NAR Legal: Never Filter Listings for Compensation EVEN IF your Buyer directs you to do so in the presentation of properties stage of your buyer brokerage efforts. After the presentation of properties, informed buyers can then decide how they want to proceed with showings, tourings, and payment of compensation.

Some practice tips:
1. Interview your buyer client and develop a specific type/location of property to search for as stated in the buyer agency agreement. This property description will help you in your search parameters. These property search parameters should never include "filtering" for compensation.
2. Present all the properties that meet your buyer client’s needs. You can do your homework prior to presenting in order to see what information you can gather about the potential for seller or listing brokerage compensation. Present this information to your buyer clients. Let your informed buyer clients decide which properties to show/tour/offer.
3. Legally, the offer of compensation is extinct. Recall from your Contracts 101 training that the term "offer" has a precise legal/contractual meaning.
What is occurring now is "advertising" compensation or "not advertising" compensation from the seller or the listing brokerage to the buyer brokerage.
4. Depending on the buyer’s offered terms and price, the seller might be more or less inclined to negotiate helping with the buyer brokerage compensation.
5. Some sellers and or listing brokerages might or might not advertise compensation.
6. Just because compensation is not advertised does not mean that the sellers and or listing brokerages might not negotiate compensation. Some will want to see the offer and then negotiate compensation along with other terms.

https://www.nar.realtor/videos/window-to-the-law/how-non-filtering-rules-apply-to-offers-of-compensation

This information is only accurate as of 10/08/24. You must contact SCR for updates and changes to this information after 10/08/24 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)

This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.