Buyer-agent commission on a new build, post-NAR settlement

The NAR settlement that took effect in 2024 changed how buyer's agents get paid on resale homes. On new construction, most production builders still publish co-op terms — but how the paperwork is now done is different. Here's what changed and what stayed the same.

What changed for buyers generally

Three things, broadly:

1. The MLS no longer displays the seller-paid buyer-agent commission. Whatever the seller agrees to pay the buyer's agent is now negotiated separately and disclosed differently.
2. Buyers now sign a written Buyer Representation Agreement before touring listed homes. The agreement spells out what compensation the buyer's agent will receive and from whom.
3. Buyer-side compensation can come from multiple sources: the seller, the buyer directly, the listing brokerage, or the builder.

What this means for new construction specifically

Most Portland-metro production builders publish co-op commission terms and pay them directly to the buyer's brokerage at close. The settlement didn't change the builder's willingness to pay co-op — it changed how it's disclosed and contracted. In practice:

• You still sign a Buyer Representation Agreement with your agent (Kaz) before touring builder communities. Oregon law and the post-settlement framework both require this.
• The agreement spells out what Kaz will be paid and from whom. For builder communities where the builder publishes co-op terms, the builder is the source — same as before the settlement.
• The Pre-Visit Registration step matters more than ever. Builders use first-visit-without-an-agent rules to deny co-op later. Registering before the first visit, in writing, is what protects your agent's right to be paid by the builder.
• If you sign in to the sales office solo first, then call an agent later — even one day later — most builders will refuse to pay co-op for that buyer. The buyer either pays the agent directly or finds a different builder.

How the conversation actually goes

Here's the practical sequence for a Portland-metro new build in 2026:

1. You decide which communities to walk.
2. Kaz registers you with each builder, in writing, before your first visit — using each builder's specific registration form and method.
3. You and Kaz sign an Oregon-compliant Buyer Representation Agreement that names the builder (or builders) where the co-op is in play.
4. You tour the communities. Kaz is with you, or at minimum named on the registration so the on-site agent doesn't try to claim procuring cause.
5. At close, the builder pays Kaz's brokerage out of their own funds, per the co-op terms they published. You don't write that check.

Where you would pay your own agent

A few scenarios:

• The builder doesn't publish co-op terms. Less common in Portland production builders, more common with smaller custom builders or for-sale-by-builder listings.
• You signed in to the sales office solo first. Registration was missed, the builder denies co-op, and you still want representation. You'd pay directly.
• The builder's co-op rate is below what your agreement specified. You'd cover the difference.

In any of these scenarios, Kaz will tell you in advance — before you tour — what the financial structure looks like. No surprise bills at close.

What the buyer-rep agreement should include

• Term length and termination clauses
• Geographic scope (e.g., Clackamas + East Multnomah for Kaz's typical scope)
• Compensation source (builder, seller, you, or a hybrid)
• Compensation amount (commonly a percentage of purchase price or a flat fee)
• Exclusions (communities not covered, properties you'd identified on your own pre-agreement, etc.)

Updated May 19, 2026