Who Pays the Buyer's Agent in Kansas Now? What Buyers and Sellers Need to Know

If you've searched "who pays the buyer's agent" lately, you're not alone. Real estate commissions changed nationwide in 2024, and a lot of the old assumptions buyers and sellers used to rely on don't automatically apply anymore. Here in Topeka and Shawnee County, we're fielding this question from both sides of the table almost every week.

Sellers want to know if they're on the hook for a cost they didn't used to think twice about. Buyers want to know if signing something locks them into a commitment they don't fully understand yet. Let's walk through both.

How It Used to Work

For decades, the typical setup was simple on the surface. A seller signed a listing agreement with their agent, and that agreement included an offer of compensation to whichever agent brought the buyer. The buyer rarely saw a bill for their agent's services directly, because it was baked into the deal before they ever walked in the door.

That structure was convenient, but it also meant a lot of buyers never had a real conversation about what their agent was being paid, or why.

What Changed in 2024

Following a national settlement involving the National Association of Realtors, two big things changed across every MLS system in the country, including the ones used here in Kansas.

First, offers of buyer agent compensation are no longer published on the MLS listing itself. Second, buyers are now required to sign a written agreement with their agent before touring homes, spelling out how that agent gets paid and what services they're providing.

Neither change outlaws a seller from paying a buyer's agent. It just means the arrangement has to be worked out directly, instead of assumed.

So, Who Actually Pays the Buyer's Agent Now?

Short answer: it's negotiable, on a deal by deal basis.

A seller can still choose to offer compensation toward the buyer's agent, often as part of the overall offer negotiation. Some sellers do this because it keeps their home competitive with others on the market. A buyer can also agree to pay their agent directly, or ask that it be covered through the purchase offer as a seller concession.

There's no single rule anymore that applies to every transaction. It depends on what's negotiated between the buyer, the seller, and their respective agents.

If You're Selling: Do You Have to Pay It?

No. You are not required to offer compensation to a buyer's agent. That decision is entirely up to you as the seller.

That said, plenty of sellers still choose to offer it, because in a market where buyers are weighing multiple homes, a listing that doesn't address this at all can quietly lose ground to one that does. Whether that trade-off makes sense for your situation depends on your price point, your timeline, and how your home compares to what else is active in Shawnee County right now. That's a conversation worth having with your agent before you list, not after an offer comes in. Our full guide for home sellers walks through more of what goes into that decision.

If You're Buying: Are You Locked In If You Sign?

This is the one causing the most anxiety, and it's a fair question.

The buyer representation agreement you're asked to sign before touring homes is a real contract, and you should read it before you sign it, not after. It should spell out:

• How long the agreement lasts
• Whether it's exclusive to that one agent or not
• How the agent gets paid, and from whom
• What happens if you decide to work with someone else

Here's the part that tends to get lost: these terms are often negotiable. You can ask for a shorter term, ask questions about compensation before you sign anything, and you are not required to sign with the first agent you talk to. Signing a buyer agreement isn't a trap, but it is a real commitment, so treat it the way you'd treat any contract. If anything in it is unclear, it's worth asking your agent to walk through it line by line, or having an attorney review it if you want a second set of eyes.

Why This Makes Good Representation Worth More, Not Less

This whole shift adds a negotiation that didn't used to exist in most transactions: an upfront conversation about who pays whom and how much. That's one more thing buyers and sellers have to get right, on top of everything else that goes into a home sale.

This is exactly the kind of moment where having someone who handles these conversations regularly makes a real difference. Team Ringgold works through buyer agreements and compensation negotiations with clients across Topeka and Shawnee County on a weekly basis at this point, so you're not the one figuring out brand new contract language for the first time in the middle of buying or selling a house.

None of this is legal or financial advice. Contract terms vary, and if you want specifics on how a buyer representation agreement or listing agreement applies to your situation, it's worth a conversation with a real estate attorney in addition to your agent.

Have Questions About Your Specific Situation?

Whether you're buying your first home in Topeka or getting ready to list, it's worth understanding exactly what you're agreeing to and why, before you sign anything. Reach out to Team Ringgold here and we'll walk through how this applies to your specific situation, no pressure, no obligation.