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Does the Seller Pay the Buyer’s Agent Commission in Colorado?

The real estate industry in Colorado is facing potential changes regarding the payment of commissions to buyer’s agents. Recent legal challenges, such as the ruling against the National Association of Realtors (NAR) and several brokerages for illegal price-fixing, have brought this issue into the spotlight. As a home seller in Colorado, it’s essential to understand how these developments may affect commissions and who ultimately bears the cost.

In this blog post, Barb Schlinker and the real estate experts at Your Home Sold Guaranteed Realty - Barb Has the Buyers Team examine whether the Seller pays the Buyer’s Agent Commission.

Key Takeaways

  • Current Commission Structure: In Colorado, sellers typically pay a commission of 5% to 6% of the sale price, which is split between the seller’s agent and the buyer’s agent upon a successful transaction.
  • Legal Challenges and Uncertainty: Recent legal rulings against the NAR and brokerages for price-fixing have put existing commission rates at risk. While changes are expected, the timeline remains uncertain due to ongoing appeals and potential lawsuits.
  • Potential Impact on Affordability and Industry Dynamics: The outcome of these legal challenges could significantly impact home affordability and the real estate industry. Reducing commissions may not directly lower house prices but could lead to shifts in how commissions are structured and paid, potentially affecting companies like Zillow, Redfin, and Opendoor.

Understanding Commission Payments

In Colorado, the seller typically pays the commission for the buyer’s agent. This practice is standard in the industry and often a requirement for listing a property on the local multiple listing service (MLS). Commission rates typically range from 5% to 6%, with the seller’s agent splitting the commission with the buyer’s agent upon a successful sale. However, recent legal challenges pose a threat to this established practice.

Impact of the NAR Lawsuit

The ruling against the NAR and brokerages in Missouri highlights the potential risks associated with current commission structures. While changes won’t happen immediately, the decision to appeal suggests a prolonged period of uncertainty. If successful, similar lawsuits could emerge, leading to widespread repercussions within the real estate industry.

Who Pays the Commission?

Despite the legal complexities, the fundamental question remains: who ultimately pays the buyer’s agent commission? Currently, the burden falls on the seller, creating a system where buyers receive representation at no direct cost. This setup has faced criticism, with concerns about fairness and transparency.

Navigating the Changing Landscape

For home sellers navigating this changing landscape, it’s essential to stay informed and adapt accordingly. While the outcome of the NAR lawsuit remains uncertain, proactive measures can include engaging with knowledgeable real estate professionals and exploring alternative models for commission payments.

As the real estate industry in Colorado grapples with legal challenges and potential reforms, the question of whether the seller pays the buyer’s agent commission remains central. Understanding the implications of the NAR lawsuit and staying up-to-date with developments can empower home sellers to make informed decisions in an evolving market.

Call Colorado Springs Real Estate Expert Barb Schlinker

Does the Seller Pay the Buyer's Agent Commission in Colorado?
Barb Schlinker

After serving in the Navy for many years, including the intelligence field, Barb Schlinker became a realtor in her local, Colorado Springs area. She’s a seasoned leader with 30+ years in real estate, an author, pilot, mother, and business woman.

Barb Schlinker is also the host of the weekly radio show: Your Real Estate Voice, where she provides valuable information about buyer and selling homes.

The show airs every Saturday from 12-1pm on KVOR AM 740, KNUS AM 710, AM1300 Sports Talk, and AM 990 Talk. This popular show is also available for Podcast Download with over 5000+ downloads to date. You can download Barb’s show in all the popular podcasts sites here:

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*Disclaimer: This blog post is for informational purposes only and should not be construed as legal or financial advice. Readers are encouraged to consult with qualified professionals for personalized guidance on real estate transactions.*


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