How Agent Pay Works for Military Buyers and Sellers
Updated: Oct 5
How real estate agents get paid changed in August 2024, and military families still ask me about it every PCS season. As a military spouse for more than 30 years and an Arlington Associate Broker with 560+ transactions, I've worked under both the old and new rules. Here is what changed, and what it means if you're using a VA loan.
This article is general information, not tax, legal or financial advice.
What changed on August 17, 2024
After the National Association of REALTORS® settled the commission lawsuits, these practice changes took effect for agents who use a Multiple Listing Service (MLS):
Written agreement before touring. You must sign a written agreement with your buyer's agent before touring a home, in person or by live video. You don't need one just to talk with an agent or visit an open house.
Clear compensation. The agreement must state the agent's pay in objective terms, such as a flat fee, a percentage or an hourly rate. It can't say "whatever the seller offers."
A cap. Your agent can't receive more than the amount in your agreement from any source.
Negotiable. The agreement must say that fees are fully negotiable and not set by law.
No compensation offers on the MLS. Sellers can still offer to pay the buyer's agent, but not on the MLS. Sellers can still offer buyer concessions, such as help with closing costs, on the MLS.
If you're buying
Read the agreement before you sign. Ask what services are included, how long it lasts and how to end it.
Plan for who pays. Many sellers still offer to pay the buyer's agent, but it isn't guaranteed. You can ask for it in your offer.
Budget for it. If the seller doesn't pay, you may owe some or all of your agent's fee at closing.
If you're using a VA loan
VA rules used to bar veterans from paying their own buyer's agent. In 2024, VA issued Circular 26-24-14, a temporary change that lets veterans pay reasonable and customary buyer's agent fees. VA still lists it as valid until rescinded. A few points to know:
The fee can't be rolled into the loan amount.
Your lender has to report it on the Closing Disclosure.
Sellers can still pay your agent, and seller-paid broker fees work as they always have.
In 2025, Congress passed the VA Home Loan Program Reform Act (Public Law 119-31). It requires VA to report on how it will keep veterans from being disadvantaged in getting an agent. VA's rules can change, so confirm the current policy with your lender before you write an offer.
If you're selling
You choose whether to pay the buyer's agent. It isn't required. Offering it, or offering closing-cost help, can widen your pool of buyers, especially VA buyers who are short on cash at closing.
Your listing agreement sets your own agent's fee. It's negotiable.
On a PCS timeline, the right offer of buyer-agent pay or concessions can help a home sell sooner. I'll show you what similar homes nearby have done.
Choosing an agent
Ask any agent you interview how they're paid, what's included and how they handle VA offers. Low-fee and flat-fee options exist. Make sure the service level fits a move where you may be buying from another state. Experience with military moves and VA loans matters.
In Northern Virginia
In Northern Virginia, most sellers still offer something toward the buyer's agent, but it varies by home and neighborhood. I'll walk you through the buyer agreement before we tour, and I'll show you what sellers nearby have offered. My Northern Virginia PCS guide and neighborhood guide are good places to start.
Last reviewed: October 2026
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