Understanding the New MLS Rules on Compensation Offers

As of August 17, 2024, the MLS no longer displays compensation offers for buyer or tenant agents, including commissions and concessions. Some MLS platforms may provide dedicated fields for concessions, but commissions cannot be listed as concessions.

Q: What wording should I avoid in my MLS listing to prevent fines?
A: Any reference to commissions, bonuses, or compensation is prohibited. Avoid phrases like:

• Referral fee possible
• Commission paid for a 12-month lease
• Concessions available
• Broker co-broke is paid
• Any mention of "commission(s)" or "compensation"

Violating these rules will result in fines issued by the MLS, which will be passed on to you.

Q: Am I obligated to pay commission for offers received after the rule change?
A: No. Any offers received after August 17, 2024, are not governed by the MLS rules for compensation. You can still choose to pay a commission, but this must be handled through the contract paperwork, not the MLS.

Q: What about offers accepted before August 17, 2024?
A: Yes, if you accepted an offer before the rule change, you are obligated to pay the commission outlined in the agreement.

Q: Can I offer compensation or bonuses to buyer/tenant agents in the MLS?
A: No. Offering compensation or bonuses in any MLS field or uploaded document is strictly prohibited. Violations will result in fines passed on to you.

Q: Can I state concessions in the property description or private remarks?
A: Only if your MLS provides a specific field for concessions. However, agent commissions cannot be referenced as concessions under any circumstances.

Q: Can I still pay a commission to an agent?
A: Yes, you can pay a commission, but no mention or indication of this can be made in the MLS.

Q: Do these rules apply to both buyer and tenant agents?
A: Yes, the new rules apply to all compensation for buyer and tenant agents.

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