Who pays the buyer's agent in Scottsdale, Arizona now?

Who pays the buyer's agent in Arizona is something you and your agent settle in writing before you tour a home. The agreement names the amount, and the money can come from you, from the seller, or from a share of what the listing agent is paid, but an offer to pay it can no longer be posted in the ARMLS listing. Before I show a buyer a single house, I walk them through pre-approval and the buyer broker agreement, so they know the number before we tour anything.

I'm Jen Keene, a REALTOR® with eXp Luxury in Scottsdale, AZ, helping people buy and sell homes in the Scottsdale area. Everything below is what the published rules say as of October 29, 2026, and I've named the source for each one so you can read it yourself.

None of this is legal advice. A licensed Arizona attorney can tell you what a specific contract means for you, and your lender can tell you what your loan allows.

Two things changed after the National Association of REALTORS® (NAR) settlement. According to NAR, written buyer agreements are now required before a buyer tours a home, and offers of pay to a buyer's agent can no longer be shared on a Multiple Listing Service (MLS). NAR's national effective date was August 17, 2024, and NAR describes the written agreement as part of its settlement rather than a law.

ARMLS, the Arizona Regional Multiple Listing Service I use, began enforcing its version on August 1, 2024. Its settlement page says the pay fields were removed from ARMLS that day, that ARMLS will not publish a listing that includes an offer of pay to a buyer's broker, and that a written agreement is required before showing residential for-sale properties. It also says a commission can't be mentioned anywhere in a listing, including the remarks, photos and documents, and that hints and coded wording are covered too. NAR says the requirement covers in-person tours and live virtual tours, and that you don't need one to walk through an open house on your own or to ask an agent about their services.

In August 2026, the Eighth Circuit Court of Appeals affirmed approval of the settlement in Burnett v. National Association of Realtors. Both Duane Morris and RISMedia report the ruling was issued on August 19, 2026, and RISMedia says it likely ends any chance the practice changes will be overturned, though it could still reach the Supreme Court in theory.

NAR's settlement FAQ says buyer agents are paid in several ways, and it lists three: a fixed fee paid by the buyer, a seller credit, and a portion of the listing agent's pay. It also says the amount stays negotiable and should be worked out between the agent and the buyer they represent.

A seller can still offer to pay the buyer's agent, but the offer has to be made off the MLS. ARMLS says broker-to-broker pay can be offered outside the MLS with the seller's permission, and NAR says that can be through flyers, emails, signs or a brokerage website. NAR's FAQ also says a buyer can ask the listing agent to pay the buyer's agent, and that a buyer and agent can protect themselves by putting that in writing, either in the broker agreement or in the sales contract. NAR adds that the listing agent has to tell the seller in writing, with the amount or rate, and get the seller's approval before anything is paid.

A seller credit toward your closing costs is a separate tool. ARMLS says those fields stay at the end of the transaction as closing information and that a seller credit may be mentioned in the public remarks. Both ARMLS and NAR say a seller credit can't be limited to, or depend on, paying a buyer's broker, so a seller can't tie a credit to who the buyer hires.

Whatever part of your agent's fee the seller doesn't cover is yours. Whether a loan can pay any part of that turns on the loan program and the date. NAR's FAQ, last updated in September 2024, said Fannie Mae, Freddie Mac and FHA would not allow a buyer to finance a commission into the mortgage at that time, and that is two years old now, so ask your lender what your program allows today and get the answer in writing.

NAR, ARMLS and an AZ Big Media report on the Arizona REALTORS forms all list the same requirements for the amount and for negotiability. ARMLS also says it does not require a specific form and that it can ask to see an agreement at any time. Here is what the agreement has to say, followed by what else to read before you sign.

