Utah FSBO sellers can choose whether to offer buyer-agent compensation, how much, and how it’s communicated, within new MLS rules that ban compensation fields.
You get to decide if you will pay a buyer’s agent, and how. You do not get to advertise that number in the MLS. That tension confuses a lot of Utah FSBO sellers, so let’s make it plain.
After the NAR settlement, offers of compensation to a buyer’s agent cannot be listed in MLS fields, and that includes UtahRealEstate.com. Brokers must also have a signed written agreement with buyers before touring homes. Those are structural changes, and the paperwork changed too. The NAR settlement FAQ lays out why written buyer agreements and the removal of compensation from MLS are now required.
What did not change: sellers can still choose to offer compensation, to not offer it, or to negotiate it. Buyers can still ask you to cover their agent’s fee. You can say yes, no, or counter. The consumer guide on offers of compensation explains this as an option you control, not an automatic charge.
For Utah FSBO sellers, the practical difference is you make the choice openly in your own marketing and in the purchase contract, not through an MLS field. If you are using a Utah FSBO guide to stay organized, add a line item for how you will handle buyer-agent compensation so you do not improvise when an offer arrives.
UtahRealEstate.com follows the same MLS-level prohibition. Its rules reference guide states that listing brokers and participants must not include any offer of compensation to a buyer’s agent in the MLS, which applies to remarks, documents, and data fields. That rule is not a suggestion. It is enforced at the system level.
That matters for FSBO sellers because even if you use a flat-fee entry service, your listing cannot advertise buyer-agent compensation in the MLS. You can still communicate it elsewhere, one-to-one, or in your own website or flyer if you want. You can also address it directly in negotiation when you review the Utah REPC, Explained for FSBO Sellers.
And do not overload your remarks trying to be clever about it. The reference guide is clear about no workarounds. Save your creativity for Utah FSBO Listing Photos That Do Their Job and keep the MLS entry clean.
Think of this as a menu, not a mandate.
| Your Choice | How You Say It | What Buyers and Agents Likely Do |
|---|---|---|
| Offer a specific amount or percent | In conversation, on your own site, or when asked; written into the REPC if agreed | More buyer agents will show it; you build the cost into your net math |
| Offer to consider it, case by case | "Seller will review requests for buyer-agent compensation as part of the offer" | You keep flexibility; expect every represented buyer to ask |
| Offer zero | No mention, or "Seller is not offering compensation; buyer to handle" | Smaller pool of represented buyers; some buyers will add it to their offer or pay their agent themselves |
There is no right answer for every house. A $600k home in South Jordan is a different conversation than a $350k home in Ogden with ten comps. Whatever you choose, model it in your seller net sheet alongside title, taxes, and other Utah FSBO Seller Closing Costs, Line by Line.
This distinction trips people up, so get it right in the contract.
Buyer-agent compensation is money you agree to pay toward the buyer’s brokerage fee. A seller concession is money you give to help the buyer with their own closing costs, like lender fees, prepaid taxes, or discount points. They live in different paragraphs of the REPC and your lender will treat them differently.
Example: You list at $535,000. A buyer offers $530,000 and asks for 2.5% buyer-agent compensation and 2% toward closing costs. If you accept, your contract will show $13,250 for buyer-broker compensation and $10,600 for seller concessions. Your net is not $530,000. It is $530,000 minus those two plus your other closing costs. Do that math before you say yes. If you are also weighing loan costs, this is where advice from Choosing a Title Company for a Utah FSBO Sale and your buyer’s lender helps you avoid last-minute surprises.
If you do not want to mix the two, keep them separate in any counter. Write, "Seller agrees to $X for buyer-broker compensation payable to XYZ Brokerage at closing" and handle concessions on their own line. Do not lump them as "seller to pay all buyer costs."
You will get the call. "What are you offering to the buyer’s agent?" Here is a calm, Utah-compliant way to handle it without posting anything in the MLS.
Script: "We are reviewing buyer-agent compensation as part of any offer. If your buyer submits on the Utah REPC, please include the amount you are requesting and where you want it paid. We will respond in writing. We are not advertising compensation in the MLS per UtahRealEstate.com rules."
Checklist before you answer:
If you want a second set of eyes on process without hiring full representation, read Flat-Fee MLS in Utah: Read This Before Paying. It covers what a flat-fee service can and cannot say for you. And if you are sorting through a pile of interest, How to Compare Multiple FSBO Offers in Utah has a clean way to rank offers that include different compensation asks.
Pick your policy now, model two or three net scenarios, and put your preferred language in your file so you do not draft it under pressure. If your situation involves unusual title, HOA, or tax issues, get quick input before you sign.
This is general information, not legal advice. Utah real estate rules and forms change, so verify current requirements with the Utah Division of Real Estate or a Utah real estate attorney.