Indiana sellers are no longer required to offer buyer agent compensation in the MLS under the NAR settlement rules that took effect August 17, 2024. You can choose to offer nothing, offer a specific percentage, or negotiate it directly through the purchase contract. That said, most Hendricks County sellers are still offering some form of buyer agent compensation — because walking away from that leverage tends to shrink the buyer pool and can cost more in net proceeds than it saves.
The question has been circulating in Hendricks County for over a year now: do I still have to pay the buyer’s agent commission after the NAR settlement?
The short answer is no — not in the way that was once standard. The longer answer is that Indiana was actually ahead of this change, and understanding what the settlement really shifted (and what it didn’t) will help you make a smarter decision when you list.
What the NAR Settlement Actually Changed for Indiana Sellers
Before we get into the strategy, let’s be clear about what happened.
The NAR settlement — effective August 17, 2024 — ended the longstanding practice of requiring sellers to offer buyer agent compensation as a condition of listing on the MLS. Under the old model, a seller would offer a blanket compensation split to any buyer’s agent who brought a buyer. That offer had to be in the MLS listing itself. That requirement is gone.
Here’s the Indiana angle that often gets missed: Indiana actually beat the NAR settlement to this by about six weeks. Indiana HB 1068, which took effect July 1, 2024, required written buyer agency agreements before buyers could tour homes — meaning buyer-agent relationships and compensation were already being formalized in Indiana before the national rule went into place. Indiana sellers were essentially operating under a more transparent commission framework before the rest of the country caught up.
What that means in practice: buyer agent compensation is now a negotiated term, not a listing requirement. It can be:
- Proposed by the buyer as a seller concession in the purchase contract
- Agreed upon in a buyer-broker agreement between the buyer and their agent (paid by the buyer)
The standard split that was common in Hendricks County is no longer a default. It’s a starting point for negotiation.
For current pricing and market activity in Hendricks County, see the latest Hendricks County market stats.
What Hendricks County Sellers Are Actually Doing Right Now
Here’s what I’m seeing across the west side and Hendricks County: most sellers are still offering buyer agent compensation, but the amounts are more deliberate now.
Offers are still common, but sellers are making that decision strategically – not as a default. In a more competitive multiple-offer situation, a seller with strong pricing might skip the offer entirely. In a longer-days-on-market environment where buyer activity is softer, offering buyer agent compensation becomes a meaningful tool.
The practical reality is that many buyers, especially FHA and VA buyers (first-time home buyers), can’t easily roll buyer agent compensation into their transaction out of pocket. If a buyer’s agent charges a fee for services provided and the buyer can’t pay that at closing, they’re going to gravitate toward sellers who are offering it. Not offering puts you out of reach for a portion of the market without intending to.
If you’re trying to figure out how commission decisions affect your bottom line, it’s worth reading through what sellers typically net at closing in Hendricks County — the commission structure is one of several cost factors that shapes your real number.
There’s also a practical rule change to be aware of: if your listing agent wants to communicate a buyer agent compensation offer to the buyer’s agent community, they need your written authorization first. That’s part of the post-settlement compliance layer — it’s a simple step, but your agent should be walking you through it, not skipping it.
The Real Cost of Not Offering Buyer Agent Compensation
This is where sellers sometimes get tripped up. The logic feels reasonable: if I don’t offer buyer agent compensation, I potentially save 2.5–3%. On a $365,000 home, that’s roughly $9,000 back in my pocket.
But the math doesn’t always work out that way.
When a buyer’s agent isn’t going to be compensated by the seller, the buyer either has to pay that out of pocket, negotiate it into the offer price as a concession, or choose a different home. The buyers who can absorb that are typically well-capitalized with strong financing. FHA buyers, VA buyers, and buyers stretching to afford the price point don’t have a lot of flexibility — and they make up a real portion of the buyer pool, especially in the $300,000–$400,000 range that defines most of Hendricks County.
Fewer competing offers means less leverage. Less leverage often means a lower final sale price. When you run the actual math – offer price, days on market, price reductions – saving on buyer agent compensation can end up costing more than it saved.
That doesn’t mean you should always offer the full buyer agent comp. It means the decision should be deliberate, market-informed, and tied to your specific situation. Reach out if you want to work through what makes sense for your home and price point. This is one of the first conversations I have with sellers right now, because the answer genuinely varies.
The right call depends on your local competition, days on market, price point, and the financing profile of buyers who are typically shopping in your range. That’s not a formula, it’s a market read.
If you’re also thinking about how pricing strategy fits alongside commission decisions, pricing a home in a softer market covers the positioning side of that equation.
Curious what your home is worth and how commission choices would affect your net? I’m happy to walk you through a personalized home valuation with a real net sheet — no pressure, no obligation. Reach out here or call/text 317-987-7068.
Want to know what past clients say about working with me? Read my reviews on Google, Zillow, and Realtor.com.
Frequently Asked Questions
Do Indiana sellers legally have to pay the buyer’s agent commission?
No. Since the NAR settlement took effect August 17, 2024, sellers are no longer required to offer buyer agent compensation as a condition of listing on the MLS. Indiana HB 1068 — which predated the settlement by six weeks — also formalized buyer agency agreements, meaning Indiana was already moving toward a more negotiation-based commission structure before the national rules changed. Sellers can offer buyer agent compensation, decline to offer it, or negotiate it as part of the purchase contract.
What happens if I don’t offer buyer agent compensation in Indiana?
If you don’t offer buyer agent compensation, the buyer’s agent will either need to be compensated by the buyer directly, negotiate compensation into the purchase offer as a seller concession, or work for a reduced or flat fee. In practice, buyers who can’t easily pay their agent out of pocket, especially FHA or VA borrowers, may avoid your listing in favor of sellers who are offering comp. It can shrink your buyer pool, which affects your leverage and ultimately your sale price. Not sure how your specific situation stacks up? Let’s talk through the numbers.
Can a buyer ask the seller to cover their agent’s commission after the NAR settlement?
Yes. Buyers can include a request for seller-paid buyer agent compensation as part of their purchase offer, framed as a seller concession. This is actually one of the more common ways it plays out post-settlement – the buyer makes an offer that includes a line for buyer agent comp, and the seller accepts, counters, or declines. If you’re reviewing offers, your agent should walk you through how buyer agent comp requests factor into your actual net. Reach out and I can show you how this breaks down on a real offer.
Does the NAR settlement affect what I pay my listing agent?
No. The NAR settlement specifically addressed how buyer agent compensation was offered through the MLS – it had no direct effect on listing agent compensation. Your listing agent’s commission is still negotiated directly between you and your agent in the listing agreement. The total commission structure has become more flexible, but what you pay your listing agent hasn’t changed in principle — it’s still a negotiated agreement.
About René Hauck, REALTOR®
René Hauck is a REALTOR® with RE/MAX Advanced Realty, based in Plainfield, Indiana. Licensed since 2014, she’s guided 240+ buyers and sellers to successful closings totaling $51M+ in volume across Plainfield, Avon, Brownsburg, Danville, Mooresville, and the west side of Indianapolis. She specializes in helping clients navigate life-transition moves — downsizing, right-sizing, estate sales, and relocation — with clear communication, strong negotiation, and systems that keep transactions on track with less stress. René holds the Seniors Real Estate Specialist® (SRES®) designation and the Pricing Strategy Advisor (PSA) certification. She’s passionate about negotiating, understanding market value, and guiding clients through some of the most personal decisions they’ll ever make. Reach her at renehauckrealestate.com or 317-987-7068.