1. The amount or rate, stated clearly. It has to be specific and objective, such as $0, a flat fee, a percent or an hourly rate. NAR says it can't be open-ended, so wording like "whatever the seller is offering" or a range is not allowed.
2. A limit on what the agent can receive. The agreement must say the agent can't be paid for brokerage services, from any source, more than the amount or rate you agreed to.
3. A statement that fees are negotiable. The agreement has to say that agent fees and commissions are not set by law and are fully negotiable.
4. The term. NAR says its policy does not set how long the agreement lasts, and gives one day, one month and one house as examples. NAR's consumer guide says the length is something you can negotiate, so ask whether it covers one home or every home you look at.
5. The services. NAR doesn't dictate which services the agent provides either, and its consumer guide says to only sign an agreement that reflects what you have agreed to.
6. How to leave it. NAR's consumer guide says agreements may have specific conditions for exiting, and that you and your agent can agree to change the agreement. Read that part of the text before you sign.

I go over the agreement with every buyer before we see a house.

Ask this one before you sign, because the agreement you sign is what answers it. NAR's consumer guide says you can still ask the seller or the seller's agent to pay, and that you remain responsible for paying your agent as the agreement says. The limit works in the other direction too, since the agent can't receive more from any source than the agreement allows.

That leaves three numbers to line up: what your agreement says, what the seller agrees to in your offer, and the gap between them if there is one. Ask your agent to tell you in writing how a gap would be handled and who covers it. If the answer is that you would, you can ask for a higher seller contribution in the offer, or you can plan for the difference in your cash to close.

According to the Consumer Financial Protection Bureau's rule on the Closing Disclosure, the commission amount shown has to be the total paid to any real estate brokerage. Ask your lender and your escrow officer for the draft closing papers ahead of time, and ask them to show you where the seller's payment and your own payment, if any, appear.

On the lender side, Fannie Mae and Freddie Mac each issued notices on April 15, 2024. As reported by the ABA Banking Journal and the Northern Virginia Association of REALTORS®, they said that when a seller or seller's agent keeps paying the buyer's agent under local common practice, those amounts are not counted toward the limits on seller contributions. HUD's March 27, 2024 statement says that under existing FHA policy, seller-paid buyer-side commissions would not be treated as interested party contributions if the seller keeps paying them under state or local law or local custom, the amounts are reasonable, and all other requirements are met.

Those are 2024 statements, and they apply to those loan types. A seller credit toward your closing costs is a different thing from the agent's fee, and loan programs set their own limits on it, so tell your lender early how you expect the agent to be paid. Your lender will tell you which limits apply to your loan, including VA, which NAR's 2024 FAQ described as changing that summer.

• Touring before you sign. NAR and ARMLS both put the agreement before the showing, whether the tour is in person or a live video tour.
• Signing without reading the pay line. If it says a range, or whatever the seller offers, that doesn't meet the requirement, so ask for it to be rewritten with a set amount or rate.
• Assuming the seller will pay. A seller can offer, and a buyer can ask, but nothing in the rules makes the seller do it.
• Assuming the rate is set by law. NAR, ARMLS and the Arizona news coverage all say fees and commissions are not set by law and are fully negotiable.
• Leaving the gap unanswered. If the seller pays less than your agreement says, you need to know ahead of time who pays the rest.
• Signing with a second agent by accident. AZ Big Media's report says to tell your REALTOR if you already signed a representation agreement with another licensee.
• Telling your lender late. Your lender needs to know how the agent will be paid before you write an offer, because seller credits and loan limits can interact.

Here's an example with letters instead of dollar amounts, because the amounts are for you and your agent to agree on. If your agreement lists a flat fee of $X and you write an offer that asks the seller to cover part of it, three things can happen.

If the seller agrees to the full $X, the agreement is satisfied. If the seller agrees to $Y, which is less than $X, the agreement you signed decides whether you owe the difference of $X minus $Y, which is why it's worth settling before the first tour. If a seller offers more than $X, the agent can't receive more than the agreement allows.

Get pre-approved, then read the buyer broker agreement before you sign it, and ask the questions above. Here's how buying works in Arizona, step by step. Here's how financing works when you buy a home, and here's what the buyer pays and what the seller pays at closing in Arizona.

If you're looking in Scottsdale, here's my guide to buying a home in Scottsdale, and here's what happens during escrow in Arizona.

If you'd like to go over the agreement before you sign one, get in touch or call me at (480) 203-6605.