultimately compensated by the seller — but it's now negotiated explicitly in the offer rather than assumed from the MLS.
Three common structures in 2026:
1. Seller Concession to Cover Buyer-Agent Compensation (most common)
The buyer's offer includes a clause asking the seller to credit a specific dollar amount or percentage at closing — typically 2.5–3% of the purchase price — to cover the buyer's agent commission per the buyer-agency agreement. The seller's net is similar to what it would have been pre-settlement (because the listing agreement still shows the same total commission). For the buyer, the practical effect: no out-of-pocket commission cost, but the offer's gross price reflects this concession.
2. Seller Refuses Concession, Buyer Pays Out of Pocket (rare)
Some seller listings explicitly refuse buyer-side commission concessions. In those cases, the buyer-agency agreement obligates the buyer to pay the agent's commission directly — typically due at closing as a separate line item. This is rare in the WNC market but increasingly common in some hotter US markets where sellers don't need to make concessions to find buyers.
3. Negotiated Hybrid
Sometimes the seller agrees to a partial concession (e.g., 2% from the seller, 1% from the buyer). Sometimes the buyer-agency agreement is structured as a flat fee or capped amount that's lower than typical percentage commissions. Sometimes the seller offers a higher purchase price in exchange for a higher concession. All of these are negotiable.
For most WNC residential buyers in 2026, structure #1 is the norm. The buyer's agent gets paid through a seller concession built into the offer; the buyer doesn't write a check. But the path is now explicit and contractual rather than assumed.
For the broader NC commission picture, see Can You Negotiate Realtor Fees in NC? — that piece covers the full commission landscape including listing-side dynamics.
What's Actually in a NC Buyer-Agency Agreement
A standard NC buyer-agency agreement in 2026 covers:
- Term — how long the agreement is in effect (often 30–180 days, sometimes property-specific)
- Geographic scope — which counties or towns the agent will help you search in
- Compensation — exactly what the agent is paid, by whom, and under what circumstances
- Exclusivity — whether you can work with other agents simultaneously (most NC agreements are exclusive)
- Duties and disclosures — what the agent owes you (loyalty, confidentiality, accounting, reasonable care, disclosure)
- Termination — how either party can end the agreement
Every line is negotiable before you sign. The most-negotiated terms for buyers I work with are: the term length (shorter is more buyer-friendly), the geographic scope (broader is more buyer-friendly), and the compensation structure (capped flat fee can be cheaper than percentage on luxury properties).
Florida Transplants: What's Genuinely Different About NC
I made the FL→NC move myself, so I know the questions Florida buyers actually ask. Three things matter most:
1. Florida didn't have mandatory written buyer agreements before the settlement; NC did
If you bought a home in Florida pre-2024, your "buyer's agent" relationship was usually a verbal or implied arrangement. NC required something formal even then. So the August 2024 settlement felt like a much bigger change in FL than it did in NC. If you're moving from FL to NC, expect more paperwork up front than you're used to — and that's actually a good thing for buyers.
2. NC's "Working With Real Estate Agents Disclosure" comes first
Before any showings, your NC agent must give you the NCREC Working With Real Estate Agents Disclosure form. This explains the four possible relationships (seller's agent, dual agent, buyer's agent, transaction broker — though NC doesn't formally use the last term). Read it. The form is mandated; the conversation is required.
3. NC's "Due Diligence Period" is a big deal
NC offers include a Due Diligence Period — a defined window during which buyers can walk away from a contract for any reason without penalty (you forfeit a small Due Diligence Fee paid up front to the seller). This is one of the most buyer-protective contract structures in the country. Florida transplants are sometimes surprised by it; you can use this window to do inspections, perc tests on land, financing finalization, and any other diligence work. Use it well.
For the broader FL→NC move logistics, see Florida-to-WNC Relocation Checklist and Moving to Franklin NC from Florida.
Common Buyer Mistakes in 2026
Signing a 12-month exclusive buyer-agency agreement on your first call
Don't. A 30–90 day term is plenty for an active buyer; a 6-month term is for buyers who genuinely need that long. If an agent insists on 12 months, that's a sign to keep looking.
Assuming your agent will be paid "by the seller, like always"
That's the typical outcome but it's not automatic anymore. The buyer-agency agreement defines what happens if the seller refuses a concession. Read that clause carefully. Negotiate a "no concession, no buyer-paid fee" clause if you want the strongest protection.
Working with multiple agents informally
Most NC buyer-agency agreements are exclusive. If you've signed one and then ask another agent to show you a property, you might owe commission to your first agent regardless of which one closes the deal. If you want to work with multiple agents, negotiate a non-exclusive agreement up front.
Not asking what services are included
"Compensation" pays for showings, offer-writing, negotiation, due-diligence coordination, closing-table representation, and post-closing follow-up. If the agreement defines a lower compensation, make sure you know what's getting cut. A 1% buyer-agent fee that doesn't include after-hours negotiation support can cost you more in the long run than a 2.5% fee that does.
Common Questions
Can I tour a NC home without signing a buyer-agency agreement?
Generally no — not with a buyer's agent. You can attend public open houses without signing anything (the listing agent represents the seller, not you). Some agents will negotiate a "showing-only" agreement that's narrower than full buyer agency for exploratory tours. But for any serious viewing where the agent is acting in your interest, the written agreement is now required first.
What if I find a home I love but my buyer-agency agreement excludes that area?
Add the area via amendment, or work with a different agent for that specific property. Both are fine. This is one of many reasons not to sign a too-broad geographic scope up front.
Can the seller refuse to pay my buyer's agent?
Yes. Most won't, because doing so meaningfully narrows the buyer pool. But it's their right. Your buyer-agency agreement should specify what happens in that scenario — usually that you can either negotiate a price reduction to cover it, walk away from that listing, or pay out of pocket.
Is there a state-mandated buyer-agency agreement form in NC?
Yes — the NC Bar / NC Association of Realtors jointly publishes a standard form (the "Exclusive Buyer Agency Agreement"). Most NC agents use this form or a substantially similar variant. You can read it before signing; ask for a blank copy if your agent doesn't provide one up front.
Does the new written-agreement requirement apply to land or commercial transactions?
The settlement's specific practice changes apply to MLS-listed residential transactions. Land and commercial deals follow related but somewhat different agency-disclosure rules in NC. If you're buying raw land in WNC, the practical workflow is similar (written agency representation), but the specifics differ. See Buying Land in Western NC for the land-specific dynamics.
The Bottom Line
The August 2024 NAR settlement formalized a more transparent, more contractual buyer-agency framework. For NC specifically, the changes were less dramatic than in many states because NC was already disclosure-mature. The practical reality for most WNC buyers in 2026: you'll sign a written buyer-agency agreement before any showings, your agent's compensation will typically be paid by the seller as a concession in the offer, and the negotiation is more explicit than it used to be — but the net economics for most buyers are similar to pre-settlement.
The biggest improvement is for buyers themselves: clearer expectations, written commitments, and a more explicit conversation about who's representing whose interests. That's a good thing. The biggest risk for unprepared buyers is signing the wrong agreement — too broad in scope, too long in term, or too vague on compensation. So go in informed, read the agreement before signing, and negotiate the lines that matter to you.
If you're moving from out of state to WNC and want to walk through how a buyer-agency agreement would actually look for your specific situation, I'm happy to talk it through with no pressure. Let's connect.