Summit Keys

Buyer Guides · Resources · Utah · July 2026

Can the Seller Pay Your Realtor's Fee? In Utah, Yes — Here's How to Ask

8 min read· Utah · Nephi · Juab County·By Dana Hoyt · July 2026

The question worth asking

Most buyers assume the fee comes out of their pocket. Most of the time, it doesn't have to.

The August 2024 NAR settlement changed how buyer's agent compensation works — but it didn't eliminate it. Roughly 80% to 90% of Utah transactions still close with the seller covering the buyer's agent fee. The difference now is that buyers need to know to ask for it rather than assuming it's automatically included.

This guide explains what changed, how the process works in Utah, and what to know before your offer goes in.

This post is general educational information. Discuss the specifics of buyer agent compensation with your agent before making an offer. Compensation structures vary by transaction. This is not legal or financial advice.

Section 1 · What actually changed

What the 2024 NAR settlement actually changed.

The March 2024 NAR settlement, which took effect August 17, 2024, resulted from a class action lawsuit challenging how buyer's agent compensation was structured in the MLS system. Before the settlement, it was standard practice for sellers to post a buyer's agent compensation offer directly in the MLS listing — meaning buyers assumed their agent would be paid by the seller without needing to negotiate it separately.

The settlement changed this by prohibiting buyer agent compensation from being advertised in MLS listings. Sellers can still pay the buyer's agent — they just can no longer post that offer through the MLS system. The result is that buyer's agent compensation moved from an automatic assumption baked into most listings to a per-transaction negotiation that buyers need to initiate as part of their offer.

Two other key changes came with it: buyers must now sign a written Buyer-Broker Agreement with their agent before touring homes, and that agreement must specify the agent's compensation clearly and transparently.

Section 2 · The paperwork

The Buyer-Broker Agreement.

As of August 2024, Utah buyers are required to sign a Buyer-Broker Agreement before an agent can tour homes with them. This is a formal written agreement that specifies what services the agent will provide, how long the agreement lasts, which properties it covers, and — critically — how much the agent will be paid and how.

The compensation specified in the Buyer-Broker Agreement becomes the amount the buyer is responsible for paying their agent. Whether the seller ultimately covers that amount is a separate negotiation that happens at the offer stage.

Utah was already ahead of most states in using formal buyer representation agreements before the settlement, so the mechanics of this form are not entirely new — but buyers should understand that signing it creates a real compensation obligation before assuming the seller will automatically cover it.

Section 3 · How you ask

How buyers ask the seller to cover the fee.

After the NAR settlement, Utah's Real Estate Purchase Contract (REPC) was updated to include a dedicated section for buyer's agent compensation — Section 4, titled "Seller's Compensation Contribution to Buyer's Brokerage." This section allows buyers to include a request that the seller contribute either a specific dollar amount or a percentage of the purchase price toward the buyer's agent fee as part of the purchase offer.

This is not a separate conversation or side negotiation — it is built directly into the purchase offer document, alongside other offer terms like price, earnest money, contingencies, and closing date. The seller reviews the full offer and can accept the compensation request, counter-propose a different amount, or decline to pay the buyer's agent fee entirely.

Section 4 · What sellers do

What Utah sellers are actually doing.

Despite the perception that the NAR settlement shifted buyer's agent fees onto buyers, data from Utah transactions suggests that most sellers are continuing to cover buyer's agent compensation — just through direct negotiation rather than MLS posting. Roughly 80% to 90% of Utah residential transactions still close with the seller covering buyer's agent compensation.

The total commission structure on Utah listings typically still runs 5% to 6%, with the buyer's agent portion typically 2.5% to 3% of the purchase price. The process is different — but the outcome for buyers who know to ask is largely the same as it was before the settlement.

Section 5 · The numbers

The numbers worth knowing before the offer goes in.

Buyer's agent fees in Utah typically run 2.5% to 3% of the purchase price. On a $450,000 home, that's $11,250 to $13,500. On a $400,000 home, it's $10,000 to $12,000. These are real numbers that affect the financial structure of a transaction — both for buyers who want the seller to cover the fee and for sellers evaluating offers that include such a request.

Buyers should know the specific fee they've agreed to in their Buyer-Broker Agreement before writing an offer, so they can request the correct amount in Section 4 of the REPC and understand what they're asking for. If a seller declines the request, the buyer's options include paying the fee out of pocket, renegotiating the structure with their agent, or incorporating the amount differently into the overall deal structure.

The Numbers at a Glance

Typical buyer's agent fee in Utah
2.5% to 3% of purchase price
On a $400,000 home
$10,000 to $12,000
On a $450,000 home
$11,250 to $13,500
Where it's requested
Section 4 of Utah's Real Estate Purchase Contract
What sellers are doing
~80–90% of Utah sellers still cover buyer's agent compensation
If the seller declines
Buyer pays out of pocket or negotiates alternative structure

For a broader look at cash-to-close, see the down payment options breakdown for Utah buyers, and the closing costs guide for the rest of the bill at the table.

Section 6 · Nephi's market

Why this matters in Nephi's current market.

In a market where buyers have more leverage — Nephi's current median days on market is 86 days and median sold price is approximately $5,000 below list — sellers are more motivated to work with buyers on all terms, including buyer's agent compensation.

A well-structured offer that requests seller-paid buyer's agent compensation is reasonable to include in the current environment, and sellers who want to attract and close with qualified buyers have more incentive to accommodate it than they did when inventory was thin and every listing had multiple offers.

More on the local backdrop: Nephi's shift toward a buyer's market, and the earnest money guide for the other line most buyers ask about before an offer.

The settlement didn't take seller-paid buyer's agent fees off the table. It just moved them from an assumption to a question. Ask the question.

— Dana Hoyt, Summit Keys Real Estate

FAQ

Buyer Agent Compensation FAQs

Have a specific question about an offer you're preparing? Reach out directly — happy to walk through it.

Dana Hoyt, Realtor® | Summit Keys Real Estate · The Perry Group | Real · Serving Nephi, Mona, Juab County, and the Spanish Fork-to-Nephi corridor.

This post is for general educational purposes only and is not legal or financial advice. Compensation structures, contract requirements, and market conditions vary by transaction and can change. Always discuss buyer agent compensation specifics with your agent before signing a Buyer-Broker Agreement or submitting a purchase offer. Dana Hoyt is a licensed Realtor® in Utah with Summit Keys Real Estate and Real Brokerage, LLC The Perry Group.

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